Hess v. Indiana
| Hess v. Indiana | |
|---|---|
| Decided November 19, 1973 | |
| Full case name | Gregory Hess v. State of Indiana |
| Docket no. | 73-5290 |
| Citations | 414 U.S. 105 (more) 94 S. Ct. 326; 38 L. Ed. 2d 303; 1973 U.S. LEXIS 177 |
| Case history | |
| Prior | Hess v. State, 260 Ind. 427, 297 N.E.2d 413 (1973) |
| Holding | |
| Hess's language did not fall within any of the "narrowly limited classes of speech" that the States may punish without violating the First and Fourteenth Amendments. | |
| Court membership | |
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| Case opinions | |
| Per curiam | |
| Dissent | Rehnquist, joined by Burger, Blackmun |
| Laws applied | |
| U.S. Const. amends. I, XIV | |
Hess v. Indiana, 414 U.S. 105 (1973), was a United States Supreme Court case involving the First Amendment that reaffirmed and clarified the imminent lawless action test first articulated in Brandenburg v. Ohio (1969). Hess is still cited by courts to protect speech threatening future lawless action.