Hess v. Indiana
|Hess v. Indiana|
|Decided November 19, 1973|
|Full case name||Gregory Hess v. State of Indiana|
|Citations||414 U.S. 105 (more)|
|Prior||Hess v. State, 260 Ind. 427, 297 N.E.2d 413 (1973)|
|Dissent||Rehnquist, joined by Burger, Blackmun|
|U.S. Const. amend. I|
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. Hess is still cited by courts to protect speech threatening future lawless action.
The case involved an antiwar protest on the campus of Indiana University Bloomington. Between 100 and 150 protesters were in the streets. The sheriff and his deputies then proceeded to clear the streets of the protestors. As the sheriff was passing Gregory Hess, one of the members of the crowd, Hess uttered, "We'll take the fucking street later" or "We'll take the fucking street again." Hess was convicted in Indiana state court of disorderly conduct.
The Supreme Court reversed Hess's conviction because the statement, at worst, "amounted to nothing more than advocacy of illegal action at some indefinite future time. This is not sufficient to permit the State to punish Hess' speech."
- Hess v. Indiana, 414 U.S. 105 (1973).
- "Fighting words: Hess v. Indiana tested limits of free speech during wartime". IU News Room, Indiana University. November 17, 2004. Retrieved May 16, 2017.
- Hess, 414 U.S. at 108.