Source: The Hill
by Richard Labunski
“An important feature of our legal system is that Supreme Court decisions do not expire. The principles they establish require deference and compliance, even when they seem out of date. Until modified or overturned, Supreme Court rulings must be obeyed and should not be undermined by neglect. Nevertheless, that is what is happening to Brandenburg v. Ohio (1969), a landmark First Amendment case. Although it involves fundamental rights that are directly related to contemporary issues, the case has been overlooked by commentators, legislators, lawyers and even judges. If Brandenburg’s value was understood, those facing prosecution or deportation for their public statements — such as Mahmoud Khalil, the Columbia University student targeted by the Trump administration — could have relied on the First Amendment to protect them.” (07/09/25)