Dennis et. al. v. US 1951
Background: In 19478, leaders of the Communist Party of America were charged with violating the Smith Act and were subsequently arrested. The Act stated it was unlawful for anyone to knowingly conspire to advocate or teach the overthrow of the U.S. government. Lower courts found the leaders guilty and upheld the conviction.
Issue: Was the Smith Act's restrictions on free speech unconstitutional and did it violate the First Amendment?
Ruling/Impact: The Court upheld the convictions of the party leaders and argued the Smith Act did not "inherently" violate the First Amendment. The Court held that there was also a distinction between teaching Communist philosophies and advocating those ideas. The advocacy of the ideas created "clear and present" danger which threatened the government. Given the consequences an overthrow of the government, influenced by the advocacy of these ideals, might cause, the Court ruled that the success, or probability of success, of such an event was not necessary to justify restrictions on the freedom of speech.
Issue: Was the Smith Act's restrictions on free speech unconstitutional and did it violate the First Amendment?
Ruling/Impact: The Court upheld the convictions of the party leaders and argued the Smith Act did not "inherently" violate the First Amendment. The Court held that there was also a distinction between teaching Communist philosophies and advocating those ideas. The advocacy of the ideas created "clear and present" danger which threatened the government. Given the consequences an overthrow of the government, influenced by the advocacy of these ideals, might cause, the Court ruled that the success, or probability of success, of such an event was not necessary to justify restrictions on the freedom of speech.