Final Exam Flashcards
(1 cards)
Dennis v. US
Facts: In 1948, leaders of the Communist Party of America were arrested and charged with violating provisions of the Smith Act. The Act made it unlawful to advocate the violent overthrow of the US gov’t or to organize or be a member of any group or society devoted to such advocacy. Party leaders were found guilty and lower courts upheld the conviction.
Question: Did the Smith Act’s restrictions on speech violate the First Amendment?
Conclusion: 6-2 Decision for the US: The Smith Act did not “inherently” violate the First Amendment. In plurality opinion, the Court held that there was a distinction between the mere teaching of communist philosophies & active advocacy of those ideas. Such advocacy created a “clear and present danger” that threatened the gov’t. Given the gravity of the consequences of an attempted overthrow, the Court held that success/probability of success was not necessary to justify restrictions on free speech
