Dennis v. United States 1951

Did convicting Communist Party leaders under the Smith Act violate the First Amendment?

341 U.S. 494 (1951)Speech and press

The question: Did convicting Communist Party leaders under the Smith Act violate the First Amendment?
What the Court held: No. Conspiring to advocate overthrow of the government could be punished given the gravity of the danger.
The vote: 6–2
Era: The early Cold War
Read the opinion: 341 U.S. 494 (1951), full text

This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.

Where the question came from. The events behind it.

1940

June 28, 1940 · Restriction of rights

Makes it a crime to advocate the violent overthrow of the government or to belong to a group that does, and requires non-citizen adults to register.