Whitney v. California 1927

Could California punish membership in an organization that advocated violent change?

274 U.S. 357 (1927)Speech and pressOverruled in 1969

The question: Could California punish membership in an organization that advocated violent change?
What the Court held: Yes. Justice Brandeis, concurring, wrote that the remedy for feared speech is “more speech, not enforced silence.”
The vote: 9–0
Later overruled by: Brandenburg v. Ohio (1969), 42 years later.
Era: The interwar years and the New Deal
Read the opinion: 274 U.S. 357 (1927), 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.