Dennis v. United States
E147329
Dennis v. United States is a landmark 1951 U.S. Supreme Court decision that upheld the convictions of Communist Party leaders under the Smith Act, significantly shaping First Amendment jurisprudence on speech advocating the overthrow of the government.
All labels observed (4)
Statements (53)
| Predicate | Object |
|---|---|
| instanceOf |
First Amendment case
ⓘ
United States Supreme Court case ⓘ criminal law case ⓘ landmark case ⓘ |
| areaOfLaw | First Amendment to the United States Constitution ⓘ |
| charge | conspiracy to advocate the overthrow of the U.S. government by force and violence ⓘ |
| chiefJusticeAtDecision |
Chief Justice Fred M. Vinson
ⓘ
surface form:
Fred M. Vinson
|
| citation | 341 U.S. 494 ⓘ |
| concurrenceBy |
Felix Frankfurter
ⓘ
Robert H. Jackson ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decisionDate | 1951-06-04 ⓘ |
| dissentBy |
Hugo L. Black
ⓘ
William O. Douglas ⓘ |
| fullName | Dennis v. United States self-link ⓘ |
| historicalContext |
Cold War
ⓘ
McCarthyism ⓘ
surface form:
Red Scare
|
| holding |
The First Amendment does not protect speech that poses a sufficient threat of grave evil under the gravity of the evil–probability test.
ⓘ
The convictions of Communist Party leaders under the Smith Act for conspiring to advocate the overthrow of the U.S. government by force were upheld. ⓘ |
| impact |
Narrowed First Amendment protection for subversive advocacy during the Cold War era.
ⓘ
Provided precedent for upholding restrictions on speech deemed threatening to national security. ⓘ |
| issue |
Whether the Smith Act’s prohibition on conspiring to advocate the overthrow of the government by force violates the First Amendment.
ⓘ
Whether the convictions of Communist Party leaders for conspiracy to advocate violent overthrow were constitutional. ⓘ |
| joinedByInMajority |
Harold H. Burton
ⓘ
Sherman Minton ⓘ Stanley Forman Reed ⓘ
surface form:
Stanley F. Reed
Tom C. Clark ⓘ |
| laterTreatment |
Brandenburg v. Ohio
ⓘ
surface form:
Its approach to subversive advocacy was limited by Brandenburg v. Ohio.
|
| legalSubject |
constitutional law
ⓘ
criminal conspiracy ⓘ freedom of speech ⓘ national security law ⓘ |
| lowerCourt | United States Court of Appeals for the Second Circuit ⓘ |
| lowerCourtDisposition | Judgment affirmed ⓘ |
| majorityOpinionBy |
Chief Justice Fred M. Vinson
ⓘ
surface form:
Fred M. Vinson
|
| partyInvolved | Communist Party USA ⓘ |
| petitioner |
Eugene Dennis
ⓘ
Other leaders of the Communist Party USA ⓘ |
| pluralityOpinionBy |
Chief Justice Fred M. Vinson
ⓘ
surface form:
Fred M. Vinson
|
| relatedCase |
Brandenburg v. Ohio
ⓘ
Gitlow v. New York ⓘ Schenck v. United States ⓘ Yates v. United States ⓘ |
| relatedDoctrine |
advocacy of illegal action
ⓘ
clear and present danger ⓘ |
| respondent |
United States of America
ⓘ
surface form:
United States
|
| standardApplied | gravity of the evil–probability test ⓘ |
| standardComparedTo | clear and present danger test ⓘ |
| statuteInterpreted |
Alien Registration Act of 1940
ⓘ
Smith Act ⓘ |
| term | 1950 Term ⓘ |
| yearDecided | 1951 ⓘ |
Referenced by (11)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Dennis v. United States (to the extent Dennis allowed broader application of the Smith Act)
this entity surface form:
United States v. Dennis
this entity surface form:
majority opinion in Dennis v. United States