Whitney v. California

E179507

Whitney v. California was a 1927 U.S. Supreme Court case that upheld a conviction under a state criminal syndicalism law and became historically significant for Justice Brandeis’s influential concurrence on free speech before later being overruled.

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Statements (50)

Predicate Object
instanceOf First Amendment case
United States Supreme Court case
criminal syndicalism case
allegation membership in an organization advocating criminal syndicalism
areaOfLaw constitutional law
criminal law
free speech jurisprudence
charge criminal syndicalism
citation 274 U.S. 357
concurrenceBy Justice Louis D. Brandeis
surface form: Louis D. Brandeis

Oliver Wendell Holmes Jr.
constitutionalProvision First Amendment to the United States Constitution
Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
decade 1920s
decisionDate 1927-05-16
defendant Charlotte Anita Whitney
famousFor Justice Brandeis’s concurring opinion on free speech and democratic deliberation
articulation of the idea that more speech, not enforced silence, is the remedy for harmful speech
fullName Whitney v. California self-link
historicalSignificance important early case on the limits of political advocacy and subversive speech
influential for later First Amendment doctrine despite its holding being rejected
holding The Supreme Court held that California’s criminal syndicalism statute, as applied, did not violate the First and Fourteenth Amendments.
The Supreme Court upheld the defendant’s conviction under California’s criminal syndicalism law.
jurisdiction United States of America
surface form: United States
laterTreatment overruled
legalIssue First Amendment to the United States Constitution
application of the First Amendment to the states through the Fourteenth Amendment
criminal syndicalism statutes
freedom of assembly
freedom of speech
majorityOpinionBy Justice Edward Terry Sanford
opinionBy Edward Terry Sanford NERFINISHED
outcome conviction affirmed
overruledBy Brandenburg v. Ohio
overruledByCitation 395 U.S. 444
page 357
party Charlotte Anita Whitney
plaintiff California, United States
surface form: State of California
relatedCase Brandenburg v. Ohio
Gitlow v. New York
Schenck v. United States
reporter United States Reports
standardDiscussed clear and present danger
stateLawInvolved California, United States
surface form: California
statuteInvolved California Criminal Syndicalism Act
timePeriod Lochner v. New York
surface form: Lochner era
volume 274
vote unanimous in result

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Referenced by (5)

Full triples — surface form annotated when it differs from this entity's canonical label.

Brandenburg v. Ohio overruledPrecedent Whitney v. California
Justice Louis D. Brandeis notableWork Whitney v. California
subject surface form: Louis D. Brandeis
this entity surface form: Whitney v. California concurrence
clear and present danger test appliedInCase Whitney v. California
De Jonge v. Oregon relatedCase Whitney v. California
Whitney v. California fullName Whitney v. California self-link