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)

How this entity was disambiguated

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 Fred M. Vinson ⓘ
citation 341 U.S. 494 ⓘ
concurrenceBy Felix Frankfurter ⓘ
Robert H. Jackson ⓘ
country 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 ⓘ
historicalContext Cold War ⓘ
Red Scare ⓘ
linked to: McCarthyism
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 F. Reed ⓘ
linked to: Stanley Forman Reed

Tom C. Clark ⓘ
laterTreatment Its approach to subversive advocacy was limited by Brandenburg v. Ohio. ⓘ
linked to: 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 Fred M. Vinson ⓘ
partyInvolved Communist Party USA ⓘ
petitioner Eugene Dennis ⓘ
Other leaders of the Communist Party USA ⓘ
pluralityOpinionBy 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 ⓘ
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 ⓘ

How these facts were elicited

Referenced by (15)

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

Felix Frankfurter → notableCase → Dennis v. United States ⓘ
Brandenburg v. Ohio → modifiedPrecedent → Dennis v. United States ⓘ
Smith Act → notableCase → Dennis v. United States ⓘ
Smith Act → upheldIn → Dennis v. United States ⓘ
Dennis v. United States → fullName → Dennis v. United States ⓘ
Alien Registration Act of 1940 → subjectOf → Dennis v. United States ⓘ
Yates v. United States → relatedTo → Dennis v. United States ⓘ
Yates v. United States → overruledInPart → Dennis v. United States (to the extent Dennis allowed broader application of the Smith Act) ⓘ
linked to: Dennis v. United States
Learned Hand → notableWork → United States v. Dennis ⓘ
linked to: Dennis v. United States
Thomas Campbell Clark → notableWork → majority opinion in Dennis v. United States ⓘ
linked to: Dennis v. United States
Vinson Court → notableDecision → Dennis v. United States ⓘ
Eugene Dennis → notableWork → Dennis v. United States ⓘ
Eugene Dennis → legalCase → Dennis v. United States ⓘ
Scales v. United States → relatedCase → Dennis v. United States ⓘ