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.

All labels observed (3)

How this entity was disambiguated

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 Louis D. Brandeis ⓘ
Oliver Wendell Holmes Jr. ⓘ
constitutionalProvision First Amendment to the United States Constitution ⓘ
Fourteenth Amendment to the United States Constitution ⓘ
country 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 ⓘ
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 ⓘ
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 ⓘ
outcome conviction affirmed ⓘ
overruledBy Brandenburg v. Ohio ⓘ
overruledByCitation 395 U.S. 444 ⓘ
page 357 ⓘ
party Charlotte Anita Whitney ⓘ
plaintiff 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 ⓘ
statuteInvolved California Criminal Syndicalism Act ⓘ
timePeriod Lochner era ⓘ
linked to: Lochner v. New York
volume 274 ⓘ
vote unanimous in result ⓘ

How these facts were elicited

Referenced by (12)

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

Brandenburg v. Ohio → overruledPrecedent → Whitney v. California ⓘ
Louis D. Brandeis → notableWork → Whitney v. California concurrence ⓘ
subject linked to: Justice Louis D. Brandeis
linked to: Whitney v. California
clear and present danger test → appliedInCase → Whitney v. California ⓘ
De Jonge v. Oregon → relatedCase → Whitney v. California ⓘ
Whitney v. California → fullName → Whitney v. California ⓘ
Herndon v. Lowry → relatedCase → Whitney v. California ⓘ
California Criminal Syndicalism Act → testCase → Whitney v. California ⓘ
California Criminal Syndicalism Act → scrutinizedIn → Whitney v. California ⓘ
Charlotte Anita Whitney → knownFor → Whitney v. California ⓘ
Charlotte Anita Whitney → notableWork → Whitney v. California (as defendant) ⓘ
linked to: Whitney v. California
Charlotte Anita Whitney → subjectOf → Whitney v. California ⓘ