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Dennis v. United States
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In 1948 leaders of the Communist Party of America were arrested for conspiring to overthrow the government. This is a violation of the Smith Act. However, they argued that being arrested for talking about something violated their first amendment right to freedom of speech. Was the First amendment right to freedom of speech being violated when they were plotting to overthrow the government by any means necessary? (“Oyez Project”) The act of conspiring to, or teaching to over throw the government by violence is a crime under the Smith Act therefore covers the first amendment due to the danger of which the speech contains. The Petitioners, “Dennis” were arrested and convicted of attempting to overthrow the government. This included conspiring, plotting, and planning everything necessary to destroy the United States government. It also includes teaching and advocating the obliteration of the government by violent means. All of which is illegal under the Smith Act of 1940. (“Casebriefs”) The Smith Act was passed in 1940 to prohibit the advocacy to destroy or overthrow the government. Created to destroy Communism, the Smith Act was used in several post-World War Two era cases. Also used in the Dennis v. United States case was the “clear and present danger” test that was used in the Gitlow v. New York case of 1925. “Clear and present danger” refers to a test that courts use where a United States law limits a citizen's freedom of speech. If the law is considered to be constitutional it can be proven that there is a "clear and present danger.” (“Prentice Hall Documents Library”)This test reverts back to a person’s common sense and best judgment more than anything. It is up to the Court Justices to decide what is considered dan... ... middle of paper ... ... government has a major sense of protection and security. Works Cited Dennis v. United States - Significance, "clear And Present Danger", "beyond These Powers We Must Not Go", Dissenters Cite Prior Censorship "Dennis v. United States." Casebriefs. Casebriefs LLC, 2011. Web. 21 Oct 2011. . "Dennis v. United States." The Oyez Project. Oyez Project at IIT Chicago-Kent College of Law, 28 Oct 2011. Web. 20 Oct 2011. <.>. "Dennis v. United States (1951)." Prentice Hall Documents Library. N.p., n.d. Web. 20 Oct 2011. .