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Dennis v. United States
* Schenck v. United States
This entry contains information applicable to United States law only.
Dennis v. United States
A 1951 decision of the Supreme Court, Dennis v. United States, 341 U.S. 494, 71 S. Ct. 857, 95 L. Ed. 1137, that upheld criminal convictions under the Smith Act (18 U.S.C.A. § 2385 [1940]), which proscribed teaching and advocating the violent and forcible overthrow of the U.S. government.
Eugene Dennis was one of a number of persons convicted in federal district court for violation of the Smith Act. He and the others were alleged to have engaged in a conspiracy to form the Communist party of the United States to teach and advocate the overthrow of the United States government by force and violence. Such conduct was in direct contravention with the provisions of the Smith Act. Dennis unsuccessfully appealed his conviction and was granted certiorari by the Supreme Court.
The Court focused its review on two issues: whether the particular provisions of the Smith Act violated the First Amendment and the Bill of Rights and whether the sections in question were unconstitutional because they were indefinite in describing the nature of the proscribed conduct. The Court relied upon the determination of the Court of Appeals that the objective of the Communist party in the United States was to bring about the overthrow of its government by force and violence. From this perspective, it reasoned that Congress was empowered to enact the Smith Act, which was designed to safeguard the federal government against terrorist and violent revolution. Peaceable and lawful change was not proscribed, however. The power of Congress to so legislate was not in question, but the means it used to do so created constitutional problems.
The defendants argued that the statute inhibited a free and intelligent discussion of Marxism-Leninism, in violation of the defendants' rights to free speech and press. The Court countered that the Smith Act prohibits advocacy, not intellectual discussion, which is admittedly protected by the First Amendment. It continued, however, that the rights given by the First Amendment are not absolute and unqualified, but must occasionally yield to other concerns and values in society.
The Court decided that the "clear and present danger" test, first formulated by the Supreme Court in 1919 in Schenck v. United States, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470, applied to the case and set out to explain its applicability. The forcible and violent overthrow of the government constituted a substantial enough interest to permit the government to limit speech that sought to cause it. The Court then reasoned that "If [the] Government is aware that a group aiming at its overthrow is attempting to indoctrinate its members and to commit them to a course whereby they will strike when the leaders feel the circumstances permit, action by the Government is required." The likelihood of success or success itself is not necessary, provided the words and proposed actions posed aclear and present danger to the government. The Court based its rationale upon the majority opinion in Gitlow v. New York, 268 U.S. 652, 45 S. Ct. 625, 69 L. Ed. 1138 (1925), " ‘In each case [courts] must ask whether the gravity of the "evil," discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.' "
Concerning the issue of indefiniteness, the Court concluded that since the defendants were found by the jury to have intended the forcible overthrow of the government as soon as the circumstances permitted, there was no need to reverse their convictions because of the possibility that others might, in the future, be unaware of its proscriptions. When possible "borderline" cases arise, the Court would at that time strictly scrutinize the convictions.
The Dennis decision so broadly expanded the parameters of the "clear and present danger" test that the Supreme Court eventually rejected it in favor of a test that balances First Amendment freedom against the substantial interests of the government.
See: Communism; Freedom of Speech; Freedom of the Press; Gitlow v. New York; Schenck v. United States.
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Dennis v. United States, 341 U.S. 494 (1951), was a United States Supreme Court case involving Eugene Dennis, general secretary of the Communist Party, USA and dealing with citizens' rights under the First Amendment to the Constitution of the United States.
The case
George W. Crockett, Jr., Abraham J. Isserman and Harry Sacher argued the cause for petitioners. With them on the brief was Richard Gladstein.
Solicitor General Perlman and Irving S. Shapiro argued the cause for the United States. With them on the brief were Attorney General McGrath, Assistant Attorney General McInerney, Irving H. Saypol, Robert W. Ginnane, Frank H. Gordon, Edward C. Wallace and Lawrence K. Bailey.
The judgment
Handed down as a 6-2 decision by the Court on June 4, 1951, the judgment and a plurality opinion was delivered by Chief Justice of the United States Fred Vinson, who was joined by Justices Stanley Forman Reed, Sherman Minton, and Harold H. Burton. Separate concurring opinions were delivered by Justices Felix Frankfurter and Robert H. Jackson. Justices Hugo Black and William O. Douglas wrote separate dissenting opinions. Justice Tom C. Clark did not participate in this case.
The Court ruled against the plaintiff, a leader of the Communist Party in the United States, convicted for teaching, conspiring and organizing for the willful overthrow and destruction of the United States government by force and violence, under provisions of the Smith Act.
External links
* Full text of the decision courtesy of Findlaw.com
* First Amendment Library entry on Dennis v. United States
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
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The Jewish justices made it illegal to have certain types of free speech - one advocating the overthrow of the government. So technically my post is an illegal one. The Jewish justices subverted the letter and the spirit of the Constitution and substituted their own laws for the laws that protect citizens' freedoms. It appears that it doesn't matter whether the Government is acting traitorously; we are not allowed to assemble and discuss overthrowing the government. We can't form political parties that the judiciary deems are 'harmful' to the country or to the government in power.
They subvert the constitution by arguing that 'free speech' is not guaranteed if ".......". They say there are alternate interpretations of the laws and the constitution. The Jews are always doing that. They make up special circumstances and special exceptions that benefit themselves, allowing them to meddle around with the constitution.
How did these people get away with changing the nation's constitution? Usually a country's constitution is changed by people revolting. The Jews have done it stealthily. The majority of the people in the USA aren't even aware the constitution has been changed, and now it looks nothing like the original one. People are under the illusion they can still exercise their right of free speech.
When things start hotting up in the near future I am sure the government is going to use that Dennis v US law to shut down websites and prosecute people for what they post on the internet. There will be heavy censoring of the internet.
I wonder when the people are going to get sick of all this control. Maybe a bunch of frustrated internet addicts will be the ones who rise up and end up overthrowing the government.
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