Dennis v. United States PDF

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Prof. Antonio Gallo gives out 1-2 cases on a monthly basis. You have to comply to his form of briefing cases and have to be short, detailed, and think critically abou these old cases. He uses the socratic method of teaching so acing the briefs are incredibly hard. You must have them on hand at all t...

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Sahara Abdala CHS 260 Fri 11 am Prof. Gallo 3/2/17 Dennis v. United States 341 U.S. 494, 71 S. Ct. 857 (1951) Facts Eugene Dennis was the general secretary of the American Communist party. He was arrested along with 10 other leaders within the Party for violating the Smith Act. They were found guilty but soon after appealed their conviction, which was upheld by Judge Hand’s reenvisioned clear and present danger test. The new test included that courts must consider “whether the gravity of the ‘evil,’ discounted by its improbability justifies such invasion of free speech as is necessary to avoid the danger.” This led to the case being taken to the Supreme Court. Issue(s) Does Section 2 or 3 of the Smith Act violate the First Amendment and other provisions from the Bill of Rights? Yes Does Section 2 or 3 of the Smith act violate the First and Fifth Amendment because it lacks precise limits? Yes Does the Smith Act prohibit the discussion of Marxism-Leninism? No Holding The group was found guilty (vote 6-2). Opinion of the court Rule(s): Smith Act Sec. 2. It is unlawful for any person to knowingly and willfully advocate or teach the necessity of overthrowing or obstructing any government within the U.S through force or violence. Sec. 3. “It is unlawful for any person to attempt to commit, or to conspire to commit, any of the acts prohibited by the provisions of…this title.” - Application: The group was convicted for willfully and knowingly conspiring (1) organizing the American Communist party, a group which taught and promoted obstruction of the government through force and violence, and (2) deliberately advocating the duty and necessity of obstructing the government through force and violence. - Purpose of this act is to protect the Government from change caused by violence, revolution, and terrorism. - This is considered an offense because of the “clear and present danger” of the utterances bringing about evil within the power of Congress to punish not accounting it improbability. o “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.” o “Certainly, an attempt to overthrow the government by force, even though doomed from the outset because of inadequate numbers or power of the revolutionists, is a sufficient evil for Congress to prevent.” Concurrence 1 (Justice Frankfurter) The constitutionality of their conviction must be determined by cases that have been decided in more tranquil periods. Not every type of speech occupies the same position on the scale of values. Concurrence 2 (Justice Jackson) Communist Party lacks the power of persuasion but makes up for it in their strategy of stealth with uncoordinated outbursts of violence to gain the upper hand. This presents a clear and present danger. Dissent 1 (Justice Black) Section 3 of the Smith act is unconstitutional because it suppresses Freedom of Speech based on Congress’ or our own reasonableness. Dissent 2 (Justice Douglas) The petitioners weren’t charged with a conspiracy to overthrow the government, but a conspiracy to from a party, group, and assemblies of people who taught and advocated the overthrow of our Government by force or violence and with a conspiracy to overthrow by force and violence. The crime is dependent on who the material is taught by who teaches it....