Yates+v.+United+States

//Yates, et al. v. United States//

Argued: October 8th - 9th, 1956 Decided: June 17th, 1957
 * //Important Dates://**


 * //Premise://** Took most of the power out of the Smith Act. Freedom of Speech & Press. Could the Smith Act be used to prohibit the advocacy of violent overthrow of the government (idea - not action)


 * //Background://** The Smith Act's purpose was to limit the political activities of radical opponent of the US government. Several members of the Communist Party of the United States (CPUSA) were convicted of violating the Smith Act.


 * //Opinion of the Court://** Delivered by Justice Harlan. The Smith Act wasn't ruled unconstitutional, however, it was narrowly interpreted to the point of making it unenforceable. Emphasis was placed on the difference between advocating ideas (abstract) and advocating immediate illegal action (directed toward violently overthrowing the government)

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