Writing for the majority, Justice John Marshall Harlan introduced the notion of balancing society's right of self-preservation against the right to free speech. The Court recognized that 'advocacy to action' circumstances would be 'few and far between'. The Court ruled that the Smith Act did not prohibit 'advocacy of the forcible overthrow of the government as an abstract doctrine'. The Court drew a distinction between actual advocacy to action and mere belief. It construed the Smith Act narrowly, stating that the term 'organize' meant to form an organization, not to take action on behalf of an organization.

The Supreme Court of the United States ruled 6–1 to overturn the convictions. The appellants claimed that the Communist Party was engaged in passive political activities and that any violation of the Smith Act must involve active attempts to overthrow the government. The Smith Act made it unlawful to advocate or organize the destruction or overthrow of any government in the United States by force. 298 (1957), was a case decided by the Supreme Court of the United States that held that the First Amendment protected radical and reactionary speech, unless it posed a ' clear and present danger'.įourteen lower echelon officials of the Communist Party USA (CPUSA) were charged with violating the Smith Act by being members of the CPUSA in California. To violate the Smith Act, one must encourage others to take some action, not simply hold or assert beliefs.Ĭhief Justice Earl Warren Associate Justices Hugo Black īrennan, Whittaker took no part in the consideration or decision of the case.

Yates v. checkers top class actions