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Anonymous asked in Politics & GovernmentGovernment · 1 decade ago

Dennis vs. United States: Court Case help?

I need the:

Date

Issues surrounding case

Constitutional issues and amendments involved

What was the ruling

Impact of ruling

thank you!

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  • 1 decade ago
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    Background of the case

    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, which found that Dennis did not have a right under the First Amendment to the Constitution of the United States to exercise free speech, publication and assembly, if that exercise was in furtherance of a conspiracy to overthrow the government.

    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 Philip B. Perlman and Irving S. Shapiro argued the cause for the United States. With them on the brief were U.S. Attorney General James Howard McGrath, U.S. Assistant Attorney General McInerney, Irving H. Saypol, Robert W. Ginnane, Frank H. Gordon, Edward C. Wallace, and Lawrence K. Bailey.

    Petitioners were indicted in July 1948 for violating a provision of the Smith Act. Petitioners were found guilty by the trial court and the decision was affirmed by the Second Circuit Court of Appeals. The Supreme Court granted writ of certiorari, but limited it to whether section two or three of the Smith Act violated the First Amendment and whether the same two sections violated the First and Fifth Amendments because of indefiniteness.

    Court's decision

    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 rule affirmed the conviction of the petitioner, a leader of the Communist Party in the United States. Dennis had been convicted of conspiring and organizing for the overthrow and destruction of the United States government by force and violence under provisions of the Smith Act. In affirming the conviction, a plurality of the Court adopted Judge Learned Hand's formulation of the clear and present danger test:

    In each case [courts] must ask whether the gravity of the "evil," discounted by its improbability, justifies such invasion of free speech as necessary to avoid the danger.

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  • 4 years ago

    Dennis V United States

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  • Anonymous
    5 years ago

    This Site Might Help You.

    RE:

    Dennis vs. United States: Court Case help?

    I need the:

    Date

    Issues surrounding case

    Constitutional issues and amendments involved

    What was the ruling

    Impact of ruling

    thank you!

    Source(s): dennis united states court case help: https://tr.im/Q7QKO
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  • Anonymous
    4 years ago

    Dennis V Us

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