Transcript Yates vs. United States

Yates vs. United States
Argued October 8-9, 1956
Decided June 17, 1957
Background
• In 1951, 14 people were charged with violating the
Smith Act for being members of the Communists
Party.
• The Smith Act makes it illegal to organize the
destruction to overthrow any government in the U.S.
with force or action.
• Yates argued that there only actions were passive
and no physical force was taken.
Constitutional Issues
• The repealed argued whether or not Yates 1st
Amendment right to freedom of speech protected his
support of forceful overthrow of the government.
• First Amendment- Congress shall make no law
respecting an establishment of religion, or
prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the
press; or the right of the people peaceably to
assemble, and to petition the government for
a redress of grievances.
Justice Vote
6-1
Majority Opinion
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Harlan (wrote majority opinion)
Black (joined majority opinion)
Douglas (“”)
Burton (“”)
Warren (“”)
Frankfurt (“”)
Dissenting Opinion
Tom Clark (wrote dissenting opinion)
Took No Part
Justice Brennan
Justice Whittaker
Majority Opinion
“The Court held that for the Smith Act to be violated,
people must be encouraged to do something. The
Court drew a distinction between a statement of an
idea and the advocacy that a certain action be taken.”
In other words….The Smith Act makes action illegal.
The Court founded that Yates was starting an idea,
he wasn’t directly in support of action being taken. He
talked about doing things not about having them
done.
Dissenting
• Clark was the only one who formed a
dissenting opinion.
• He stated that this case was similar to the
Dennis vs. United States case in 1951,
except for the California conditions. In
Dennis, the defendants were found guilty and
convicted on evidence closely paralleling that
of Yates vs. United States.