Whitney v. California
1927 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Whitney v. California, 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a clear and present danger to society.[1] While the majority of the Supreme Court Justices voted to uphold the conviction, the ruling has become an important free speech precedent due a concurring opinion by Justice Louis Brandeis recommending new perspectives on criticism of the government by citizens.[2] The ruling was explicitly overruled by Brandenburg v. Ohio in 1969.[3]
Quick Facts Whitney v. California, Argued October 6, 1925Reargued March 18, 1926 Decided May 16, 1927 ...
Whitney v. California | |
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Argued October 6, 1925 Reargued March 18, 1926 Decided May 16, 1927 | |
Full case name | Charlotte Anita Whitney v. People of the State of California |
Citations | 274 U.S. 357 (more) 47 S. Ct. 641; 71 L. Ed. 1095; 1927 U.S. LEXIS 1011 |
Case history | |
Prior | Defendant convicted, Superior Court of Alameda County, California; affirmed, 207 P. 698 (Cal. Ct.App, 1922); review denied, Supreme Court of California, 6-24-22; dismissed for want of jurisdiction, 269 U.S. 530 (1925); rehearing granted, 269 U.S. 538 (1925) |
Subsequent | None |
Holding | |
Defendant's conviction under California's criminal syndicalism statute for membership in the Communist Labor Party did not violate her free speech rights as protected under the Fourteenth Amendment, because states may constitutionally prohibit speech tending to incite crime, disturb the public peace, or threaten the overthrow of government by unlawful means. | |
Court membership | |
| |
Case opinions | |
Majority | Sanford, joined by Taft, Van Devanter, McReynolds, Sutherland, Butler, Stone |
Concurrence | Brandeis, joined by Holmes |
Laws applied | |
U.S. Const. amend. XIV; California Criminal Syndicalism Act | |
Overruled by | |
Brandenburg v. Ohio, 395 U.S. 444 (1969) |
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