Yates v. United States
1957 United States Supreme Court case / From Wikipedia, the free encyclopedia
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For the 2015 case of the same name, see Yates v. United States (2015).
Yates v. United States, 354 U.S. 298 (1957), was a case decided by the Supreme Court of the United States[1] that held that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger".
This Overruled United States Supreme Court decisions contains unreferenced categories. (December 2021) |
Quick Facts Yates v. United States, Argued October 8–9, 1956 Decided June 17, 1957 ...
Yates v. United States | |
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Argued October 8–9, 1956 Decided June 17, 1957 | |
Full case name | Yates, et al. v. United States |
Citations | 354 U.S. 298 (more) 77 S. Ct. 1064; 1 L. Ed. 2d 1356; 1957 U.S. LEXIS 657 |
Case history | |
Prior | 225 F.2d 146 (9th Cir. 1955); cert. granted, 350 U.S. 860 (1955). |
Holding | |
To violate the Smith Act, one must encourage others to take some action, not simply hold or assert beliefs. | |
Court membership | |
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Case opinions | |
Majority | Harlan, joined by Warren, Frankfurter; Black, Douglas (Part I, and partially as to Parts II and III); Burton (all but Part I) |
Concurrence | Burton (in part and in the judgment) |
Concur/dissent | Black, joined by Douglas |
Dissent | Clark |
Brennan, Whittaker took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amend. I, Smith Act |
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