Nature of the Case
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Facts
The Smith Act made it a crime for anyone to knowingly advocate the overthrow of government by force or violence, to organize or help to organize any group which does so, or to conspire to do so. Dennis (D) and other ringleaders (D) of the American Communist Party had been conducting seminars, making speeches, and writing articles advocating the overthrow of the U.S. government. They were charged with conspiracy in violation of the Smith Act. The trial judge charged that the jury could not find the petitioners guilty under the indictment unless they found that petitioners had the intent to 'overthrow . . . the Government of the United States by force and violence as speedily as circumstances would permit.' Ds were convicted of participating in a conspiracy to organize the Communist Party in the United States. They appealed. Ds claimed that the Act prohibited academic discussion on the merits of Marxism and that this was unconstitutional as it stifled ideas in contravention of the First Amendment. The Second Circuit affirmed in that Ds’ speech and actions were dangerous enough that the United States (P) had a viable interest in stopping it. The Supreme Court granted certiorari.
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