Dennis v. United States
Supreme Court of the United States Official seal of the Supreme Court of the United States File links The following pages link to this file: Marbury v. ...
Argued December 4, 1950 Decided June 4, 1951
Full case name: Eugene Dennis, et al. v. United States Citations: 341 U.S. 494; 71 S. Ct. 857; 95 L. Ed. 1137; 1951 U.S. LEXIS 2407 Prior history: Motion by co-defendant to dismiss attorney denied, 9 F.R.D. 367 (S.D.N.Y. 1949); defendants convicted, S.D.N.Y., 10-29-49; affirmed, 183 F.2d 201 (2nd Cir. 1950) Subsequent history: Rehearing denied, 342 U.S. 842 (1951); rehearing denied, 355 U.S. 936 (1958)
Holding
Defendants' convictions for conspiring, through their participation in the Communist Party, to overthrow the U.S. government by force were not prohibited by the First Amendment.
Court membership
Chief Justice: Fred Vinson Associate Justices: Hugo Black, Stanley Reed, Felix Frankfurter, William O. Douglas, Robert Jackson, Harold Burton, Tom Clark, Sherman Minton
Case opinions
Plurality by: Vinson Joined by: Reed, Burton, Minton Concurrence by: Frankfurter Concurrence by: Jackson Dissent by: Black Dissent by: Douglas Clark took no part in the consideration or decision of the case
Laws applied
U.S. Const. amend. I; 18 U.S.C. §§ 10, 11 (1946)

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 and dealing with citizens' rights under the First Amendment to the Constitution of the United States. 1951 was a common year starting on Monday; see its calendar. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Eugene Dennis (August 10, 1905 - January 31, 1961) was a long-time leader of the Communist Party USA and union organizer. ... The term General Secretary (alternatively First Secretary) denotes a leader of various unions, parties or associations. ... The Communist Party of the United States of America (CPUSA) is one of several Marxist-Leninist groups in the United States. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...

The Case

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

The Judgment

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 Chief Justice of the United States is the head of the Judicial Branch of the government of the United States, and presides over the Supreme Court of the United States. ... Frederick Moore Vinson (January 22, 1890 – September 8, 1953) served the United States in all three branches of government. ... Stanley Forman Reed ( December 31, 1884 – April 2, 1980) was an Associate Justice of the Supreme Court from 1938 to 1957. ... Sherman Minton Sherman Minton, (October 20, 1890–April 9, 1965) was a United States Senator and an associate Justice of the Supreme Court of the United States. ... Harold Hitz Burton (June 22, 1888 - October 28, 1964) was an American Senator and Associate Justice of the Supreme Court of the United States. ... Justice Frankfurter Felix Frankfurter (November 15, 1882–February 22, 1965) was a United States Supreme Court Associate Justice. ... Justice Jackson Robert Houghwout Jackson (February 13, 1892 - October 9, 1954) was United States Attorney General (1940 - 1941) and an Associate Justice of the United States Supreme Court (1941 - 1954). ... Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... Douglas William Orville Douglas (October 16, 1898 - January 19, 1980) was a United States Supreme Court Associate Justice. ... Tom Campbell Clark (September 23, 1899 in Dallas, Texas –June 13, 1977) was United States Attorney General from 1945-1949 and an Associate Justice of the Supreme Court of the United States (1949-1967). ...

The Court ruled against the plaintiff, a leader of the Communist Party in the United States, convicted for teaching, conspiring and organizing for the willful overthrow and destruction of the United States government by force and violence, under provisions of the Smith Act. In modern usage, a Communist party is a political party which promotes communism, a sociopolitical philosophy based on the particular interpretation of Marxism put forth by Vladimir Lenin. ... The Alien Registration Act or Smith Act (18 USC 2385) of 1940 made it a criminal offense for anyone to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing the Government of the United States or of any State by force or violence...

Research Resources

• First Amendment Library entry on Dennis v. United States

External links

• Full text of the decision courtesy of Findlaw.com