Dennis et al. v. United States (341 U.S. 494)
U.S. Supreme Court · decided June 4, 1951 · Supreme Court Database (Spaeth)
- Citation
- 341 U.S. 494 · 71 S. Ct. 857
- Docket
- No. 336
- Argued
- December 4, 1950
- Decided
- June 4, 1951
- Term
- October Term 1950
- Vote
- 6–2
- Majority author
- Justice Vinson
- Issue area
- First Amendment
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson (wrote), Justice Minton, Justice Burton, Justice Reed
- Concurring in the judgment
- Justice R. H. Jackson (wrote), Justice Frankfurter (wrote)
- Dissenting
- Justice Douglas (wrote), Justice Black (wrote)
Opinion excerpt
Mr. Chief Justice Vinson announced the judgment of the Court and an opinion in which Mr. Justice Reed, Mr. Justice Burton and Mr. Justice Minton join. Petitioners were indicted in July, 1948, for violation of the conspiracy provisions of the Smith Act, 54 Stat. 671, 18 U. S. C. (1946 ed.) § 11, during the period of April, 1945, to July, 1948. The pretrial motion to quash the indictment on the grounds, inter alia, that the statute was unconstitutional was denied, United States v. Foster, 80 F. Supp. 479, and the case was set for trial on January 17, 1949. A verdict of guilty as to all the petitioners was returned by the jury on October 14, 1949. The Court of Appeals affirmed the convictions. 183 F. 2d 201. We granted certiorari, 340 U. S. 863, limited to the following two questions: (1) Whether either § 2 or § 3 of the Smith Act, inherently or as construed and applied in the instant case, violates the First'Amendment and other provisions of the Bill of Rights; (2) whether either § 2 or § 3 of the Act, inherently or as construed and applied in the instant case, violates the First and Fifth Amendments because of indefiniteness. Sections 2 and 3 of the Smith Act, 54 Stat. 671, 18 U. S. C. (1946 ed.) §§ 10, 11 (see present 18 U. S. C. § 2385), provide as follows: “Sec. 2. (a) It shall be unlawful for any person— “(1) to knowingly or willfully advocate, abet, advise, or teach the…
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