Yates v. United States
Case Date: 05/04/2025
Court: United States Court of Appeals
|
The following WikiProjects or Portals may be able to help recruit one:
• WikiProject U.S. Supreme Court cases • WikiProject Law· Law Portal
If another appropriate WikiProject or portal exists, please adjust this template accordingly. (October 2008)
Yates v. United States
Supreme Court of the United States
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
Prior history
Certiorari to the United States Court of Appeals for the Ninth Circuit
Holding
The Court held that for the Smith Act to be violated, people must be encouraged to do something, rather than merely to believe in something. The Court drew a distinction between a statement of an idea and the advocacy that a certain action be taken. Ninth Circuit Court of Appeals reversed and remanded.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Felix Frankfurter
William O. Douglas · Harold H. Burton
Tom C. Clark · John M. Harlan II
William J. Brennan, Jr. · Charles E. Whittaker
Case opinions
Majority
Harlan, joined by Warren, Frankfurter
Concurrence
Burton
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
Yates v. United States, 354 U.S. 298 (1957), was a case decided by the Supreme Court of the United States involving free speech and congressional power. It ruled that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger."
|