Yates v. United States

Citation: 354 U.S. 298 (1957) Concepts: Communist Party/Free Speech v. Congressional Power

Facts

In 1951, fourteen persons were charged with violating the Smith Act for being members of the Communist Party in California. The Smith Act made it unlawful to advocate or organize the destruction or overthrow of any government in the United States by force. Yates claimed that his party was engaged in passive actions and that any violation of the Smith Act must involve active attempts to overthrow the government.

Issue

Whether Yates’ First Amendment right to freedom of speech protected his advocating the forceful overthrow of the government.

Opinion

The Supreme Court of the United States said 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. The Court ruled that the Smith Act did not prohibit “advocacy of forcible overthrow of the government as an abstract doctrine.” The convictions of the indicted members were reversed.