Dennis v. United States (1951)

Facts:
In 1948, Eugene Dennis and ten other Communists were convicted for conspiracy to violate the Smith Act because they published pamphlets espousing Marxist-Leninist theories. The Circuit Court of Appeals affirmed the convictions.

Substantive Issues:
1. Does teaching about overthrow of organized government constitute advocacy of overthrow of organized government?
2. What test (doctrine) should be used to determine when a speech act poses a real threat to the national security?

USSC Ruling: Conviction affirmed 6-2

Reasoning:
CJ Vinson wrote for a plurality of 4:

• While teaching about revolution and advocating revolution are different, Dennis' acts went beyond mere teaching. The Smith Act is constitutional.
• The Court should adopt Judge Learned Hand's "gravity of the evil" test.

Justice Hugo Black and William O. Douglas dissented:

• There is no clear and present danger in Dennis' acts. "Safe" expressions do not need First Amendment protection.
• Stopping speech that advocates violence is no guarantee of preventing the violence.