Whitney v. California (1927)

Facts:
Anita Whitney, well-educated, a niece of former USSC justice Stephen J. Field, and near 60 years old, was convicted of violating California's Criminal Syndicalism Act for her involvement in the Communist Labor Party. The party had approved a platform which favored replacing the U.S. government through "revolutionary class struggle" rather than through elections. Ms. Whitney voted against this part of the platform, but she remained a member of the party.

Substantive Issue:
Can state laws prohibit membership in a group that advocates and teaches ideas about overthrow of the U.S. government?

USSC Ruling: Conviction affirmed 9-0

Reasoning:
For the majority, Justice Sanford noted that although Ms. Whitney herself was not active in teaching violent overthrow, she voluntarily "combined with others in an association" who engaged in a criminal conspiracy to overthrow the government.

Concurring, Justice Brandies (joined by Holmes) argued that Whitney should have claimed that her actions failed to constitute a clear and present danger. Had she done so, he and Holmes would have dissented. This suggests the appellant has the burden to advance the appropriate theory.