Yates v. United States (1957)

Facts:
Oleta Yates and 13 other members of the Communist Party USA (CPUSA) were convicted of violating the Smith Act by teaching the necessity of the forcible overthrow of the government.

Substantive Issue:
Did the trial judge accurately apply the Dennis reasoning that establishes a difference between advocacy of abstract ideas and advocacy of direct action?

USSC Ruling: Reversed 6-1

Reasoning:
Justice Harlan for the majority:

• The trial judge erred in his instructions to the jury by not distinguishing between the different types of advocacy.

Concurring in part and dissenting in part:
Justices Black and Douglas argued that the Smith Act should be declared unconstitutional.

Dissenting, Justice Tom C. Clark:

• We affirmed the convictions in Dennis and we should do so again in this case.