Dennis vs. United States

Dennis vs. United States

Bibliography

"Dennis v. U.S EText - Primary Source - ENotes.com." Enotes.com. Enotes.com, n.d. Web. 13 Jan. 2016. <http://www.enotes.com/topics/dennis-v-u-s>

"Dennis v. United States." LII / Legal Information Institute. Legal Information Institute, n.d. Web. 13 Jan. 2016. <https://www.law.cornell.edu/supremecourt/text/341/494>.

"Dennis v. United States." Casebriefs Dennis v United States Comments. Case Briefs, n.d. Web. 13 Jan. 2016. <http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-stone/freedom-of-expression/dennis-v-united-states-2/>

Wikipedia. "Dennis v. United States." Wikipedia. Wikimedia Foundation, n.d. Web. 13 Jan. 2016. <https://en.wikipedia.org/wiki/Felix_Frankfurter>.

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The Importance of this Case

The importance of this case is that it showed that no matter what, the Constitution will always be upheld and that it does not matter if an Amendment and an Act such as the First Amendment and the Smith Act collide. They will still be the same consequence.

In the end Dennis and the others were sentenced to pay a $10,000 fine each and sent to prison.

Concurrent Opinions

They were from Felix Frankfurter and Robert H. Jackson. Robert H. Jackson thought that they were breaking laws but they were just peacefully gathering.

Majority Decision

When the Supreme Court voted on whether or not the defendant will be innocent or guilty was 7-2. Seven voted guilty. This was decided on June 4, 1951. The majority judge were, Chief Justice of the United States Fred M. Vinson, Stanley Forman Reed, Sherman Minton, Harold H. Burton, Hugo Black, Abe Fortas, and William O. Douglas.

Majority Opinion

The majority opinion was written by Justice Abe Fortas. It argued that Dennis and his companions would be charged for going against the Smith Act and violating the First Amendment.

Argument of the Defendants

Lower Court Verdict

The Defendants in this case were Dennis and the other leaders of the Communist Party of America. They said that their First Amendment rights were being taken away. That they had every right to do what they were doing. The First Amendment states that you are allowed to have Free Speech and Peacefully Assembly.

The lower court verdict that heard the case before the Supreme court was the Foley Square Federal Courthouse in New York City. The Judge who was there was former Columbia University Professor, Judge Harold Medina who was only a judge for 18 months when this case started.

Relief sought

More facts

Even though there was no real evidence found against Dennis and his colleagues the case still went to the Supreme Court. The communist party was taken to court and they were found guilty. Eugene Dennis and ten other members were sentenced to five years in prison and $10,000 fine.

The Plaintiff wants to convict the CPUSA leaders for willingly and knowling plotting to overthrow the American Government with force and violence. The Plaintiff also wants to put Eugene Dennis and the other 10 CPUSA party leaders in prison and fine them each for $10,000. Then after the conviction, Plaintiff wants to go after the rest of the members of the CPUSA.

Their other arguments were that the CPUSA was a conventional party, that they were only trying to promote Socialism. And that they were only trying to propose a set of social and economical views. They also tried arguing that the Smith Act was interfering with their First Amendment rights and that they could not be convicted of anything because the Smith Act and the First Amendment could not both be relevant in the same court case.

The case

Arguments of the Plaintiff

My case was about a communist party that had plans to over throw the American Goverment using violence and force.

Facts about the case

The Plaintiffs first argument was that Dennis and companions were breaking the Smith Act by willingly and knowingly plotting to overthrow the United States Government by force and violence. The Plaintiffs second argument was that they were breaking the First Amendment by abusing Freedom of Speech by saying that they were going to overthrow the American Government by force and violence. The third argument was that The smith Act did not violate Dennis's first amendment right to Free Speech.

This case entered the Supreme Court in 1950. The reason behind the case is when Eugene Dennis and other petitioners were convicted of willfully and knowingly trying to overthrow the United States Government by force. They were also convicted of teaching those acts to others. The conviction was challenged because it was unconstitutional. It is stated in the Smith Act of 1940, that it is a criminal offense to willingly and knowingly try to overthrow the United States Government.