Yates v. United States

Yates v. United States
Argued October 8–9, 1956
Decided June 17, 1957
Full case nameYates, et al. v. United States
Citations354 U.S. 298 (more)
77 S. Ct. 1064; 1 L. Ed. 2d 1356; 1957 U.S. LEXIS 657
Case history
Prior225 F.2d 146 (9th Cir. 1955); cert. granted, 350 U.S. 860 (1955).
Holding
To violate the Smith Act, one must encourage others to take some action, not simply hold or assert beliefs.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Felix Frankfurter
William O. Douglas · Harold H. Burton
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Charles E. Whittaker
Case opinions
MajorityHarlan, joined by Warren, Frankfurter; Black, Douglas (Part I, and partially as to Parts II and III); Burton (all but Part I)
ConcurrenceBurton (in part and in the judgment)
Concur/dissentBlack, joined by Douglas
DissentClark
Brennan, Whittaker took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. I, Smith Act

Yates v. United States, 354 U.S. 298 (1957), was a case decided by the Supreme Court of the United States[1] that held that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger".

  1. ^ Yates v. United States, 354 U.S. 298 (1957).