Dennis v. United States
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2 terms
Terms | Definitions |
|---|---|
 Issue | May Congress prohibit advocating, advising, teaching, printing, or distributing documents that advocated violent overthrow of government, becoming a member of such a group, or conspiring to do any of the above? In light of the liberty provision of the due process clause of the 5th Amendment are Sections 2 & 3 unconstitutional due to vagueness? YES... NO |
| Opinion | ...the issue is, if the means selected by the Smith Act were unconstitutional. -Applied the 'clear and present danger test' from Schenck and Gitlow. -- said that government cannot wait till a revolution is imminent; it must act if its aware of the possibility of overthrow, no matter how remote that possibility. -- its now talking about how serious the threat is and not just how imminent it is. |
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