Dennis v. United States
|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?
|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.