## Facts

- Eugene Dennis and ten other leaders of the Communist Party USA were prosecuted under the federal Smith Act.
- The indictment charged conspiracies to (1) organize a group as the Communist Party to teach and advocate overthrow of the U.S. government by force and violence and (2) knowingly and willfully advocate and teach the duty and necessity of such overthrow.
- After a lengthy jury trial in federal court in New York before Judge Harold Medina, the defendants were convicted.
- The Second Circuit affirmed the convictions.
- The Supreme Court granted certiorari limited to whether the Smith Act provisions, as construed and applied, violated the First Amendment and whether they were unconstitutionally indefinite under the First and Fifth Amendments.

## Issues

1. Whether the Smith Act’s prohibitions on advocating, organizing, or conspiring to advocate the violent overthrow of the U.S. government violate the First Amendment’s protections for speech and association as applied to these defendants.
2. Whether the relevant Smith Act provisions are unconstitutionally vague or indefinite in violation of the First and Fifth Amendments.

## Decision

- The Supreme Court affirmed the convictions by a 6–2 vote.
- A plurality concluded that, as construed and applied, the Smith Act provisions at issue did not violate the First Amendment or other Bill of Rights protections.
- The Court also rejected the claim that the provisions were unconstitutionally indefinite as construed and applied.
- The plurality applied a reformulated clear-and-present-danger analysis, weighing the gravity of the threatened harm against the probability of its occurrence, and concluded the government need not wait until violent action is imminent.
- The plurality distinguished abstract discussion of revolutionary theory from intentional advocacy and organization directed toward forcible overthrow, emphasizing evidence of a disciplined, organized conspiracy.
- Separate concurrences emphasized deference to Congress on national security judgments and the distinctive risks posed by organized revolutionary movements.
- Dissents argued the convictions punished political ideas and association without a sufficiently immediate danger, conflicting with robust First Amendment protection.

## Legal Principles

- Speech may be restricted where the gravity of a threatened substantive evil, discounted by its improbability, justifies the limitation necessary to reduce the danger.
- The government is not required to wait until an unlawful plan is on the verge of execution before acting against a conspiracy aimed at violent overthrow.
- Statutes regulating subversive advocacy may be construed to target intentional advocacy and organizational activity toward forcible overthrow, rather than mere abstract teaching or academic discussion.
- Vagueness challenges may fail where statutory terms are given a limiting construction and applied to conduct found to involve knowing and willful advocacy and organization for violent overthrow.

## Conclusion

The Court upheld the defendants’ Smith Act conspiracy convictions, concluding that intentional advocacy and organization for violent overthrow could be punished consistently with the First Amendment under a balancing version of clear-and-present-danger analysis and that the statute, as construed and applied, was not unconstitutionally indefinite.


Dennis v. United States, 341 U.S. 494 (1951)