Dennis v. United States (1951)

Dennis v. United States (1951)

Facts

Dennis was indicted for violating the Smith Act in July 1948. The charges stemmed from involvement as a Communist Party that taught and advocated for the overthrowing of the United States government by unlawful means.

Issue

Does congress have the power/means to prohibit acts intended to overthrow government by force and/or violence?

Holding

Yes

Rationale

Although government has ample means to protect itself from revolutionaries due to the number of the revolutionaries are low, and the government’s means of protection are high this does not mean that government should not stop revolutions from happening due to the unwanted physical and political damages that would occur in a revolution.

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