Yates v. United States
| Yates v. United States | |
|---|---|
| Argued October 8–9, 1956 Decided June 17, 1957 | |
| Full case name | Yates, et al. v. United States |
| Citations | 354 U.S. 298 (more) 77 S. Ct. 1064; 1 L. Ed. 2d 1356; 1957 U.S. LEXIS 657 |
| Case history | |
| Prior | 225 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 | |
| |
| Case opinions | |
| Majority | Harlan, joined by Warren, Frankfurter; Black, Douglas (Part I, and partially as to Parts II and III); Burton (all but Part I) |
| Concurrence | Burton (in part and in the judgment) |
| Concur/dissent | Black, joined by Douglas |
| Dissent | Clark |
| 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 that held that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger".