Summary
The state of Indiana, for the 1972 election, required nominees to submit a sworn oath stating that their party "does not advocate the overthrow of local, state or national government by force or violence." The Communist Party of Indiana refused to submit such a declaration, and as a result Indiana refused to put their candidates on the ballot. The Communist Party appealed to the Supreme Court.
Indiana is a U.S. state located in the Midwestern and Great Lakes regions of North America. Indiana is the 38th largest by area and the 17th most populous of the 50 United States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th U.S. state on December 11, 1816. Indiana borders Lake Michigan to the northwest, Michigan to the north, Ohio to the east, Kentucky to the south and southeast, and Illinois to the west.
In a unanimous verdict, the Supreme Court held in favor of the Communist Party. The majority opinion, authored by Justice William J. Brennan, Jr. and joined by four other Justices, stated that "a group advocating violent overthrow as abstract doctrine need not be regarded as necessarily advocating unlawful action." The court also held that "the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to produce such action."
Justice Lewis F. Powell, Jr. wrote a short opinion concurring in the judgment, joined by three other Justices. In his view, there is no need to decide the free speech question. Instead, he concluded that as the Indiana officials did not apply the loyalty oath requirement to the Democratic Party and the Republican Party, their discriminatory application of the requirement to the Communist Party violated the Equal Protection Clause of the Fourteenth Amendment.
The Democratic Party is one of the two major contemporary political parties in the United States, along with the Republican Party. Tracing its heritage back to Thomas Jefferson and James Madison's Democratic-Republican Party, the modern-day Democratic Party was founded around 1828 by supporters of Andrew Jackson, making it the world's oldest active political party.
The Republican Party, also referred to as the GOP, is one of the two major political parties in the United States; the other is its historic rival, the Democratic Party.
The Equal Protection Clause is a clause within the text of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws".
Schenck v. United States, 249 U.S. 47 (1919), was a landmark United States Supreme Court case concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes Jr., concluded that defendants who distributed fliers to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not alter the well-established law in cases where the attempt was made through expressions that would be protected in other circumstances. In this opinion, Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a "clear and present danger" of succeeding, could be punished.
Dennis v. United States, 341 U.S. 494 (1951), was a United States Supreme Court case relating to Eugene Dennis, General Secretary of the Communist Party USA. The Court ruled that Dennis did not have the right under the First Amendment to the United States Constitution to exercise free speech, publication and assembly, if the exercise involved the creation of a plot to overthrow the government.
Brandenburg v. Ohio, 395 U.S. 444 (1969), was a landmark United States Supreme Court case interpreting the First Amendment to the U.S. Constitution. The Court held that government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Specifically, the Court struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, Whitney v. California (1927) was explicitly overruled, and doubt was cast on Schenck v. United States (1919), Abrams v. United States (1919), Gitlow v. New York (1925), and Dennis v. United States (1951).
Whitney v. California, 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a threat to society.
Gitlow v. New York, 268 U.S. 652 (1925), was a decision by the Supreme Court of the United States holding that the Fourteenth Amendment to the United States Constitution had extended the reach of certain limitations on federal government authority set forth in the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states. It was one of a series of Supreme Court cases that defined the scope of the First Amendment's protection of free speech and established the standard to which a state or the federal government would be held when it criminalized speech or writing.
Buckley v. Valeo, 424 U.S. 1 (1976), is a U.S. constitutional law Supreme Court case on campaign finance. A majority of judges held that limits on election spending in the Federal Election Campaign Act of 1971 §608 are unconstitutional. In a per curiam opinion, they ruled that expenditure limits contravene the First Amendment provision on freedom of speech because a restriction on spending for political communication necessarily reduces the quantity of expression. It limited disclosure provisions and limited the Federal Election Commission's power. Justice Byron White dissented in part and wrote that Congress had legitimately recognized unlimited election spending "as a mortal danger against which effective preventive and curative steps must be taken".
Speiser v. Randall, 357 U.S. 513 (1958), was a U.S. Supreme Court case addressing the State of California's refusal to grant to ACLU lawyer Lawrence Speiser, a veteran of World War II, a tax exemption because that person refused to sign a loyalty oath as required by a California law enacted in 1954. The court reversed a lower court ruling that the loyalty oath provision did not violate the appellants' First Amendment rights.
A loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member. In the United States, such an oath has often indicated that the affiant has not been a member of a particular organization or organizations mentioned in the oath.
"Imminent lawless action" is a standard currently used that was established by the United States Supreme Court in Brandenburg v. Ohio (1969), for defining the limits of freedom of speech. Brandenburg clarified what constituted a "clear and present danger", the standard established by Schenck v. United States (1919), and overruled Whitney v. California (1927), which had held that speech that merely advocated violence could be made illegal. Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. While the precise meaning of "imminent" may be ambiguous in some cases, the court provided later clarification in Hess v. Indiana (1973) in which the court found that Hess's words did not fall outside the limits of protected speech, in part, because his speech "amounted to nothing more than advocacy of illegal action at some indefinite future time," and therefore did not meet the imminence requirement.
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."
Stromberg v. California, 283 U.S. 359 (1931), was a United States Supreme Court case in which the Court ruled 7–2 that a 1919 California statute banning red flags was unconstitutional because it violated the First and Fourteenth Amendments to the United States Constitution. This decision is considered a landmark in the history of First Amendment constitutional law, as it was one of the first cases where the Court extended the Fourteenth Amendment to include a protection of the substance of the First Amendment, in this case symbolic speech or "expressive conduct", from state infringement.
De Jonge v. Oregon, 299 U.S. 353 (1937), was a case in which the Supreme Court of the United States held that the Fourteenth Amendment's due process clause applies to freedom of assembly. The Court found that Dirk De Jonge had the right to speak at a peaceful public meeting held by the Communist Party, even though the party generally advocated industrial or political change in revolution. However, in the 1950s with the fear of communism on the rise, the Court ruled in Dennis v. United States (1951) that Eugene Dennis, who was the leader of the Communist Party, violated the Smith Act by advocating the forcible overthrow of the United States government.
Barenblatt v. United States, 360 U.S. 109 (1959), was a case in which the Supreme Court of the United States ruled that the actions of the House Un-American Activities Committee did not violate the First Amendment and, thus, the Court upheld Barenblatt's conviction for contempt of Congress. The Court held that the congressional committee had authority to compel a college professor to answer questions about his Communist Party membership.
Wieman v. Updegraff, 344 U.S. 183 (1952), is a unanimous ruling by the United States Supreme Court which held that Oklahoma loyalty oath legislation violated the due process clause of the Fourteenth Amendment to the United States Constitution because it did not give individuals the opportunity to abjure membership in subversive organizations. Due process requires that individuals have scienter, and the Oklahoma statute did not accommodate this requirement.
Garner v. Board of Public Works, 341 U.S. 716 (1951), is a ruling by the United States Supreme Court which held that a municipal loyalty oath which required an oath and affidavit about one's beliefs and actions for the previous five years and which was enacted more than five years previous is not an ex post facto law nor a bill of attainder.
American Communications Association v. Douds, 339 U.S. 382 (1950), is a 5-to-1 ruling by the United States Supreme Court which held that the Taft–Hartley Act's imposition of an anti-communist oath on labor union leaders does not violate the First Amendment to the United States Constitution, is not an ex post facto law or bill of attainder in violation of Article One, Section 10 of the United States Constitution, and is not a "test oath" in violation of Article Six of the Constitution.
The Smith Act trials of Communist Party leaders in New York City from 1949 to 1958 were the result of US federal government prosecutions in the postwar period and during the Cold War between the Soviet Union and the United States. Leaders of the Communist Party of the United States (CPUSA) were accused of violating the Smith Act, a statute that prohibited advocating violent overthrow of the government. The defendants argued that they advocated a peaceful transition to socialism, and that the First Amendment's guarantee of freedom of speech and of association protected their membership in a political party. Appeals from these trials reached the US Supreme Court, which ruled on issues in Dennis v. United States (1951) and Yates v. United States (1957).
Scales v. United States, 367 U.S. 203 (1961), was a 1960 decision of the United States Supreme Court that upheld the conviction of Junius Scales for violating of the Smith Act on the basis on his membership in the Communist Party of the United States (CPUSA).
Hess v. Indiana, 414 U.S. 105 (1973), was a United States Supreme Court case involving the First Amendment which reaffirmed and clarified the imminent lawless action test first articulated in Brandenburg v. Ohio. "Hess continues to be cited by the courts to protect speech that threatens future lawless action."
Colorado Republican Federal Campaign Committee v. FEC, 518 U.S. 604 (1996), was a case heard by the Supreme Court of the United States in which the Colorado Republican Party challenged the Federal Election Commission (FEC) as to whether the "Party Expenditure Provision" of the Federal Election Campaign Act of 1971 (FECA) violated the First Amendment right to free speech. This provision put a limit on the amount of money a national party could spend on a congressional candidate's campaign. The FEC argued that the Committee violated this provision when purchasing a radio advertisement that attacked the likely candidate of the Colorado Democratic Party. The court held that since the expenditures by the Committee were made independently from a specific candidate, they did not violate the campaign contribution limitations established by the FECA, and were protected under the First Amendment.
