Jamail Center for Legal Research Tarlton Law Library The University of Texas School of Law

Communism - Yates v. United States, 1957

Selected Case Files Docket Sheet Bench Memorandum - 1956 Term Bench Memorandum - 1957 Term Draft opinion of Justice Harlan Justice Clark's draft dissent First circulated draft of Justice Clark's dissent Letter from Justice Frankfurter to Court regarding postponement of decision Justice Clark's first draft majority opinion after re-argument Memorandum with summary of cases involving multiple contempts

In 1921, Congress passed the Smith Act, which prohibited the advocacy of overthrowing the U.S. government. In 1951, 14 members of the Communist party in California were convicted under the act. On appeal, the Supreme Court reversed their convictions in what is considered an important expansion of the First Amendment protection of free speech. In Yates, the Court held that the mere advocacy of the overthrow of the government was insufficient for a conviction under the Smith Act, and that more "concrete action" would be necessary before a person could be convicted.

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