Yates v. United States
Significance, Advocating Government Overthrow, Further Readings
Petitioner
Oleta O'Connor Yates
Respondent
United States
Petitioner's Claim
That advocacy of future overthrow of the government is protected by the First Amendment guarantee of free speech.
Chief Lawyer for Petitioner
Ben Margolis
Chief Lawyer for Respondent
Philip R. Monahan
Justices for the Court
Harold Burton, Tom C. Clark, Felix Frankfurter, John Marshall Harlan II (writing for the Court), Earl Warren
Justices Dissenting
Hugo Lafayette Black, William O. Douglas, (William J. Brennan, Jr., and Charles Evans Whittaker did not participate)
Place
Washington, D.C.
Date of Decision
17 June 1957
Decision
The Supreme Court struck down the convictions of five of the appellants and referred the cases of the other nine (all were Communist Party leaders) back to the lower courts for retrial.
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- Yates v. United States - Significance
- Yates v. United States - Further Readings
- Yates v. United States - Advocating Government Overthrow
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