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Yates v. United States - Significance, Advocating Government Overthrow, Further Readings

petitioner court chief lawyer

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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