Whitney v. California 1927

Could California punish membership in an organization that advocated violent change?

274 U.S. 357 (1927)Speech and pressOverruled in 1969
The question
Could California punish membership in an organization that advocated violent change?
What the Court held
Yes. Justice Brandeis, concurring, wrote that the remedy for feared speech is “more speech, not enforced silence.”
The vote
9–0
Later overruled by
Brandenburg v. Ohio (1969), 42 years later.

This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.

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