Preview

Dennis V. The Case: Dennis Vs. The United States

Satisfactory Essays
Open Document
Open Document
462 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Dennis V. The Case: Dennis Vs. The United States
William Rankin
CP Government
7th Period
24 September, 2014
Dennis VS. The United States The case Dennis VS. The United States is a case that has largely to do with First Amendment rights. In this case, one side argues that the American Government should not be allowed to infringe upon an individual’s rights and the other side argues that the government should be allowed the power to limit rights dealing with freedom of speech in order to ensure national security. The findings in this case allow for many of the security precautions which our government takes today. If a threat is proposed to the country the government should have the power to limit rights stated in the First Amendment. The Smith Act which was made in 1940, states that it is illegal to conspire to violently overthrow the government or to be part of a group which promotes such a cause. In 1948, Eugene Dennis and several members of the American Communist Party are arrested for violating the Smith Act by promoting violent ideas to overthrow the United States Government. Although no solid evidence existed that Dennis or the other members of the group had any plans of violence,
…show more content…
They argue that this act is unconstitutional and that Dennis should be considered innocent. It is also argued that there is no evidence of Dennis or his colleagues promoting a violent overthrow. The United States argues that with the best interest of the nation’s security in mind the government should be allowed to restrict individual rights regarding freedom of speech if the individual seems to be proposing a great threat to the nation. With the growing fear in the country at this time due to the Cold War, it was a deep concern that a violent takeover of the government could take place. Therefore, the teaching of communism within the United States clearly proposed a threat which would cause concern and

You May Also Find These Documents Helpful

  • Good Essays

    In the case of Smith v. United States, the plaintiff, John Angus Smith, was convicted of engaging in drug-trafficking, which would have granted him a five year sentence had he not “used” a firearm in regards to the incident. As stated in statute 924(c)(1), the use of firearm in relations to a drug-trafficking crime enhanced the sentence, and turned it into a 30-year sentence. The argument at hand is whether the term “use” was to be taken from a broad dictionary definition or in the ordinary meaning. The majority of the court argued that the term “use” should not be limited to the intended use of the firearm (as a weapon) as they exemplified cases of which the firearm was used as a bludgeon even though that was not it’s intended purpose, yet…

    • 409 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    -shotguns and rifles could be owned but only if weapons were registered, kept unloaded and dissembled or restricted trigger locks.…

    • 318 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    What is the difference between lawful trickery and unlawful coercion according to the 1990 Supreme Court decision in Illinois v. Perkins?…

    • 293 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Smith V. Sate Case Study

    • 800 Words
    • 4 Pages

    Answer: The hearsay rule prohibits statements made outside of court to be offered as proof, in admitting evidence. However there are exceptions to the hearsay rule, which includes statements made in 1) excitement utterance, this is defined as statements made while the declarant was under stress of excitement which caused it. 2) Present impression, statements made during or right after the declarant perceived it. 3) There are various records rules; such as public records which are marriage, death, and birth if reported to legal office, observations made while on public duty like how many times an officer has had disciplinary actions against him or her while on duty. Cases filed in courts prior…

    • 800 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Case Study: Marbury V. US

    • 368 Words
    • 2 Pages

    On the last of President Adams term he wanted to ensure Federalist took control of the Judiciary branch so he named forty-two justices of the piece and sixteen circuit court justices for Washington DC. Once the commissions were signed by the President Adams the Secretary of State had the commissions sealed however they were not delivered by the end of President Adams term. President Jefferson was the incoming president he chose not to honor the commissions due to them not being submitted in time.…

    • 368 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The practical application of the defence power in an age of terrorism is difficult to determine, as it is reliant upon a set of circumstances that can have a plethora of different interpretations from a range of variant perspectives. Unlike some other powers, the defence power is purposive and elastic; it waxes and wanes, and its application “depends upon the facts, and as those facts change so may its actual operation as a power”[1]. Recent developments, such as the Thomas case, have led some theorists to comment that “the elastic of the defence power has become stretched all out of proportion”[2]. In its present interpretation, the defence power is no longer simply fixed on an external aggressor. Instead, the enemy is disguised domestically. It no longer depends upon judicial notice, or requires an expression of proportionality “in a context where the fact of war or piece is important”[3]. However, the reasoning behind this breed of jurisprudence is hard to decipher. The balance between liberty and safety seems to be somewhat askew. In this essay, I will attempt to argue that the defence power is, at least in its present reincarnation, excessively aggressive and at odds with other constitutional guarantors to freedom of speech.…

    • 2092 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Antonin Scalia was an Associate Justice of the Supreme Court from September 1986, until February 2016, when he unfortunately passed away. Scalia was born in New Jersey but later moved to Queens in New York (Reilly, 2016). Scalia’s parents were both teachers, which may have been why he was valedictorian when graduating from St. Francis Xavier high school. After high school, he went to Georgetown University, where he also graduated at the top of his class, achieving the honor of valedictorian yet again (Reilly, 2016). Scalia got his bachelor’s degree in history, but wanted to further his education, so he went on to Harvard Law School, where he graduated again as valedictorian of his class in 1960 (Reilly, 2016). After graduating from Harvard Law, Scalia worked in a private practice for just a couple of years, only to discover he would rather be teaching as a law professor at a University, which is what he ended up doing.…

    • 629 Words
    • 3 Pages
    Good Essays
  • Good Essays

    cantwell v connecticut

    • 704 Words
    • 2 Pages

    One of the freedoms protected by law in the United States is the right to choose and speak about one’s religious beliefs. The first amendment of the U.S Constitution protects this freedom by preventing congress from passing any laws that prohibit, or ban, the “Free exercise” of religion. This portion of the first amendment is called the free exercise clause. This is a very important and beneficial right to everyone. This essay will illustrate how the Cantwell V. Connecticut case impacted American law.…

    • 704 Words
    • 2 Pages
    Good Essays
  • Good Essays

    People tried to get a law passed where all communists had to register to the state. This ended up never passing. “Loyalty Laws” were passed and required employees of the state to sign an oath so they could keep their jobs. This controversial decision really singled out teachers and professors across the state. The University of Nebraska-Lincoln had said that if any communism was found on campus, it would be ridden of.…

    • 1303 Words
    • 6 Pages
    Good Essays
  • Good Essays

    President Harry Truman and the United States' fear of communism was expressed through the Truman Doctrine. Expressed by the President was that wherever aggression threatened peace or freedom, America's security was involved, and it would be necessary to "...support free peoples who are resisting attempted subjugation by armed minorities or outside pressures...Every American Communist is potentially an espionage agent...requiring only the direct instruction of a Soviet superior to make the potentiality a reality...within the United States, Communist penetration should be exposed and eliminated..." America feared that the communists would be able to infiltrate the government system and violently uproot the United States "free" society. This was the beginning of the hysteria. Citizens across the nation were crazed with the notion that they would be invaded and their personal rights stripped from them. Truman's personal attack against the communists was his radical movement of executing Executive Order 9835. This "...authorized investigations into the beliefs and associations of all federal employees." Between the launching of his security…

    • 1696 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    United States V. Nixon

    • 1546 Words
    • 7 Pages

    On Sunday, June 18, 1972 the Washington Post reported that a group of people had been arrested for burglarizing at the Watergate Hotel and Office Complex in Washington, D.C. The violated office suite was occupied by the Democratic National Committee. The allegation was made that the burglars’ intention was to steal important files that were relevant to the upcoming election. It was then learned that a high ranking GOP security aide was one of those arrested, and on the payroll of Nixon’s reelection committee.…

    • 1546 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    1919-1920 Immigration

    • 1390 Words
    • 6 Pages

    This did not seem to be too much of a problem until the effects of letting certain groups, not all of which were anti-communist, began to show. In 1919, there were huge waves of strikes in the USA. There was a nationwide strike of steelworkers, many of who were unskilled and semi-skilled workers, recently emigrated from Southern and Eastern Europe. This only a small part of the “red scare” that swept the USA in 1919. The “red scare” was a sudden fear of communism that American citizens experienced in 1919 -1920. Red is the colour of communism, and in some areas of the US, the colour red actually became ferociously frowned upon during this time. This was soon portrayed as the work of the revolutionary immigrants. This scare understandably worried many Americans, fearing for their country after witnessing the force of the swarm of immigrants, who they thought could easily seize control, should they put their mind to it. So, they shrank back from the immigrants, recoiling from them, and denouncing them, degrading them, so they had neither the respectability nor status to make a political move. The Attorney-General Palmer established the…

    • 1390 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Us V. Morrison

    • 1141 Words
    • 5 Pages

    On May 15, 2000, the United States Supreme Court held that a portion of the federal Violence Against Women Act (VAWA) was an unconstitutional exercise of congressional power. The holding of this case and the unconstitutionality eventually resulted in the “freedom” of Antonio J. Morrison, who evaded charges under the act that would provide a victim, Christy Brzonkala, of gender-motivated violence a cause of action against the perpetrator for the recovery of compensatory and punitive damages. This case was properly decided --- the statute off of which Antonio Morrison was getting sued was unconstitutional on two counts: the first, the Commerce Clause, and the second, Section 5 of the Fourteenth Amendment, rejecting both as proper constitutional bases for the Violence Against Women Act. The Court considered separately the legislative findings regarding the economic effect of gender-based violence and the states’ failure to provide relief to victims. The falls under Congress’ power to regulate interstate commerce, and the second is related to Section 5 of the Fourteenth Amendment. The immorality of the majority decision proved too much for many Americans—but that is the law.…

    • 1141 Words
    • 5 Pages
    Better Essays
  • Better Essays

    The right to freedom of speech came under scrutiny in the case of John D. Ashcroft, Attorney General, et al. versus Free Speech Coalition, et al. in 2002. In this case, the U.S. Supreme Court affirmed the Ninth Circuit's judgment against the plaintiff’s broader definition of pornography in enacting the Child Pornography Prevention Act of 1996. This broader definition, the court finds it in contravention with the First Amendment. The Ninth Circuit reasoned that the definition of banning any depiction of pornographic materials, including films that Congress adds on the Child Pornography Prevention Act of 1996 was overboard and as such violated the First Amendment. Supreme Court Justice Anthony M. Kennedy wrote: "First Amendment freedoms are most in danger…

    • 1615 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Citizenship In Cold War

    • 1039 Words
    • 5 Pages

    The negative response from the public forced him to shut the program down for fear of its negative effects on his diplomatic efforts abroad. A second aspect of propaganda the American people were being led to believe was that their enemy was terrifying enough to justify nuclear war. Andrea Friedman discusses this in her book, Citizenship in Cold War America: The National Security State and the Possibility of Dissent. Friedman focuses on the anti-communist propaganda produced by the United States during the Cold War. Friedman argues this propaganda played a vital role in the defense of the home front, and thus, a vital role in civil defense. Specifically, the propaganda focused on the areas of race and employment. The United States attacked the communist ideology for taking away the right of a person to get a job, and the desire to create free nations in Africa and Asia, This threatened both the economic and social hierarchy the country was founded on. Many scholars agree this was the second purpose of civil defense. The question that remains is whether or…

    • 1039 Words
    • 5 Pages
    Good Essays