"Yates v. United States"

Paper Summary:

The paper explains the background of the "Yates v. United States" landmark case and outlines the facts of the case and the Supreme Court ruling. The paper looks at the effects of the case and discusses how this ruling marked the end of the deplorable witch-hunt of the Communists and political dissenters in the post World War II era and also lead to the success of the Civil Rights Movement in the sixties as well as the consolidation of the right of free speech and free press.

Outline:
Background
Facts of the Case
The Supreme Court Ruling
Effect & Aftermath of the Yates Judgment
Conclusion

From the Paper:

"For more than a hundred years after the ratification of the 1st Amendment, the Supreme Court did not did not take up any case about free speech and free press. After World War I, however, the Court heard a number of cases arising from enforcement of wartime laws to limit freedom of expression that threatened national security. In Schenck v. United States (1919) for example the Court upheld the Espionage Act passed by the Congress in 1917 by ruling that in times of war the government may place reasonable limits on freedom of speech. In its judgment, the Court employed what came to be known as "clear and present danger" standard and allowed restrictions on freedom of speed when such danger existed."

Sample of Sources Used:

• "Adoption and Common Law Background." Find Law for Professionals: Freedom of Expression--Speech and Press. 2008. April 17, 2008. <http://caselaw.lp.findlaw.com/data/constitution/amendment01/06.html#1>
• "Black, J, Concurring in Part: Supreme Court of the United States--Yates v United States." Cornell University Law School. 1957. April 17, 2008. <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0354_0298_ZX.html>
• "Fighting words." Indiana University Newsroom. November 17, 2004. April 17, 2008. <http://newsinfo.iu.edu/news/page/normal/1725.html>
• "Opinion of the Court: Supreme Court of the United States--Yates v United States." Cornell University Law School. 1957. April 17, 2008. <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0354_0298_ZO.html>
• Smith, Michael Steven. "About the Smith Act Trials." Modern American Poetry. 1998. April 17, 2008. <http://www.english.uiuc.edu/maps/poets/g_l/jerome/smithact.htm>

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