Yates v. United States

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Yates v. United States
Supreme Court of the United States
Argued October 8–9, 1956 Decided June 17, 1957
Full case name	Yates, et al. v. United States
Citations	354 U.S. 298 (more) 77 S. Ct. 1064; 1 L. Ed. 2d 1356; 1957 U.S. LEXIS 657
Case history
Prior	225 F.2d 146 (9th Cir. 1955); cert. granted, 350 U.S. 860 (1955).
Holding
To violate the Smith Act, one must encourage others to take some action, not simply hold or assert beliefs.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter William O. Douglas · Harold H. Burton Tom C. Clark · John M. Harlan II William J. Brennan Jr. · Charles E. Whittaker
Case opinions
Majority	Harlan, joined by Warren, Frankfurter; Black, Douglas (Part I, and partially as to Parts II and III); Burton (all but Part I)
Concurrence	Burton (in part and in the judgment)
Concur/dissent	Black, joined by Douglas
Dissent	Clark
Brennan, Whittaker took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. I, Smith Act

Yates v. United States, 354 U.S. 298 (1957), was a case decided by the Supreme Court of the United States^[1] that held that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger".