Topic summary
Whitney v. California

Whitney v. California, 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a clear and present danger to society. While the majority of the Supreme Court justices voted to uphold the conviction, the ruling has become an important free speech precedent due to a concurring opinion by Justice Louis Brandeis recommending new perspectives on criticism of the government by citizens. The ruling was explicitly overruled by Brandenburg v. Ohio in 1969.