Whitney (1927): Whereas the previous cases dealt with the Espionage Act, this case dealt with the Criminal Syndicalism Act, which forbade the knowing membership in any organization advocating the use of force or violence to effect political change. D, who did not deny being a member of the Communist Labor Party, was convicted of violating the Crim. Synd. Act, even though she did not agree with the CP’s advocacy of violent means of change, and she had in fact voted for a more temperate plank for the CP. Does the First Am. protect D’s right to belong in such a group?
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