WHITNEY V. CALIFORNIA
274 U.S. 357 (1927)
NATURE OF THE CASE: This is an appeal from a conviction for a violation of the Criminal
Syndicalism Act.
FACTS: In 1919, Whitney (D) helped form the Communist Labor Party of California. This
group adopted an extreme program of action to advocate, teach, and aid criminal syndicalism.
This program was adopted over D's protests. D, after taking out a temporary membership in
the Communist Labor Party, attended its convention as a delegate and took an active part in
its proceedings. She was elected a member of the Credentials Committee, and, as its
chairman, made a report to the convention upon which the delegates were seated. She later
attended one or two meetings of the State Executive Committee in San Jose and San Francisco,
and stated that she was then a member of the Communist Labor Party. She also testified that
it was not her intention that the Communist Labor Party of California should be an
instrument of terrorism or violence, and that it was not her purpose or that of the
Convention to violate any known law. D was convicted for violation of the California
Criminal Syndicalism Act because she organized a group that advocated unlawful acts of
violence to get political change. D appealed, claiming that it was not her intent for the
party to become a terrorist organization, and that her mere presence at the convention was
not a crime. D claimed that the Act deprived her of liberty without due process, freedom of
speech, assembly and association.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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