Page "Dennis v. United States" Paragraph 26

These petitioners were not charged with an attempt to overthrow the Government.

They were not charged with overt acts of any kind designed to overthrow the Government.

They were not even charged with saying anything or writing anything designed to overthrow the Government.

The charge was that they agreed to assemble and to talk and publish certain ideas at a later date: The indictment is that they conspired to organize the Communist Party and to use speech or newspapers and other publications in the future to teach and advocate the forcible overthrow of the Government.

No matter how it is worded, this is a virulent form of prior censorship of speech and press, which I believe the First Amendment forbids.

I would hold 3 of the Smith Act authorizing this prior restraint unconstitutional on its face and as applied ....