Communists and the First Amendment: The Shaping of Freedom of Advocacy in the Cold War Era

This Article examines in chronological sequence, the evolution of first amendment law in tandem with the experience of the Communist Party of the United States. It begins with the case of Dennis v. United States, decided in 1951, which upheld the conviction of eleven leaders of the Communist Party of the United States for conspiring to advocate the forcible overthrow of the U.S. government. The author examines the present significance of this decision with respect to freedom of association and speech. Between the years of 1949 and 1967, the story of American Communists parallels the evolution of the law of freedom of speech in this country.

The author explores this relationship, and concludes with an analysis of how this case law affects our freedom of speech and association today.