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Whitney V. California, 274 U.S

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Whitney V. California, 274 U.S Whitney v. California, 274 U.S. 357 (1927) 47 S.Ct. 641, 71 L.Ed. 1095 Constitutional Law Exercise of police power; relationship to KeyCite Red Flag - Severe Negative Treatment governmental interest or public welfare Overruled in Part by Brandenburg v. Ohio, U.S.Ohio, June 9, 1969 Right of free speech is not absolute right 47 S.Ct. 641 to speech without responsibility, and under Supreme Court of the United States police power state may punish utterances WHITNEY inimical to public welfare. v. 127 Cases that cite this headnote PEOPLE OF STATE OF CALIFORNIA. No. 3. [4] Constitutional Law | Syndicalism Reargued March 18, 1926. Insurrection and Sedition | Nature and existence in general Decided May 16, 1927. Right of free speech is not denied Synopsis by California criminal syndicalism act. In Error to the District Court of Appeal, First Appellate California Criminal Syndicalism Act (See District, Division 1, of the State of California. Gen.Laws, Act 8428, West's Ann.Military & Vets.Code, 1632 et seq.); U.S.C.A.Const. Charlotte Anita Whitney was convicted of violating the Amend. 14. California Criminal Syndicalism Act, and to review a 73 Cases that cite this headnote judgment of the District Court of Appeal (57 Cal. App. 449, 207 P. 698), she brings error. On reargument, order (269 U. S. 530, 46 S. Ct. 22, 70 L. Ed. 396) dismissing writ [5] Constitutional Law of error vacated and set aside, and judgment affirmed. Right of Assembly Constitutional Law Freedom of Association West Headnotes (16) Right of assembly and association is not denied by California criminal syndicalism act. California Criminal Syndicalism Act (See [1] Statutes Gen.Laws, Act 8428, West's Ann.Pen.Code, §§ Presumptions and Construction as to 11400–11402). U.S.C.A.Const. Amend. 14. Validity Every presumption is indulged in favor of 13 Cases that cite this headnote validity of legislative act. [6] Constitutional Law 4 Cases that cite this headnote Criminal law California criminal syndicalism is not class [2] Constitutional Law legislation. California Criminal Syndicalism Burden of Proof Act (West's Ann.Pen.Code, §§ 11400–11402); Person claiming unconstitutionality of statute U.S.C.A.Const. Amend. 14. has burden of proving such contention. 2 Cases that cite this headnote 3 Cases that cite this headnote [7] Constitutional Law [3] Constitutional Law Gradual, incremental, or non- Absolute nature of right comprehensive approach © 2018 Thomson Reuters. No claim to original U.S. Government Works. 1 Whitney v. California, 274 U.S. 357 (1927) 47 S.Ct. 641, 71 L.Ed. 1095 Statute does not deny equal protection of Disorderly conduct and breach of the the laws merely because there may be other peace instances to which such legislation might have Insurrection and Sedition been applied. U.S.C.A.Const. Amend. 14. Offenses and prosecutions 8 Cases that cite this headnote California criminal syndicalism act held not so vague or uncertain as to deny due process. Criminal Syndicalism Act § 2, subd. [8] Constitutional Law 4. (See West's Ann.Pen.Code, § 11401); Statutes and other written regulations U.S.C.A.Const. Amend. 14. and rules Dividing line between rational and arbitrary 25 Cases that cite this headnote in legislation should not be drawn with view to remote possibilities. [13] Federal Courts Particular Cases, Contexts, and 23 Cases that cite this headnote Questions Alleged denial of due process held to involve [9] Constitutional Law only sufficiency of evidence, and hence not Police power; public safety and welfare reviewable. California Criminal Syndicalism Equal protection clause does not deny state Act; U.S.C.A.Const. Amend. 14. power to reasonable classification in adoption of police laws. U.S.C.A.Const. Amend. 14. 13 Cases that cite this headnote 25 Cases that cite this headnote [14] Federal Courts Review of state courts [10] Constitutional Law Supreme Court has no jurisdiction to Creation and classification of offenses review judgment of state court, unless California criminal syndicalism act does not record affirmatively shows federal question deny equal protection in not penalizing resort was presented and expressly or necessarily to unlawful methods in maintaining industrial decided. and political conditions. California Criminal Syndicalism Act; U.S.C.A.Const. Amend. 14. 9 Cases that cite this headnote 6 Cases that cite this headnote [15] Federal Courts Review of state courts [11] Constitutional Law Order of state court, entered after writ of error Statutes had been issued and returned to Supreme Constitutional Law Court held to sufficiently show federal Certainty and definiteness in general questions raised and decided. U.S.C.A.Const. Due process requires that penal statute be Amend. 14. sufficiently explicit to inform those subject to 7 Cases that cite this headnote it what conduct is prohibited U.S.C.A.Const. Amend. 14. [16] Federal Courts 7 Cases that cite this headnote Review of state courts That record contains question which, if raised [12] Constitutional Law below, would have been of federal nature, does not warrant review by Supreme Court. © 2018 Thomson Reuters. No claim to original U.S. Government Works. 2 Whitney v. California, 274 U.S. 357 (1927) 47 S.Ct. 641, 71 L.Ed. 1095 Cases that cite this headnote ‘Sec. 2. Any person who: * * * 4. Organizes or assists in organizing, or is or knowingly becomes a member of, any organization, society, group or assemblage of persons organized or assembled to advocate, teach or aid and abet Attorneys and Law Firms criminal syndicalism; * * * **642 *359 Messrs. Walter H. Pollak and Walter ‘Is guilty of a felony and punishable by imprisonment.’ Nelles, both of New York City, for plaintiff in error. Messrs. John H. Riordan and U. S. Webb, both of San The first count of the information, on which the Francisco, Cal., for the People of the State of California. conviction was had, charged that on or about November Opinion 28, 1919, in Alameda County, the defendant, in violation of the Criminal Syndicalism Act, ‘did then and **643 Mr. Justice SANFORD delivered the opinion of the there unlawfully, willfully, wrongfully, deliberately and Court. feloniously organize and assist in organizing, and was, is, and knowingly became a member of an organization, By a criminal information filed in the Superior Court of society, group and assemblage of persons organized and Alameda County, California, the plaintiff in error was assembled to advocate, teach, aid and abet criminal charged, in five counts, with violations of the Criminal syndicalism.’ Syndicalism Act of that State. Statutes 1919, c. 188, p. [1] It has long been settled that this Court acquires no 281. She was tried, convicted on the first count, and jurisdiction to review the judgment of a State court of last sentenced to imprisonment. The judgment was affirmed resort on a writ of error, unless it affirmatively appears on by the District Court of Appeal. People v. Whitney, 57 the face of the record that a Federal question constituting Cal. App. 449, 207 P. 698. Her petition to have the case an appropriate ground for such review was presented in heard by the Supreme Court 1 was denied. 57 Cal. App. and expressly or necessarily decided by such State court. 453, 207 P. 698. And the case was brought here on a writ Crowell v. Randell, 10 Pet. 368, 392, 9 L. Ed. 458; Railroad of error which was allowed by the Presiding Justice of the Co. v. Rock, 4 Wall. 177, 180, 18 L. Ed. 381; California Court of Appeal, the highest court of the State in which Powder Works v. Davis, 151 U. S. 389, 393, 14 S. Ct. 350, a decision could be had. Judicial Code, s 237 (Comp. St. 38 L. Ed. 206; Cincinnati, etc., Railway v. Slade, 216 U. S. s 1214). 78, 83, 30 S. Ct. 230, 54 L. Ed. 390; Hiawassee Power Co. v. Carolina-Tenn. Co., 252 U. S. 341, 343, 40 S. Ct. 330, On the first hearing in this Court, the writ of error was 64 L. Ed. 601; New York v. Kleinert, 268 U. S. 646, 650, dismissed for want of jurisdiction. 269 U. S. 530, 46 S. 45 S. Ct. 618, 69 L. Ed. 1135. Ct. 22, 70 L. Ed. 396. Thereafter, a petition for rehearing was granted, 269 U. S. 538, 46 S. Ct. 120, 70 L. Ed. 400; [2] Here the record does not show that the defendant raised and the case was again heard and reargued both as to the or that the State courts considered or decided any *361 jurisdiction and the merits. Federal question whatever, excepting as appears in an order made and entered by the Court of Appeal after it The pertinent provisions of the Criminal Syndicalism Act had decided the case and the writ of error had issued and are: been returned to this Court. A certified copy of that order, ‘Section 1. The term ‘criminal syndicalism’ as used brought here as an addition to the record, shows that it in this act is hereby defined as any doctrine or was made and entered pursuant to a stipulation of the precept advocating, teaching or aiding and abetting the parties, approved by the court, and that it contains the commission *360 of crime, sabotage (which word is following statement: hereby defined as meaning willful and malicious physical damage or injury to physical property), or unlawful acts of ‘The question whether the California force and violence or unlawful methods of terrorism as a Criminal Syndicalism Act * * * and means of accomplishing a change in industrial ownership its application in this case is repugnant or control, or effecting any political change. to the provisions of the Fourteenth © 2018 Thomson Reuters.
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