Constitutional Law Keyed to Stone
Whitney v. California
Facts
The Act prohibited any person to knowingly become a member of any organization that advocates the commission of unlawful acts as a means of accomplishing a change in industrial ownership or effecting a political change. The Defendant was a member of the Oakland branch of the Socialist Party, which later formed the Communist Labor Party (“CLP”). The CLP adopted a Left Wing Manifesto similar to that at issue in Gitlow. Shortly thereafter, the Defendant attended a conference in Oakland for the purpose of organizing a California branch of the CLA. As a result, the Appellant was charged under the Act.
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