Whitney v. California was decided on May 16, 1927.

(http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=274&invol=357)

1. Facts

 Anita Whitney was charged in violation of the Criminal Syndicalism Act (CSA) of the state of California on five counts. The CSA states,” that any doctrine or precept advocating, teaching, or aiding  and abetting the commission of crime sabotage or unlawful acts of force and violence or unlawful methods of terrorism as a means of accomplishing a change in industrial ownership or control, or effecting any political change is in direct violation.”

 Whitney helped organize a California branch of the Communist Labor Party. This group came after her involvement with the Oakland branch of the Socialist Party. The Communist Labor Party was formed after a split difference toward a more radical thinking during the national convention of the Socialist Party. They stated their purpose was, “to create a unified revolutionary working class movement in America.”  They stated that they wanted to organize the workers as a class in a revolutionary class struggle to conquer the capitalist state, for the overthrow of capitalist rule, the conquest of political power and establishment of a working class government. Whitney saw involvement in this movement by being a member of the Credentials Committee and a member of the Resolutions Committee of the Communist Labor Party.

 The state of California therefore charged that the Communist Labor Party was focused on the violent overthrow of the government in their efforts. Whitney appealed the ruling of the Alameda County Court with her involvement in the movement. She tried to have the case appealed to the Supreme Court but her petition was denied. The case was brought to the Supreme Court finally after a writ of error (due to jurisdiction, the Judge asked to have them review the case).

 2. Issues

 Whitney argued the vague outline of the state law in violation of the Fourteenth Amendment that covers her federal right established in the Constitution. The Fourteenth Amendment says that, “no state shall deprive any person of life, liberty, or property, without due process” (idea that laws must be fair).  She argued that she had no intentions of criminal acts with the organization.

 The court was trying to determine whether a state law restricting free speech is valid to exercise for enforcement to their jurisdiction. The court also was determining where it fits in with legislation with the state as this law applies to everyone, and direct proof of violence must be sought. A major issue of the case was having evidence to link and determine any criminal intentions of actions by the group, rather than seeing them as a threat to take down by what their mission statement might have inferred.

 3 Decisions

 Whitney was tried and convicted on the first count to imprisonment. The Supreme Court decided that it cannot disturb the judgment of the state due to a testimony that intended to establish conspiracy on the part of the members of the International Workers of the World, to commit serious crimes that Whitney was a member of. The verdict stands from the previous court.

 4. Analysis 

I believe the court came to this verdict because they were unable to find hard evidence against what the local court decided on with violation of the extent of the organizations criminal intentions. It would be one thing if proper testimony was given that reflected a non-criminal view but, even regard to the freedom of speech, their statements to me seemed very aggressive as well as to the courts thoughts. Though her intentions may have been good, the organization’s overall direction seemed dictatorial. No real hard evidence was presented after the appeal to overturn the initial verdict. The only defense was the violation of states right to federal rights. The freedom of speech applies to all states and is restricted to what is really intended.

 5. Questions

1. How do you feel about the state trying to take control over our federal rights?

2. Would you favor with the state or Whitney in saying measuring her intnetions?

3. Did you think Whitney’s rights were given?

4. Did yousee any intent in the case reading that Whitney confessed to her actions in admitting criminal intent?