Noto v. United States

Noto v. United States
Argued October 10, 1960
Decided June 5, 1961
Full case nameNoto v. United States
Citations367 U.S. 290 (more)
81 S. Ct. 1517; 6 L. Ed. 2d 836
Holding
The trial evidence was insufficient to prove that the Communist Party advocated violent overthrow of the government not as an abstract doctrine, but by the use of language reasonably and ordinarily calculated to incite persons to action, immediately or in the future.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Felix Frankfurter
William O. Douglas · Tom C. Clark
John M. Harlan II · William J. Brennan Jr.
Charles E. Whittaker · Potter Stewart
Case opinion
MajorityHarlan, joined by unanimous
Laws applied
Smith Act, McCarran Act

Noto v. United States, 367 U.S. 290 (1961), was a 1961 United States Supreme Court case that reversed the felony conviction of a lower-echelon official of the Communist Party USA (CPUSA).