In 1948, leaders of the American Communist Party were arrested for conspiring to overthrow the government. This is a violation of the Smith Act. However, they argued that being arrested for speaking about something violated their First Amendment right to free speech. Was the First Amendment right to free speech violated as they plotted to overthrow the government by any means necessary? ("Project Oyez") The act of conspiring or teaching to overthrow the government by violence is a crime under the Smith Act, therefore covers the First Amendment due to the danger the speech contains. The petitioners, "Dennis", were arrested and convicted of attempting to overthrow the government. This included conspiring, plotting, and planning whatever was necessary to destroy the United States government. It also involves teaching and advocating the annihilation of the government by violent means. All of this is illegal under the Smith Act of 1940. ("Casebriefs") The Smith Act was passed in 1940 to prohibit advocacy to destroy or overthrow the government. Created to destroy communism, the Smith Act was used in several cases after World War II. The “clear and present danger” test used in Gitlow v. New York of 1925 was also used in the case of Dennis v. UNITED STATES. "Clear and present danger" refers to a test that courts use when a U.S. law limits a citizen's free speech. If the law is deemed constitutional, it can be proven that there is a “clear and present danger.” ("Prentice Hall Document Library") This test comes down primarily to common sense and a person's best judgment. It is up to the judges of the Court to decide what is considered middle of paper.... ..the government has a major sense of protection and security. Casebriefs. Casebriefs LLC, 2011. Web. October 21, 2011. “Dennis v. United States.” The Oyez Project at IIT Chicago-Kent College of Law, October 28, 2011. "Dennis. v. United States (1951)." Prentice Hall Document Library. Np, nd Web. October 20 2011. .