In 1948, leaders of the Communist Party of America were arrested for conspiring to overthrow the government. This is a violation of the Smith Act. However, they argued that being arrested for speaking out violated their First Amendment right to free speech. Was the First Amendment right to free speech violated when they were plotting 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 it covers the First Amendment due to the danger contained in the speech. The signatories, "Dennis", were arrested and convicted of attempting to overthrow the government. This included conspiring, plotting, and planning everything necessary to destroy the United States government. It also includes teaching and advocating the annihilation of the government by violent means. 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 post-World War II cases. In the case of Dennis v. United States also used the "clear and present danger" test used in Gitlow v. New York 1925. "Clear and present danger" refers to a test used by courts when a United States law restricts a citizen's free speech. If the law is deemed constitutional, it can be shown that a “clear and present danger” exists. ("Prentice Hall Documents Library")This test relies more than anything on a person's common sense and best judgment. It is up to the judges of the Court to decide what is considered dan...... middle of paper.... .. the government has a great sense of protection and security. Works Cited Dennis v. United States - Meaning, "clear and present danger", "we must not go beyond these powers", Dissenters cite previous censorship "Dennis v. United States". Casebriefs LLC, 2011. Web. October 21, 2011. “Dennis v. United States.” The Oyez Project at IIT Chicago-Kent College of Law, October 28, 2011. Web v. United States (1951). "Prentice Hall Documents Library. Np, nd Web. 20 October 2011. .