Pennsylvania v. Nelson

Date: April 2, 1956

Citation: 350 U.S. 497

Issues: Freedom of association; subversion

Significance: The Supreme Court began to move away from blanket approval of anticommunist legislation

Chief Justice Earl Warren wrote the opinion for the 6-3 majority, upholding the Pennsylvania supreme court in overturning the conviction of Communist Party leader Steve Nelson on a state antisedition law. The Supreme Court decided that federal anticommunist legislation was so pervasive that the federal government had preempted the field. The domestic political reaction was so strong that the Court did not advance further in this direction in the 1950’s. Justice Stanley F. Reed wrote a dissent in which he was joined by Justices Sherman Minton and Harold H. Burton.

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