[claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press]
Yoh Meng Heng [1970] 1 MLJ 14 (ACRJ Penang)
[Possession of Subversive Document; charge defective with no particulars on which proviso is relied under s 30(1) of the Internal Security Act]
Brandenburg v. Ohio 395 U.S. 444 (1969)
[KKK case; The Supreme Court held that the government cannot punish inflammatory speech unless that speech is “directed to inciting or producing imminent lawless action […]
Watts v. United States 394 U.S. 705 (1969)
[The Court held that the First Amendment does not protect true threats (A true threat is a statement that is meant to frighten or intimidate one […]
Whitehill v. Elkins 389 U.S. 54 (1967)
[Invalidating oath requiring teachers to swear under penalty of perjury that they are not attempting “one way or another” to overthrow the government by force]
McSurely v. Ratliff, 282 F. Supp. 848 (E.D. Ky. 1967)
[Kentucky’s sedition law; too vague and broad]
Dubin v. United States 363 F.2d 938 (Fed. Cir. 1966)
[whether section 793 of the Espionage Act applies at all to unclassified equipment]
Aptheker v. Secretary of State, 378 U.S. 500 (1964)
[Invalidating the denial of passports to American Communists under a section of the Subversive Activities Control Act of 1950.]
Baggett v. Bullitt 377 U.S. 360 (1964)
[Holding a loyalty oath statute facially unconstitutional because of a similar definition of “subversive person”.]
Scales v. United States, 367 U.S. 203 (1961)
[Holding that the Smith Act’s membership provision did not violate the Fifth Amendment’s Due Process Clause only because it required evidence of active membership and […]
Noto v. United States, 367 U.S. 290 (1961)
[Addressing a conviction under the membership clause of the Smith Act and finding evidence insufficient to show a present advocacy of overthrow]