United States v. Silverman’s Empirical Analysis
248 F.2d 671 · 1957
Citation profile
27 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 29 later decisions — most recently July 1970 · most notably United States v. Stromberg (1959), United States v. Spock (1969)
27 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 2383 · 18 U.S.C. § 2385 · 18 U.S.C. § 371 · 28 U.S.C. § 46 · 50 U.S.C. § 841 (Communist Control Act of 1954)
Relies on Kotteakos v. United States · Dennis v. United States · Yates v. United States · Grunewald v. United States · Schneiderman v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Although the jury’s verdict, interpreted in light of the trial court’s instructions, did not justify the conclusion that the defendants’ advocacy was directed at, or created any danger of, immediate overthrow, it did establish that the advocacy was aimed at building up a seditious group and maintaining it in readiness for action at a propitious time. In such circumstances, said Chief Justice Vinson, the Government need not hold its hand ‘until the putsch is about to be executed, the plans have been laid and the signal is awaited. If Government is aware that a group aiming at its overthrow is attempting to indoctrinate its members and to commit them to a course whereby they will strike when the leaders feel the circumstances permit, action by the Government is required.’ 341 U.S., at page 509, 71 S.Ct. at page 867. * * * * # “ * * * Bearing in mind that Dennis, like all other Smith Act conspiracy cases thus far, including this one, involved advocacy which had already taken place, and not advocacy still to occur, it is clear that in context the phrase just quoted referred to more than the basic agreement to advocate. ‘The mere fact that (during the indictment period) petitioners’ activities did not result in an attempt to overthrow the Government by force and violence is of course no answer to the fact that there was a group that was ready to make the attempt. The formation by petitioners of such a highly organized conspiracy, with rigidly dis- dplined members subject t”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.