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Case library · The Red Scare

Literature In The Room

Herndon v. Lowry (1937)

Charge: Attempting to incite insurrection under a state penal codeCourt: U.S. Supreme CourtState: GeorgiaDocket: The Red Scare

The facts

A young organiser for a communist party was sent to a southern city to sign up members and hold meetings. Police found party literature in his possession, including material about revolutionary change and self-rule for Black people in the South. He was charged under an old state law against attempting to incite insurrection and given a very long prison term. The law let a jury convict on the dangerous tendency of words, without proof that violence was about to happen.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Herndon v. Lowry, 301 U.S. 242 (1937)

Read more at supreme.justia.com. The source reveals the outcome.

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