Herndon v. Georgia
United States Supreme Court
295 U.S. 441 (1935)
- Written by Paul Neel, JD
Facts
The state of Georgia (plaintiff) charged Herndon (defendant) with attempting to incite insurrection by inducing others to join and resist the Georgia government by violence, a violation of § 56 of the Georgia Penal Code. The trial court instructed the jury that to convict Herndon, the evidence must clearly show that Herndon advocated immediate and serious violence against the state. The jury convicted Herndon. Herndon moved for a new trial, arguing that the evidence failed to show temporal immediacy between the incitement and the potential for violent action. The trial court denied the motion. Herndon appealed. The Georgia Supreme Court affirmed, holding that the evidence was sufficient to convict Herndon based on his intent to incite violence and did not require that the violence occur immediately or shortly after the incitement; rather, the violence could occur at any time after the incitement. Herndon appealed, raising free-speech and due-process challenges for the first time in the case. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Sutherland, J.)
Dissent (Cardozo, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
