The Hughes Court (1930–41)

First Amendment

Which dissenting justice emphasized Herndon’s race?

Justice Willis Van Devanter focused on Herndon’s race in his dissenting opinion, writing: “Herndon is a negro and a member of the Communist Party of the U.S.A., which is a section of the Communist International.” At a later point in his opinion, Van Devanter wrote: “It should not be overlooked that Herndon was a Negro member and organizer in the Communist Party.”


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