Case Overview

Legal Principle at Issue

Whether a Georgia law prohibiting an "attempt to incite insurrection" was unconstitutional as applied to a Communist member planning to distribute literature, because the law was too vague to provide a sufficiently ascertainable standard of guilt.

Action

Reversed and remanded. Petitioning party received a favorable disposition.

Cite this page

  • HERNDON v. LOWRY, SHERIFF. (n.d.). First Amendment Library. Retrieved April 13, 2025, from https://www.thefire.org/supreme-court/herndon-v-lowry-sheriff
  • HERNDON v. LOWRY, SHERIFF, First Amendment Library, https://www.thefire.org/supreme-court/herndon-v-lowry-sheriff (last visited 13 Apr. 2025).
  • Foundation for Individual Rights and Expression (FIRE). "HERNDON v. LOWRY, SHERIFF." Oyez. https://www.thefire.org/supreme-court/herndon-v-lowry-sheriff (accessed April 13, 2025).
  • "HERNDON v. LOWRY, SHERIFF." First Amendment Library. Foundation for Individual Rights and Expression (FIRE), n.d. 13 Apr. 2025, www.thefire.org/supreme-court/herndon-v-lowry-sheriff.
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