Is Whitney v. California still good law?

274 U.S. 357 (1927)

✗ Has been overruled

Editorially curated by Law Student Workbench. Last updated 2026-08-12.

Whitney's approach to subversive-advocacy prosecutions was overruled by Brandenburg v. Ohio (1969), which protects advocacy short of incitement to imminent lawless action.

Later authority

Brandenburg v. Ohio, 395 U.S. 444 (1969)overruled

This is an AI signal, not a citator. It flags whether later courts appear to have overruled, limited, or questioned this case — a research starting point. Always confirm on Westlaw (KeyCite) or Lexis (Shepard’s) before you rely on it. Not legal advice.

Check another case → All “still good law?” pages

Generated by Law Student Workbench — every citation checked against real law.