The rather cursory way in which the Ohio courts dismissed Brandenburg's constitutional arguments is unsurprising in light of the state of First Amendment law in the pre-"Brandenburg" era. Although "Yates v. United States" (1957) had overturned the convictions of mid-level Communist Party members in language that seemed suggestive of a broader view of freedom of expression rights than had been accorded them in "Dennis v. United States" (1951), all "Yates" purported to do was a federal statute, the 1940 Smith Act. Thus, "Dennis" reading of the First Amendment remained in force: advocacy of law violation, even as an abstract doctrine, could be punished under law consistent with the free speech clause.