Benjamin J. Davis Jr.

Released
Full name:Benjamin J. Davis
Date of birth:08. 09. 1903
Date of death:22. 08. 1964
Age:60† Deceased
Gender:Male
Race:Black
Era:1950s
State:New York
Time Imprisoned:
5 Years 4 Months 9 Days
Support
Communism Marxism Black Liberation Communist Party USA
Benjamin J. Davis Jr.

Biography

ONE OF TWELVE COMMUNISTS SENTENCED UNDER DENNIS V. UNITED STATES:

Bejamin J. Davis Jr., a chairman of the communist Workers' Party, along with eleven other party leaders were found guilty for advocating the violent overthrow of the United States. None of the defendants ever directly advocated to overthrow the government, but the prosecutor claimed that by supporting an ideology that advocated for violence, they also did by extension. The defendants claimed that their First Amendment freedom of speech rights were violated and they served no "clear and present danger to the nation".

Davis spent 3 years and 4 months in federal prison plus an additional two months in jail for refusing to reveal some fellow communists.

Cases

Albany Penitentiary
Charges: Smith Act Conspiracy
Sentenced: Oct 13, 1949
Incarcerated: Oct 13, 1949
Indicted: Jun 28th 1948
Convicted: Oct 13th 1949
Institution State: New York
Security: Medium
FCI Terre Haute
Charges: Conspiracy to advocate violent overthrow of the U.S. government and to organize the CPUSA to teach the same — Smith Act, 18 U.S.C. § 2385 (Foley Square / Dennis trial)
Arrested: Jul 19, 1948
Sentenced: Oct 20, 1949
Incarcerated: Oct 20, 1949
Released: Feb 28, 1955
Sentence: 5 years federal prison
Judge: Hon. Harold R. Medina
Convicted: Yes
Institution State: Indiana
Security: Multi
United States Penitentiary, Terre Haute
Charges: Smith Act (18 U.S.C. § 2385)
Incarcerated: Jul 2, 1951
Released: Mar 1, 1955
Sentence: 5 years
Convicted: Yes
Institution State: Indiana
Charges: Smith Act — conspiracy (1949); then contempt of court
Sentence: Five years; then 60 days for contempt Verdict as recorded: Convicted 1949; released March 1955; jailed again for contempt Charges as recorded: Smith Act — conspiracy (1949); then contempt of court for refusing to name names
Convicted: Yes

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