Henry Winston

Released

Full name:Henry M. Winston

Date of birth:02. 04. 1911

Date of death:13. 12. 1986

Age:75^{† Deceased}

Gender:Male

Race:Black

Era:1940s

State:New York

Time Imprisoned:

11 Years 8 Months 10 Days

Support

Communism Marxism Communist Party USA

Biography

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

Henry M. Winston, a leader 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".

They were found guilty and each sentenced to five years in prison and a $10,000 fine. The case went all the way to the Supreme Court who affirmed the lower court's verdict.

Cases

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: Jun 29, 1961

Sentence: 5 years (jumped bail; surrendered 1956); commuted by JFK June 30, 1961 after he lost his eyesight in custody from untreated brain tumor

Judge: Hon. Harold R. Medina

Indicted: Jun 28th 1948

Convicted: Yes

Institution State: Indiana

Security: Multi

Charges: Smith Act (18 U.S.C. § 2385) — conspiracy to teach and advocate the overthrow of the U.S. government by force and violence

Incarcerated: Mar 1, 1956