In June 1951 the Supreme Court in Dennis v. United States upheld the Foley Square convictions 6–2, with Black and Douglas dissenting — Black predicting that "in calmer times" the decision would be seen for what it was. The leaders went to prison; four, including Gus Hall, Henry Winston, and Gil Green, jumped bail and went underground or fled, drawing added five-year contempt terms when caught. Winston went blind in Terre Haute after a tumor was left untreated, becoming an international cause.
Expecting fascism, the Party sent hundreds of cadre into an "underground" apparatus — a decision that consumed its resources, isolated its members, and handed the FBI an espionage narrative. Dennis green-lit the mass prosecution of the whole second tier of Party leadership across the country.