Cleveland v. United States (1946) upheld the convictions of a
fundamentalist group of polygamous Mormons. Polygamy is not historically
protected by the First Amendment.
Polygamy Cases
In Musser v. Utah, 333 U.S. 94 (1948), Justice Robert Jackson wrote an opinion for the U.S. Supreme Court in which he vacated the conviction of three men for advocating polygamy and remanded the case back to Utah’s courts. Jackson wrote that the state law against polygamy was “no narrowly drawn statute,” and said its vagueness