 The 1949 trial defendants appealed to the Second Circuit Court of Appeals in 1950 . In the appeal they raised issues about the use of informant witnesses , the impartiality of the jury and judge , the judge 's conduct , and free speech . Their free speech arguments raised important constitutional issues : they asserted that their political advocacy was protected by the First Amendment , because the CPUSA did not advocate imminent violence , but instead merely promoted revolution as an abstract concept . 
