 On April 26, 1937, a narrow five-to-four majority of the United State Supreme Court ruled in Herndon's favor, striking down Georgia's insurrection statute as unconstitutional, as it violated the First Amendment, which protects individual's right to free speech and the right of assembly.Herndon was greeted as a hero by a crowd of 6,000 well-wishers when he returned by train to Pennsylvania Station in New York City.Several leading Communist Party officials were on hand to welcome him.