Abstract

Supreme Court Colloquy: Conversation on the Smith Act
Carpenter, Willard | December 8, 1956 issue

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The membership clause of the Smith Act--guilt by association in its purest form, is now under consideration by the U.S. Supreme Court. Argued here early in October, the cases under advisement provide the Court with its first look at this part of the 1941 Smith Act. All other cases under the act which have been decided by the Court have dealt only with the "conspiracy" section conspiring to advocate violent overthrow of the government. Under the "membership" clause, the government need prove nothing about the beliefs, advocacy or acts of the member, merely the fact of his membership, "knowing the purposes thereof," in a group conspiring to advocate violent overthrow of the government.

See Also:

TRIALS (Conspiracy); ASSOCIATIONS, institutions, etc. -- Membership; CONSPIRACY; SOCIETIES; UNITED States. Supreme Court; UNITED States
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