scales argued april decided june petitioner convicted violating membership clause smith act makes felony acquisition holding membership organization advocates overthrow government force violence knowing purposes thereof indictment charged january date filing communist party organization throughout period petitioner member thereof knowledge party illegal purpose specific intent accomplish overthrow government speedily circumstances permit jury instructed convict unless found within limitation period party advocated violent overthrow government sense present advocacy action accomplish end soon circumstances propitious petitioner active member party merely nominal passive inactive purely technical member knowledge party illegal advocacy specific intent bring violent overthrow speedily circumstances permit held judgment appeals sustaining conviction affirmed pp section internal security act provides part neither holding office membership communist organization person shall constitute per se violation criminal statute repeal pro tanto membership clause smith act excluding reach clause membership communist organization pp petitioner challenge constitutionality membership clause smith act must overruled pp statute correctly interpreted two lower courts pp construed applied membership clause smith act violate fifth amendment impermissibly imputing guilt individual merely basis associations sympathies rather concrete personal involvement criminal conduct pp construed applied membership clause smith act infringe freedom political expression association violation first amendment pp evidence sufficient sustain conviction pp none trial errors alleged petitioner raises points meriting reversal pp admission evidence party program inciting negro population south revolt admission pamphlet called saw truth korea contained gruesome description alleged american atrocities korea prejudicial errors warranting reversal conviction pp jencks act unconstitutional application petitioner case invalidate conviction pp petitioner made showing sustain contention congressional findings character communist party contained communist control act internal security act deprived fair trial issue pp failure comply rule federal rules criminal procedure petitioner waived right might question method choosing grand jurors impropriety method choosing grand jurors shown telford taylor reargued cause petitioner briefs mcneill smith john davis reargued cause briefs solicitor general rankin assistant attorney general yeagley kevin maroney philip monahan osmond fraenkel filed brief american civil liberties union amicus curiae urging reversal justice harlan delivered opinion writ issued case review judgment appeals affirming petitioner conviction membership clause smith act act among things makes felony acquisition holding knowing membership organization advocates overthrow government force violence indictment charged january date filing november communist party organization petitioner throughout period member thereof knowledge party illegal purpose specific intent accomplish overthrow speedily circumstances permit validity conviction challenged statutory constitutional evidentiary grounds basis certain alleged trial procedural errors decide issues raised upon fullest consideration case unusually long history reasons given opinion affirm appeals statutory challenge neither holding office membership communist organization person shall constitute per se violation subsection subsection section criminal statute fact registration person section section title officer member communist organization shall received evidence person prosecution alleged violation subsection subsection section alleged violation criminal statute turn first provision find petitioner construction language best ambiguous suggestive contrary conclusion section provides membership communist organization shall constitute per se violation subsection subsection section criminal statute petitioner plainly correct statute indicted purported proscribe membership communist organizations punish membership per se organization engaging proscribed advocacy membership clause smith act face much less construe case neither proscribes membership communist organizations organizations engaging advocacy violent overthrow punishes membership kind organization except one knowing purposes thereof interpreted clause specific intent purposes infra pp also held proscribed membership must active nominal passive theoretical infra pp thus words first sentence means unequivocally demand result petitioner argues turn words context section whole scheme act part whatever ambiguity may must resolved view petitioner contention context whole first sentence subsection appear provision repealing whole part provision internal security act subsection makes crime person knowingly combine conspire agree person perform act substantially contribute establishment within totalitarian dictatorship direction control vested exercised domination control foreign government foreign organization foreign individual seems apparent foregoing language natural import context taken immunize members communist organizations membership clause smith act rather mandate courts charged construction subsections criminal statute neither two named criminal provisions shall construed make membership communist organization per se violation indeed read first sentence even membership clause smith act taken punishing naked communist party membership duty construe accordance mandate certainly strike although think membership clause face goes beyond making mere party membership violation requires showing illegal party purposes member knowledge purposes regard first sentence clear warrant construing clause requiring knowing membership active purposive membership purposive organization criminal ends infra pp terms subsection effect pro tanto repeal membership clause modifies petitioner argues provision bar prosecution membership clause phrase criminal statute becomes meaningless federal criminal statute makes sort membership crime argument assumes answer first sentence intended clarify repeal internal security act parity reasoning effect criminal statute also clarification repeal petitioner contentions stop however words supposed partial repeal membership clause provision claimed consequence latter purpose whole scheme internal security act illuminated legislative history argument runs follows core internal security act registration provisions requiring disclosure membership communist party following valid final determination subversive activities control board status party see ante registration requirement rendered nugatory plea saved valid grant immunity prosecution reason disclosure however immunity provided second sentence insufficient forbids use fact registration evidence future prosecution also employment lead evidence see counselman hitchcock blau therefore effectuate congressional purpose becomes necessary consider first sentence pro tanto repealer membership clause smith act thereby assuring effective immunity criminal consequences registration instance although often strain construe legislation save constitutional attack must carry point perverting purpose statute certainly section us construed petitioner argues fact registration may provide significant investigatory lead prosecutions membership clause smith act equally probably prosecutions internal security act let alone thus accepted petitioner argument must read partial repealer membership clause led extraordinary conclusion congress also intended immunize prohibited subsections passed time furthermore thrust petitioner argument limited membership clause equally applicable prosecution host criminal provisions communist party membership might provide investigatory lead elements crime attribute sweeping purpose congress basis attenuated inference offered petitioner presented every indication statute congress purpose bar prosecution turn legislative history internal security act see different conclusion indicated section product fusion provisions contained measures conceived house senate deal problem subject present internal security act primarily however result senate efforts senator mundt reintroduced senate bill bill died committee year sess bill referred committee judiciary contained registration provisions similar present statute criminal provision identical present response enquiry committee received letter eminent lawyer late john davis new york effect although primary purpose bill appears ventilation rather prohibition question whether mere membership communist political organization required register might constitute act section proscribes letter continued inherent contradiction sections might person called register member claim involuntarily incriminate emphasis supplied pp thus davis letter seemed address proscriptions extent membership disclosed registration without constitute violation response narrow objection committee drafted predecessor present section also numbered provided neither holding office membership communist organization person shall constitute violation subsection section fact registration person shall received evidence person prosecution alleged violation subsection amended subsequent history section senate reinforces conclusion intent grant broad immunity meet reasoning counselman hitchcock bill incorporated body omnibus measure mccarran bill sess bill reported senate mention made majority report judiciary committee sections consideration however senator kilgore minority report squarely presented two questions insufficiency immunity provisions immunity inadequate meet counselman rule case immunity sort granted respect smith act pt pp grounds urged bill also debate opponents senator humphrey read record brief prepared justice department effect restated objections minority report cong rec senator lehman stated objections also suggested membership clause smith act well made communist membership per se crime latter contention vigorously denied proponents measure thus senate passed predecessor version even though clearly presented constitutional objections provision objections petitioner makes natural literal reading present statute immunity kind smith act prosecutions limited immunity prosecutions comparable provisions history original house measure likewise relevant issue consideration measure wood bill also provided registration contained provision similar provision similar present forbidding members communist organizations obtaining classified information sess bill included immunity provision subsection predecessor present declared fact registration person shall received evidence person prosecution alleged violation section conference substance senate bill accepted conferees including criminal provision present senate version amended present form addition house criminal statute language first second sentences subsection addition per se first sentence thus asked petitioner hold although neither house preconference bills evidenced purpose repeal smith act insofar communist party membership concerned let alone possibly applicable statutes registration party member might produce investigatory lead see note supra amalgamation two bills intended though without notification conferees either house conference reports result addition words per se advance petitioner argument face addition seem simply make explicit clarifying purpose sentence context worries smith act makes communist membership per se criminal statements proponents bills unfounded fear provisions purely clarifying purpose per se apparent furthermore asked attribute purpose conferees although neither proponents measure finally emerged conference said word important departure original purposes two houses finally worth noting conference measure returned floor senate attacked senator kefauver precisely grounds urged houses prior conference immunity conferred present narrowly drawn save registration provisions attack counselman cong rec attack renewed president veto overridden congress cong rec legislative history therefore far weakening conclusion flowing analysis terms statute fortifies analysis every point conclude congress desire protect registration provisions internal security act pleas prevail advertent failure assure result expense wiping membership clause smith act applied communists require disregard evident congressional purpose whatever may consequences failure upon internal security act concerned solely question whether congress intended partial repeal membership clause smith act conclude hold prosecution barred internal security act ii constitutional challenge membership clause face bring constitutional issues clearer focus notice first premises case submitted jury jury instructed order convict must find within limitations period communist party advocated violent overthrow government sense present advocacy action accomplish end soon circumstances propitious petitioner active member party merely nominal passive inactive purely technical member knowledge party illegal advocacy specific intent bring violent overthrow speedily circumstances permit constitutional attack upon membership clause thus construed statute offends fifth amendment impermissibly imputes guilt individual merely basis associations sympathies rather concrete personal involvement criminal conduct first amendment infringes free political expression association subsidiarily argued statute interpreted including requirement specific intent accomplish violent overthrow requiring membership proscribed organization must active membership absence either said statute becomes fortiori unconstitutional contended even adjective active may properly implied qualification upon term member petitioner conviction nonetheless unconstitutional construed statute impermissibly vague fifth sixth amendments applied event infringe sixth amendment indictment charged scales member active member communist party statutory construction trial definition kind organizational advocacy proscribed fully accord held yates statute requires defendant must knowledge organization illegal advocacy two elements crime defined controversy therefore specific intent active membership former held dennis even though advocacy organizing provisions smith act unlike literature section note supra expressly contain specific intent element requirement fairly implied think reasoning dennis applies equally membership clause left unpersuaded distinctions petitioner seeks draw clause advocacy organizing provisions smith act find hardly greater difficulty interpreting membership clause reach active members decline attribute congress purpose punish nominal membership even though accompanied knowledge intent merely close constitutional questions purpose raise cf infra yates supra also two reasons lightly inferred congress intended visit upon mere passive members heavy penalties imposed smith act assume congress purpose allow quality punishable membership measured solely varying standards relationship subjectively viewed different organizations reasonable believe congress contemplated objective standard fixed law thereby assuring application statute passing similar provision requiring deportation aliens become members communist party provision rested congress far plenary power aliens hence press nearly closely limits constitutionality enactment difficulty interpreting membership meaning mere voluntary listing person name party rolls galvan press rowoldt perfetto see bridges wixon similar construction called petitioner particular constitutional objections construction misconceived indictment defective failing charge scales active member party factor discrete element crime inherent quality membership element matter indictment elucidating instructions jury term member statute meant think objection score vagueness tenable one distinction active nominal membership well understood common parlance cf boyce motor lines petrillo sproles binford point one shades something goes sufficiency statute adequacy trial guidance jury way instructions particular case see note infra moreover whatever abstract doubts might exist matter case presents problem petitioner actions behalf communist party certainly amounted active membership whatever standards one reasonably anticipate therefore hardly considered acted unadvisedly score find substance suggestion petitioner expected anticipate construction statute included within elements activity specific intent hence duly warned statute made criminal course clear lower courts construction narrower broader one petitioner argues defining character forbidden conduct therefore according petitioner construction actions forbidden statute contention must petitioner right rely statute construed held unconstitutional assuming arguendo petitioner construction unreasonable said light courts traditional avoidance constructions dubious constitutionality light role construing purpose statute two ways one reasonably anticipate statute construed petitioner clear warning actions violation constructions additional constitutional requirement petitioner entitled rely upon statute construed way possibly render unconstitutional sum argument right literal construction simply boils claim view statute taken violence congressional purpose course litigant always prejudiced errs whether lower courts erred construction issue met merits reference right particular interpretation hold statute correctly interpreted two lower courts turn petitioner basic constitutional challenge fifth amendment thought due process puts beyond reach criminal law individual associational relationships unless accompanied commission specific acts criminality dispelled familiar concepts law conspiracy complicity commonplace landscape criminal law natural features rather particular legal concepts manifesting general principle society power punish dangerous behavior powerless work bring behavior fact congress resorted either familiar concepts means enquiry must direct analysis relationship fact membership underlying substantive illegal conduct order determine whether relationship indeed tenuous permit use basis criminal liability instance organization engages criminal activity perceive reason one actively knowingly works ranks organization intending contribute success specifically illegal activities immune prosecution organization assigned task carrying substantive criminal act fact congress focussed membership characteristic relationship individual type conspiratorial associations criminal aspect whose activities congress concerned require conclusion legislature traveled outside familiar permissible bounds criminal imputability truth specificity proscribed relationship necessarily vice provides instruction warning must met argument membership even accompanied elements knowledge specific intent affords insufficient quantum participation organization alleged criminal activity insufficiently significant form aid encouragement permit imposition criminal sanctions basis must indeed recognized person merely becomes member illegal organization act alone need nothing signifying assent purposes activities one hand providing sort moral encouragement comes knowledge others believe organization may indeed argued assent encouragement fall short concrete practical impetus given criminal enterprise lent instance commitment part conspirator act furtherance enterprise member distinguished conspirator may indicate approval criminal enterprise fact membership without thereby necessarily committing act course conduct whatever area criminal law indicated demands watchful scrutiny see dennis supra yates supra see also noto decided today post factors weight must found overborne total constitutional assessment statute think however duly met statute found reach active members also guilty knowledge intent therefore prevents conviction otherwise might regarded merely expression sympathy alleged criminal enterprise unaccompanied significant action support commitment undertake action thus given construction membership clause already discussed think factors called rendering members criminally responsible illegal advocacy organization fall within established therefore presumably constitutional standards criminal imputability first amendment said mere existence enactment tends inhibit exercise constitutionally protected rights engenders unhealthy fear one may find unwittingly embroiled criminal liability answer surely statute provides defendant must proven knowledge proscribed advocacy may convicted course true parties groups may embrace legal illegal aims differ technical conspiracy defined criminal purpose knowing association conspiracy proper subject criminal proscription far first amendment liberties concerned similar blanket prohibition association group legal illegal aims indeed real danger legitimate political expression association impaired membership clause construed cut deeper freedom association necessary deal substantive evils congress right prevent schenck clause make criminal association organization shown engage illegal advocacy must clear proof defendant specifically intend accomplish aims organization resort violence noto post thus member organization vehicle advancement legitimate aims policies fall within ban statute lacks requisite specific intent bring overthrow government speedily circumstances permit person may foolish deluded perhaps merely optimistic statute made criminal conclude petitioner constitutional challenge must overruled iii evidentiary challenge phase case petitioner principal contention evidence insufficient establish communist party engaged present advocacy violent overthrow government sense required smith act advocacy action accomplishment overthrow either immediately soon circumstances proved propitious uttered terms reasonably calculated incite action see yates supra contention rests largely proposition evidence aspect case differ materially yates stated inadequate establish sort party advocacy yates government sought use communist party least california branch party conspiratorial nexus various individuals charged among things conspiracy engage illegal advocacy upon reversal error trial charge nature advocacy proscribed smith act exercise powers went consider adequacy evidence purpose determining defendants acquittal ordered ones way new trial left open process stated government theory unavailing evidence fell short establishing party advocacy constituted call forcible action accomplishment immediate future overthrow contrast teaching mere abstract doctrine favoring end time however found record reflected certain episodes considered might permissibly lend inference illegal advocacy particular party members see concluded however similar episodes sporadic remote justify attribution party possibly casting abstract teaching communist classics different mold accordingly directed acquittal defendants connected episodes agree petitioner evidentiary question controlled large part yates decision yates rested view articulated opinion though perhaps smith act offenses involving subtler elements present crimes call strict standards assessing adequacy proof needed make case illegal advocacy premise applicable prosecutions membership clause smith act conspiracy prosecutions statute yates impact yates respect petitioner evidentiary challenge limited however decision requirement strict standards proof yates also articulates general criteria evaluation evidence determining whether requirement met yates opinion characterizations large portions evidence either described detail referred reference record indicates type evidence needed permit jury find advocacy action party responsible advocacy first yates makes clear type evidence sufficient show illegal advocacy category includes evidence following teaching connected use marxist classics textbooks official general resolutions pronouncements party past conventions dissemination party general literature including standard outlines marxism party history organizational structure secrecy meetings clandestine nature party generally statements officials evidencing sympathy alliance predominance evidence type led order acquittal several yates defendants comment made single remark present someone else made remark tend prove charges however kind evidence insufficient sustain conviction irrelevant evidence context evidence may value showing illegal advocacy second yates opinion also indicates kind evidence sufficient pointed two series events justified denial directed acquittals nine yates defendants noted respect seven defendants meetings san francisco described witness foard might considered systematic teaching advocacy illegal action condemned statute meetings small group members taught violent revolution inevitable also taught techniques achieving end example yates record reveals members directed prepared convert general strike revolution deal negroes prepare specifically revolution addition san francisco meetings referred certain activities los angeles area might considered amount advocacy action two yates defendants linked participants stop teaching inevitability eventual revolution went explain techniques legal illegal employed preparation connection revolution thus one member surreptitiously indoctrinated methods moving masses people time crisis others told adopt russian prerevolutionary techniques development special communication system newspaper similar pravda viewed together events described yates indicate least two patterns evidence sufficient show illegal advocacy teaching forceful overthrow accompanied directions type illegal action must taken time revolution reached teaching forceful overthrow accompanied contemporary though legal course conduct clearly undertaken specific purpose rendering effective later illegal activity advocated compare noto post finally yates also relevant indicating least implication type quantum evidence necessary attach liability illegal advocacy party discussing government theory found evidence insufficient incidents illegal advocacy infrequent sporadic fairly related period covered indictment addition indicated illegal advocacy sufficiently tied officials spoke party thus short yates imposes strict standard proof indicates kind evidence insufficient show illegal advocacy standard kind evidence sufficient pattern evidence necessary hold party responsible advocacy criteria mind proceed examination evidence case begin also present yates general evidence doctrines organization tactical procedures communist party exposited lautner government foundational witness yates together documentary evidence lautner testimony based participation party affairs furnished necessary background party theory terminology crucial proper appreciation tenor party pronouncements pronouncements taken larger context might appear harmless peaceable without reality distinction drawn yates theoretical advocacy advocacy violence rule action course basic teaching carried special vocabulary knowledge vocabulary least relevant understanding quality tenor teaching lautner testimony covered history party passed reconstitution organization prior time party communist political association adhered position change communist society achieved peaceful democratic means reconstitution finally approved national convention july involved return principles found communist classics adoption program industrial concentration increased effort among negroes especially south complete repudiation former party leader browder doctrine revisionism signified lautner testified henceforth regarded exception teachings lenin communism achieved industrialized nation resort violent revolution belief peaceful means foolishness treachery lautner testified industrial concentration program well emphasis negro minority articulation doctrine involved concentration elements society party believed damage time crisis existing social fabric relation numbers victory polls concern lautner testified resolved national convention order implement principles reconstitution program thorough whole party membership undertaken lautner charged duty carrying district organizer state chairman balance lautner testimony devoted detailed description elaborate underground apparatus others charged setting various portions country assigned hartle testified activities party primarily pacific northwest area approximately hartle confirmed many respects lautner testimony party teaching doctrine throughout period reconstitution sent national training school new york thirty officers functionaries various parts country accordance decisions resolutions convention taught dialectical materialism theory struggle capitalist class working class taught reference made quotation duty revolutionary try gloss class struggle try compromise unravel allow class struggle help class struggle unfold clash proceed class told duty revolutionary reformist instructed objectively stage proletarian revolution time proletariat revolution come objective conditions political economic crisis coincided subjective condition communist party large enough enough influence among working classes give necessary leadership lead seizure power much testimony summarized far may indeed considered relate mere theory revolution abstract advocacy however teaching national training school also descended lower level generality hartle told role communist party preparing workers people ready able take power know take power revolutionary situation arose time plan program party lead working class seize power smash bourgeois state machine respect latter task class told bourgeois state machine smashed seizure power course seizing power armies police prisons dealt smashed rendered inoperative course seizure power matters matters replacing state administrative apparatus matters take longer period time forcible elements capitalist state must smashed course taking power things like reorganizing banking system matters like done somewhat longer process following classes national training school hartle returned washington helped recruit organize underground fashion employees boeing aircraft plant state time hartle active party schools area testified instructed taught means ultimate goal might attained means forcible teaching teaching theory peaceful road socialism growing capitalism socialism betrayal working class communist party leading working class arm first place theory workers must know must prepared know take power forcibly action communist party members take preparing ultimate goal taught taught build communist party vanguard party working class theoretically equipped party equipped theory highly organized party act unit monolithic whole democratic centralism principle guiding communist party connection vanguard working class millions preparation working winning confidence working class allies working class negro people poor farmers national groups way course struggle constant struggle taking forms strikes demonstrations picket lines marches various kinds activities train working class people revolutionary battle divided explanation proletariat divided two groups industry lead revolution agriculture follow speaking revolution professor moreau stated class emotional manner see carrying gun capitalist explained class based science marx lenin discussing proletarian revolution thoroughly professor moreau explained throughout school proletarian revolution come bolshevik rank file sincere communists get teach teach people desirability changing system necessity changing teach people change capitalist system socialist system socialism successfully peaceful way erupted taken away force violence away entire state machinery bourgeoisie smashed courts army navy whatever entire instrumentality bourgeoisie smashed substituted proletarian machinery period revolution transition violent transition make mass work get masses away bourgeoisie join counterrevolution movement meant people communist party vanguard become satisfied bourgeoisie machinery smashed control also collect guns people control people understand moreau sic period revolution people masses people carrying guns yes sir revolution understand party go around collect guns take away people yes sir take away helped overthrow capitalist system order assure revolution immediately overthrow capitalist system establishment dictatorship proletariat became necessary communist establish red army country secure maintain dictatorship proletariat control people well people help overthrow government civil rights whatsoever voting rights anything dished according way felt way fell communist office dictatorship duran anything moreau teach school role played communist party period revolution government overthrown force violence role communist party specifically within communist party bolsheviks play vanguard role leading role explained scientifically first teach people desirability overthrowing teach done proletarian revolution time ripe stampede capitalist class discussing scientific application marx lenin transition period capitalism socialism demonstrated kettle water put quantitative amount water kettle set somewhere nothing happen like masses nothing happen said however get amount kettle amount water put fire underneath begin get quantitative changes eventually reaches nodule point qualitative abrupt transition steam continued applied development revolution sense american people make successful change capitalism socialism like fire underneath water communist party teaches leads society reaches nodule point communist people teaches people leads make abrupt change society socialism substantially within explanation violent overthrow government stated set barricades establish central point participate stated literally speaking central point revolution may become necessary ebb retreat certain battles learn retreat organizational way correct way essential learn ebb flow revolution ebbing see ebb enemy wiped everybody ebbing central point barricaded reorganization correct time start flowing forward revolution said general staff army different communist party general staff army operated safe spot behind line led army far distance communist party went forth fought workers say anything reference techniques yes said good leader without knowing techniques fighting say anything respect carrying instructions yes sir say connection said capitalists army carry instructions full communists regardless cost carry instructions completely pledge us communists members party us responsibility must carry responsibility work interests party recipients carry full party even though meant fight kill must carry demands party ralph clontz student duke law school undertook furnish information gained communist party activities north carolina volunteer services attempting penetrate party acquire information result september year clontz sent postcard petitioner informing law student interested communism petitioner replied sending clontz large cardboard box filled communist literature accompanying letter headed carolina district communist party notation junius scales chairman explained separate cover already sent rather varied sample literature hope give close attention discuss matter relating party program person glad early meeting two petitioner told clontz impossible communist party succeed power educating people country gaining votes polls forceful revolution necessary later meeting discussion limited theoretical inevitability revolution went beyond theory explanation basic strategy communist party using give concrete foundation theory bringing revolution defendant petitioner explained basically strategy bottomed concept two classes people country used communist party foment revolution first class termed working class proletariat working class said natural born leaders vanguard communist party second class described country termed negro nation negro nation described separate nation termed black belt including thirteen southern strategy communist party bring working class led communist party termed negro nation together bring forceful overthrow government scales communist party taught basic strategy communist party never change tactics might altered situation changed soviet union one help soviet party country revolution started benefit help mother country russia bringing revolution part purposes communist party soviet union international scope naturally continue receive help circumstances soviet party revolution started country petitioner arranged clontz awarded scholarship study new york jefferson school social science official communist party school month august clontz arrived time scheduled courses offered bulk training school received private instruction doxey wilkerson teacher petitioner communicated arranging clontz scholarship wilkerson like petitioner told clontz communist party recognized expressed kind means proper means forceful means longer even pretense among intelligent communists voting system people election bring government also stated scales revolution basically come combining forces already identified negro nation working class vanguard line strategy wilkerson advised clontz let membership communist party become known remaining cover much helpful party revolution came part undercover activity clontz directed attempt infiltrate various organizations working class order achieve background respectability able lead organizations toward goal communist party undermining government overthrowing government bringing communism clontz lose contact party got isolated without party direction efforts pretty largely wasted connection instructions wilkerson mentioned one things frightened leaders knew contend china countries also every capitalist country working class party communists working within clontz returned north carolina reported petitioner activities jefferson school also informed petitioner instructions wished move new york petitioner arranged clontz remain direction pay dues new york rather effecting formal transfer clontz moved new york march scales directed get organization report value might coming struggle clontz also advised associate petitioner infiltrate civilian defense setup witnesses childs reavis also testified relationship scales among things arranged attendance party schools instruction followed much pattern described clontz childs attended party training school petitioner director school given outstanding cadres north south carolina virginia districts communist party held farm strict security measures taken district organizer virginia instructed school told students role communist party lead working masses overthrow capitalist government respect preliminary task gaining broad coalition necessary achieve task stated communist party program industrial concentration try get people people communist party members key shops key industries party determined designated industrial concentration industries plants communist party members particular plant able cell communist party group able effectively plan things attempting control union particular plant reavis attended party new york jefferson school course negro history students drawn primarily south taught negro people revolutionary group within align sic hope reach sic gains avenue force violence overthrow government proletariat faction reavis later advised seek employment western electric plant stated bumped scales harvey home report said advice getting confirmed advanced question case get employment western electric knew government work case asked sign certain papers told signing affidavit go ahead sign defendant asked signed papers might used proof party remember since evidence amply showed party leaders continuously preaching indictment period inevitability eventual forcible overthrow first basic question narrow one whether jury permissibly infer preaching whole part aimed building seditious group maintaining readiness action propitious time kind indoctrination preparatory action condemned dennis yates supra score think jury instructions fully satisfied requirements yates entitled infer systematic preaching explicitness concreteness sort described previously seemed necessary prudent doctrine violent revolution elsewhere theory historical predictability rule conduct put forward guide future action whatever tone emotional calculating audience occasion required short advocacy action engaged question phase case whether advocacy sufficiently broadly based permit attribution party think advocacy action sporadic cf supra instances neither infrequent remote time casual said jury found criminal advocacy fully authorized condoned party regard testimony witnesses whose credibility course us indicating sufficiently systematic substantial course utterances conduct part high councils party including petitioner entitle jury infer activities reflected tenets party testimony described activities various including teaching seven schools among national party school witnesses told advocacy high party officials including leaders party nine testimony party followed principle whereby position adopted party must unquestionably adhered whole membership conformity views expressed terms employed advocating violent overthrow washington north carolina missouri colorado virginia reasonably taken jury practical manifestation another concrete illustration principle found circumstance almost every instance speaker engaged advocacy violent overthrow advocated violence audience urged others go likewise factors combine justify inference illegal individual advocacy testimony adduced truth expression party policy purpose requirement party imputability adequately met record see note supra sufficiency evidence elements crime requires exposition scales active membership party indisputable issue properly submitted jury instructions entirely adequate elements petitioner knowledge specific intent ante require discussion evidence beyond already given scales utterances activities compare noto post bear little resemblance fragmentary equivocal utterances conduct found insufficient nowak maisenberg hold prosecution fail insufficiency proof iv alleged trial errors admission remote prejudicial evidence petitioner complains admission certain evidence relating party general specific purposes particular objects admission evidence party program black belt especially admission pamphlet called saw truth korea contained gruesome description alleged american atrocities korea doubt matter particularly latter reflected well petitioner party eyes jury relevant element crime whether asserted prejudicial effect far outweighed probative value require exclusion evidence decision rested sound discretion trial judge particularly light fact damaging material emanated petitioner say admission involved abuse discretion warrant reversal conclusions trial judge appeals score therefore need consider whether evidence legally relevant therefore admissible pointed review record jury inferred part communist party program violent revolution winning favor negro population south thought particularly susceptible revolutionary propaganda action surely evidence party teaching negro population given right form separate nation irrelevant issue whether party program whole constituted call stand readiness violent action particular plank platform intended bait one substantial battalions revolutionary array course preaching negro population south right form separate nation constitute illegal advocacy neither teaching abstract theory held alone form basis conviction violation smith act yates supra yet seriously urged evidence teaching legally irrelevant charge similarly evidence pamphlet alleged american atrocities korea said irrelevant issue illegal advocacy party pamphlet may constitute incitement violence justify finding party advocated violent overthrow possible infer purpose party undermine government eyes people time war preparatory measure albeit legal teaching sympathetic reception illegal advocacy violent revolution petitioner also argues evidence connected activities whether since necessary membership clause prove advocacy party independent element offense renders admissible evidence connected defendant accepted conspiracy sense see note supra doubtless special need make sure evidence establishing defendant personal knowledge illegal party advocacy intent becoming remaining party member accomplish violent overthrow cogent adequately brought home said said respect petitioner claim point jencks claim petitioner also objects limitation act written statements signed adopted witness form substantially verbatim transcription oral statement witness however petitioner assert prejudiced provision statement document requested withheld authority statute circumstances perceive basis aspect petitioner claims congressional findings communist control act internal security act petitioner asserts congressional findings character communist party contained statutes deprived fair trial issue character party legislative action may effect precluding fair trial impossible see delaney petitioner claim appears afterthought showing prejudice voir dire examination jurors petitioner attempted ascertain whether juror even heard enactments much less petitioner attempted juror disqualified ground record regard substantial contention finally reasons stated appeals think petitioner waived right might question method choosing grand jurors failure comply rule fed rules crim impropriety method choosing grand jurors shown judgment appeals must affirmed footnotes whoever knowingly willfully advocates abets advises teaches duty necessity desirability propriety overthrowing destroying government government state territory district possession thereof government political subdivision therein force violence assassination officer government whoever intent cause overthrow destruction government prints publishes edits issues circulates sells distributes publicly displays written printed matter advocating advising teaching duty necessity desirability propriety overthrowing destroying government force violence attempts whoever organizes helps attempts organize society group assembly persons teach advocate encourage overthrow destruction government force violence becomes member affiliates society group assembly persons knowing purposes thereof shall fined imprisoned twenty years shall ineligible employment department agency thereof five years next following conviction two persons conspire commit offense named section shall fined imprisoned twenty years shall ineligible employment department agency thereof five years next following conviction petitioner first convicted jury middle district north carolina conviction upheld appeals granted certiorari term case first heard term later set reargument term reargument judgment conviction reversed upon solicitor general concession intervening decision jencks event entitled scales new trial scales retried convicted appeals affirmed brought case argument present writ first heard term case set reargument following term order propounded certain questions counsel requested particularly address reargument certiorari granted communist party subversive activities control board decided today ante certain statutory constitutional issues closely related scales case interrelation two cases deemed advisable heard considered together accordingly put case argument communist party case present term remaining provisions smith act repealed reporting disclosure act stat affidavits filed union officers offenses created internal security act instance report also stated nowhere bill restrict impair constitutional privilege fifth amendment whether registration infringes upon privilege ith respect individual members person may compelled register keep records make reports statements concerning activity state properly may regulate protected therefrom privilege becomes purely academic however light specific bar written section pp senator lehman arguing bill required stated already statute books laws control penalize subversive activities also smith act recently upheld appeals makes membership communist party prima facie evidence criminal intent egistration constitute terms law terms smith act cong rec impression hearing senator new york yesterday said previous statute unlawful belong organization advocated overthrow government force previous act made unlawful one member organization senator ferguson true judge medina charge jury trial communists told mere membership communist party sufficient warrant jury convicting smith act petitioner present case correctly notes reference dennis case involving indictment conspiracy advocate membership clause smith act mundt one proponents original bill precisely ferguson apply law mundt conceivably apply still incorrect interpretation smith act cong rec arresting hear senator new york declare tuesday smith act makes membership communist party prima facie evidence criminal intent course statement smith act making membership communist party prima facie evidence criminal intent simply foundation fact course order make statement like one made man must read judge medina scholarly charge jury specifically pointed communist membership affiliation defendants part charged offense president subsection provides follows neither holding office membership shall constitute violation subsection hope senator new york may find time read section whole hope may see fit tell senate whether still thinks communists obviously indictable subject imprisonment section cong rec emphasis supplied perhaps closest come suggestion repeals pro tanto smith act statement representative multer new york opponent measure debate final version bill another bad provision bill new house first sentence venture predict bill becomes law vitiate one important parts smith law give new argument defense communists recently convicted federal new york crimes proscribed smith law cong rec similar argument bill senator kilgore cong rec petitioner makes reference legislative history amendment communist control act introduced passed modifications hurried confused debate houses amendment proposed senator humphrey provided criminal knowingly wilfully become remain member communist party organization whose purpose overthrow government force violence amendment opposed proponents internal security act among others grounds impair effectiveness act possibly rendering registration provisions act unconstitutional seems clear result conceived flow fact amendment mentioned communist party name thus making registration tantamount admission crime representative halleck majority leader opposed amendment put internal security act worked careful consideration smith act indictments convictions communist leaders acts books established peaking internal security act said essential validity careful plan however provision section act apparent enactment legislation making membership communist party per se crime direct conflict provisions internal security act membership alone made criminal require declare membership require give evidence nullifying portion act entire operation jeopardized words permits outlawing communist party maintaining internal security act smith act acts deal realistically communist conspiracy cong rec november november see person shall deprived life liberty property without due process law congress shall make law abridging freedom speech press right people peaceably assemble petition government redress grievances government undertakes defend statute absence either elements ultimate constitutional position rests presence criminal prosecutions accused shall enjoy right informed nature cause accusation see note infra statute allows fine imprisonment ten years imposed makes one convicted statute ineligible employment department agency thereof five years following conviction petitioner sentenced imprisonment six years element activity proscribed membership stands apart ingredient guilty knowledge former may shown defendant participation general party affairs whereas latter requires linking organization illegal activities compare whitney california burns sustaining state convictions organizing membership provisions california criminal syndicalism act complicity defined thus person accomplice another person commission crime purpose promoting facilitating commission crime commanded requested encouraged provoked person commit aided agreed aid attempted aid person planning committing acting knowledge person committing purpose committing crime knowingly substantially facilitated commission american law institute model penal code tentative draft formulation restates statutory provisions generally found jurisdictions see code vernon texas pen code art cf criminal code canada tremeear noted membership clause construed limited subsection provision since enough one knowingly facilitated substantive criminal conduct must also present specific purpose facilitating problems attributing criminal behavior abstract entity rather specified individuals though perhaps difficult theoretically practical matter resolve problems proof whether successfully shown particular group engages forbidden advocacy must depend nature organization occasions advocacy took place frequency occasions position within group persons engaging advocacy see pp infra understood way great difference charge member group engages criminal conduct member large conspiracy many whose participants unknown whatever difficulties might thought inhere ascribing course criminal conduct abstract entity certainly cured far particular defendant concerned requirement proof knew organization engages criminal advocacy purpose criminal advocacy see generally hart aims criminal law law contemp prob compare concurring opinion justice brandeis whitney california sides appear agree clear present danger doctrine viewed applied dennis supra also reaches membership clause smith act since petition certiorari tenders issue method applying consider either question statute gives power upon review direct entry appropriate judgment may circumstances petitioner complains evidence party activities emanating witnesses lautner hartle duran jones inadmissible tied confuses nature offense congress created important preliminary matter without adverting particular defendant prosecution prove character organization charged member side petitioner claim score entail giving greater conclusive weight petitioner admissions nature party merely defendant case illogical preliminary question excluding evidence connected petitioner evidence scales words deeds weighty strong party position party defendant stated clontz scales said expect soviet union land troops start revolution finish scales said experience taught communists sort approach disastrous china communists sent russian generals result chinese communists licked completely new approach soviet union shown example mao leader communist chinese government pointed mao never even russia instead soviet union soviet communist party sent military leaders instruct mao leaders sent professional revolutionaries aid bringing revolution said count drawing experience soviet union also furnish us revolution came experienced revolutionaries russia one point course instructing clontz wilkerson wrote formula told clontz illustrated position adopted appellate courts teaching equalled force violence clontz testified doxey wilkerson explained since formula established action taken national party conceal fact principles goal aims doctrines included forceful violent revolution pointed example official statement issued education commission communist party disowning disclaiming certain study outlines certain texts certain publications put communist party fact order ordered communist party members turn statement said particular date recall exact date said henceforth recognize official party publications said accomplished two things first established technicality communists trial attorneys party longer accepted said included teachings concept basis violent revolution said secondly unduly hamper communist party future many things left unsaid previously said many things left unwritten previously written example teaching bare outline given instructor fill revolutionary part students sent works references find revolution without spelled outline said naturally change basic party goal basic aims communist party make difficult communists convicted one thing recall discussion given pamphlet study outline entitled white chauvinism pointed said instructing outline technically illegal communists disclaimed holding illegal document actually one childs early tasks assigned district organizer communist party member serve bodyguard visiting official civil rights congress official accompanied childs petitioner spoke chapel hill february korean war theme according childs korean war used capitalists means oppressing negro people capitalists sending negroes korea fight korean people trying fight rights negro people south childs took notes speech testified official exact words korea still called niggers niggers refusing men slaughtered lieutenant gilbert one example say nigger yellow yellow give niggers north carolina georgia rifles tell fight rights yellow man see fighting like never seen trial charged moreover teaching abstract teaching objectively teaching discussing explaining expounding meant aim purpose author group society overthrowing government force violence criminal example study discussion communist party group classrooms study groups public private meetings object informing participants audience aims purposes doctrines marx lenin stalin communist party entirely lawful furthermore without criminal communist party privately publicly endeavor persuade members adopt espouse belief government overthrown force violence speedily circumstances permit advocating idea advocating idea crime moreover without transgressing smith act party might even instruct members good benefit belief idea carried effect permissible utterances protected first amendment federal constitution guaranteeing freedom speech however party went intention overthrowing government force violence taught advocated rule principle action one called members take forcible concrete action advantageous time thereafter overthrow government force violence two expressed call written oral words reasonably ordinarily calculated incite members take concrete forcible action overthrow communist party party became society group outlawed smith act criminal teaching advocacy call action described need immediate action action today tomorrow next month next year criminal nonetheless action unnamed time future fixed circumstances signal party criminal call upon members ready stand readiness action summons action favorable opportune time future speedily circumstances permit provided always urging readiness words reasonably ordinarily calculated spur person ready take action towards overthrow government advocacy urging addressed must urged something future rather merely believe something words advocacy must concrete action merely belief abstract doctrine however immediate concrete action urged intended lead towards forcible overthrow understood advocacy addressed although particularized evidence related events within limitations period course open jury proper instructions given infer events reflected character party advocacy limitations period petitioner contend contrary trial charged defendant admits member party membership criminal however sufficient simply member must nominal passive inactive purely technical membership determining whether active inactive member consider much time efforts devoted party active must devoted substantial part time efforts party justice black dissenting petitioner convicted violation membership clause smith act imposes penalty twenty years imprisonment together fine upon anyone becomes member affiliates society group assembly persons teach advocate encourage overthrow existing government force violence knowing purposes thereof rejecting numerous contentions urged reversal upholds sentence imposed upon petitioner authority prior decisions dennis yates reasons dissenting decision primarily set justice brennan subversive activities control act bars prosecutions membership clause smith act justice douglas first amendment absolutely forbids congress outlaw membership political party similar association merely one philosophical tenets group existing government force distant time future circumstances may permit however two additional points think also mentioned attempt bring issue constitutionality membership clause smith act within authority dennis yates cases practically rewritten statute petitioner stands convicted treating requirements activity specific intent implicit words plainly include petitioner conviction upheld though membership clause always contained requirements seems clear neither petitioner anyone else ever guessed law held mean holds mean reason appears petitioner convicted law best unconstitutionally vague worst ex post facto therefore deprived right tried clearly defined law land guaranteed due process clause think conviction reversed ground secondly think important point manner case nature balancing test presently use justify refusal apply specific constitutional protections bill rights recent cases balanced away protections first amendment suggested justified application test direct abridgment first amendment freedoms involved abridgment cases opinion nothing incident informed exercise valid governmental function possible implication suggestion confronted call direct abridgment speech apply balancing test enforce protections first amendment according terms case causes doubt implication justified petitioner sent jail express reason associated people entertained unlawful ideas said unlawful things course direct abridgment freedoms speech assembly definition ever used term nevertheless even admittedly direct abridgment relies upon prior decisions effect government power abridge speech assembly interest sufficient outweigh interest protecting first amendment freedoms think demonstrates unlimited breadth danger balancing test currently applied majority test question every case first amendment right asserted whether abridgment right whether abridgment right intentional part government whether way government accomplish lawful aim without invasion constitutionally guaranteed rights people rather simply whether government interest abridging right involved whether interest sufficient importance opinion majority justify government action doctrine say least capable used justify almost action government may wish take suppress first amendment freedoms fact rewriting statute case narrowed statute rather broadened change conclusion petitioner right constitutionality statute considered basis upon originally written condition statute violated danger practice engaging pointed decision companion case communist party subversive activities control board ante imposes burden upon members party guess sections subversive activities control act held unconstitutional difficulty burden tremendously increased decision case know many kind additional requirements found implied placed balance constitutionality questionable provisions act determined cohen hurley dissenting opinion see also konigsberg state bar california dissenting opinion konigsberg state bar california see also uphaus wyman barenblatt uphaus wyman wilkinson braden anastaplo cases disagreed still majority characterization abridgment involved incidental understand term significance first amendment cases see particularly dissenting opinion konigsberg case supra decisions cases upon relies rested balancing test see dennis supra yates supra justice douglas dissenting allow petitioner sentenced prison six years member communist party make sharp break traditional concepts first amendment rights make serious mark twain comment goodness god country three unspeakably precious things freedom speech freedom conscience prudence never practice either even alien sedition laws shameful reminders early chapter intolerance never went far go today aimed conspiracy advocacy insurrection publication false scandalous malicious writing government stat government sought control press order strike one chief sources disaffection sedition miller crisis freedom charge conspiracy charge overt act overthrow government force violence charge criminal act charge member communist party advocated overthrow government force violence said defendant intending bring overthrow force violence speedily circumstances permit falls far short charge conspiracy conspiracy rests intention alone agreement one others promote unlawful project falcone direct sales charge kind sort agreement hitherto embraced concept conspiracy made legalize today guilt association sending man prison committed unlawful act today break tradition serious one borrows totalitarian philosophy stated national security individual freedom pp smith act made unlawful person become member affiliate society group assembly teaches advocates encourages overthrow destruction government force violence statutes smith act together amendment immigration law act june stat therefore imported law alien doctrine guilt association time regarded abhorrent never recognized either courts department justice even perils excitements first world war one single illegal act charged petitioner essence crime covered indictment merely belief belief proletarian revolution belief communist creed spinoza summed sentence much history struggle man think speak believes laws decree every one must believe forbid utterance opinion often enacted confirm enlarge power dared suffer free inquiry made perversion authority turned superstition mob violence opponents tractatus london thought man shall tried devil knoweth thought man said chief justice brian pasch edw iv pl crime belief presently prosecuted carryback old law treason men punished compassing death king law employed suppression political opposition expression ideas beliefs distasteful power hurst historic background treason clause fed rejected treason clause constitution praised reason prevented use treason trials instrument political faction sedition treason realm politics heresy ecclesiastical field long centered beliefs abhorrent criminal act struggle side atlantic get rid concept punish men thought overt acts peace nation cramer montesquieu force thinking times proclaimed punishing thoughts words law passed england henry viii whoever predicted king death declared guilty high treason law extremely vague terror despotic power great recoils upon exercise king last illness physicians venture say danger surely acted right marsyas dreamed cut dionysius throat dionysius put death pretending never dreamed thing night thought day tyrannical action though subject thoughts yet made attempt towards laws take upon punish overt acts spirit laws vol pp words constitute act remain idea philosophy behind board education barnette intellectual individualism rich cultural diversities owe exceptional minds price occasional eccentricity abnormal attitudes harmless others state deal price great freedom differ limited things matter much mere shadow freedom test substance right differ things touch heart existing order fixed star constitutional constellation official high petty prescribe shall orthodox politics nationalism religion matters opinion force citizens confess word act faith therein circumstances permit exception occur us essence institutions liberty recognized guilt personal attributed holding opinion mere intent absence overt acts whenever form government becomes destructive ends right people alter abolish institute new government laying foundation principles organizing powers form shall seem likely effect safety happiness right people sufficiently numerous national independence throw revolutionize existing form government establish stead may choose basler vol ii collected works abraham lincoln course government move take arms course constituted authority right deal prosecution scales legality ideas beliefs overt acts speaks prevention dangerous behavior punishing work bring behavior formula returns man dark days government determined behavior dangerous policed dissidents signs advocacy dangerous behavior must suppressed vivid history even continent british colonial philosophy summed sir william berkeley served virginia governor thank god free schools printing hope shall hundred years learning brought disobedience heresy sects world printing divulged libels best government god keep us hening stat history familiar much reviewed chafee blessings liberty one paragraph think jeffersonian conception first amendment rights involved present case must choose freedom fear citizens persist afraid real rulers country fanatics fired zeal save grown men objectionable ideas putting care official nursemaids also runs counter madison views first amendment advised eminent biographer irving brant madison wrote congress shall make law infringing rights expect decide balance whether congress make law infringing true observed presenting proposals state legislative bodies violated many valuable articles bills rights furnished basis judging effectiveness proposed amendments incorporated constitution independent tribunals justice consider peculiar manner guardians rights impenetrable bulwark every assumption power legislative executive naturally led resist every encroachment upon rights expressly stipulated constitution declaration rights statement madison along rest speech devastating balance theory efforts made discredit authenticity annals congress said official document compilation stenographic reports shorthand reporter admitted floor purpose published press containing numerous errors true although chief complaint partially caught sentences meaningless general clearly reported truly reported case speech madison spoke notes notes handwriting library congress parallel speech end end scantily leaving doubt fundamental faithfulness report madison heritage rev trend history jefferson noted rights man wrote natural progress things liberty yield government gain ground formula prepared society ideas flourished punishment unorthodox education enlightenment masses jefferson wrote madison december friend energetic government always oppressive places governors indeed ease expense people late rebellion massachusetts given alarm think done calculate one rebellion thirteen course eleven years one century half country long without one degree power hands government prevent insurrections england hand power heavier us seldom half dozen years without insurrection france still heavier less despotic montesquieu supposes countries always two three hundred thousand men ready crush insurrections three course three years every one greater numbers engaged massachusetts great deal blood spilt turkey sole nod despot death insurrections events every day compare ferocious depredations insurgents order moderation almost say finally whether peace best preserved giving energy government information people last certain legitimate engine government educate inform whole mass people enable see interest preserve peace order preserve requires high degree education convince sure reliance preservation liberty indifferent arguments bismarck said good one majority bayonets also true one votes appendix opinion justice douglas provisions considered several state courts held general right people alter abolish government deprive state courts passing validity constitutional amendments peacefully passed wells bain koehler lange hill iowa bennett jackson ind erwin nolan mo recently several state courts occasion consider provisions connection persecution communists see commonwealth widovich state sedition act nelson wyman legislative investigation braverman bar assn md disbarment lawyer convicted smith act last two decisions relied language decision dennis whatever theoretical merit may argument right rebellion dictatorial governments without force existing structure government provides peaceful orderly change yet right revolution always meant words said wells bain supra embrace three known recognised modes whole people state give consent alteration existing lawful frame government viz mode provided existing constitution law instrumental process raising body revision conveying powers people revolution first two peaceful means consent people alteration obtained existing government consents displaced without revolution government gives consent either pursuing mode provided constitution passing law call convention consent given existing government remedy people third mode revolution lincoln full statement made already referred reads people anywhere inclined power right rise shake existing government form new one suits better valuable sacred right right hope believe liberate world right confined cases whole people existing government may choose exercise portion people may revolutionize make much teritory sic inhabit majority portion people may revolutionize putting minority intermingled near may oppose movement minority precisely case tories revolution quality revolutions go old lines old laws break make new ones basler collected works abraham lincoln pp following equator vol prototype present prosecution found communist lands communist government czechoslovakia october promulgated law provided whoever publicly several people instigates republic independence constitutional unity territorial integrity people democratic system government social economic order national character guaranteed constitution shall punished minor crime rigorous confinement three months three years following shall punished like manner whoever intentionally gross negligence makes dissemination instigative statement specified subsection possible easy vol honest men impelled withdraw allegiance established law custom community still persuaded law custom iniquitous longer tolerated seek principle generally valid law higher authority established law custom community higher law generally valid principle appeal justification actions community condemns immoral criminal formulate law principle way seems rationally defensible true brings actions harmony rightly ordered universe enables think chosen nobler part withdrawn corrupt world order serve god humanity force makes highest good becker declaration independence pp see appendix opinion post writings thomas jefferson memorial ed writings thomas jefferson memorial ed pp gellhorn american rights commenting dennis yates aftermath yates case interesting end convictions communist leaders smith act numbered many cases still pending appellate courts yates decision announced june one ground another convictions set aside new trials granted many defendants department justice dropped prosecution considerable number ground properly convicted basis evidence available significantly cases nine remaining defendants yates refused dismiss charges abandoned prosecution insufficient evidence advocated action distinct opinion clamor expressed alarm peril plunged handful misguided fanatics prosecution felt unable show persuasively communist spokesmen engaged forbidden incitements illegality stimulate sober second look surface attractions programs suppression coercion occasionally supporters programs scoundrels falsely parade upholders democracy often good sincere men men genuinely devoted worthy ends sometimes endorse efforts force unanimity sentiment consciously espouse authoritarianism hope thus assure maximum support nation people matter well intentioned may however efforts create graver danger overcome perils sought suppressed regularly overestimated history shows one example another excessive fears earlier generations shuddered menaces benefit hindsight know mere shadows induce modern generation view prudent skepticism recurrent alarms fatal potentialities dissent event world torn merits freedom blandishments totalitarian power lovers freedom afford sacrifice moral superiority adopting totalitarian methods order create sense security suppression accepted way life likely spread reinforces herd urge toward orthodoxies kinds religious economic moral well political pp mr think internal security act congress legislated immunity prosecution membership clause smith act first sentence neither holding office membership communist organization person shall constitute per se violation subsection subsection section criminal statute immunity granted sentence view restricted holds mere membership membership nominal passive theoretical immunity also extends active purposive membership purposive organization criminal ends character membership today restricts application membership clause smith act approach relation first sentence membership clause smith act think asks wrong question question whether congress meant repeal membership clause smith act repeal statute connotes erasure statute books grant immunity prosecution criminal statute merely suspends prosecution statute long immunity withdrawn example recently decided reina narcotic control act legislated immunity prosecution state well federal narcotics laws decision remotely suggest immunity effected repeal either state federal criminal statutes congress faced dilemma legislating policy compulsory registration communists internal security act statute represented words late john davis policy ventilation rather prohibition communists forced expose public view order menace present might dealt effectively registration provisions act vitals measure compulsory disclosure membership compel admission crime provide link proof crime communists invoke constitutional right silence registration provisions wrecked rock clause fifth amendment disparagement congress say deliberations reflect great uncertainty resolve dilemma congress wrote internal security act knowing privilege solid barrier compulsory congressional fiat legislative history murky think clearly emerges congressional decision extend immunity prosecution membership communist organization order safeguard constitutional frustration policy disclosure embodied registration provisions purpose first sentence seems clear setting act congress describes communist party group bent overthrowing government force violence described smith act establishing totalitarian dictatorship section makes crime conspire end sections provide compulsory registration communist organizations members penalties registering imposed members required register act membership crime act violation fifth amendment might required registration requirements act plainly problem congress dealt bills introduced congress provided compulsory registration members communist party afforded immunity registering house committee reported bill provision included forbade receipt evidence fact registration internal security act bill reached floor congressman celler pointed immunity provision constitutionally insufficient first place bill provided fact registration act received evidence registrant prosecutions act congressman celler pointed criminal statutes including smith act immunity granted secondly pointed immunity constitutionally protective must complete discussed counselman hitchcock support thesis debates response challenge made congressman celler manager bill congressman wood offered amendment extending protection prosecutions alleged violation criminal statute adopted without discussion bill passed house juncture seems obvious restricting immunity use fact registration criminal prosecution satisfy constitutional requirements limited immunity granted statute counselman hitchcock supra yet stated case course protected use testimony property prosecution property criminal proceeding effect prevent use testimony search testimony used evidence property criminal proceeding prevent obtaining use witnesses evidence attributable directly testimony might give compulsion might convicted otherwise refused answer possibly convicted senator lehman spoke effect bill reached floor support statement made senator illinois real communists simply fail register forced register outside control officials fact every reason real communist register register make liable incrimination smith act douglas certainly lehman virtually pleading guilty penal offense douglas yes real leaders communist run nearest registration office list expose penalties contained bill obviously lose effectiveness communist besides subjecting penalties set forth bill also expose penalties set forth laws smith act top communist leaders recently convicted fact registration constitute terms law terms smith act obviously communists register registration equivalent testimony interpretation prominent attorneys prosecuted smith act change bill made respect passed senate important changes ones critical took place conferences contemporary statement intended sweep revised legislative record set enough history indicate motivation clearly fear immunity granted earlier versions bill constitutionally sufficient compel registration since extend prosecutions membership clause smith act bill came back conference committee congressman multer referred new form predicted vitiate one important parts smith law reply made comments brief reference made senate senator kefauver said nothing bill provides person registers fact shall used evidence connection smith act statement irrelevant problem senator apparently realize bill amended conference include words criminal statute senator kilgore stated conference bill differed one approved judiciary committee dissent since nullified smith act one challenged statement legislative history seems tolerably clear one purpose protect registrants prosecution membership clause smith act holds however first sentence simply mandate courts charged construction subsections criminal statute neither two named criminal provisions shall construed make membership per se violation phraseology immunity extended membership per se might support argument immunity granted extends nominal membership excluding type active membership statute say membership per se provides either holding office membership communist organization shall constitute per se violation subsection subsection section criminal statute kind membership given immunity restricted may nominal inactive active membership every type membership included congress saying type membership shall violate alone say per se criminal statute congress said membership shall constitute per se violation criminal statute meant additional conduct besides membership whatever nature necessary constitute violation transposing per se making modify membership argument made plausible entails substantial revision act drastic dilution rights immunity granted correct view constitutionality registration provisions act called question true today decision communist party america subversive activities control board ante puts another day constitutionality registration provisions conflict fifth amendment noted dissent provision registration requirements designated officials party must complete sign file party registration statement active membership remains crime smith act serious question whether communist active nominal constitutionally compelled register act urged act registering supply one link might complete chain evidence smith act answer contention mere membership support conviction said blau whether admissions support conviction criminal statute immaterial answers questions asked grand jury furnished link chain evidence needed prosecution petitioner violation conspiracy violate smith act prior decisions clearly established circumstances constitution gives witness privilege remaining silent attempt courts compel petitioner testify runs counter fifth amendment interpreted beginning registration provisions act heart law disclosure communists provision controls stemmed senate report stated registration requirement central provision act purpose expose communist movement protect public innocent unwitting collaboration expose protect public certain acts declared unlawful fair literal reading save act fifth amendment objection reading provide member communist party shall constitute per se crime immunity prosecution membership clause smith act effected full harmony purpose make something membership necessary conviction something kind unlawful activity act passed membership without activity longer sufficient smith act prosecutions seems fair way read conclusion necessarily requires dismissal indictment senator mccarran floor manager bill senate spoke exposure communists one principal objectives bill cong rec principal objective definition certain conduct criminal sense congress existing provisions preserve security nation inadequate cong rec effective combat threat subversion within criminal provisions internal security act broad comprehensive section prohibits conspiracy perform act substantially contribute establishment totalitarian dictatorship direction control foreign power section makes unlawful government employee without authorization communicate classified information anyone believes representative foreign government member communist organization prohibits receipt information section prohibits communist organization using mails broadcasting radio television station without designating printing envelope announcement case may communist organization member communist organization registered ordered register subversive activities control board knowledge notice registration order fail disclose membership seeking accepting employment defense facility also unlawful person hold employment defense facility member organization person apply use passport act also modified several existing statutes dealing subversives espionage order expand coverage extensive criminal provisions belie thought congress regarded smith act main gun arsenal antisubversive weapons many allusions fact communists covert activities avoid coming within provisions smith act make clear act major importance campaign domestic communists sess sess sess see cong rec sess pp pt pp cong rec reference apparently charles evans hughes john davis statement davis referred note supra hughes found hearings senate committee judiciary sess opinion chairman committee judiciary provision leans backward protect communists one many safeguards written bill judiciary committee assure complete constitutionality measure see also long impression hearing senator new york lehman yesterday said previous statute unlawful belong organization advocated overthrow government force ferguson true judge medina charge jury trial communists told mere membership communist party sufficient warrant jury convicting smith act mundt precisely ferguson apply law mundt conceivably apply even impression junior senator louisiana correct still incorrect interpretation act conf cong rec ibid