yates argued decided june petitioners leaders communist party california indicated federal district smith act conspiring advocate teach duty necessity overthrowing government force violence organize communist party society persons advocate teach intent causing overthrow government force violence speedily circumstances permit indictment charged conspiracy originated continued date indictment carrying petitioners become members officers communist party knowledge unlawful purposes assume leadership carrying policies activities cause organized units party california elsewhere write publish articles advocacy teaching conduct schools indoctrination party members advocacy teaching recruit new party members particularly among persons employed key industries nation also alleged overt acts furtherance conspiracy petitioners convicted jury trial convictions sustained appeals held convictions reversed cause remanded district directions enter judgments acquittal five petitioners grant new trial others pp since communist party came indictment returned statute limitations run organizing charge required withdrawal part indictment jury consideration pp applying rule criminal statutes construed strictly word organize used smith act construed referring acts entering creation new organization acts thereafter performed carrying activities even though latter may loosely termed organizational pp trial mistaken construction word organize harmless error circumstances call application rule requires verdict set aside supportable one ground another impossible tell ground jury selected pp smith act prohibit advocacy teaching forcible overthrow government abstract principle divorced effort instigate action end trial charge jury furnished wholly inadequate guidance central point case conviction allowed stand dennis distinguished pp evidence five petitioners clearly insufficient acquittal ordered others justify closing way retrial pp determinations favorable petitioner schneiderman made schneiderman denaturalization proceeding prevailing party conclusive proceeding doctrine collateral estoppel entitled judgment acquittal ground federal trade commission cement institute pp together schneiderman richmond et al also certiorari ben margolis argued cause petitioners brief norman leonard alexander schullman wirin leo branton robert kenny argued cause petitioner brief benjamin dreyfus augustin donovan argued cause filed brief petitioners philip monahan argued cause brief solicitor general rankin assistant attorney general tompkins harold koffsky briefs amici curiae urging reversal filed david shapiro osmond fraenkel fred okrand american civil liberties union thomas mcbride kuzma et telford taylor hall nos justice harlan delivered opinion brought cases consider certain questions arising smith act heretofore passed upon otherwise review convictions petitioners conspiracy violate act among things convictions claimed rest upon application smith act hostile principles upon constitutionality upheld dennis petitioners stand convicted jury trial district southern district california upon single count indictment charging conspiring advocate teach duty necessity overthrowing government force violence organize communist party society persons advocate teach intent causing overthrow government force violence speedily circumstances permit act june stat conspiracy alleged originated continued date indictment indictment charged carrying conspiracy defendants become members officers communist party knowledge unlawful purposes assume leadership carrying policies activities cause organized units party california elsewhere write publish daily worker party organs articles proscribed advocacy teaching conduct schools indoctrination party members advocacy teaching recruit new party members particularly among persons employed key industries nation overt acts furtherance conspiracy alleged upon conviction petitioners sentenced five years imprisonment fine appeals affirmed granted certiorari reasons already indicated view take case necessary us consider following petitioners contentions term organize used smith act erroneously construed two lower courts trial instructions jury erroneously excluded case issue incitement action evidence insufficient require direct acquittal petitioners petitioner schneiderman conviction precluded judgment schneiderman doctrine collateral estoppel reasons given hereafter conclude convictions must reversed case remanded district instructions enter judgments acquittal certain petitioners grant new trial rest term organize whoever organizes helps attempts organize society group assembly persons teach advocate encourage overthrow destruction government force violence hall fined imprisoned ten years rule penal laws construed strictly perhaps much less old construction founded tenderness law rights individuals plain principle power punishment vested legislative judicial department legislature define crime ordain punishment said notwithstanding rule intention law maker must govern construction penal well statutes true new independent rule subverts old modification ancient maxim amounts though penal laws construed strictly construed strictly defeat obvious intention legislature maxim applied narrow words statute exclusion cases words ordinary acceptation sense legislature obviously used comprehend intention legislature collected words employ ambiguity words room construction case must strong one indeed justify departing plain meaning words especially penal act search intention words suggest determine case within intention statute language must authorise us say dangerous indeed carry principle case within reason mischief statute within provisions far punish crime enumerated statute equal atrocity kindred character enumerated principle ever recognized expounding criminal law cases considerable irritation unsafe consider precedents forming general rule cases legislative history smith act revealing congress meant organize statute government urges organize given broad meaning since acceptance term narrow sense require attributing congress intent provision statute apply communist party existed argument since communist party existed born smith act passed use organize narrow sense meant provisions statute never reached act organizing communist party except fortuitous rebirth party occurrence course foreseen says government hardly congressional purpose since smith act whole particularly aimed communist party organizing provisions especially directed leaders movement find argument unpersuasive legislative history smith act show concern communism strong factor leading legislation also reveals statute patterned state laws directed communists anarchists syndicalists aimed equally groups falling within scope important evidence whatever support thesis organizing provision statute written particular reference communist party indeed congressional hearings indicate advocating teaching provision act rather organizing provision especially thought reach communist activities appear reasons ascribing organize government broad interpretation understandable congress wished supplement general provisions smith act special provision directed activities responsible creating new organization proscribed type situation involved dennis case find nothing suggests organizing provision intended reach beyond embrace activities concerned carrying affairs already existing organization activities already amply covered provisions act membership clause basic prohibition advocacy conjunction conspiracy provision thus need stretch organizing provision fill gaps statute moreover difficult find considerations comparable relating persons responsible creating new organization led congress single special treatment persons occupying organizational positions existing organization especially section statute proscribes membership organization without drawing distinction holding executive office others hand also find unpersuasive petitioners argument intent congress support narrower meaning organize argue smith act patterned california criminal syndicalism act california courts consistently taken organize act narrow sense cases willis eastern trust banking joines patterson presumed congress adopting wording california act intended organize meaning given california courts hearings smith act show however particular prototype new york criminal anarchy act california statute organizing provisions new york act never construed moreover extent language california statute patterned earlier new york legislation might significant think little weight given california decisions general rule adoption wording statute another legislative jurisdiction carries previous judicial interpretations wording presumption legislative intention varies strength similarity language established character decisions jurisdiction language adopted presence lack indicia intention carolene products three california cases relied petitioners decisions lower courts absence anything legislative history indicating called attention assume congress aware thus left determine meaning provision smith act without revealing guides intent congress circumstances follow familiar rule criminal statutes strictly construed give organize narrow meaning word refers acts entering creation new organization acts thereafter performed carrying activities even though acts may loosely termed organizational see wiltberger supra lacher gradwell fasulo indeed normal usage word organize decisions case federal trial courts question arisen uniformly gave meaning see flynn unreported aff mesarosh supp aff dissenting opinion hastie see also dennis unreported aff think statute read according natural obvious import language without resorting subtle forced construction purpose either limiting extending operation temple government contends even trial mistaken construction statute error harmless conspiracy charged embraced advocacy violent overthrow organizing communist party jury instructed order convict must find conspiracy extending objectives hence argument jury must event taken found petitioners guilty conspiring advocate convictions supportable basis alone accept proposition number reasons portions trial instructions relied government sufficiently clear specific warrant drawing inference jury understood must find agreement extending advocacy organizing order convict order convict jury required charged find overt act knowingly done furtherance object purpose conspiracy charged indictment way knowing whether overt act found jury one believed furtherance advocacy rather organizing objective alleged conspiracy character overt acts alleged associates readily organizing advocacy circumstances think proper rule applied requires verdict set aside cases verdict supportable one ground another impossible tell ground jury selected stromberg california williams north carolina cramer conclude therefore since communist party came indictment returned statute limitations run organizing charge required withdrawal part indictment jury consideration samuel see also haupt stromberg california supra ii instructions jury print margin pertinent parts trial instructions telling jury convict defendants holding expressing mere opinions beliefs predictions relating violent overthrow trial defined content proscribed advocacy teaching following terms crucial advocacy teaching include urging force violence means overthrowing destroying government within issue indictment constitute basis finding defendants kind advocacy teaching charged upon verdict must reached merely desirability necessity government overthrown destroyed force violence merely propriety duty overthrow destroy government force violence thus faced question whether smith act prohibits advocacy teaching forcible overthrow abstract principle divorced effort instigate action end long advocacy teaching engaged evil intent hold distinction advocacy abstract doctrine advocacy directed promoting unlawful action one consistently recognized opinions beginning fox washington schenck distinction heavily underscored gitlow new york statute involved nearly identical one us despite narrow view taken first amendment said statute penalize utterance publication abstract doctrine academic discussion quality incitement concrete action abstract doctrine overthrowing organized government unlawful means denounced statute advocacy action accomplishment purpose manifesto language direct incitement jury warranted finding manifesto advocated merely abstract doctrine overthrowing organized government force violence unlawful means action end clear utterances inciting overthrow organized government unlawful means present sufficient danger substantive evil bring punishment within range legislative discretion clear government reliance decision dennis misplaced jury instructions refused given referred requiring jury find facts essential establish substantive crime emphasis added true one point late chief justice opinion stated smith act directed advocacy discussion clear reference advocacy action ideas next sentence opinion emphasizes jury properly instructed conviction advocacy realm ideas two concurring opinions case likewise emphasize distinction concerned failing distinguish advocacy forcible overthrow abstract doctrine advocacy action end district appears led astray holding dennis advocacy violent action taken future time enough seems considered since inciting speech usually thought something calculated induce immediate action since dennis held advocacy action future overthrow sufficient meant advocacy irrespective tendency generate action punishable provided uttered specific intent accomplish overthrow words district apparently thought dennis obliterated traditional dividing line advocacy abstract doctrine advocacy action misconceives situation confronting dennis held although jury verdict interpreted light trial instructions justify conclusion defendants advocacy directed created danger immediate overthrow establish advocacy aimed building seditious group maintaining readiness action propitious time circumstances said chief justice vinson government need hold hand putsch executed plans laid signal awaited government aware group aiming overthrow attempting indoctrinate members commit course whereby strike leaders feel circumstances permit action government required essence dennis holding indoctrination group preparation future violent action well exhortation immediate action advocacy found directed action accomplishment forcible overthrow violence principle action employing language incitement constitutionally protected group sufficient size cohesiveness sufficiently oriented towards action circumstances reasonably justify apprehension action occur quite different thing view district mere doctrinal justification forcible overthrow engaged intent accomplish overthrow punishable per se smith act sort advocacy even though uttered hope may ultimately lead violent revolution remote concrete action regarded kind indoctrination preparatory action condemned dennis one concurring opinions dennis put throughout decisions recurred distinction statement idea may prompt hearers take unlawful action advocacy action taken nothing dennis makes historic distinction obsolete appeals took different view district seemingly recognizing proscribed advocacy must associated way action instructions given jury fell short respect considered instructions trial refused unnecessary instance establishment conspiracy charged general conspiracy statute required proof overt act whereas dennis conspiracy charged smith act overt act required words appeals thought requirement proving overt act adequate substitute linking advocacy action otherwise necessary course mistaken notion overt act necessarily evidence character advocacy engaged indeed agreement advocate forcible overthrow unlawful conspiracy call advocacy action statement dennis existence conspiracy creates danger support appeals bearing mind dennis like smith act conspiracy cases thus far including one involved advocacy already taken place advocacy still occur clear context phrase quoted referred basic agreement advocate mere fact indictment period petitioners activities result attempt overthrow government force violence course answer fact group ready make attempt formation petitioners highly organized conspiracy rigidly disciplined members subject call leaders petitioners felt time come action coupled world conditions disposes contention conspiracy advocate distinguished advocacy constitutionally restrained comprises preparation existence conspiracy creates danger ingredients reaction present bind government wait catalyst added emphasis supplied reference term conspiracy context agreement accomplish overthrow future time implicit jury findings instructions given rather agreement speak dennis thus concerned conspiracy engage future time seditious advocacy rather conspiracy advocate presently taking forcible action future action advocacy postponed circumstances permit intimate views whether conspiracy engage advocacy future speech thus separated action one remove punishable smith act think thus lower courts misconceived dennis light foregoing unable regard district charge upon aspect case adequate jury never told smith act denounce advocacy sense preaching abstractly forcible overthrow government think trial statement proscribed advocacy must include urging necessity duty forcible overthrow merely desirability propriety may regarded sufficient substitute charging smith act reaches advocacy action overthrow government force violence essential distinction advocacy addressed must urged something future rather merely believe something best expressions used trial equivocal since absence instructions differentiating advocacy abstract doctrine advocacy action consistent former latter regard ambiguity lessened trial say right defendants announce beliefs inevitability violent revolution advocate unpopular opinions especially unmistakable consider urging action forcible overthrow necessary element proscribed advocacy rather considered crucial question whether advocacy uttered specific intent accomplish overthrow warranted assuming jury drew instructions intended convey accept government argument district justified charging refused instructions proposed sides specified advocacy must character reasonably calculated incite forcible overthrow term argued might conveyed jury implication advocacy must immediate action granting qualification proposed instructions permissible dispel implication necessary even trial employed particular term incite nevertheless incumbent make clear fashion advocacy must action merely abstract doctrine instructions given employ word incite also avoid use terms phrases action call action rule principle action offered one form another petitioners government find lacking instructions illustrated contrasting instructions given dennis jury upon sustaining convictions case bottomed trial charged construction interpretation statute smith act charge abstract doctrine overthrowing destroying organized government unlawful means denounced law teaching advocacy action accomplishment purpose language reasonably ordinarily calculated incite persons action accordingly find defendants guilty crime charged unless satisfied beyond reasonable doubt conspired advocate teach duty necessity overthrowing destroying government force violence intent teaching advocacy rule principle action language reasonably ordinarily calculated incite persons action intent cause overthrow speedily circumstances permit emphasis added see iii evidence basis concluded evidence petitioners connelly kusnitz richmond spector steinberg clearly insufficient acquittal ordered petitioners carlson dobbs fox healey connelly lambert lima schneiderman stack yates justified closing way retrial proceed reasons conclusions outset view conclusions reached part opinion must put aside petitioners evidence relating organizing aspect alleged conspiracy except insofar bears upon advocacy charge indeed dilutes substantial way large part evidence record unmistakably indicates government relied heavily organizing charge two general observations also made evidence advocacy charge first government trial evidently proceeded theory advocacy abstract doctrine enough offend smith act whereas held advocacy forcible action proscribed second observation record government brief make clear government thesis communist party least communist party california constituted conspiratorial group membership conspiracy therefore proved showing individual petitioners actively identified party affairs thus inferentially parties tenets might well enough towards making government case advocacy abstract doctrine forcible overthrow satisfied smith act least little difficulty saying record jury justifiably conclude one tenets communist party dispute petitioners active identification party affairs comes party advocacy teaching sense call forcible action future time regard record strikingly deficient best voluminous record shows half dozen scattered incidents even loosest standards deemed show advocacy connected petitioners occurred many years period covered indictment unable regard sporadic showing sufficient justify viewing communist party nexus petitioners conspiracy charged need scarcely say however much one may abhor even abstract preaching forcible overthrow government believe forcible overthrow ultimate purpose communist party dedicated upon evidence record petitioners must judged case must look elsewhere evidence concerning communist party existence conspiracy advocate charged indictment petitioners connelly kusnitz richmond spector steinberg find adequate evidence record permit jury find members conspiracy purposes relevant sole evidence long members officers functionaries communist party california standing alone congress enacted internal security act makes case far record shows none engaged associated appear wholly lawful activities ever made single remark present someone else made remark tend prove charges connelly richmond sure los angeles executive editors respectively daily people world west coast party organ find nothing material introduced evidence newspaper advances government case moreover apart inadequacy evidence show best abstract advocacy teaching forcible overthrow party difficult perceive requisite specific intent accomplish overthrow deemed proved showing mere membership holding office communist party therefore think petitioners evidence entirely meagre justify putting new trial acquittal ordered nine remaining petitioners consider different conclusion reached testimony witness foard evidence tying fox healey lambert lima schneiderman stack yates party classes conducted san francisco area year occurred might considered systematic teaching advocacy illegal action condemned statute might found one purposes classes develop members group readiness engage crucial time perhaps war attack upon without activities sabotage street fighting order divert diffuse resistance authorities possible seize local vantage points also testimony activities los angeles area period covered indictment might considered amount advocacy action petitioners carlson dobbs linked testimony witness scarletto might found individuals considered particularly trustworthy taken underground apparatus instructed tasks useful time violent action arrived scarletto surreptitiously indoctrinated methods said moving masses people time crisis might found circumstances purpose teaching prepare members underground apparatus engage facilitate cooperate violent action directed government time ripe short record contains evidence little general program educational activity communist party included advocacy violence theoretical matter prepared say stage case impossible jury resolving conflicts favor government giving evidence san francisco los angeles episodes utmost sweep find advocacy action also engaged group involved thought particularly trustworthy dedicated suited violent tasks say evidence linking nine petitioners sort advocacy requisite specific intent tenuous justify retrial proper legal standards fox healey lambert lima schneiderman stack yates members state san francisco county boards shown closely associated ida rothstein principal teacher san francisco classes also period arranged devious conspiratorial manner holding board meetings home witness honig attended petitioners also shown time time instructions emanated boards members instructors groups lower levels none written instructions produced trial invidious might inferred additional instructions given reduced writing similarly evidence close association petitioners carlson dobbs associates superiors witness scarletto might taken indicating two petitioners knowledge apparatus scarletto active finally nine petitioners shown either made statements apparently approved statements made presence jury might take evidence participation requisite intent conspiracy advocate illegal action nine petitioners shall order acquittal leaving evidence consider advisable order avoid possible misapprehension upon new trial deal briefly petitioners contention evidence insufficient prove overt act required conviction conspiracy overt acts alleged indictment occurred within period statute limitations proved public meeting held party auspices speeches made one petitioners extolling leaders soviet union criticizing various aspects foreign policy one meetings appeal funds made petitioners contend meetings satisfy requirement statute shown act done one conspirators effect object conspiracy government concedes nothing unlawful shown said done meetings contends occurrences nonetheless sufficed overt acts jury findings think government position correct necessary overt act substantive crime charged indictment object conspiracy pierce rabinowich indeed need act taken even criminal character braverman function overt act conspiracy prosecution simply manifest conspiracy work carlson neither project still resting solely minds conspirators fully completed operation longer existence substantive offense charged object conspiracy speech rather specific action typically constitutes gravamen substantive criminal offense hold concrete action leading overthrow government required petitioners appear suggest changed nature offense altogether drastic change law drawn congress perfunctory action bringing smith act cases within upon new trial overt act must found view held furtherance conspiracy advocate rather organize prepared say one episodes relied found furtherance objective proper instructions jury find communist party vehicle alleged conspiracy promoted view acquittal steinberg first episodes alleged involved may longer relied overt act affect second episode petitioner schneiderman alleged proved participated foregoing reasons think way must left open new trial extent indicated iv collateral estoppel agreement petitioner doctrine collateral estoppel made inapplicable fact criminal case whereas prior proceedings civil character oppenheimer agree nonexistence fact may established judgment less existence words party may precluded doctrine collateral estoppel attempting second time prove fact sought unsuccessfully prove prior action sealfon need quarrel petitioner premise standard proof applicable denaturalization cases least greater applicable criminal proceedings compare helvering mitchell murphy assume without deciding substantially standards proof applicable two types cases cf klapprott nevertheless reasons appear think doctrine collateral estoppel help petitioner differ petitioner first estimate schneiderman case determined purposes doctrine collateral estoppel doctrine makes conclusive subsequent proceedings determinations fact mixed fact law essential decision commissioner sunnen tait western maryland evergreens nunan read schneiderman opinion determination essential decision schneiderman prior adopted interpretation communist party teachings featuring agitation exhortation calling present violent action accepted holding extended alternative character advocacy engaged communist party essential finding party engaged agitation exhortation calling present violent action ibid schneiderman certainly purport determine doctrinal content might times places establish books pamphlets introduced schneiderman proceeding support way inference criminality matter might thereafter used think made determinations stated limited time place issue therefore apparent determinations made schneiderman operate complete bar proceeding wholly aside fact concerned state affairs existing whereas concerned period issues present case quite different concerned whether petitioner engaged agitation exhortation calling present violent action whether later even conclusively established government neither petitioner communist party ever engaged advocacy circumstance constitute bar conviction conspiring advocate forcible overthrow government violation smith act necessary conviction advocacy present violent action proved petitioner demand judgment acquittal must therefore rejected decision federal trade commission cement institute precisely point controlling said think also disposes petitioner contention trial instructed jury certain evidentiary subordinate issues must taken conclusively determined favor argument determinations made schneiderman case wholly irrelevant case even conclude hence petitioner entitled instruction giving determinations partial conclusive effect might warrant think however doctrine collateral estoppel establish concept conclusive evidence contended petitioner normal rule prior judgment need given conclusive effect unless establishes one ultimate facts issue subsequent proceeding far merely evidentiary mediate facts concerned doctrine collateral estoppel inoperative evergreens nunan restatement judgments comment whether circumstances giving limiting instructions requested might necessary proper need determine cf bordonaro theatres paramount pictures sufficient us hold case matters fact mixed fact law necessarily determined prior judgment limited year remote issues justify exclusion evidence discretion trial judge since must new trial found necessary deal contentions petitioners fairness trial already held judgment appeals reversed case remanded district proceedings consistent opinion ordered mr agree result reached opinion except interpretation term organize used smith act agree interpretation given appeals justice brennan justice whittaker took part consideration decision case footnotes find unnecessary consider petitioners contention respect district alleged failure apply clear present danger rule well contention motions new trial continuance erroneously denied see note supra except otherwise indicated throughout opinion communist party refers present communist party disputed communist party referred indictment came later july communist political association disbanded reconstituted communist party original party founded country stat petitioners government cite following definitions organize webster new international dictionary ed furnish organs give organic structure arrange constitute interdependent parts special function act office relation respect whole systematize get working order organize army organize recruits government also gives us following funk wagnall new standard dictionary bring systematic connection cooperation parts whole bring various parts effective correlation cooperation organize peasants army petitioners cite black law dictionary follows establish furnish organs systematize put working order arrange order normal exercise appropriate functions representative john mccormack one leading proponents smith act stated subcommittee committee judiciary house representatives way bill alone aimed communists bill aimed anyone advocates overthrow government violence force hearing subcommittee house committee judiciary may serial passim organizing section supra also makes offense become member affiliate society group assembly persons knowing purposes thereof cal stat west ann cal codes penal code see people thurman cal app people thornton cal app people ware cal app laws mckinney laws penal law contexts state courts given term meaning see state ex rel childs school district whitmire cass warren barber asphalt pav mo commonwealth wm mann following decision appeals ninth circuit case organize given wider meaning two district courts circuit fujimoto reported another point supp huff yet unreported pending appeal appeals appeals sixth circuit following ninth circuit likewise given term broader meaning wellman trial score charge language indictment conspiracy two objects namely advocate teach forcible overthrow organize communist party vehicle purpose instruct jury must find conspiracy charged indictment proved beyond reasonable doubt overt acts charged alleged attendance various defendants meetings conventions alleged issuance circulation directives certain defendants two acts alleged proved party meetings unmarked advocacy type petitioners allegedly conspiring promote trial charged used smith act indictment word advocate means urge plead favor support vindicate recommend publicly word teach means instruct show guide studies holding belief opinion constitute advocacy teaching hence smith act prohibit persons may believe violent overthrow destruction government probable inevitable expressing belief whether belief reasonable unreasonable immaterial prediction prophecy advocacy advocacy teaching include urging force violence means overthrowing destroying government within issue indictment constitute basis finding defendants kind advocacy teaching charged upon verdict must reached merely desirability necessity government overthrown destroyed force violence merely propriety duty overthrow destroy government force violence word wilfully used indictment means statement declaration made act done specific intent cause bring overthrow destruction government force violence speedily circumstances permit defendants common persons living constitution general right protected first amendment hold express teach advocate opinions even though opinions rejected overwhelming majority american people right organize combine peaceably persons purpose spreading promoting opinions effectively whether agree opinions whether seem reasonable unreasonable absurd distasteful hateful bearing whatever right persons maintain seek persuade others validity inference defendants knowingly wilfully conspired charged indictment intended cause bring overthrow destruction government force violence speedily circumstances permit may drawn advocacy teaching socialism economic political social doctrines reason unpopularity doctrines reason opinion may hold respect whether doctrines opinions beliefs defendants unreasonable distasteful absurd hateful defendants common persons living constitution right protected first amendment criticize system government government even though speaking writing criticism may undermine confidence government cause increase discontent right also criticize foreign policy role played country international affairs praise foreign policy governments role played governments international affairs right defendants enjoy freedom expression unaffected whether opinions spoken published may seem crudely intemperate contain falsehoods designed embarrass government inference conspiracy advocate teach necessity duty overthrow destruction government force violence intent cause bring overthrow destruction government force violence speedily circumstances permit may drawn expressions alone petitioners proposed instructions smith act statute defendants charged conspiring violate speaks advocating teaching duty necessity overthrowing government force violence refers statements language incitement action urge immediate action overthrow existing government existing circumstances statement hand form government change future violent overthrow government become necessary right within smith act prohibition constitute basis finding defendants purposes trial person said teach advocate overthrow destruction government force violence expression designed induce action rather discussion belief expressed language circumstances used reasonably ordinarily calculated incite persons action rather merely discussion belief burden prosecution show beyond reasonable doubt common understanding existed among alleged specific content expressions amounting advocacy overthrow destruction government force violence government must show understanding included understanding advocacy language amounting incitement action take place circumstances lead probability inspire persons take action toward violent overthrow government burden met proof defendant shared certain beliefs made joint efforts persuade persons adopt matter may find content beliefs whether may agree disagree beliefs government proposed instruction construction interpretation statute charge abstract doctrine overthrowing destroying organized government unlawful means denounced law teaching advocacy action accomplishment purpose language reasonably ordinarily calculated incite persons action accordingly find defendants guilty crime charged unless satisfied beyond reasonable doubt conspired organize society group assembly persons teach advocate overthrow destruction government force violence advocate teach duty necessity overthrowing destroying government force violence intent teaching advocacy rule principle action language reasonably ordinarily calculated incite persons action intent cause overthrow destruction government force violence speedily circumstances permit government proposed instruction given trial dennis case see infra stated advocacy teaching forcible overthrow government punishable whether language incitement long done requisite intent added seems question incitement involved around question sufficiency evidence indicate intent language used language philosophy theory academic treatment rather language incitement action jury convict sort language argument evidence insufficient sustain conviction discussion principal cases subject see several opinions dennis supra new york criminal anarchy act note supra see dennis supra hearings may pp cited note supra hearing cited note supra representative mccormack repeatedly emphasized proscribed advocacy inciting advocacy example stated word advocacy means manner incite construed gitlow case government right make crime person use language specifically inciting commission illegal acts advocacy manner incite knowingly advocate manner incite overthrow government see also pp see infra see schneiderman supp writ certiorari dennis bring sufficiency evidence see note supra appeals stated finally referring dennis opinion appeals concurring opinion gave approval instructions trial judge dennis requiring jury find language incitement used conspirators another phrase given approval doctrine destruction become rule action conjunction indictment based upon statute proscribing organization purpose teaching advocating overthrow required neither proof overt acts specifically planned objective precautionary instructions well enough expressions judges instructions connection original statute established unalterable requirement phrases used ipsissimis verbis changes basic law entirely different indictment predicated upon conspiracy statute rendered admonitions jury language supererogatory gist substantive crime conspiracy unlawful combination agreement becomes positive crime proved conspirators enter field action pursuant criminal design therefore conspiracy become rule action pursuant proscribed intent violation conspiracy statute use phrases incitement instructions might well enough violation smith act alone charged original form folly command imperatively specific phrases used instructions trial indictment present one may also noted period september see note supra conspiracy charge laid old smith act see pp supra see note supra record consists typewritten pages stat neither holding office membership communist organization person shall constitute per se violation subsection subsection section criminal statute evidence might tend link petitioner richmond conspiracy evidence association petitioners individual might found jury engaged period proscribed advocacy see pp infra think without evidence justify refusal direct acquittal justice black justice douglas joins concurring part dissenting part reverse every one convictions direct defendants acquitted judgment statutory provisions prosecutions based abridge freedom speech press assembly violation first amendment constitution see dissent justice douglas dennis also see opinion american communications assn douds kind trials conducted wholly dissimilar normal criminal trials ordinarily smith act trials prolonged affairs lasting months part attributable routine introduction evidence massive collections books tracts pamphlets newspapers manifestoes discussing communism socialism capitalism feudalism governmental institutions general much say turgid diffuse abstruse plain dull course juror expected plow way jungle verbiage testimony witnesses comparatively insignificant guilt innocence may turn marx engels someone else wrote advocated much hundred years ago elaborate refined distinctions drawn communism marxism leninism trotskyism stalinism propriety obnoxious unorthodox views government reality made crucial issue must cases kind prejudice makes conviction inevitable except rarest circumstances ii since proceeds assumption statutory provisions involved valid however feel free express views issues considers first agree part opinion deals statutory term organize holds organizing charge indictment barred statute limitations second also agree insofar holds trial judge erred instructing persons punished smith act teaching advocating forceful overthrow abstract principle hand agree instruction indicates might approve constitutionally permissible says persons punished advocating action overthrow government force violence advocacy addressed urged something future rather merely believe something approach defendants still convicted simply agreeing talk distinguished agreeing act believe first amendment forbids congress punish people talking public affairs whether discussion incites action legal illegal see meiklejohn free speech relation cf chafee book review harv rev virginia assembly said statute religious liberty written thomas jefferson time enough rightful purposes civil government officers interfere principles break overt acts peace good order cf giboney empire storage ice labor board virginia electric virginia electric labor board third also agree petitioners connelly kusnitz richmond spector steinberg ordered acquitted since evidence ever engaged anything wholly lawful activities contrast think action also taken remaining nine defendants opinion summarizes strongest evidence offered defendants summary reveals pitiful inadequacy proof show beyond reasonable doubt defendants guilty conspiring incite persons act overthrow government says short record contains evidence little general program educational activity communist party included advocacy violence theoretical matter prepared say stage case impossible jury resolving conflicts favor government giving evidence san francisco los angeles episodes utmost sweep find advocacy action also engaged group involved thought particularly trustworthy dedicated suited violent tasks fourth section conspiracy indictment brought requires proof overt act done effect object conspiracy originally overt acts charged dwindled says public meeting held party auspices speeches made one petitioners extolling leaders soviet union criticizing various aspects foreign policy one meetings appeal funds made petitioners contend meetings satisfy requirement statute shown act done one conspirators effect object conspiracy government concedes nothing unlawful shown said done meetings contends occurrences nonetheless sufficed overt acts jury findings requirement proof overt act conspiracy cases mere formality particularly prosecutions like many respects akin trials treason article iii constitution provides person shall convicted treason unless testimony two witnesses overt act confession open one objects provision keep people convicted disloyalty government periods excitement passions prejudices ran high merely expressed unacceptable views see cramer reasons make proof overt acts important treason cases apply overt act charged defendants went constitutionally protected public assembly took part lawful discussion public questions neither anyone else advocated suggested overthrow government many years ago said idea government republican form implies right part citizens meet peaceably consultation respect public affairs petition redress grievances cruikshank see de jonge oregon judgment defendants attendance public meetings viewed overt act effectuate object conspiracy charged iii essence petitioners tried upon charge believe want foist upon country different us despicable form authoritarian government voices criticizing existing order summarily silenced fear present type prosecutions line philosophy authoritarian government expressed first amendment doubtlessly dictators stamp causes beliefs deem subversive evil regimes governmental suppression causes beliefs seems antithesis constitution stands choice expressed first amendment favor free expression made turbulent background men jefferson madison mason men believed loyalty provisions amendment best way assure long life new nation government unless complete freedom expression ideas whether like concerning way government run shall run doubt views long run secured censor first amendment provides kind security system preserve free government one leaves way wide open people favor discuss advocate incite causes doctrines however obnoxious antagonistic views may rest us hening stat virginia justice clark dissenting petitioners principal organizers leaders communist party california convicted conspiracy covering period engaged conspiracy defendants dennis dennis defendants named indicted defendants convicted new york former conspiracy provisions smith act stat ed served serving prison terms result convictions conspiracy charged dennis except geared california conditions brought period general conspiracy statute rather old conspiracy section smith act indictment charges petitioners conspiracy violate two sections smith act recodified knowingly wilfully teaching advocating violent overthrow government organizing california creation groups cells schools assemblies persons like communist party society teaches advocates violent overthrow government conspiracy includes group defendants dennis case though petitioners occupied lower echelon party hierarchy nevertheless served army engaged mission convictions based upon evidence closely paralleling adduced dennis flynn cir resulted convictions laid dennis principles governing prosecutions closely adhered although nature two cases permit identical handling affirm convictions however freed five convicted petitioners ordered new trials remaining nine five says evidence clearly insufficient agree appeals district jury evidence showed guilt beyond reasonable doubt paralleled dennis flynn equally strong event acquit anyone long history find case acquittal ordered solely facts somewhat late start usurping function jury especially new trials held covering charges may although today opinion somewhat doubtful new theories announced smith act prosecutions sufficient evidence might available remand say least government opportunity present evidence changed conditions agree half indictment remaining nine petitioners quashed barred statute limitations agree brother burton incorrectly interpreted term organize used smith act concludes plain words act whoever organizes helps attempts organize society group assembly persons emphasis added embodies acts entering creation new organization applied communist party holds refers reconstitution party part prosecution therefore barred statute limitations construction frustrates purpose congress act passed primarily curb growing strength activity party interpretation prosecution barred time adoption act party formed congress concerned initial establishment party used words helps attempts phrase group assembly persons concerned new communist fronts cells schools groups well assemblies persons created nearly every day aegis party carry purposes indictment charges proof shows beyond doubt fact done decision today prevents time prosecution party members subparagraph act holding requires reversal case retrial properly considers instructions given trial judge agree conclusion regarding instructions highly pleased see disposes problem new trial instructions given least meet views studied section opinion concerning instructions frankly artillery words leaves confused majority concludes charge given insufficient thought dennis merely held charge sufficient requires finding party advocates theory duty necessity overthrow government force violence prophetic insight bit speculation program winning adherents policy translated action soon circumstances permit concurring opinion notice however majority essence dennis holding indoctrination group preparation future violent action well exhortation immediate action advocacy found directed action accomplishment forcible overthrow violence rule principle action employing language incitement constitutionally protected group sufficient size cohesiveness sufficiently oriented towards action circumstances reasonably justify apprehension action occur however view fact case must retried regardless disposition made charges see reason engage becomes nothing exercise semantics majority phase case certainly sitting trial given dennis charge consider correct simply stamp approval perhaps approach practical sure trial judge realizes practicality often pays perhaps add agreement holding petitioner schneiderman find aid doctrine collateral estoppel petitioners richmond connelly kusnitz steinberg spector set free richmond time indictment many years daily people world official organ party west coast joined party received indoctrination communist technique offices daily worker official party paper east coast chosen party central committee managing editor daily people world transferred california regularly attended secret meetings state county boards party admission identification special list party members prepared party chairman security chief party strategy mapped secret meetings attended richmond core party machinery including least seven petitioners richmond served special committee help develop preconvention discussion petitioner yates represented state committee convention addressed many party meetings preaching vanguard role party importance people world communist movement articles paper urged leninist marxist approach connelly party member since least los angeles editor people world mobilization effort early world war ii devoted efforts building sentiment war effort among steel aircraft shipyard workers attended secret meetings attended richmond question proof sustained charges richmond connelly conspiracy newspaper conduit party announced aims policies decisions sought funds recruited members height naivete claim people world publish appeals readers follow party doctrine seeking overthrow government force stark reality conclude publication provides incomparable means promoting party aim forcible seizure time ripe petitioner spector active california party since early taught party schools division organizer los angeles county attended underground meetings petitioners lambert dobbs healy carlson schneiderman witness rosser testified meetings hid get unless invited taken conducted classes party members hollywood member committee three party officials examined witness russell student one classes charges party police spy petitioner kusnitz following organizational indoctrination period new york city became party leader california served section organizer later organizational secretary los angeles position directly local chairman party hierarchy attended many secret meetings present party meeting petitioner yates yates advocated necessity soviet support training means bringing soviet type government world contributed articles communist publications active regrouping clubs smaller units conducting six session leadership training seminar carrying campaigns subscriptions people world leading party building drive recruitment members petitioner henry steinberg active young communist league associated party since educational director took part creation program party training schools los angeles county education department sponsored several meetings one honoring anniversary death lenin worked petitioner schneiderman party chairman california attended meetings regularly active circulation drives people world principal speaker many meetings congressman mccormack remarks floor house representatives july debate smith act reflect underlying purpose behind act stated inter alia know communist movement ultimate objective overthrow government force violence means legal illegal combination testimony indisputably produced special committee chairman came lips gave hearsay testimony actual official records communist party presented committee executive secretary communist party leader communist party earl browder therefore communist one intends knowingly willfully participate actions legal illegal combination bring ultimate overthrow government one aiming emphasis added cong rec see also hearings subcommittee house committee judiciary sess