Smith Act

Smith Act

The Alien Registration Act or Smith Act (usc|18|2385) of 1940 is a United States federal statute that makes it a criminal offense for anyone to

It also required all non-citizen adult residents to register with the government; within four months, 4,741,971 aliens had registered under the Act's provisions.

The Act is best known for its use against political organizations and figures, mostly on the left. Prosecutions continued until a series of United States Supreme Court decisions in 1957 threw out numerous convictions under the Smith Act as unconstitutional. The statute remains on the books, however.

The Act was proposed by Congressman Howard W. Smith of Virginia, a Democrat and a leader of the "anti-labor" bloc of Congressmen. It was signed into law by President Franklin D. Roosevelt.

mith Act trials

From 1941 to 1957, hundreds of socialists were prosecuted under the Smith Act. The first trial, in 1941, focused on Trotskyists, the second trial in 1944 prosecuted alleged fascists and, beginning in 1949, leaders and members of the Communist Party USA were targeted.

1941: Minneapolis sedition trial - "Socialism on Trial"

The first Smith Act Trial occurred in 1941 with the prosecution in Minneapolis of leaders of the communist Socialist Workers Party in Minneapolis including James P. Cannon, Carl Skoglund, Farrell Dobbs, Grace Carlson, Harry DeBoer, Max Geldman, Albert Goldman (who also acted as the defendants' lawyer during the trial) and twelve other leaders of the Trotskyist Socialist Workers Party (SWP) as well as union activists involved with Local 544 of the Teamsters union in Minneapolis where the SWP had had a degree of influence since the Minneapolis Teamsters Strike of 1934. The SWP had advocated strikes and the continuation of labor union militancy during World War II under its Proletarian Military Policy and had some influence in Minneapolis due to its involvement with the Teamsters Union. The US Communist Party-- which, during the period in which the Molotov-Ribbentrop Pact was in force, had opposed American involvement in the war--had become an advocate of a no-strike pledge since the beginning of Nazi invasion of the USSR. An SWP member edited "the Northwest Organizer", which was the weekly newspaper of the Minneapolis Teamsters, and the local remained a militant communist outpost in what was becoming an increasingly conservative national union under IBT leader Daniel J. Tobin.

On June 27 1941, the SWP's offices in Minneapolis and St. Paul were raided by the FBI which seized large quantities of communist literature. Several weeks later, twenty-eight people, either members of the SWP or Local 544 (or both) were indicted by a federal grand jury with violation of the 1861 Sedition Act, which had never before been used, and the 1940 Smith Act. The defendants were accused of plotting to overthrow the United States government. The trial began in Federal District Court in Minneapolis on October 27 1941 with evidence consisting mostly of public statements made by the SWP and its leaders as well as the "Communist Manifesto" and writings by Lenin and Trotsky. The evidence regarding insubordination of the armed forces consisted of oral testimony by two government witnesses to the effect that one or two defendants had told them that soldiers should be induced to "kick" (complain) about food and living conditions.

Five of the defendants were acquitted on both counts by direction of the judge due to lack of evidence at the conclusion of the prosecution's case. After 56 hours of deliberation, the jury found all of the twenty-three remaining defendants not guilty of count one of the indictment in which the state charged the accused with violating the 1861 statute by conspiring to overthrow the government by force. The government had attempted to use the Statute, which had originally been aimed against Southern secessionists, as a means of criminalising the avowal of any revolutionary doctrines. The jury found eighteen of the defendants guilty of count two of the indictment, which charged violation of the Smith Act specifically distributing written material designed to cause insubordination in the armed forces and charged that they had acted to "advocate, abet, advise and teach the duty, necessity, desirability and propriety of overthrowing the government by force and violence”.

On December 8 1941, sentences were handed down with twelve defendants receiving 16-month terms and the remaining eleven being given 12 month terms. After failed appeals and the refusal of the United States Supreme Court to review the case, the convicted defendants began to serve their sentences on December 31 1943. The last prisoners were released in February 1945.

The Communist Party supported the trial and conviction of Trotskyists under the Smith Act; however, its leaders were to face similar scrutiny for treasonable acts under the Act following the war. Roosevelt's attorney general, Francis Biddle, later regretted having authorized the prosecution. [cite book | author = Geoffrey R. Stone | title = Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism | publisher = W. W. Norton & Co. | year = 2004 | id = ISBN 0393058808 | pages = p. 255]

*See: [ "Socialism on Trial: The courtroom testimony of James P. Cannon"] and [ The Minneapolis 'Sedition" Trial]

1944: Great Sedition Trial

The so-called Great Sedition Trial was a 1944 trial, in Washington, DC, of a group of some 30 individuals for sedition, in the form of violations of the Smith Act. The defendants were alleged to be part of an international Nazi conspiracy, connected with the activities of the Mothers' Movement. It is arguable that the trial was overtly political in nature; it was advocated by Franklin D. Roosevelt and is considered by some critics as tantamount to a show trialFact|date=February 2007. The trial arose out of the strongly isolationist and/or allegedly pro-fascist stance of the heterogeneous group of defendants at the height of US involvement in World War II.

The trial began April 17, 1944, after a number of attempts by Federal authorities to frame charges robust enough to survive grand jury hearings, but was characterised by an inability on the part of prosecutors to prove specific intent to overthrow the government. Rather, it appears to have consisted of months of the prosecutor, O. John Rogge, reading the writings of the defendants to an increasingly weary jury. A mistrial was declared on November 29, 1944, some time after the death of the trial judge, ex-congressman Edward C. Eicher.

In part because of the abject failure of the trial, which ended "in tragedy and farce" [] , it is notable as one of a number in the US in which the dictates of freedom—especially of certain interpretations of freedom of speech—have been set against concepts of national security. The most obvious comparison, from the immediate post-war era, was that of the congressional hearings arising out of Joseph McCarthy's anti-communist allegations.

Among the defendants in the 1944 trial were: George Sylvester Viereck, Lawrence Dennis, Elizabeth Dilling, Gerald L.K. Smith, Joe McWilliams, Gerald Winrod and William Griffin.

Communist Party trials

Members of the Communist Party USA began facing prosecution beginning in 1949 under the law. Over 140 leaders of the CPUSA, including party leader Eugene Dennis, would stand trial during the early days of the Cold War. Prosecutions continued until a string of decisions by the United States Supreme Court, which counted among its membership at the time Justices Felix Frankfurter, Hugo Black, and William O. Douglas threw out numerous convictions under the Smith Act, as unconstitutional.

Eleven leaders of the Communist Party were charged under the Smith Act in 1949. The accusation was that "they conspired . . . to organize as the Communist Party and willfully to advocate and teach the principles of Marxism-Leninism," which was equated with meaning "overthrowing and destroying the government of the United States by force and violence" at some unspecified future time. They were also accused of conspiring to "publish and circulate . . . books, articles, magazines, and newspapers advocating the principles of Marxism-Leninism." The "Communist Manifesto" by Marx and Engels, Lenin's "State and Revolution", and Stalin's "Foundation of Leninism" were introduced as evidence for the prosecution.

The trial at New York City's Foley Square courthouse took nine months to conduct. Among the eleven charged were Gil Green, a long-time Party leader; Eugene Dennis and Henry Winston, leaders of the national organization; John Gates, editor of the Daily Worker; and Gus Hall, then leader of the Party in Ohio. Ten defendants were given sentences of five years and fined $10,000; an eleventh defendant, Robert G. Thompson, was sentenced to three years. All of the defense attorneys (including future Congressman George W. Crockett) were cited for contempt of court and given prison sentences.

The convicted Communists appealed the verdicts, but the Supreme Court upheld their convictions in 1951 by a vote of six to two with Justices Hugo Black and William O. Douglas dissenting. Black wrote that the government's indictment was "a virulent form of prior censorship of speech and press" and a violation of the First Amendment.

In 1951, twenty-three other leaders of the party were indicted including Elizabeth Gurley Flynn, a founding member of the American Civil Liberties Union. By 1957, over 140 leaders and members of the Communist Party had been charged. The indictments and trials ended in 1957 as the result of a series of Supreme Court decisions. "Yates v. United States" ruled unconstitutional the conviction of numerous party leaders in a ruling that distinguished between advocacy of an idea for incitement and the teaching of an idea as a concept. The Court ruled by a margin of six to one in "Watkins v. United States" that defendants could use the First Amendment as a defense against "abuses of the legislative process."

While prosecutions under the Smith Act ceased, the statute remains on the books.

On June 5, 1961, the U.S. Supreme Court upheld by 5-4 the conviction of Junius Scales under the "membership clause" of the Smith Act. Scales, who was indicted in North Carolina in 1954, began serving a six-year sentence October 2, 1961, following the June Supreme Court decision. Ironically, Scales had broken with the U.S. Communist Party in 1956.

ee also

* Alien and Sedition Acts
* Hatch Act of 1939
* McCarthyism
* Palmer Raids
* First Red Scare
* Second Red Scare
* Robert Klonsky
* Communist registration acts


External links

* [ About the Smith Act Trials]
* [ Maintenance of National Security and the First Amendment] detailed discussion of the Smith Act's legal history
* [ Alien Registration Act] Spartacus article
* [ Text of the Smith Act]
* [ Dennis v United States (1951)] Summary of the Supreme Court's ruling upholding the Smith Act
* [ Dennis v. United States] Documents from the Supreme Court hearing.
* [ Yates v. United States (1957)] Summary of the Supreme Court's 1957 decision on the Smith Act
* [ Yates v United States] Documents

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Smith-Act — Der Alien Registration Act, auch nach dem Kongressabgeordneten Howard W. Smith aus Virginia als Smith Act bezeichnet, war ein am 29. Juni 1940 vom Kongress, unter dem Eindruck des sich abzeichnenden Kalten Krieges[1], verabschiedetes US… …   Deutsch Wikipedia

  • Smith Act — Der Alien Registration Act, auch nach dem Kongressabgeordneten Howard W. Smith aus Virginia als Smith Act bezeichnet, war ein am 29. Juni 1940 vom Kongress, unter dem Eindruck des sich abzeichnenden Kalten Krieges[1], verabschiedetes US… …   Deutsch Wikipedia

  • Smith Act — ▪ United States [1940] formally  Alien Registration Act of 1940        U.S. federal law passed in 1940 that made it a criminal offense to advocate violent overthrow of the government or to organize or be a member of any group or society devoted… …   Universalium

  • Smith Act — Federal law which punishes, among other activities, the advocacy of the overthrow of the government by force or violence. An anti sedition law. 18 U.S.C.A. No. 2385. See sedition …   Black's law dictionary

  • Smith Act — A federal statute which makes it unlawful to overthrow of the government by force. 18 USC § 2385 …   Ballentine's law dictionary

  • Smith Act, 1940 —    The Alien Registration Act of 1940, known as the Smith Act, made it illegal to advocate, teach, or organize the overthrow of any government in the United States by force or violence or to disseminate material calling for such action. It also… …   Historical Dictionary of the Roosevelt–Truman Era

  • Debbie Smith Act — The Debbie Smith Act of 2004 (42 U.S.C. 13701) provides United States federal government grants to eligible states and units of local government to conduct DNA analyses of backlogged DNA samples collected from victims and criminal offenders. The… …   Wikipedia

  • Smith Gesetz — Der Alien Registration Act, auch nach dem Kongressabgeordneten Howard W. Smith aus Virginia als Smith Act bezeichnet, war ein am 29. Juni 1940 vom Kongress, unter dem Eindruck des sich abzeichnenden Kalten Krieges[1], verabschiedetes US… …   Deutsch Wikipedia

  • Smith, Howard Worth — (1883 1976)    Born in Virginia, Howard Smith graduated from Bethel Military Academy in 1901 and Virginia Law School in 1903. He had his own legal practice from 1904 to 1917 and during World War I was an assistant general counsel to the Alien… …   Historical Dictionary of the Roosevelt–Truman Era

  • Act III Broadcasting — was a company that owned several television stations that started as independents, and later became Fox affiliates. The stations were located in medium sized markets, and the company existed from the mid 1980s to the mid 1990s, eventually to be… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.