Opinion: 367 U.S. 203 (1961)

HOLDING:  The provisions in the Smith Act making it a crime to knowingly be a member of an organization that advocated overthrow of the government by force or violence did not violate the defendant’s constitutional rights under the First or Fifth Amendments, and the defendant’s conviction was affirmed because the defendant’s membership was active, not nominal. 

From 1946 to 1954, Junius Irving Scales had been a member of the Communist Party.  During this period, the Communist Party was a political organization that taught and advocated the overthrow and destruction of the government of the United States by force and violence.  The Smith Act, 18 U.S.C. § 2385, made it a felony to knowingly be a member in any organization that advocated the overthrow of the government of the United States by force or violence.  Scales was convicted in the District Court and appealed, challenging the constitutional validity of the Smith Act. 

The Supreme Court affirmed the conviction.  It examined the constitutionality of the Smith Act and held that the statute was not impermissibly vague.  The provision of the Smith Act making the relevant conduct a felony was construed as requiring “active” membership, distinguished from “nominal” membership, meaning that it did not offend the defendant’s Fifth Amendment’s due process rights.  Additionally, the Smith Act did not violate the First Amendment freedoms of speech and association because it required specific intent to accomplish the violent aims of the organization.  It also held that the evidence was sufficient to support the conviction.