Scales v. United States
Significance, Supreme Court Reverses Course On Communism, The Smith Act
Junius Irving Scales
That the membership clause of the Smith Act, which makes it a crime to belong "knowingly" to an organization advocating overthrow of the government, violates the rights of free speech and association, as well as due process.
Chief Lawyer for Petitioner
Chief Lawyer for Respondent
John F. Davis
Justices for the Court
Tom C. Clark, Felix Frankfurter, John Marshall Harlan II (writing for the Court), Potter Stewart, Charles Evans Whittaker
Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Earl Warren
Date of Decision
5 June 1961
The Supreme Court upheld the constitutionality of the membership clause of the Smith Act and Scales's conviction under its terms.
- Schenck v. United States, 249 U.S. 47 (1919).
- Dennis v. United States, 341 U.S. 494 (1951).
- Yates v. United States, 354 U.S. 298 (1957).
- Noto v. United States, 367 U.S. 290 (1961).
Levy, Leonard W., ed. Encyclopedia of the American Constitution. New York: Macmillan, 1986.
- Belknap, Michael R., ed. American Political Trials, rev. ed. Westport, CT: Greenwood Press, 1994.
- ------. Cold War Political Justice: The Smith Act, the Communist Party, and American Civil Liberties. Westport, CT: Greenwood Press, 1977.
- Kutler, Stanley I. The American Inquisition: Justice and Injustice in the Cold War. New York: Hill and Wang, 1982.
- Shelton v. Tucker - Significance, Three Teachers Refuse To Comply, Other Naacp Cases, Further Readings
- Samuel Sheppard Trials: 1954 and 1966 - The Carnival Begins, Morals, Not Murder, A Second Chance, Suggestions For Further Reading
- Scales v. United States - Significance
- Scales v. United States - Supreme Court Reverses Course On Communism
- Scales v. United States - The Smith Act
- Other Free Encyclopedias
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1954 to 1962