Smith Act Prosecutions: The Effect of the Dennis and Yates Decisions
![handle is hein.journals/upitt26 and id is 711 raw text is: SMITH ACT PROSECUTIONS: THE EFFECT OF
THE DENNIS AND YATES DECISIONS
Robert Mollan*
Prosecutions of Communist Party leaders under the Smith Act have been
criticized both from liberal and conservative viewpoints. In an effort to
bring clarity of understanding into a somewhat confused area of law,
Mr. Mollan, in this article, examines the history of prosecutions under
the advocacy, organizational, and membership clauses of the Smith
Act. Emphasis is laid on the time period between the two significant
United States Supreme Court decisions-Dennis and Yates. The author
concludes by asserting that there are two possible judicial interpretations
of the Yates decision; which interpretation will prevail only will be
decided in future case applications of the Smith Act.
I. INTRODUcrION
T HE possible threat to the internal security of the United States
posed by groups and individuals variously labelled as sub-
versive was a matter of extreme concern in the 1950's. During this
period there was intense fear that subversive activities posed an
imminent, massive threat to the security of the United States. Con-
versely, many were concerned that the reactions by the anti-subversives
to this threat endangered traditional American liberties more than
the subversives themselves. This article discusses certain aspects of
one of the many governmental programs intended to counteract the
threat of subversive activities-the prosecution of Communist Party
leaders under various provisions of the Smith Act.' Concentration is
placed on the events following the Supreme Court's decision in Dennis
* Acting Assistant Professor of Political Science, The University of Kansas, Lawrence,
Kansas.
1. 62 Stat. 808 (1948), as amended, 18 U.S.C.A. § 2885 (Supp. 1964). The Act provides:
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity,
desirability, or propriety of overthrowing or destroying the government of the United
States or the government of any State, Territory, District or Possession thereof, or the
government of any political subdivision therein, by force or violence, or by the assas-
sination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government,
prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any
written or printed matter advocating, advising, or teaching the duty, necessity,
desirability, or propriety of overthrowing or destroying any government in the United
States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group or assembly
of persons who teach, advocate, or encourage the overthrow or destruction of any
such government by force or violence; or becomes or is a member of, or affiliates with,
any such society, group, or assembly of persons, knowing the purposes thereof . ..
[Shall be punished as specified.]
The Smith Act at one time prohibited conspiracy of two or more persons to commit any
offense named -therein, but this was later omitted because it was covered by the general
conspiracy provision, 69 Stat. 701 (1948), 18 U.S.C.A. § 371 (1950).
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Smith Act Prosecutions: The Effect of the Dennis and Yates Decisions
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