Scales v. United States

E936062

Scales v. United States is a 1961 U.S. Supreme Court case that upheld the constitutionality of prosecuting active members of organizations advocating violent overthrow of the government under the Smith Act, while requiring proof of specific intent to further those illegal aims.

All labels observed (1)

Label Occurrences
Scales v. United States canonical 2

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf First Amendment case ⓘ
Smith Act case ⓘ
U.S. Supreme Court case ⓘ
criminal law case ⓘ
arguedDate 1960-10-18 ⓘ
1960-10-19 ⓘ
citation 367 U.S. 203 ⓘ
clarifies distinction between abstract advocacy and active participation with specific intent ⓘ
limits on criminal liability for association with subversive organizations ⓘ
constitutionalProvision Fifth Amendment to the United States Constitution ⓘ
First Amendment to the United States Constitution ⓘ
country United States ⓘ
court Supreme Court of the United States ⓘ
decisionDate 1961-06-05 ⓘ
dissentingJustices Felix Frankfurter ⓘ
William J. Brennan Jr. ⓘ
docketNumber 1 ⓘ
fullName Scales v. United States ⓘ
holding Active membership in an organization advocating violent overthrow can be criminalized if accompanied by specific intent to accomplish the group’s unlawful purposes ⓘ
Mere nominal or passive membership in such an organization cannot be punished under the Smith Act ⓘ
The Smith Act’s membership clause is constitutional as applied to active members with specific intent to further illegal aims ⓘ
involvesOrganization Communist Party of the United States ⓘ
linked to: Communist Party USA
jurisdiction federal criminal law ⓘ
language English ⓘ
legalIssue First Amendment freedom of association ⓘ
constitutionality of the Smith Act membership clause ⓘ
due process under the Fifth Amendment ⓘ
majorityJustices Charles E. Whittaker ⓘ
Earl Warren ⓘ
Hugo L. Black ⓘ
John Marshall Harlan II ⓘ
linked to: John M. Harlan II

Potter Stewart ⓘ
Tom C. Clark ⓘ
William O. Douglas ⓘ
majorityOpinionBy John Marshall Harlan II ⓘ
linked to: John M. Harlan II
page 203 ⓘ
petitioner Junius Irving Scales ⓘ
relatedCase Dennis v. United States ⓘ
Noto v. United States ⓘ
Yates v. United States ⓘ
reporter United States Reports ⓘ
requires proof of active membership ⓘ
proof of specific intent to further the organization’s illegal advocacy ⓘ
respondent United States ⓘ
statuteInvolved Smith Act ⓘ
topic advocacy of violent overthrow of the government ⓘ
subversive activities ⓘ
volume 367 ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Alien Registration Act of 1940 → subjectOf → Scales v. United States ⓘ
Scales v. United States → fullName → Scales v. United States ⓘ