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