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 1

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 NERFINISHED
First Amendment to the United States Constitution NERFINISHED
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1961-06-05
dissentingJustices Felix Frankfurter NERFINISHED
William J. Brennan Jr. NERFINISHED
docketNumber 1
fullName Scales v. United States NERFINISHED
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 NERFINISHED
jurisdiction federal criminal law
language English
legalIssue First Amendment freedom of association NERFINISHED
constitutionality of the Smith Act membership clause
due process under the Fifth Amendment
majorityJustices Charles E. Whittaker NERFINISHED
Earl Warren NERFINISHED
Hugo L. Black NERFINISHED
John Marshall Harlan II NERFINISHED
Potter Stewart NERFINISHED
Tom C. Clark NERFINISHED
William O. Douglas NERFINISHED
majorityOpinionBy John Marshall Harlan II NERFINISHED
page 203
petitioner Junius Irving Scales NERFINISHED
relatedCase Dennis v. United States NERFINISHED
Noto v. United States NERFINISHED
Yates v. United States NERFINISHED
reporter United States Reports
requires proof of active membership
proof of specific intent to further the organization’s illegal advocacy
respondent United States NERFINISHED
statuteInvolved Smith Act NERFINISHED
topic advocacy of violent overthrow of the government
subversive activities
volume 367

How these facts were elicited

Referenced by (1)

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

Alien Registration Act of 1940 subjectOf Scales v. United States