JOUR 302 Study Guide - Midterm Guide: Ageism, Strict Scrutiny, Syndicalism
Document Summary
Crime to advocate overthrow of government by force and to proselytize groups for such purpose. The law did not require proof that the group might actually carry out any of those goals before its members could be prosecuted; mere advocacy was sufficient. Used after wwii part of start of mccarthyism. During the cold war used to prosecute numerous members of the american. In addition, there were provisions making it a crime to proselytize for groups having such goals. The smith act"s constitutionality was first tested before the u. s. Supreme court in a 1951 case involving 12 alleged communists. Eugene dennis and the others were tried on charges of willfully and knowingly conspiring to overthrow the u. s. government by force. After a controversial nine-month trial, they were convicted and the. Court adopted a test formulated by learned hand. Modified version of the clear and present danger test.
