The Alien Registration Act or Smith Act (18 U.S.C. § 2385) of 1940 is a United States federal statute that made it a criminal offense for anyone to Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is... The law of the United States was originally largely derived from the common law of the system of English law, which was in force at the time of the Revolutionary War. ...

It also required all non-citizen adult residents to register with the government; within four months, 4,741,971 aliens had registered under the Act's provisions. “Citizen” redirects here. ...

The Act is best known for its use against political organizations and figures, mostly on the left. Prosecutions continued until a series of United States Supreme Court decisions in 1957 threw out numerous convictions under the Smith Act as unconstitutional. The statute remains on the books, however. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Constitutionality is the status of a law, a procedure, or an acts accordance with the laws or guidelines set forth in the applicable constitution. ...

The Act was proposed by Congressman Howard W. Smith of Virginia, a Democrat who supported the poll tax^{[citation needed]} (a mechanism that was often used for keeping certain racial groups from voting) and a leader of the "anti-labor" bloc of Congressmen. It was signed into law by President Franklin D. Roosevelt. Howard W. Smith (February 2, 1883—October 3, 1976), U.S. Congressman from Virginia, was a leader of the Conservative coalition. ... This article is about the U.S. state. ... A poll tax, head tax, or capitation is a tax of a uniform, fixed amount per individual (as opposed to a percentage of income). ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... FDR redirects here. ...

Smith Act Trials

From 1941 to 1957, hundreds of socialists were prosecuted under the Smith Act. The first trial, in 1941, focused on Trotskyists, the second trial in 1944 prosecuted alleged fascists and, beginning in 1949, leaders and members of the Communist Party USA were targeted. Trotskyism is the theory of Marxism as advocated by Leon Trotsky. ... Fascism (in Italian, fascismo), capitalized, was the authoritarian political movement which ruled Italy from 1922 to 1943 under the leadership of Benito Mussolini. ... The Communist Party of the United States of America (CPUSA) is a Marxist-Leninist political party in the United States. ...

1941: Minneapolis Sedition Trial - Socialism on Trial

The first Smith Act Trial occurred in 1941 with the prosecution in Minneapolis of leaders of the communist Socialist Workers Party in Minneapolis including James P. Cannon, Carl Skoglund, Farrell Dobbs, Grace Carlson, Harry DeBoer, Max Geldman, Albert Goldman (who also acted as the defendants' lawyer during the trial) and twelve other leaders of the Trotskyist Socialist Workers Party (SWP) as well as union activists involved with Local 544 of the Teamsters union in Minneapolis where the SWP had had a degree of influence since the Minneapolis Teamsters Strike of 1934. The SWP had advocated strikes and the continuation of labor union militancy during World War II under its Proletarian Military Policy and had some influence in Minneapolis due to its involvement with the Teamsters Union. The US Communist Party-- which, during the period in which the Molotov-Ribbentrop Pact was in force, had opposed American involvement in the war--had become an advocate of a no-strike pledge since the beginning of Nazi invasion of the USSR. An SWP member edited the Northwest Organizer, which was the weekly newspaper of the Minneapolis Teamsters, and the local remained a militant communist outpost in what was becoming an increasingly conservative national union under IBT leader Daniel J. Tobin. This article is about the city in Minnesota. ... The Socialist Workers Party is a communist political party in the United States. ... This article is about the city in Minnesota. ... James Cannon in Moscow (1922) James Patrick Cannon (1890-1974) was an American Communist and Trotskyist leader. ... Carl Skoglund (1884—1960) was a Swedish-American socialist, affectionately called Skogie by all his American friends and comrades. ... Farrell Dobbs (July 25, 1907 – October 31, 1983) was an American Trotskyist politician and trade unionist. ... Grace Carlson (1906 – 1992) was an American Communist politician. ... Harry DeBoer (1903 – 1992) was an American Communist. ... Trotskyism is the theory of Marxism as advocated by Leon Trotsky. ... The Socialist Workers Party is a communist political party in the United States. ... The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, commonly known as the International Brotherhood of Teamsters (IBT) or simply the Teamsters, is one of the largest labor unions in the United States. ... This article is about the city in Minnesota. ... The Minneapolis General Strike of 1934 grew out of a strike by Teamsters against most of the trucking companies operating in Minneapolis, a major distribution center for the Upper Midwest. ... A trade union or labor union is an organization of workers. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... The Proletarian Miliatary Policy was a policy adopted by some Trotskyite groups, including the U.S. Socialist Workers Party, in response to World War II. The outbreak of World War II was in many ways an unprecedented crisis for Socialist organizations. ... Molotov signs the German-Soviet non-aggression pact. ... Combatants Germany Romania Finland Italy Hungary Slovakia  Soviet Union Commanders Adolf Hitler Wilhelm Ritter von Leeb Fedor von Bock Gerd von Rundstedt Heinz Guderian Günther von Kluge Franz Halder Maresal Ion Antonescu C.G.E. Mannerheim Giovanni Messe, CSIR Italo Garibaldi, ARMIR Joseph Stalin Kliment Voroshilov Semyon Timoshenko Fyodor... Daniel Joseph Tobin (1875-1955) was the long-time head of the Teamsters Union in the U.S. (1907-52). ...

On June 27, 1941, the SWP's offices in Minneapolis and St. Paul were raided by the FBI which seized large quantities of communist literature. Several weeks later, twenty-eight people, either members of the SWP or Local 544 (or both) were indicted by a federal grand jury with violation of the 1861 Sedition Act, which had never before been used, and the 1940 Smith Act. The defendants were accused of plotting to overthrow the United States government. The trial began in Federal District Court in Minneapolis on October 27, 1941 with evidence consisting mostly of public statements made by the SWP and its leaders as well as the Communist Manifesto and writings by Lenin and Trotsky. The evidence regarding insubordination of the armed forces consisted of oral testimony by two government witnesses to the effect that one or two defendants had told them that soldiers should be induced to “kick” (complain) about food and living conditions. is the 178th day of the year (179th in leap years) in the Gregorian calendar. ... For other uses, see 1941 (disambiguation). ... The Federal Bureau of Investigation (FBI) is a federal criminal investigative, intelligence agency, and the primary investigative arm of the United States Department of Justice (DOJ). ... In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ... The Sedition Act has been the name of three laws passed by the United States Congress: The Sedition Act of 1918 The Sedition Act of 1798 The Sedition Act of 1861 This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same... is the 300th day of the year (301st in leap years) in the Gregorian calendar. ... For other uses, see 1941 (disambiguation). ... Malayalam editon of the Manifesto The Communist Manifesto, also known as The Manifesto of the Communist Party, first published on February 21, 1848 by Karl Marx and Friedrich Engels, is one of the worlds most historically influential political tracts. ... Vladimir Ilyich Lenin ( Russian: Влади́мир Ильи́ч Ле́нин  listen?), original surname Ulyanov (Улья́нов) ( April 22 (April 10 ( O.S.)), 1870 – January 21, 1924), was a... 1915 passport photo of Trotsky Leon Davidovich Trotsky (Russian: Лев Давидович Троцкий; also transliterated Trotskii, Trotski, Trotzky) (October 26 (O.S.) = November 7 (N.S.), 1879 - August 21, 1940), born Lev Davidovich Bronstein (&#1051...

Five of the defendants were acquitted on both counts by direction of the judge due to lack of evidence at the conclusion of the prosecution's case. After 56 hours of deliberation, the jury found all of the twenty-three remaining defendants not guilty of count one of the indictment in which the state charged the accused with violating the 1861 statute by conspiring to overthrow the government by force. The government had attempted to use the Statute, which had originally been aimed against Southern secessionists, as a means of criminalising the avowal of any revolutionary doctrines. The jury found eighteen of the defendants guilty of count two of the indictment, which charged violation of the Smith Act specifically distributing written material designed to cause insubordination in the armed forces and charged that they had acted to "advocate, abet, advise and teach the duty, necessity, desirability and propriety of overthrowing the government by force and violence”. For jury meaning makeshift, see jury rig. ... In the common law legal system, an indictment (IPA: ) is a formal accusation of having committed a criminal offense. ... Motto Deo Vindice (Latin: Under God, Our Vindicator) Anthem (none official) God Save the South (unofficial) The Bonnie Blue Flag (unofficial) Dixie (unofficial) Capital Montgomery, Alabama (until May 29, 1861) Richmond, Virginia (May 29, 1861–April 2, 1865) Danville, Virginia (from April 3, 1865) Language(s) English (de facto) Religion... For other uses, see Revolution (disambiguation). ...

On December 8, 1941, sentences were handed down with twelve defendants receiving 16-month terms and the remaining eleven being given 12 month terms. After failed appeals and the refusal of the United States Supreme Court to review the case, the convicted defendants began to serve their sentences on December 31, 1943. The last prisoners were released in February 1945. is the 342nd day of the year (343rd in leap years) in the Gregorian calendar. ... For other uses, see 1941 (disambiguation). ... In law, an appeal is a process for making a formal challenge to an official decision. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... is the 365th day of the year (366th in leap years) in the Gregorian calendar. ... Year 1943 (MCMXLIII) was a common year starting on Friday (the link will display full 1943 calendar) of the Gregorian calendar. ...

The Communist Party supported the trial and conviction of Trotskyists under the Smith Act; however, its leaders were to face similar scrutiny for treasonable acts under the Act following the war.

• See: Socialism on Trial: The courtroom testimony of James P. Cannon and The Minneapolis 'Sedition" Trial

1944: Great Sedition Trial

The so-called Great Sedition Trial was a 1944 trial, in Washington, DC, of a group of some 30 individuals for sedition, in the form of violations of the Smith Act. The defendants were alleged to be part of an international Nazi conspiracy, connected with the activities of the Mothers' Movement. It is arguable that the trial was overtly political in nature; it was advocated by Franklin D. Roosevelt and is considered by some critics as tantamount to a show trial^{[citation needed]}. The trial arose out of the strongly isolationist and/or allegedly pro-fascist stance of the heterogeneous group of defendants at the height of US involvement in World War II. The Alien Registration Act or Smith Act (18 USC 2385) of 1940 made it a criminal offense for anyone to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing the Government of the United States or of any State by force or violence... Aerial photo (looking NW) of the Washington Monument and the White House in Washington, DC. Washington, D.C., officially the District of Columbia (also known as D.C.; Washington; the Nations Capital; the District; and, historically, the Federal City) is the capital city and administrative district of the United... Sedition is a term of law which refers to covert conduct, such as speech and organization, that is deemed by the legal authority as tending toward insurrection against the established order. ... Nazism in history Nazi ideology Nazism and race Outside Germany Related subjects Lists Politics Portal         Nazism, or National Socialism (German: Nationalsozialismus), refers primarily to the totalitarian ideology and practices of the Nazi Party (National Socialist German Workers Party, German: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP) under Adolf Hitler. ... In a political sense, conspiracy refers to a group of persons united in the goal of usurping or overthrowing an established political power. ... Mothers Movement was the name for a confederation of anti-WWII, pro-Nazi, anti-Communist, anti-Roosevelt and anti-semitic groups: National Legion of Mothers of America formed by Father Charles Coughlin in 1939; National Blue Star Mothers; Crusading Mothers of America; We, the Mothers; and We, the Mothers, Mobilize... FDR redirects here. ... The term show trial serves most commonly to label a type of public trial in which the judicial authorities have already determined the guilt of the accused: the actual trial has as its only goal to present the accusation and the verdict to the public as an impressive example and... Fascism (in Italian, fascismo), capitalized, was the authoritarian political movement which ruled Italy from 1922 to 1943 under the leadership of Benito Mussolini. ...

The trial began April 17, 1944, after a number of attempts by Federal authorities to frame charges robust enough to survive grand jury hearings, but was characterised by an inability on the part of prosecutors to prove specific intent to overthrow the government. Rather, it appears to have consisted of months of the prosecutor, O. John Rogge, reading the writings of the defendants to an increasingly weary jury. A mistrial was declared on November 29, 1944, some time after the death of the trial judge, ex-congressman Edward C. Eicher. is the 107th day of the year (108th in leap years) in the Gregorian calendar. ... Year 1944 (MCMXLIV) was a leap year starting on Saturday (link will display full calendar) of the Gregorian calendar. ... In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ... is the 333rd day of the year (334th in leap years) in the Gregorian calendar. ... Year 1944 (MCMXLIV) was a leap year starting on Saturday (link will display full calendar) of the Gregorian calendar. ... Edward C. Eicher served as chairman of the Securities and Exchange Commission between 1941 and 1942 and also served as a member from 1938-1942. ...

In part because of the abject failure of the trial, which ended "in tragedy and farce" [1], it is notable as one of a number in the US in which the dictates of freedom—especially of certain interpretations of freedom of speech—have been set against concepts of national security. The most obvious comparison, from the immediate post-war era, was that of the congressional hearings arising out of Joseph McCarthy's anti-communist allegations. This article is about the general concept. ... Security measures taken to protect the Houses of Parliament in London, England. ... For other persons named Joseph McCarthy, see Joseph McCarthy (disambiguation). ... Pro-communism refers to opposition to baby eating. ...

Among the defendants in the 1944 trial were: George Sylvester Viereck, Lawrence Dennis, Elizabeth Dilling, Gerald L.K. Smith, Joe McWilliams, Gerald Winrod and William Griffin. George Sylvester Viereck (December 31, 1884 – March 18, 1962) was a German-American poet, writer, and propagandist. ... Lawrence Dennis (December 25, 1893 - August 1977) was an American writer on political economy who was in his time villified as a leading intellectual fascist but whose writings were an inspiration to many radical movements and even to a great degree anticipated the rise of the modern so called anti... Elizabeth Dilling Stokes (April 19, 1894 - 1966), was a well-known American anti-communist and anti-war activist and writer allied with pro-nazi groups in the 1930s and 40s, which led to charges of anti-Semitism and sedition in the Great Sedition Trial of 1944, [1] [2] She was... Gerald Lyman Kenneth Smith (February 27, 1898–April 15, 1976) was considered a demagogue by many. ... Joe McWilliams (1904-?) was an agitator of American fascism. ... Gerald B. Winrod was a preacher from Kansas. ...

• See The Great Sedition Trial of 1944: A Personal Memoir by David Baxter, last surviving member of the defendants

Communist Party trials

After initially supporting the Smith Act, and refusing to aid SWP members first targeted, members of the Communist Party USA began facing prosecution beginning in 1949 under the law. Over 140 leaders of the CPUSA, including party leader Eugene Dennis, would stand trial during the early days of the Cold War. Prosecutions continued until a string of decisions by the United States Supreme Court, which counted among its membership at the time Justices Felix Frankfurter, Hugo Black, and William O. Douglas threw out numerous convictions under the Smith Act, claiming they were unconstitutional. The Communist Party of the United States of America (CPUSA) is a Marxist-Leninist political party in the United States. ... Eugene Dennis (August 10, 1905 - January 31, 1961) was a long-time leader of the Communist Party USA and union organizer. ... For other uses, see Cold War (disambiguation). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... Constitutionality is the status of a law, a procedure, or an acts accordance with the laws or guidelines set forth in the applicable constitution. ...

Eleven leaders of the Communist Party were charged under the Smith Act in 1949. The accusation was that "they conspired . . . to organize as the Communist Party and willfully to advocate and teach the principles of Marxism-Leninism," which was equated with meaning "overthrowing and destroying the government of the United States by force and violence" at some unspecified future time. They were also accused of conspiring to "publish and circulate . . . books, articles, magazines, and newspapers advocating the principles of Marxism-Leninism." The Communist Manifesto by Marx and Engels, Lenin's State and Revolution, and Stalin's Foundation of Leninism were introduced as evidence for the prosecution.

The trial at New York City's Foley Square courthouse took nine months to conduct. Among the eleven charged were Gil Green, a long-time Party leader; Eugene Dennis and Henry Winston, leaders of the national organization; John Gates, editor of the Daily Worker; and Gus Hall, then leader of the Party in Ohio. Ten defendants were given sentences of five years and fined $10,000; an eleventh defendant, Robert G. Thompson, was sentenced to three years. All of the defense attorneys (including future Congressman George W. Crockett) were cited for contempt of court and given prison sentences. New York, New York and NYC redirect here. ... Foley Square is a city park situated in lower Manhattan on the site of the historic Five Corners neighborhood and named after a prominent Tammany Hall district leader and local saloon owner, Thomas F. “Big Tom” Foley (1852-1925). ... John Gates, born Solomon Regenstriet in New York City in 1913, was a prominent American Communist. ... Gus Hall Gus Hall (October 8, 1910 – October 13, 2000) was a labor organizer, a founder of the United Steelworkers of America trade union, a leader of the Communist Party USA, and five-time U.S. presidential candidate. ... George William Crockett Jr. ... Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ...

The convicted Communists appealed the verdicts, but the Supreme Court upheld their convictions in 1951 by a vote of six to two with Justices Hugo Black and William O. Douglas dissenting. Black wrote that the government's indictment was "a virulent form of prior censorship of speech and press" and a violation of the First Amendment. The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ...

In 1951, twenty-three other leaders of the party were indicted including Elizabeth Gurley Flynn, a founding member of the American Civil Liberties Union. By 1957, over 140 leaders and members of the Communist Party had been charged. The indictments and trials ended in 1957 as the result of a series of Supreme Court decisions. Yates v. United States ruled unconstitutional the conviction of numerous party leaders in a ruling that distinguished between advocacy of an idea for incitement and the teaching of an idea as a concept. The Court ruled by a margin of six to one in Watkins v. United States that defendants could use the First Amendment as a defense against "abuses of the legislative process." Elizabeth Gurley Flynn (1890-1964) was born in Concord, New Hampshire on 7 August, 1890. ... The American Civil Liberties Union (ACLU) is the common name for an American organization consisting of two separate entities. ... Holding The Court held that for the Smith Act to be violated, people must be encouraged to do something, rather than merely to believe in something. ... Constitutionality is the status of a law, a procedure, or an acts accordance with the laws or guidelines set forth in the applicable constitution. ... Holding Watkins was convicted unconstitutionally, as he was not allowed fair process to determine whether he could not answer questions posed as a witness, by a committee. ...

While prosecutions under the Smith Act ceased, the statute remains on the books.

On June 5, 1961, the U.S. Supreme Court upheld by 5-4 the conviction of Junius Scales under the "membership clause" of the Smith Act. Scales, who was indicted in North Carolina in 1954, began serving a six-year sentence October 2, 1961, following the June Supreme Court decision. Ironically, Scales had broken with the U.S. Communist Party in 1956.

• See also About the Smith Act Trials

See also

• Alien and Sedition Acts
• Hatch Act of 1939
• McCarthyism
• Palmer Raids
• First Red Scare
• Second Red Scare
• Robert Klonsky

======== many recent edits that had nothing to do with article. ... The Hatch Act of 1939 is a United States federal law whose main provision is to prohibit federal employees (civil servants) from engaging in partisan political activity. ... A 1947 comic book published by the Catechetical Guild Educational Society warning of the dangers of a Communist takeover. ... This article or section does not adequately cite its references or sources. ... Political cartoon of the era depicting an anarchist attempting to destroy the Statue of Liberty. ... Some factual claims in this article need to be verified. ... Robert Klonsky was a member of the Abraham Lincoln Brigade, which fought on the side of the Republicans in the Spanish Civil War, a prelude to World War II. Klonsky was a defendant in a famous trial in the mid-1950s of nine Philadelphia members of the Communist Party. ...

External links

• Maintenance of National Security and the First Amendment detailed discussion of the Smith Act's legal history
• Alien Registration Act Spartacus article
• Text of the Smith Act
• Dennis v United States (1951) Summary of the Supreme Court's ruling upholding the Smith Act
• Dennis v. United States Documents from the Supreme Court hearing.
• Yates v. United States (1957) Summary of the Supreme Court's 1957 decision on the Smith Act
• Yates v United States Documents