Go to next caseThis case concerns the Smith Act, which was enacted in order to prevent the spread of Communism in the United States. This law made it a crime to plot the violent overthrow of government, even if no physical steps were taken towards that end. It was not employed until the late 1940's due to the war time alliance between the USSR and the USA. After the war, relations between the two countries quickly broke down, bringing about the feeling of an impending domestic Communist threat. Eleven Communist leaders were arrested and charged with planning the violent overthrow of our government, strictly prohibited by the Smith Act. The Communists were convicted, but they then appealed, contending the Smith Act was unconstitutional. The Supreme Court ruled in favor of the government, stating in its decision "In each case, the courts must ask whether the gravity of the 'evil' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid danger."
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