Scales v. United States
United States Supreme Court
367 U.S. 203 (1961)
Scales (defendant), chairman of the North and South Carolina Communist Party districts, was prosecuted under the Smith Act for knowingly and actively belonging to a group advocating the forceful overthrow of the U.S. government. The trial judge instructed jurors they could convict only if the Communist Party actually advocated overthrowing the government as soon as possible and if Scales actively participated in efforts to bring that about imminently; the jury convicted him, and he appealed on First Amendment grounds.
Whether criminal prosecution for membership in a group advocating the overthrow of the United States government, and engaged in building a group of members ready to act at an opportune future time, violates a defendant's First Amendment rights to freedom of speech and assembly.