Article: Smith Act

SMITH ACT

The Smith Act (54 Stat. 670) of 1940 proscribed, among other things, the advocacy of the forcible or violent overthrow of the government. The act became the analogue of the New York Criminal Anarchy Act sustained in gitlow v. new york, 268 U.S. 652, 45 S. Ct. 625, 69 L. Ed. 1138 (1925). New York had passed that law in 1902, shortly after the assassination of President william mckinley. Between the occupation of Czechoslovakia and the Ribbentrop-Molotov pact of 1939, the House of Representatives drafted the Smith Act because of a fear that there might be a repetition of the anarchist agitation that had occurred in 1900 or the antipathy toward alien radicalism that had surfaced ...

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