In particular, this case focuses around the 11 members of the Communist Party of the United States who were planning the violent overthrow of the United States government, which is prohibited under the Smith Act. [Section 3] The communists are convicted and appeal, contending the Smith Act is

The Supreme Court also argues that many laws require an 'evil intent' and that the petitioners are wrong in saying there is no evil intent. "If that precise mental state [must] be an essential element of a crime, surel an intent to overthrow the Government of the United States by advocacy thereof is equally susceptible of proof." The Court continues by saying that change to the government and constitution is all right, as long as it is done legally, but that Congress has a right to protect the Government from armed rebellion. "[This] proposition requires little discussion." Therefore the argument that the Smith Act was unconstitutional is completely unfounded (in the Court's opinion).

The Supreme Court also has much precedent to work with and does so extensively. Sighting cases such as Schenck v Un

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Approximate Word count = 544
Approximate Pages = 2 (250 words per page double spaced)