No. 10.

350 U.S. 497 (1956)

76 S.Ct. 477

100 L.Ed. 640


Supreme Court of United States.

Decided April 2, 1956.

Attorney(s) appearing for the Case

Frank F. Truscott, Special Deputy Attorney General of Pennsylvania, and Harry F. Stambaugh argued the cause for petitioner. With them on the brief were Frank P. Lawley, Jr., Deputy Attorney General, and Albert A. Fiok.

Herbert S. Thatcher argued the cause for respondent. With him on the brief was Victor Rabinowitz.

By special leave of Court, Charles F. Barber argued the cause for the United States, and Louis C. Wyman, Attorney General, for the State of New Hampshire, as amici curiae, urging reversal. On the brief with Mr. Barber were Solicitor General Sobeloff, Assistant Attorney General Tompkins, Harold D. Koffsky and Philip R. Monahan. Mr. Wyman also filed a brief.

Briefs of amici curiae urging reversal were filed by George Fingold, Attorney General, and Lowell S. Nicholson, Samuel H. Cohen and Fred L. True, Jr., Assistant Attorneys General, for the State of Massachusetts, and Ralph B. Gregg for the American Legion.

Briefs of amici curiae urging affirmance were filed by Osmond K. Fraenkel and Herbert Monte Levy for the American Civil Liberties Union, Walter C. Longstreth, Allen S. Olmsted, 2d and William Allen Rahill for the Civil Liberties Committee of the Philadelphia Yearly Meeting of the Religious Society of Friends, and Frank J. Donner, Royal W. France, Arthur Kinoy and Marshall Perlin for Feldman et al.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

The respondent Steve Nelson, an acknowledged member of the Communist Party, was convicted in the Court of Quarter Sessions of Allegheny County, Pennsylvania, of a violation of the Pennsylvania Sedition Act1 and sentenced to imprisonment for twenty years and to a fine of $10,000 and to costs of prosecution in the sum of $13,000. The Superior Court affirmed the conviction.

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