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YATES v. UNITED STATES

No. 6.

354 U.S. 298 (1957)

YATES ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided June 17, 1957.

Attorney(s) appearing for the Case

Ben Margolis argued the cause for petitioners in No. 6. With him on the brief were Norman Leonard, Alexander H. Schullman, A. L. Wirin and Leo Branton, Jr.

Robert W. Kenny argued the cause for petitioner in No. 7. With him on the brief was Benjamin Dreyfus.

Augustin Donovan argued the cause and filed a brief for petitioners in No. 8.

Philip R. Monahan argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Tompkins and Harold D. Koffsky.

Briefs of amici curiae urging reversal were filed by David I. Shapiro, Osmond K. Fraenkel and Fred Okrand, for the American Civil Liberties Union in No. 6, and Thomas D. McBride, for Kuzma et al., and Telford Taylor, for Hall, in Nos. 6, 7 and 8.

MR. JUSTICE HARLAN delivered the opinion of the Court.

We brought these cases here to consider certain questions arising under the Smith Act which have not heretofore been passed upon by this Court, and otherwise to review the convictions of these petitioners for conspiracy to violate that Act. Among other things, the convictions are claimed to rest upon an application of the Smith Act which is hostile to the principles upon which its constitutionality was upheld...

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