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SCALES v. UNITED STATES

No. 1.

367 U.S. 203 (1961)

SCALES v. UNITED STATES.

Supreme Court of United States.

Reargued October 10, 1960.

Decided June 5, 1961.

Attorney(s) appearing for the Case

Telford Taylor reargued the cause for petitioner. With him on the briefs was McNeill Smith.

John F. Davis reargued the cause for the United States. With him on the briefs were Solicitor General Rankin, Assistant Attorney General Yeagley, Kevin T. Maroney and Philip R. Monahan.

Osmond K. Fraenkel filed a brief for the American Civil Liberties Union, as amicus curiae, urging reversal.

MR. JUSTICE HARLAN delivered the opinion of the Court.

Our writ issued in this case (358 U.S. 917) to review a judgment of the Court of Appeals (260 F.2d 21) affirming petitioner's conviction under the so-called membership clause of the Smith Act. 18 U. S. C. § 2385. The Act, among other things, makes a felony the acquisition or holding of knowing membership in any organization which...

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