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Case library · The Red Scare

Membership As A Crime

Scales v. United States (1961)

Charge: Knowing membership in an organisation advocating violent overthrow of the governmentCourt: U.S. Supreme CourtState: North CarolinaDocket: The Red Scare

The facts

A regional leader of a communist party was prosecuted under a federal law that makes it a crime to belong to a group advocating the violent overthrow of the government. Former members testified the party taught that violent revolution was inevitable, ran schools in revolutionary tactics, and that he personally told recruits force would be needed. He says punishing a man for what organisation he belongs to punishes his beliefs. The law requires proof he was an active member, knew the unlawful aim, and meant to bring it about.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Scales v. United States, 367 U.S. 203 (1961)

Read more at supreme.justia.com. The source reveals the outcome.

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