Nature of the Case
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Facts
The Smith Act was a vehicle to prosecute communist party officials. Petitioner Scales was prosecuted for being a member of Communist Party in North Carolina and South Carolina. The trial court's jury instructions directed the jury to convict Scales if it the jury determined that both, Scales incited the violent overthrow of the government by advocating a certain action and if Scales was an active leader in the Communist Party. The U.S. Supreme Court upheld the conviction.
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