1940's Law and Justice | The Smith Act

Concern Over Subversives.

Enacted by the U.S. Congress and signed by President Franklin D. Roosevelt in 1940, the Alien Registration Act, best known as the Smith Act, was one of the most controversial laws passed in response to concerns over possibly subversive groups operating in the United States. A product of prewar anxieties, the Smith Act was proposed by Rep. Howard W-Smith of Virginia. The controversial aspects of the law were the sections that made it illegal to hold certain public opinions and that outlawed certain kinds of speech. Section I stipulated a ten-thousand-dollar fine and ten years in prison for attempting to undermine the morale of the armed forces. Sections II and III—the heart of the act and the sections which gave pause to so many civil libertarians—outlined the same penalties for anyone convicted who "advocates, abets, advises, or teaches" the violent overthrow of the U.S. government. It...