Home > Great American Court Cases > Scales v. United States

Legal Citation: 367 U.S. 203 (1961)

Petitioner
Junius Irving Scales

Respondent
United States

Petitioner's Claim
That the membership clause of the Smith Act, which makes it a crime to belong "knowingly" to an organization advocating overthrow of the government, violates the rights of free speech and association, as well as due process.

Chief Lawyer for Petitioner
Telford Taylor

Chief Lawyer for Respondent
John F. Davis

Justices for the Court
Tom C. Clark, Felix Frankfurter, John Marshall Harlan II (writing for the Court), Potter Stewart, Charles Evans Whittaker

Justices Dissenting
Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Earl Warren

Place
Washington, D.C.

Date of Decision
5 June 1961

Decision
The Supreme Court upheld the...