From The Communist Trials and the American Tradition, John Somerville, 1956
In the actual wording of [the] Smith Act indictments, which are similar to those in all Smith Act “conspiracy” cases to date, the reader has an opportunity to observe how wide of the mark is the popular impression that those brought to trial under this law are charged with attempting to overthrow the government by force and violence. To be sure, they are charged with being in a conspiracy, but not a conspiracy to overthrow the government by force and violence. The conspiracy they are charged with is a conspiracy to teach and advocate a doctrine of forcible and violent overthrow of the government.. . . there is a vast difference between a conspiracy to overthrow and a conspiracy to teach a doctrine of overthrow. . . .
. . . if there had been any evidence of attempt to overthrow, or conspiracy to overthrow the government, the “overt acts” would almost certainly have been intrinsically criminal in character : illegally using or secreting weapons; attempting seizure, or making plans for seizure, of government buildings; stealing, or making plans for stealing, government documents, and the like. Such acts are clearly proof of criminal intent. . . .
New York : Cameron Associates, 1956, pages 250 – 252.
Comment : 'But there is not a single overt act cited in the indictments under discussion which was criminal in itself,' continued the author. I understand, there certainly was something wrong somewhere but nobody could tell what exactly was wrong.Unfortunately, the conduct of some had given rise to arguments over principles by some others. That itself seems certain to have been part of the communistic tactics. — (WPT)