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From Ex-communist witnesses, Herbert L. Packer, 1962 The Smith Act must be viewed against the background of the strong tradition against sedition laws in this country. Ever since the notorious Alien and Sedition Law of 1798, which was misused for political purposes by the Federalists against the Republicans, we have had a strong reluctance to use the criminal sanction against utterances deemed by the community to be subversive. The Smith Act, passed in 1940, was the first departure in federal law since 1798 (with the sole exception of the misnamed Espionage Acts of 1917 and 1918) from the view that traitorous deeds, rather than merely traitorous words, should be the target of official intervention. The Act made it unlawful to teach or advocate the overthrow of the Government by force or violence. This individual proscription is extended to group activity (and at the same time made more amenable to prosecution) by application of the general charge of conspiracy, the making of an agreement by two or more persons to commit a crime.
Packer, Herbert L. Uniform Title [ The limits of the criminal sanction.] Title I limiti della sanzione penale / Herbert L. Packer ; presentazione di Giuliano Vassalli. Publisher Milano : Giuffr�, 1978. Description xxviii, 411 p. ; 25 cm. Series Studi di diritto comparato.17. Language Italian Note Translation of: The limits of the criminal sanction. Summary in French. Includes index. Note Bibliography: p. [387]-390. |
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W. Paul Tabaka
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