In 1941 the first prosecutions - leaders of the Socialist Workers Party in Minneapolis - were carried out under the Smith Act. Smith Act used to prosecute Socialist, Communist leaders Meanwhile, the government apparently initiated prosecutions against many communists for their political beliefs, triggering First Amendment concerns.
Smith, D-Va., responding to the escalation of armed conflict in Europe and what appeared to be a rise in communist and socialist movements in the United States, introduced legislation to restrict subversive activities.īroadly written, the Smith Act forbade any attempts to “advocate, abet, advise, or teach” the violent destruction of the U.S. (AP Photo, used with permission from the Associated Press) In this 1942 photo, Smith points to a slogan “You can’t beat Hitler with a 40-hour week,” which he adopted in his unsuccessful fight to suspend the 40-hour week and overtime bonuses through legislation.
The Smith Act raised constitutional questions about the freedom of speech under the First Amendment. The new law made it a crime to advocate for the violent destruction of the U.S.
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