Smith Act Trial (1949)

Tue Nov 01, 1949

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Image: Defendants charged under the Smith Act Robert Thompson and Benjamin Davis smiling, surrounded by pickets as they leave the Federal Courthouse in New York City in 1949 [Wikipedia]

On this day in 1949, the first trial of communist leaders under the Smith Act began in Manhattan. The trial spanned 10 months at the height of anti-communist hysteria. All 11 defendants were convicted, and all 5 of their attorneys imprisoned.

The Alien Registration Act, popularly known as the Smith Act, is a United States federal statute that was enacted on June 28th, 1940.

The Act set criminal penalties for advocating the overthrow of the U.S. government by force or violence and required all non-citizen adult residents to register with the federal government. Approximately 215 people were indicted under the legislation, including alleged communists, anarchists, and fascists.

On November 1st, 1949, the first trial of communist leaders began in Manhattan, New York. The trial, lasting ten months, was one of the longest in United States history, and took place at a fever pitch of anti-communist hysteria - the USSR tested its first nuke, communists won the Chinese Civil War, and the House of Un-American Activities Committee began its censorship in Hollywood, all while the trial was underway.

All eleven defendants were convicted under the Smith Act, and all five of their defense attorneys were imprisoned for contempt of court. Two were later disbarred. In the years following, more than 100 additional Communist Party USA (CPUSA) officers were convicted for violating the Smith Act, decimating the leadership of the CPUSA.

The Supreme Court put an end to these types of convictions in Yates v. United States (1957), where it ruled that radical speech was protected under the 1st amendment.