Antisedition law adopted in 1940 to deal with the perceived threats of communism and fascism.
The Smith Act criminalizes advocating or teaching the overthrow of the government by force or other illegal or violent means. The crime established is similar to the old common-law crime of sedition. Because the essence of the offense is speaking or publishing alone, prosecutions under the Smith Act always involve free speech issues. The first important case under the act, brought against the top eleven leaders of the Communist
However, the act did not fare well in subsequent decisions because of the Court’s concern for freedom of speech. In Brandenburg v. Ohio
Bad tendency test
Brandenburg v. Ohio
Cold War
Dennis v. United States
Espionage acts
Scales v. United States
Schenck v. United States
Seditious libel
Speech and press, freedom of
Subversion