In the early years of World War II (1939–45), some Americans were
concerned that foreigners and subversive, or revolutionary, groups were
plotting to undermine the U.S. government. Although the United States
had not yet entered the war, Congress passed the Alien Registration Act
in 1940 to address some of these concerns.
The Alien Registration Act was proposed by U.S. representative
Howard W. Smith (1883–1976) of Virginia, so the law was also called
the Smith Act. It was quite controversial, because it severely limited free
speech aimed at criticizing the U.S. government. It also required all
noncitizen adults to register with the United States, hence the name of
the act. Section I imposed a $10,000 fine and time in prison for those
who attempted to undermine the morale of U.S. soldiers.
Sections II and III imposed similar penalties for those who supported or encouraged the overthrow of the government. Merely teaching or advising such action was not allowed, even without taking active
steps. The Smith Act also outlawed the publication and distribution of
material that advocated a revolution or the organization of a rebellious
group. The act prohibited attempts to violate any part of the law. A 1948
revision made conviction somewhat harder by requiring proof of overt
acts to advocate or attempt the overthrow of the government. Merely
harboring such beliefs was no longer prohibited under the act.
During the 1940s and 1950s, more than a hundred people were
charged with violation of the Smith Act. Only twenty-nine served time
in prison for their conduct. The government targeted enforcement activity at members of communist and socialist organizations. (Communism
and socialism are both economic and political theories that advocate
communal ownership of property, and support governments in which
the means of production are owned and controlled by the state for the
good of all citizens.) Cases were appealed to the U.S. Supreme Court.
In 1951, the Court found that the act did not violate rights under the
U.S. Constitution. In 1957, however, the Court decided that teaching
or advocating the overthrow of the government is constitutionally protected free speech. After that decision speech had to be accompanied by
subversive action in order to be a punishable offense.