| Scales v. United States | |
|---|---|
 | |
| Argued April 29, 1959 Reargued October 10, 1960 Decided June 5, 1961 | |
| Full case name | Scales v. United States |
| Citations | 367 U.S. 203 (more) 81 S. Ct. 1469; 6 L. Ed. 2d 782 |
| Holding | |
| The Internal Security Act of 1950, which provides, in part, that neither "the holding of office nor membership in any Communist organization by any person shall constitute per se a violation" of that or any other criminal statute, did not repeal pro tanto the membership clause of the Smith Act by excluding from the reach of that clause membership in any Communist organization | |
| Court membership | |
| |
| Case opinions | |
| Majority | Harlan, joined by Frankfurter, Clark, Whittaker, Stewart |
| Dissent | Black |
| Dissent | Douglas |
| Dissent | Brennan, joined by Warren, Douglas |
| Laws applied | |
| Smith Act, McCarran Act | |
Wikisource has original text related to this article:
Scales v. United States, 367 U.S. 203 (1961), was a 1960 decision of the United States Supreme Court that upheld the conviction of Junius Scales for violating of the Smith Act on the basis on his membership in the Communist Party of the United States (CPUSA).