In June 1940, CONGRESS overwhelmingly approved the Alien Registration Act, popularly known as the Smith Act after its principal author, Virginia Democratic representative Howard W. Smith. The registration of ENEMY ALIENS during World War II was carried out under the provisions of the Smith Act.
The Smith Act mandated the registration and fingerprinting of all resident aliens (hence its official name) and authorized the deportation of any alien who belonged to a revolutionary organization or expressed revolutionary sentiments. But much of the legislation aimed at limiting political expression. The act made illegal any speech that attempted to create disloyalty among members of the military. It also outlawed speech that “advocated the necessity, desirability or propriety of overthrowing the government by force.” Organizations were forbidden to teach overthrow of the GOVERNMENT, and any printed matter intended for use in violation of the act was subject to seizure. Originally, the penalty for conviction of these offenses was a prison term of up to 10 years and/or a fine of up to $10,000, but these limits were later doubled.
Talk of an antisedition measure had begun in response to leftist activities in the 1930s, but increasing concerns about the war in Europe and the role there of fifth-column internal subversion and sabotage paved the way for the bill’s passage. By June 1940, when Germany defeated France, many Americans, including President FRANKLIN D. ROOSEVELT, supported measures to limit political dissent, especially among supporters of fascism and the AxiS powers.
Only two cases were prosecuted under the Smith Act during World War II. In one case, 29 members of the Socialist Workers Party, a communist group centered in Minnesota, were indicted for conspiring to destroy the U. S. GOVERNMENT. Of the 29, 18 were convicted, 10 were acquitted, and one committed suicide. The other case, which became known as the Great Sedition Trial, involved 39 defendants who were alleged to be leaders of a fascist conspiracy. It resulted in no convictions.
In the early years of the cold war, prosecutions under the Smith Act became more common, because of fears of communism and accusations made by the House Un-
American Activities Committee. In all, more than 150 persons have been indicted for violating this law. In 1951, the Supreme Court upheld the Smith Act in Dennis v. United States; the Court subsequently narrowed the law’s scope, but has never found it unconstitutional.
See also civiL LIBERTIES; Communists.
—Pamela J. Lauer
World History
