Smith Act Smith Act, 1940, passed by the U.S. Congress as the Alien Registration Act of 1940. The act, which made it an offense to advocate or belong to a group that advocated the violent overthrow of the government, was the basis of later prosecutions of members of the Communist and Socialist Workers parties. In 1957 the U.S. Supreme Court restricted the application of the Smith Act to instances of active participation in, or verbal encouragement of, specific insurrectionary activities Whittaker, Charles Evans Whittaker, Charles Evans, 1901–73, Associate Justice of the U.S. Supreme Court (1957–62), b. Troy, Kans. He received his law degree from the Univ. of Kansas City in 1924 and practiced law for many years. He served as judge of the U.S. District Court for Western Missouri (1954–56) and on the U.S. Court of Appeals, 8th circuit (1956–57), before appointment by President Eisenhower to the Supreme Court. Upon his retirement in 1962, he was succeeded by Byron R. White.
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