John Cyril Hellman v. United States

This is an appeal from a judgment of conviction after a jury trial under an indictment based upon the membership clause of the Smith Act, 18 U.S.C.A. § 2385 , third paragraph.

During oral argument in this court opposing counsel joined in the suggestion that this appeal not be taken under submission until the Supreme Court had rendered its decision in Scales v. United States, then pending in that court. We accepted this suggestion. Seales has now been decided and rehearing has been denied. 367 U.S. 203 , 81 S.Ct. 1469 , 6 L.Ed.2d 782 . Supplemental briefs requested by this court were thereafter filed.

In view of the decision in Scales, appellant no longer presses two of the arguments which he originally advanced in this court, namely: that the membership clause of the Smith Act violates the First Amendment of the Constitution, and that the membership clause was repealed by section 4(f) of the Internal Security Act of 1950, 50 U.S.C.A. § 783 (f).

He does, however, renew his remaining arguments, although some are recast or expanded to take account of pronouncements contained in the Scales opinion and in Noto v. United States, 367 U.S. 290 , 81 S.Ct. 1517 , 6 L.Ed.2d 836 , decided…