Smith Act (1940)

Fri Jun 28, 1940

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Image: Defendants charged under the Smith Act Robert Thompson and Benjamin Davis smiling, surrounded by pickets as they leave the Federal Courthouse in New York City in 1949 [Wikipedia]

The Smith Act, passed on this day in 1940, is a federal U.S. law that was used to repress left-wing speech and activism. It banned advocating for the overthrowing the state by force and required all non-citizens to register with the govt.

The law, also known as the Alien Registration Act, led to 4.7 million non-citizens registering with the federal government between August 1940 and January 1941 alone. After the U.S. entered World War II, federal authorities used data gathered from alien registrations to identify citizens of enemy nations and take 2,971 them into custody by the end of the year.

Approximately 215 people were indicted under the legislation, including alleged communists, anarchists, and fascists. One of the most infamous cases involving the Smith Act was a ten-month trial of eleven communist leaders in 1949, ten of whom, including Benjamin Davis, were sentenced to multiple years in prison.

Prosecutions under the Smith Act continued until a series of U.S. Supreme Court decisions in 1957 reversed a number of convictions under the Act, deeming them unconstitutional. The law has also been amended several times, but is still in effect today.