Scales v. United States
United States Supreme Court
367 U.S. 203 (1961)
Scales (defendant) was charged with violating a provision of the Smith Act that made it illegal to be a member, with knowledge of the purposes of the organization, of any group advocating the forceful overthrow of the United States government. Scales was the Chairman of the North and South Carolina districts of the Communist Party. The district court instructed the jury that it could not convict Scales unless it found that the Communist Party advocated overthrowing the government as soon as possible and that Scales actively participated in the group’s efforts to bring about government overthrow imminently. Scales was convicted and appealed.
Rule of Law
Holding and Reasoning (Harlan, J.)
Dissent (Black, J.)
Dissent (Douglas, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.