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tr he a5) 5) . i - fe Office Memorandum ¢ UNITED STATES GOVERNMENT ro t+ The Director — | DATE: @f-GO-3S J.P. Mohr The Congressional Record Congresaman Kearney New York, extended hie remarks to ———— include an article which al aidel in the New York Herald Tribune of February 16, 1958, entitled "After High Court Ruling - Smith Act Losing Teeth; ‘United States Drops More Cases." it is stated in the article "The 1940 Smith Act, under which top United States Communist leaders went to prison, is losing its teeth. ----- The Government is dropping cases not yet t to trial. And no new prosecutions have been brought since decision June 17 in what is known as the Yates case. at On ----- the high court ruled that preaching abstractly the forcikke overthrow of the Government is not a crime under the Smith Act." The article goes on to state Appeals from Smith Act convictions still are pending in the United States Courts of Appeals in Cincinnati and St. Louis, and the Justice Department is hopeful those courts may view the impact of the Yates decision more favorably to the Government. The ca Original filed in: ZL - // KRY - YS 2 th Act c Department meanwhile says for the record that each Smi will be examined separately on its merits in light of the Yates decision." —_—_—_ t ~ we &, Cd-4 IG G5- Vv c ra ma TS Bey 47 MAR 6_1959) - INITIALS ON O21igae Tn the original of a orandum captioned and dated as above, the Congressional Record for 3 af Tbe St was reviewed and pertinent items were marked for the Director's attention. This form has been prepared in order that portions of a copy of the original memorandum may be clipped, mounted, and 6 ( ced in appropriate Bureau case or subject matter files. ait 12 1953 F237