John Marshall Harlan II

“ We held in Yates, and we reiterate now, that the mere abstract teaching of Communist theory, including the teaching of the moral propriety or even moral necessity for a resort to force and violence, is not the same as preparing a group for violent action and steeling it to such action. ”

“ Even though it is not enough to sustain a conviction that the Party has engaged in 'mere doctrinal justification of forcible overthrow * * * (even) with the intent to accomplish overthrow,' Yates, supra, 354 U.S. at page 321, 77 S.Ct. at page 1078, it would seem that such a showing might be of weight in meeting the requirement that the particular defendant in a membership clause prosecution had the requisite criminal intent. ”

“ At a later date petitioner also discussed the penetration of an automobile plant in the area by Party members sent up from New York City. Regan also received a pamphlet, but not from the petitioner, dealing with the concentration program in the steel industry. The pamphlet stated at one point:
'1. Three basic industries, steel, railroad, and mining. These are basis (sic) to the National economy, that is if any one or all three are shut down by strike our economy is paralyzed. ”

“ The conference concerned the penetration of the United Auto Workers, and plans were made for getting people into various shops in automobile plants in the State, who could later assume positions of leadership in the union. ”

“ Moreover, such testimony as there is of that nature was not broadly based, but was limited almost exclusively to Party doings in western New York, more especially in the cities of Rochester and Buffalo, the scene of petitioner's principal Party activities. Further, the showing of illegal Party advocacy lacked the compelling quality which in Scales, ante, 367 U.S. 203, 81 S.Ct. 1469, 6 L.Ed.2d 782, was supplied by the petitioner's own utterances and systematic course of conduct as a high Party official. We proceed to a summary of this testimony. ”