Summary

Nowak v. United States — Opinion of the Court

The Government argues that the requisite understanding of the question should be imputed to Nowak, 'an important functionary in the Party, and an intelligent man,' because of the fact that for some period prior to 1937 the deportation and exclusion statutes applied to aliens 'who are anarchists; aliens who believe in or advocate the overthrow by force or violence of the Government of the United States or of all forms of law.' Act of October 16, 1918, 40 Stat.
Source: Wikisource

Nowak v. United States — Opinion of the Court

In 1913, at the age of 10 years, petitioner was brought to the United States as an immigrant from Poland. In June 1938 the United States District Court for the Eastern District of Michigan entered its order admitting him to citizenship. More than 14 years later, in December 1952, the United States brought this suit under § 338 (a) of the Nationality Act of 1940 [1] to set aside the naturalization decree, alleging that Nowak had obtained his citizenship both fraudulently and illegally. The Government filed with its complaint an 'affidavit showing good cause,' as required by § 338 (a) .
Source: Wikisource

Nowak v. United States — Opinion of the Court

Are you a believer in anarchy? * * * Do you belong to or are you associated with any organization which teaches or advocates anarchy or the overthrow of existing government in this country? * * *'
Nowak placed 'No' after each part of the question. The courts below ruled that he should have answered 'Yes' to the second part because in 1937, when the form was executed, (1) Nowak was a member of the Communist Party; (2) the Party taught 'the overthrow of existing government'; and (3) Nowak was aware of this Party teaching.
Source: Wikisource

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