Potter Stewart

“ As the District Court viewed the issue of illegal procurement in this case, there was no occasion, as in Nowak and Maisenberg, to establish by inference or imputation the petitioner's personal beliefs, his 'attachment' or lack of it. The court was concerned only with objective facts-the petitioner's membership and the Party's purpose. ”

“ Section 305 of the Nationality Act of 1940 provided that no person should be eligible for naturalization who at any time within ten years preceding his application had been a member of any organization that advocated the overthrow by force or violence of the Government of the United States. ”

“ It was the claim of the petitioner's motion that Nowak and Maisenberg establish that ' (a) charge of illegal procurement of citizenship based upon alleged membership in the Communist Party, cannot be sustained where the evidence fails to show * * * that the defendant was aware that the organization was engaged in the kind of illegal advocacy proscribed by law during the period of his membership therein.' But the Nowak and Maisenberg decisions neither support nor oppose this interpretation of the 1940 Act. Those cases simply do not deal with the question. ”