Summary

Scales v. United States (360 U.S. 924…

Whether the 'clear and present danger' doctrine, as interpreted by counsel, has application to the Membership Clause, either with respect to the accused or with respect to the 'society, group, or assembly of persons' described in the statute. If applicable, whether such doctrine was or can now be, properly applied in this case.
' (5) Is § 4 (f) of the Internal Security Act, 50 U.S.C.A. § 780 [783] , a bar to the present prosecution? Counsel are requested to discuss the relevance of the registration provisions of that Act to this question.'
Two hours are allotted to each side for oral argument.
Source: Wikisource

Scales v. United States (360 U.S. 924…

After affirmance of a second conviction, we again granted certiorari, 358 U.S. 917, 79 S.Ct. 289, 3 L.Ed.2d 237, and on April 29, 1959, heard oral argument for the second time.
The Court poses some questions ostensibly for the guidance of counsel at the third argument. None involves the 'Jencks question,' so there must be no doubt in the Court's mind on that issue. In fact all of the questions posed have been fairly covered by the two arguments already made by capable counsel. All the reargument does is cause inordinate delay.
Source: Wikisource

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