Stanley Forman Reed

“ Congress has not, in any of its statutes relating to sedition, specifically barred the exercise of state power to punish the same Acts under state law. And, we read the majority opinion to assume for this case that, absent federal legislation, there is no constitutional bar to punishment of sedition against the United States by both a State and the Nation. [1] The majority limits to the federal courts the power to try charges of sedition against the Federal Government. ”

“ In the responsibility of national and local governments to protect themselves against sedition, there is no 'dominant interest.' We are citizens of the United States and of the State wherein we reside and are dependent upon the strength of both to preserve our rights and liberties. Both may enact criminal statutes for mutual protection unless Congress has otherwise provided. ”

“ There is, consequently, no question as to whether some general congressional regulatory scheme might be upset by a coinciding state plan. [2] In these circumstances the conflict should be clear and direct before this Court reads a congressional intent to void state legislation into the federal sedition acts. [3] Chief Justice Marshall wrote:
'To interfere with the penal laws of a State, where they * * * have for their sole object the internal government of the country, is a very serious measure, which Congress cannot be supposed to adopt lightly, or inconsiderately. ”