Tom C. Clark

“ We all know that the Communist movement has as its ultimate objective the overthrow of government by force and violence or by any means, legal or illegal, or a combination of both. That testimony was indisputably produced before the special committee of which I was chairman, and came from the lips not of those who gave hearsay testimony, but of the actual official records of the Communist Party of the United States, presented to our committee by the executive secretary of the Communist Party and the leader of the Communist Party in the United States, Earl Browder. ”

“ I thought that Dennis merely held that a charge was sufficient where it requires a finding that
the Party advocates the theory that there is a duty and necessity to overthrow the Government by force and violence. ”

“ I cannot agree that half of the indictment against the remaining nine petitioners should be quashed as barred by the statute of limitations. I agree with my Brother BURTON that the Court has incorrectly interpreted the [p348] term "organize" as used in the Smith Act. The Court concludes that the plain words of the Act, [2] "Whoever organizes or helps or attempts to organize any society, group, or assembly of persons" (emphasis added) embodies only those "acts entering into the creation of a new organization." ”