Court May Throw Out Convictions of Reds, Howe Says

Mark DeWolfe Howe '28, professor of Law, said last night that in his opinion the Smith Act of 1940, is unconstitutional and that the Supreme Court is likely to reverse the recent convictions of 11 Communist leaders.

In passing the Smith Act, Howe said, Congress itself the right to decide that advocacy of revolution presents "a clear and present danger" to the government.

In recent decisions, Howe said, the Supreme Court has indicated that it, and not Congress, has the right to settle the question of "immediate danger." Because the Smith Act runs afoul of these decisions, Howe said, "My personal vote would be that it is unconstitutional."

The law professor, who spoke before the American Veterans Committee in Littauer Auditorium, added that he will be "somewhat surprised" if the Court upholds Judge Harold R. Medina's charge to the Communist trial jury.

With specific reference to the 11 Communists, Howe commented, "I may be very innocent, but it doesn't seem to the that they present a 'clear and present danger' to the government at all."