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Noto v. United States
(詳細はUnited States Supreme Court case that reversed the felony conviction of a lower-echelon official of the Communist Party USA (CPUSA).
==Background==
John Francis Noto of Buffalo, New York, was the chairman of the CPUSA for upstate New York. According to officials of the Federal Bureau of Investigation, Noto "went underground" in 1951. A grand jury issued a secret indictment for his arrest in November 1954 and he was taken into custody on August 31, 1955〔''New York Times'': ("Red Leader Seized Upstate," September 1, 1955 ), accessed June 19, 2012; ''New York Times'': ("Smith Act Case First in State," September 18, 1955 ), accessed June 19, 2012. Noto was 37 years old at the time of his trial. He was a native of Ridgeway, Pennsylvania. The government claimed that he had been active in the Party since 1934, was the CPUSA's chairman for Erie County (Buffalo), a leader of the Young Communist League in the 1940s, and on the Party's payroll from 1946 to 1950.〕 He was convicted of a felony in federal District Court in Rochester in 1956 under the membership clause of the Smith Act, which made membership in an organization that advocates the violent overthrow of the United States government a felony. He was sentenced to five years in prison. He challenged the constitutionality of that clause on appeal. The Court of Appeals affirmed his conviction on December 31, 1958, and with respect to the membership clause said: "Clearly this is not a prosecution of membership per se but of membership with knowledge and criminal intent."〔''New York Times'': ("Red's Conviction Upheld by Court," January 1, 1959 ), accessed June 19, 2012〕
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