MR. CHIEF JUSTICE VINSON announced the judgment of the Court and an opinion in which MR. JUSTICE REED, MR. JUSTICE BURTON, and MR. JUSTICE MINTON join. . . .Sections 2 and 3 of the Smith Act, provide as follows:
The Dennis case represents the last stage of the 1949 trial of the eleven leaders of the Communist Party of the United States for violations of the Smith Act of 1940. The Supreme Court granted certiorari, limited to a review of whether sections 2 or 3 of the Smith Act, inherently or as construed and applied, violated the First or Fifth Amendments.
|(a) It shall be unlawful for any person --|
Sec. 3. It shall be unlawful for any person to attempt to commit, or to conspire to commit, any of the acts prohibited by the provisions of. . . this title.
The indictment charged the petitioners with wilfully and knowingly conspiring (1) to organize as the Communist Party of the United States of America a society, group and assembly of persons who teach and advocate the overthrow and destruction of the Government of the United States by force and violence, and (2) knowingly and wilfully to advocate and teach the duty and necessity of overthrowing and destroying the Government of the United States by force and violence. The indictment further alleged that §2 of the Smith Act proscribes these acts and that any conspiracy to take such action is a violation of §3 of the Act. . . .
. . . Our limited grant of the writ of certiorari has removed from our consideration any question as to the sufficiency of the evidence to support the