Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-04-02
High Court Bars State
Sedition Prosecution
Rules, 60,
FoFNeIson
In RedCuse
BY ROBERT X. WALSH

The Supreme Court held to-
day that sedition against the
Federal Government is Federal
offense which must be prose-
cuted in Federal courts and not
under State sedition laws.
1t ruled, 6-to-3, in affirming a
Pennsylvania Supreme Court de-
cision which had reversed the
conviction of Steve Nelson, a
western Pennsylvania Commu-
mist Party leader, on charges of
violating that States sedition
act.
The opinion written by Chief
Justice Warren made clear that
the decision in this case does
not affect the right of States
to enforce their sedition laws at
times when the Federal Gov
eminent has not occupied the
field" The Chief Justice also
declared the decision in no way
limits the jurisdiction of States
where the Constitution and
Congress specifically provide
concurrent jurisdiction, as was
done under the Eighteenth
Amendment and the Volstead
Act in national prohibition days.
Three Justices Dissent
Justices Reed, Burton and
Minton disSented. They con-
tended that Congress, in passing
the Smith Act IN 1910 to cope
with seditious and subversive
acts and organizations, was
aware Of the many existing State
laws banning Sedition. The dis
Senting Justices said that in
these circumstances this court
should not void State legislation
without a clear mandate from
Congress.
Chief Justice Warren stated,
however, that the conclusion is
unacceptable that Congress has
intended to occupy the field of
sedltion He said that all of the
Federal legislative enactments
on the subject ''evince a con-
gressional plan which makes it
reasonable to determine that no
room has been left for the States
TO supplement it,"
Therefore, the Chief Justice
added, State sedition law, even
when purporting to supplement
Federal law against sedition, is
superseded by the Federal legis-
lation.
Raised Basic Question
The Steve Nelson case in
pennsylvania attracted Nation
wide interest, not only because
Nelson is widely known as a Com.
muniSt leader. but also because
OF the basic question involving
respective Jurisdictions of Fed
ersl and State courts in Sedition
cases.
Nelson was convicted under
the State law specifically BAN
ming the advocating of violent
overthrow OF the United States
Government. He was sentenced
to 20 years in prison. The con-
Vlctlon was reversed by the
State Supreme Court mainly on
the ground that sedit:on against
the United States is a Federal
offense which can be prosecuted
only in Federal Courts.
Numerous States have sedition
laws. The State of Pennsylvania
IN appealing to the United States
supreme Court was Ioined by
attorneys general from Of other
States in declaring that the
State Supreme Court decision
cast serious doubt OH State laws
which have been in effect for
many years.
Although the high courts
ruling today frees Nelson from
the State court conviction, he
stu is under Federal conviction
Tor conspiring to violate the 1910
smith Act. He was convicted last
year in Federal Court in Pitts
ourGh on charges of advocating
violent overthrow of the United
states Government and was SEN
fenced to five years in prison.
The United States Court OF
Appeals in Philadelphia upheld
that conviction, The United
states Supreme Court last De-
cemoer agreed to review the
Federal Court conviction. but
has not vet heard arp,,p,n,,te