FLAXER v. UNITED STATES

Whether publication of lawfully obtained communications that had been recorded by an illegal wiretap is protected by the First Amendment, despite being prohibited by a statute.

"Does appellants' action in refusing to allow an alien scholar to enter the country to attend academic meetings violate the First Amendment rights of American scholars and students who had invited him?"

This case draws into question the constitutionality a section of the Subversive Activities Control Act of 1950,which provides that, when a Communist-action organization is under a final order to register, it shall be unlawful for any member of the organization "to engage in any employment in any defense facility."

Whether the Florida Legislative Investigative Committee, in an attempt to inform itself about activities of subversive organizations, violated petitioners First and Fourteenth Amendment association rights.

Whether the membership clause of the Smith Act, as applied to an "active member" of the Communist party, infringes on freedoms of expression and association in violation of the First Amendment.

Whether a conviction under the membership clause of the Smith Act was based on sufficient evidence that a Communist Party member "presently advocated forcible overthrow of the Government."

Does requiring individuals to register their political party affiliation with the Attorney General violate the First Amendment?

Whether a Louisiana statute which compels teachers in public institutions to disclose which organizations they belong or contribute to unconstitutionally burdens a teachers 14th Amendment right of free association.

Whether the Subcommittee of the House Committee on Un-American Activities inquiry into petitioners past or present membership in the Communist Party violated the First Amendment.

Whether a California law requiring a loyalty oath in order to gain a tax exemption violated due process of law.

Whether an investigation conducted under the aegis of state legislature to determine whether a professor was a subversive person in the state and including asking him for the contents of a lecture he gave at the state university and his knowledge of the Progressive Party violated the First Amendment.

Whether the conviction of 14 Communists under the Smith Act for conspiring to "advocate and teach the duty of overthrowing the government by force or violence" violated the First Amendment

Whether a state loyalty oath violated the Due Process Clause of the Fourteenth Amendment.

Whether the Alien Registration Act of 1940, authorizing the deportation of legally resident aliens because of membership in the Communist Party, violated freedom of speech and assembly in contravention of the First Amendment.

Whether the Smith Act which makes it a crime to "knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by assignation" is on its face and as applied to the Petitioners violative of the First Amendment.

Whether sect. 9 (h) of the Taft Hartley Act (1947) which required officers of labor unions to sign affidavits indicating that they were not members of the Communist Party, or supporters of it, or advocated the violent overthrow of the government violated the First Amendment

Whether a Georgia law prohibiting an "attempt to incite insurrection" was unconstitutional as applied to a Communist member planning to distribute literature, because the law was too vague to provide a sufficiently ascertainable standard of guilt.

Whether, consistent with the First and Fourteenth Amendments, mere participation in a meeting called by the Communist Party can be criminalized.

Whether the Espionage Act violates the First Amendment as applied to distributing leaflets calling for a strike at U.S. ammunitions plants.

Whether a conviction under the Espionage Act of 1917 for circulating anti-war articles should be overturned on First Amendment grounds.

Whether a political candidate’s speech that was considered to obstruct the United States’ war effort in violation of the Espionage Act deserved First Amendment protection.

Charles Schenck was charged with conspiracy to violate the Espionage Act for distributing anti-war leaflets that urged people to boycott the draft.