Williamson v. United States

Mr. Justice JACKSON, as Circuit Justice for the Second Circuit:

These Communist Party leaders were convicted for conspiring to advocate and teach the violent overthrow of the United States Government and to organize the Communist Party for that purpose. 1 They were not charged with any attempt or-with any overt act toward that end other- than those incident to such organization and teaching,

Defendants appealed and, after denial of bail by the trial court, applied to the Court of Appeals for its allowance. Government counsel conceded that the appeal presented a substantial question and upon…