PENNSYLVANIA v. NELSON 350 U.S. 497 (1956)

The Supreme Court banned outright state prosecutions for sedition against the United States by ruling, in Pennsylvania v. Nelson, that Congress had already preempted that field of sovereignty. The decision had the effect of limiting the states to punishing sedition against state or local, but not federal, government.

Steve Nelson, an avowed communist, had been convicted for violating Pennsylvania's stringent sedition law by his words and actions concerning the federal government; he was sentenced to serve twenty years in prison and pay large fines. The state supreme court reversed, holding the state law had been superseded by the Smith Act. The Supreme Court upheld and extended this ruling. Chief Justice earl warren used three criteria or a three-part criterion in ruling that there was no longer room for state action in this field. The scheme of federal regulation, he maintained, which included the Smith Act, the internal security act of 1950, and the communist control act of 1954, was "so pervasive" as to leave no room for state regulation. Further, these federal statutes demonstrated a federal interest "so dominant" as to preclude state action on the same subject; and for the state to enforce its federal law presented a "serious danger of conflict" with the administration of the federal program. Three Justices dissented, arguing that Congress had not intended to preempt the internal security field.

Following the decision all pending proceedings under the state sedition laws were dismissed or abandoned. Congress considered a measure to set aside the decision but failed to enact it.

Paul L. Murphy
(1986)