In Scales v. United States, the Supreme Court upheld a conviction under the Smith Act which made it illegal to knowingly be a member of any organization advocating for the overthrow of the U.S. government. The defendant, Junius Irving Scales, was an active member of Communist Party USA and argued that his membership alone did not constitute "active" participation in an attempt to overthrow the government as required by law. However, evidence showed he had been involved in organizing activities and held leadership positions within party cells over many years. The court ruled 5-4 that such involvement constituted sufficient activity beyond mere passive membership to uphold his conviction under this act.

In the dissenting opinion for SCALES v. UNITED STATES, Justice Hugo Black argued that the majority's decision was a dangerous expansion of federal power and an infringement on individual liberties. He contended that membership in an organization should not be criminalized unless there is clear evidence of active participation in illegal activities or a specific intent to further those activities. The mere act of joining such organizations, he believed, falls under protected First Amendment activity. Furthermore, he expressed concern over the vagueness of defining what constitutes "active" membership and how this could potentially lead to arbitrary enforcement by authorities. This ruling set a precedent which allowed guilt by association rather than direct action or intent - something Justice Black saw as fundamentally unjust and unconstitutional.