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What test did the smith act have to meet in order to be declared constitutional?
Wiki User
∙ 8y ago
The Smith Act had to meet the test of constitutionality by not infringing upon free speech and assembly rights guaranteed by the First Amendment of the U.S. Constitution. The Act's provisions prohibiting advocating violent overthrow of the government were upheld by the Supreme Court under the "clear and present danger" test.
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