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The Smith Act, enacted in 1940, made it illegal to advocate for the violent overthrow of the U.S. government or to organize or be a member of any group that advocated such actions. It specifically targeted individuals involved in communist and socialist organizations, making it a crime to teach or promote the principles of these ideologies if they called for the overthrow of the government. The Act was used to prosecute several prominent figures and groups during the Red Scare.

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