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PENNSYLVANIA V. NELSON, 350 U. S. 497 (1956)

U.S. Supreme Court

Pennsylvania v. Nelson, 350 U.S. 497 (1956)

Pennsylvania v. Nelson

No. 10

Argued November 15-16, 1955

Decided April 2, 1956

350 U.S. 497


The Smith Act, as amended, 18 U.S.C. § 2385, which prohibits the knowing advocacy of the overthrow of the Government of the United States by force and violence, supersedes the enforceability of the Pennsylvania Sedition Act, which proscribes the same conduct. Pp. 350 U. S. 498-510.

1. The scheme of federal regulation is so pervasive as to make reasonable the inference that the Congress left no room for the States to supplement it. Pp. 350 U. S. 502-504.

2. The federal statutes touch a field in which the federal interest is so dominant that the federal system must be assumed to preclude enforcement of state laws on the same subject. Pp. 350 U. S. 504-505.

3. Enforcement of state sedition acts presents a serious danger of conflict with the administration of the federal program. Pp. 350 U. S. 505-510.

377 Pa. 58, 104 A.2d 133, affirmed.

Page 350 U. S. 498

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