50 U.S.C. § 844

Determination by jury of membership in Communist Party, participation, or knowledge of purpose

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In determining membership or participation in the Communist Party or any other organization defined in this Act, or knowledge of the purpose or objective of such party or organization, the jury, under instructions from the court, shall consider evidence, if presented, as to whether the accused person:(1) Has been listed to his knowledge as a member in any book or any of the lists, records, correspondence, or any other document of the organization;(2) Has made financial contribution to the organization in dues, assessments, loans, or in any other form;(3) Has made himself subject to the discipline of the organization in any form whatsoever;(4) Has executed orders, plans, or directives of any kind of the organization;(5) Has acted as an agent, courier, messenger, correspondent, organizer, or in any other capacity in behalf of the organization;(6) Has conferred with officers or other members of the organization in behalf of any plan or enterprise of the organization;(7) Has been accepted to his knowledge as an officer or member of the organization or as one to be called upon for services by other officers or members of the organization;(8) Has written, spoken or in any other way communicated by signal, semaphore, sign, or in any other form of communication orders, directives, or plans of the organization;(9) Has prepared documents, pamphlets, leaflets, books, or any other type of publication in behalf of the objectives and purposes of the organization;(10) Has mailed, shipped, circulated, distributed, delivered, or in any other way sent or delivered to others material or propaganda of any kind in behalf of the organization;(11) Has advised, counseled or in any other way imparted information, suggestions, recommendations to officers or members of the organization or to anyone else in behalf of the objectives of the organization;(12) Has indicated by word, action, conduct, writing or in any other way a willingness to carry out in any manner and to any degree the plans, designs, objectives, or purposes of the organization;(13) Has in any other way participated in the activities, planning, actions, objectives, or purposes of the organization;(14) The enumeration of the above subjects of evidence on membership or participation in the Communist Party or any other organization as above defined, shall not limit the inquiry into and consideration of any other subject of evidence on membership and participation as herein stated.(Aug. 24, 1954, ch. 886, § 5, 68 Stat. 776.)Editorial NotesReferences in Text

This Act, referred to in the provision preceding par. (1), is act Aug. 24, 1954, ch. 886, 68 Stat. 775, known as the Communist Control Act of 1954, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 781 of this title and Tables.

Codification

Section was enacted as part of the Communist Control Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

Notes of Decisions

Cited in 7 cases, 1955–1977 · leading case: Killian v. United States, 368 U.S. 231 (1962).

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Killian v. United States, 368 U.S. 231 (1962). · cites it 4× “While the criteria specified in the numbered paragraphs of the challenged instruction were in substance 12 of the 14 criteria specified by Congress in § 5 of the Communist Control Act of 1954 ( 50 U. S. C. § 844 ) to be considered by a jury in determining Communist Party…”

Uphaus v. Wyman, 360 U.S. 72 (1959). · cites it 2× “776 , 50 U. S. C. § 844 . [5] Although the nature of the investigation of individuals is difficult to convey without reproduction of the full report, two individual write-ups from other sections of the book (the names are used in the report but not here) are illustrative.”

Maurice E. Travis v. United States, 269 F.2d 928 (10th Cir. 1959). “In charging the jury with respect to the components of Communist Party membership and affiliation the trial court carefully followed the directions of this court expressed in the opinion on the first appeál. 14 The instructions were meaningful and clear.”

Maurice E. Travis v. United States, 247 F.2d 130 (10th Cir. 1957). “Under the Communist Control Act, Congress has outlined fourteen indications of membership which the jury shall consider, upon the presentation of such evidence, in determining whether the accused is a member of the Communist Party, 50 U.S.C.A. § 844 . Certainly these indicia of…”

United States v. Silverman, 129 F. Supp. 496 (D. Conn. 1955). “, which plainly means after August 24, 1954, and Section 5, 50 U.S.C.A. § 844 , relative to evidence to be considered in trying a ease under the Communist Control Act must be read in connection with Section 4 as admissible only to show membership or participation after August…”

Walter C. Lohman, Jr. v. United States, 251 F.2d 951 (6th Cir. 1958). “911 ; see 50 U.S.C.A. § 844 . As to the meaning of affiliation, the instructions should make clear the requirement of finding “a continuing course of conduct ‘on a fairly permanent basis’ ‘that could not be abruptly ended without giving at least reasonable cause for the charge…”

Appointment of Members of the Nat'l Comm'n on Neighborhoods (OLC 1977). · cites it 2× “, 50 U.S.C. § 844 , the provision in question lists no criteria to be considered in determining membership; the legislative history is also of little help.”

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