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

50 U.S.C. § 844

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.

Notes, amendments, and revision history

(Aug. 24, 1954, ch. 886, § 5, 68 Stat. 776.)

Editorial Notes

References 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.