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UPHAUS v. WYMAN 360 U.S. 72 (1959)In PENNSYLVANIA V. NELSON (1956) the Court appeared to hold that the Smith Act preempted state antisubversion laws. Here the Court held that state JURISDICTION over sedition against the state, as opposed to sedition against the federal government, was not preempted. In Sweezy v. New Hampshire (1956) the Court had invalidated a subversion investigation by the New Hampshire attorney general. Here, using the interest-balancing techniques of BARENBLATT V. UNITED STATES (1959), decided the same day, the Court upheld a similar investigation by him in his capacity as a one-man legislative investigating committee. MARTIN SHAPIRO |
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