In 1940 the the Smith Act was passed prohibited the aiding and abetting of any subversive organization that advocated revolutionary overthrow of the government. The Truman Administration would use this in the 50s(the Second Red Scare of McCarthyism) to prosecute over 140 members of the impotent CPUSA. They were denied the right to plead the fifth to protect themselves from self-incrimination and civil liberties such as the freedom of association and speech. Most were forced to self-represent as they had a hard time finding legal counsel because defense attorneys were threatened with the charge of contempt of court and disbarment if they were to take up such cases. They were also unable to post bail . In 1957 the Yates v. United States decision overturned these convictions as unconstitutional stating there must be a distinction between conspiratorial incitement and the espousing of an abstract ideal