Viereck v. United States

In Viereck v. United States (1943) 318 U.S. 236, the petitioner stood convicted of willfully omitting a material fact in a registration form he filed with the secretary of state. Registration was required for certain agents of foreign principals and disclosure of contracts between the same was also required. ( Viereck v. United States, supra, 318 U.S. at pp. 237-238 87 L. Ed. at pp. 735-736.) America was involved in World War II when the prosecutor argued improperly as follows: "'In closing, let me remind you, ladies and gentlemen, that this is war. This is war, harsh, cruel, murderous war. There are those who, right at this very moment, are plotting your death and my death; plotting our death and the death of our families because we have committed no other crime than that we do not agree with their ideas of persecution and concentration camps. This is war. It is a fight to the death. The American people are relying upon you ladies and gentlemen for their protection against this sort of a crime, just as much as they are relying upon the protection of the men who man the guns in Bataan Peninsula, and everywhere else. They are relying upon you ladies and gentlemen for their protection. We are at war. You have a duty to perform here. As a representative of your Government I am calling upon every one of you to do your duty.'" ( Id. at p. 247, fn. 3 87 L. Ed. at p. 741, fn. 3.) Viereck concluded the prosecutor's argument was wholly irrelevant to the facts and its purpose and effect could only have been to arouse passion and prejudice. ( Id. at pp. 247-248 87 L. Ed. at p. 741.)