In July 1948, a dozen leaders of the Communist Party were arrested and accused of violating the Smith Act by advocating the overthrow of the US government by force and violence. After they were convicted in the Foley Square trial they appealed to the Supreme Court, which upheld their conviction in Dennis v. United States; two justices wrote in dissent that they were convicted in violation of their Constitutional rights for engaging in activities protected by the First Amendment. Flynn launched a campaign for their release but, in June 1951, was herself arrested in the second wave of arrests and prosecuted under the Smith Act with sixteen other Communist Party members. They were accused of charged conspiring to "teach and advocate violent overthrow" the government. Original lawyers included: Abraham L. Pomerantz, Carol Weiss King, Victor Rabinowitz, Michael Begun, Harold I. Cammer, Mary Kaufman, Leonard Boudin, and Abraham Unger. Later, they were relieved by O. John Rogge, gangster Frank Costello's lawyer George Wolf, William W. Kleinman, Joseph L. Delaney, Frank Serri, Osmond K. Fraenkel, Henry G. Singer, Abraham J. Gellinoff, Raphael P. Koenig, and Nicholas Atlas. After a nine-month trial, she was found guilty and served two years in Federal Prison Camp, Alderson near Alderson, West Virginia. She later wrote a prison memoir, "The Alderson Story: My Life as a Political Prisoner". After her release from prison, Flynn resumed her activities for leftist and Communist causes. She ran for the New York City Council as a Communist in 1957, garnering a total of 710 votes. Flynn became national chairwoman of the Communist Party of the United States in 1961. She made several visits to the Soviet Union. In 1907, Flynn met a Minnesota local organizer for the Industrial Workers of the World, J. A. Jones. He was sixteen years older than she, but Flynn stated in her autobiography, "I fell in love with him and we were married in January 1908." The union produced two sons, John Vincent who died a few days after birth, and Fred Flynn, born 19 May 1910 (he died in 1940). Flynn died age 74 on September 5, 1964, in the Soviet Union. The Soviet government gave Flynn a state funeral in Red Square with over 25,000 people attending. In accordance with her wishes, Flynn's remains were flown to the United States for burial in Chicago's Waldheim Cemetery, near the graves of Eugene Dennis, Bill Haywood, Emma Goldman, and the Haymarket Riot Martyrs.