gibson florida legislative argued december decided march florida state petitioner president miami branch national association advancement colored people adjudged contempt sentenced fine imprisonment refusing divulge contents membership records branch committee created florida legislature investigating infiltration communists various organizations suggestion association miami branch subversive organization either communist dominated influenced purpose questions asked petitioner ascertain whether persons previously identified communists members communist front affiliated organizations members miami branch association principal evidence relied upon show relationship association subversive communist activities indirect ambiguous mostly hearsay testimony two witnesses years past persons attended occasional meetings miami branch association members branch members held record case petitioner conviction contempt refusal divulge information contained membership lists association violated rights association protected first fourteenth amendments pp case claim made legislative investigation intrudes upon first fourteenth amendment associational rights individuals state must show convincingly substantial relation information sought subject overriding compelling state interest pp barenblatt wilkinson braden uphaus wyman distinguished pp adequate foundation inquiry must laid legislative investigation proceeds manner substantially intrude upon severely curtail inhibit constitutionally protected associational rights record case sufficient show substantial connection miami branch association communist activities demonstrate compelling subordinating state interest necessary sustain state right inquire membership lists association pp groups neither engaged subversive illegal improper activities demonstrated substantial connections activities must protected rights free private association guaranteed first fourteenth amendments pp robert carter reargued cause petitioner brief frank reeves mark hawes reargued cause respondent brief erle askew justice goldberg delivered opinion case culmination protracted litigation involving legislative investigating committees state florida miami branch national association advancement colored people origins controversy date committee florida legislature commenced investigation upon expiration committee authority new committee established pursue inquiry new committee created held hearings sought subpoena obtain entire membership list miami branch production refused committee obtained order requiring list submitted appeal florida held committee require production disclosure entire membership list organization compel custodian records bring hearings refer determine whether specific individuals otherwise identified suspected communists members cert denied impending expiration authority committee florida legislature established respondent legislative investigation committee resume investigation authorizing statute laws defining purpose operations respondent declared shall duty committee make complete investigation time permits organizations whose principles activities include course conduct part person group constitute violence violation laws state inimical orderly pursuit personal business activities majority citizens state upon called stand petitioner admitted custodian organization membership records testified local group members individual membership renewed annually membership lists maintained current year petitioner told committee brought records hearing announced produce purpose answering questions concerning membership however volunteer answer questions basis personal knowledge given names shown photographs persons previously identified communists members communist front affiliated organizations petitioner said associate none petitioner refusal produce organization membership lists based ground bring lists hearing utilize basis testimony interfere free exercise fourteenth amendment associational rights members prospective members accordance florida procedure petitioner brought state hearing adjudged contempt sentenced six months imprisonment fined default payment thereof sentenced additional six months imprisonment florida sustained judgment granted certiorari case argued last term restored calendar reargument term called upon resolve conflict individual rights free speech association governmental interest conducting legislative investigations prior decisions illumine contending principles repeatedly held rights association within ambit constitutional protections afforded first fourteenth amendments naacp alabama bates little rock shelton tucker naacp button respondent committee contend otherwise said naacp alabama supra beyond debate freedom engage association advancement beliefs ideas inseparable aspect liberty assured due process clause fourteenth amendment embraces freedom speech equally clear guarantee encompasses protection privacy association organizations petitioner president indeed bates alabama cases supra held membership lists type question beyond power discovery circumstances presented first fourteenth amendment rights free speech free association fundamental highly prized need breathing space survive naacp button freedoms protected frontal attack also stifled subtle governmental interference bates little rock supra declared naacp alabama supra hardly novel perception compelled disclosure affiliation groups engaged advocacy may constitute effective restraint freedom association recognized vital relationship freedom associate privacy one associations inviolability privacy group association may many circumstances indispensable preservation freedom association particularly group espouses dissident beliefs time however prior holdings demonstrate question state power adequately inform legislative investigation desires order act protect legitimate vital interests said considering propriety congressional inquiry challenged watkins power conduct investigations inherent legislative process power broad encompasses inquiries concerning administration existing laws well proposed possibly needed statutes includes surveys defects social economic political system purpose enabling congress remedy recently declared scope power inquiry short penetrating potential power enact appropriate constitution barenblatt less obvious however legislative power investigate broad may without limit fact general scope inquiry authorized permissible compel conclusion investigatory body free inquire demand forms information validation broad subject matter investigation necessarily carry automatic wholesale validation individual questions subpoenas documentary demands see watkins supra see also barenblatt supra case claim made particular legislative inquiries demands infringe substantially upon first fourteenth amendment associational rights individuals courts called upon must determine permissibility challenged actions watkins supra delicate difficult task falls upon courts weigh circumstances appraise substantiality reasons advanced support regulation free enjoyment rights schneider state interests stake significant magnitude neither resolution impact limited dependent upon particular parties involved freedom viable government purpose indivisible concepts whatever affects rights parties affects ii significantly parties substantial agreement proper test applied reconcile competing claims government individual determine propriety committee demands declared respondent committee brief basically case hinges entirely question whether evidence committee sufficient show probable cause nexus miami branch communist activities understand mean regardless label applied nexus foundation whatever essential prerequisite validity investigation intrudes area constitutionally protected rights speech press association petition state convincingly show substantial relation information sought subject overriding compelling state interest absent relation conduct state may compelling regulatory concern committee demonstrated cogent interest obtaining making public membership information sought obtained justify substantial abridgment associational freedom disclosures effect bates little rock supra significant encroachment upon personal liberty state may prevail upon showing subordinating interest compelling ibid applying principles facts case respondent committee contends prior decisions uphaus wyman barenblatt wilkinson braden compel result upholding legislative right inquiry barenblatt wilkinson braden however refusal answer question questions concerning witness past present membership communist party supported conviction apparent necessary preponderating governmental interest fact result cases founded holding communist party ordinary legitimate political party known country particular nature membership therein permissible subject regulation legislative scrutiny assuming correctness premises cases decided demonstration compelling governmental interest deemed necessary since direct object challenged questions discovery membership communist party matter held pertinent proper subject inquiry however alleged communists witnesses committee discovery membership party object challenged inquiries rather subject investigation local president petitioner called committee held contempt refused divulge contents membership records suggestion miami branch national organization affiliated subversive organization indication activities policies either communist dominated influenced fact record indicates association communism voluntarily taken steps keep communists members year since adopted resolutions barring communists membership organization moreover petitioner testified prospective officers local organization thoroughly investigated communist subversive connections though subversive activities constitute grounds termination association membership expulsions branch occurred five years preceding investigation thus unlike situation barenblatt wilkinson braden supra committee seeking petitioner records custodian information whether even persons members communist party communist front affiliated organizations allegedly subversive groups instead entire thrust demands petitioner disclose whether persons members concededly legitimate nonsubversive organization compelling organization engaged exercise first fourteenth amendment rights disclose membership presents cases question wholly different compelling communist party disclose membership moreover even say barenblatt supra permissible inquire subject communist infiltration educational organizations mean permissible demand require groups disclosure membership inquiry records disclosure seriously inhibit impair exercise constitutional rights demonstrated bear crucial relation proper governmental interest essential fulfillment proper governmental purpose prior holdings governmental interest controlling subversion particular character communist party objectives outweigh right individual communists conceal party membership affiliations means require wholly different conclusion groups concededly legitimate automatically forfeit rights privacy association simply general subject matter legislative inquiry communist subversion infiltration fact governmental interest deemed compelling barenblatt wilkinson braden held support inquiries made membership communist party resolve issues challenged questions go membership admittedly lawful organization respondent reliance uphaus wyman supra controlling similarly misplaced upheld right state new hampshire connection investigation whether subversive persons within state obtain list guests attended world fellowship summer camp located state uphaus found demonstrated sufficient connection subversive activity held proper subject governmental concern world fellowship justify discovery guest list semblance nexus subversive activities shown see iii infra moreover contrary facts case claim associational privacy uphaus held tenuous best since disputed list already matter public record virtue generally applicable new hampshire law requiring places accommodation including camp question maintain guest register open public authorities thus noted registration statute made public inception association guests wish keep private finally uphaus state investigating whether subversive persons within boundaries whether presence constituted threat state purpose need evident florida committee seeking identify subversives questioning petitioner apparently satisfied already knows iii absence directly determinative authority turn consideration facts us obviously respondent still seeking discovery entire membership list readily dispose case authority bates little rock naacp alabama supra like result follow merely attempting piecemeal done single step though indications respondent committee intended inquire broadly membership records need base decision today upon prediction course committee might pursued initially unopposed petitioner instead rest result fact record case insufficient show substantial connection miami branch communist activities respondent committee concedes essential prerequisite demonstrating immediate substantial subordinating state interest necessary sustain right inquiry membership lists association basically evidence relied upon respondent demonstrate necessary foundation consists testimony strickland investigator committee predecessors arlington sands former association official strickland identified name persons said either communists members communist front affiliated organizations description connection association simply member participated meetings affairs dade county florida addition one group identified made unspecified time contribution unspecified amount local organization know ambiguous testimony many supposed members appears indicated reason entertain contrary belief named persons may attended one two wholly public meetings attendance like membership extent existed association may wholly peripheral begun ended many years prior even commencement present investigation addition clear whether asserted communist affiliations association however slight coincided time moreover except passing reference participation annual elections indication membership carried right control policy activities much less sought reasoning find support challenged inquiries communist attendance meetings member public appears barred even attenuated since prerogative seemingly attaching attendance right listen scheduled speaker program mere presence public meeting bare membership without infiltration sponsoring organization also appears number persons named strickland longer even residents florida people difficult see basis supposing current much less influential members miami branch pertinent reason inquiry found petitioner testified membership records available related current year strickland refer one informant instructed infiltrate organizations persuasive impact recitation might otherwise neutralized informant disclosure response command simply attend meetings occasions absence substantial indication infiltration case proper foundation laid communist interrogated alleged subversive activities communist party part inquiry related held legitimate legislative purpose investigate activities party knowing members testimony sands assertedly important witness added even semblance anything convincing regard existence connection subversion sands whose officership association predated admitted uncertain even current membership merely corroborated extent certain strickland references attendance meetings persons identified communists however must related time unspecified past since sands admitted even meeting two years sands also noted one asserted communists lawyer represented association murder case explanation fact might indicate support conclusion communist influence fact demonstrated antipathy communism awareness threat passage annual antisubversion resolutions carry permissible inference fact infiltrated influenced way dominated used communists indeed given gross improbability communist dominated influenced organization denouncing communism reasonable inference seem contrary finally committee find support inquiry membership list strickland suggestion sands uncertainly told strickland one possibly two group may made talk local chapter unspecified time past indication subject talks way improper event isolated incidents made work substantial evidence subversive influence infiltration true additional vague somewhat unspecific references minor nondirective participation affairs local group summary evidence discloses utter failure demonstrate existence substantial relationship subversive communist activities essence merely indirect less unequivocal mostly hearsay testimony years past people asserted communists members communist front affiliated organizations attended occasional meetings miami branch members branch total membership hand claim made hearings since miami branch engaged subversive activities legitimate activities dominated influenced communists without indication present subversive infiltration influence miami branch without reasonable demonstrated factual basis believe infiltration influence existed past actively attempted sought present short without showing meaningful relationship miami branch subversives subversive illegal activities asked find compelling subordinating state interest must exist essential freedoms curtailed inhibited respondent committee laid adequate foundation direct demands upon officers records wholly legitimate organization disclosure membership committee neither demonstrated pointed threat state virtue existence pursuit activities minimal associational ties asserted communists strong associational interest maintaining privacy membership lists groups engaged constitutionally protected free trade ideas beliefs may substantially infringed upon slender showing made respondent course legitimate organizations beneficiaries protections essential challenged privacy persons espousing beliefs already unpopular neighbors deterrent chilling effect free exercise constitutionally enshrined rights free speech expression association consequently immediate substantial recently said naacp button supra respect state virginia appears record equally applicable close eyes fact militant negro civil rights movement engendered intense resentment opposition politically dominant white community course legislative investigation investigation must proceed step step barenblatt supra step step totality adequate foundation inquiry must laid proceeding manner substantially intrude upon severely curtail inhibit constitutionally protected activities seriously interfere similarly protected associational rights foundation laid respondent committee failed demonstrate compelling subordinating governmental interest essential support direct inquiry membership records nothing say impairs denies existence underlying legislative right investigate legislate respect subversive activities communists anyone else decision today deals manner power may exercised hold simply groups neither engaged subversive illegal improper activities demonstrated substantial connections activities protected rights free private association declared sweezy new hampshire opinion chief justice particularly important exercise power compulsory process carefully circumscribed investigative process tends impinge upon highly sensitive areas freedom speech press freedom political association freedom communication ideas permit legislative inquiry proceed less adequate foundation sanction unjustified unwarranted intrusions heart constitutional privilege secure associations legitimate organizations engaged exercise first fourteenth amendment rights impose lesser standard inconsistent maintenance essential conditions basic preservation democracy judgment must reversed footnotes see barenblatt thus upheld federal legislation aimed communist problem different context certainly raised constitutional issues gravest character see also communist party subversive activities control board florida companion case graham florida legislative investigation committee characterized organization perfectly legitimate allegedly unpopular community interestingly graham arose hearings held days involved florida apparently record us upheld fourteenth amendment claims witness asserted subversive connections refused answer questions going membership took notice considerable evidence possible probable reprisals deterrent effect resulting involuntary disclosure affiliation organization interrogation confined simply ascertaining whether persons first named strickland committee investigator members strickland named persons inquiry made even significantly committee counsel declared lot people wanted ask apparent impetus relevant legislative interest need garnered strickland additional identification group alleged communists five asserted party members since individuals way evidentially connected locally nationally otherwise mere demonstration existence local extant communists always support demand membership lists organization might thought object infiltration constitutional guarantees privacy association assembly become meaningless example retaking stand strickland said sands told one member prior another delivered leaflets also separate testimony another believed member one time statements scattered allusions possibly seen public meetings obviously support infringement constitutional rights even less connection subversive activities shown sweezy new hampshire grounds relevant chief justice writing four members deemed inquiry improper state attorney general part investigation subversive activities sought question witness though denied communist record affiliation groups cited attorney general house activities committee concurring opinion contested questions related inter alia activities third persons progressive party considerable sworn testimony given investigation effect progressive party new hampshire heavily infiltrated members communist party policies purposes progressive party directly influenced members communist party quoting state opinion concurring opinion justice frankfurter justice harlan joined declared respect supporting demonstration inviolability privacy belonging citizen political loyalties overwhelming importance kind society constitutionally encroached upon basis meagre countervailing interest state may argumentatively found remote shadowy threat security new hampshire allegedly presented origins contributing elements progressive party petitioner relations ibid concurring opinion concluded whatever basis massive proof light history may well take judicial notice justification regarding communist party conventional political party justification afforded regard progressive party foundation fact reason established far weightier intimations appear record warrant view progressive party precludes questioning petitioner resisted regard party precisely reasoning applies sweezy clearly appear persons inquiry made asserted communist associations interest political associational privacy stronger anything fact legitimate organization rather witness suspected subversive ties put questioning president membership records objects scrutiny makes claimed right worthy less protection justice black concurring concur opinion judgment reversing judgment florida although substantially reasons stated justice douglas concurring opinion prefer reach decision different approach agree justice douglas fourteenth amendment makes first amendment applicable protects freedoms religion speech press assembly petition state abridgment force degree first amendment protects federal abridgment cases cited justice douglas show previously held agree also amendments encompass freedom people associate infinite number organizations including national association advancement colored people petitioner president time investigation florida committee view constitutional right association includes privilege person associate communists socialists matter people kinds beliefs popular unpopular expressed views many cases adhere since believe national association advancement colored people members constitutional right choose associates understand constitutional authority florida compel answers questions abridge right accordingly reverse ground direct abridgment right association national association advancement colored people members since assumes purposes case direct abridgment first amendment freedoms concur opinion based constitutional principles laid schneider irvington later cases following schneider american communications assn douds dennis barenblatt communist party subversive activities control board justice douglas concurring join opinion carefully written within framework current decisions since matters involved touch constitutional rights since see constitution somewhat different dimensions reflected decisions seems appropriate set views deal authority state investigate people ideas activities virtue fourteenth amendment state subject restrictions making investigation first amendment places federal government need referee federal system increased passage time matters commerce field civil rights well today review federal state action threatening individuals rights increasingly important free society envisioned bill rights ideal times crisis ideologies clash easy engender respect dignity suspect minorities debate unpopular issues president yale university stated become much nation lookers listeners nation spectators amidst easy artificiality life plethora substitutes learning thinking innumerable devices avoiding delegating personal responsibility opinions even opinions fine edge faith dulled creative powers atrophied whitney griswold baccalaureate address yale university june overbrook press joining lawful organization like attending church associational activity comes within purview first amendment provides relevant part congress shall make law abridging freedom speech press right people peaceably assemble petition government redress grievances peaceably assemble used first amendment necessarily involves coming together whether regularly spasmodically historically right assemble secondary right petition latter primary right today stated de jonge oregon right peaceable assembly right cognate free speech free press equally fundamental assembly like speech indeed essential order maintain opportunity free political discussion end government may responsive people changes desired may obtained peaceful means holding meetings peaceable political action proscribed ibid free society made almost innumerable institutions views opinions expressed opinion mobilized social economic religious educational political programs formulated joining groups seems passion americans schlesinger rise city reviews zeal americans last century became world greatest joiners americans turned furious zeal creation secret societies cut pattern large cities form organized social commingling seemed called replace spontaneous friendliness small rural towns liberty equality generation willing take granted fraternity filled compelling human need moreover romantic opportunity posture mystic brotherhood glory robe plume sword restored sense bruised anonymity life amidst great crowds inducement needed supplied provision made lodges sickness death benefits members expected membership greatest urbanized sections country notwithstanding energy negroes south aped white brethren increasing interest western farmers lodge activities end period six million names rosters fraternal bodies america possessed secret societies larger number joiners nations pp surprising therefore find least five thousand national associations exist robison protection associations compulsory disclosure membership rev view government powerless legislate respect membership lawful organization also precluded probing intimacies spiritual intellectual relationships myriad societies groups exist country regardless legislative purpose sought served provisions first amendment course reach limit investigations barenblatt true see barrier investigation newspapers churches political parties clubs societies unions association political economic social philosophical religious views quest determine whether existing laws enforced new laws needed investigating committee ascertain whether known communists criminals members organization shown engaged conduct properly subject regulation short inexorable step conclusion may also probe ascertain effect members much necessary appropriate information legislative purpose pursued answer conclusion investigations illegal suggest committee pursuing lawful objective manner determined appropriate laurent frantz first amendment balance yale persuasively shown follow objective ever weighed express limitation means available pursuit public interest suppression crime example weighed constitutional provision accused persons may denied right counsel otherwise valid legislation sought applied unconstitutional manner sustain application see yick wo hopkins different test obtain legislative investigations ny constitutional limitation serves significant function insofar stands way something government thinks done nothing else needs prohibited frantz supra us phase problem emerged rumely concurring opinion several problems posed government demand publisher names purchasers publications spectre government agent look shoulder everyone reads might purchase book pamphlet today result subpoena tomorrow fear criticism go every person bookstall light publicity may reach student teacher free inquiry discouraged always books pamphlets critical administration preach unpopular policy domestic foreign affairs disrepute orthodox school thought press readers subject harassment hearings investigations reports subpoenas government indeed hold club speech press recognition dangers prompted decision talley california holding unconstitutional ordinance requiring handbills disclose name address distributor printer plainly legislative committee obtained information petitioner case merely seeking determine whether communists behind distribution part massive propaganda campaign problem exposed russell press investigated said seems germane since editor writes thinks none government business except course congress punish breach carefully drawn security law see near minnesota power investigate capacities ideology prejudices politics write news said congress power determine extent communist infiltration know much tighter security laws made proves much give congress roving power inquire fields legislate congress investigate press find communists infiltrated also investigate churches reason pulpits used promote communist cause clergy ever members communist party governing board assist pastor perhaps help prepare sermons research comes confession discloses communist right association become part bundle rights protected first amendment see naacp alabama supra need pervasive right privacy government intrusion recognized though always given recognition deserves unpopular groups naacp alabama supra like popular ones protected unpopular groups forced disclose membership lists may suffer reprisals forms public hostility naacp alabama supra whether group popular unpopular right privacy implicit first amendment creates area government may enter freedom religion freedom speech guaranteed first amendment give privilege worship write speak one chooses give freedom act government chooses first amendment respect conscience individual honors sanctity thought belief think one chooses believe one wishes important aspects constitutional right let alone public utilities pollak dissenting opinion justice black said dissenting barenblatt supra fact allow group political aims ideas driven ballot battle men minds members bad tenets illegal group safe today deal communists suspected communists instead new york assembly suspended duly elected legislators ground socialists disloyal country principles masons hunted outlaws subversives abolitionists considered revolutionaries dangerous kind north south earlier still time universally unlamented alien sedition laws thomas jefferson party attacked members derisively called jacobins fisher ames described party french faction guilty subversion officered regimented formed subordination members claimed intended take arms laws soon dare history teach us times high emotional excitement minority parties groups advocate extremely unpopular social governmental innovations always typed criminal gangs attempts always made drive knowledge fact great dangers caused founders land enact first amendment guarantee neither congress people anything hinder destroy capacity individuals groups seek converts votes cause however radical unpalatable principles might seem accepted notions time one extreme criminal conduct shelter first amendment extreme regulatory measures matter sophisticated employed purpose effect stifle penalize curb exercise first amendment rights sum state federal governments force first amendment barred investigating person faith ideology summoning summoning officers members society church club government intervene belief thought expression moves realm action inimical society jefferson view bill establishing religious freedom spoke primarily religious liberty terms applicable freedom mind aspects view free society men ideas beliefs speech advocacy proper concern government become brigaded action government move jefferson said opinions men object civil government jurisdiction suffer civil magistrate intrude powers field opinion restrain profession propagation principles supposition ill tendency dangerous fallacy destroys religious liberty course judge tendency make opinions rule judgment approve condemn sentiments others shall square suffer time enough rightful purposes civil government officers interfere principles break overt acts peace good order finally truth great prevail left proper sufficient antagonist error nothing fear conflict unless human interposition disarmed natural weapons free argument debate errors ceasing dangerous permitted freely contradict whilst authority derived dependent society society broken many parts interests classes citizens rights individuals minority little danger interested combinations majority free government security civil rights must religious rights consists one case multiplicity interests multiplicity sects degree security cases depend number interests sects stand god sent paradise according conscience damned according mine come fellowship cranmer us whose names damned sir thomas know grace window look another man conscience condemn one cranmer matter capable question certainly cranmer owe obedience king capable question weigh doubt certainty sign men think earth round others think flat matter capable question flat king command make round round king command flatten sign pp see brennan bill rights rev believed restraints applied due process clause fourteenth amendment less restrictive federal government view brother harlan see roth smith california justice jackson expressed view beauharnais illinois compare opinions justices holmes brandeis gitlow new york whitney california view prevailed indeed applied first amendment requirements federal government stated justice black speiser randall concurring opinion first amendment course applicable particulars see staub city baxley poulos new hampshire everson board education thomas collins board education barnette douglas jeannette martin struthers murdock pennsylvania chaplinsky new hampshire bridges california cantwell connecticut schneider state lovell griffin de jonge oregon gitlow new york see reich justice black living constitution harv rev corwin constitution means today arendt revolution jefferson grand design included division hundreds viable ward system people exercised rights sovereignty letter john tyler may indeed two great measures heart without republic maintain strength general education enable every man judge secure endanger freedom divide every county hundreds size children within reach central school division looks many fundamental provisions every hundred besides school justice peace constable captain militia officers others within hundred corporation manage concerns take care roads poor police patrols etc selectmen eastern townships every hundred elect one two jurors serve requisite elections made hundreds separately votes hundreds brought together present captaincies might declared hundreds present power courts alter occasionally little republics main strength great one owe vigor given revolution commencement eastern eastern enabled repeal embargo opposition middle southern western large lubberly division counties never assembled general orders given centre foreman every hundred sergeants army whole nation thrown energetic action direction one instance one man becomes absolutely irresistible see consider dawn salvation republic say old simeon nunc dimittis domine writings thomas jefferson mem ed advocate judicial restraint insist room reasonable difference opinion legislative body whether certain action violates first amendment legislature view take precedence excellent reasons first congress shall make law obvious express effort restrain legislative power restraint effective legislature least appropriate body world accorded final word means desire general battle judicial review evidence reasonably clear first amendment proposed express expectation intention courts enforce see generally beaney constitutional right privacy review dykstra right valued civilized man utah rev robison protection associations compulsory disclosure membership rev frantz first amendment balance yale part philosophical basis right roots common law warren brandeis right privacy harv rev stated intensity complexity life attendant upon advancing civilization rendered necessary retreat world man refining influence culture become sensitive publicity solitude privacy become essential individual modern enterprise invention invasions upon privacy subjected mental pain distress far greater inflicted mere bodily injury whether problem involves right individual let alone sanctuary home right associate others attainment lawful purposes individual interest free governmental interference except limited situation probable cause believing involved crime government disability equally complete problems raised disclosure members political organization represents foreign government required see communist party control board works thomas jefferson fed ed vol pp federalist outside even shut window pane world looked cold street little eddies wind whirling dust torn paper spirals though sun shining sky harsh blue seemed color anything except posters plastered everywhere face gazed every commanding corner one house front immediately opposite big brother watching caption said dark eyes looked deep winston street level another poster torn one corner flapped fitfully wind alternately covering uncovering single word ingsoc far distance helicopter skimmed roofs hovered instant like darted away curving flight police patrol snooping people windows patrols matter however thought police mattered orwell nineteen independence believed final end state make men free develop faculties government deliberative forces prevail arbitrary valued liberty end means believed liberty secret happiness courage secret liberty believed freedom think speak think means indispensable discovery spread political truth without free speech assembly discussion futile discussion affords ordinarily adequate protection dissemination noxious doctrine greatest menace freedom inert people public discussion political duty fundamental principle american government independence revolution cowards fear political change exalt order cost liberty courageous men confidence power free fearless reasoning applied processes popular government danger flowing speech deemed clear present unless incidence evil apprehended imminent may befall opportunity full discussion time expose discussion falsehood fallacies avert evil processes education remedy applied speech enforced silence emergency justify repression must rule authority reconciled freedom whitney california concurring opinion justice brandeis mr difficulties decision become apparent case deflated true size essential facts several years petitioner convicted contempt respondent duly authorized committee florida legislature investigating alleged communist infiltration various organizations dade county florida including miami branch national association advancement colored people suggestion branch engaged subversive illegal activity committee developed information indicating present past residents dade county apparently one time another members communist party connected organizations members participated meetings affairs local branch failed obtain prior witnesses investigator significant data truth falsity information committee summoned petitioner testify also requiring bring membership records branch petitioner negro clergyman past five years president local branch custodianship records stands conceded appearance committee petitioner asked consult records inform committee individually identified persons members miami branch declined two grounds first said already undertaken action excluding ranks persons may subversive tendencies substantiate petitioner furnished committee copies resolutions stated adopted year since association annual convention second petitioner protested production membership records violate legal right right association time petitioner expressed willingness testify recollection membership nonmembership local branch persons committee might name petitioner asked state recollection membership vel non persons mentioned photographs exhibited unable supply information disclaiming even knowledge names asked utilize membership records testimonial aid earlier made clear committee propose look records committee counsel aware fact reverend actually asking turn committee records asking bring records purpose consulting telling us oath consulting whether certain people name members members organization witness aware rests reversal finding committee sufficient justification including miami branch within ambit investigation language cases uphaus wyman adequate nexus lacking subject matter committee inquiry reasoning difficult grasp read opinion basically proceeding premise governmental interest investigating communist infiltration admittedly nonsubversive organizations distinguished investigating organizations suspected subversive activities sufficient overcome countervailing right freedom association ante pp basis nexus seemingly found lacking never claimed miami branch engaged subversive activity ante pp none committee evidence relating alleged communist party members sufficient attribute activity local branch show dominated influenced used communists ante pp today never supposed decisions relating state federal power investigate field communist subversion possibly taken suggesting difference degree governmental investigatory interest communist infiltration organizations communist activity organizations see barenblatt infiltration education wilkinson braden infiltration basic industries russell infiltration newspaper business considering number congressional inquiries conducted field communist infiltration since close world war ii affecting diverse interests labor farmer veteran professional youth motion picture groups barenblatt supra indeed strange find strength state interest type investigation impugned amiss recall government evidence smith act prosecutions shown sensitive area race relations long prime target communist efforts infiltration see scales given unsoundness basic premise underlying holding absence nexus decision surely falls weight unless nexus requires investigating agency prove advance things trying find understand said information preliminarily developed committee investigator sufficient satisfy reasonable test requirement nexus apart issue nexus surely laid rest resolution first adopted petitioner voluntarily furnished committee curtain came examination whereas certain branches national association advancement colored people rocked internal conflicts groups follow communist line threaten destroy confidence public association inevitably result eventual disruption whereas apparent numerous attacks communists official organs daily worker political affairs upon officials association nationwide conspiracy communists either capture split wreck naacp therefore resolved convention national association advancement colored people go record unequivocally condemning attacks communists upon association officials order safeguard association promote develop unity eliminate internal ideological friction increase membership build necessary power effectively wage fight civil rights herewith call upon direct instruct national board directors appoint committee investigate study ideological composition trends membership leadership local units view determining causes aforementioned conflicts confusion loss membership resolved convention go record directing instructing board directors take necessary action eradicate infiltration necessary suspend reorganize lift charter expel unit judgment board directors upon basis findings aforementioned investigation study local units comes communist political control combination emphasis added ii also find difficult see case really presents serious question interference freedom association given willingness petitioner testify recollection individual memberships local branch germaneness membership records subject matter committee investigation limited purpose use sought aid refreshing witness recollection involving divulgence petitioner supra pp case course bears resemblance whatever naacp alabama bates little rock cases state sought general divulgence local membership lists without showing justifying state interest effect asked hold petitioner constitutional right give partial inaccurate testimony indeed seems true effect holding today scrutinized record care ascertain whether unfairness committee proceedings detected find none questioning treatment witnesses explanations pertinency rulings objections general conduct inquiry perceive nothing record savors decorous attitude part committee lawyerlike considerate demeanor part counsel find opinion florida slightest indication anything conscientious application constitutional principles governing cases doubt judging challenges respecting legislative executive investigations sensitive area demands utmost circumspection part courts indeed florida recognized see graham florida legislative investigation also surely carries reciprocal responsibility respecting legitimate state local authority field respect think deciding case failed fully keep mind responsibility affirm told counsel committee without contradiction petitioner investigations predecessor committees included activities persons organizations john casper ku klux klan seaboard white citizens council committee information membership challenged case justice white dissenting view opinion represents serious limitation upon previous cases dealing subject matter upon right legislature investigate communist party activities although one classic recurring activities communist party infiltration subversion organizations either openly clandestine manner holds even legislature evidence legitimate organization assault even though organization sounding open public alarm investigating committee nevertheless forbidden compel organization members reveal fact membership organization named communists assigned infiltrating task purports saving case later consideration difficult understand today decision communist process performing assigned job required divulge membership communist party membership activities target organization well fails articulate state interest compelling associational rights less endangered known communist asked whether belongs protected association organization asked confirm deny membership read opinion exposed communist might well name associational freedom legitimate organization members including successfully shield activities legislative inquiry thus decision today represents marked departure principles barenblatt like cases hand legislature obtain ostensibly reliable information penetration communists particular organization information course things placed public record like testimony longer weighty interest part organization refuse verify information brand false particularly true officer association willing identify persons memory organization called upon members root communists bent upon using association serve goals communist party unbending resistance answering one way legislative committee limited inquiries face already public information effect reduces association interest secrecy sterile doctrine thought freedom association entitled constitutional protection promoted hindered disclosure permits members organization know associating affords opportunity make intelligent choice whether certain associates communists allowed continue membership circumstances join attaching great weight organization interest concealing presence infiltrating communists case net effect decision course insulate effective legislative inquiry preventive legislation skills communist party subverting eventually controlling legitimate organizations group chosen object communist party action effectively reduced vassalage legislative bodies may seek information organization attack communists job done legislative committee prove hollow privilege recording another victory communist party congress found organization direction foreign power dedicated overthrow government necessary force violence respectfully dissent