rogers argued november decided february subpoena petitioner appeared federal grand jury testified without objection treasurer communist party denver possession records turned another person refused identify person delivered records giving reason wish subject another person going committed custody marshal next day advised right counsel next day counsel informed advice petitioner answer question purge contempt upon reappearance grand jury refused answer question brought back charged contempt first time asserted privilege claim privilege overruled convicted contempt held conviction sustained pp since privilege solely benefit witness petitioner original refusal answer justified desire protect another punishment much less protect another interrogation grand jury books records kept representative rather personal capacity subject personal privilege even though production might tend incriminate keeper personally pp freely answered questions relating connection communist party petitioner refuse answer questions subject real danger incrimination pp questions relating activities communist party incriminating violation smith act conspiracy violate act blau federal district petitioner convicted contempt refusal answer questions asked federal grand jury appeals affirmed granted certiorari affirmed samuel menin argued cause filed brief petitioner solicitor general perlman argued cause brief assistant attorney general mcinerney john davis bishop chief justice vinson delivered opinion case arises investigation regularly convened grand jury district district colorado books records communist party denver sought necessary inquiry subject questioning grand jury september petitioner response subpoena appeared grand jury testified held position treasurer communist party denver january virtue office possession membership lists dues records party petitioner denied possession records testified turned another refused identify person given party books stating reason feel subject person persons thing going thereupon committed petitioner custody marshal ten next morning expressly advising petitioner right consult counsel next day counsel petitioner informed read transcript prior day proceedings upon advice petitioner answer questions purge contempt however upon reappearing grand jury petitioner refused answer question following day brought called district judge immediately heard oral argument concerning privilege another case petitioner repeated refusal answer question asserting time privilege ruling refusal privileged district judge imposed sentence four months contempt appeals tenth circuit affirmed granted certiorari petitioner desired protection privilege required claim monia privilege deemed waived unless invoked murdock furthermore decisions explicit holding privilege solely benefit witness purely personal privilege witness petitioner expressly placed original declination answer untenable ground since refusal answer justified desire protect others punishment much less protect another interrogation grand jury petitioner claim privilege pure afterthought although claim made time second refusal answer presence came voluntarily testified status officer communist party denver uphold claim privilege case open way distortion facts permitting witness select stopping place testimony privilege even claimed time question name person petitioner turned party records asked justify refusal answer preliminary matter note petitioner privilege respect books party whether corporation unincorporated association books records kept representative rather personal capacity subject personal privilege even though production papers might tend incriminate keeper personally white since petitioner claim privilege asserted relation books records sought grand jury claim reversal conviction rests ground mere disclosure name recipient books tends incriminate patricia blau held questions connections communist party subject privilege calling disclosure facts tending criminate smith act petitioner conviction stands entirely different footing freely described membership activities office party since privilege presupposes real danger legal detriment arising disclosure petitioner invoke privilege response specific question issue incriminate disclosure fact waives privilege details stated brown walker thus witness elects waive privilege may doubtless since privilege protection parties discloses criminal connections permitted stop must go make full disclosure witness voluntarily answered materially criminating facts held uniformity stop short refuse explanation must disclose fully attempted relate petitioner contention appeals conceding prior voluntary crimination one element proof smith act violation disclosure name recipient party records tend incriminate different crime conspiracy violate smith act opinion patricia blau supra explicitly rejects petitioner argument reversal holding questions relating activities communist party criminating violation conspiracy violate smith act course least two persons required constitute conspiracy identity members conspiracy needed inasmuch one person convicted conspiring persons whose names unknown affirmed footnotes question goldschein books records communist party denver rogers give books says gave january year care answer question madam rogers rogers told wo answer rogers feel subject person persons thing going order finding answer questions rogers transcript september detained tomorrow morning ten meantime may consult counsel hearing tomorrow morning ten reasons refusal answer questions rogers consult counsel yes custody marshal time get counsel bring want custody marshal spend night jail afraid transcript pp september menin entering appearance behalf petitioner regard witness rogers read transcript transpired yesterday believe upon advice answer questions propounded menin witness jane rogers think purge contempt answering questions case witness rogers order return grand jury room purges contempt upon bringing matter back discharged meantime remain custody person shall compelled criminal case witness amend proceedings leading claim privilege petitioner appear transcript pp september madam still persist answering questions rogers well basis menin statements morning please answer question yes rogers well think rather undemocratic honest person mind letting consider make statement wish rogers well said honest person acquainted tricks legal procedure understand reading cases morning right refuse answer questions basis tend incriminate read right decide right say rogers according read stand right make changes judgment sentence confined custody attorney general four months call next case citing vajtauer commissioner immigration see smith corwin construction clause rev murdock hale henkel mcalister henkel brown walker hale henkel wilson wheeler grant essgee brown white cf fleischman see also cases cited notes supra privilege attach books organization whether books question required records type considered shapiro membership communist party crime time questions case asked congress since expressly provided internal security act act stat neither holding office membership communist organization person shall constitute per se violation subsection subsection section criminal statute course express opinion implications legislation upon issues presented cases quoted approval powers pierre buckeye powder hazard powder emphasis supplied arndstein appeals like present case arose involuntary examination reserved problems arising possible abuse privilege adversary proceedings compare state decisions collected viii wigmore evidence quotes foster people authoritative summarizes law follows case ordinary witness hardly present doubt may waive privilege conceded waives exercising option answering conceded thus inquiry whether answering fact waived fact two related facts parts whole fact forming single relevant topic waiver part waiver remaining parts privilege exists sake criminating fact whole emphasis original heike brown walker mason pierre presented closer question since detail pierre required divulge identify person without whose testimony pierre convicted crime course pass upon precise factual question decided appeals browne donegan pomerantz grove mcdonald rosenthal didenti see also feder worthington justice black justice frankfurter justice douglas concur dissenting people hostile fifth amendment provision unequivocally commanding official shall compel person witness consider provision outmoded relic past fears generated ancient inquisitorial practices possibly happen reason privilege silent sometimes accepted less constitutional nuisance courts abate whenever however possible end achieved two obvious judicial techniques narrow construction scope privilege broad construction doctrine waiver attempt use first methods however runs afoul approximately years precedent see patricia blau cases cited almost always construed amendment broadly view compelling person convict crime contrary principles free government abhorrent instincts american coercive practice may suit purposes despotic power abide pure atmosphere political liberty personal freedom boyd cf murdock doctrine waiver seems palatable equally effective device whittling away protection afforded privilege although think today application doctrine supported past decisions course never doubted constitutional right intentionally relinquished intention might found course conduct shepard barron said intention waive privilege lightly inferred vague uncertain evidence support finding waiver smith relying johnson zerbst cases cited case petitioner evidence intended give privilege silence concerning persons possession communist party records contrary record set opinion shows intended avoid answering question whatever ground might available asserted privilege first moment became aware existence fact cases make crucial ignored decision today apparently holding uncertain point petitioner testimony regardless intention admission associations communist party automatically affected waiver constitutional protection related questions adopt rule privilege constitutional safeguards must knowingly waived relegates fifth amendment privilege position moreover today holding creates dilemma witnesses one hand risk imprisonment contempt asserting privilege prematurely might lose privilege answer single question view makes protection depend timing refined lawyers let alone laymen difficulty knowing claim case never occurred trial judge petitioner waived anything even voluntary testimony circumstances work waiver petitioner stated grand jury standing alone amount admission guilt furnish clear proof crime arndstein mccarthy furthermore unlike believe question petitioner refused answer call additional incriminating information asked names persons turned communist party books records answer relevant future prosecution petitioner violation smith act also conviction might depend testimony witnesses thus asked identify reasons question sought disclosure incriminating highest degree certainly one say answer possibly used basis aid criminal prosecution witness brown walker records companion cases reveal flagrant disregard constitutional privileges petitioner others called grand jury special attorney charge made unwarranted assurances might well misled witnesses unable match legal wits making admissions although petitioner allowed previous day consult counsel time brought district final consideration case judge arbitrarily refused permit counsel speak behalf summarily commanding attorney sit almost immediately thereafter sentenced petitioner four months imprisonment convicting district judge neither held intimated privilege waived erroneous belief intimate association communist party incriminating fact therefore although describes petitioner claim privilege afterthought seems real afterthought case affirmance judgment waiver equivalent theory important however believe today expansion waiver doctrine improperly limits one fifth amendment great safeguards reverse judgment conviction appendix opinion justice black next case dispose ladies goldschein special attorney jane rogers goldschein yes sir may please honor step madam status case goldschein rogers refuses answer questions propounded grand jury room brought back yesterday says answer one question answer others advised necessary answer questions propounded except incriminate violation federal offense says wo answer position madam menin counsel petitioner think misunderstanding minute please seated menin please seated menin well represent lady moment please seated menin well hear due course madam still persist answering questions rogers well basis menin statements morning please answer question yes rogers well think rather undemocratic honest person mind letting consider make statement wish rogers well said honest person acquainted tricks legal procedure understand reading cases morning right refuse answer questions basis tend incriminate read right decide right say rogers according read stand right make changes judgment sentence confined custody attorney general four months call next case transcript record pp september provision must broad construction favor right intended secure counselman hitchcock held failure specifically invoke privilege prior final judgment constituted waiver ex rel vajtauer commissioner immigration murdock cases controlling final judgment entered petitioner asserted privilege incriminate federal law sentenced standing ground see appendix following opinion reliance brown walker indicating privilege waived unintentionally misplaced brown case said witness elects waive privilege permitted stop must go make full disclosure emphasis supplied practical difficulties inherent rule announced made apparent reading opinions pierre see note accompanying text infra today opinion seeks derive looser test certain negative language subsequent case mccarthy arndstein said previous disclosure ordinary witness actual admission guilt incriminating facts deprived privilege stopping short case however quoted approval minimum rule previously announced moreover stating reason arndstein waived privilege said since find none answers voluntarily given arndstein either way denials partial disclosures amounted admission showing guilt opinion entitled decline answer questions might tend incriminate also suggested michigan case foster people adopted federal rule mccarthy arndstein supra although foster case cited acceptance intended language michigan decision majority quotes today accepted quotation shown fact placed reliance english case regina garbett summarized holding following makes difference right witness protection incriminating already answered part entitled claim privilege stage inquiry mccarthy arndstein supra understand holding rely statement opinion petitioner privilege respect books party statement course relevant present case issue compelling petitioner turn unprivileged documents possession intend suggest witness privileged refusing answer incriminating questions merely questions relate unprivileged documents must point decision case entirely inconsistent recent unanimous decision patricia blau note patricia blau supra irving blau although appeals upheld convictions witnesses called grand jury made following comment concerning conduct special attorney stock statement witness investigation grand jury proceeding warranted say scope grand jury investigation neither statement substitute constitutional protection rogers irregularities proceedings also pointed conduct prosecutor similar grand jury investigation los angeles criticized judges ninth circuit alexander said government attorney pursued tactics tending put witness guard transcript portion proceedings set appendix post district judge sole reference waiver made case petitioner addressing one witnesses however judge said course anything testify unless signed waiver ca used trial hereafter law emphasis supplied conviction witness nancy wertheimer one reversed appeals rogers description abuses led incorporation privilege bill rights see pittman colonial constitutional history privilege america rev