laird tatum argued march decided june prior called upon assist local authorities quelling civil disorders detroit michigan department army developed general contingency plan connection limited domestic mission response army experience various civil disorders called upon help control army intelligence established system respondents describe involving surveillance lawful civilian political activity held respondents claim first amendment rights chilled due mere existence system constitute justiciable controversy basis record case disclosing showing objective harm threat specific future harm pp app reversed burger delivered opinion white blackmun powell rehnquist joined douglas filed dissenting opinion marshall joined post brennan filed dissenting opinion stewart marshall joined post solicitor general griswold argued cause petitioners briefs assistant attorney general mardian robert keuch frank askin argued cause respondents brief melvin wulf sam ervin argued cause unitarian universalist assn et al amici curiae urging affirmance brief lawrence baskir burke marshall arthur miller filed brief group former army intelligence agents amici curiae urging affirmance chief justice burger delivered opinion respondents brought class action district seeking declaratory injunctive relief claim rights invaded department army alleged surveillance lawful peaceful civilian political activity petitioners response described activity gathering lawful means maintaining using intelligence activities information relating potential actual civil disturbances street demonstrations connection respondents motion preliminary injunction petitioners motion dismiss complaint parties filed number affidavits district presented oral arguments hearing two motions basis pleadings affidavits oral arguments advanced hearing district granted petitioners motion dismiss holding justiciable claim relief appeal divided appeals reversed ordered case remanded proceedings granted certiorari consider whether appeals held respondents presented justiciable controversy complaining chilling effect exercise first amendment rights effect allegedly caused specific action army existence operation intelligence gathering distributing system confined army related civilian investigative agencies app reverse record considerable amount background information regarding activities respondents complained information set primarily affidavits filed parties connection district consideration respondents motion preliminary injunction petitioners motion dismiss see fed rule civ proc brief review information helpful understanding issues president authorized make use armed forces quell insurrection domestic violence conditions described section obtain within one pursuant provisions president johnson ordered federal troops assist local authorities time civil disorders detroit michigan summer disturbances followed assassination martin luther king prior detroit disorders army general contingency plan providing assistance local authorities experience led army authorities believe attention given preparatory planning system involved said established connection development detailed specific contingency planning designed permit army called upon assist local authorities able respond effectively minimum force appeals observed performing type function army essentially police force local police force quell disturbances prevent disturbances army needs tools importantly information local police forces access since army sent territory almost invariably unfamiliar soldiers commanders need information likely greater hometown policeman logical argument made compelling military use blind force force employed intelligently directed depends upon reliable information time chief justice john marshall said washington general must governed intelligence must regulate measures information duty obtain correct information take undeniable military army need certain amount information order perform constitutional statutory missions app footnotes omitted material filed government district reveals army intelligence field offices various parts country offices staffed aggregate approximately agents whose time devoted organization principal mission unrelated domestic surveillance system involved early congress became concerned scope army domestic surveillance system hearings matter held subcommittee constitutional rights senate committee judiciary meanwhile army course review system ordered significant reduction scope example information referred complaint blacklist records computer data bank fort holabird found unnecessary destroyed along related records one copy material relevant instant suit retained however pendency litigation review leading destruction records said time district ruled petitioners motion dismiss continuing one app army policies time represented follows letter secretary army senator sam ervin chairman senate subcommittee constitutional rights eports concerning civil disturbances limited matters immediate concern army reports concerning outbreaks violence incidents high potential violence beyond capability state local police national guard control reports collected liaison government agencies reported teletype intelligence command placed computer reports destroyed days publication days end disturbance limited reporting system ensure army prepared respond whatever directions president may issue civil disturbance situations without watching lawful activities civilians app district held combined hearing respondents motion preliminary injunction petitioners motion dismissal thereafter announced holding respondents failed state claim upon relief granted view district respondents failed allege action part army unlawful failed allege injury realistic threats rights growing army actions reversing appeals noted respondents difficulty establishing visible injury freely admit complain specific action army evidence illegal unlawful surveillance activities cited clandestine intrusion military agent far yet shown information gathered nothing good newspaper reporter able gather attendance public meetings clipping articles publications available newsstand app position petitioners accord full measure rather unique argument advanced appellants respondents respondents indeed argue future possible information relating matters far beyond responsibilities military may misused military detriment civilian respondents yet respondents attempt establish definitely foreseeable event base complaint ground rather respondents contend present existence system gathering distributing information allegedly far beyond mission requirements army constitutes impermissible burden respondents persons similarly situated exercises present inhibiting effect full expression utilization first amendment rights emphasis original recent years found number cases constitutional violations may arise deterrent chilling effect governmental regulations fall short direct prohibition exercise first amendment rights baird state bar arizona keyishian board regents lamont postmaster general baggett bullitt none cases however chilling effect arise merely individual knowledge governmental agency engaged certain activities individual concomitant fear armed fruits activities agency might future take additional action detrimental individual rather cases challenged exercise governmental power regulatory proscriptive compulsory nature complainant either presently prospectively subject regulations proscriptions compulsions challenging example petitioner baird state bar arizona denied admission bar solely refusal answer question regarding organizations associated past announcing judgment justice black said state may inquire man views associations solely purpose withholding right benefit believes teachers complainants keyishian board regents discharged employment state others threatened discharge political acts associations concluded state complicated intricate scheme laws regulations relating teacher loyalty withstand constitutional scrutiny permissible inhibit first amendment expression forcing teacher guess conduct utterance might violation complex regulatory scheme might thereby lose position lamont postmaster general dealt governmental regulation requiring private individuals make special written request post office delivery individual mailing certain kinds political literature addressed declaring regulation invalid said addressee carries affirmative obligation think government may impose baggett bullitt dealt requirement oath vague uncertain meaning taken condition employment governmental agency said conscientious regard solemnly swear affirm sensitive perils posed oath indefinite language avoid risk loss employment perhaps profession restricting conduct unquestionably safe free speech may inhibited decisions cases fully recognize governmental action may subject constitutional challenge even though indirect effect exercise first amendment rights time however decisions way eroded established principle entitle private individual invoke judicial power determine validity executive legislative action must show sustained immediately danger sustaining direct injury result action ex parte levitt stripped essentials respondents appear seeking investigation conducted private parties armed subpoena power federal district power probe army activities district determining conclusion investigation extent activities may may appropriate army mission following excerpt opinion appeals suggests broad sweep implicit holding apparently judgment civilian head army everything done operation intelligence system necessary performance military mission secretary army formulate implement judgment based facts within departmental knowledge district hear evidence ascertain facts decide restrictions activities called confine military legitimate sphere activity protect respondents allegedly infringed constitutional rights app emphasis added course intimate view respect propriety desirability policy standpoint challenged activities department army conclusion narrow one namely record respondents presented case resolution courts concerns executive legislative branches response disclosure army surveillance activities indeed claims alleged complaint reflect traditional strong resistance americans military intrusion civilian affairs tradition deep roots history found early expression example third amendment explicit prohibition quartering soldiers private homes without consent constitutional provisions civilian control military prohibitions directly presented case philosophical underpinnings explain traditional insistence limitations military operations peacetime indeed presented claims judicially cognizable injury resulting military intrusion civilian sector federal courts fully empowered consider claims asserting injury nothing nation history decided cases including holding today properly seen giving indication actual threatened injury reason unlawful activities military go unnoticed unremedied reversed footnotes whenever insurrection state government president may upon request legislature governor legislature convened call federal service militia number requested state use armed forces considers necessary suppress insurrection constitutionality statute issue specific authorization use federal armed forces addition state militia appears enacted pursuant art iv constitution provides shall protect individual application legislature executive legislature convened domestic violence describing requirement use federal troops quell domestic disorders attorney general ramsey clark made following statements letter sent state governors august three basic prerequisites use federal troops state event domestic violence situation serious domestic violence exists within state conclusion supported statement factual details extent feasible circumstances prescribed wording violence brought control law enforcement resources available governor including local state police forces national guard judgment required definite need assistance federal troops taking account remaining time needed move action scene violence legislature governor requests president employ armed forces bring violence control element request governor state essential legislature convened may difficult context urban rioting seen summer convene legislature three elements expressed written communication president course may telegram support issuance proclamation commitment troops action case extreme emergency receipt written request prerequisite presidential action however since takes several hours alert move federal troops minutes needed write dispatch telegram likely cause delay upon receiving request governor president terms statute historic practice must exercise judgment whether federal troops sent questions timing size force federalization national guard preliminary steps alerting troops taken federal government upon oral communications prior governor determination violence brought control without aid federal forces even preliminary steps however represent serious departure traditions local responsibility law enforcement requested substantial likelihood federal forces needed translated terms personnel percentage figure suggests total intelligence operation concerned potential civil disorders hardly merits description massive one dissents characterizes principal mission described one documents filed district conducting investigations determine whether uniformed members army civilian employees army contractors employees granted access classified information app course oral argument district judge sought clarification respondents counsel nature threats perceived respondents asked exactly army activities tended chill respondents others exercise constitutional rights counsel responded precisely threat case future civil disorder kind army going come list troublemakers go rounding people putting military prisons somewhere emphasis added quite sure exactly mind precisely causes chill chilling effect emphasis added indeed appeals noted reached different conclusion presented virtually identical issue another recently decided cases davis ichord app plaintiffs davis attacking constitutionality house representatives rule house committee internal security conducts investigations maintains files described plaintiffs political blacklist noted chilling effect plaintiffs subject arose mere existence committee files mere possibility misuse files affirming dismissal complaint concluded allegations chilling effect elevated justiciable claim merely alleging well challenged house rule overly broad vague deciding case presently review appeals distinguished davis ground difference source chill two cases house committee davis army instant case controlling agree jurisdictional question concerned resolved basis identity parties named defendants complaint respondents left somewhat unclear precise connection mere existence challenged system alleged chill also cast considerable doubt whether fact suffering chill judge mackinnon took cogent note difficulty dissenting appeals judgment rendered facts case emerge pleadings affidavits admissions made trial app oral argument district counsel respondents admitted clients people obviously cowed chilled indeed quite willing open public investigation public scrutiny counsel argued respondents must represent millions americans nearly forward courageous judge mackinnon view concession constitutes basic denial practically whole case ibid even assuming justiciable controversy respondents chilled seek represent millions believe chilled respondents clearly lack personal stake outcome controversy essential standing baker carr recently observed moose lodge irvis litigant standing seek redress injuries done may seek redress injuries done others justice douglas justice marshall concurs dissenting congress passed law authorizing armed services establish surveillance civilian population serious constitutional problem presented however law authorizing surveillance civilians case pentagon concededly undertaken question whether authority may implied one search constitution vain authority start problem constitutional distinction militia armed forces art constitution militia specifically confined precise duties execute laws union suppress insurrections repel invasions obviously means militia sent overseas fight wars purely domestic arm governors several save may called art constitution federal service whether militia given powers comparable granted fbi question raised deal militia armies army navy air force comprehended constitutional term armies article provides congress may raise support armies provide maintain navy make rules government regulation land naval forces fifth amendment excepts requirement presentment indictment grand jury cases arising land naval forces militia actual service time war public danger acting authority congress provided code governing armed services code sets procedural standards government regulation land naval forces difficult imagine powers extended military surveillance civilian affairs pointed relevant decisions limitation military authority concern attempt military try civilians first leading case ex parte milligan wall noted conflict civil liberty martial law irreconcilable made announcement horrified prospect military absent regime martial law establishing regime surveillance civilians power military establish system obviously less power congress authorize surveillance authority congress restricted power raise armies art repeat authority armed forces stated terms make rules government regulation land naval forces constitution contains many provisions guaranteeing rights persons include right indictment grand jury right trial jury one peers include procedural safeguards sixth amendment criminal prosecutions protection double jeopardy cruel unusual punishments course first amendment alarm sounded constitutional convention dangers armed services luther martin maryland said government wishes deprive citizens freedom reduce slavery generally makes use standing army danger held exists bold acts usurpation power also gradual encroachments held jurisdiction extended reach person member armed forces times offense trial eliminates discharged soldiers toth quarles neither civilian employees armed forces overseas mcelroy guagliardo grisham hagan civilian dependents military personnel accompanying overseas kinsella singleton reid covert may tried even respects armed forces held offense must service connected tried rather civilian tribunal parker upshot armed services distinguished militia regulatory agencies bureaus may created congress desires granted powers seem necessary proper authority provide rules governing armed services means grant authority armed services govern authority govern civilians even martial law declared often appropriateness subject judicial review sterling constantin tradition reflects desire civilian supremacy subordination military power tradition goes back declaration independence recited king affected render military independent superior civil power thus militia restricted domestic use restriction appropriations armies two years art grant command armies militia called actual service president chief civilian officer tradition civilian control armed forces stated chief justice warren military establishment course necessary organ government reach power must carefully limited lest delicate balance freedom order upset maintenance balance made difficult fact military serves vital function preserving existence nation time one element government exercises type authority easily assimilated free society times peace factors leading extraordinary deference claims military necessity naturally weighty true even imperfect peace lot past fifteen years quite rightly judgment instructive recall nation time constitutional convention also faced formidable problems english french spanish various tribes hostile indians ready eager subvert occupy fledgling republic nevertheless environment founding fathers conceived constitution bill rights replete provisions indicating determination protect human rights call garrison state times precarious peace heed call fail days enforce freedom american citizen birthright abandoning foreseeable future constitutional balance powers rights whose name arm unbending rule law exercise military power rights citizen concerned shall never pushed beyond exigency requires raymond thomas order properly sustained exercise president military power commander chief armed forces government attempts citing number cases upholding broad powers military commanders engaged fighting theater war cases need concern us even though theater war expanding concept faithfulness constitutional system hold commander chief armed forces ultimate power take possession private property order keep labor disputes stopping production job nation lawmakers military authorities veteran legions rome overmatch undisciplined valor nations rendered mistress world less true liberties rome proved final victim military triumphs liberties europe far ever existed exceptions price military establishments standing force therefore dangerous time may necessary provision smallest scale inconveniences extensive scale consequences may fatal scale object laudable circumspection precaution wise nation combine considerations whilst rashly preclude resource may become essential safety exert prudence diminishing necessity danger resorting one may inauspicious liberties clearest marks prudence stamped proposed constitution union cements secures destroys every pretext military establishment dangerous america handful troops without single soldier exhibits forbidding posture foreign ambition america disunited hundred thousand veterans ready combat reluctant ratify constitution without assurances thus find bill rights amendments specifically authorizing decentralized militia guaranteeing right people keep bear arms prohibiting quartering troops house time peace without consent owner amendments guarantee right people assemble secure homes unreasonable searches seizures criminal cases accorded speedy public trial impartial jury indictment district state wherein crime committed exceptions made civilian trial procedures cases arising land naval forces although undoubtedly room argument based frequently conflicting sources history unreasonable believe founders determination guarantee preeminence civil military power important element prompted adoption constitutional amendments call bill rights remember said minister defense generals state policy majesty government intervention general washington post apr sec ii claim respondents standing challenge army surveillance members class seek represent transparent serious argument surveillance army civilian sector part society hitherto immune control serious charge alleged army maintains files membership ideology programs practices virtually every activist political group country including groups southern christian leadership conference clergy laymen war vietnam american civil liberties union women strike peace national association advancement colored people army uses undercover agents infiltrate civilian groups reach confidential files students groups army moves secret group among civilian audiences using cameras electronic ears surveillance data collects distributed civilian officials state federal local governments military intelligence unit troop command army jurisdiction abroad data stored one data banks allegations charge purpose effect system surveillance harass intimidate respondents deter exercising rights political expression protest dissent invading privacy damaging reputations adversely affecting employment opportunities employment ways fear permanent reports activities maintained army data bank profiles appear blacklist information released numerous federal state agencies upon request judge wilkey speaking appeals properly inferred army surveillance exercises present inhibiting effect full expression utilization first amendment rights app test deterrent effect first amendment rights government oversight marks unconstitutional intrusion lamont postmaster general stated justice brennan inhibition well prohibition exercise precious first amendment rights power denied government refusal pass constitutionality act normal consideration forbearance inhibitory effect freedom speech act raines stated new jersey good reason permit strong speak weak timid first amendment matters anderson sills one need wait sue loses job reputation defamed withhold standing sue time arrives practical effect immunize judicial scrutiny surveillance activities regardless misuse deterrent effect stated flast cohen terms article iii limitations federal jurisdiction question standing related whether dispute sought adjudicated presented adversary context form historically viewed capable judicial resolution put baker carr gist standing issue whether party seeking relief alleged personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions present controversy remote imaginary conflict respondents targets army surveillance first surveillance casual massive comprehensive second intelligence reports regularly widely circulated exchanged reports fbi state municipal police departments cia third army surveillance collecting material public records staking teams agents infiltrating undercover agents creating command posts inside meetings posing press photographers newsmen posing tv newsmen posing students shadowing public figures finally know hearings conducted senator ervin army misused abused reporting functions thus senator ervin concluded reports army taken intelligence command highly inaccurate civil disturbance teletype filed army dossiers persons held considered security clearances thus contaminating supposed investigative reports unverified gossip rumor practice directly jeopardized employment employment opportunities persons seeking sensitive positions federal government defense industry surveillance civilians none army constitutional business congress undertaken entrust function fact since litigation started army surveillance may cut back end matter whether actual cutback whether announcements merely ruse determined hearing district advised amicus curiae brief filed group former army intelligence agents army surveillance civilians rooted secret programs long standing army intelligence maintaining unauthorized watch civilian political activity nearly years first time army intelligence without notice civilian superiors overstepped mission corps intelligence police maintained massive surveillance civilian political activity involved use hundreds civilian informants infiltration civilian organizations seizure dissenters unionists sometimes without charges activity opposed civilian officials occasions found continued unabated disarmament economies finally eliminated bureaucracy conducted pp appendix opinion douglas dissenting four define army narrow role civilian authority latter proved insufficient cope insurrection whenever insurrection state government president may upon request legislature governor legislature convened call federal service militia number requested state use armed forces considers necessary suppress insurrection whenever president considers unlawful obstructions combinations assemblages rebellion authority make impracticable enforce laws state territory ordinary course judicial proceedings may call federal service militia state use armed forces considers necessary enforce laws suppress rebellion president using militia armed forces means shall take measures considers necessary suppress state insurrection domestic violence unlawful combination conspiracy hinders execution laws state within state part class people deprived right privilege immunity protection named constitution secured law constituted authorities state unable fail refuse protect right privilege immunity give protection opposes obstructs execution laws impedes course justice laws situation covered clause state shall considered denied equal protection laws secured constitution whenever president considers necessary use militia armed forces chapter shall proclamation immediately order insurgents disperse retire peaceably abodes within limited time whoever officer army navy person civil military naval service orders brings keeps authority control troops armed men place general special election held unless force necessary repel armed enemies shall fined imprisoned five years disqualified holding office honor profit trust section shall prevent officer member armed forces exercising right suffrage election district may belong otherwise qualified according laws state offers vote whoever officer member armed forces prescribes fixes attempts prescribe fix whether proclamation order otherwise qualifications voters election state whoever officer member prevents attempts prevent force threat intimidation advice otherwise qualified voter state fully exercising right suffrage general special election whoever officer member orders compels attempts compel election officer state receive vote person legally qualified vote whoever officer member imposes attempts impose regulations conducting general special election state different prescribed law whoever officer member interferes manner election officer discharge duties shall fined imprisoned five years disqualified holding office honor profit trust section shall prevent officer member armed forces exercising right suffrage district may belong otherwise qualified according laws state district whoever except cases circumstances expressly authorized constitution act congress willfully uses part army air force posse comitatus otherwise execute laws shall fined imprisoned two years within reasonable distance military naval camp station fort post yard base cantonment training mobilization place secretary army secretary navy secretary air force two shall determine needful efficiency health welfare army navy air force shall designate publish general orders bulletins whoever engages prostitution aids abets prostitution procures solicits purposes prostitution keeps sets house ill fame brothel bawdy house receives person purposes lewdness assignation prostitution vehicle conveyance place structure building permits person remain purpose lewdness assignation prostitution vehicle conveyance place structure building leases rents contracts lease rent vehicle conveyance place structure building part thereof knowing good reason know intended used purposes herein prohibited shall fined imprisoned one year secretaries army navy air force federal security administrator shall take steps deem necessary suppress prevent violations thereof shall accept cooperation authorities counties districts political subdivisions carrying purpose section section shall construed conferring personnel departments army navy air force federal security agency authority make criminal investigations searches seizures arrests civilians charged violations section first informing secretary defense member joint chiefs staff may make recommendations congress relating department defense may consider appropriate appendix ii opinion douglas dissenting president bringing westmoreland home order explain war reminds instructive afternoon spent second world war country congress divided question whether strike first hitler first japan churchill roosevelt agreed policy hitler first large powerful groups country many former isolationists sense wanted concentrate american forces winning war japan even american chiefs staff divided question high strategy churchill come washington accompanied british chiefs staff work president roosevelt administration general plan global war one morning telephone call austin strong believer line said effect know seeing prime minister afternoon wish ask tell chiefs staff come congress testify favor strategical policy quite innocently said churchill received afternoon began saying message austin prime minister instruct chiefs staff go senate foreign relations committee never finished message old lion let roar demanding know ignorant british way things dare suggest british general address parliamentary body remember said minister defense generals state policy majesty government one ever aroused wrath churchill likely forget certainly forgotten learned indelible lesson one elementary principles democratic government therefore take sour view field commander brought home president educate congress american people pentagon spending million year social behavioral science research home abroad one related witchcraft sorcery magic psychological phenomena congo another concerned political influence university students latin america projects related skill korean women divers snake venoms middle east like research projects going pentagon countries sociology psychology behavioral sciences pentagon became powerful president dare crack try regulate military approach world affairs conditioned thinking planning world war ii realize millions people difference communist dictatorship dictatorship presently lived realize regions asia communist party identified reform programs parties mere instruments keeping ruling class power realize eyes millions illiterates choice democracy communism critical choice us talked saving democracy real question asia middle east africa latin america whether democracy ever born forgot democracy lands empty word asked illiterate people living subsistence level furnish staging grounds military operation whose outcome eyes relation welfare rejected overtures must communists said approve military plans must secretly aligning russia thought underdeveloped areas became identified ideas freedom bombs planes tanks thought less less terms defeating communism programs political action terms defeating communism military might foreign aid mounted nearly military aid fears mounted cold war increased intensity fears many manifestations communist threat inside country magnified exalted far beyond realities irresponsible talk fanned flames accusations loosely made character assassinations common suspicion took place goodwill needed debate impunity explore edges problems needed search horizon answers perplexing problems needed confidence suspicions grew innocent acts became telltale marks disloyalty coincidence idea paralleled soviet russia policy moment time settled aura doubt around person intervention general washington post apr sec appendix iii opinion douglas dissenting kind forbidden contaminated zone created around family day people ryazan solzhenitsyn used live dismissed jobs visited house years ago corresponding member academy sciences timofeyev director moscow institute became scared found mathematician working wife dismissed unseemly haste although given birth contrary laws happens informant new book history prerevolutionary russia may meet work hour two soon leaves house closely followed state criminal investigate background go find man meets turn next person meeting course everyone state security people schedule profound reasoning days surveillance superficial surveillance days hang around example heinrich boll came see german writer recently visited moscow put car front two approaches courtyard apartment house stays moscow three men car work one shift go visitors trail people leave foot consider listen around clock telephone conversations conversations home analyze recording tapes correspondence collect compare data vast premises people underlings amazed many idlers prime life strength better occupied productive work benefit fatherland busy friends keep inventing enemies expressed doubts whether militia loses constitutional role act congress incorporates armed services drifka brainard ed see appendix opinion infra farrand records federal convention even actions armed services regulating conduct may properly subjected judicial scrutiny yet armed services protection full panoply laws governing admission procedures see mckart oestereich selective service board service may use habeas corpus test jurisdiction armed services try detain see parisi davidson noyd bond reid covert billings truesdell armed services may seek protection civilian rather military courts charged crimes service connected parker bill rights military rev federalist supra national security act amended act stat provided provision act shall construed prevent secretary military department member joint chiefs staff presenting congress initiative first informing secretary defense recommendation relating department defense may deem proper see conf provision codified full account contained appendix ii infra hearing federal data banks computers bill rights subcommittee constitutional rights senate committee judiciary sess justice brennan justice stewart justice marshall join dissenting appeals held justiciable controversy exists respondents stated claim upon relief granted app agree judge wilkey writing appeals conclusion compelled following reasons stated respondents contend present existence system gathering distributing information allegedly far beyond mission requirements army constitutes impermissible burden respondents persons similarly situated exercises present inhibiting effect full expression utilization first amendment rights free speech etc baleful effect one thus present inhibition lawful behavior first amendment rights view respondents allegations justiciability standards operation system breach army duty toward respondents civilians case therefore ripe adjudication evil alleged army intelligence system overbreadth collection information reasonably relevant army mission suppress civil disorder indication better opportunity later arise test constitutionality army action issue considered justiciable time emphasis original footnotes omitted extent army argument justiciability includes claim respondents lack standing bring action agree army system indeed derogate first amendment values respondents persons sufficiently affected permit complaint heard record shows respondents organizations members subject army surveillance reports names appeared army records since precisely injury respondents complain standing seek redress alleged injury provide necessary adversary interest required standing doctrine issue whether actions complained fact inhibit exercise first amendment rights fact particular persons sufficiently uninhibited bring suit ground objecting standing