communist party control board argued decided june extensive hearings subversive activities control act board found communist party organization within meaning act ordered register remand case second remand appeals led proceedings board involving rulings additional procedural points two reconsiderations entire record following board adhered conclusion denial motions made party review merits appeals affirmed board order held judgment affirmed pp certain procedural rulings made board appeals constitute prejudicial errors requiring proceeding remanded board pp witness length following direct testimony initial hearing board stricken testimony two subjects recordings interviews discovered produced remand case said record board abused discretion refusing strike testimony ill health prevented submitting appeals sustained board ruling pp failing raise question previous petition certiorari party abandoned claim error board denial motion require production certain memoranda prepared government witness party resurrect claim repeating motion board remand case pp said appeals abused discretion denying untimely motions made party years termination initial hearings orders requiring production documents connection testimony government witnesses pp board appeals err construction act application party record pp concluding party substantially directed dominated controlled soviet union within meaning board appeals err either construction act finding facts shown record bring party within pp concluding party operates primarily advance objectives world communist movement within meaning board appeals err either construction act finding facts shown record bring party within pp board misinterpret misapply requirement determining whether organization organization shall take consideration extent organization engages certain classes conduct specified therein abuse discretion rulings admissibility evidence objections questions asked connection pp action appeals striking one subsidiary finding board require another remand proceedings board pp though board description world communist movement findings related party duplicate details description contained act one meant congress pp board err relying evidence conduct party engaged prior enactment act support conclusion presently organization appeals thrice examined evidence adduced board held board conclusions supported preponderance evidence make independent reappraisal evidence since action taken far party act order register consequences ensue order becomes final depend upon actions taken thereafter constitutional issues properly pertain constitutionality registration requirement applied proceeding issues raised constitutionality provisions act purporting regulate prohibit conduct registered organizations members otherwise affecting rights prematurely raised considered time electric bond share securities exchange pp notwithstanding possible consequences registration registration requirements constitute bill attainder within meaning art cl constitution pp registration requirements including listing names aliases addresses organization officers members listing printing presses possession control organization members applied constitute restraint freedom expression association violation first amendment alabama bates little rock shelton tucker distinguished pp claim provisions requiring officers party sign file registration statements subjects forbidden fifth amendment raised prematurely considered time pp act offend due process clause fifth amendment predetermining legislatively facts upon application registration requirements communist party depends pp john abt joseph forer argued cause filed brief petitioner solicitor general rankin argued cause respondent brief assistant attorney general yeagley bruce terris kevin maroney george searls lee anderson frank hunter briefs amici curiae urging reversal filed nanette dembitz american civil liberties union thomas emerson national lawyers guild royal france rev edwin aiken et al justice frankfurter delivered opinion proceeding pursuant subversive activities control act review order subversive activities control board requiring communist party register organization act appeals district columbia affirmed board registration order important questions construction constitutionality statute raised party petition certiorari brought case subversive activities control act title internal security act stat et seq amended principally communist control act stat certain provisions carried forward sections immigration nationality act adopted stat brief outline structure pertinent part frame issues decision section act recites legislative findings based upon evidence adduced various congressional committees first exists world communist movement origins development present practice revolutionary movement whose purpose treachery deceit infiltration groups governmental otherwise espionage sabotage terrorism means deemed necessary establish communist totalitarian dictatorship countries throughout world medium communist organization communist action organizations established utilized various countries acting control direction discipline endeavor carry objectives world communist movement bringing overthrow existing governments available means including force necessary setting communist totalitarian dictatorships subservient powerful existing communist totalitarian dictatorship although organizations usually designate political parties fact constituent elements communist movement promote objectives movement conspiratorial coercive tactics instead democratic processes free elective system means employed political party operates agency people govern communist movement organization numbering thousands adherents rigidly ruthlessly disciplined awaiting seeking advance moment may far extended foreign engagements far divided counsel far industrial financial straits overthrow government force violence may seem possible achievement seeks converts far wide extensive system schooling indoctrination preparations communist organizations countries aided supplanting existing governments communist organization pursuing stated objectives recent successes communist methods countries nature control world communist movement present clear present danger security existence free american institutions make necessary congress order provide common defense preserve sovereignty independent nation guarantee state republican form government enact appropriate legislation recognizing existence conspiracy designed prevent accomplishing purpose organization diplomatic representative mission foreign government accredited department state substantially directed dominated controlled foreign government foreign organization controlling world communist movement referred section title ii operates primarily advance objectives world communist movement referred section title section branch fraction cell organization defined subparagraph paragraph complied registration requirements title section requires registration organizations defined substantially directed dominated controlled organization primarily operated purpose giving aid support organization communist foreign government world communist movement procedures requirements registration communist fronts identical organizations except fronts need list members case failure organization register file registration statement annual report required act becomes duty executive officer secretary officers organization attorney general regulations prescribes register organization file statement report individual becomes member registered organization knows registered failed list name member required register within sixty days obtains knowledge individual becomes member organization concerning effect final order subversive activities control board requiring register organization registered although thirty days elapsed since order became final required register within thirty days becoming member within sixty days registration order becomes final whichever later criminal penalties imposed upon organizations officers individuals fail register file statements required fine offense organization fine imprisonment five years offense officer individual day failure register constituting separate offense individuals registration statement annual report willfully make false statement willfully omit fact required stated necessary make information given misleading subject like penalty attorney general required keep department justice separate registers organizations containing names addresses organizations registration statements annual reports case organizations registration statements individual members registers open public inspection attorney general must submit yearly report president congress including names addresses registered organizations listed members required publish federal register fact organization registered organization publication constitutes notice members registration organization whenever attorney general reason believe organization registered organization kind required register individual registered required register shall petition subversive activities control board order organization individual register manner provided act organization individual registered individual listed registration statement denies holds office membership registered organization attorney general upon proper request failed strike register may pursuant designated procedures file subversive activities control board petition cancellation registration appropriate relief board whose organization procedure prescribed empowered hold hearings shall public examine witnesses receive evidence compel attendance testimony witnesses production documents relevant matter inquiry hearing board determines organization organization individual member organization shall make report writing shall issue order requiring organization individual register denying petition relief board determines organization organization individual member organization shall make report writing issue order denying attorney general petition registration order canceling registration organization individual striking name individual registration statement annual report appropriate party aggrieved order board may obtain review filing appeals district columbia petition praying order set side findings board facts supported preponderance evidence shall conclusive either party shall apply leave adduce additional evidence shall show satisfaction additional evidence material may order additional evidence taken board board may modify findings facts shall file modified new findings supported preponderance evidence shall conclusive may enter appropriate orders judgment decree shall final except may reviewed writ certiorari order board requiring registration communist organization become final upon termination proceedings judicial review upon expiration time allowed institution proceedings board shall publish federal register fact order become final publication shall constitute notice members organization order become final section act provides determining whether organization organization board shall take consideration extent policies formulated carried activities performed pursuant directives effectuate policies foreign government foreign organization vested domination control exercised direction control world communist movement referred section title extent views policies deviate foreign government foreign organization extent receives financial aid directly indirectly direction foreign government foreign organization extent sends members representatives foreign country instruction training principles policies strategy tactics world communist movement extent reports foreign government foreign organization representatives extent principal leaders substantial number members subject recognize disciplinary power foreign government foreign organization representatives extent purpose concealing foreign direction domination control expediting promoting objectives fails disclose resists efforts obtain information membership keeping membership lists code instructing members refuse acknowledge membership method ii members refuse acknowledge membership therein iii fails disclose resists efforts obtain information records membership lists iv meetings secret otherwise operates secret basis extent principal leaders substantial number members consider allegiance owe subordinate obligations foreign government foreign organization organization registered act effect respect final order board requiring register prohibits person acting behalf transmitting mails means instrumentality interstate foreign commerce publication intended may reasonably believed intended circulated disseminated among two persons unless publication envelope wrapper container bear writing disseminated name organization communist organization section prohibits organization person acting behalf broadcasting causing broadcast matter radio television station unless matter preceded statement following program sponsored name organization communist organization act organization entitled exemption federal income tax internal revenue code deduction federal purposes allowed case contribution unlawful officer employee department agency corporation whose stock owned major part communicate person officer employee knows reason believe officer member communist organization information classified president affecting security knowing reason know information classified unlawful officer member communist organization knowingly obtain receive attempt obtain receive classified information government officer employee communist organization registered effect respect final registration order subversive activities control board unlawful member organization knowing notice organization registered order final hold office employment conceal fail disclose member organization seeking accepting holding office employment unlawful conceal fail disclose member organization seeking accepting holding employment defense facility organization organization engage employment defense facility unlawful member hold office employment labor organization term defined national labor relations act amended represent employer matter proceeding arising pending act unlawful officer employee defense facility knowing notice organization registered registration order concerning final advise urge member organization knowledge notice member engage conduct constitutes violations act officer employee contribute funds services organization communist organization registered effect respect final registration order subversive activities control board unlawful member organization knowledge notice registered order final apply passport renewal passport issued authority use attempt use passport case organization unlawful officer employee issue renew passport individual knowing reason believe member organization aliens members affiliates organization time registered required registered unless establish knowledge reason believe communist organization ineligible receive visas excluded admission subject deportation upon order attorney general immigration nationality act stat person shall naturalized citizen certain exceptions within ten years immediately preceding filing naturalization petition member affiliate organization time registered required registered member affiliate organization time registered required registered unless establishes knowledge reason believe organization immigration nationality act stat person naturalized effective date act becomes within five years following naturalization member affiliate organization membership affiliation time naturalization precluded naturalized shall considered prima facie evidence person attached principles constitution well disposed good order happiness time naturalization absence countervailing evidence shall suffice authorize revocation naturalization immigration nationality act stat service employ organization registered connection final registration order effect employment purposes social security act amended stat chapter internal revenue code amended stat performed june section subversive activities control act provides neither holding office membership communist organization person shall constitute per se violation penal provisions act criminal statute fact registration person officer member organization shall received evidence person prosecution violations penal provisions act criminal statute section provides provision title application thereof person circumstances held invalid remaining provisions title application provision persons circumstances shall affected thereby litigation long history november attorney general petitioned subversive activities control board order require communist party register organization party thereupon brought suit district district columbia seeking proceedings board enjoined statutory denied preliminary relief communist party mcgrath supp stayed answer hearings board pending appeal denied petition extension stay party abandoned suit hearings began april ended july witnesses attorney general three party presented oral testimony exhibits many book length received stenographic record exclusive exhibits amounted pages april board issued report concluding party organization within meaning subversive activities control act order requiring party register manner prescribed pending disposition appeals district columbia party petition review registration order party moved pursuant leave adduce additional evidence alleged show three witnesses attorney general crouch johnson matusow testified perjuriously board appeals denied motion affirmed order board one judge dissenting communist party subversive activities control board app finding party allegations perjury denied attorney general concluding registration order based record impugned charge perjurious testimony part three witnesses whose evidence constituted insubstantial portion government case stand remanded board make certain bases findings upon untainted evidence remand party filed several motions board seeking reopen record introduction additional evidence denied motion appeals leave adduce additional evidence similarly denied except board granted permission entertain motion concerning party offer show another attorney general witnesses markward committed perjury regard specified aspect testimony board granted party motion hearings reopened markward motions party orders requiring government produce certain documents relevant matter testimony denied december board issued modified report found markward credible witness made new findings fact expunged testimony crouch johnson matusow reaffirmed conclusion party organization recommended appeals affirm registration order affirming board actions regards held party entitled production several documents relating markward testimony remanded communist party subversive activities control board app scope remand enlarged subsequent orders requiring production recorded statements made attorney general witness budenz existence recordings become known government counsel board time statements related budenz testimony original hearings concerning starobin letter conversation motions pursuant seeking production documents memoranda furnished government attorney general witness gitlow recordings made interviews budenz denied second remand documents specified orders appeals made available party hearing reopened member board sitting examiner illness budenz made impossible recall connection documents produced examiner denied party motion strike budenz testimony strike much related starobin matters credibility budenz markward affirming action examiner striking portion budenz testimony concerned starobin letter conversation board record whole issued modified report second remand findings fact consisting principally findings contained first modified report deletions concluding communist party organization recommending order register affirmed panel appeals affirmed order time denying party motion order requiring production statements made government witnesses possession government app dissenting judge dissenting part decision us review ii communist party urges outset procedural rulings board appeals constitute prejudicial error requiring proceeding remanded board reaching statutory constitutional issues case presents must consider rulings board refusal strike testimony witness budenz original hearing board budenz testified almost two days direct examination five days testimony fills pages eight pages direct thirty pages relate starobin letter two pages direct ten pages relate conversation motions require production reports statements budenz two subjects denied time board remand motions repeated denied appeals affirmed denial motions ground appear possession government reports statements subsequent remand grounds however government counsel first time discovered files mechanical transcriptions interviews budenz concerning starobin matters counsel reported discovery appeals thereupon enlarged scope remand require production statements defined made budenz relating matters question propriety various rulings party motions production us inspection recordings camera member board sitting examiner excerpts relating starobin letter conversation furnished party party sought recall budenz light statements upon receipt letter budenz personal physician stating serious heart condition imperil budenz health appear caused independent physical examination witness heart specialist specialist confirmed might seriously affect budenz health cause death counsel government party agreed witness unavailable recall party moved budenz testimony stricken grounds unreliability shown prior statements aid recordings produced might permit party discredit budenz entirely rendered impossible delay government responsible examiner denied motion granted alternative motion strike much budenz testimony concerned starobin letter conversation board appeals affirmed rulings party argues error conversation concerns interview new york budenz childs weiner discussed financing midwest daily record party newspaper edited budenz hearing board budenz testified childs asked weiner money got abroad weiner replied normally might channels communication broken time perhaps might money come budenz testified although definitely stated weiner meant abroad budenz familiarity term used party members led believe meant moscow recordings produced government made series interviews budenz mention incident although advert financing problems daily record trips made new york seek funds asked whether seen indication funds coming russia budenz replied indication addition krumbein treasurer weiner still maintains certain general supervisory control finances budenz explained weiner trusted financially mentioned weiner super financial person indicative source money relate specific conduct weiner rendered status indicative interview reported office memorandum prepared agent budenz stated recall one instance wherein indicated soviet union might sending money conversation new york childs asked weiner memorandum stated whether expect consignment across sea weiner immediately changed subject matter indicating want discuss question transmission soviet funds presence budenz even though budenz trusted communist budenz concluded remark made funds actually sent country time soviet union propaganda purposes childs suggested weiner try get money moscow finance paper weiner stated temporarily lost contacts moscow hence anything childs asked funds advanced weiner reserve fund large sums money held bank accounts reserve moscow earmarked communist organizations weiner advised time communication system temporarily broken budenz took mean weiner source supply foreign countries particularly russia think instructions relative change policy starobin fields must received came russian delegation oh said maybe manuilsky ukrainian delegate sure sure mean got atmosphere fact mentioned manuilsky much definitely figure ci certainly used lay law like general know troops ruling party motion strike budenz testimony unavailability light earlier statements board took account similarities variations witness several accounts starobin matters also budenz responses extensive subjects testimony initial hearing substantial corroboration budenz testimony evidence administrative record failure party attempt rebut testimony specific detailed board found prior statements produced demonstrate context pertinent circumstances record budenz starobin testimony deliberately false also assuming arguendo testimony false budenz evidence thereby discredited concluded fair disposition question strike budenz testimony two subjects failure timely production prior statements deprived party effective appeals independently reviewing record affirmed board refusal strike finding discrepancies among various versions incidents indicate perjury much less habit perjury essential shown taint witness testimony app considerations relevant party contention budenz testimony must expunged first extent prior statements compared testimony present proceedings discredit witness impugn testimony entirety second extent whole record appears inability budenz light prior statements prejudiced party questions best answered entrusted ascertaining fact tribunal conducts hearing passes judgment reliability witness light total testimony relation pages exclusive exhibits administrative transcript wide discretion left trial judge less must left agency like board matter kind matter adjusting process inquiry exigencies particular situation appear administrators immediately acquainted course proceedings record say hearing examiner board abused discretion appeals erred affirming rulings saying ignore argument party deprivation opportunity budenz basis prior statements fault government counsel suffice find basis overruling determinations government charged attempt unfairly hamper party presentation case therefore justified holding evidence struck board found otherwise probative inherently believable discredited despite five days party appeals found unexceptionable board refusal order production gitlow memoranda gitlow years prior high official communist party turned quantity documents papers pertaining party shortly thereafter dictated series memoranda explaining interpreting original hearing present proceeding gitlow testifying attorney general identified number documents put evidence described contents significance party moved board order requiring attorney general produce explanatory memoranda motion denied first petition appeals review order board party assigned board refusal order production documentary evidence error mention gitlow memoranda argument portion brief apparently oral argument point among questions presented petition certiorari relied briefs remand party moved board order production memoranda board refused appeals second opinion reviewing board proceedings held ruling board declining order production corrected petition review board order relying consolidated edison labor board said party exclusive remedy move appeals act leave adduce additional evidence failure make motion time board refused order documents produced barred party later challenging action board second remand party make motion pursuant seeking gitlow memoranda refused holding party procedural error cured nunc pro tunc may assume arguendo without deciding point board erred refusing order gitlow memoranda produced original hearing reach question applicability consolidated edison case situation late party raise error board error raised five years ago raised ordered cured time first remand board demands orderly procedure due procedure means achieving justice according law require case brought review administrative action rulings agency upon party seeks reversal available presented otherwise promoting sporting theory justice potential cost substantial expenditures agency time allow counsel withhold save later stage procedural error tend foist upon constitutional decisions avoided errors invoked earlier hold communist party abandoned claim error board denial motion require gitlow documents produced failing raise question previous petition certiorari course resurrect claim repeating motion board remand denial appeals party motions orders requiring production statements witness budenz statements witnesses attorney general february case remanded board second time five half years termination initial hearings party moved appeals order requiring production recordings notes memoranda made interviews budenz insofar related testimony hearings april board considered record third time written third opinion party filed second motion appeals seeking production statements government witnesses relating testimony motion similar scope made board second remand december denied motions untimely say abused discretion reference budenz records party seeks excuse delay pointing early february discover made mechanical transcriptions interviews witness party misled argues time original board hearings believing prior statements budenz possession government short answer may found transcript budenz replies questions counsel party testimony although party might known disc recordings made budenz interviews knew notes records taken interviews indeed party sought production reports insofar related starobin letter conversation motions made board time budenz testified similar motions made regard aspects budenz testimony regard witnesses board denied motions issue brought review five years ago production ordered presumably statements budenz found statements others existed found say appeals clearly wrong holding time motions made late remand board require production documents order reopen witnesses testified iii come communist party contentions board appeals erred construction act application facts record party argued elements statutory definition organization act come course litigation known control objectives components misinterpreted board misconceived nature eight evidentiary considerations directed attention pertinent determination whether organization organization board misapplied phrase world communist movement board erred taking account relevant determination conduct party prior date act appeals said erred failing remand board striking one subsidiary findings unsupported evidence finally contended record whole support preponderance evidence required conclusion party organization within correct meaning phrase control component act organization found organization unless substantially directed dominated controlled foreign government foreign organization controlling world communist movement party asserts requirement satisfied lesser demonstration foreign government foreign organization controlling world communist movement exercises organization enforceable coercive power exact compliance demands appeals disagreed holding circumstances record consistent undeviating dedication extended period time carrying programs foreign government foreign organization despite significant variations direction programs sufficient subversive activities control board reports articulated understanding standard since final factual determination made appeals put definitive gloss must attribute acceptance interpretation agree substantial direction domination control one entity another may exist without latter power event effectively enforce obedience issue communist party tenders one construction statutory language sharply drawn abstract sphere words realm fact true appeals compendiously expressed understanding party conduct course thirty years revealed record found board terms voluntary compliance opposing phrase party insists statute demands enforceable control neither verbalisms used congress neither invariant content language statute substantially directed dominated controlled notions carries meaning situation human relationships arises takes shape different modes patterns context different circumstances statute amended uses phrase three times organization must one substantially directed dominated controlled foreign government foreign organization designated kind organization must one substantially directed dominated controlled organization organization must one substantially directed dominated controlled individual individuals engaged giving aid support organization communist foreign government world communist movement variations language also occur subsection refers foreign government foreign organization vested domination control exercised direction control world communist movement section relates action organizations established communist dictatorship vested direction control world communist movement sections communist organization controlled directed subject discipline communist dictatorship manifestly various relationships among nations organizations movements individuals act speaks take multiplicity forms foreign government dominates controls direction world communist movement different means different ways one organization dominates controls another individual dominates controls organization differences deprive concepts domination control ample meaning throughout various manifestations concepts denote relationship one entity much holds ascendancy another predictably certain latter comply directions expressed former solely virtue relationship without reference nature content directions sense find opinions expounding decisions appeals reports board evidence similar understanding nothing committee reports pertinent internal security act said congressmen charge passage affords gloss substantially directed dominated controlled used nothing indicate congress meant phrase arcane technical meaning reach suggested however comparison cognate enactment voorhis act stat requiring registration attorney general inter alia certain organizations subject foreign control section act stat provided organization shall deemed subject foreign control solicits accepts financial contributions loans support kind directly indirectly affiliated directly indirectly foreign government political subdivision thereof agent agency instrumentality foreign government political subdivision thereof political party foreign country international political organization policies determined suggestion collaboration foreign government political subdivision thereof agent agency instrumentality foreign government political subdivision thereof political party foreign country international political organization subjection foreign direction domination control speaks disposition unerringly follow dictates designated foreign country foreign organization exercise independent judgment intrinsic appeal dictates carry reason emanate country organization apt term domination control used describe relationship nature circumstances bind organization unwavering compliance may diverse may consist course sort enforceable power organization members employer employee power compel obedience threat discharge may also consist incidents assure organization unquestioningly adhere line conduct appointed incidents suggested evidentiary considerations congress enumerated act foreign financial aid whose menaced withdrawal may serve instrument influence subjection recognition personal disciplinary power designated foreign organs leaders substantial number members organization obligations nature allegiance owed foreign organs organization leaders substantial number members incidents may involve forces felt individuals groups compelling recognition mastery example makes criticism severe sanction existence direction domination control instance issue particular fact question whether case given organization compulsion impulsion arises complex ties link foreign government organization ties alone adhere conduct decisions made abroad one congress committed first instance expert trier fact since determination organization organization largely matter working legislative policy multiform situations potentially great variety construction statute ensues application particular circumstances administrative agency charged enforcement given weight reviewing cf labor board hearst publications decision rochester telephone especially apposite case involved question whether one communications corporation controlled another purposes communications act stat providing federal communications commission jurisdiction carrier engaged interstate foreign communication solely physical connection facilities another carrier directly indirectly controlling controlled carrier refusing set aside order based commission finding new york telephone company controlled rochester telephone corporation said investing commission duty ascertaining control one company another congress imply artificial tests control issue fact determined special circumstances case long warrant record judgment expert body must stand subversive activities control act providing findings board facts shall conclusive supported preponderance evidence stricter standard set administrative findings ordinarily subject case say board affirming order appeals misapplied act neither written report opinion supports party interpretation hold party suggests conformity stems nothing ideological agreement satisfies requirements hold definition organization intended congress restricted organizations subject enforceable demands soviet union organization person may substantially direction domination another person organization voluntary compliance well compulsion especially true voluntary compliance simultaneous time direction undeviating period time variations direction soviet union directs line policy organization voluntarily follows direction terms statutory definition met app must read context facts record proceeding since determinative issue meaning substantially directed dominated controlled constitutional questions construction statutory language raises determined essentially basis assignment legal significance board findings fact findings must allowed speak neither summarized fairly conveyed bits pieces large scope critical importance necessitates justifies burdening opinion extensive quotation customary cases summaries record may meaningfully made board wrote present world communist movement first manifested organizationally formation march moscow russia third communist international event recorded history communist party soviet union initiative bolsheviks headed lenin first congress communist parties called moscow work guided lenin thus founded international revolutionary proletarian organization new type communist international international one year later july second congress communist international adopted promulgated theses statutes setting forth aims purposes later herein detailed described single universal communist party parties operating every country form individual sections statute comintern insured serve interest russia providing communist international fully unreservedly upholds gains great proletarian revolution russia first victorious socialist revolution world history calls upon workers follow road communist international makes duty support power disposal every soviet republic wherever may communist international fact world communist party organized controlled policies activities soviet union consisting various communist parties countries throughout world constituted sections headquarters moscow embodied elaborate organizational structure related implementing basic strategy tactics north american bureau political bureau respondent acted capacity supervising communists canada cuba mexico others panama canal soviet union leader communist international exercising control policies activities communist party soviet union five votes one larger parties executive committee comintern ecci respondent resolution acknowledged general staff world revolutionary movement giving unity leadership communist parties government soviet union financed comintern heads comintern identified record leading members communist party soviet union respondent joined international communist organization shortly constituted admittedly participated therein espondent recognized membership therein subordinated national interests complete total allegiance dedication demanded affiliation comintern acknowledged turn stressed respondent also shown program communist international organization waging class warfare liberation working class reservations endorsement affiliation loyalty reservations treachery endorsement defense soviets russia failure advocate soviet form proletarian dictatorship fundamental world communist movement conditions admission communist international promulgated theses statutes uncontradicted testimony documents establish conditions endorsed accepted respondent binding upon condition required party formed upon basis democratic centralism stressing possessed iron discipline able fully thoroughly carry duty part world communist movement condition order aid control required committee members members central institutions consist comrades made open declarations desire join comintern condition required inspection personnel removal unreliable elements parliamentary party fractions condition required systematic check personnel remove petty bourgeois elements may infiltrated party condition made binding upon party resolutions comintern condition made liable exclusion party anyone rejected theses conditions third communist international specific policies programs condition required maintenance program accordance resolutions comintern another aspect conditions make allegiance section party members comintern hence soviet union paramount example condition obligates every member party comintern render every possible assistance soviet republics struggle directs member parties use legal illegal means obstruct military efforts soviet union conditions never changed communist international enforced implemented respondent used educate members considerable documentary material record also established respondent fully complied fulfilled requirements membership communist international faithfully followed carried instructions directives communist international formally dissolved time soviet union military allies one reason given formal dissolution stalin remove foundation fascist charges soviet union meddling internal affairs nations world communist movement hegemony soviet union continued notwithstanding dissolution organizational form embodied communist international world communist movement intact basic orientation policies programs discussed continued via cominform communist parties formally affiliated respondent respondent although never formally member cominform remained dedicated proletarian internationalism policies programs world communist movement continued cominform previously set forth respondent joined communist international shortly constituted admittedly participated therein respondent offered substantial evidence concerning period activities contending period irrelevant primarily announced disaffiliation communist international circumstances disaffiliation show fundamental significant change respondent relationship world communist movement oral testimony official documents respondent comintern show respondent complete control direction comintern gitlow top official respondent late member executive committee communist international stated unequivocally comintern controlled major policies respondent kornfeder also functionary respondent attended sixth congress comintern held moscow corroborated stating knew instance experience lasted respondent deviated comintern instructions nowell based personal experience member respondent personal contact comintern well instructed attending lenin school moscow stated decisions comintern binding respondent honig testified comintern directives carried respondent among specific instances record much uncontroverted documentary material showing control exercised respondent comintern comintern decision resulted amalgamation various communist factions single communist party decision joseph stalin adopted comintern expelled certain top officials respondent designated individuals leaders respondent advance approval comintern holding communist party conventions comintern instructions respondent charge great britain intervention chinese affairs attack chiang comintern decision directing respondent work formation party subsequent change directing respondent go elections communist party ticket advance approval comintern members respondent sent training schools moscow respondent makes much fact disaffiliated communist international dispute respondent announced disaffiliation stated purpose avoiding registration foreign agent voorhis act october issue effect disaffiliation browder report makes clear disaffiliation expediency avoid registration voorhis act contains nothing negatives intent continue principle proletarian internationalism various passages browder report indicate intent end formal organizational connection communist international alter preexisting fundamental relationship illustrative report disaffiliation even considered thought cause party waiver vacillate carrying internationalism founded marx engels brought great historically decisive victories leadership lenin stalin life every communist unconditionally consecrated also browder report characterizing voorhis act extreme example vicious oppressive exceptional laws indicates organizational disaffiliation accord comintern condition every country consequence martial law exceptional laws communists unable carry work lawfully combination lawful unlawful work absolutely necessary reorganization followed solution dictated stalin adopted comintern accepted respondent lovestone gitlow others deposed leaders respondent leadership placed group included william foster present national chairman reorganization respondent due factional dispute reflection struggle communist party soviet union communist international forces led stalin led bukharin foster faction respondent representing minority per cent supported stalin whereas faction representing per cent sided bukharin notwithstanding respondent complied solution record contains evidence subsequent material organizational changes may respondent name changed communist political association changed back name communist party change cpa year following dissolution comintern like announcements dissolution change assertedly promote peaceful soviet union operating name communist political association deemphasis militant principles current publications party put forward teheran line evidence presented respondent show break basic principles international communist movement leadership respondent remained relevant reconstitution respondent name communist party record shows april jacques duclos spokesman world communist movement issued statement substance effect mistake dissolve communist party preparation throughout party respondent reconstituted communist party america earl browder departing orthodoxy branded revisionist deviationist deposed leader foster took national chairman otherwise officials leaders cpa party minor exceptions remained officers leaders reconstituted communist party upon taking national chairman foster pointed necessity reemphasizing revolutionary line report reconstitution convention subsequently published political affairs foster declared party suddenly reverted basic communist principles never must train party fundamentals previously found foster became leading officer respondent result soviet union directive national chairman since reconstitution prior letter respondent national committee opposed browder policies suppressed respondent membership position set forth letter approved duclos statement browder policies condemned number years prior respondent announced disaffiliation communist international foster sic official international soviet union numerous occasions party business addition foster number respondent present leaders functionaries respondent since time communist international soviet union party business indoctrinated trained soviet union communist strategy policies leaders taught party schools written party press spoken party meetings various phases including leading position soviet union proletarian internationalism necessity revolutionary overthrow imperialist nations particularly continuance office leaders respondent functionaries period respondent open member open formal organization world communist movement absence substantial evidence showing repudiation respondent leaders program policy world communist movement well fact continues basic respondent probative issues herein reorganization respondent leadership pursuant stalin solution factional dispute supervised soviet union representative sent purpose number individuals identified past representatives soviet union supervise carrying various policies programs activities respondent respondent acceptance authority foreign representatives required rule communist international executive committee presidium right send representatives various sections communist international representatives receive instructions presidium responsible activities representatives right participate meetings central party bodies well local organizations sections sent representatives especially obliged supervise carrying decisions world congresses executive committee communist international eisler foreign representative shown record subsequent announced dissolution communist international respondent ceased open affiliation comintern avoid identification foreign representative comintern open organization dissolved soviet tactical reasons absence showing foreign representatives context record indicate change respondent nature character respondent policies programs activities originally formulated carried pursuant directives foreign leadership world communist movement policies programs activities respondent consistently applied throughout respondent existence without change repudiation various tactical fluctuations emphasis followed laid world communist movement examination respondent current activities shows respondent still pursuing policies enunciated soviet union communist international respondent witnesses unable cite single instance throughout history taking position question found views policies soviet union government conflict cpusa agreed announced position show single instance cpusa disagreed soviet union policy question respondent soviet union announced position testimony mosely documents submitted embraced tremendous area international questions respondent soviet union taken positions uniformity constant wide variety questions corroborated evidence record material consideration viewing spread evidence spanning years respondent first twenty years area activity required conditions membership communist international conform programme decisions comintern propaganda agitation years since respondent without single exception continued adhere views policies soviet union witness asked unable show conflict policies strong evidence preexisting relationship respondent soviet union continued notwithstanding formal dissolution comintern soviet union original emphasis throughout objectives component section defining organization requires finding organization operates primarily advance objectives world communist movement referred section title although asserting reference unclear party offered appeals construction requirement defines objectives world communist movement overthrow existing government means necessary including force violence establishment communist totalitarian dictatorship subservient soviet union see need determine whether interpretation insofar implies organization must operate advance objectives order come within act correct certainly elements party isolated singly collectively major objectives described appeals accepted party analysis arguendo judgment affirming order board rests conclusion party operates advance three objectives conclusion supported findings board adopts interpretation favorable party within framework definitions appeals held sufficient demonstrate communist party objective overthrow existing government finding board party advocates overthrow government force violence necessary party argues finding inadequate satisfy conception overthrow embodied compulsion first amendment act must read reaching organizations whose purpose overthrow existing government expressed illegal action incitement illegal action advocacy use violence necessary amounts promulgation abstract doctrine incitement section recites purpose world communist movement treachery deceit infiltration espionage sabotage terrorism means deemed necessary establish communist totalitarian dictatorship countries throughout world medium communist organization section recites organizations endeavor carry objectives world communist movement bringing overthrow existing governments available means including force necessary think organization may found operate advance objectives defined although incite present use force first amendment compel construction subversive activities control act regulatory prohibitory statute make unlawful pursuit objectives defines context party misapplies yates dennis relies see barenblatt uphaus wyman american communications assn douds evidentiary considerations section striking appeals subsidiary finding section section prescribes determining whether organization organization board shall take consideration extent conduct eight enumerated dimensions accordingly board made basic findings fact based conclusions party attacks conclusion based upon misinterpretation misapplication statutory considerations three considerations upon board placed substantial reliance determination communist party controlled soviet union operates primarily advance objectives world communist movement extent policies formulated carried activities performed pursuant directives effectuate policies soviet union extent principal leaders substantial number members subject recognize disciplinary power soviet union extent principal leaders substantial number members consider allegiance owe subordinate obligations soviet union party contends conclusions board supported findings fact considered board report find party contention without merit three considerations extent organization receives financial aid foreign government foreign organization controlling world communist movement extent sends members foreign country instruction training principles tactics world communist movement extent reports foreign government foreign organization controlling world communist movement board found respectively communist party received financial aid soviet union comintern sent members soviet union training prior evidence activities continued time communist party upon occasion reports soviet union reading modified report second remand appear board relied three findings support ultimate determination rather regarded inconclusive except insofar soviet financial aid party period became going organization considered tile mosaic insofar party members served instructors party schools later times evidence continued foreign training party argues board findings required conclude evidence pertinent considerations tended negate finding party say basic findings board compelled conclusion precluded board directed congress consider extent organization engages certain classes conduct course obligated make findings dimension conclusive ultimate issues required consider dimensions painstakingly done whole record appraise probative force evidence dimension see secretary agriculture central roig ref cong rec cf board explained detail factors urged take view taken evidence concerning financial aid foreign training reporting say basis findings accorded inadmissible weight considerations board directed consider determining whether given organization organization extent views policies deviate foreign government foreign organization directing world communist movement connection consideration philip mosely professor international relations columbia university director university russian institute appeared expert witness attorney general enumerated major international issues thirty years respect testimony indicated substantial difference announced positions soviet union communist party issue documents representative respective views soviet party identified mosely put record exhibits board appeals credited mosely testimony placed significant reliance concluding communist party substantially dominated soviet union party urges two contentions relating aspect case first mosely evidence tendency prove within meaning rational relevance ultimate issue soviet domination party mosely establish international issues concerning soviet union party views coincided announced soviet position antedated party mosely testify coincidence views evidenced parroting soviet position party indeed expressly declined matter expert judgment draw inference coincidence alone respect reasoning processes party arrived views party contends board authorized consider evidence merely sameness policy sameness become relevant attorney general shown party took position subsequent independently announced policy soviet second party argues board erred refusing let show mosely proffered original evidence many assertedly groups individuals also expressed contemporaneously soviet union party views identical two concurred views correct agree board entitled consider evaluate evidence consistent identity policies organization soviet union government shown temporal antecedence soviet position negatived possibility independent reasoning processes brought identity board found coincidence policies extended vast area subject matter absolutely invariant thirty years entire life party unbroken even face sharp reversals soviet views section directing board consider extent purport establish litmus test domination control requiring fixed minimum level requirement satisfied consideration whatever logically relevant regard course government established stronger case shown identity views forty issues also soviet view always led party always followed similarity conceivably result autonomous application similar basic philosophical principles reason say board consider form judgment showing government make present proceeding certainly act contained mosely testimony relevant significantly probative respect issue soviet domination party hold makes condition precedent board consideration totally unwavering identity policy lines attorney general also establish elusive determinants dates birth policies ratiocinative processes came find congress meant limit severely limit evidences soviet domination board take account structure bear construction respect rulings precluding party showing certain facts tended establish views paralleled soviet union correct views reached independently also held persons think board abused discretion questions party sought ask mosely relating correctness party views two sorts first involved matters value judgment opinion capable interminable debate incapable proof board might reasonably found added little record beyond witness personal views second sort called answers objective kind related general truth falsity particular detailed assertions fact selected various documents attorney general put evidence illustrative party policies since testifying nature policies mosely relied wide background study party writings exhibits put record exemplary since even reference particular exhibits mosely testimony rested upon expert analysis article read whole general tenor deriving use language selection facts reported argumentative exhortative parts litigation truth vel non individual statements fact might well regarded board promising lead distracting inquiries regarding marginal remote issues constitute res inter alios acta incommensurate materiality evidence produced objections kinds questions board discretion properly sustained question party attempted put mosely concerning approximately half international issues discussed whether case informed american observer exercise independent judgment sensitive best interests might also reasonably arrived view held party soviet question improperly disallowed beyond permissible scope mosely purport direct examination establish thought processes political processes soviet party arrived positions positions identical party permitted show two witnesses testified direct policies party adopted autonomously reasoned belief case particular policy sound best interests american people board modified reports took account evaluated testimony prejudicial party allowed use government expert witness negative causal connections testimony government seek show party also argues permitted demonstrate mosely original evidence many persons soviet party held views similar two agreed hold board erred excluding showings took two forms first respect international issues question put mosely whether many commentators also support view expounded party similar question asked witness party concerning one issue second respect somewhat thirty issues party offered establish questioning mosely documents proffered evidence particular named individuals groups concurred views party individual issue party proved allowed make offered showings subject specific isolated one among international issues enumerated considerable number persons took positions parallel soviet party expected case issues character party never offered show despite wide latitude allowed hearing panel making proffers similar proffers previously disallowed continuing substantial body independent groups persons concurred party significant aggregate number policies among particular sources mentioned party separate questions offers proof greatest number issues reference single source recurs new york times individuals writing times ten less cases agreement shown portion party position source occurs roughly half dozen times two three times basis proffers board rulings amount abuse discretion must allowed conduct hearings avoid opening sluices litigation views multitude third parties section requires board consider extent purpose concealing foreign direction domination control expediting promoting objectives organization engages specified secret practices otherwise operates secret basis original report board concluded communist party engages secret practices purposes appeals first opinion held finding secret practices warranted government established preponderance evidence purpose practices although new evidence point taken remand board found two modified reports purpose practices promote objectives communist party third opinion appeals held finding purpose unsupported preponderance evidence nevertheless holding whole record supported board conclusion communist party substantially directed dominated controlled soviet union rejected party contention striking one subsidiary finding purpose secret practices required remand proceeding board think appeals err refusing remand case ground cf labor board newport news shipbuilding dry dock summaries modified reports board rely even refer finding secret practices thus case unlike securities exchange chenery labor board virginia electric power proceedings remanded administrative agencies found unsupportable grounds upon agencies expressly rested orders reviewed appeals strikes sustained evidence subsidiary administrative finding upon agency purport rely unwarranted exercise reviewing power remand proceedings labor board reed prince mfg remand called solid reason believe without subsidiary finding agency arrived conclusion arrive reading modified reports board present case reports written appeals held finding purpose party secret practices unsupported conclude appeals wrong regarding finding stricken one board attach weight influence determination board findings world communist movement evidence past practices preponderance evidence act organization may found organization relations specified control objectives components exist world communist movement referred section present proceeding board recognizing section act congress found existence world communist movement described characteristics set forth description based evidence presented record contemporary communist institutions international aspect particularly role soviet union institutions party argues description duplicate details act world communist movement board found communist party bore required statutory relationship world communist movement referred attributes world communist movement detailed legislative findings nature requisite category characteristics comprising definition entity whose existence vel non must established proving characteristics administrative proceeding act congress found movement exists legislative description nature made subject litigation purpose ascertaining status particular organization act attorney general need prove case organization petition registration order filed international institutions organization shown related fit picture every precise detail set forth question organization found certain international relations one statutory interpretation identifying statutory referent institutions involved relations world communist movement congress referred satisfied board report world communist movement findings related communist party world communist movement meant congress party contends board erred relying evidence conduct engaged prior enactment act support conclusion presently organization must rejected current character organization nature connections others issue course past conduct pertinent institutions like organisms predominantly past made history provides illuminating context within implications present conduct may known finally party asks evidence adduced board review board findings fact appeals made thoroughly familiar record three held board conclusions expressed modified report second remand supported preponderance evidence see reason still another independently reappraise record declined case agencies reviewing power facts vested courts appeals find purpose served departing settled policy appellate review labor board pittsburgh steamship labor board american national ins federal trade standard oil iv party constitutional attack subversive activities control act assails virtually every provision extended intricate regulatory statute registration requirement demanding may deemed defamatory characterization addition disclosure identity members said abridge first amendment rights free expression association communist party adherents see alabama bates little rock cf thomas collins joint refugee committee mcgrath party officers asserted filing registration statement behalf evidence status active members party required incriminate violation fifth amendment individual members must register party fails register fails list cf blau quinn provision communist organizations label publications attacked prior restraint sanctions denial tax exemption attacked penalty exercise party constitutionally protected freedom speech cf talley california speiser randall various consequences party registration individual members prohibition application use passports disqualification government employment disqualification naturalization subjection denaturalization proscription officership employment labor organizations said deny members due process law effect attainting association cf de jonge oregon wieman updegraff subjecting potential criminal proceedings nature organization membership element various offenses may judicially tried many statute provisions challenged unconstitutionally vague said establishment agency subversive activities control board whose continued existence depends upon finding communist party organization within meaning act necessarily biases agency deprives party fair hearing fact party asserts statute written particularly designates communist party organization aimed constitutes abolition party legislative fiat nature bill attainder provisions must read whole said read seen envisage registration regulation party imposition impossible requirements whose purpose lay foundation criminal prosecution party officers members effect outlawing party many questions prematurely raised litigation merely potential impairment constitutional rights statute create justiciable controversy nature extent rights may litigated public workers mitchell international longshoremen union boyd even provisions comprehensive legislative enactment ripe adjudication portions enactment immediately involved thereby thrown open judicial determination constitutionality passing upon possible significance manifold provisions broad statute advance efforts apply separate provisions analogous rendering advisory opinion upon statute declaratory judgment upon hypothetical case watson buck rule practice better settled never anticipate question constitutional law advance necessity deciding liverpool new york philadelphia commissioners arizona california justice brandeis concurring ashwander tennessee valley authority part principle based upon realization nature judicial process courts wisely determine issues precisely defined confining circumstances particular situations see parker county los angeles rescue army municipal part represents conception role judiciary government premised upon separation powers role precludes interference courts legislative executive functions yet proceeded far affect individual interests adversely see note hayburn case dall massachusetts mellon considerations crucial power obligation constitutional cases require delimit outset issues properly us present litigation proceeding brought attorney general subversive activities control act seeking order board communist party register organization pursuant board issued order accordance reviewed effect order require party register file registration statement within thirty days order becomes final upon pain fine day failure register order becomes final consequences also ensue party members persons certain acts party distributing publications mails instrumentalities interstate foreign commerce causing matter broadcast radio television without required identification prohibited tax exemption denied specified acts members applying using passport holding government employment holding labor union office employment forbidden members definitively subject certain disqualifications aliens may enter may deported may naturalized may circumstances denaturalized qualifications employment party employment purposes social security act amended contributions party tax deductible subversive activities control act acts third parties regard party members contributing funds services party government personnel issuance passports party members specified circumstances prohibited consequences depend upon action taken subsequent time registration order becomes final depend upon action best highly contingent question consequences us constitutional adjudication necessarily involved determination constitutionality board registration order closely similar issue presented electric bond share securities exchange statutory suit brought securities exchange commission enforce certain utility holding companies provisions public utility holding company act stat act like subversive activities control act statute many intricate interlocking sections severability clause fifth section provided holding companies defined might register commission file registration statement containing specified information unless company registered within time fixed subjected referred penalty failure register criminal liability engaging business interstate commerce selling transporting owning operating utility assets transportation gas electricity interstate commerce using mails instrumentalities interstate commerce distribute acquire utility securities negotiate make take step performing service sales construction contracts public utility holding companies owning controlling holding voting stock subsidiary engaging activities holding company registered prescribed consequences ensued automatic requiring initiation proceedings commission unlawful registered holding company subsidiary company registered holding company sell offer sale security holding company house house cause officer employee subsidiary company sell security unlawful registered holding company borrow receive extension credit public utility company system unlawful registered holding company subsidiary holding company make contribution connection candidacy nomination election appointment person office position federal state municipal government make contribution political party contracts made violation provision act void transactions registered companies prohibited unless approved commission simplification provisions commission required take steps break systems registered holding companies commission sued district granted injunction restraining companies electric bond share system operating violation either registered ceased holding companies cross bill companies seeking declaratory judgment act unconstitutional entirety dismissed case came companies argued scheme act single integrated whole registration sections mechanism holding companies subjected statute various regulatory provisions separately considered unconstitutionality regulatory provisions invalidated registration requirement affirmed decree basis deliberate abstention consideration registration section enforced sanctions noting statute severability clause given effect registration obligation validly enforced even though control provisions applicable registered companies unconstitutional finding legislative history nothing indicate various regulatory sections intended constitute unitary system part fail without destroying rest declined decide broad constitutional questions pressed upon likewise district dismissal cross bill sustained cross bill defendants seek judgment every provision act unconstitutional presents variety hypothetical controversies may never become real invited enter speculative inquiry purpose condemning statutory provisions effect concrete situations yet developed definitely perceived must decline invitation decision electric bond share controls present case act like one involved section directing provisions applications held invalid remaining provisions possible applications shall affected authoritative legislative history clearly demonstrates major purpose enactment regulate organizations means public disclosure effected registration apart regulatory provisions act course purpose severability clause consideration provisions requiring organizations register file registration statement way affect decision present case every portion act purporting regulate prohibit conduct registered organizations organizations ordered register members unconstitutional still affirm judgment expatiation validity portions remain mere pronouncements addressed future hypothetical controversies true regard sections act prescribe consequences legally enforceable communist party final registration order effect labeling denial provisions analogous proscription specified credit transactions specified security sales specified political contributions public utility holding company act considered electric bond share although become operative soon registration order made final application remains real sense problematical foresee effect upon party denial tax exemption know whether party whether time board order goes effect taxable income indeed income whatever know order effect party wish utilize mails instrumentality interstate commerce circulation publications guess nature whatever publications may wish circulate relation purposes functions party circumstances may critical constitutional determination discount significance saying difference circumstances effect different constitutional result principles relevant determination validity statutory provisions depend upon variations circumstances potentially applicable analysis presupposes understand relevant constitutional principles whereas reason postponing decision constitutional issue clearly focused receives impact occurrence particular circumstances precisely circumstances may reveal relevancies abstract prospective supposition may see adequately assess considerations equally appropriate case sections act proscribe specified conduct members organization concerning final registration order effect impose obligations upon subject described disabilities certain circumstances wholly speculative foreshadow whether conditions member party may future apply passport seek government employment alien become party naturalization denaturalization proceeding none things may happen appropriate administrative judicial procedures available test constitutionality applications particular sections act particular persons particular situations nothing justifies previsioning issues party argues threat however indefinite future application provisions penalize individuals become members affiliates contributors effectively deter persons associating aiding supporting thus provisions exercise present effect upon party sufficiently prejudicial justify challenging proceeding support contention party cites cases held litigants standing attack statute regulation operated coerce persons withdraw profitable relations associations litigants see joint refugee committee mcgrath pierce society sisters buchanan warley truax raich cf alabama bates little rock cases purported discuss issues litigant might raise might raise proper party answer objection prematurely none cases cited constitutional issue decided record showed potential deterrence association litigant part unnamed uncounted number persons refugee committee case three organizations sued injunctive declaratory relief challenging inclusion attorney general list communist organizations alleged already suffered injury result listing contributors withdrawn support persons refused take part activities members resigned case came pleadings held allegations sufficient motion dismiss pierce society sisters supra private schools permitted attack state compulsory statute complaints alleged law students otherwise continued attendance schools withdrawn buchanan warley supra contract made performance refused state courts denied enforcement ground challenged ordinance truax raich supra alien employee sued enjoin enforcement statute requiring certain classes employers retain less eighty per cent citizens qualified electors raich employer arrested violation statute raich threatened immediate discharge terrace thompson landowners prospective tenant brought suit enjoin enforcement state statute forbidding aliens hold land providing land transferred aliens forfeit state complainants alleged prepared enter lease done statute present proceeding differs record show present members affiliates contributors party withdrawn threatened consequences registration subversive activities control act prospective members affiliates contributors deterred joining party giving support know many members prospective members party also employees prospective employees government defense facilities labor unions many contributors party hold government employment thus impossible say effect provisions act affecting members registered organization party cf new jersey sargent pass upon validity provisions make abstract assertions possible future injury indefinite nature degree occasion constitutional decision straying beyond judicial bounds course party may assert rights members anonymity allegedly infringed act filing registration statement otherwise asserted raising alabama supra bates little rock supra rights members potentially affected act receive use passports seek hold certain employment naturalized preserve citizenship naturalized category limit consideration constitutionality applied proceeding constitutional contentions raised party respect registration requirement requirement context act effect outlaws party nature bill attainder compelling organizations register list members showing merely operate primarily advance objectives world communist movement constitutes restraint freedom expression association violation first amendment requiring party officers file registration statements party subjects forbidden fifth amendment act violates due process legislative predetermination facts essential bring communist party within definition organization evidentiary elements prescribed consideration board bear rational relation definition several aspects act unconstitutionally vague subversive activities control board necessarily biased communist party deprive fair hearing outlawry attainder determination present proceeding questions premature regard constitutionality various particular consequences registration order registered organization members foreclose party arguing argue light cumulative effect consequences registration provisions seem represent legislative attempt devious means outlaw party registration requirement party contends designed purpose organizations register purpose make impossible register onerous consequences registration thus establish pretext criminal prosecution organization members act said aimed particularly communist party identifiable entity intending punish aspect constitute bill attainder prohibited art cl constitution course clearest proof suffice establish unconstitutionality statute ground flemming nestor proof offered act face gives indication registration provisions intended complied none consequences attach registration whatever may validity weighed separately constitutional balance devoid rational relation purposes act expressed second section appears mere pressuring device meant catch organization two fires section recites world communist movement whose purpose employ deceit secrecy infiltration sabotage means establish communist totalitarian dictatorship establishes utilizes action organizations act requires organizations register label communications prohibits members government certain employment section sets forth organizations sections communist movement international travel members agents facilitates purposes movement act restricts ingress access citizenship alien members organizations deprives members use passports section finds organizations purpose overthrow government available necessary means act forbids government employees support organizations withdraws organizations contributors certain tax exemptions none lacking consonance suggest clandestine purpose behind registration provisions legislative history contain suggestion rather committee reports bills act derived express object require communist movement operate open rather underground expose communist movement protect public innocent unwitting collaboration true party asserts bills introduced congress applied communist party name doubt also true form subversive activities control act finally took dictated part constitutional scruples outlawing party legislative fiat probable legislators voted act final form expected communist party continued engage activities reported congress characterizing past conduct required register party us conclude act instrument serving abolish communist party indirection analysis ignores duty respect exercise legislative power congress specifically ignores crucial constitutional significance congress rejected approach outlawing party name accepted instead statutory program regulating enumerated organizations designated activities indulging revisory power enactments come congress power framers constitution withheld interpreted congress refused fact congress treated act merely ruse congress evade constitutional safeguards congress deemed attempt achieve legislative purpose consistently constitutional safeguards whether done issue us determined manner enactment works practical application long congress acts pursuance constitutional power judiciary lacks authority intervene basis motives spurred exercise power barenblatt oklahoma ex rel phillips atkinson sonzinsky mccray true sole question us whether effects statute passed operates constitutionally permissible act bill attainder attaches specified organizations described activities organization may may engage singling individual legislatively prescribed punishment constitutes attainder whether individual called name described terms conduct past conduct operates designation particular persons see cummings missouri wall ex parte garland wall subversive activities control act kind requires registration organizations date act found direction domination control certain foreign powers operate primarily advance certain objectives finding must made full administrative hearing subject judicial review opens record reviewing determination whether administrative findings fact supported preponderance evidence present activity constitutes operative element statute attaches legal consequences merely point reference ascertainment particular persons ineluctably designated legislature fact activity engaged prior enactment legislation may regarded administratively judicially relevant determination organization presently presently works advance objectives world communist movement alter operative structure act incidents reaches nonetheless present incidents past pertinent probative proceeding board found appeals sustained conclusion communist party virtue activities engages comes within terms act party time choose abandon activities registered pursuant act provides adequate means relief often year may apply attorney general cancellation registration event refusal remove register relieve duty filing annual statements may petition board redetermination amenability registration requirements act pursuant hearing subject judicial review far attaching past ineradicable actions organization application registration section made turn upon continuingly contemporaneous fact obligations arise endure long organization presently conducts operations described character statute made act outlawry attainder fact conduct regulates described particularity probability organizations come within statutory terms legislatures may act curb behavior regard harmful public welfare whether conduct found engaged many persons one long incidence legislation persons engage regulated conduct many escape regulation merely altering course present activities complaint attainder ingenuous refuse recognize subversive activities control act designed reach communist party operations reported congress operations board found party persists base determination constitutionality design confuse occasion legislation operative effect consequently mistake decisive constitutional determinants doubt activity whose regulation act seeks achieve activity historically associated communist party legislative study communist party congress concluded kind activity potentially dangerous national interest must subjected control whatever source legislative experience instruction derived act applies class activity communist party nothing offends constitutional prohibition attainder freedoms expression association protected first amendment communist party us hold first amendment prohibits congress requiring registration filing information including membership lists organizations substantially dominated controlled foreign powers controlling world communist movement operate primarily advance objectives movement overthrow existing government means necessary establishment place communist totalitarian dictatorship find prohibition first amendment find make travesty amendment great ends democracy serves doubt governmental regulation requires registration condition upon exercise speech may circumstances affront constitutional guarantee free expression thomas collins case held state constitutionally punish contempt public speaker addressed meeting violation restraining order prohibiting soliciting memberships labor union without first registered paid labor organizer secured organizer card decision narrow one striking registration requirement applied particular circumstances case individual several times insisted come state one purpose one make speech question see also since speech sole incident thomas conduct upon state relied asserting organizer thus required register regarded statute application basing obligation register upon speech activity alone long involved exercise rights free speech free assembly said immune restriction present statute course attach registration requirement incident speech incidents foreign domination operation advance objectives world communist movement operation board found includes extensive organizational well speech activity thus thomas case applicable insofar establishes subjection registration requirements may sufficient restraint upon exercise liberties protected first amendment merit weighed constitutional balance similarly agree compulsory disclosure names organization members may certain instances infringe constitutionally protected rights association alabama bates little rock shelton tucker say much recognize one points reference analysis must begin state individual liberties may affected establish condition arrive conclusion constitutional decision impediments particular governmental regulation causes entire freedom individual action must weighed value public ends regulation may achieve schenck dennis american communications assn douds bates cases examined circumstances disclosure demanded concluded whatever interest state may obtaining names ordinary members shown sufficient overcome constitutional objections production order alabama case attorney general alabama brought equity suit enjoin association conducting activities within oust state grounds alabama registration statute attorney general sought state ordered production lists association members pertinent issues whether conducting intrastate business violation statute whether extent business justified permanent ouster state nothing association admitted presence conduct activities alabama almost forty years offered comply respects qualification statute said unable perceive disclosure names members substantial bearing upon issue presented alabama courts bates little rock supra involved conviction custodians records branches failure comply provisions local regulations required organizations operating within municipality file municipal official inter alia financial statements showing names contributors organizations regulations amendments ordinances levying license taxes persons engaging businesses occupations professions within municipal limits finding occupation taxes based nature activity enterprise conducted upon earnings income moreover showing branches engaged activity taxable ordinances ever regarded tax authorities subject taxation ordinances concluded record find relevant correlation power municipalities impose occupational license taxes compulsory disclosure publication membership lists local branches national association advancement colored people thus cases hold required making public organization membership lists bears rational relation interest asserted state justify disclosure community temper publication might prejudice members whose names revealed disclosure constitutionally compelled shelton tucker supra involve legislation means regulating appropriately defined class organizations whose activities menaced public welfare required organizations reveal members involved arkansas statute conversely incident state attempt control activities class individuals teachers public schools publicly supported institutions higher learning required individuals disclose associations belonged statute purported justification lay furtherance state effective selection teaching personnel subserve end attempted ask every one teachers disclose every single organization associated period finding many relationships possible bearing upon teacher occupational competence fitness hence statute comprehensive interference associational freedom goes far beyond might justified exercise state legitimate inquiry fitness competency teachers struck legislation ratio decidendi decision absence substantial connection breadth disclosure demanded purpose disclosure asserted serve present case differs thomas collins bates shelton magnitude public interests registration disclosure provisions designed protect pertinence registration disclosure bear protection interests congress expressed act interests view threatens basis detailed investigations congress found exists world communist movement whose purpose whatever means necessary establish communist totalitarian dictatorship countries throughout world already succeeded supplanting governments countries congress found furthering purpose foreign government controlling world communist movement establishes various countries action organizations dominated abroad endeavor bring overthrow existing governments force need establish totalitarian dictatorships subservient foreign government congress found action organizations employ methods infiltration secretive coercive tactics operating concealment organizations able obtain support persons extend support knowing true nature communist network exists agents communism devised methods sabotage espionage carried successful evasion existing law purpose subversive activities control act said prevent communist conspiracy accomplishing purpose country courts validity legislative findings reject see harisiades shaughnessy product extensive investigation committees congress decade half cf nebbia new york certainly dismiss unfounded irrational imaginings see galvan press american communications assn douds accept must unentertainable appraisal congress threat communist organizations pose existing government sovereign independent nation accept wholly unsupportable conclusion organizations free independent organizations sections communist organization controlled directed subject discipline communist dictatorship foreign country must recognize power congress regulate communist organizations nature extensive security foreign danger one primitive objects civil society james madison wrote federalist avowed essential object american union powers requisite attaining must effectually confided federal councils federalist wright ed see also federalist nos et seq means effective resistance foreign incursion whether form organizations function technical sense agents foreign power form organizations complete dedication obedience foreign directives make instruments foreign power may denied national legislature preserve independence give security foreign aggression encroachment highest duty every nation attain ends nearly considerations subordinated matters form aggression encroachment come chinese exclusion case see also perez brownell ex parte quirin hines davidowitz export mackenzie hare fong yue ting justice bradley concurring legal tender cases wall course congressional power sphere spheres limited first amendment individual liberties fundamental american institutions destroyed pretext preserving institutions even gravest external dangers problems accommodating exigencies values liberty complex intricate situation described findings subversive activities control act existing government menaced integrated movement employs every combination possible means peaceful violent domestic foreign overt clandestine destroy government legislative judgment threat may best met consistently safeguarding personal freedom set aside merely judgment judges first instance chosen methods especially congress seeking reconcile competing urgently demanding values within social institutions legislates prohibit individuals organizing effectuation ends found menacing existence institutions prescribe conditions organization permitted legislative determination must respected public workers mitchell american communications assn douds supra number situations secrecy concealment associations regarded threat public safety effective free functioning national institutions congress met threat requiring registration disclosure federal corrupt practices act enacted stat requires political committees organizations accepting contributions making expenditures influence election candidates designated national offices two branches national committees chairman treasurer makes duty treasurer keep detailed financial accounts file clerk house representatives periodic statements containing inter alia names addresses persons contributing committee year burroughs sustained statute claim congress lacked constitutional power regulate political organizations found ample authority congressional power preserve departments institutions general government impairment destruction whether threatened force corruption federal regulation lobbying act stat applies person solicits receives money anything value used principally person principal purpose influence passage defeat legislation congress requires person receiving contributions expending money purpose influencing passage defeat legislation file clerk house quarterly statements set name address person made contribution mentioned preceding report also requires person engages pay purpose attempting influence passage defeat legislation anything furtherance objective register clerk house secretary senate state writing inter alia name address name address person employed whose interest works paid lobbyists must file quarterly reports money received expended carrying work paid purposes names publications caused articles published proposed legislation employed support oppose information printed congressional record harriss held first amendment prohibit prosecution criminal informations charging violation registration reporting provisions act said legislative complexities individual members congress expected explore myriad pressures regularly subjected yet full realization american ideal government elected representatives depends small extent ability properly evaluate pressures otherwise voice people may easily drowned voice special interest groups seeking favored treatment masquerading proponents public weal evil lobbying act designed help prevent toward end congress sought prohibit pressures merely provided modicum information hire attempt influence legislation collect spend funds purpose wants know hired putting money much certainly burroughs harriss cases abundantly recognize secrecy associations organizations even among groups concerned exclusively political processes may circumstances constitute danger legislatures lack constitutional power curb new york ex rel bryant zimmerman held due process clause fourteenth amendment offended state statute requiring filing secretary state constitution rules regulations membership oath roster members list officers every association twenty members condition membership oath statute made unlawful become remain member association knowledge failed comply filing requirement exceptions labor unions benevolent orders indicated measure directed primarily ku klux klan compelling disclosure membership lists information organizations character klan found reasonable means providing government state knowledge activities organizations within borders requiring information supplied public files operate effective substantial deterrent violations public private right association might tempted disclosure required nature organization regulated hence danger involved covert operation justified statute caused us distinguish bryant case alabama supra bates little rock supra said showing danger inherent concealment showing state seeking disclosure attempting cope perceived danger kind danger arising secrecy made active instrument public harm put forth justify statute held invalid shelton tucker supra congress enacted subversive activities control act attempt cope precisely danger light legislative findings based voluminous evidence collected years investigation say danger chimerical registration requirement means dealing saying insensitive fact public opprobrium obloquy may attach individual listed attorney general member organization less considerable members national association advancement colored people threatened bates angry public opinion evils may spawn relevant considerations adjudging light totality relevant considerations validity legislation effecting disclosure may thereby entail restraints speech association existence ugly public temper without incapacitate government require publicity demanded rational interests high scale national concern mask anonymity organization members wear serves double purpose protecting popular prejudice enabling cover conspiracy infiltrate groups enlist support persons truth revealed lend support see distortion first amendment hold prohibits congress removing mask considerations lead us sustain registration provisions repugnant first amendment insofar require organizations file registration statement containing names addresses present officers members requirement persons officers members time year preceding registration must listed see reasonable means assuring obligation list present members officers evaded reasons require elaboration requirement registering organization list aliases officers members see must also sustained find requiring financial accounting requiring listing printing presses possession control organization members violates first amendment rights disclosure financial transactions organization identity organs publication controls might unreasonably regarded congress necessary objective act seeks achieve bring organizations open public evaluate activities informedly revealed background character nature connections course printing presses may regulated like guns generalization gets us nowhere concrete specific issue us hold obligation give information identifying presses without applied organizations fetter constitutionally protected free expression kind regulation involved penalties failure register see party attacks exorbitant oppressive us yet imposed party may never harriss wurzbach argued congress may constitutionally enact legislation requiring communist party register list members file financial statements identify printing presses congress may impose similar requirements upon group pursues unpopular political objectives expresses unpopular political ideology nothing decide remotely carries implication subversive activities control act applies organizations work primarily advance objectives world movement controlled government foreign country see applies organizations directed dominated controlled particular foreign country leader movement congress found origins development present practice revolutionary movement whose purpose treachery deceit infiltration groups espionage sabotage terrorism means deemed necessary establish communist totalitarian dictatorship countries throughout world medium communist organization full purported reach statute fullest effect attempt impose stifling obligations upon proponents particular political creed even check importation particular political ideas abroad propagation act compels registration organized groups made instruments systematic disciplined activity directed foreign power purposing overthrow existing government country organizations subject shown administrative hearing subject judicial review dominated foreign power organs operate primarily advance purposes portion evidence upon showing made may consist expression political views organization alter character act incidents attaches expressions relevant probative foreign control purposes organization actions directed board present proceeding understood act registration requirement face applied violate first amendment party officers section requires organizations determined organizations subversive activities control board register within thirty days board registration order becomes final registration accompanied registration statement prepared manner form attorney general regulations prescribes form pursuant authority attorney general prescribed requires registration statements shall signed partners officers directors including members governing body organization cfr dept justice form organization fails register file registration statement duty executive officer secretary president chairman treasurer members governing board council body register organization filing registration statement within ten days expiration registration period allowed organization see cfr issued pursuant act party contends requirements imposed exacted consistently clause fifth amendment officers party argued compelled act filing signed registration statement admit party officers admission held incriminating blau cf quinn required said merely production documents kept official capacity party see mcphaul white wilson individual action officers establishing connection officers documents effect convicts officers mouths cf curcio manifestly insofar contention directed provisions cfr requiring designated officers file registration statements default registration organization prematurely raised present proceeding duties imposed provisions arise unless party fails register time application wholly contingent conjectural cf alabama state federation labor mcadory find challenge implemented attorney general regulations forms also premature time privilege one normally must claimed individual seeks avail protection vajtauer commissioner immigration murdock rogers see also smith monia know party officers ever claim privilege indication past officials sought conceal identity reason believe future decline file registration statement whose whole effect regard evidence fact traditionally one public notice within thirty days board registration order becomes final party officers may file signed registration statements form required form may file statements claiming privilege lieu furnishing required information claim privilege made may may honored attorney general basis supposition privilege claimed honored proceed adjudicate constitutionality fifth amendment registration provisions whatever proceeding may taken privilege claimed provide adequate forum litigation issue party contends however subversive activities control act opportunity officers claim fifth amendment privilege without time giving protection fifth amendment secures persons come forward make claim said much reveal attorney general officers party fact filed registration statement always true one required assert privilege may thereby arouse suspicions prosecuting authorities nevertheless never law privilege disallows asking potentially incriminatory questions authorizes person asked evade without expressly asserting answers may tend incriminate state kemp cir knickerbocker steamboat groban ohio app aff ohio aff allhusen labouchere fisher owen ch see hiss cir commonwealth granito mass sullivan sustained conviction failure file income tax return despite defendant objection answers called return incriminated justice holmes unanimous wrote form return provided called answers defendant privileged making raised objection return account refuse make return defendant desired test point tested return passed upon draw conjurer circle around whole matter declaration write word upon government blank bring danger law course normal rule perhaps sullivan distinguishable however situation registration subversive activities control act tax returns must filed generally answers tax return questions may involve wide variety activities whereas obligation file registration statement compels particular individuals come forward identify suggest least connection relatively limited potential sphere criminal conduct sullivan justice holmes assumed least answers questions tax return incriminating whereas case registration statement claim privilege involve withholding information thus presumably greater governmental interest privilege claimed specifically form circumstances suggest possible distinctions recognize applicability sullivan principle may raise novel difficult questions reach fifth amendment questions discussed advance necessity deciding see peters hobby stage decision become necessary stage sullivan decided enforcement proceedings failure register instituted party officers see people mccormick cal app supp arguing issue premature party cites boyd proposition statute compelling production potentially incriminating information allows exercise fifth amendment privilege circumstances effectively nullify amendment protection statute may held unconstitutional void merely unenforceable cases proper claim privilege made assuming arguendo proposition correct drawn pertinence present case prosecution party failure register prosecution officers failure register party determine whether subversive activities control act statute like statute boyd unconstitutionally circumscribes effectual exercise privilege obviously determination never made enforcement proceeding never brought either party officials registered pursuant without complaint choose assert privilege form recognized boyd case involved statute providing proceedings criminal arising revenue laws government secure order requiring production opposing claimant defendant documents control government asserted might tend prove government allegations production made allegations taken confessed government motion district entered order requiring claimants forfeiture proceeding produce specified invoice although claimants objected order improper statute unconstitutional coercing disclosures permitting unreasonable searches seizures protest produce invoice constitutional objection admitted evidence held record judgment stand statute invalid repugnant fourth fifth amendments boyd production ordered objected held unconstitutionally compelled nothing case justifies advisory adjudication questions prior time demand information least made resisted legislative predetermination adjudicative fact next asserted act offends due process clause fifth amendment predetermining legislatively facts upon application registration provisions communist party depends two arguments made regard first although defining organization purports require findings organization controlled foreign government foreign organization controlling world communist movement referred section operates primarily advance objectives world communist movement referred section existence world communist movement direction government foreign country nature objectives found congress may litigated proceedings board thus organization precluded showing operative facts take world communist movement controlled foreign government objectives attributed second argument board effect foreclosed finding party organization declarations individuals knowingly willfully participate world communist movement communist network communist movement organization given facts asserted nothing left board supply name organization name party contends obvious pointed congress prior board final determination proceeding enacted communist control act stat et declares second section congress hereby finds declares communist party although purportedly political party fact instrumentality conspiracy overthrow government policies programs communist party secretly prescribed foreign leaders world communist movement ts role agency hostile foreign power renders existence clear present continuing danger security first held supra congressional findings exists world communist movement directed communist dictatorship foreign country certain designated objectives inter alia establishment communist totalitarian dictatorship throughout world medium communist organization open board find nothing violates due process act organization may found organization unless shown first substantially directed dominated controlled foreign government foreign organization controlling world communist movement referred section operative function respect designate congress meant world communist movement foreign government etc characteristics movement source control established attorney general proceedings board may disproved merely defining terms whose truth irrelevant issues proceedings referents identify foreign government adverts board construing statute concluded foreign government soviet union affirm construction statute defines organization terms substantial direction domination control soviet union government offered evidence show soviet union substantially directed dominated controlled communist party party opportunity rebut showing attempted board found government showing persuasive issued report concluding appeals affirmed none operative facts predetermined except sense statute construed designates nature facts pertinent issues may litigated future years future world situation soviet union longer foreign country fairly read context refer substantial domination soviet union bring organization within terms matter statutory construction findings statute foreclose board reviewing able say world communist movement congress meant term whether really existed movement characteristics described longer exists country soviet union directs similar process adjudication required ii objectives component definition organization provides order found organization organization must shown operate primarily advance objectives world communist movement referred section objectives made clear terms described detail whether fact objectives world communist movement fact exists may litigated question irrelevant whether particular organization attorney general files petition registration order operates primarily advance objectives pertinent issue statute issue may litigated due process requires decisions cited party tot mcfarland american sugar ref manley georgia western atlantic henderson see bailey alabama application cases involved statutes purporting attach legal consequences one set facts created rebuttable presumption existence set facts arose upon proof facts found rational relation facts upon statutory consequences turned subversive activities control act however define organization one operates primarily advance whatever objectives actually held world communist movement leaving objectives facts proved finds particular objectives set world communist movement requires registration certain organizations operate primarily advance objectives one one set facts issue ii whether particular organization operate primarily advance objectives legislation predetermines nothing second find congressional assertions exist individuals dedicated communism communist network communist movement communist organization deprive party fair hearing due process law requires fairly read findings neither compel suggest outcome particular litigation board create impression single organization still less communist party hold findings communist control act unconstitutionally prejudice party suggested enacted purpose influence proceedings present case rather portion legislation deemed necessary congress pursuant continuing duty protect national welfare nowhere extensive modified reports board opinions appeals legislative findings considered must course assume board aware say annunciation congress absence showing board took account foreclosed impaired fair administrative determination constitutional questions raised party carefully considered call detailed discussion must decline course enter discussion wisdom legislation constitution prohibit requirement communist party register attorney general organization pursuant judgment appeals affirmed footnotes added subversive activities control act communist control act stat provisions depriving labor organizations national labor relations act benefits apply labor organizations determined board well organizations secretary defense authorized directed designate proclaim list facilities respect operation finds security requires application controls prescribed act proviso respecting alien members communist fronts unless aliens establish knowledge reason believe time became members affiliated organization thereafter prior date upon organization registered required registered knowledge reason believe organization communist organization section subversive activities control act provided person shall naturalized january etc course proceedings board party instituted suit district enjoin continuation hearings alleged bias hearing panel senate failure adjournment confirm nomination one member board consequently withdrew panel second injunction suit dismissed motion board february doc sess section provides either party shall apply leave adduce additional evidence shall show satisfaction additional evidence material may order additional evidence taken board adduced upon proceeding manner upon terms conditions may seem proper board may modify findings facts reason additional evidence taken shall file modified new findings totally different situation presented ballard held litigant party respondent case previously certiorari lost right complain error selection jury failing argue error independent ground sustaining first decision appeals holding favor grounds reference also made cases exercised power control course litigation immediately power finds appropriate exercise avoidance premature constitutional adjudication rule petitioner urges permit saving possible later stage proceedings errors available raised review administrative action far enhancing ability give effect policy deferring unnecessary constitutional decision impede policy allow agencies lower courts remand consider potentially dispositive contentions brought attention might derailed issues decision turned reason demanding available issues raised orderly course administrative review proceedings made particularly evident circumstances case litigation already five years old first came unusually extensive hearings argument board exhaustive briefing argument appeals petition certiorari document pages plus appendices presented ten major questions innumerable subsidiary points yet matter gitlow memoranda argued looms large context extraordinarily lengthy complex proceeding raised raised highly experienced lawyers vigorously contended every step litigation remanded grounds five years passed board appeals twice reconsidered steadily growing record asked reverse ground party every opportunity bring abandoned ignore abandonment artificial abuse wise rule putting decisions constitutional scope avoidance decisions however compelling policy within limitations ordered judicial regularity countenanced grafting ad hoc exception onto generally applicable rule appellate procedure permitting particular litigants avail otherwise uncognizable points decision found similar circumstances authorizes disregard transpired ten years litigation allow petitioner make waste half resuscitating claim give starobin letter incident fbi satisfied gave fbi say definitely fbi question everything write say also many things question answer questions answers reduced writing matter fact know since mention give fbi writing writing taken stenographer stenographer never except rare cases report written shown afterwards never happens simply oral conversation incident yes recorded judge taken taken yes mean stenographer fbi agent taken agent right taken shorthand longhand longhand know reason recall counselor may say connection book everything book gone fbi either publication say gone mean information given party move original board hearing production certain reports particular government witnesses may comprehended among sought motion statements made witnesses testified attorney general administrative hearing relate subject matters testimony case gitlow memoranda question board denials motions raised petition certiorari thus waived note one motion adverted party brief time connection argument board erred relying testimony scarletto similar reference denial party motion production statements budenz concerning starobin letter mentions party brief motions production denied board plainly insufficient raise issue rules subd subd agree party excused necessity making appropriate motions board respecting documents wanted produced similar motions respect documents previously denied especially administrative proceedings length complexity important party bring particular requests explicitly attention agency reviewing courts committee report pertinent act sess described organizations directed substantially controlled directed foreign power among league nations war pact attitude toward world war ii german attack soviet union dissolution communist international west germany italian election north atlantic pact control atomic energy election yugoslavia nations security council cardinal mindszenty case nations action korea communist china intervention korea seating communist china nations peace treaty japan peace korea party points respect major portion paired sets exhibits put mosely documents demonstrating communist party position bear earlier dates demonstrating soviet union position exhibits offered illustrative views mosely testified expert opinion based far wider selection readings taken approximately contemporaneously soviet party instance government expressly disclaimed attempt establish chronological sequence announced positions two committee reports authoritative legislative history pertinent unilluminating connection significant occasion proposed house amendment deleted similar consideration found act pertaining organizations nixon leading proponent legislation several forms argued particular standard stricken virtually impossible many cases get sufficient evidence subversive activities control board justify finding organization communist front cong rec implication nixon presumably proponents enactment regarded evidentiary considerations expanding scope evidentiary matters board might take account determining whether organizations met definitions proposed amendment defeated debate course congressmen seemed tacitly assume involved question identity policies causal connection policies see article denounces japanese invasion manchuria clear unprovoked act aggression china opinion every person time universal opinion every informed observer greek monarchy reactionary fascist corrupt regime true virtually every commentator analysis italian elections expressed opinion widespread american intervention interference elections widespread interference part election intervention formosa violation cairo agreement formosa policy sending american troops beyond parallel korea prove disastrous militarily politically paid thousands lives concerning attorney general exhibit editorial petitioner exhibit article entitled wall street war korean people correct yes subtitle editorial article call attention page author say broad democratic reforms introduced north korea including universal sufferage sic secret ballot equal status women land distributed peasants industry nationalized hour day social insurance introduced child labor abolished system public education introduced correct statements fact question put number forms typical following opinion informed american observer basing views best interest american people reasonably sincerely conclude one malik proposal great service cause peace best interests american people well people world two representatives american government attempted frustrate malik proposal forced truce negotiations overwhelming desire people three american representatives provocative conduct various pretexts attempted cause breakdown armistice negotiations korea professor fact many commentators observers expressed view american proposals international control atomic energy designed make impossible soviet union accept american plan real chance adoption accurate state professor large broad measure agreement among people many leaders soviet union need prompt establishment second front europe fact professor federation american atomic scientists urged abandon proposal international ownership atomic raw materials bulletin published organization march one name appears connection six issues writers new york herald tribune connection seven president franklin roosevelt george bernard shaw three etc instances new york times new york herald tribune referred merely sources printed texts speeches statements statesmen officials included count expressly declined find purpose conceal foreign control example individual may subjected penalties party must failed register failed list member must subsequently failed within allotted time register evident prohibitions comprehensive pointed brief holding companies quite impossible holding companies continue business unregistered face prohibitions companies cease holding companies since made unlawful penalty distribution public offering utility securities unregistered holding companies mails instrumentalities interstate commerce sale securities companies reason believe securities distributed made subject public offering mails instrumentalities interstate commerce doubt reason regarded penalty failure register rather independent regulatory scheme unregistered holding companies see decree requiring holding companies comply effect decree compelling register section act authorized commission exempt provision provisions act certain described classes holding companies evident nature electric bond share developed litigation come within categories mention opinion decree without prejudice rights companies might law equity registration left companies free challenge validity provisions act present proceeding course board order operate foreclose communist party person adversely affected provisions subversive activities control act subsequently challenging appropriate proceedings act provisions requiring registration organizations see north american securities exchange see sess sess sess see also cong rec see also columbia broadcasting system truax corrigan sess see note supra see sess prohibiting party members filing candidates elective office sess making party membership unlawful sess requiring registration party members agents foreign principal sess disqualifying political parties affiliated communist party ballot sess requiring registration organizations defining including communist party sess sess sess see sess sess cf sess cong rec see sess committee gave serious consideration many proposals attempted meet problems outlawing communist party proponents approach differed desired wanted bar communist party ballot elections others made membership communist party illegal per se committee believes several compelling arguments outlawing approach grave constitutional questions involved attempting interfere rights declare parties individuals may qualify appearance ballot make membership specifically designated existing organization illegal per se run risk held unconstitutional grounds action legislative fiat among policy considerations militate type approach following illegalization party might drive communist movement underground whereas exposure activities primary need illegalization proved effective canada countries tried present communist party severs puppet strings manipulated abroad gives undercover methods reason denying privilege openly advocating beliefs way true political parties advocate politics well sports certain rules game must obeyed daggers order american playing field undercover methods foreign direction tolerated political field legislation constitute therefore fiat communist party made guilty offense reason enactment provisions act however communist party party existence formed operates way comes within definitions performs activities proscribed act legislation apply party changes characteristics objectives sought committee accomplished need consider decisions struck regulations requiring merely registration securing license issued either arbitrary discretion licensing officials application licensing standards broad uncertain permit arbitrary action officials prerequisite right speak staub baxley superior films department education gelling texas joseph burstyn wilson niemotko maryland kunz new york largent texas cantwell connecticut schneider state hague lovell griffin present statute licensing provision speech thomas also solicited one individual name join union declined decide whether solicitation apart speech might constitutionally made basis punishment contempt state order adjudging thomas contempt imposed single sentence solicitations therefore regarded statute application restraining punishing thomas uttering course address general well specific invitation clear reliance de jonge oregon among committee reports see following investigation communist propaganda sess investigation nazi propaganda sess investigation activities propaganda sess investigation propaganda activities sess investigation propaganda activities sess special report subversive activities aimed destroying representative form government sess source financial aid subversive propaganda sess investigation activities propaganda sess investigation activities propaganda sess communist party agent foreign power sess report communist party advocate overthrow government force violence comm print sess report committee activities house representatives eightieth congress comm print sess soviet espionage within government second report comm print sess strategy tactics world communism doc country studies doc sess annual report committee activities year sess report atomic espionage sess bibliography published committee hearings period see internal security manual doc sess see foreign agents registration act stat amended compare prohibiting publication distribution written statements concerning candidates designated national elective offices unless statements contain names persons associations responsible publication distribution case associations names officers stat amended prescribing withdrawal mailing privileges publications file postmaster general publish second issue publication printed filing statement setting forth names publication editors publishers managers owners owners corporations names stockholders security holders prohibiting printing publications enjoying privileges paid advertisements marked sustained first amendment challenge lewis publishing morgan communications act stat requiring case matter broadcast radio valuable consideration paid person announcement matter paid person sess sess one aspect constitutional attack new york statute bryant case liberty protected due process clause comprehended freedom form harmless associations engage associational activity added act july stat see sess sess sess sess cong rec fortiori reach time question validity act see note supra chief justice warren dissenting case refused pass upon constitutional issues raised parties instead remanded board possibility record tainted perjured testimony time said issue must met outset case must decided issue record calls without reaching constitutional problems communist party subversive activities control board also noted remand required fastidious regard honor administration justice requires make certain justice made manifest irrational perverse claims disregard asserted statements applicable even applicable today opinion record case presents four serious errors nature proper resolution avoid unnecessary constitutional adjudications also consistent requirements fair administration justice sure like brethren views constitutional questions raised case also recognize decision constitutional questions probably put end already protracted litigation however believe strongly felt convictions constitutional questions desire shorten course litigation justifies resolving constitutional questions presented long record makes manifest think existence questions upon phase proceedings adjudicated persuasively expounding reasons underlie steadfast reluctance decide constitutional questions prematurely ante pp concludes resolution constitutional issues raised parties left another day however surprising turnabout proceeds decide constitutional questions reaches questions first brushing aside basis procedural technicality strained analysis many important issues think action justified one government leading witnesses initial hearing board benjamin gitlow prior expulsion communist party gitlow high official party testimony board covered pages record board relied heavily upon testimony finding communist international controlled petitioner subsidized supervised foreign representatives country addition board relied upon gitlow testimony corroborate testimony government witness joseph kornfeder whose demeanor led board examine testimony caution gitlow turned fbi large quantity official documents relating party past history also prepared gave fbi memoranda explained interpreted documents direct examination original hearing board gitlow identified many original documents explained contents significance petitioner obviously hoping impeach gitlow damaging testimony moved production explanatory memoranda gitlow prepared petitioner motion denied board although first petition appeals review order board petitioner assigned board denial motion production error failed decide question presumably petitioner pressed point either brief oral argument communist party subversive activities control board app issue raised petition certiorari filed however remanded case petitioner moved board order production memoranda board denied motion review appeals held board ruling corrected petition review board order relying consolidated edison labor board said petitioner failure make motion appeals leave adduce additional evidence act time board initially refused order production memoranda constituted waiver objection second remand board appeals party seek memoranda produced pursuant act however appeals denied motion later explaining petitioner procedural misstep rectified nunc pro tunc communist party subversive activities control board app today refuses reach important evidentiary question adopting argument unanimously rejected appeals app holds petitioner may challenge board refusal order production gitlow memoranda failed raise question petition certiorari due respect must dissent holding extent transforms rule par rules procedure immutable rule abandonment unorthodox unwise position bear analysis undoubtedly true piecemeal appeals avoided claims preserved throughout litigation generally entertained subsequent perhaps terminal stage proceedings however general rule absolute dogma numerous occasions yielded subordinating policy considerations fact reports replete instances wherein decided issues never even mentioned petition certiorari see boynton virginia mackey neese southern alma motor axle marshall pletz erie tompkins one policy considerations always led forsake general rules waiver admonition pass questions constitutionality unless adjudication unavoidable spector motor service mclaughlin thus neese southern supra refused pass upon constitutional question tendered petition certiorari instead rested decision upon adjudication evidentiary question raised petition certiorari said need consider respondent contention jurisdictional question presented petition certiorari reversing ground follow traditional practice refusing decide constitutional questions record discloses grounds decision whether properly raised us parties emphasis added alma motor axle supra avoided difficult constitutional adjudication resting decision ground noted neither considered decided argued last term mackey supra effort avoid unnecessary constitutional decision remanded case district consideration issue raised either party sua sponte discovered lurking record action taken even though case lengthy history previous occasion see also boynton virginia supra thus order avoid adjudication constitutional questions past rested decisions issues raised petition certiorari certainly objection avoiding difficult constitutional decision case resolving issue decided appeals explicitly raised instant petition certiorari thoroughly briefed counsel sides since petitioner deemed waived gitlow question resolution question make unnecessary reach constitutional issues presented case next question must considered whether determination gitlow question merits require reversal judgment think indicated appeals relying consolidated edison case based decision ground petitioner waived objection made timely motion leave adduce additional evidence pursuant act however lower reliance upon consolidated edison misplaced case examiner labor board refused permit one parties proceeding offer testimony two witnesses scheduled appear instead invoking national labor relations act similar subversive activities control act seeking leave appeals adduce testimony two witnesses offering party objected examiner action petition board final order set aside appeals rejected claim recognized examiner action arbitrary nevertheless held party sole remedy situation make motion leave adduce additional testimony proffered witnesses failed pursue remedy party waived objection wisdom holding consolidated edison insofar waiver question concerned certainly subject criticism decision permit clearly arbitrary ruling examiner stand uncorrected also established cumbersome procedure whereby resort appeals required every time board excluded evidence offering party thought admitted surprising therefore courts appeals consistently sought ways avoid impact decision consolidated edison thus one appeals adopted fiction treating petition review including sub silentio application party leave adduce additional evidence mississippi valley structural steel labor board another occasion limited consolidated edison holding evidence going merits charge question regularity fairness hearing conducted board cupples company manufacturers labor board fact even appeals whose judgment reviewing applied consolidated edison rule great reluctance however necessary holding consolidated edison opinion holding applicable type situation presented case statute construed consolidated edison like act deals situation wherein party proceeding wishes introduce additional evidence acquired independently bolster case statute terms clearly apply situation party requests production documents sole purpose impeaching opponent witnesses party making request attempting adduce additional evidence merely seeking use documents possession adversary impeach testimony already adduced adversary thus interesting note cases found involving application consolidated edison principle one dealt production documents purposes impeachment fact recent decision involved situation properly ignored consolidated edison held petition enforce labor board order board failure require production possibly impeaching document required remand board action taken even though complaining party made motion appeals leave adduce additional evidence labor board adhesive products since appeals erred resting decision consolidated edison next becomes necessary consider government contention even board ordered production memoranda failure merely harmless error judgment error committed board anything harmless little doubt board ordered production gitlow memoranda jencks certainly possible petitioner armed memoranda may able impeach significantly testimony gitlow already indicated key witness government whose expulsion party undoubtedly made hostile toward petitioner contrary traditional scrupulous protection right potentially impeaching documents produced say board failure order production important witness prior memoranda merely harmless error see jencks supra campbell accordingly since appeals committed reversible error refusing remand case production gitlow memoranda think abandon reliance upon unorthodox procedural technicality remand case board production memoranda gitlow thereby consistently admonition avoid premature adjudication complex difficult constitutional issues ii another government major witnesses hearing board louis budenz opinion indicates budenz testimony filled pages record used board support many findings including crucial finding petitioner received financial aid soviet union petitioner disaffiliation communist international direct examination budenz made repeated references starobin letter conversation budenz admitted given reports fbi concerning matters government objection board erroneously denied petitioner motion production prior statements remanded case petitioner renewed motion government objection motion denied board appeals affirmed board action ground fbi seemingly possession statements made budenz concerning starobin weiner matters however response petition rehearing filed petitioner appeals government disclosed first time fbi possession disc recordings interview budenz discs contained statements pertinent starobin letter conversation accordingly appeals ordered government produce statements made budenz relating matters question board proceedings followed statements made budenz relating starobin letter weiner conversation excerpted recorded interview fbi memoranda later interviews extracts furnished petitioner based apparent inconsistency statements produced testimony given budenz board petitioner moved budenz recalled light produced documents turned however budenz severely ill stipulated parties unavailable examination petitioner moved budenz testimony stricken basis inconsistencies referred ground budenz unavailability made impossible petitioner demonstrate exactly unreliable budenz testimony board agreed strike budenz testimony starobin weiner matters refused strike portion testimony appeal appeals affirmed board rulings affirms lower holding saying great weight must given whose primary responsibility consider credibility witnesses however problem simple us believe distinction must drawn situations unavailability witness due fault neither party situations witness unavailability directly attributable conduct one parties rule applied cases succinctly stated professor wigmore witness death lasting illness intervened prevent voluntary act witness party offering postponement interruption brought immediately direct examination seems clear direct testimony must struck upon principle result follow illness temporary offering party might recalled witness end trial death illness prevents circumstances responsibility sort attributed either witness party seems harsh measure strike obtained direct examination principle requires strictness nothing less true solution avoid inflexible rule leave trial judge admit direct examination far loss shown instance material loss wigmore evidence ed record case convincingly demonstrates government directly responsible creating situation petitioner found finally obtained budenz prior statements make use government objections petitioner original motions production prompt board refuse production also prevented appeals rectifying board error representing budenz made statements fbi concerning starobin weiner matters late budenz called appeals apprised existence budenz prior statements mean imply government deliberately withheld vital information beyond time aided petitioner doubt government delay disclosing existence budenz prior statements made impossible petitioner make effective use statements since government voluntary acts caused curtailment budenz think appeals granted relief normal type situation ordering board strike budenz testimony lower error dismissed harmless reference already made importance budenz testimony government case moreover opinion demonstrates appeals admitted marked discrepancies budenz prior statements testimony board petitioner given budenz prior statements might pursued course thoroughly discredited budenz destroyed board apparent faith reliability however petitioner never able conduct examination record therefore clouded unlikely possibility much budenz testimony unreliable case regard elemental rules fair procedure requires budenz testimony stricken record cf communist party subversive activities control board mesarosh iii think appeals also erred interpretation application one crucial provisions act section defines organization one directed dominated foreign government foreign organization controlling world communist movement operates primarily advance objectives world communist movement referred section title stat unfortunately statute terms define objectives world communist movement alleged organization must found advance however set framework argument petitioner suggested objectives world communist movement contemplated act defined overthrow existing capitalist governments means necessary including force violence establishment communist totalitarian dictatorship subservient soviet union appeals tentatively accepted petitioner definition objectives concluded board findings demonstrate party operates advance suggested objectives regard first three objectives relied upon board finding party advocates overthrow government force violence necessary emphasis added petitioner contends light decisions dennis yates objectives component construed way organization deemed advancing first three cited objectives unless engages advocacy directed prompting forceful overthrow government distinguished advocacy abstract doctrine board find party engaged illegal advocacy instead found petitioner merely engaged advocacy force necessary tantamount advocacy forceful overthrow abstract doctrine absence finding unlawful advocacy part petitioner renders board order unsupportable judgment petitioner argument eminently correct yates supra made clear distinction drawn advocacy abstract doctrine advocacy directed promoting unlawful action went hold latter type advocacy prohibited consistently dictates first amendment attempt prohibit former type advocacy raise grave constitutional problems therefore concluded congress well aware distinction constitutional problems involved intended smith act apply advocacy aimed inciting action see also dennis supra reason assume congress adopted subversive activities control act less aware constitutional pitfalls involved attempting proscribe advocacy abstract doctrine passed smith act said yates construing congressional enactment assume congress chose disregard constitutional danger zone clearly marked therefore since construction urged petitioner make statute compatible prior decisions defining area prohibition permissible first amendment adopted hold board require group register organization unless first finds organization engaged advocacy aimed inciting action clearly board made finding case board merely found petitioner engaged advocating use force necessary however sort advocacy incites action formulation abstract doctrine indicated yates remote concrete action regarded kind indoctrination preparatory action condemned dennis brushes aside petitioner argument saying statute regulatory prohibitory yates dennis cases inapplicable however blinks reality say statute prohibitory little doubt registration provisions statute harsh sanctions automatically imposed order register issued make act prohibitory criminal statute therefore reasons stated think board order vacated case remanded board determine whether evidence supports finding petitioner engaging advocacy aimed inciting forceful overthrow government iv finally think appeals erred sustaining order board based part finding admitted lacked evidentiary support section act lists eight criteria board consider determining whether group organization seventh criteria extent purpose concealing foreign direction domination control expediting promoting objectives stat organization engages certain secret practices otherwise operates secret basis original report board concluded party engaged secret practices order achieve purposes recited act appeals first opinion held finding secret practices proper government evidence failed demonstrate purposes practices pursued recognizing deficiency government evidence nevertheless affirmed board order two modified reports issued board first second remands eliminated original finding one purposes secret practices concealment foreign control however though additional evidence taken regarding secret practices even though appeals already expressed view board purpose findings unsupported evidence two modified reports reiterated finding secret practices engaged promote objectives communist party third opinion appeals adhered ruling board finding unsupported evidence nevertheless affirmed order holding finding merely subsidiary one whole record supported board conclusion petitioner met definition organization contained adopts lower reasoning holds since unsupported finding merely subsidiary necessary remand case ascertain whether board reach ultimate conclusion absence unsupported finding submit action square either facts appear record prior decisions unrealistic characterize board secrecy finding insignificant subsidiary directly relates one eight enumerated criteria listed board devoted pages modified report also one standards concerning substantial amount evidence conduct part party view circumstances view fact board found necessary reassert finding even though knew appeals considered finding unsupported evidence said finding unimportant surely finding unimportant board conclusion appeals seem think board abandoned finding altogether rather retain risk another remand either appeals factors seem indicate finding trivial contrary crucial board ultimate conclusion case appeals conclude board reached conclusion without relying upon unsupported finding congress placed responsibility making determination board courts said securities exchange chenery order valid determination policy judgment agency alone authorized make made judicial judgment made service administrative judgment agency action must measured might done see also labor board virginia elec power therefore board order clouded fact rests upon finding admittedly unsupported evidence think strike secrecy finding remand case board reconsideration view today strays path prior decisions reaching decide constitutional issues prematurely remand one four errors discussed think warrants remand resolution difficult constitutional issues presented case certainly postponed perhaps made totally unnecessary gitlow based memoranda discredited testimony budenz testimony stricken board required find petitioner actually engaged advocacy aimed inciting action secrecy finding stricken government case might weakened impossible board conclude basis present record petitioner organization term used statute moreover remand basis errors disposition consistent fastidious regard honor administration justice found compelling think unwise brush aside nonconstitutional errors disclosed record however since insists upon feel constrained express views dispositive constitutional issue confronts us virtue holding questions agree justice brennan entered area constitutional adjudication must decide whether act violates fifth amendment privilege requiring petitioner officers submit registration statement behalf petitioner reasons set forth opinion join believe act constitute violation fifth amendment remand board expunged entire testimony alleged perjurers crouch matusow johnson although board concluded appeals agreed remaining evidence sufficient support order compelling petitioner register doubt government case weakened deletion testimony three important witnesses therefore basis already abbreviated record errors alleged petitioner must considered relevant portion reads follows either party shall apply leave adduce additional evidence shall show satisfaction additional evidence material may order additional evidence taken board adduced upon proceeding manner upon terms conditions may seem proper board may modify findings facts reason additional evidence taken shall file modified new findings supported preponderance evidence shall conclusive recommendations respect action matter consideration stat rule par provides petition writ certiorari shall contain questions presented review expressed terms circumstances case without unnecessary detail statement question presented deemed include every subsidiary question fairly comprised therein questions set forth petition fairly comprised therein considered emphasis added view justified concern lengthy history litigation noteworthy think many cases referred also involved protracted litigations lengthened even refusal adjudicate constitutional issues argued parties however said alma motor case equally applicable agree much time wasted earlier failure parties indicate circuit appeals see course followed however reason continue wrong course principle avoiding constitutional questions one conceived considerations sound judicial administration traditional policy courts discussing different ways courts attempted avoid applying consolidated edison rule appeals said much force various suggestions perhaps misconstrue opinion bound opinion read app see labor board mills pittsburgh plate glass labor board bottling louis labor board labor board fairchild engine airplane labor board national laundry app california lumbermen council federal trade swift labor board wilson labor board even followed conception consolidated edison rule consistently thus april case remanded board ordered government produce prior statements made witness budenz even though petitioner made motion pursuant leave adduce additional evidence board initially denied motion production budenz statements difficult understand follow procedure regard gitlow memoranda especially view fact petitioner make motion production pursuant second time case remanded board since case remanded event refusal grant motion seems unreasonable conclusion resulted government representation budenz made statements fbi concerning starobin weiner matters however view following extract record seem pressed inquiry prior appearance activities committee tell fbi starobin letter recall recall spent hours fbi said went yes fbi asked great number questions answered questions manuilsky business starobin letter may told counselor say recall thing may complete question please yes starobin letter manuilsky incident supposed quite important setup got communist party say recall whether gave fbi recall time fbi asked great number questions undoubtedly book must given fbi point matter fbi particularly period matter fact general practice asked questions rush volunteer lot information rule regard important incident oh sure important matter fact described book story quote language sensational san francisco conference describe think correct emphasis added connection noted three additional places report board found necessary explain seeming inconsistencies budenz testimony petitioner discredited budenz testimony basis prior statements possible board resolved discrepancies budenz government expansive lengths occasion gone construing statute manner designed avoid constitutional challenges demonstrated decision scales decided day post certainly interpretation act suggested petitioner require far less legislative redrafting undertook accomplish scales point observed vast bulk evidence introduced government hearing board related party activities prior disaffiliation communist international order link stale evidence party current activities act concerned board indulged presumption continuity whereby reasoned since party soviet control prior since party still adheres principles soviet communism must presumed party still controlled soviet union validity presumption certainly dubious however board permitted rely upon presumption least party entitled record free serious procedural errors findings upon board rests order supported evidence agree theory justice douglas errors herein discussed less important mere possibility perjury clouded record prompted remand case board time know gitlow based prior memoranda full budenz based prior statements fbi testimony inconsistent therewith might disclosed possibilities perjury agree suggestion since congress communist control act branded communist party instrumentality conspiracy overthrow government stat board hearings findings merely superfluous errors committed board appeals therefore unimportant first place theory dissuade remanding board defects record moreover nothing language legislative history communist control act indicate congress intended repeal provisions subversive activities control act carefully delineate board functions describe procedural mechanism board apply act justice black dissenting believe often repeated freedoms speech press petition assembly guaranteed first amendment must accorded ideas hate sooner later denied ideas cherish first banning association advocates hated ideas whether association called political party marks fateful moment history free country moment seems arrived country subversive activities control act involved defines communist action organizations requires register attorney general giving much information every kind regard property income activities members communist party ordered register act subversive activities control board challenged validity order ground among others act unconstitutional amounts complete outlawry communist party contention act considered whole relation existing laws affect members party imposes overhanging threats disgrace humiliation fines forfeitures lengthy imprisonments upon registered organizations members burdens become effective automatically upon registration impossible party continue function registration order upheld opinion devoted chiefly task explaining decide substantial issues raised attack upon constitutionality act actually written actually operate must decide case though none burdens existed dealing act required nothing registration organization agree decide case hypothetical basis registration issue case agree congress power require every person acting agent foreign principal file registration statements comprehensively showing agency activities required example foreign agents registration act act requires registration person including individual partnership association corporation organization combination individuals acts agrees act within counsel publicity agent employee servant agent representative attorney foreign principal referring act said viereck resting fundamental constitutional principle people adequately informed may trusted distinguish true false bill intended label information foreign origin hearers readers may deceived belief information comes disinterested source legislation implements rather detracts prized freedoms guaranteed first amendment difference subversive activities control act foreign agents registration act strikingly illustrated reasons congress given enactment statute us viereck registered earlier genuine registration statute thereby branded engaged evil despicable undertaking bent destroying nation precisely effect present act registration organization subversive activities control act means according express provisions act party members register control foreign dictatorship devised clever ruthless espionage sabotage tactics part revolutionary movement whose purpose treachery deceit infiltration terrorism means deemed necessary establish communist totalitarian dictatorship countries throughout world registrant organization declared finding congress organization numbering thousands adherents rigidly ruthlessly disciplined merely awaiting chance overthrow government force members organization declared act repudiate allegiance effect transfer red allegiance foreign country vested direction control world communist movement difference standing alone sufficient establish essential dissimilarity subversive activities control act genuine registration statutes foreign agents registration act need government provide means people obtain useful information basis every genuine registration statute certainly accomplished without resort official legislative pronouncements treasonable nature compelled register difference stand alone case subversive activities control act indeed many differences much greater magnitude recitals act branding register pale almost insignificance plan act make impossible organization continue function registration order issued end act first provides crushing penalties insure complete compliance disclosure requirements registration thus party members fail register within time required act fail make annual reports required keep records required individual guilty failure punished fine imprisonment five years offense offense means day failure register listing name address one individual either organization individual thus delay thirty days filing required reports fine imprisonment years imposed trial judge thus made mandatory communist organizations individual communists make full disclosure identities activities act proceeds heap burden burden upon exposed certain tax deductions allowed others denied registered organization mail matter must stamped organization sends show disseminated communist action organization treasonable connotations given term recitals fact act members registered organization hold certain jobs government jobs private businesses engaged certain work government members use attempt use passport even make application passport without subject penalty five years penitentiary act thus makes extremely difficult member communist party live country time makes crime try get passport get addition burdens imposed directly act registration requirement must also considered context laws existing affect communist party act requires information obtained upon registration given wide publicity thus insuring identified members party subjected civil disabilities criminal prosecutions public harrassments become common recent years agree justice douglas aspect act alone sufficient establish invalidity provision fifth amendment think interrelationship present act laws goes deeper think interrelationship establishes conclusively present act upheld mere registration statute information elicited act must considered viereck case aid exercise individual judgment people rather part pattern suppression government certainly inevitable effect system requires registration one hand imposes pains penalties upon registering enormous burdens necessarily imposed upon party members act registration dismissed basis alleged conflict rule constitutional questions avoided whenever possible thus engages extended discussions whether people involved ever want things act says whether ever object things act says must suggesting among things members communist party may never object providing evidence needed send prison violating smith act may never protest forced give tax deductions people receive may willing stamp party mail coming evil organization may never want hold jobs act disqualifies may never want get passport get country basis uncertainties seems consider hands tied says yet potential impairments constitutional rights view justiciable issue communist party except bare requirement registration context case find justification refusal pass upon serious constitutional questions raised appeals met responsibility deciding questions government asked refrain giving full decision important matters assuming act wholly valid aside registration congress power outlaw groups advocating dangerous ideas seems unfair congress refuse decide whether act fully enforced assuming act wholly valid limitation upon power seems say refusing effect allows serious question decided default party continue function tremendous burdens undetermined constitutional validity overhanging members burdens considered upheld sense avoided constitutional issue permitting destruction group seeking raise issue constitutionality destruction whole act pains penalties embarks country first time dangerous adventure outlawing groups preach doctrines nearly americans detest practice outlawing parties various public groups begins one say end countries practice begun ends government something tragic irony fact act expressly designed protect nation becoming totalitarian dictatorship single political party adopted achieve laudable purpose policy outlawing party policy indispensable totalitarian dictatorships think meet decide whole question administration sound judicial policy carries responsibilities congress american people judgment act consideration unconstitutional least three grounds addition direct conflict provisions fifth amendment first instance classical bill attainder constitution two places prohibits legislative act inflicts pains penalties punishments number ways without judicial trial legislative communist activities despite constitutional command trial facts jury accepts facts supply practically proof needed bring communist party within proscriptions act act points unerringly members party guilty people must penalized act provides time legislative fall little short adequate justify finding guilt person identified however faintly informer ever member communist party whatever lacking legislative later supplied administrative agency manned independent judges observe constitutional right trial jury trial safeguards unequivocally commanded bill rights yet agency made findings conclusions neither findings fact findings fact legislative body subsequently challenged individual may later brought charge failed register required act board act thus legislative bill attainder also violates due process shortcutting practically bill rights leaving hope anyone entangled web except proved case one truncated judicial reviews history afford think also outlawry communist party imprisonment members violate first amendment question amendment whether congress power outlaw association group party either ground advocates policy violent overthrow existing government time distant future ground ideologically subservient foreign country judgment neither factors justifies invasion rights protected first amendment talk desirability revolution long honorable history parts world also country kind talk like used wrong time wrong purpose system government remedy danger must remedy applied danger comes erroneous talk education contrary argument remedy sufficient meaning free speech must revolutionary ideas allowed prevail conclusion affected fact advocating policy revolution sympathy foreign government one thing certain first amendment amendment designed guarantee freest interchange ideas public matters course means interchange ideas however ideas may viewed countries whatever change existing structure government may hoped ideas bring country trying spread high ideals democracy world ideals revolutionary many countries seems particularly inappropriate time stifle first amendment freedoms country arguments used justify outlawry communist ideas used justify outlawry ideas democracy countries freedom advocate ideas public matters associations nature political parties societies contemplated protected first amendment existence groups centuries necessary part effective promulgation beliefs governmental policies destruction groups always one first steps totalitarian governments take within recent months learned practices countries weeks ago executive edict outlawing parties groups associations way rotary clubs issued country government largely hands single man indeed ancestors unfamiliar practice men women belonging dissenting religious political social groups england colonization country sometimes imprisoned mutilated degraded humiliating pillories exiled even killed views typical example type legislation sort persecution carried provided statute enacted destroy dissenting religious sects force people england become regular attendants established church basic premise upon commands rested unlike upon act proceeds better discovering avoiding traiterous dangerous conspiracies attempts daily devised practised gracious sovereign lady queen majesty happy estate common weal sundry wicked seditious persons terming catholicks indeed spies intelligencers majesty foreign enemies also rebellious traiterous subjects born within highness realms dominions hiding detestable devilish purposes false pretext religion conscience secretly wander shift place place within realm corrupt seduce majesty subjects stir sedition rebellion statute also peculiar relevance consideration subversive activities control act used disclosure lever secure effective enforcement provisions thus one section statute provided enacted ordained authority aforesaid person shall suspected jesuit seminary massing priest examined person lawful authority behalf examine person shall suspected shall refuse answer directly truly whether jesuit seminary massing priest aforesaid every person refusing answer shall disobedience contempt behalf committed prison shall examine aforesaid thereupon shall remain continue prison without bail mainprise shall make direct true answer said questions whereupon shall examined emphasis supplied many statutes kind passed england revolutionary war means aimed catholics indeed times catholics power almost identical repressive measures adopted attempt curb rise protestantism persecution puritans england dramatized famous writers time story hope familiar americans matter history one laws achieved purpose many men died suffered driven country sense might said country profited laws largely founded refugees english oppression england gained little profit policies repression outlawed groups destroyed many people thought repressive measures effective bring revolutions stop may denied tranquil period english history internal standpoint period since england abandoned practices trying inculcate belief oaths force even american revolution england continued pass statutes outlawing groups punishing members one particular interest many similarities act involved case passed title act effectual suppression societies established seditious treasonable purposes better preventing treasonable seditious practices premise upon act passed also similar used traitorous conspiracy long carried conjunction persons time time exercising powers government france overturn laws constitution government every existing establishment civil ecclesiastical great britain ireland act broadly provided suppression prohibition unlawful combinations confederacies societies particularly societies englishmen scotsmen britons irishmen london corresponding society english act like subversive activities control act comprehensively provided fines forfeitures penalties imprisonments went outlaw places debates take place lectures given books gathered read unless restrictive standards licenses granted justices peace great emphasis laid upon fact unlicensed gatherings treated nuisances disorderly houses following course repressive measures always must indeed precisely course followed government respect communist party english act placed printing presses type everything else useful publishing discussion public matters strict regulations parliamentary debates underlying enactment english statute indicate plainly close parallel act consideration chief fear english rulers brought act people england seduced away loyalty government societies left free discuss public matters common people left free read hear arguments william pitt younger offering bill provided basis act expressed fear debating societies manifestations liberty press speech might call attention lower orders people objects discussion mischievous tendency objects calculated understandings others liable attended dreadful effects thought dreadful effects averted large part making individual authors sign everything wrote went urge order make measure effectual prevent press becoming engine corruption innovation hands factions ready circulate cheap publications adapted inflame pervert public mind necessary keep general register presses used printers possession private persons pitt explained necessary order render effectual act passed previous session parliament entitled act empower majesty secure detain persons majesty shall suspect conspiring person government debates english statute also show true nature revolutionary principles advocated various societies named used justify outlawry principles chiefly parliamentary reform providing annual sessions parliament universal suffrage fair parliamentary representation repeal right king veto measures passed parliament course true congress power outlaw political parties advocating measures country wonder ever reach question view holding today holds truly bound legislative findings nature political parties involvement foreign powers strike statute described statute purported establish matter fact named societies part traitorous conspiracy acting conjunction persons time time exercising powers government france time england going era terror jacobins heated political struggle involving many issues going country two chief political parties one parties federalists wanted outlaw party jefferson ground jacobins therefore threat security jeffersonians quite naturally opposed outlawry fact opposed measure restrict freedoms speech press petition assembly difference two parties expressed jefferson way political parties least honest part agree conscientiously object public good one fears ignorance people selfishness rulers independent right time experience prove conflict ideals policies temporarily resolved favor federalists result infamous era alien sedition acts laws passed vigorous jeffersonian opposition declared necessary order protect security nation give president broadest powers aliens make substantial inroads upon freedoms speech press assembly enforcement statutes particularly sedition act constitutes one greatest blots country record freedom publishers sent jail writing views publishing views others slightest criticism government policies government officials enough cause biased federal prosecutors put machinery government work crush imprison critic rumors filled air pointed finger suspicion good men bad men alike sometimes causing social ostracism people loved free country deathless devotion members jeffersonian party picked special targets illustrious examples happen people failed sing paeans praise current federal officials policies matthew lyon congressman jeffersonian party prosecuted convicted forced serve prison sentence disreputable jailhouse criticisms made governmental officials activities particularly egregious example repressive nature sedition act lyon conviction possibly upheld even niggardly interpretation first amendment lyon one many go jail fined otherwise made suffer expression public views carpenters preachers lawyers many others furnished grist prosecutor biased political activities administration justice unfortunately federal courts emerge fever hysteria kind reputations shed lustre business judging although founders provided federal judges appointed life thus intending give independence necessary higher responsibility federal judges even including members highest courts presided grand juries trials way sad recalled even late date governmental activities set designed suppress freedom american citizens think views speak thoughts read selections even occurred sedition act things happened despite fact promoters legislation unable make strong philosophical political brethren england made act complete suppression kinds societies even comparatively less repressive law enforcement much infringement upon personal liberty stand test public opinion among plain sturdy pioneers america next election following enactment jefferson elected president platform contained principal plank promise abandon sedition act policy repression behind members congress senate elected help carry pledge pledge carried order try make amends suffered obnoxious law congress busy many years indemnifying prosecuted provisions even descendants superior judgment people legislators passed act first place graphically illustrated matthew lyon sent jail refusing refrain criticizing federalist officeholders triumphantly people vermont still jail regret exceedingly regret feel impelled recount history federalist sedition act truth must pointed law since almost universally condemned unconstitutional go far suppressing first amendment freedoms americans smith act subversive activities control act fervor eloquence emotionalism prejudice parades horrors letting people hear arguments sufficient persuade members congress pass law directly unequivocally outlaw party jefferson law undoubtedly aimed arguments made jacobins meaning jeffersonians regard alleged subservience france made today communists regard subservience russia even language charges hurled substantially used charges made today jacobins trained officered regimented formed subordination manner militia never yet equalled certain future event jeffersonians take arms laws soon dare charges echoed fears expressed time time congressional debate alien sedition acts fears voiced today justification curtailing liberties people america thus subversive activities control act consideration says communist movement organization numbering thousands adherents rigidly ruthlessly disciplined awaiting moment overthrow government force violence may seem possible achievement excuse repression course distinctively american creation excuse used english act described thus charles abbot member parliament urged one justifications outlawing societies named act malignancy character distinguishable restless spirit infuses lowest orders people encouraging take arms teaching great powerful partisans leaders secretly prepared seize favorable moment showing openly head hope impunity truth statutory outlawry communist party novel considered perspective history quite contrary represents nothing adoption country part least one two conflicting views emerged widespread dispute among political philosophers kind government best serve welfare people view governments almost unlimited powers view governmental power strictly limited smith act subversive activities control act based upon view officials government power suppress crush force critics criticisms governmental officials policies contrary view congress necessarily rejected passing laws current public officials never granted power use governmental force keep people hearing speaking publishing criticisms government assembling together petition government make changes governmental policies however basic majority may deem policies belief constitution bill rights expressly intended make government one strictly limited powers founders intimately familiar restrictions upon liberty inevitably flow government unlimited powers large found experience painful one many descended families left england come country order escape laws send jail penalize various ways criticizing laws policies thought bore heavily unfairly upon others personally felt brunt repressive measures revolutionary war people opportunity set government liking end finally settled upon constitution clearly adopted policy limiting powers federal government even people country completely satisfied demanded precise unequivocal limitations upon powers government obtained bill rights central provisions first amendment guarantees complete religious political freedom face provisions first amendment however today upholds laws ignore wisdom founders decision set limited government adopt policy force crush views public matters entertained small minority country marks major break wall designed first amendment keep country free leaving people free talk kind change basic governmental policies desire talk see possible way escape fateful consequences return era governmental critics face probability sent jail except abandon consider dangerous constitutional doctrine balancing present adhering doctrine new one fact history shows excuse practically every repressive measure government ever seen fit adopt pitt proved master concept language balancing speech urging passage laws muzzle press england order prevent dissemination revolutionary ideas england parliamentary reform highly prize sacred liberty press consider instrumental bringing constitution envied perfection possesses yet must also admitted abused fatal consequences ever resulted great principle constitution liberty press flourish also clear nature principle security press author publisher every work amenable laws country certainly shortage balancers congress alien sedition acts passed realize laws aimed communist party one need console however policy using governmental force crush dissident groups upon based stopped point weakening constitutional safeguards order suppress one obnoxious group technique easily available suppression obnoxious groups expect abandonment next generally hated group appears eleven years ago upheld governmental penalty directed communists ground relative handful affected penalty involved case today upholds statutes think totally outlaw party claiming nonetheless othing decide remotely carries implication congress may impose similar requirements upon group pursues unpopular political objectives expresses unpopular political ideology much afraid see day implication denies found ready admit strong arguments made saying governments general power suppress freedoms speech press petition assembly arguments particularly strong countries existing government represent people history shows people way willing bear oppressive grievances without protest protests bottomed upon facts lead almost inevitably irresistible popular demand either redress grievances change government plain governments world today desperately need suppress protests probably survive week even day deprived power use informers intimidate jails imprison firing squads shoot critics countries kind repressive measures like smith act subversive activities control act absolutely necessary protect ruling tyrants spread information misdeeds democracy like laws unnecessary also constitute baseless insult patriotism people believe framers first amendment internal security nation like made depend upon use force government make beliefs opinions people fit common mold single subject enforced conformity thought tend deprive people bold spirit adventure progress brought nation present greatness creation public opinion groups organizations societies clubs parties necessary part democratic society groups like sons liberty american corresponding societies played large part creating sentiment country led people colonies want nation father constitution james madison said speaking sedition act aimed crushing jeffersonian party law effect period revolution might well continued miserable colonies groaning foreign yoke judgment country internal security better served depending upon affection people attempting instill fear dread power government communist party never small group country numbers dwindling even government began campaign destroy party force law vast majority american people party policies overwhelmingly rejected candidates year year true american way securing nation dangerous ideas course way protect nation actions violence treason founders drew distinction constitution wise follow gave government fullest power prosecute overt actions violation valid laws withheld power punish people nothing advocacy views compelled say closing fear arguments urgings communists sympathizers use trying convert americans ideology wholly foreign habits instincts far less dangerous security nation laws embark us upon policy repression outlawry minority parties advocate radical changes structure government widespread program punishing ideas ground might impair internal security nation sadly fails protect security also diverts energies thoughts many far important problems face us nation troubled world reverse case leave communists free advocate beliefs proletarian dictatorship publicly openly among people country full confidence people remain loyal democratic government truly dedicated freedom justice kind government us still think last best hope earth stat amended stat amended dissenting opinion scales post direction control world communist movement vested exercised communist dictatorship foreign country agents communism devised clever ruthless espionage sabotage tactics carried many instances form manner successfully evasive existing law exists world communist movement origins development present practice revolutionary movement whose purpose treachery deceit infiltration groups governmental otherwise espionage sabotage terrorism means deemed necessary establish communist totalitarian dictatorship countries throughout world medium communist organization communist movement organization numbering thousands adherents rigidly ruthlessly disciplined awaiting seeking advance moment may far extended foreign engagements far divided counsel far industrial financial straits overthrow government force violence may seem possible achievement seeks converts far wide extensive system schooling indoctrination individuals knowingly willfully participate world communist movement participate effect repudiate allegiance effect transfer allegiance foreign country vested direction control world communist movement seems little doubt registered member communist party find almost impossible get retain employment country see american communications assn douds barsky board regents lerner casey beilan board education nelson county los angeles konigsberg state bar california anastaplo cf shelton tucker see dennis yates scales post noto post see watkins sweezy new hampshire barenblatt uphaus wyman uphaus wyman wilkinson braden regard think present case identical ex parte young reached decided constitutional question tendered saying may therefore said penalties disobedience fines enormous imprisonment severe intimidate company officers resorting courts test validity legislation result law terms prohibited company seeking judicial construction laws deeply affect rights cummings missouri wall see lovett provides yet another difference act consideration act prosecution involved viereck case brought viereck convicted failed register report foreign agent entitled facts upon guilt depended determined jury indictment returned grand jury course judicial proceeding accorded protection forms procedures designed years protect defendants charged commission criminal offense cf whitney california among free men deterrents ordinarily applied prevent crime education punishment violations law abridgment rights free speech assembly brandeis concurring cf gitlow new york long run beliefs expressed proletarian dictatorship destined accepted dominant forces community meaning free speech given chance way holmes dissenting elizabeth cc ii entitled act retain queen majesty subjects due obedience act restraining popish recusants certain places abode brief history statutes set dissenting opinion american communications assn douds notes several examples persecution inflicted upon protestants catholics set appendix concurring opinion joint refugee comm mcgrath see bunyan pilgrims progress milton areopagitica george iii section act requires listing form detail attorney general shall regulation prescribe printing presses machines including limited rotary presses flatbed cylinder presses platen presses lithographs offsets mimeograph machines multigraph machines multilith machines duplicating machines ditto machines linotype machines intertype machines monotype machines types printing presses typesetting machines mechanical devices used intended used capable used produce publish printed matter material possession custody ownership control organization officers members affiliates associates group groups organization officers members interest parliamentary debates hansard series ibid memoir jefferson alien sedition acts comprised three different statutes enacted stat stat stat graphic discussion period alien sedition acts see bowers jefferson hamilton xvi hysterics xvii reign terror much sort misdirected persecution doubtless due attitude public statements influential federalist secretary state timothy pickering see miller crisis freedom pickering followers held since honest men valued national welfare cavil sedition act presumed criticized better jacobin laid sound principle man heard inveigh law set man submit restraint calculated peace society deserves suspected thus jacobin sympathizers known attitude toward sedition act critical skeptical frame mind prima facie evidence guilt secretary state looked darkly upon troublemakers complain legal provisions punishing intentional defamation lies bridling liberty speech press said may equal propriety complain laws made punishing assault murder restraints upon freedom men actions atmosphere small wonder miller observes became impossible federalists distinguish genuine american democrat french jacobin bent upon overturning religion morality state indictment lyon alleged two counts libel president adams first count alleged lyon made published following statement executive shall see effects power bent promotion comfort happiness accommodation people executive shall zealous uniform support whenever shall part executive see every consideration public welfare swallowed continual grasp power unbounded thirst ridiculous pomp foolish adulation selfish avarice shall behold men real merit daily turned office cause independency sentiment shall see men firmness merit years abilities experience discarded applications office fear possess independence men meanness preferred ease take advocate opinions consequence know little shall see sacred name religion employed state engine make mankind hate persecute shall humble advocate second count indictment alleged lyon caused publication following letter person france misunderstanding two governments become extremely alarming confidence completely destroyed mistrusts jealousies disposition wrong attribution motives apparent require utmost caution every word action come executive mean object avoid hostilities truth understood recall monroe coming second coming pinckney guided pens wrote bullying speech president stupid answer senate opening congress november last probably occasion address letter found borrowing language edmund burke telling world although succeed treating french dependence placed engagements religion morality end turned pirates plunderers necessary perpetually armed though peace wondered answer houses order send instead senate echoed speech servility ever george third experienced either house parliament cong globe sess part played federal judges creation atmosphere hysteria characterized period discussed bowers jefferson hamilton see also miller crisis freedom significance issue political freedom election shown fact jefferson devoted large part inaugural address subject time gave new emphasis creed political freedom country lived prospered long among us wish dissolve union change republican form let stand undisturbed monuments safety error opinion may tolerated reason left free combat part jefferson first inaugural address dealing political freedom reprinted jones primer intellectual freedom harvard university press example president van buren signed bill indemnified descendants matthew lyon persecution suffered sedition act see cong globe sess appropriately act official denouncement sedition law accomplished july year stat perhaps strongest denunciation sedition act unconstitutional come congress report committee house representatives presented bill passed refund fine imposed act upon matthew lyon stated committee deem necessary discuss length character law assign reasons however demonstrative induced conviction unconstitutionality question connected liberty press ever excited universal intense interest ever received acute able elaborate investigation ever generally understood conclusively settled concurring opinions parties heated political contests day passed away remains done representatives people condemned act agents unauthorized transcending grant power place beyond question doubt cavil mandate constitution prohibiting congress abridging liberty press discharge honest moral honorable obligation refund treasury fine thus illegally wrongfully obtained one citizens purpose committee herewith report bill cong globe sess cf abrams wholly disagree argument government first amendment left common law seditious libel force history seems notion conceived many years shown repentance sedition act repaying fines imposed holmes dissenting real aim sedition act emerges indisputable clarity debates surrounding enactment thus john allen one supporters act house representatives urged necessity act following terms hope bill rejected ever nation required law kind let gentlemen look certain papers printed city elsewhere ask whether unwarrantable dangerous combination exist overturn ruin government publishing shameless falsehoods representatives people denominations hostile free governments genuine liberty course welfare country therefore displaced people raise insurrection government say sir paper aurora paper supported jeffersonian party must necessarily nature things supported powerful party say party composed anonymous pieces paragraphs contains evince talents industry employed give currency perfectly well understood parties persons contain opinions certain great men certain gentlemen house inflammatory address irishmen therefore understood come clothed high authority work party paper devoted party assiduously disseminated country party party credit due party owes existence loved peace zion sought repose country cease emit filth flourished smiles perish frowns annals cong course true congressmen favored sedition act broader grounds harrison gray otis employed sedition act associations including masons spirit association warned dangerous thing free government carefully watched miller crisis freedom charges made fisher ames writings published april see ames laocoon reprinted ii works fisher ames similar sentiments expressed richard peters federal district judge letter dated august secretary state pickering judge peters apparently thought necessary good country get rid set villains ready strike think crisis arrives see miller crisis freedom parliamentary debates hansard series emphasis supplied cf dennis upheld convictions advocacy overthrow government speedily circumstances permit see konigsberg state bar california dissenting opinion feldman dissenting opinion parliamentary debates hansard series see argument representative harper floor house favor passage sedition act often heard place elsewhere harangues liberty press swallow liberties law reason every right human divine fall prostrate liberty press whereas true meaning man shall liberty print pleases provided offend laws law shall passed regulate liberty press admitted law say man shall slander neighbor unnecessary perfectly within constitution say man shall shall injurious well society way congress right make laws restrain personal liberty man liberty abused acts violence neighbor annals cong dennis see also yates scales post noto post said bridges california finally emerges clear present danger cases working principle substantive evil must extremely serious degree imminence extremely high utterances punished cases purport mark furthermost constitutional boundaries protected expression recognize minimum compulsion bill rights first amendment speak equivocally prohibits law abridging freedom speech press must taken command broadest scope explicit language read context society allow abrams holmes dissenting recently expressed belief balancing test derive support whatever clear present danger test used justice holmes justice brandeis see konigsberg state bar california dissenting opinion american communications assn douds miller crisis freedom justice douglas dissenting subversive activities control board found appeals sustained finding petitioner communist party disciplined organization operating nation soviet union control install soviet style dictatorship findings based think facts disturb objections made character led us reverse remand additional hearings five years ago record tainted perjury communist party control board one matter venal suffer penalties regime law perjury tainted record present errors urged character appeared normal administrative hearing timely claimed might give us pause us question whether particular organization use statutory words organization stat organization stat errors urged might loom large decision might turn intangibles closely appraised present problem however somewhat different posture field congress found declared communist party fact instrumentality conspiracy overthrow government policies programs secretly prescribed foreign leaders world communist movement agency hostile foreign power stat congressional findings amount facts justices already taken judicial notice see communications assn douds et seq opinion justice jackson mean anything goes hearings pro forma suggest however case turn nice nuances closer contests might carefully weighed prolong administrative hearings already extended decade starting point agree appeals err overruling objections based procedural errors may communist party control foreign power required register vices registration may unlike licensing despite times film chicago think licensing impermissible form regulation vests discretion authorities grant withhold exercise first amendment rights permit exercised condition lovell griffin licensing like tax payable exercise first amendment right murdock pennsylvania therefore unconstitutional see thomas collins yet registration like licensing may aspects harassment burden said thomas collins supra exercise rights free speech free assembly made crime think accomplished device requiring previous registration condition exercising making condition foundation restraining advance exercise imposing penalty violating restraining order long involved exercise rights free speech free assembly immune restriction one solicits support cause labor may required register condition exercise right make public speech may seeks rally support social business religious political cause think requirement one must register undertakes make public speech enlist support lawful movement quite incompatible requirements first amendment however said findings communist party disciplined organization operating nation soviet union control aim installing soviet style dictatorship findings establish debate discourse argumentation propaganda aspects free speech association involved additional element enter espionage business activities formation cells subversion well use speech press association foreign power produce continent soviet satellite picketing free speech plus bakery drivers local wohl concurring opinion giboney empire storage hence restricted instances banned registration disseminate propaganda foreign origin see viereck dissenting opinion thought fall category barring speech places create traffic conditions schneider state cox new hampshire provoke breaches peace chaplinsky new hampshire though activities first amendment manner exercise collateral aspects fall without like reasons underlie decisions sustain laws require various groups register engaging specified activities thus lobbyists receive fees attempting influence passage defeat legislation congress may required register harriss criminal sanctions failure report disclose contributions made political parties permitted burroughs publishers newspapers desiring reduced postal rates long required file postmaster general local post office certain data concerning ownership circulation disclosure requirements sustained lewis publishing morgan short exercise first amendment rights often involves business commercial implications congress wisdom may desire disclosed strictly financial matters public utility holding company act see electric bond share securities exchange lobbyists required register political parties required make disclosure sources funds owners newspapers periodicals must disclose affiliates may group operating control foreign power bill rights designed give fullest play exchange dissemination ideas touch politics culture aspects life organization used foreign power make advances questions security raised beyond ken disputation debate people resident espionage business activities formation cells subversion well exercise first amendment rights used pry open society make intrusion foreign power easy machinations foreign power add additional elements free speech marching adds something picketing goes beyond free speech reasons view bare requirement communist party register disclose names officers directors line exacting adjudications touching first amendment activities ii act pregnant constitutional questions deal one whether act unconstitutional void conflicting provision accorded fifth amendment registration statement prepared attorney general pursuant act asks item name address position functions individual time twelve months preceding execution statement officer director person performing functions officer director communist party item requires statement alias person listed item item asks name alias address individual member organization time period twelve months prior filing registration statement statement must signed partners officers directors members governing body cfr form provisions conditional government authority possesses ordered party register duty disclose names officers directors members explicit duty make disclosure individuals must make disclosure definitely described uncertainty must done question whether command made constitutional fifth amendment requirement form statement signed partners officers directors deleted statement allowed filed agent act signing implicates partner officer director eliminated sensitive high role performed fifth amendment also deleted compulsory disclosure others whose association party required disclosed without immunity problems presented disclosures disappear none things requires officers directors sign requires names officers directors members within period disclosed thus question individuals squarely presented iii first officers directors others must sign registration statement individuals prosecuted active communist agents yates scales post view compelled sign registration statement compulsory admission ingredient crime plainly violate fifth amendment person witness stand courtroom appearing congressional committee asked whether officer director communist party decisions blau quinn protect system federal officials desire establish guilt must use grand jury get indictment petit jury obtain conviction require accused job chafee blessings liberty clause fifth amendment concerned provides person shall compelled criminal case witness clause hospitably construed said counselman hitchcock impossible meaning constitutional provision person shall compelled witness criminal prosecution doubtless cover cases limited object insure person compelled acting witness investigation give testimony might tend show committed crime privilege limited criminal matters broad mischief seeks guard privilege applicable civil cases grand jury proceedings legislative inquiries virtually every form official proceeding applies whether witness party civil criminal case merely witness applies whether testimony directly issue collateral witness judge case may compelled give testimony good faith believes might manner whatever pave way possible prosecution claim privilege requires special combination words clause liberally construed protect right intended secure fifth amendment immunity act fund republic white held privilege excuse officer organization producing records grounds contents records may incriminate officer director plain incriminates merely producing records signing filing registration statement preparation registration statement execution category giving testimony blau quinn cases fifth amendment continuing vitality part today required furnishing statements admissions pens men women whose signature may start way prison made clear curcio ruling white case restricted production books records upheld custodian privilege testifying whereabouts books records testimony might incriminate said lawfully compelled absence grant adequate immunity prosecution condemn oral testimony seem follow fortiori custodian need testify concerning whereabouts records testimony tend incriminate need put writing admission officer director communist party incriminating admission compelled position judge bazelon appeals app seems unassailable see also shapiro wilson electric bond share securities exchange supra irrelevant present problem fifth amendment claim made case preparation filing registration statement might implicate officer director fifth amendment therefore protected signing unless immunity granted problem present case quite different raises following kind question congress made embezzlement national bank funds criminal offense require embezzlers register without granting full immunity cf ullmann entitled closest analogy present case compiling signing filing registration statement required officers directors others registration form form elicited testimony surrender records disclosure reveal knowledge relations communist party see demanded unless immunity granted bill rights go far forbid interrogation threat punishment prevent breaking myriad bonds secrecy command government protects individual become object government punitive powers removes humiliating presence questioner power government limited punish either silence passive hostility one claims privilege whether criminal prophet merely bewildered citizen suddenly caught sinister web suspicion privilege often criticized shield wrongdoing every hostile silence greets official interrogation beginning wrongdoing nation government must often meet hostility constrained admire activities free detest freedom long remain government free require us recount doings government may still threaten silence prison power stops short information sought incriminating even ardent advocate totalitarian state thomas hobbes respected core privacy covenant defend force force always void shown man transfer lay right save death wounds imprisonment avoiding whereof end laying right covenant accuse oneself without assurance pardon likewise invalid condition nature every man judge place accusation civil state accusation followed punishment force man obliged resist leviathan great books signing officer director communist party ingredient offense results punishment must done mandate law compulsory incrimination individuals view plain violation fifth amendment iv compulsory disclosure officers directors members party last months equally objectionable fifth amendment membership party virtue federal statutes start every prosecution whether active membership scales supra conspiracy teach doctrine dennis membership link chain evidence needed prosecution held blau supra quinn supra therefore class disclosure held since time chief justice marshall see burr fed cas demanded reason fifth amendment compulsory disclosure membership communist party blau quinn cases put within protection fifth amendment necessary immediate effect filing public record registration statement required case officers directors must sign registration statement view compulsory incrimination members plain violation fifth amendment congress use registration device compel disclosure people activities violate federal laws fifth amendment cast limbo said person required listed registration statement brought interrogators compelled admit statute requires petitioner set forth length difference exists compelling member officer compelling petitioner thin veil petitioner fictitious juridical personality hale henkel held corporation claim privilege case others wilson supra white supra mentioned implemented constitutional policy publicity associational activities abhorrent required individuals matters less clearly within realm administrative regulation present requirement disclosure membership lists regulatory provision device trapping involved activity federal statutes interwoven criminality primary effect required registration disclosure public criminal prosecution see government branded organization criminal judiciary legislature executive demand submit names members unless grants immunity disclosure prior today nearest ever came allowing registration device used mechanism compulsory disclosure criminal activities kahriger see also lewis gamblers required register collector internal revenue pay occupational tax defense fifth amendment rejected grounds seemed us time specious registration required held pertained business wagering future kahriger supra fifth amendment said relation past acts future acts may may committed sluice gates opened hair width case flung wide remain agreement justice black said kahriger supra bill rights condemns coerced confessions however refined legalistic may technique extortion said party standing assert rights officers directors members privilege personal one must claimed may waived ordinary circumstances fifth amendment privilege incriminating another rogers see hale henkel supra white supra hand intimate connection associations members long recognized beauharnais illinois justice frankfurter writing said long ago recognized economic rights individual may depend effectiveness enforcement rights group even though formally corporate belongs petitioner members constitutionally entitled withhold connection association despite production order manifest right properly assertable association require claimed members result nullification right moment assertion petitioner appropriate party assert rights members every practical sense identical think restricted assertion group rights members asserting first amendment rights refugee committee mcgrath supra three groups circumstances somewhat similar present case claimed right invoke members rights first fifth amendments designated communist attorney general impact classification status members federal employees striking immediate classification constitutionally made without hearing consensus opinion among reached issue seemed clear groups raise objections involved constitutional rights members view forcefully asserted justice jackson justice frankfurter stated designation works immediate substantial harm reputations petitioners threat carries members propose become federal employees makes finicky tenuous claim object interference opportunities retain secure employees members analysis support long line cases allowed assert constitutional right seeking redress prevention harm root doctrine found equity truax raich injunction sought employee alien seeking restrain enforcement arizona statute right invoked employee right fourteenth amendment statute imposed penalty alien working penalized employer hiring nevertheless injunction issued pierce society sisters proprietors private school protect monetary interest preserving school allowed assert rights parents education children similarly white vendor allowed assert negro vendee rights enforcing contract sell real property subject restrictive city ordinance buchanan warley see also international harvester department taxation barrows jackson bates little rock bryant zimmerman sustained state law requiring ku klux klan file membership lists state officials explained alabama supra case involving organization whose acts unlawful intimidation violence first amendment activities explanation adequate case first amendment rights considered alabama supra fifth amendment question however raised bryant zimmerman supra petitioner communist party seeks case assert statute ordered register unconstitutional necessary effect depriving members privilege compelled reveal connection party case majority opinion admits like sullivan taxpayer claimed privilege respect source income argued wholly excused filing tax return case one required assert privilege may thereby arouse suspicions prosecuting authorities individual attempt claim privilege filing party admit ingredient crime namely connection party clearly situation party effectively assert privilege officers directors members teaching alabama supra opinions justice jackson justice frankfurter refugee committee mcgrath supra cases discussed reject precedents create special rule day party proper party raise objection one else raise effectively community interest party members indeed closely analogous community interest corporation stockholders see stevens corporations pp since command register separated means registration attack properly made incriminating features statute petitioner commanded register see employers liability cases reese cf electric bond share securities exchange supra boyd order produce invoice claimed privileged fifth amendment held unconstitutional void one need assumed obey unconstitutional command raise constitutional objection compliance course defiance governmental command unconstitutional deep traditions thomas collins supra staub city baxley yet heretofore person claiming disclosure violate fifth amendment rights need first tender information claimed privileged person asked whether member communist party invoke fifth amendment refuse reply since existing federal laws answer tend incriminate quinn supra blau supra answers demanded registration form regulations require precisely kind answers held protected quinn blau cases vi fact may times issue may raised example registration statement filed officers members prosecuted default act seems immaterial case category challenges law made known manner enforced applied cf rescue army municipal federation labor mcadory final order register act issued disclosure requirements clear specific time raise fifth amendment questions relegate parties another time place order raise constitutional objections fashion extremely harsh rule fit communist party one else default means risk criminal prosecution person think forced wait default raise constitutional objection great injustice today lies compelling officials party violate law constitutional claims heard determined never believe forced choice litigant see terrace thompson modern trend indeed protect person prosecutions may involve infringements constitutional rights times even equity stepped see philadelphia stimson prevention peril insecurity involved sanctions laws led generous use declaratory judgment procedure person need run gantlet criminal prosecution get adjudication rights see railway mail assn corsi public workers mitchell cf mcgrath kristensen order requiring registration requires disclosure constitutionality disclosure requirement us case presents effective opportunity secure benefits fifth amendment guarantee indeed question raised strict rule rogers supra might mean question waived vii conclusion communist party compelled register one acting compelled sign statement officer director disclose names officers directors members unless required immunity granted one may ask registration law congress past present attempting cake eat view congress require full disclosure paraphernalia foreign dominated controlled organization spreads propaganda engages agitation promotes politics country fifth amendment bars congress requiring full disclosure one act another act making facts admitted disclosed compulsion ingredients crime giving evidence filing registration filing equivalent officials testifying investigations conducted executive legislative branch compulsory disclosure evidence links officers directors members group crime force compulsion outlawed techniques federal law enforcement coerced confessions taboo long bitter experience minorities trying maintain freedom hostile regimes constitution protects minorities matter despised accordingly dissent accounts attempts communists infiltrate american trade unions see doc sess taft structure government labor unions pp et seq murray american labor threat communism annals acad pol soc sci paschell theodore provisions union constitutions monthly lab rev eric sevareid writing washington post january said americans get hysterical marxists midst americans considering notice hard core marxists threaten split belgium two hard core marxists drove british labor party official policy line neutralism dissents case grounds material bare issue registration us concealment main interests behind legislative proposals conspicuous example american fair trade league controlled manufacturers purporting represent retailers told federal trade commission report resale price maintenance pp see meltzer required records mccarran act privilege chi rev also starting point certain disabilities including roundup may put detention camps virtue answering claim prosecution witness refuse answer unless answer unconnected testimony sufficient convict crime chief justice marshall said rendering rule almost perfectly worthless many links frequently compose chain testimony necessary convict individual crime appears true sense rule witness compellable furnish one certainly possible probable case witness disclosing single fact may complete testimony every effectual purpose accuse entirely stating every circumstance required conviction fact might unavailing facts without insufficient remains concealed within bosom safe draw thence exposed prosecution rule declares man compellable accuse obviously infringed compelling witness disclose fact description testimony may possessed attainable individual never know seem never compel witness give answer discloses fact form necessary essential part crime punishable laws fed see barenblatt see communist control act stat see list organizations app cfr part ed refugee committee mcgrath section mann act stat provides anyone harboring alien woman house prostitution must register required form merely statement writing giving following information name woman place kept facts date entry port entry age nationality parentage facts concerning procuration come country within knowledge person required furnish statement one files immune prosecution anything reported registration statement see mack provision held violation fifth amendment lombardo aff grounds immunity extended federal state prosecutions held years earlier twining new jersey fifth amendment applicable see jack kansas holding immunity state prosecution granted defense offered immunity federal prosecution avail justice brennan chief justice joins dissenting part agree justice douglas order requiring party register disclose officers members constitutionally invalid invasion rights freedom advocacy association guaranteed first amendment communists well others also share view called upon case decide constitutionality various duties sanctions attaching party individual members orders register become final required case decide validity order requiring petitioner register accordance act implemented regulations form attorney general properly reach time constitutional questions necessarily relate requirements governing registration questions addition first amendment seem nearly within sphere permissible constitutional adjudication proceeding arise interaction registration requirements criminal statutes communist party membership implicated interplay poses question whether registration requirements violate fifth amendment privilege believe questions raised registration provisions properly adjudicable may better left subsequent adjudication necessity arises example need decide think constitutionality provision individual members provision becomes operative upon failure petitioner officials list members effecting registration pursuant final order government brief observes criminal sanction member arising nonregistration must preceded final order subversive activities control board directing register know time posture case appear member comes enforceable duty register ever also lay aside requirements implementing regulation cfr party officials effect registration organization organization fails register within days final order duty enforceable criminal sanctions officials arises contingency nonregistration petitioner accordance present order situation may arise assume opportunity officials raise objections irrevocably lost consider finally concern whether party may interpose constitutional privilege members nature information required supplied complete registration statement described attorney general form section requires registration statement accompanying registration shall provide information names addresses members past present aliases well information officers activities organization attorney general regulations form implement requirement think must reach one issue namely whether requirements spelled attorney general regulations form void necessarily conflicting fifth amendment privilege party officials charged duties necessary complete party registration statute regulations form together clearly require registration statement shall completed signed filed designated officials officials partners officers directors including members governing body organization explicitly required form sign completed statement vouchsafe familiarity accuracy contents whether officials consistently fifth amendment privilege required complete sign file statement serious constitutional question requirements effect inquiry status officership knowledge party activities signatories today decision scales post answers inquiry might well implicate officials criminality violation several federal statutes believe constitutional validity inquiry find implicit requirements ripe adjudication read opinion saying fatal bar adjudicability question merely fact organization individual official organization asserting privilege proceeding requirement standing litigant must show affected operation action challenges affects another involved cases cited brother douglas show seems concede party allowed assert constitutional rights another person named party variety situations effect challenged state action derivative impact person course indicated number occasions privilege personal right must normally claimed individual seeking protection see ex rel vajtauer commissioner immigration murdock rogers smith statements made context issue waiver whether later claim privilege honored contended party earlier opportunity make claim failed present case presents quite opposite situation whether privilege claimed late early waiver premature assertion issue justiciability confronts us therefore whether petitioner may raise fifth amendment question whether may agree cases upheld standing first sense decisive problem following considerations view justify adjudication order imposes presently enforceable duty organization complete file form creates incentive organization officials make disclosures implicit completion signing filing form inquiry eliciting disclosures officership knowledge specific open possibly varying answers incriminating character information thus disclosed plain finally question decided officials must run risk able make acceptable claim privilege later time thus inheres putting decision substantial possibility erosion privilege may avoid undesirable result deciding question think reasons advanced support contrary conclusion overborne considerations suggested says officials may sign statement comply requirements may claim privilege form honored thus avoid incrimination event claim privilege evaluated time varying presently unknowable circumstances may determine whether honored possibility voluntary compliance officials bar decision given structure statute compliance indisputably assumed voluntary waiver privilege organization duty virtue order us file statement accordance attorney general requirements penalty prosecution filing registration statement failure officials complete sign file form might subject prosecution organization register within period specified officials effect registration also penalty criminal sanctions plainly enough order generates pressure officials complete sign file avoid possibility prosecution either organization pressure may increased uncertainties attend efforts make acceptable claim privilege pass opportunity decision officials may well comply fear later effort make acceptable claim privilege fail claim privilege registration form names official admission officership communist party incriminating claim privilege name amount admission claimant asserting complete sign file form admission officership incriminate suggests claim privilege potentially always incriminating may arouse suspicions interrogators however registration requirement seems present different case important respects claiming privilege attract suspicion claimant admits element possible criminality moreover registration unique initial burden puts potential defendant come forward claim privilege may thereby arouse suspicions previously even existed indeed virtually establish prima facie case usual situation privilege invoked judicial legislative administrative proceeding person claiming appears already reason think information subject matter inquiry invocation privilege circumstances may confirm suspicions interrogators less likely arouse initially case registration regulation calls persons everywhere known unknown fall within prescribed category come forward identify least governmentally initiated inquiries likely certain checks either explicit requirement probable cause governing maintenance criminal prosecution institutional limitations exercise power inquiry initial burden government requirement example identify officials proceeding purpose seek elicit desired information officials members think therefore privilege protect official disclosure officership knowledge inquiry explicitly terms made also protect disclosure kind indirect inquiry response seems implicit suggestion claim privilege name may adequate alternative remains consideration possibility anonymous claim privilege may made honored attorney general organization might simply file statement asserted privilege behalf officials listing titles names however reasoning right claim privilege honored may depend variety circumstances including factors already existing public knowledge information claimant seeks conceal difficult see following course advance attempt claimant privilege honored subsequent enforcement proceeding organization failure register accordance regulations officials failing register organization defense privilege met objection raises privilege claim evaluated unless identity claimant known possibility attorney general might honor even anonymous claim privilege simply mean abandonment one requirements form see view case requirement exist since order review register accordance attorney general requirements certainly official might sufficiently dubious efficacy anonymous claim privilege organization behalf choose one alternatives complying claiming privilege name making claim dangerous courses therefore believe suggestion claim may made form honored presents official petitioner sufficiently realistic choice require us defer consideration question arises time choice among alternatives made read sullivan cases cites groban ohio app aff ohio aff indicating different result cases seem hold individual thwart legitimate inquiry refusing answer questions ground incriminating questions might asked require must least respond inquiry make claims privilege incriminating questions asked sullivan questions neutral face asked pursuant inquiry furtherance collection revenue claim questions meaningless terms traditional requirement tribunal claim made opportunity decide whether claim shall allowed see burr fed cas ex rel vajtauer commissioner supra moreover sullivan claim privilege individual questions might aroused suspicions pinpointed taxpayer criminal activities wholesale immunity petitioner officials involved conclusion claim privilege adjudicated without requirement first make registration form specifically attendant risks previously considered inquiry implicit requirements completing signing filing precise demands disclosure matters officership knowledge communist party incriminating nature inquiry seems plain face since admission officership knowledge merely possible link chain needed convict smith act establish main ingredient crime proscribed membership clause act construes today scales cf dewar justice holmes wrote sullivan taxpayer draw conjurer circle around whole matter declaration write word upon government blank bring danger law petitioner seeks draw conjurer circle officials essentially noncriminal area inquiry assert privilege replying inquiry regulatory area permeated criminal statutes circumstances word upon paper responsive inquiry involve admission one major elements crime effect even claiming privilege merely arouse suspicions illegality admit element crime persuaded fifth amendment claim adjudicated officials may entitled privilege fact officership already known even assumption public notoriety prior admission proceedings make privilege inapplicable officials nothing record indicate many officials fall category government contends since record establish officials publicly known refrain adjudicating privilege claim one may actually entitled invoke since record also leaves open possibility may officials entitled assert privilege since see difficulty way effective assertion privilege later without disclosure information sought protected believe persons subjected risks uncertainties deciding course conduct view litigating question subsequent proceeding danger compulsory incrimination violation fifth amendment thus appears face requirements seems improper force affected hazard loss protection even protection cf people mccormick cal app supp regard position adjudicability calling impermissible decision hypothetical case open way invalidation requirements face despite valid applications simply might invalidly applied circumstances see raines requirements violate fifth amendment subject require incrimination without effective protection privilege discern adequate procedural protection privilege believe adjudicate particular question merits fifth amendment claim believe officials compelled complete sign file registration statement without abridging privilege think doctrine white applies inquiry directed fact officership qua officership knowledge qua knowledge opposed production organizational records officer custodian individual official status knowledge subject inquiry find implicit requirement official complete sign file statement principle custodian organizational records may required produce even contents incriminate personally recognition organization acts people recognize privilege custodian records might immunize organization past acts officials directed produce records organization custodians complete sign file officials thus identify possible participants criminal conspiracy persons presumptively exhibiting degree knowledge activity necessary conviction membership clause smith act called fact produce records rather complete sign file statement may may incorporate records organization incorporation existing records required event information form must supplied whether existing records addition requirement signatures involve mere authentication identification records cf curcio officials required vouchsafe completeness accuracy information supplied form thus requirements go far beyond compulsory production approved white admission officership status knowledge party activities compelled oral testimony criminal proceeding see compulsion writing registration statement makes difference constitutional purposes cf people ex rel ferguson reardon since immunity granted statute complete think official compliance requirements exacted consistently fifth amendment officials required complete sign file form see present order upheld requirements patently contemplate effectuation registration except party officials precise manner specified requirements therefore hold order invalid insofar directs petitioner register accordance requirements