albertson sacb argued october decided november despite order subversive activities control board sacb sustained communist party sacb party failed register subversive activities control act list members filed attorney general accordance act asked sacb order petitioners party members register submit registration statement sacb order petitioners register submit registration statement appeals affirmed orders finding fifth amendment issue ripe adjudication held petitioners claims privilege ripe adjudication pp distinguished communist party case contingencies upon members duty register arises matured petitioners claimed privilege attorney general rejected claims pp petitioners faced choice registering without decision merits claims subjecting serious punishment pp respondent attempt distinguish claims privilege relating sacb power compel registration submission registration statement concerning concedes appeals holding prematurity erroneous claims privilege particular inquiry registration form registration statement without merit statute regulations issued thereunder require petitioners register submit forms fully executed accordance present regulations pp requirement filing registration form incriminatory within meaning clause admission party membership required form might used investigatory lead evidence criminal prosecution pp requirement completing filing registration statement considered apart registration form also incriminatory information might used evidence supply leads criminal prosecution sullivan distinguished pp act immunity provision save orders register petitioners fifth amendment challenge pp immunity provision preclude use information called registration statement either evidence investigatory lead immunity provision preclude use admission party membership registration form investigatory lead use barred privilege respondent argument since order register follows sacb finding party membership admission party membership registering investigatory value thus incriminatory make right invoke privilege depend upon assessment information government possession negate complete protection perils immunity statute must provide according counselman hitchcock john abt argued cause petitioners briefs joseph forer kevin maroney argued cause respondent brief solicitor general marshall assistant attorney general yeagley nathan lewin george searls lee anderson briefs amici curiae filed osmond fraenkel american civil liberties union ernest goodman national lawyers guild justice brennan delivered opinion communist party america failed register attorney general required order subversive activities control board sustained communist party sacb accordingly list party members filed required subversive activities control act stat sections act provide circumstance member organization must register file registration statement default thereof authorizes attorney general petition board order requiring member register attorney general invoked petitioners board evidentiary hearings determined petitioners party members ordered register pursuant review orders sought petitioners appeals district columbia circuit appeals affirmed orders app granted certiorari reverse petitioners address several constitutional challenges validity orders consider contention orders violate fifth amendment privilege appeals affirmed orders without deciding privilege issue expressing view decision communist party issue ripe adjudication ripe prosecution failure register petitioners register app disagree communist party party asserted privilege behalf unnamed officers obliged register party obliged register party failed claim asserted behalf latter officers held premature party might choose register thus duty officers might never arise contrast contingencies upon members duty register arises already matured party register within days order register became final requisite days since order became final elapsed officers obliged register party communist party held claim asserted behalf ripe adjudication known whether ever claim privilege whether claim asserted honored attorney general respect orders case addressed named individuals contingencies foreclosed petitioners asserted privilege answers attorney general petitions testify board hearings asserted privilege review proceedings appeals instance attorney general rejected claims thus considerations led communist party hold claims behalf unnamed officers premature present case reasons holding petitioners claims ripe decision specific orders requiring petitioners register issued attorney general promulgated regulations requiring registration shall accomplished form accompanying registration statement shall completed form cfr petitioners risk heavy penalties fail register completing filing forms act stat example day failure register constitutes separate offense punishable fine imprisonment five years petitioners must either register without decision merits privilege claims fail register risk onerous rapidly mounting penalties awaiting government pleasure whether initiate prosecution ask circumstances petitioners await prosecution adjudication claims effect contend denied protection fifth amendment privilege intended relieve claimants necessity making choice incriminating risking serious punishments refusing indeed government concedes brief appeals holding prematurity erroneous insofar petitioners claims privilege relate board power compel act registration submission accompanying registration statement brief candidly acknowledges since provides judicial review board order register petitioners claims regard like contention order invalid may heard determined reviewing thus distinguishing orders similarly reviewable see alexander cobbledick nevertheless government argues petitioners claims premature insofar relate particular inquiry forms two contingencies hypothesized support contention attorney general might alter present forms might accept less fully completed forms distinction upon argument predicated illusory neither statute regulations draw distinction act registering submission registration statement one hand hand answering inquiries demanded forms statute regulations contemplate rather questions asked forms fully completely answered morever contingencies hypothesized irrelevant petitioners obliged register submit registration forms accordance presently existing regulations mere contingency attorney general might revise regulations future time render premature challenge existing requirements requirements viewed requiring petitioners answer risk criminal prosecution error items incriminate petitioners full compliance required finally government argument violence congressional scheme penalties incurred upon failure register required final orders orders become final upon completion judicial review providing congress plainly manifested intention afford alleged members prior criminal prosecution failure register adjudication claims addressed validity board registration orders therefore proceed determination merits petitioners claims ii risks incrimination petitioners take registering obvious requires admission membership communist party admission membership may used prosecute registrant membership clause smith act ed subversive activities control act stat ed mention two federal criminal statutes scales accordingly held mere association communist party presents sufficient threat prosecution support claim privilege patricia blau irving blau brunner quinn cases involved questions witnesses witness stand admission compelled oral testimony see compulsion writing makes difference constitutional purposes cf new york ex rel ferguson reardon follows requirement accomplish registration completing filing form inconsistent protection clause statutory scheme providing registration shall accompanied registration statement clearly implies duty file form registration statement enforceable obligation accomplish registration completing filing form yet even statute regulations required petitioners complete file form without regard validity order register form requirement complete file form also invade privilege like admission party membership demanded form information called form organization registrant member aliases place date birth list offices held organization duties thereof might used evidence least supply investigatory leads criminal prosecution government relying sullivan argues petitioners might answer questions appropriately claim privilege form others fail submit registration statement altogether apart conclusion nothing act regulations permits less literal full compliance requirements form reliance sullivan misplaced sullivan upheld conviction failure file income tax return theory form return provided called answers defendant privileged making raised objection return account refuse make return declaration based view first claim every question tax return based mere submission return virtually frivolous second honor claim privilege asserted time return due make taxpayer rather tribunal final arbiter merits claim neither reason applies tribunal board opportunity pass upon petitioners claims since unlike tax return pervasive effect information called form incriminatory claims substantial far frivolous sullivan questions income tax return neutral face directed public large directed highly selective group inherently suspect criminal activities petitioners claims asserted essentially noncriminal regulatory area inquiry inquiry area permeated criminal statutes response form questions context might involve petitioners admission crucial element crime iii section act purported immunity provision save registration orders petitioners fifth amendment challenge counselman hitchcock decided held immunity statute leaves party witness subject prosecution answers criminating question put effect supplanting privilege statute valid supplies complete protection perils constitutional prohibition designed guard affording absolute immunity future prosecution offence question relates measured standards immunity granted complete see scales preclude use information called form either evidence investigatory lead regard act registering form provides admission party membership thus required shall per se constitute violation criminal statute received evidence registrant criminal prosecution preclude use admission investigatory lead use barred privilege counselman hitchcock government contend shortcoming remedied regard information called registration statement form respect form however argument made since order register preceded board finding party membership admission membership required form investigatory value thus incriminatory within meaning fifth amendment privilege view incompleteness grant immunity rendered immaterial admission party membership compelled without violating privilege disagree judgment whether disclosure incriminatory never made dependent assessment information possessed government time interrogation protection privilege seriously impaired right invoke dependent assessment uncertainties threat privilege less present proposed assessment made order remedy shortcoming statutory grant immunity representation information demanded utility belied fact failure make disclosure severely sanctioned permitting incompleteness cured representation render illusory counselman requirement statute order supplant privilege must provide complete protection perils constitutional prohibition designed guard judgment appeals reversed board orders set aside ordered justice white took part consideration decision case appendix opinion form ed budget bureau approval expires july department justice washington registration form individuals pursuant section internal security act note form accompanied registration statement form hereby name individual print type registers member organization signature date typed printed name date address type print budget bureau approval expires july department justice washington form registration statements individuals pursuant section internal security act instruction sheet read carefully two copies statement filed additional copy statement prepared retained registrant future references statement filed internal security division department justice washington items form answered answer item none inapplicable stated copies statement signed making willful false statement omission material fact punishable code space provided form answer given item insufficient reference shall made space full insert page pages item number item shall restated answer given individual member organization registered organization section internal security act failed include individual name upon list members filed attorney general name organization registrant member within preceding twelve months name registrant names used registrant past ten years dates used date birth place birth present business address present residence address registrant within past twelve months officer organization listed response question number list offices held date held give description duties functions performed tenure office undersigned certifies read information set forth statement familiar contents thereof contents entirety true accurate best knowledge belief undersigned represents familiar provisions section title code printed bottom form signature date name date print type section provides whoever matter within jurisdiction department agency knowingly willfully falsifies conceals covers trick scheme device material fact makes false fictitious fraudulent statements representations makes uses false writing document knowing contain false fictitious fraudulent statement entry shall fined imprisoned five years footnotes section registration statement accompanies registration organization required include name address individual member organization time period twelve full calendar months preceding filing statement sections stat ed provide individual becomes member organization concerning effect final order board requiring organization register section title organization thirty days elapsed since order become final organization registered section title organization shall within sixty days said order become final within thirty days becoming member organization whichever later register attorney general member organization registration made individual subsection section shall accompanied registration statement prepared filed manner form containing information attorney general shall regulations prescribe whenever attorney general shall reason believe individual registered section title fact required register section shall file board serve upon individual petition order requiring individual register pursuant subsection section case may petition shall verified oath shall contain statement facts upon attorney general relies support prayer issuance order section stat ed provides party aggrieved order entered board may obtain review order filing appeals district columbia within sixty days date service upon order written petition praying order board set aside upon filing petition shall jurisdiction proceeding shall power affirm set aside order board findings board facts supported preponderance evidence shall conclusive judgment decree shall final except shall subject review upon certiorari government opposition petition certiorari suggested case moot petitioner albertson reason alleged expulsion party albertson however challenges suggestion mootness occasion decide question since event must reach merits issues respect identical order issued petitioner proctor petitioners challenges assailed act registration orders denying substantive due process allegedly serve governmental purpose abridging first amendment freedoms violating procedural due process constituting bills attainder made board determination communist party organization conclusive upon petitioners finally denying petitioners safeguards grand jury indictment judicial trial trial jury regulations governing party registration pursuant cfr forms regulation governing officers obliged register party failed register cfr see communist party copies form form reproduced appendix opinion case argued orally sides premise penalty failure complete file form constituted separate offense punishable fine imprisonment five years day failure file form constitute separate offense occasion however decide question intimate view upon see section stat provides neither holding office membership communist organization person shall constitute per se violation subsection subsection section criminal statute fact registration person section section title officer member communist organization shall received evidence person prosecution alleged violation subsection subsection section alleged violation criminal statute legislative history includes several expressions doubt immunity granted coextensive privilege see pt pp kilgore minority report cong rec humphrey cong rec kefauver see also cong rec celler dealing modified immunity grant see generally scales opinion dissenting opinion justice clark concurring join opinion conclusion reaches today forecast response request chairman senate judiciary committee expression views department justice precursor act attack pointed measure might held even compel fn view expressed letter signature attorney general noted proposed legislation require every communist political organization every organization register addition information required organizations common communist political organization obliged disclose names addresses members registration statement case failure organization register accordance measure duty executive officer secretary organization register behalf organization failure register subjects organization certain agents severe penalties consideration provisions bill letter advised department justice concluded measure might held notwithstanding legislative finding clear present danger deny freedom speech press assembly even compel also expressed belief department voluntary registrations measure communist organization fail register burden proceed shift attorney general prove organization required register finally passed act imposed duty register upon individual members refusal communist party register disclose membership though department justice expressed constitutional doubts pervasive registration requirement directly abridges privilege members therefore join reversal fn hearings senate committee judiciary