alabama argued decided june petitioner nonprofit membership corporation organized laws new york purpose advancing welfare negroes operates chartered affiliates independent unincorporated associations membership therein equivalent membership petitioner local affiliates alabama opened office without complying alabama statute exceptions requires foreign corporation qualify business state filing corporate charter designating place business agent receive service process alleging petitioner activities causing irreparable injury citizens state criminal prosecution civil actions law afforded adequate relief state brought equity suit state enjoin petitioner conducting activities oust state issued ex parte order restraining petitioner pendente lite engaging activities state taking steps qualify business petitioner moved dissolve restraining order state motion ordered production many petitioner records including membership lists delay petitioner produced substantially data called except membership lists adjudged contempt fined failure produce lists state denied certiorari review contempt judgment granted certiorari held denial relief state rest adequate state ground jurisdiction entertain petitioner federal claims pp petitioner right assert behalf members claim entitled federal constitution protected compelled state disclose affiliation association pp immunity state scrutiny petitioner membership lists related right petitioner members pursue lawful private interests privately associate freely others come within protection fourteenth amendment state failed show controlling justification deterrent effect free enjoyment right associate disclosure petitioner membership lists likely accordingly judgment civil contempt fine resulted petitioner refusal produce membership lists must fall pp freedom engage association advancement beliefs ideas inseparable aspect liberty assured due process clause fourteenth amendment pp circumstances case compelled disclosure petitioner membership lists likely constitute effective restraint members freedom association pp whatever interest state may obtaining names petitioner ordinary members shown sufficient overcome petitioner constitutional objections production order pp question whether state temporary restraining order preventing petitioner soliciting support state violates fourteenth amendment properly since merits controversy passed upon state courts pp robert carter argued cause petitioner brief thurgood marshall arthur shores william coleman george hayes william ming james nabrit louis pollak frank reeves edmon rinehart assistant attorney general alabama argued cause respondent brief john patterson attorney general macdonald gallion james webb assistant attorneys general justice harlan delivered opinion review standpoint validity federal constitution judgment civil contempt entered petitioner national association advancement colored people courts alabama question presented whether alabama consistently due process clause fourteenth amendment compel petitioner reveal state attorney general names addresses alabama members agents without regard positions functions association judgment contempt based upon petitioner refusal comply fully order requiring part production membership lists petitioner claim order circumstances shown record violated rights assured petitioner members constitution alabama statute similar many requires foreign corporation except exempted qualify business filing corporate charter secretary state designating place business agent receive service process statute imposes fine corporation transacting intrastate business qualifying provides criminal prosecution officers corporation code tit national association advancement colored people nonprofit membership corporation organized laws new york purposes fostered nationwide basis indicated name operates chartered affiliates independent unincorporated associations membership therein equivalent membership petitioner first alabama affiliates chartered since time aims association advanced activities affiliates association opened regional office alabama employed two supervisory persons one clerical worker association never complied qualification statute considered exempt attorney general alabama brought equity suit state circuit montgomery county enjoin association conducting activities within oust state among things bill equity alleged association opened regional office organized various affiliates alabama recruited members solicited contributions within state given financial support furnished legal assistance negro students seeking admission state university supported negro boycott bus lines montgomery compel seating passengers without regard race bill recited association continuing business alabama without complying qualification statute causing irreparable injury property civil rights residents citizens state alabama criminal prosecution civil actions law afford adequate relief day complaint filed circuit issued ex parte order restraining association pendente lite engaging activities within state forbidding take steps qualify business therein petitioner demurred allegations bill moved dissolve restraining order contended activities subject qualification requirements statute event state sought accomplish suit violate rights freedom speech assembly guaranteed fourteenth amendment constitution date set hearing motion state moved production large number association records papers including bank statements leases deeds records containing names addresses alabama members agents association alleged documents necessary adequate preparation hearing view petitioner denial conduct intrastate business within meaning qualification statute petitioner objections ordered production substantial part requested records including membership lists postponed hearing restraining order date later time ordered production thereafter petitioner filed answer bill equity admitted alabama activities substantially alleged complaint qualified business state although still disclaiming statute application petitioner offered qualify bar qualification made part restraining order lifted submitted answer executed set forms required statute however petitioner comply production order failure adjudged civil contempt fined contempt judgment provided fine subject reduction remission compliance forthcoming within five days otherwise increased end period petitioner produced substantially data called production order except membership lists contended alabama constitutionally compel disclosure moved modify vacate contempt judgment stay execution pending appellate review motion denied similar stay application later denied pending alabama circuit made order adjudging petitioner continuing contempt increasing fine already imposed alabama law see jacoby goetter weil effect contempt adjudication foreclose petitioner obtaining hearing merits underlying ouster action taking steps dissolve temporary restraining order issued ex parte purged contempt cf harrison louis hovey elliott state thereafter twice dismissed petitions certiorari review final contempt judgment first time insufficiency petition allegations second time procedural grounds granted certiorari importance constitutional questions presented address first respondent contention lack jurisdiction denial certiorari alabama rests independent nonfederal ground namely petitioner applying certiorari pursued wrong appellate remedy state law respondent recognizes jurisdiction defeated nonfederal ground relied state without fair substantial support ward board county commissioners thus becomes duty ascertain order constitutional guaranties may appropriately enforced whether asserted ground independently adequately supports judgment abie state bank bryan alabama held consider constitutional issues underlying contempt judgment related power state order production membership lists review certiorari limited instances lacked jurisdiction proceeding face order disobeyed void procedural requirements respect citation contempt like observed fact contempt sustained proper means petitioner obtain review judgment light constitutional claims said way mandamus quash discovery order prior contempt adjudication petitioner failure pursue remedy challenge contempt order restricted grounds apparently deeming constitutional objections draw question whether face order disobeyed void found infirmity contempt judgment limited scope review time go consider petitioner constitutional challenge order produce membership lists found untenable since membership lists privileged disclosure pursuant reasonable state demands since privilege available corporations unable reconcile procedural holding alabama present case past unambiguous holdings scope review available upon writ certiorari addressed contempt judgment early said case ex parte dickens originally certiorari question jurisdiction inquired limit removed examines law questions involved case may affect merits judgment proper way review action cases kind certiorari appeal think certiorari better remedy mandamus office mandamus require lower judge act correct error reverse judicial action whereas proceeding certiorari errors law judicial action lower may inquired corrected alabama cases indicate said opinion order requiring production evidence may reviewed petition mandamus italics added see ex parte hart cf ex parte driver discover nothing prior state cases suggests mandamus exclusive remedy reviewing orders disobedience led contempt judgments far find prior decisions indicate validity orders drawn question way certiorari instances defendant opportunity apply mandamus although opinion suggests distinction state argues fact situation earlier certiorari cases contempt adjudications unlike followed almost immediately disobedience orders even indeed rationale alabama present decision local procedural rule although may appear retrospect form part consistent pattern procedures obtain appellate review avail state petitioner fairly deemed apprised existence novelty procedural requirements permitted thwart review applied justified reliance upon prior decisions seek vindication state courts federal constitutional rights cf hill justified reliance indicated alabama said disposing petitioner motion stay first contempt judgment case motion filed prior final contempt judgment stressed constitutional issues recited way association seek review validity order upon adjudication contempt based filing petition writ certiorari denying motion stated established rule proper method reviewing judgment civil contempt kind involved petition common law writ certiorari petitioner applied writ certiorari feel petition stay presently us warrants interference judgment circuit montgomery county sought stayed ii association urges constitutionally entitled resist official inquiry membership lists may assert behalf members right personal protected compelled disclosure state affiliation association revealed membership lists think petitioner argues appropriately rights members nexus sufficient permit act representative concluding reject respondent argument association lacks standing assert constitutional rights pertaining members course parties litigation limit breadth issues must dealt particular litigation generally insisted parties rely constitutional rights personal tileston ullman robertson kirkham jurisdiction ed rule related broader doctrine constitutional adjudication possible avoided see ashwander tennessee valley authority concurring opinion principle disrespected constitutional rights persons immediately effectively vindicated except appropriate representative see barrows jackson joint refugee committee mcgrath concurring opinion 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 association provides constitution ny person accordance principles policies may become member medium individual members seek make effective expression views reasonable likelihood association diminished financial support membership may adversely affected production compelled factor pointing towards holding petitioner standing complain production order behalf members cf pierce society sisters iii thus reach petitioner claim production order state litigation trespasses upon fundamental freedoms protected due process clause fourteenth amendment petitioner argues view facts circumstances shown record effect compelled disclosure membership lists abridge rights members engage lawful association support common beliefs contends governmental action although directly suppressing association nevertheless carries consequence justified upon overriding valid interest state effective advocacy public private points view particularly controversial ones undeniably enhanced group association recognized remarking upon close nexus freedoms speech assembly de jonge oregon thomas collins beyond debate freedom engage association advancement beliefs ideas inseparable aspect liberty assured due process clause fourteenth amendment embraces freedom speech see gitlow new york palko connecticut cantwell connecticut staub city baxley course immaterial whether beliefs sought advanced association pertain political economic religious cultural matters state action may effect curtailing freedom associate subject closest scrutiny fact alabama far relevant validity contempt judgment presently review taken direct action cf de jonge oregon supra near minnesota restrict right petitioner members associate freely end inquiry effect production order see american communications assn douds domain indispensable liberties whether speech press association decisions recognize abridgment rights even though unintended may inevitably follow varied forms governmental action thus douds stressed legislation challenged face sought regulate labor unions secure stability interstate commerce practical effect discouraging exercise constitutionally protected political rights upheld statute concluding reasons advanced enactment constitutionally sufficient justify possible deterrent effect upon freedoms similar recognition possible unconstitutional intimidation free exercise right advocate underlay narrow construction authority congressional committee investigating lobbying act regulating lobbying although neither case effort suppress speech rumely harriss governmental action challenged may appear totally unrelated protected liberties statutes imposing taxes upon rather prohibiting particular activity struck perceived consequence unduly curtailing liberty freedom press assured fourteenth amendment grosjean american press murdock pennsylvania hardly novel perception compelled disclosure affiliation groups engaged advocacy may constitute effective restraint freedom association forms governmental action cases thought likely produce upon particular constitutional rights involved recognized vital relationship freedom associate privacy one associations referring varied forms governmental action might interfere freedom assembly said american communications assn douds supra requirement adherents particular religious faiths political parties wear identifying example obviously nature compelled disclosure membership organization engaged advocacy particular beliefs order inviolability privacy group association may many circumstances indispensable preservation freedom association particularly group espouses dissident beliefs cf rumely supra concurring opinion think production order respects drawn question must regarded entailing likelihood substantial restraint upon exercise petitioner members right freedom association petitioner made uncontroverted showing past occasions revelation identity members exposed members economic reprisal loss employment threat physical coercion manifestations public hostility circumstances think apparent compelled disclosure petitioner alabama membership likely affect adversely ability petitioner members pursue collective effort foster beliefs admittedly right advocate may induce members withdraw association dissuade others joining fear exposure beliefs shown associations consequences exposure sufficient answer state whatever repressive effect compulsory disclosure names petitioner members may upon participation alabama citizens petitioner activities follows state action private community pressures crucial factor interplay governmental private action initial exertion state power represented production order private action takes hold turn final question whether alabama demonstrated interest obtaining disclosures seeks petitioner sufficient justify deterrent effect concluded disclosures may well free exercise petitioner members constitutionally protected right association see american communications assn douds supra schneider state subordinating interest state must compelling sweezy new hampshire concurring opinion moment state acted solely judicial branch whether legislative judicial still application state power asked scrutinize important bear mind petitioner asserts right absolute immunity state investigation right disregard alabama laws shown substantial compliance production order petitioner deny alabama right obtain information state desires concerning purposes association activities within state petitioner objected divulging identity members employed hold official positions urged rights solely ordinary members therefore analogous case involving interest state protecting citizens dealings paid solicitors agents foreign corporations requiring identification see cantwell connecticut supra thomas collins supra whether justification instance turns solely substantiality alabama interest obtaining membership lists course hearing alabama circuit motion petitioner set aside production order state attorney general presented length examination petitioner state reason requesting membership lists exclusive purpose determine whether petitioner conducting intrastate business violation alabama foreign corporation registration statute membership lists expected help resolve question issues litigation commenced alabama bill equity whether character petitioner activities alabama make petitioner subject registration statute whether extent petitioner activities without qualifying suggested permanent ouster state without intimating slightest view upon merits issues unable perceive disclosure names petitioner members substantial bearing either matters stand state petitioner admitted presence conduct activities alabama since offered comply respects state qualification statute although preserving contention statute apply apparently complied satisfactorily production order except membership lists furnishing attorney general varied business records charter statement purposes names directors officers total number alabama members amount dues last items record appear subject constitutional challenge furnished whatever interest state may obtaining names ordinary members shown sufficient overcome petitioner constitutional objections production order already said think apparent bryant zimmerman relied support state position case involved markedly different considerations terms interest state obtaining disclosure upheld applied member local chapter ku klux klan new york statute requiring unincorporated association demanded oath condition membership file state officials copies constitution rules regulations oath membership together roster membership list officers current year laws opinion took care emphasize nature organization new york sought regulate decision based particular character klan activities involving acts unlawful intimidation violence assumed state legislature enacted statute took judicial notice furthermore situation us significantly different bryant organization made effort comply requirements new york statute rather refused furnish state information local activities hold immunity state scrutiny membership lists association claims behalf members related right members pursue lawful private interests privately associate freely others come within protection fourteenth amendment conclude alabama fallen short showing controlling justification deterrent effect free enjoyment right associate disclosure membership lists likely accordingly judgment civil contempt fine resulted petitioner refusal comply production order respect must fall iv petitioner joins attack upon production order challenge constitutionality state ex parte temporary restraining order preventing soliciting support alabama asserts fourteenth amendment precludes state action noted petitioner never received hearing merits ouster suit consider questions properly alabama noted denial petition certiorari petition raised solely question pertinent contempt adjudication ultimate aim purpose litigation determine right state enjoin petitioners business alabama question however us proceeding proper method raising questions state appellate courts pertinent underlying suit injunction appears appeal hearing merits final judgment lower state disposition appeal review sought reasons stated judgment alabama must reversed case remanded proceedings inconsistent opinion reversed certificate incorporation association provides principal objects voluntarily promote equality rights eradicate caste race prejudice among citizens advance interest colored citizens secure impartial suffrage increase opportunities securing justice courts education children employment according ability complete equality law