sweezy new hampshire argued march decided june case brought appeal appellant failed meet burden showing jurisdiction appeal properly invoked held appeal dismissed treating papers petition certiorari certiorari granted pp investigation conducted state attorney general acting behalf state legislature broad resolution directing determine whether subversive persons state recommend legislation subject appellant answered questions asked including whether communist refused answer questions related contents lecture delivered state university knowledge progressive party state members plead privilege based refusal answer questions grounds pertinent inquiry violated rights first amendment persisting refusal haled state directed answer adjudged guilty contempt judgment affirmed state construed term subversive persons broadly enough include persons engaged conduct remotely related actual subversion done completely apart conscious intent part activity also held need legislature informed subject government outweighed deprivation constitutional rights occurred process held record case appellant rights due process clause fourteenth amendment violated judgment reversed pp reversed opinions justices constituting majority see opinion chief justice joined justice black justice douglas justice brennan opinion justice frankfurter joined justice harlan concurring result post dissenting opinion justice clark joined justice burton see post thomas emerson argued cause appellant brief william phinney louis wyman attorney general new hampshire argued cause appellee brief joseph gall special assistant attorney general elmer bourque assistant attorney general chief justice warren announced judgment delivered opinion justice black justice douglas justice brennan join case like watkins ante brings us question concerning constitutional limits legislative inquiry investigation conducted aegis state legislature rather house congress places controversy slightly different setting watkins ultimate question whether investigation deprived sweezy due process law fourteenth amendment reasons set opinion conclude record case sustain power state compel disclosures witness refused make case brought appeal jurisdiction alleged rest upon contentions rejected state courts statute new hampshire repugnant constitution postponed decision question jurisdiction consideration merits parties neither briefed argued jurisdictional question appellant thus failed meet burden showing jurisdiction appeal properly invoked appeal therefore dismissed treating appeal papers petition writ certiorari petition granted cf union national bank lamb investigation petitioner summoned testify origins statute passed new hampshire legislature comprehensive scheme regulation subversive activities section defining criminal conduct nature sedition subversive organizations declared unlawful ordered dissolved subversive persons made ineligible employment state government included disability employed teachers capacities public educational institution loyalty program instituted eliminate subversive persons among government personnel present employees well candidates elective office future required make sworn statements subversive persons legislature adopted joint resolution relating investigation subversive activities resolved attorney general hereby authorized directed make full complete investigation respect violations subversive activities act determine whether subversive persons defined said act presently located within state attorney general authorized act upon motion upon information judgment may reasonable reliable attorney general directed proceed criminal prosecutions subversive activities act whenever evidence presented course investigation indicates violations thereof shall report session first day regular session results investigation together recommendations necessary legislation petitioner summoned appear attorney general two separate occasions january petitioner testified length upon past conduct associations denied ever member communist party ever part program overthrow government force violence interrogation ranged many matters petitioner world war ii military service office strategic services sponsorship scientific cultural conference world peace spoke course inquiry petitioner declined answer several questions reasons given statement read committee outset hearing declared answer questions pertinent subject inquiry well transgress limitations first amendment keeping stand refused disclose knowledge progressive party new hampshire persons acquainted organization action taken attorney general compel answers questions attorney general summoned petitioner testify june interrogation witness prior contacts communists attorney general lays great stress upon article petitioner deplored use violence capitalist countries attempting preserve social order writers thought must inevitably fall resistance article continued met violence oncoming socialism violence less condemned morally capitalism since purpose create truly human society petitioner affirmed styled classical marxist socialist article expressed continuing opinion second hearing attorney general asked petitioner refused answer questions concerning progressive party predecessor progressive citizens america nancy sweezy wife active formation progressive citizens america nancy sweezy working individuals members communist party charles beebe active forming progressive citizens america charles beebe active progressive party new hampshire work present wife charles beebe work present wife meeting home abraham walenko weare anything progressive party subject lecture tell class university new hampshire monday march socialism inevitable country advocate marxism time express opinion make statement time socialism inevitable america last lecture march former lectures espouse theory dialectical materialism petitioner adhered second proceeding reasons answering given statement first hearing maintained questions pertinent matter inquiry infringed upon area protected first amendment following hearings attorney general petitioned superior merrimack county new hampshire setting forth circumstances petitioner appearance committee refusal answer certain questions petition prayed propound questions witness hearing argument ruled questions set pertinent petitioner called witness persisted refusal answer constitutional reasons adjudged contempt ordered committed county jail purged contempt new hampshire affirmed opinion discusses two classes questions addressed witness dealing lectures progressive party progressive citizens america mention made single question concerning petitioner belief communism view hold controlling issue case however unnecessary resolve affirmatively particular question included decision state doubt legislative investigations whether federal state level capable encroaching upon constitutional liberties individuals particularly important exercise power compulsory process carefully circumscribed investigative process tends impinge upon highly sensitive areas freedom speech press freedom political association freedom communication ideas particularly academic community responsibility proper conduct investigations rests course upon legislature assembly chooses authorize inquiries behalf legislatively created committee basic responsibility carries forward include duty adequate supervision actions committee safeguard nullified committee invested broad jurisdiction authorizing resolution thus becomes especially significant reveals amount discretion conferred upon committee case investigation governed provisions new hampshire subversive activities act attorney general instructed legislature look violations act addition given far sweeping mandate find subversive persons defined act present new hampshire statute therefore measures breadth scope investigation us subversive persons defined many gradations conduct interest minimal requirements definition since outline reach according statute person subversive person means aids commission act intended assist alteration constitutional form government force violence possible remoteness armed insurrection conduct satisfy criteria obvious language statute goes well beyond engaged efforts designed alter form government force violence statute declares effect assistant assistant caught definition chain conduct attains increased significance light lack necessary element guilty knowledge either stage assistants state held definition encompasses persons engaged specified conduct whether done knowingly willfully nelson wyman potential sweep definition extends conduct remotely related actual subversion done completely free conscious intent part activity situation us many respects analogous wieman updegraff held loyalty oath prescribed state oklahoma officers employees violated requirements due process clause entailed sanctions membership subversive organizations without scienter state attempting bar disloyal individuals employ exclude persons solely basis organizational membership regardless knowledge concerning organizations belonged said dispute consequences visited upon person excluded public employment disloyalty grounds view community stain deep one indeed become badge infamy especially time cold war hot emotions man begins eye neighbor possible enemy yet oklahoma act fact association alone determines disloyalty disqualification matters whether association existed innocently knowingly thus inhibit individual freedom movement stifle flow democratic expression controversy one chief sources nature investigation attorney general authorized conduct revealed case delved minutely past conduct petitioner thereby making private life matter public record questioning indicates investigators thoroughly prepared interview acquiring new information much corroborating data already possession great majority questions witness cooperative even though made clear opinion interrogation unjustified unconstitutional two subjects arose upon petitioner refused answer lectures university new hampshire knowledge progressive party adherents state courts upheld attempt investigate academic subject ground might indicate whether petitioner subversive person taught class state university found relevant character teacher state carefully excluded possibility inquiry sustainable state interest state university warrant authorizing resolution sole basis inquiry scrutinize teacher person inquiry must stand fall basis interrogation subject progressive party deemed come within attorney general mandate party might shown subversive organization state held questions called answers concerning membership participation named persons progressive party given aid attorney general determining whether party predecessor subversive organizations new hampshire concluded right lecture right associate others common purpose political otherwise individual liberties guaranteed every citizen state federal constitutions absolute rights inquiries authorized legislature connection investigation concerning contents lecture membership purposes activities progressive party undoubtedly interfered defendant free exercise liberties state thus conceded without extended discussion petitioner right lecture right associate others constitutionally protected freedoms abridged investigation conclusions seriously debated merely summon witness compel disclose nature past expressions associations measure governmental interference matters rights safeguarded bill rights fourteenth amendment believe unquestionably invasion petitioner liberties areas academic freedom political expression areas government extremely reticent tread essentiality freedom community american universities almost one underestimate vital role democracy played guide train youth impose strait jacket upon intellectual leaders colleges universities imperil future nation field education thoroughly comprehended man new discoveries yet made particularly true social sciences principles accepted absolutes scholarship flourish atmosphere suspicion distrust teachers students must always remain free inquire study evaluate gain new maturity understanding otherwise civilization stagnate die equally manifest fundamental principle democratic society political freedom individual form government built premise every citizen shall right engage political expression association right enshrined first amendment bill rights exercise basic freedoms america traditionally media political associations interference freedom party simultaneously interference freedom adherents political ideas channeled programs two major parties history amply proved virtue political activity minority dissident groups innumerable times vanguard democratic thought whose programs ultimately accepted mere unorthodoxy dissent prevailing mores condemned absence voices symptom grave illness society notwithstanding undeniable importance freedom areas new hampshire consider abridgment petitioner rights constitution vitiated investigation view answer lies determination whether object legislative investigation consideration justify restriction thereby imposed upon defendant liberties found justification legislature judgment expressed authorizing resolution exists potential menace overthrow government force violence concluded need legislature informed elemental subject government outweighed deprivation constitutional rights occurred process conceive circumstance wherein state interest justify infringement rights fields need reach fundamental questions state power decide case state recognized weakness conclusion menace forcible overthrow government justified sacrificing constitutional rights missing link chain reasoning syllogism complete nothing connect questioning petitioner fundamental interest state petitioner interrogated legislative committee legislature relationship committee full assembly vital therefore revealing relationship questioning state interest light state emphasized factor authorizing resolution confined inquiries attorney general might undertake object investigation limitation thought stem authorizing resolution condition precedent institution inquiry new hampshire legislature specified attorney general act information judgment may reasonable reliable state construed mean attorney general must something like probable cause conducting particular investigation likely device prove adequate safeguard unwarranted inquiries legislature specified determination necessity inquiry shall left judgment investigator case record reveal reasonable reliable information led attorney general question petitioner state relied upon attorney general description prior information come possession respective roles legislature investigator thus revealed considerable significance issue us eminently clear basic discretion determining direction legislative inquiry turned investigative agency attorney general given sweeping uncertain mandate decision picks subjects pursued witnesses summoned questions asked circumstance stated authoritatively legislature asked attorney general gather kind facts comprised subjects upon petitioner interrogated instead making known nature data desired legislature insulated witnesses whose rights may vitally affected investigation incorporating reference provisions subversive activities act told attorney general effect screen citizenry new hampshire bring light anyone fits expansive definitions within broad area thus committed discretion attorney general may many facts legislature might find useful also great deal data assembly want need classes information legislature might deem desirable validly acquire effect upon constitutional rights individual citizens separating wheat chaff standpoint legislature object legislature responsibility alone make judgment case new hampshire legislature delegated task attorney general result neither state courts assurance questions petitioner refused answer fall category matters upon legislature wanted informed initiated inquiry judiciary thus placed untenable position lacking even elementary fact legislature wants certain questions answered recognizing petitioner constitutional rights jeopardy asked approve disapprove incarceration contempt view answer clear one deny infringement constitutional rights individuals violate guarantee due process state interest underlies state action thus attorney general interrogation petitioner fact wholly unrelated object legislature authorizing inquiry due process clause preclude endangering constitutional liberties believe equivalent situation presented case lack indications legislature wanted information attorney general attempted elicit petitioner must treated absence authority follows use contempt power notwithstanding interference constitutional rights accordance due process requirements fourteenth amendment conclusion reached case grounded upon doctrine separation powers federal government clear constitution conferred powers government upon three major branches executive legislative judicial contention made petitioner new hampshire legislature investigation arrogated executive judicial powers accept finding state employment attorney general investigating committee alter legislative nature proceedings moreover held concept separation powers embodied constitution mandatory state governments dreyer illinois cf tenney brandhove conclusion rest upon separation power state legislature conduct investigations responsibility direct use power insofar separation causes deprivation constitutional rights individuals denial due process law judgment new hampshire reversed footnotes laws authority attorney general continued another period laws cc determined investigation conducted concerning proper subject action legislature choice attorney general investigating committee instead committee members special board commission determinative nature investigation position chief law enforcement officer state transform inquiry otherwise legislative executive action nelson wyman attorney general new hampshire appointed office governor state council group five persons share executive responsibilities state government principal duties attorney general set forth rev stat represents state cases state prosecutes criminal cases accused charged offense punishable years prison criminal cases general supervision gives opinions questions law legislature state boards departments commissions officers questions relating official duties whenever official board given power summon witnesses take testimony power punish contempt witness refuses obey summons either appearance production things specified summons refuses testify answer question petition order compel testify compliance summons may filed superior justice thereof rev stat upon petition justice shall authority proceed matter though original proceeding may make orders impose penalties accordingly see state uphaus called testify similar investigations classified three categories first communists reason believe even communists accused danger harassment prosecution second approve purposes methods investigations third communists believe danger prosecuted yet deeply disapprove purposes methods investigations first group naturally think wholly justifiably plead constitutional privilege witnesses second group equally naturally cooperative witnesses third group faced extremely difficult dilemma know belong third group struggling problems many weeks like explain nature dilemma think important conducting inquiries public understand often said person communist nothing fear answer whatever questions put done answer course us believe investigations evil dangerous want give approval either tacitly otherwise contrary want oppose best ability persuade others likewise hope eventually abolishing altogether reasons opposing investigations captious trivial deep roots principle conscience let explain reference present new hampshire investigation official purpose inquiry uncover lay basis prosecution persons one way another promote forcible overthrow constitutional forms government leaving aside question constitutionality investigation courts think must plain reasonable person well informed conditions new hampshire today strict adherence purpose leave little room investigation obvious enough radicals dissenters kind new hampshire advocate use force violence must isolated crackpots danger anyone least constitutional form government state nation attorney general able check facts quickly issue report satisfying mandate laid upon legislature done know whole story enough come show attorney general issued considerable number subpoenas held hearings various parts state far available information allows us judge subpoenaed fallen one two groups first professors dartmouth university new hampshire gained reputation liberal otherwise unorthodox views second people active progressive party specially noted whatever may thought progressive party respect certainly devoted violent overthrow constitutional forms government contrary effecting reforms democratic procedures essence constitutional forms government pattern described accident whatever official purpose investigations always end inquiring politics ideas beliefs people hold time unpopular views federal house committee activities example supposed investigate various kinds propaganda mandate whatever years however spent almost time investigating propaganda devoted almost energies exposing people ideas affiliations associations similarly new hampshire investigation supposed concerned violent overthrow government actually turning concerned manifestations political dissent made felt state recent years first principle american constitutional form government political freedom take include freedoms speech press assembly association see denied investigations grave danger americans always claimed cherish rights genuine person exercising hauled tribunal forced penalties perjury contempt account ideas conduct let us return problem witness nothing fear nowadays styled friendly witness feels deeply follow course betrayal principles repugnant conscience courses open claim privilege witness thus avoid hateful inquisition respect decision elect take course reason rejecting public opinion present state exercise privilege almost certain widely misinterpreted one noblest precious guarantees freedom course bitter struggles terrible suffering distorted day mean confession guilt sinister undefined indeed undefinable unfortunate true public large accepted distortion scarcely listen invoked privilege alternatively witness seek uphold principles maintain integrity claiming protection fifth amendment fifteenth article new hampshire bill rights contesting legitimacy offensive questions constitutional legal grounds far first amendment limits right legislative inquiry settled moment considering case emspak case may much settle question even handed decision emspak case quite certain first amendment place limitations power investigation always open witness challenge question ground transgresses limitations necessary take issue courts decision moreover witness may required answer questions unless pertinent matter inquiry words matter inquiry present investigation according act new hampshire legislature directing investigation purpose twofold make full complete investigation respect violations subversive activities act determine whether subversive persons defined said act presently located within state studied subversive activities act care glad volunteer information absolutely knowledge violations provisions knowledge subversive persons presently located within state statements may carry full conviction prepared answer certain questions though mean concede right ask also prepared discuss views relating use force violence overthrow constitutional forms government shall respectfully decline answer questions concerning ideas beliefs associations possibly pertinent matter inquiry seem invade freedoms guaranteed first amendment constitution course applies equally several progressive party offered slate candidates national office presidential election henry wallace former vice president party selection presidency glen taylor former senator nominee party nationwide party received popular vote total votes progressive party candidates cast new hampshire statistics presidential congressional election november pp see note supra made general ruling questions concerning opinions beliefs witness pertinent nevertheless propound witness one question belief communism see note supra subversive person means person commits attempts commit aids commission advocates abets advises teaches means person commit attempt commit aid commission act intended overthrow destroy alter assist overthrow destruction alteration constitutional form government state new hampshire political subdivision either force violence member subversive organization foreign subversive organization rev stat purpose chapter organization means organization corporation company partnership association trust foundation fund club society committee political party group persons whether incorporated permanently temporarily associated together joint action advancement views subject subjects subversive organization means organization engages advocates abets advises teaches purpose engage advocate abet advise teach activities intended overthrow destroy alter assist overthrow destruction alteration constitutional form government state new hampshire political subdivision either force violence ibid state illustrated reasonable reliable information underlying inquiries progressive party quoting remark made attorney general hearing answer petitioner objection line questions attorney general declared considerable sworn testimony effect progressive party new hampshire heavily infiltrated members communist party policies purposes progressive party directly influenced members communist party none testimony part record case existence weight independently reviewed state courts point anything supported questioning subject lecture stated attorney general inquire lectures possesses reasonable reliable information indicating violent overthrow existing government may advocated taught either knowingly wilfully anything indicated petitioner knowingly innocently advocated taught violent overthrow existing government appear one point hearing attorney general said petitioner file statement person attended class read part want think fishing talk time inevitability socialist program interpretation materialist dialectic cite statement justice frankfurter justice harlan joins concurring result different case watkins ante case comes us solely limited power review action conferred upon fourteenth amendment petitioner claims respect liberties guaranteed due process clause amendment precludes state new hampshire compelling answer certain questions put investigating arm legislature narrowly circumscribed exceedingly difficult task making final judicial accommodation competing weighty claims underlie questions due process assessing claim state new hampshire information denied petitioner concern fact new hampshire chose make attorney general effect standing committee legislature purpose investigating extent subversive activities within bounds case must judged though whole body legislature demanded information petitioner make deepest inroads upon federal system hold determine appropriate distribution powers delegation within earlier justice harlan said unanimous dreyer illinois whether legislative executive judicial powers state shall kept altogether distinct separate whether persons collections persons belonging one department may respect matters exert powers strictly speaking pertain another department government determination state determination one way element inquiry whether due process law prescribed fourteenth amendment respected state representatives dealing matters involving life liberty pursuant investigation subversive activities authorized joint resolution houses new hampshire legislature state attorney general subpoenaed petitioner january extensive questioning among matters petitioner questioned details career personal life whether ever member communist party whether ever attended meetings whether ever attended meetings knew also attended party members whether knew communists state whether knew named persons alleged connections organizations either attorney general list cited activities committee house representatives ever attended meetings whether ever taught supported overthrow state force violence ever known assisted persons groups done whether ever connected organizations attorney general list whether supported written behalf variety allegedly subversive named causes conferences periodicals petitions attempts raise funds legal defense certain persons whether knew progressive party positions held whether candidate presidential elector party whether certain persons party whether communists influenced members progressive party whether sponsored activities behalf candidacy henry wallace whether advocated replacing capitalist system another economic system whether conception socialism involved force violence whether writings actions ever attempted advance soviet union propaganda line whether ever attended meetings liberal club university new hampshire whether magazine publication whether knew named persons petitioner answered questions making plain never communist never taught violent overthrow government never knowingly associated communists state socialist believer peaceful change one time belonged certain organizations list attorney general include progressive party cited house activities committee declined answer irrelevant violative free speech guarantees certain questions progressive party whether knew particular persons stated repeatedly however knowledge communists communist influence progressive party testified candidate party signing required loyalty oath know whether alleged communist leader active progressive party despite exhaustive scope inquiry attorney general subpoenaed petitioner testify june interrogation similarly sweeping petitioner answered virtually questions including concerning relationship named persons communist party causes deemed subversive state laws alleged communist influence organizations connected including progressive party participation organizations progressive party antecedent progressive citizens america refused however answer certain questions regarding lecture given university new hampshire activities others progressive political organizations opinions beliefs invoking constitutional guarantees free speech attorney general petitioned superior order petitioner answer questions categories ruled petitioner answer questions pertaining lectures progressive party predecessor otherwise pertaining opinions beliefs upon petitioner refusal answer questions sanctioned found contempt ordered committed county jail purged contempt new hampshire affirmed order superior held questions issue relevant constitutional provision permitted petitioner frustrate state demands questions petitioner refused answer regarding university lecture third given three years invitation faculty humanities subject lecture tell class university new hampshire monday march socialism inevitable country advocate marxism time express opinion make statement time socialism inevitable america last lecture march former lectures espouse theory dialectical materialism file statement person attended class read part want think fishing talk time inevitability socialist program interpretation materialist dialectic ask original question like say one thing connection wyman stated oath last appearance repeat advocate way aim overthrowing constitutional government force violence advocate lecture gave university new hampshire fact never time advocated lecture anywhere aside nothing want say lecture question weighed grave harm resulting governmental intrusion intellectual life university justification compelling witness discuss contents lecture appears grossly inadequate particularly witness sworn neither lecture time ever advocate overthrowing government force violence progress natural sciences remotely confined findings made laboratory insights mysteries nature born hypothesis speculation true pursuit understanding groping endeavors called social sciences concern man society problems respective preoccupations anthropology economics law psychology sociology related areas scholarship merely departmentalized dealing way manageable division analysis interpenetrating aspects holistic perplexities society good understanding essential need society inquiries problems speculations stimulation others reflection upon must left unfettered possible political power must abstain intrusion activity freedom pursued interest wise government people except reasons exigent obviously compelling pages need burdened proof based testimony cloud impressive witnesses dependence free society free universities means exclusion governmental intervention intellectual life university matters little whether intervention occurs avowedly action inevitably tends check ardor fearlessness scholars qualities fragile indispensable fruitful academic labor one need refer address huxley opening johns hopkins university annual reports president lawrence lowell harvard reports university grants committee great britain illustrative items vast body literature suffice quote latest expression subject also perhaps poignant plea behalf continuing free spirit open universities south africa gone unheeded university knowledge end merely means end university ceases true nature becomes tool church state sectional interest university characterized spirit free inquiry ideal ideal socrates follow argument leads implies right examine question modify reject traditional ideas beliefs dogma hypothesis incompatible concept immutable doctrine repugnant spirit university concern scholars merely add revise facts relation accepted framework ever examining modifying framework freedom reason freedom disputation basis observation experiment necessary conditions advancement scientific knowledge sense freedom also necessary creative work arts equally scientific research concern university business university provide atmosphere conducive speculation experiment creation atmosphere prevail four essential freedoms university determine academic grounds may teach may taught shall taught may admitted study open universities south africa statement conference senior scholars university cape town university witwatersrand including centlivres richard feetham chancellors respective universities petitioner stated response questions hearing know communist interest connection influence activity manipulation progressive party refused answer despite order following questions ground inquiring activities lawful political organization infringed upon inviolability right privacy political thoughts actions associations nancy sweezy wife active formation progressive citizens america nancy sweezy working individuals members communist party charles beebe active forming progressive citizens america work present wife charles beebe work present wife meeting home one abraham walenko anything progressive party attorney general possess information sufficient reasonably warrant inquiry concerning progressive party evident statement made hearings held considerable sworn testimony given investigation effect progressive party new hampshire heavily infiltrated members communist party policies purposes progressive party directly influenced members communist party political realm academic thought action presumptively immune inquisition political authority require argument inquiry barred ascertain whether citizen voted one two major parties either state national election recently difference entertained regard inquiries voter affiliations one various third parties day longer political history even though adequate protection secrecy way australian ballot come use till implications constitution national elections concept ordered liberty implicit due process clause fourteenth amendment palko connecticut frozen respectively language constitution change changing circumstances progressive society designed yield new fuller import meaning see hurtado california mcculloch maryland wheat whatever basis massive proof light history may well take judicial notice justification regarding communist party conventional political party justification afforded regard progressive party foundation fact reason established far weightier intimations appear record warrant view progressive party precludes questioning petitioner resisted regard party sure conclusion based judicial judgment balancing two contending principles right citizen political privacy protected fourteenth amendment right state striking balance implies exercise judgment inescapable judicial task giving substantive content legally enforced due process clause task ultimately committed must exercise whim must overriding judgment founded something much deeper justifiable personal preference far lies within human limitations must impersonal judgment must rest fundamental presuppositions rooted history widespread acceptance may fairly attributed judgment must arrived spirit humility counters judgment state highest end judgment escaped judgment see concurring opinions haley ohio louisiana ex rel francis resweber malinski new york compelled conclude judgment new hampshire must reversed hon centlivres recently retired chief justice south africa hon richard feetham also eminent retired south african judge inclusion question among unanswered questions appears oversight view fact petitioner attempted answer hearing stating never knowledge known members communist party new hampshire event petitioner brief willing repeat answer question attorney general desires consistent demonstrated willingness answer inquiries regarding communist party including relation progressive party progressive party ballot including new hampshire justice clark justice burton joins dissenting today denied state new hampshire right investigate extent subversive activities within boundaries manner chosen legislature unfortunately opinion reverse divided entirely different grounds four brothers join shall call principal opinion hold appointment attorney general act committee legislature results separation power investigate responsibility direct use power thereby causes deprivation constitutional rights individuals denial due process theory raised parties indeed novel one brothers frankfurter harlan agree opinion conclude internal affairs new hampshire state government concern us see dreyer illinois join reversal however ground sweezy rights first amendment violated agree neither opinion principal opinion finds attorney general given sweeping uncertain mandate decision picks subjects pursued witnesses summoned questions asked new hampshire act clearly indicates legislature determined general subject matter investigation subversive activities legislature committee attorney general properly decided witnesses called questions asked brothers surely legislature whole make decisions conclude nevertheless said legislature asked attorney general gather kind facts comprised subjects upon petitioner interrogated follows says opinion assurance questions petitioner refused answer fall category matters upon legislature wanted informed new hampshire construed state statute declared purpose investigate subversive activities within state approved use technique said questions relevant legislative purpose effect state says attorney general directed inquire furthermore legislature renewed act language twice year following sweezy interrogation laws ratifying attorney general action used words investigation provided chapter laws continued resolution approved january hereby continued full force effect form manner authority therein provided emphasis added bound state findings right strike state action unless find deprivation sweezy constitutional rights interest protecting rights greater state interest uncovering subversive activities within confines majority made findings short blocks new hampshire effort enforce law thought pennsylvania nelson left open legitimate state control subversive activity leveled interest state one intended suspend state action field subversion nation thus avoid race courthouse door federal state prosecutors cases concerning subversive activities national government interstate ramifications individual state action might effectively destroy prosecution national level thought left open wide field state action implicit opinions today contrary conclusion destroy power state field dissent wide sweep coverage principal opinion discusses way dictum due process fourteenth amendment since basis opinion placed ground think necessary raise however brothers say definition subversive person lacks necessary element guilty knowledge wieman updegraff heavily depended upon authority view expressed regard authored opinion loyalty oath case oklahoma declared ipso facto disqualified employee state failed take prescribed oath inter alia belonged subversive organizations struck act lack requirement scienter said constitutional protection extend public servant whose exclusion pursuant statute patently arbitrary discriminatory sweezy charged subversive person committee made finding fact found person sanction act new hampshire invoking statute like oklahoma act excludes one anything updegraff stands broad abstraction principal opinion suggests since conclusion majority reversing predicated first amendment questions presented see necessity discussing since principal opinion devotes largely issues believe fair ask given elaborate treatment case decided entirely different ground avail quarrel straw man view first amendment problems type case expressed dissent watkins decided today ante since majority passed problems since convinced state interest investigating subversive activities protection citizens outweighed necessity protection sweezy affirm judgment new hampshire