congress industrial organizations argued decided june congress industrial organizations jesse climenko appellant charles margiotti pittsburgh lee pressman washington appellees justice reed delivered opinion appeal presents problem constitutionality federal corrupt practices act amended labor management act section federal corrupt practices act reads stated margin indictment returned january term district district columbia two counts charging count congress industrial organizations count ii president philip murray violation federal corrupt practices act publication distribution district columbia issue vol date july cio news weekly periodical owned published cio expense funds cio consent president murray number cio news question carried upon front page statement murray president cio urging members cio vote judge ed garmatz candidate congress maryland special election held july statement said made despite belief section unconstitutional abridged rights free speech free press free assemblage guaranteed bill rights defendants moved dismiss indictment ground construed applied upon face abridged cio members murray freedom speech press assembly right petition government redress grievances violation constitution classification labor organizations arbitrary provisions vague contravention bill rights terms section invasion rights defendants protected ninth tenth amendments district sustained motion dismiss ground clear present danger public interest found circumstances surrounding enactment legislation asserted abridgment freedoms first amendment unjustified order granting motion dismiss district defined ruling follows portion section corrupt practices act amended section relations act prohibits expenditures labor organization connection election presidential vice presidential electors senator representative delegate resident commissioner congress voted connection primary election political convention caucus held select candidates foregoing offices unconstitutional accepted jurisdiction government appeal criminal appeals act briefs arguments submitted us support attack constitutionality federal corrupt practices act least far unconstitutionality declared order admit duty pass upon contention appeal crimn al appeals act except cases logical necessity petrillo although case turned constitutionality provision criminal appeals act require us pass upon constitutionality federal statute indictment state offense terms cohen grocery compare carbone first obligation decide whether indictment offense hereafter conclude indictment charge acts embraced within scope opinion limited issue presently essential parts indictment set margin noted paragraph allege source cio funds paragraph indicates face cio news regularly published weekly periodical challenged issue vol funds used may obtained subscriptions readers portions cio membership dues directly allocated members pay general special receipts read indictment charging expenditure cio circulating free copies nonsubscribers nonpurchasers among citizens entitled receive copies cio news members union indictment count paragraph charged cio making expenditures funds cost distribution paper paragraph paying approximately postal charges challenged issue said article distributed third congressional district state maryland elsewhere connection special election held congressional district fifteenth day july paragraph allegations certain extra copies set marginal note supra extras assume published pursuant order murray article conclude indictment charges nothing extras extra copies published distribution distributed regular course members purchasers allegation made expenditures distribution paper regularly entitled receive scope section construction section applied indictment turns range word added section labor management act indicated note supra used word art definitely defined meaning applicability word prohibition particular acts must determined circumstances surrounding employment reach meaning raised questions congressional consideration bill contained present text section cover comments upon political personages events corporately owned newspaper unincorporated trade associations make expenditures radio station give time political speech comments radio commentator expenditure running free favorable publicity prospective candidates illegal id corporately owned religious papers supporting candidate moral grounds league purpose congress dominant factor determining meaning better key difficult problem statutory construction law challenged statute emerged remedial laws interpreted light previous experience prior enactments doubt exists disregard informed congressional discussion section labor management relations act section without history earliest legislative antecedent act january provided shall unlawful national bank corporation organized authority laws congress make money contribution connection election political office shall also unlawful corporation whatever make money contribution connection election presidential electors representative congress voted election state legislature senator stat legislation seems motivated two considerations first necessity destroying influence elections corporations exercised financial contribution second feeling corporate officials moral right use corporate funds contribution political parties without consent stockholders next important legislation federal corrupt practices act statute legislative response decision newberry cf classic newberry case held federal limitation upon expenditures candidates unconstitutional applied expenditures made course primary election senate case directly concern act widely construed invalidated federal corrupt practices legislation relating nominations therefore act reenacted earlier prohibitions corporate contributions political purposes two significant changes phrase contribution changed read primaries conventions expressly excluded scope legislation statute immediately preceding time war labor disputes act act extended duration prohibitions act labor organizations legislative history indicates congressional belief labor unions put restraints imposed upon corporations felt influence labor unions exercised elections monetary expenditures unfair individual union members permit union leadership make contributions general union funds political party individual member might oppose congress began consider labor management act guide presidential election election conducted amendment act analyzing experience election serious defect found wording act difficulty word read narrowly various special congressional committees investigating campaigns concept thought confined direct gifts direct payments since obvious statute construed easily circumvented indirect contributions extended prohibition labor management relations act subject extensive debates congress embracing number controversial issues discussion necessarily covered wide range surprising therefore find congressional explanation intended scope specific provision issue scanty indecisive find however senate debates definite indication congress intend include within coverage section expenditure costs publication described indictment stated numerous suppositional instances acts corporations unions approach border line expenditures declared unlawful corrupt practices act dealing appeal scope applied indictment charges certain allegedly illegal acts propose confine examination legislative history statements tend show whether congressional purpose forbid challenged publication example senator taft chairman committee labor public welfare one conferees senate answered inquiries follows barkley suppose particular publication referred senator florida published paid subscriptions paid publication membership railway labor organization taft perfectly lawful way done barkley suppose paid union funds collected various labor unions taft perfectly proper barkley senator ohio referred law prohibiting making direct indirect contributions corporations justification making provision case labor unions let us consider publication corporation day day takes position one candidate favor another candidate editorials editorials occupy space newspaper publication space costs certain amount money direct indirect contribution campaign neither taft say operation newspaper barkley true operation newspaper gathered impression referring present law prohibiting making contributions directly indirectly corporations senator inferred corporation publishes uses editorials publication advocacy opposition candidate least direct contribution campaign anything else taft think either direct indirect contribution think expenditure sort prohibited seems simply ordinary operation particular corporation business barkley president let ask senator question let us suppose labor organization publishes newspaper information benefit members let us suppose published regularly whether daily weekly monthly paid fund created payment dues organization rer esents let us assume newspaper sold streets let us assume certain subscription month year charged newspaper senator ohio advise us measure newspaper take editorial position respect candidate public office without violating measure taft supported union funds think newspaper prepared distributed circulated means expenditure union funds line drawn political literature pamphlets publications nature perfectly easy labor union publish lawfully bona fide newspaper charge subscriptions newspaper either corporation ball case union papers understand subscriptions union members collected along dues earmarked portion dues union collects remits paper form subscriptions take different category case union makes blanket subscription appropriation union dues taft think paper speak going concern take whatever position wants magnuson teamsters unions publish newspapers dealing matters unions interested true many unions pending measure becomes law unions prohibited cating newspapers support political candidates taft correct unless sell papers publish members members desire buy case expenditure purpose union funds magnuson president senator yield let ask another question funds labor unions come dues paid members activities unions based upon expenditure funds provided dues money union treasury pending bill become law mean labor organs existence prohibited participating campaign favoring candidate mentioning name endorsing public office taft think means union issue newspaper charge members newspaper members buy copies newspaper union put matters newspaper wants union separate payment dues payment newspaper members willing members willing subscribe kind newspaper presume members willing union publish newspaper unions done last year organize something like pac political organization receive direct contributions long members union know contributing dues pay union treasury used purpose senator ellender also one conferees made statement say senator florida event union funds used political contributions union becomes liable green talk wants pays time members union desire make individual contributions purpose another thing unions operate manage newspapers maintained advertisements subscriptions members union sources proceeds newspapers union funds cases newspapers print anything desire violate law long union funds used pay operatin newspapers political purposes summary development quotation excerpts discussion congress concerning turn interpretation determination whether covers circumstances charged indictment members joining opinion place reliance upon legislative history opinion evidences reach conclusion without consideration history previously noted clear congress keenly aware constitutional limitations legislation danger invalidation courts enactment threatened abridgment freedoms first amendment want pass legislation threaten interferences privileges speech press undertake supersede constitution obligation rests also upon construing congressional enactments take care interpret avoid danger unconstitutionality construed prohibit publication corporations unions regular course conducting affairs periodicals advising members stockholders customers danger advantage interests adoption measures election office men espousing measures gravest doubt arise minds constitutionality far many statements made floor congress may indicate thought time certain members congress language carried restrictive meaning conflict adopted hold language coupled dangers unconstitutionality supports interpretation placed upon congress coupled word word practical operation previous elections showed need strengthen bars misuse aggregated funds gathered control single organization many individual sources apparently added eradicate doubt raised reach extend greatly coverage section one find indications exchanges participants debates informed proponents opponents thought went far forbid periodicals regular course publications taking part pending elections segregated subscription advertising sales moneys adequate support course periodical financed corporation labor union purpose advocating legislation advantageous sponsor supporting candidates whose views believed coincide generally deemed advantageous organization different level newspapers devoted solely dissemination news line separating two classes clear absence definite statutory demarcation location line must await full development facts individual cases one thing say trade labor union periodicals published regularly members stockholders purchasers allowable quite another say connection election occasional pamphlets dodgers free copies widely scattered forbidden senator taft stated senate floor funds voluntarily contributed election purposes might used without violating section papers supported subscriptions sales might likewise published members unions paying dues stockholders corporations know practice respective organizations regularly publishing periodicals require explicit words act convince us congress intended bar trade journal house organ newspaper published corporation expressing views candidates political proposals regular course publication unduly stretching language say members stockholders unwilling participants normal organizational activities including advocacy thereby governmental policies affecting interests support thereby candidates thought favorable interests conclusion indictment charges cio president published union funds regular periodical furtherance aims president murray authorized use funds distribution issue regular course accustomed receive copies periodical issue statement described beginning opinion violated corrupt practices act unwilling say congress prohibition corporations labor organizations making connection election candidates federal office intended outlaw tion think reaches use corporate labor organization funds express opinion scope section different circumstances exist none upon constitutionality section conclusion leads us affirm order dismissal upont ground herein announced ordered affirmed justice frankfurter concurring government operating constitutional limitations obvious advantages knowing legal powers government desire secure advantages explains strong efforts ablest members philadelphia convention associate judiciary council revision legislative process efforts failed disadvantages role judiciary deemed greater advantages often recalled first chief justice associates felt constrained withhold even father country answers questions regarding washington anxious illumination pertaining president powers napoleonic conflict see johnston correspondence public papers john jay sparks writings washington see thayer legal essays accordingly fact convenient parties public know promptly whether statute valid affected insistence limiting adjudication actual end developed ernance cases confessedly within jurisdiction series rules avoided passing upon large part constitutional questions pressed upon decision justice brandeis concurring ashwander tennessee valley authority see also recently alabama state federation labor mcadory alma motor axle public workers america mitchell rescue army municipal case controversy sense litigation ripe right constitutional adjudication implies real active clash views based upon adequate formulation issues bring challenge congress enacted inescapably matter thus put authoritative commentator determination constitutional questions associated strictly judicial function far possible removed contentions politics questions decided full argument contested cases light afforded real contest opinions questions highest importance safely rendered charles evans hughes time lessened force reason requirement abstention indicated chief justice marshall questions brought judicial tribunal greater delicacy involve constitutionality legislative act become indispensably necessary case must meet decide case may determined points respect legislature requires obligation laws unnecessarily wantonly assailed ex parte randolph page page brock order contest may fairly invite adjudication necessary parties personally inimical one another hand fact outward form litigation contrived parties preclude want real contest whc essential exercise function one gravity delicacy passing upon validity act congress ashwander tennessee valley authority supra page page cases cited prerequisite may lacking though entire disinterestedness sides desire secure earliest possible moment adjudication constitutional power may lacking precisely issues formulated broadly bring gratuitously necessity decision invite formulation rule constitutional law broader required precise facts situation terms assailed legislation see liverpool commissioners emigration see also statement america amicus curiae burco whitworth government brief landis north american concerned derogatory implications collusion case mootness technical meaning existent controversy circumstances bring present record within considerations led past governance cases confessedly within jurisdiction avoid passing grave constitutional questions questions involving power congress come us shaped record proceedings bring powers leanly sharply judicial judgment upon exercise congressional power requires case unique jurisdiction criminal appeals act amended whereby decisions district courts raise almost abstract questions law regarding invalidity construction criminal statutes come setting normal adjudications merits controversy compare petrillo subsequent adjudication merits petrillo important decision result due weighing considerations alone justify invalidation act congress implies presented district effective least misapprehending legal grounds supporting congress enacted time constitutional adjudication sedulously resisted presenting district alternative constructions congress written avoid fairly possible invalidation statute decision district case comes us wanting respects according district government conceded act abridgment guaranteed first amendment contended power article section constitution abridge first amendment rights considers course necessary maintaining purity freedom elections representation government argument made opinion district twice thrice bar urged behalf government district misconceived arguments government district attributed government government argued ordinary english words lost meaning district judge say unequivocally three times government argued whistled away gauche manner saying inasmuch utterance may certain circumstances restricted violation first amendment may argument put plainly enough understand say lower dealt problem constitutionality argument pitched differently way reached misapprehension corrected effort made familiar process petition rehearing clarification opinion see lower manifested understanding government contentions attributing erroneous position government see instance petition rehearing morgan defendants urge ordinarily way defendants construction statute afford rights secure rights declaring act congress unconstitutional appropriate restriction scope motion gives construction statute takes conduct defendants indicted scope statute without bringing conflict congress confident construction salvages statute time safeguards constitutional rights defendants might commended district eventually brought different case review escape conclusion natural eagerness elicit decision earliest possible moment side least unwittingly ally bringing questions constitutionality circumstances best teachings admonish us entertain since brethren find case calls adjudication join opinion another rule constitutional adjudication requires us give statute allowable construction fairly avoids constitutional issue see dissenting opinion shapiro justice rutledge justice black justice douglas justice murphy join concurring result taken cover costs political publication labor union think prehends made case reading section order pass upon validity effect abdicates function guise applying policy deciding questions constitutionality unnecessarily adhere policy think stifies invasion legislative function rewriting emasculating statute judgment done instance accordingly dissent construction given statute misapplication policy also think statute patently invalid applied circumstances interpretation section indictment entirely clear understand ruling forbid labor unions take part pending publishing circulating newspapers regular course among membership although costs publication paid union general funds regardless source whether subscriptions advertising revenues returns per copy sales union dues sources line coverage marked without reference source union derives funds whether others members union receive free copies publication whether publication regular course casual occasional distributions apparently latter event circulation limited membership fall within prohibition well free perhaps also paid distribution outside circle construction therefore comes finding congress intend forbid expenditures though made union funds since made sustain publication union political views regular course publishing distributing union newspaper distribution limited union members including outsiders applying type expenditure raise gravest doubt section constitutionality holds section inapplicable interpretation tenably supportable basis accord happy solution neither langauge section history affords basis unless indeed may wording broad comprehensive indefinite possible construction apply union publication political views subject equally grave constitutional doubt therefore intended covered indeed far present opinion concludes may case hold distribution outside circle membership even regular course forbidden prohibition constitutionally permissible neither rule either consequence follow casual occasional distribution within without circle indicated section probably possibly covers situations one eliminated seems corresponding intimation section valid coverage fact opinion points situation relating union expression political views certainly taken included validly course comes excluding present circumstances save statute applications clearly validly covered applications may may covered covered may equally nearly doubtful constitutionally course construction followed instance indictment particular facts mean section apply instance publication present gravest doubt constitutionality therefore excluded language amended sweepingly comprehensive insofar presently pertinent forbids labor unions well corporations make contribution expenditure connection election designated federal officers voted including primaries conventions caucuses held select candidates emphasis added crucial words connection literally cover expenditure whatever relating rate pending election possibly prospective elections elections already held broad dictionary meaning word takes added color context legislative history clear added amendment expressly cover situations previously included within accepted legislative interpretation coloration added therefore restrictive expansive see note absence indication restriction light scope coverage found legislative history one turns source finds veritable fog contradictions relating specific possible contradictions necessarily bred among proponents opponents amendment breadth indefiniteness literal scope language used one important respect history clear namely sponsors proponents mind three principal objectives reduce come regarded light recent experience undue disproportionate influence labor unions upon federal elections preserve purity elections official conduct ensuing choices made use aggregated wealth union well corporate entities protect union members holding political views contrary supported union use funds contributed promote acceptance opposing views shortly objects may designated influence elections protection objectives obviously interrelated identical differences well combination become important deciding scope section coverage validity specific application objects mind throwing light section coverage broad language employed turn legislative history subject government centers discussion coverage constitutionality around protection objective legislative discussion taking place almost exclusively senate dominated largely labor management act sponsor body also took purpose central theme discussion ranged around great variety possible specific concentration upon scope validity provision senate sponsor responded flood inquiries candor far possible precision certainty concerning particular situations view section although numerous instances equally candid stating doubt disability give positive opinions times absence facts significant question coverage however construction case fact making responses numerous varied inquiries tested coverage invariably nearly applying criterion discards namely source funds received expended making political publication view primary purpose amendment protection line drawn section expenditure funds received union expressly purpose publication earmarked purpose hand expending funds limited person source supplying strong opposition provision spirited exchange proponents critics measure concerning wisdom constitutionality disagreement among sponsor test intended criterion indeed legislative discussion stated explicitly purpose making plain beyond question although many differences whether specified types activity fall criterion ban doubts concerning others purpose succeeded divergence view political comment union paper instrumentality using nonsegregated funds within section coverage source expenditure violated intended prohibition section whether publication regular course whether went others members persons accustomed receive therefore sponsor steadfast view weight determine coverage statute indefinite terms wright vinton branch dickerson american trucking wrightwood dairy case brought squarely within prohibition conclusively established excerpts legislative discussion quoted opinion others effect added one appendix moreover message vetoing labor management act president stated prevent ordinary union newspaper commenting favorably unfavorably upon candidates issues national elections sess debate preliminary overriding veto none legislators charge measure gave indication differed presidet interpretation differed statement veto message gave effect clearly expressed views section coverage specific instance stated thus face legislative judgment reiterated veto chief executive making veto sets aside one clearly intended feature statute apart general objectives doubt upon matter construction heretofore far presumed override plainly incontrovertibly stated judgment participants legislative process tortuously fashioned view construction doctrine strict necessity invasion legislative process emasculation statute justification avoid deciding question validity ii concerned case constitutionality amended insofar may applied restriction abridgment rights freedom speech press assembly secured first amendment applications question little doubt congress power regulate making political contributions expenditures labor unions well organizations individuals interest free pure elections prevention official corruption appropriate measures trenching basic rights regulation prohibition touches duty bound examine restrictions decide independent judgment whether abridged within amendment meaning office surrendered legislative judgment however weighty although judgment always entitled respect declared repeatedly judgment bear weight entitled presumption validity legislation face specific application restricts rights conscience expression assembly protected amendment given regulations tendency presumption rather legislative intrusion domains absolute enforced suffender rights must justified existence immediate impendency dangers public interest clearly dubiously outweigh involved restrictions upon foundation democratic institutions grounded institutions freedoms religion conscience expression assembly hence doubtful intrusions allowed stand consistently amendment command therefore usual presumptions constitutional validity deriving weight legislative opinion matters largely within legislative province special competence obtain light spirit principles validity claimed applicable must determined tset government admits prohibiting expenditures connection federal election play rights freedom speech press assembly necessary consequence construction section presently attempted application claimed unconstitutional abridgement involved said congress power act preserve freedom purity federal elections art official action thus claimed first amendment guaranties balanced constitutional provision congress exercise authority granted entitled weight presumptive validity placing limits upon freedoms attaches favor connections accordingly usual preeminence accorded first amendment liberties disappears said legislative judgment rational basis fact policy becomes controlling apart question whether argument might applicable powers granted congress constitution destroy principles stated securing preferential status first amendment freedoms argument ignores equally settled corollary principles statutes restrictive purporting place limits freedoms must narrowly drawn meet precise evil legislature seeks curb cantwell connecticut thornhill alabama schneider state de jonge oregon saia new york conduct proscribed must defined specifically ths person persons affected remain secure unrestrained rights engage activities encompassed legislation blurred signposts criminality suffice create cantwell connecticut supra stromberg california cf thomas collins winters new york section falls far short meeting requirements terms infused meaning legislative history true whether section considered relation one another evils said targets reference taken together evil taken corruption national elections federal officials expenditure large masses aggregated wealth behalf statute neither phrased limited even legislative construction indeed government explicitly argue corruption per se arising union expenditures publication sense gave rise original later legislation corporate contributions war labor disputes act little legislative history directly suggests evil although inferences implicit statements entirely mind also government argument government stresses influence unions making expenditures way publication support candidates political issues involved campaign rather corruption gross sense maintains large expenditures unions publicizing official political views bring undue supposedly disproportionate sway electoral sentiment official attitudes short power unions become great influencing electorate public officials permit expenditure funds directly openly publicizing political views asserted evil uprooted prohibition union expenditures regulation specifically drawn meet course obvious differences evils arising grosser forms assistance usually associated secrecy bribery corruption direct subtle necessary stop point discuss except say asserted beneficial tendency restrictions upon expenditures publicizing political views whether group individual certainly counterbalanced extent loss democratic processes resulting restrictions upon free full public discussion claimed evil one unmixed good suppression destroys good bad unless precise measures taken prevent expression bloc sentiment always integral part democratic electoral legislative processes hardly go without moreover extent necessary attempt delimiting right secured guaranty freedom assembly liberty essentially coordinate freedoms speech press conscience cf bowe secretary commonwealth mass accident explicit design said thomas collins supra page page freedoms coupled together first amendment assurance involve right hear well speak restriction upon either attenuates therefore effect restricting expenditures publicizing political views inherently present restricting types expenditure namely necessarily deprives electorate persons entitled hear well author utterance whether individual group advantage free full discussion right free assembly purpose complete exercise rights essential full fair untrammeled operation electoral process extent curtailed electorate deprived information knowledge opinion vital function say labor unions nothing value contribute process vital legitimate interest ignore obvious facts political economic life increasing interrelationship modern society cf demille american federation radio artists ostrichlike conception enforced law deny values unions thus extent members also voting public general compare restrictions necessarily resulting loss public good others creating identify essentially different things cases identical loss inherent restrictions upon expenditures publicizing views necessarily involved expenditures difference course brings play first amendment prohibitions ciples giving presumptive weight intrusions encroachments upon area amendment reserves legislative annexation difference fact restriction seeks contract boundaries expression right hear previously considered open forces upon authors burden justifying contraction demonstrating indubitable public advantage arising restriction outweighing disadvantages thus reversing direction presumptive weight cases therefore evil organized groups unrestricted freedom make expenditures directly openly publicizing political views information supporting cf bowe secretary commonwealth supra mass page page follow one requires complete prohibition right ibid neither consistent amendment spirit purpose essential correction evil whether considered corruptive influence merely influence undue disproportionate political weight necessary consider whether restricting rights individuals singly organized relationships publicize political views rights often essential survival always well accommodated instances amendment purpose justified legislative judgment persons unless restricted acquire influence electoral process influence connection may represent convincing weight argument fully presented thing amendment electoral process protects intended bring one may question far legislators may go accurately assessing undue disproportionate weight distinguished making substantially accurate findings conclusions concerning corruption even right sway others persuasion assumed subject curtailment interest preventing grossly unbalanced presentations right wholly denied bowe secretary commonwealth supra mass page page restricted beyond reasonably clearly necessary correct evil gross immediate correction indubitably outweights loss public interest resulting restriction restriction practical effect prohibition regulation considered respect objects suppressing corruption influence limitation prohibition upon expenditure union funds connection federal election unions act speak today spending money indeed true nearly every organization even individuals action effective said course senate debates interdiction applies dollar cents showing legislative otherwise corruption widespread influence dominating possibly justify absolute denial basic rights statute whether terms given meaning legislative history narrowly drawn meet precise evils corruption influence controlling object legislation appear restrictions specifically defined considered defined leave union secure unrestrained right engage activities within region first amendment coverage encompassed legislation stated protection idea became dominantly stressed one senate debates although face gave slight suggestion purpose indication section terms prohibition turns source funds expended derived language bearing case connection election literally union expenditures connection outlawed word suggest unions spend funds manner contributed expressly purpose derived sources advertising revenues subscriptions received connection publication paper regular course otherwise limitation prohibition funds received generally without specific designation use political publicity almost wholly construction senate sponsor far appears legislative history notwithstanding accepted canons statutory construction certainly going far expect laymen even lawyers read statute lacking specificity concerning basic criterion semblance understanding limitations lawyer might indeed read congressional record conclude source funds used crux even left broad deep doubt whether turn multitudinous situations one way section taken nevertheless intended draw sponsor line distinction restriction makes remains drastic one effect merely one minority protection also one majority prohibition cf demille american federation radio artists supra section construed accepted principle majority rule become bulwark indeed perhaps leading characteristic collective activities rejected favor atomized individual rule action matters political advocacy ibid union activities political publicity confined use funds received members explicit designation given advance purpose funds received members thus expended others even large majority members paid dues general understanding portions used given explicit authorization funds employed true even large majority complete sympathy political views expressed union behalf expenditure money however small true union ask many instances secure required explicit assents seems suggested might done expressly designating specific portion dues political uses possibly though clearly constitutional provision possibly earmarking upon statements dues payable made clear whether member coud refuse pay earmarked portion retain membership pay remain status latter true section affords little real protection former dissentient given benefit derived union political publicity without pay part cost another important highly doubtful questions raised section wording construction section merely deprive union principle majority rule political expression cf demille american federation radio artists supra rests upon presumption majority accord elected officials political viewpoint expression presumption applicable casts burden ascertaining minority individual dissent upon dissenters upon union officials former situation may arise indeed one notable instance done instance hardly taken normal usual case unions must often operate electoral process principle majority rule latter situation seem reasoanble presume dissent mere absence explicit assent especially view established union practice merely dissenter protection intended sufficient securing permit dissenting members carry burden making known position relieve duty pay dues portions applied forbidden uses without jeopardy rights members clearly sufficient seem protect dissenting members use funds contributed purposes disapprove deprive union right use funds concurring members often otherwise majority without securing express consent advance use view facts section broadly drawn necessary reach intended evil moreover demonstrates opinion protection perhaps dominant object enactment object rather force unions entirely political life activity including presently pertinent purposes expression organized viewpoint concerning matters affecting vital interests crucial point expression become effective cf thomas collins supra pages page board education barnette bridges california come back conjunction objectives taken together claimed sustain section validity vr great infringement individual well group freedoms affecting vast numbers citizens labor unions deprived right expression upon pending political matters affecting interests need decide whether gone far assume objects said motivation enacting sustain substantial limitations upon rights free expression assembly support sweeping highly indefinite restrictions placed upon whether section drawn legislatively construed sought applied difficult conceive statute affecting rights lacking precision broad scope doubt uncertainty reach broad indefinite words connection election apart literal sweep large area doubt created efforts confine connection forbidden political comment sorts union activities outside publishing newspaper unsegregated funds fall ban catalogue doubt uncertainty need extended throughout preceding discussion coverage validity instances noted demonstrate encyclopedic scope case one hard core certain prohibition formed fringe doubt narrow scope outer boundary indeed difference view taken taken senate presumably house shows even core soft gambles statute added guessing perimeter center lessened today decision eliminating one application legislative discussion sought make clear vagueness uncertainty vast seeking restrict delimit first amendment freedoms wholly war constitutional principles surrounding delimitation measure neither requirement narrow drafting meet precise evil sought curbed one conduct proscribed must defined sufficient specificity blanket large areas unforbidden conduct doubt uncertainty coverage respect amendment policy adds force due process definition crime forbid consequences cf winters new york supra statute outlaws union expenditures expression political views bludgeon curbing evils said justify enactment without also curbing rights section less exact thing forbidden loosely defined consequent cloud cast things proscribed within amendment bearing far great aspect view criminal sanctions imposed section serves prior restraint upon freedoms expression assembly amendment designed secure master walk perilous wire strung section criterion force considerations vastly multiplied recalled unless effective nullify section application publicizing activities broadly prohibitive blanketing consequences applicable also similar corporate political expressions possibly excepting even regularly conducted corporate press true instance senate sponsor contrary view meet fate view section application presently involved situation met moreover sponsor view special editions apparently free distribution corporate publishers containing political items appear fall ban argument applying sustaining section presently attempted application gone largely upon assumption valid applied similar corporate publications excepting possibly regular press assumption one justified decision final voice matters course important legal economic differences remaining corporations unincorporated associations including labor unions justify large distinctions legal treatment whatever extent may true follow broadside blanketing prohibitions attempted restriction freedom expression assembly valid corporate applications porations held within first amendment protection restrictions upon circulation madia expression grosjean american press therefore taken merely upon legislative assumption practice judgment restrictions upon freedoms expression corporations valid matters settled finally spoken finally taken construction opinion constitutionality stands better case know nothing amendment policy history turns permits turning applicability protections upon difference regular merely casual occasional distributions indeed pamphleteering common mode exercising freedom press time amendment adoption intended tolerate exclusion form exercising freedom making difference distribution members distribution outsiders public whether without price make constitutional difference amendment make protections turn whether hearer reader pays pay publication privilege hearing oral written pronouncement neither freedom speech press right peaceable assembly restricted persons pay statute claimed interest free honest elections curtails freedoms make possible exercise franchise informed thinking electorate indiscriminate blanketing every expenditure made connection election serving prior restraint upon expression fact forbidden well upon squared first amendment appendix pepper wish ask senator may question newspaper called labor published railway labor executives permitted put special edition paper example support president truman democratic candidate presidency next year opposition senator ohio republican nominee presidency stating president truman friend labor senator ohio friendly labor called political expenditure part labor organization taft supported union funds contributed union members union dues violation law yes exactly railroad using stockholders funds published advertisement newspaper supporting one candidate another paper called labor operated independently derives money subscribers course violation prohibition labor organization using funds either contribution political campaign direct expenditure funds behalf pepper yet senator ohio says newspaper labor published railway labor executives permitted publish statement saying supported president truman opposed candidate taft vice versa say deprivation freedom press taft said union funds used purpose conduct paper wanted corporation conduct newspaper labor organization able publish pamphlets special newspapers one candidate favor another candidate using funds organization collected union members id pepper president call attention senator ohio following practice railway labor executives past certain candidate unfriendly interests labor publish special edition paper put special edition circulation area candidate running office place hands members also hands public generally taft exactly allowed pepper well want definitely understood senator ohio intends outlaw privilege part labor taft perfectly clear perfectly clear union funds used interfere political campaigns political candidates either favor one candidate another candidate id barkley labor organization publishing political newspaper benefit expenses publication distribution paid funds raised means payment dues members union understand certain portion dues goes publication paper order newspaper take position respect candidate charge subscription month year order might express views respect taft inclined think corporation gets regular house organs members corporation interferes political election one house organs violates corrupt practices act id magnuson order determine meaning let us assume concrete example international brotherhood teamsters newspaper published many years circulation probably distributed members newsstand price appears advertisements accepted prohibition prohibited future mentioning editorial columns regular circulation without adding anything additional support certain candidate certain political party taft discussed discussed question whether newspaper supported effect contributions corporations labor organizations paid people received latter think expenditure union funds contribt ions union simply takes union funds publishes newspaper uses political organ effort elect defeat one man prohibited id magnuson pending bill become law mean labor organs existence prohibited participating campaign favoring candidate mentioning name endorsing public office taft think means union issue newspaper charge members newspaper members buy copies newspaper union put matters newspaper wants union separate payment dues payment newspaper members willing members willing subscribe kind newspaper presume members willing union publish newspaper unions done last year organize something like pac political organization receive direct contributions long members union know contributing dues pay union treasury used purpose id footnotes labor management relations act stat enacted june sec unlawful national bank corporation organized authority law congress make contribution expenditure connection election political office connection primary election political convention caucus held select candidates political office corporation whatever labor organization make contribution expenditure connection election presidential vice presidential electors senator representative delegate resident commissioner congress voted connection primary election political convention caucus held select candidates foregoing offices candidate political committee person accept receive contribution prohibited section every corporation labor organization makes contribution expenditure violation section shall fined every officer director ofa ny corporation officer labor organization consents contribution expenditure corporation labor organization case may violation section shall fined imprisoned one year purposes section organization means organization kind agency employee representation committee plan employees participate exists purpose whole part dealing employers concerning grievances labor disputes wages rates pay hours employment conditions work additions italicized thornhill alabama west virginia state board education barnette thomas collins cited times hereinafter mentioned said defendant cio owned composed edited published weekly periodical known cio news said defendant cio paid costs made expenditures necessary incidental publication distribution said periodical cio news funds said defendant cio including salaries editors contributors writers texts set forth said periodical including also cost printing said periodical cost distribution said periodical payments expenditures including representing cost distribution issue said cio news date july designated volume made said defendant cio washington district columbia within jurisdiction defendant cio also caused one thousand copies issue publication cio news dated july designated issue known volume specially moved transported washington district columbia third congressional district state maryland mailing said one thousand extra copies regional cio director baltimore maryland caused funds said defendant cio expended printing packaging transportation said extra copies periodical cio news connection aforesaid special election direction form therefore directed requested editor cio news publish statement including following paragraphs give issue cio news proper circulation among members cio unions city baltimore particularly within congressional district election scheduled take place kirby wall hawaii mankichi fort smith mills katz guaranty trust keifer keifer reconstruction finance corporation note american trucking burnet harmel boston sand gravel harrison northern trust see see hearings house committee election president sess criminal code codified revised amended penal laws country passed stat act reenacted stat stat amended stat stat defined include gift subscription loan advance deposit money anything value includes contract promise agreement whether legally enforceable make contribution stat stat stat unlawful labor organization make contribution connection election presidential vice presidential electors senator representative delegate resident commissioner congress voted candidate political committee person accept receive contribution prohibited section stat offenses committed prior date provisions act amendments made act shall cease effective end six months following termination hostilities present war proclaimed president upon date prior date proclamation passage concurrent resolution two houses congress stating provisions amendments shall cease effective appendix see hearings subcommittee committee labor sess cong sess see hearings supra see sess supra sess part sess see note supra point repeatedly emphasized senate debates see delaware hudson elementary constitutionality statute assailed statute reasonably susceptible two interpretations one unconstitutional valid plain duty adopt construction save statute constitutional infirmity knights templars mason life indemnity jarman unless rule considered meaning duty first decide statute unconstitutional proceed hold ruling unnecessary statute susceptible meaning causes repugnant constitution rule plainly must mean statute susceptible two constructions one grave doubtful constitutional questions arise questions avoided duty adopt latter harriman interstate commerce federal trade commission american tobacco missouri pac boone cf blodgett holden compare discussion problems society cardinal principle americanismäa principle zealous preserve pennekamp florida case confronts us duty system places say individual freedom ends state power begins choice border always delicate perhaps usual presumption supporting legislation balanced preferred place given scheme great indispensable democratic freedoms secured first amendment thomas collins first amendment speak equivocally prohibits law freedom speech press must taken command broadest scope explicit language read context society allow bridges california see see farrand records federal convention et et id et et seq government concedes rights guaranteed first amendment abridged prohibition expenditures labor organizations connection elections says congress power article section constitution abridge first amendment rights considers course necessary maintaining purity freedom elections confronted necessity passing validity section act insofar relates expenditures labor organizations connection federal elections insisted government congress abridge freedoms guaranteed first amendment government concedes done constitutional control manner holding elections consequent power prevent corruption therein secure clean elections support argument congressional control elections may exercised abridgement rights protected first amendment government points case public workers mitchell section corrupt practices act amended labor management relations act stat rescue army municipal ashwander valley authority concurring opinion justice brandeis pages pages federation labor mcadory public workers mitchell statutory wording expenditure connection election presidential vice presidential electors senator representative delegate resident commissioner congress voted connection primary election political convention caucus held select candidates foregoing offices indictment explicitly charges cio news regularly weekly published costs publication distribution including issue question paid union funds allegation concerning source whether revenues connected earmarked receipt paper sources specifically connected opinion fairly assume allegations limited expenditure funds derived subscriptions advertising revenues returns per copy sales opinion explicitly holds source funds immaterial coverage type publication circulation involved opinion phrase regular course accustomed receive copies emphasis added room seems left inference insubstantial distribution outside membership tend bring case within section terms see note section presently effective quoted full note opinion construed legislative committees investigating campaign expenditures prior see notes though always unanimously cover expenditures made labor unions publishing political views campaigns times see sess sess sess part sess necessary summarize differing viewpoints expressed debates concerning validity construction whether valid make difference extending statute scope adding terms loophole albeit large one created misconstruction either event large addition section coverage made see federal corrupt practices act stat amended preexisting legislation forbidding corporate contribution changing term defining include gift subscription loan advance deposit money anything value includes contract promise agreement whether legally enforceable make contribution since intended broaden amendment seem scope hardly less broad given act definition although government appear urge incorporates definition see excerpts quoted opinion appendix one cf also notes objects prohibition labor unions first appeared temporary basis war labor disputes act terms expire six months following termination hostilities act june stat see hearings subcommittee committee labor sess cf government brief legislative history act shows principal basis extension labor unions like earlier acts applying corporations securing elections accordance people removing disproportionate influences exerted means large aggregations money since amendment designed make permanent prohibitions act sess sess conference report accompany expand adding objects act necessarily carried forward amendment ibid see also congressional committees investigating campaign expenditures recommended added prohibition see sess part sess hartley bill introduced house contained prohibition senate version sess apparently little discussion either body matter conference report incorporating provision made sess lengthy discussion ensued senate excerpts quoted opinion appendix one see important instances included whether section applies forbid political comment information connection elections corporately owned newspapers periodicals regular course distribution special editions ibid organs like publications put corporations engaging primarily business publishing religious charitable corporations organizations like league ibid radio commentators sponsored commercial corporations id trade associations national association manufacturers receive funds constituent corporations id inquiries generally proceeded analogous ones relating comparable activities unions comparable responses touching example activities labor publications regular special sponsored broadcasts etc illustrative responses set forth note regular corporately owned press considered covered ordinary circulation operation newspaper exemption coverage however thought extend regularly published union labor papers since members dues used without specific earmarking designation use even though previous practice might know use made id hand neither regular press corporately owned union papers publish special editions distribute without charge house organs union corporate comment politically religious organizations incorporated neither associations like national association manufacturers receive funds corporations expenditures making indirectly problems involving organizations like league sponsored radio broadcasts whether unions corporations well guest appearances candidates others supporting sponsored radio programs raised matters greater difficulty see various pertinent citations note cf notes problems raised connection radio discussions presented particularly dubious situations frequently admitted call facts present questions fact require fine lines distinction see difficulty arose doubt expressed also constitute political comment publishing incumbent candidate voting record id instance senate sponsor first disagreed senator ball later apparently though somewhat equivocally agreed publication record without comment bare statement actual facts simply direct quotations man said course certains peeches certain subjects forbidden id corporate broadcasts candidate party relating issues election said question fact depend close election ibid instances illustrative comprehensive cf note rubric turned answers inquiries situations mentioned notes indeed others funds used publication came corporate union treasury without securing conributor express consent use organization apply contributed thus employed except case regular corporate press presumably covered ordinary circulation cf note supra expenditure corporate union funds derived operation publication advertising revenues returns per copy sales funds received individuals without individual explicit authorization purpose publication forbidden see appendix opinion post since statute judgment abridges freedoms unnecessary consider groundings urged invalidation thomas collins board education barnette thornhill alabama schneider state thomas collins thornhill alabama schneider state cf carolene products thomas collins cf cases cited note times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators see also art clause clause cf congress power electoral process ex parte yarbrough classic noted senate debate went largely protection basis justification inferential incidental reference corrupting influencea nd occasional suggestions influence see however statements representative hoffman senator taft id brief however includes among reasons prohibition distrust use large contributions prove corruption large single contributions imply resulting obligations therefore breed corruption goes state practical difference contribution expenditure far effect use money campaign purposes concerned apparently senate sponsor considered revenues derived operation union newspapers advertising revenues available political publicity although union funds politically dissentient members interests proportionally concurring ones seems give explicit consent use situation like case regular incorporated press seem exceptional permitting union corporation use funds political publicity see note supra even seem questionable whether union funds individually earmarked purpose used calling union meetings discuss determine official political policies hear candidates others expressing views campaign issues cf note infra difference minimized though noted government comparison british legislation experience cf trade union act geo trade disputes trade unions act geo repealed trade disputes trade unions act geo vi legislation intended prevent expenditures union newspapers see rothschild government regulation trade unions great britain ii see regarding british legislation effect demille american federation radio artists distinguishing amalgamated society railway servants osborne cf perfectly clear union funds used interfere political campaigns political candidates either favor one candidate another candidate unions supposed keep politics way corporations supposed keep politics id connection begin obviously date election primary convention caucus long beforehand announcement candidacies earlier though always public efforts induce persons run connection end selection candidates one case election officers extend activities relating events taking place later publication bare facts voting records quotations speeches addresses reproduction full cf note accuracy inaccuracy quotation make difference criminality legality president speech course campaign reelection reproduced union newspaper published unsegregated funds whether designedly clearly political purporting draw line facts comment comment advocacy opposition summary appellees brief indicates scope variety questions arise measure thus face prevent labor organization holding meeting purpose advocating election defeat particular political candidate preclude labor organization organizing public gathering advocate election candidate pledged defeat measure section amended labor organization statute place disposal candidate hall engage radio time denounce candidate identified interests fundamentally opposed basic interests defendants pay salary expenses individual purpose permitting participate political campaign placards union newspapers advising union membership voting records public officials published distributed election time advocate either election labor friends defeat labor enemies paid advertisements radio publications purposes likewise proscribed matter dangerous threat presented candidate fundamental interests labor organization powerless law speak inform people views send single member penny postcard dealing candidate even send delegate observer political convention oppose bad laws connection election endorse good lwas times opposition endorsement undertaken peril crossing line opposition endorsement advocacy regarded connection election labor organization sponsor public meeting connection election purpose hearing views candidates various political parties respect issues importance membership since meeting inevitably require expenditures traditional campaigns part labor organizations prior federal elections vote since require expenditures proscribed statute publication voting guides analyses voting records candidates likewise condemned cf president view stated veto message follows provision interpreted going far beyond apparent objectives interfering necessary business activities provides exemption corporations whose business publication newspapers operation radio stations makes distinctions expenditures made corporations purpose influencing results election expenditures made normal course business connection election thus raise host troublesome questions concerning legality many practices ordinarily engaged newspapers radio stations sess