kleindienst mandel argued april decided june action brought compel attorney general grant temporary nonimmigrant visa belgian journalist marxian theoretician american invited participate academic conferences discussions country alien found ineligible admission immigration nationality act barring advocate publish economic international governmental doctrines world communism attorney general declined waive ineligibility power act basing decision unscheduled activities engaged alien previous visit waiver granted district although holding alien personal entry right concluded citizens country first amendment right enter hear enjoined enforcement alien held exercise congress plenary power exclude aliens prescribe conditions entry country congress act delegated conditional exercise power executive branch case attorney general decides legitimate bona fide reason waive statutory exclusion alien courts look behind decision weigh first amendment interests personally communicate alien pp supp reversed blackmun delivered opinion burger stewart white powell rehnquist joined douglas filed dissenting opinion post marshall filed dissenting opinion brennan joined post deputy solicitor general friedman argued cause appellants briefs solicitor general griswold assistant attorney general mardian raymond randolph robert keuch edward christenbury lee anderson leonard boudin argued cause appellees brief victor rabinowitz david rosenberg david carliner melvin wulf filed brief american civil liberties union amicus curiae urging affirmance justice blackmun delivered opinion appellees framed issue follows appellants action refusing allow alien scholar enter country attend academic meetings violate first amendment rights american scholars students invited challenged provisions statute section except otherwise provided act following classes aliens shall ineligible receive visas shall excluded admission aliens time members following classes aliens within provisions paragraph advocate economic international governmental doctrines world communism establishment totalitarian dictatorship aliens write publish economic international governmental doctrines world communism establishment totalitarian dictatorship except provided subsection alien applying nonimmigrant visa known believed consular officer ineligible visa one paragraphs enumerated subsection may approval attorney general recommendation secretary state consular officer alien admitted temporarily despite inadmissibility granted visa may admitted temporarily nonimmigrant discretion attorney general ernest mandel resides brussels belgium belgian citizen professional journalist belgian left socialist weekly la gauche author work entitled marxist economic theory published asserted visa applications member communist party described however revolutionary marxist dispute see supp advocates economic governmental international doctrines world communism mandel admitted temporarily first visit came working journalist second accepted invitations speak number universities colleges occasion although apparently aware admission followed finding ineligibility attorney general exercise discretion admit temporarily recommendation secretary state permits september mandel applied american consul brussels nonimmigrant visa enter october period participate conference technology third world stanford university invited stanford graduate student association invitation stated john kenneth galbraith present address mandel expected participate ensuing panel discussion give major address following day university office president heartily endorse invitation mandel intended visit became known additional invitations lectures conference participations came members faculties princeton amherst columbia vassar groups cambridge massachusetts new york city others one conference new york city sponsored jointly bertrand russell peace foundation socialist scholars conference mandel assigned subject revolutionary strategy imperialist countries mandel filed second visa application proposing extensive itinerary stay greater duration october consul brussels informed mandel orally application september refused confirmed writing october consul letter advised finding inadmissibility waivers year current denial waiver said however another request waiver forwarded washington connection mandel second application visa department state letter dated november bureau security consular affairs mandel new york attorney asserted earlier waivers granted condition mandel conform itinerary limit activities stated purposes trip visit engaged activities beyond stated purposes reason said waiver sought connection september visa application department went say however learned mandel might aware conditions limitations attached visa issuance view upon assurances conform stated itinerary purposes department reconsidering case december consul brussels informed mandel visa refused department state fact recommended attorney general mandel ineligibility waived respect october visa application immigration naturalization service however acting behalf attorney general see letter dated february new york counsel stated determined mandel activities went far beyond stated purposes trip basis admission authorized represented flagrant abuse opportunities afforded express views country letter concluded favorable exercise discretion provided act warranted mandel temporary admission authorized mandel address new york meeting delivered transatlantic telephone march mandel six appellees instituted present action attorney general secretary state two remaining appellees soon came lawsuit amendment complaint appellees joined mandel action citizens university professors various fields social sciences persons invited mandel speak universities forums expected participate colloquia complaint alleged may hear views engage free open academic exchange claim statutes unconstitutional face applied deprive american plaintiffs first fifth amendment rights specifically plaintiffs claim statutes prevent hearing meeting mandel person discussions contravention first amendment denies equal protection permitting entry rightists leftists section deprives procedural due process unconstitutional delegation congressional power attorney general broad terms lack standards lack prescribed procedures application statutes mandel arbitrary capricious basis fact concluding ineligible rational reason basis fact denying waiver determined ineligible declaratory injunctive relief sought district duly convened case tried pleadings affidavits exhibits two judges held although mandel personal right enter citizens country first amendment right enter hear explain seek defend views entered declaratory judgment invalid void insofar might invoked defendants find mandel ineligible admission defendants enjoined implementing enforcing statutes deny mandel admission nonimmigrant visitor supp edny judge bartels dissented probable jurisdiction noted ii alien migration unrestricted act march stat barred convicts prostitutes seven years later congress passed first general immigration statute act stat legislation followed general revision immigration laws effected act mar stat section act made ineligible admission anarchists persons believe advocate overthrow force violence government government forms law act stat congress expanded provisions exclusion subversive aliens title ii alien registration act stat amended act bar aliens time advocated members affiliated organizations advocated violent overthrow government years followed extensive investigation numerous reports congressional committees see communist party subversive activities control board congress passed internal security act stat act dispensed requirement act finding case respect members communist party party fact advocate violent overthrow government provisions carried forward immigration nationality act thus almost continuous attention part congress since problems immigration excludability certain defined classes aliens pattern generally one increasing control particular attention almost years first anarchists communist affiliation views iii clear mandel personally unadmitted nonresident alien constitutional right entry country nonimmigrant otherwise ex rel turner williams ex rel knauff shaughnessy galvan press see harisiades shaughnessy appellees concede brief appellees tr oral arg indeed american appellees assert sue enforce rights individually members american public assert none part invited alien brief appellees mandel sense made plaintiff symbolic problem tr oral arg case therefore comes narrow issue whether first amendment confers upon appellee professors wish hear speak debate mandel person ability determine mandel permitted enter country words compel attorney general allow mandel admission iv variety contexts referred first amendment right receive information ideas well established constitution protects right receive information ideas freedom speech press necessarily protects right receive martin city struthers stanley georgia purpose first amendment preserve uninhibited marketplace ideas truth ultimately prevail right public receive suitable access social political esthetic moral ideas experiences crucial right may constitutionally abridged either congress fcc present case district majority held concern first amendment alien individual personal interest entering heard rights citizens country alien enter hear explain seek defend views garrison louisiana red lion observe essence government also suggests first amendment inapplicable appellees free access mandel ideas books speeches technological developments tapes telephone readily supplant physical presence argument overlooks may particular qualities inherent sustained debate discussion questioning alternative means access mandel ideas might relevant factor called upon balance first amendment rights governmental regulatory interests balance find unnecessary light discussion follows part loath hold record existence alternatives extinguishes altogether constitutional interest part appellees particular form access recognition first amendment rights implicated however dispositive inquiry accord ancient principles international law chinese exclusion case fong yue ting held broadly government describes brief appellants power exclude aliens inherent sovereignty necessary maintaining normal international relations defending country foreign encroachments dangers power exercised exclusively political branches government since time general reaffirmations principle legion without exception sustained congress plenary power make rules admission aliens exclude possess characteristics congress forbidden boutilier immigration naturalization service ver conceivable subject legislative power congress complete admission aliens oceanic navigation stranahan lem moon sing first justice harlan said power congress exclude aliens altogether prescribe terms conditions upon may come country declared policy regard enforced exclusively executive officers without judicial intervention settled previous adjudications slate clean extent power congress review merely page history whole volume policies pertaining entry aliens right remain peculiarly concerned political conduct government enforcement policies executive branch government must respect procedural safeguards due process formulation policies entrusted exclusively congress become firmly embedded legislative judicial tissues body politic aspect government prepared deem wiser sensitive human rights predecessors especially zealous protecting civil liberties constitution must therefore constitutional system recognize congressional power dealing aliens appellees first amendment argument prove much almost every instance alien excludable probably wish meet speak ideas aliens might influential mandel american audience numerous planned discussion forums impressive first amendment protect articulate well known popular endorse proposition governmental power withhold waiver must yield whenever bona fide claim made american citizens wish meet talk alien excludable one two unsatisfactory results necessarily ensue either every claim prevail case plenary discretionary authority congress granted executive becomes nullity courts case required weigh strength audience interest government refusing waiver particular alien applicant according yet undetermined standard dangers undesirability making determination basis factors size audience probity speaker ideas obvious indeed precisely reason waiver decision properly placed hands executive appellees seek soften impact analysis arguing noted first amendment claim prevail least justification advanced denial waiver brief appellees government us reach question urging broad decision congress delegated waiver decision executive sole unfettered discretion reason reason may given see jay boyd hintopoulos shaughnessy kimm rosenberg record however require attorney general inform mandel counsel reason refusing waiver reason facially legitimate bona fide government chosen rely letter counsel either district fact remains however official empowered make decision stated denied waiver concluded previous abuses mandel made inappropriate grant waiver think attorney general validly exercised plenary power congress delegated executive summary plenary congressional power make policies rules exclusion aliens long firmly established case alien excludable congress delegated conditional exercise power executive hold executive exercises power negatively basis facially legitimate bona fide reason courts neither look behind exercise discretion test balancing justification first amendment interests seek personal communication applicant first amendment grounds may available attacking exercise discretion justification whatsoever advanced question neither address decide case reversed footnotes mandel revolutionary strategy imperialist countries reprinted app appellees suggesting defining world communism unacceptably vague contest fact appellants conclude mandel marxist economic philosophy falls within scope vague provisions brief appellees entry presumably claimed nonimmigrant alien act namely alien residence foreign country intention abandoning distinguished merit ability coming temporarily perform services exceptional nature requiring merit ability justice douglas dissent post mandel noncompliance conditions imposed visit appear merely speaking universities visa application indicated letter dated november bureau security consular affairs department state mandel new york counsel observed visit mandel engaged activities beyond stated purposes trip reason waiver ineligibility sought connection september visa application counsel affidavit support appellees motion convening issuance preliminary injunction stated mandel assured consul letter november appear assembly money solicited political cause apparently response charge present solicitation tour see also exhibit course mandel prior notice required adhere stated itinerary mandel aware forbidden appearing contributions solicited political causes advised george novack american citizen coordinated mandel tour fact event question cocktail reception held gotham art theatre new york city october mandel addressed gathering events france may june later evening posters french students auctioned money sent aid legal defense students taken part spring demonstrations mandel participate fund raising see ex letter see example ekiu fok yung yo ex rel turner williams keller mahler eby shaughnessy mezei cf graham richardson government brief immigration naturalization service reports following respect applications attorney general waiver alien ineligibility admission section total number number number applications waiver waivers waivers year section granted denied brief appellants cases however provides come attorney general positive recommendation secretary state consular officer figures include cases officials refrained making positive recommendation justice douglas dissenting chinese exclusion case rendered doubt congress power exclude class aliens shores accent time race justice field writing said therefore government legislative department considers presence foreigners different race country assimilate us dangerous peace security exclusion stayed time actual hostilities nation foreigners subjects ideological test racial one used neither view permissible indicated occasions yet narrower question raised present act aliens advocate teach economic international governmental doctrines world communism ineligible receive visas xcept otherwise provided act except provision contained another part section inadmissible alien may approval attorney general recommendation secretary state consular officer admitted temporarily despite inadmissibility ernest mandel described orthodox marxist trotskyist school admitted country twice working journalist lecturer present case involves third application made attend conference stanford university technology third world also invited attend conferences one mit address several universities princeton amherst new school columbia vassar time department justice refused grant waiver recommended state department claims need state reasons power attorney general unfettered mandel sole complainant joining appellees represent various audiences mandel meeting visa issue mandel alien seeks admission first amendment rights outside nation appellees different footing first amendment involves right speak publish also right hear learn know martin city struthers stanley georgia attorney general broad discretion entrusted decide one maintains earth round excluded one believes darwinian theory shall admitted promote rule law settle international differences rather rule force may barred genetic biologist lectures way create life one sex alone beyond pale exponent plate tectonics barred one excluded taught jesus arose sepulcher went east became teacher hemis monastery himalayas put issue bluntly national security involved infiltration saboteurs attorney general stands astride international terminals bring people bar whose ideas acceptable even assuming arguendo outside seeking admission standing complain hope benefit traveler lectures thought control within competence branch government live may need exposure ideas people many faiths many creeds education construe act generously first amendment standard saying state department concluded foreign relations permit require admission foreign traveler attorney general left problems national security importation heroin like matters within competence assume propagation ideas permissible within constitutional congress undertake make attorney general censor stated justice jackson thomas collins concurring purpose first amendment foreclose public authority assuming guardianship public mind regulating press speech religion field every person must watchman truth forefathers trust government separate true false us brandenburg ohio overruled whitney california held first amendment permit state forbid proscribe advocacy use force law violation except advocacy directed inciting producing imminent lawless action likely incite produce action case involved propagation views ku klux klan present case involves teaching communist creed held noto mere abstract teaching communist theory including teaching moral propriety even moral necessity resort force violence preparing group violent action steeling action affirm judgment district see harisiades shaughnessy dissenting opinion galvan press dissenting opinion immigration nationality act stat recognizes legitimacy appellees first amendment claim ante argues however inasmuch attorney general gave facially legitimate bona fide reason refuse mandel waiver ineligibility look behind exercise discretion test balancing justification appellees first amendment interests first far record reveals absolutely support attorney general claim mandel consciously abused visa privileges indeed state department concedes apparently informed visa issued obtaining waiver ineligibility therefore may aware conditions limitations attached visa issuance emphasis supplied app second activities attorney general labeled flagrant abuses mandel opportunity speak appear merely speaking universities visa application indicated indeed spoke universities canada including harvard university california berkeley swarthmore notre dame antioch michigan three appearances columbia two university pennsylvania keynote address socialist scholars conference held rutgers app difficult invent trivial reason denying academic community chance exchange views internationally respected scholar indicated discretion vested attorney general exercised emergent reasons reasons deemed strictly public interest ideological controls congenial first amendment traditions therefore inferred justice marshall justice brennan joins dissenting ernest mandel citizen belgium internationally famous marxist scholar journalist invited country group american scholars wished meet discussion debate firm plans conferences colloquia lectures american hosts stunned learn mandel refused permission enter country american consular officials found mandel ineligible receive visa immigration nationality act stat bars even temporary visits aliens advocate economic international governmental doctrines world communism write publish written printed matter advocating teaching doctrines attorney general refused waive inadmissibility stunned learn country proud heritage refused mandel temporary admission convinced americans denied opportunity hear mandel views person government disapproves ideas therefore dissent today decision affirm judgment majority correctly demonstrates variety contexts held first amendment protects right receive information ideas freedom hear well freedom speak reason first amendment protects process justice brandeis words reason applied public discussion whitney california concurring opinion right speak hear including right inform others informed public issues inextricably part process freedom speak freedom hear inseparable two sides coin coin process thought discussion activity speakers becoming listeners listeners becoming speakers vital interchange thought means indispensable discovery spread political truth ibid see terminiello chicago protection fundamental principle american government whitney california supra first amendment means government power thwart process free discussion abridge freedoms necessary make process work see lamont postmaster general brennan concurring goldberg harlan joined doubt denying american appellees access mandel government directly prevented free interchange ideas guaranteed first amendment course interfered appellees personal rights hear mandel views develop articulate views interaction mandel recognized apart appellees interests also general public interest prevention stifling political utterance supp government interfered well ii justification extraordinary governmental interference liberty american citizens reasoning uphold mandel exclusion established constitutional doctrine government may restrict first amendment rights restriction necessary compelling governmental interest lamont postmaster general supra naacp button gibson florida legislative investigation committee shelton tucker today majority apparently holds mandel may excluded americans first amendment rights restricted attorney general given facially legitimate bona fide reason refusing waive mandel visa ineligibility understand source unusual standard merely legitimate governmental interests override constitutional rights moreover majority demands facial legitimacy good faith means never look behind reason attorney general gives citation given kind unprecedented deference executive imagine told slightest justification rule even briefest peek behind attorney general reason refusing waiver case reveal sham attorney general informed appellees counsel waiver refused mandel activities previous american visit went far beyond stated purposes trip represented flagrant abuse opportunities afforded express views country app department state already conceded appellees counsel mandel apparently informed previous visa issued obtaining waiver ineligibility therefore mandel may aware conditions limitations attached previous visa issuance app basis present record concluding mandel behavior previous visit flagrant abuse even willful knowing departure visa restrictions good reason government litigation never relied attorney general reason justify mandel exclusion circumstances attorney general reason possibly support decision government case without even remanding factual hearing see support attorney general determination majority declares reason sufficient override appellees first amendment interests even attorney general given compelling reason declining grant waiver end case understand statutory scheme mandel ineligible visa therefore inadmissible solely within terms advocated communist doctrine published writings advocating doctrine waiver question totally secondary dependent since triggered determination ineligibility attorney general refusal grant waiver generate new statutory basis exclusion roving power set new ad hoc standards visa ineligibility rather attorney general refusal waive ineligibility simply effect waiver provision existed inadmissibility still rests determination thus whether attorney general good reason refusing waiver think must still face question tries avoid constitution may mandel declared ineligible accordingly turn consider constitutionality sole justification given government excluding mandel advocates publish es printed matter advocating doctrines world communism within terms still adhering standard first amendment doctrine see possibly represent compelling governmental interest overrides appellees interests hearing mandel unlike claim exclude aliens likely engage subversive activity represent active present threat welfare safety security rather excludes aliens solely advocated communist doctrine cases make clear however government legitimate interest stopping flow ideas power restrict mere advocacy communist doctrine divorced incitement imminent lawless action noto brandenburg ohio sure attained final absolute truth ideas even forcefully urged contribution ongoing political dialogue first amendment represents view framers path safety lies opportunity discuss freely supposed grievances proposed remedies fitting remedy evil counsels good ones speech whitney california brandies concurring americans want hear marxist doctrine even advocates government intervene simply approve ideas certainly may selectively pick choose ideas let country put nothing means restraining entry disfavored political doctrine enactment justify abridgment appellees first amendment rights saying things merely repeating established first amendment law indeed already applied law case concerning entry communist doctrine foreign lands lamont postmaster general held right american addressee receive communist political propaganda abroad fettered requiring addressee request writing delivery post office see brennan concurring burden imposed right receive information case far greater lamont far less justification lamont challenged law merely regulated flow mail required postmaster general forward detained mail immediately upon request addressee contrast government claims absolute power bar mandel permanently academic meetings country moreover lamont government argued interest censor content rather protect americans receiving unwanted mail mandel exclusion incident legitimate regulatory objective based directly subject matter beliefs heart appellants position case basis distinguishing lamont government power distinctively broad unreviewable regulation question directed admission aliens brief appellants thus appellants view case different long line cases holding power exclude aliens left exclusively political branches government congress executive cases strongest precedents reports majority baroque approach reveals reluctance rely completely include milestones chinese exclusion case fong yue ting upheld government power exclude expel chinese aliens midst none old cases must reconsidered overruled strike mandel exclusion none concerned rights american citizens involved rights excluded aliens least rights americans involved basis concluding power exclude aliens absolute congress exercise one enumerated powers clashes individual liberties protected bill rights delicate difficult task determine whether resulting restriction freedom tolerated robel robel many cases show governmental power even war power power maintain national security power conduct foreign affairs limited bill rights individual freedoms americans stake blindly defer broad claims legislative branch executive branch rather consider claims light individual freedoms approach present case even though government urges question admitting aliens may involve foreign relations national defense policies majority recognizes right american citizens hear mandel implicated case rights americans involved old alien exclusion cases therefore broad counsel deference political branches inapplicable surely distinguish lineups kirby illinois distinguish case cases involve rights aliens mean suggest simply americans wish hear alien speak automatically compel even temporary admission country government may prohibit aliens even temporary admission exclusion necessary protect compelling governmental interest actual threats national security public health needs genuine requirements law enforcement apparent interests surely compelling mandel case government claims compelling interest mandel visit temporary ineligibility visa based solely governmental interest embodied section government desire keep certain ideas circulation country hardly compelling governmental interest section may basis excluding alien americans wish hear without claim mandel live actual threat country difference excluding mandel ideas keeping books ideas neither permitted lamont postmaster general supra iii mandel written exclusion concluding demonstrates lack confidence part government capacity supporters combat marxism battleground ideas observes carrying high explosives come revolutionary views well known public wryly notes nineteenth century british ruling class sure permitted karl marx live exile england almost forty years app undisputed mandel brief trip involve nothing series scholarly conferences lectures progress knowledge international venture mandel invitation demonstrates individuals differing world views learned ways cooperation governments thus far failed nothing served least standing international community mandel exclusion blocking admission government departed basic traditions country fearless acceptance free discussion deferring executive departs best role guardian individual liberty face governmental overreaching principles judicial restraint designed allow political branches protect national security place case mandel permitted make brief visit dissent twenty years ago bulletin atomic scientists devoted entire issue problem american visa policy effect interchange ideas american scholars scientists foreign counterparts general conclusion editors supported printed statements men albert einstein hans bethe harold urey arthur compton michael polanyi raymond aron american visa policy hurting continuing advance american science learning harmful prestige abroad vol pp statement special editor edward shils detrimental effect american visa policy free exchange ideas continues reported see comment opening floodgates dissident aliens harv civ lib rev bulletin atomic scientists pp availability appellees mandel books taped lectures substitute live discussion debate availability us briefs exhibits supplant essential place oral argument work lengthy citations proposition majority apparently concedes unnecessary simply note letter henrik lorenz accepting invitation lecture university leiden discuss radiation problem albert einstein observed unfinished things people understand one another difficulty unless talking face face quoted developments law national security interest civil liberties harv rev judge frankel taught us even limited requirement facially sufficient reasons governmental action may significant contexts hardly insulate government subsequent challenges actual good faith sufficiency reasons frankel bench warrants upon prosecutor demand view bench rev majority suggests appellees concede congress enact blanket prohibition entry aliens falling class defined first amendment rights override decision certainly view whose judgment appellants alone challenged appellees moved affirm true appellees argued ground decision alternative argued adopted hardly conceded incorrectness successfully argued simply noted brief even rejects broad decision nevertheless separate narrower basis affirmance see tr oral arg robel struck statute making criminal offense employee defense facility remain member communist party spite government claims enactment came within war power aptheker secretary state government unsuccessfully sought defend denial passports american members communist party spite claimed threats national security zemel rusk passport restriction travel cuba upheld individual constitutional rights overridden weightiest considerations national security rejected assumption simply statute deals foreign relations grant executive totally unrestricted freedom choice schneider rusk government unsuccessfully attempted justify statutory inequality naturalized citizens foreign relations power lamont postmaster general justice brennan noted government urged statute justified object avoiding subsidization propaganda foreign governments bar american propaganda justice brennan answered government must act means terms endanger first amendment rights agree majority courts inquire things probity speaker ideas neither executive however americans wish hear alien claim demonstrated sham crucial question whether government interest excluding alien compelling goes without saying course admitted alien like citizen punished incites lawless acts commits crimes nonimmigrants covered quotas gordon rosenfield immigration law procedure