greene mcelroy argued april decided june petitioner aeronautical engineer general manager private corporation engaged developing producing armed forces goods involving military secrets contracts requiring corporation exclude premises persons security clearances regulations promulgated secretary defense without explicit authorization either president congress administrative hearings denied access much information adverse opportunity confront witnesses petitioner deprived security clearance grounds alleged communistic associations sympathies consequence corporation discharged unable obtain employment aeronautical engineer sued judgment declaring revocation security clearance unlawful void order restraining secretaries armed forces acting pursuant held absence explicit authorization either president congress secretaries armed forces authorized deprive petitioner job proceeding afforded safeguards confrontation pp neither executive order executive order empowers executive agency fashion security programs whereby persons deprived civilian employment opportunity continued activity chosen professions without accorded chance challenge effectively evidence testimony upon adverse security determination might rest pp neither national security act armed services procurement act even read conjunction making crime communicate unauthorized persons information concerning cryptographic intelligence activities making crime officer employee communicate classified information agents foreign governments officers members communist organizations constitutes authorization create elaborate clearance program persons may seriously restrained employment opportunities denial clearance without safeguards confrontation pp congressional ratification security clearance procedures implied continued appropriation funds finance aspects program fashioned department defense pp area questionable constitutionality hold person may deprived right follow chosen profession without full hearings accusers may confronted neither president congress explicitly authorized procedure pp carl berueffy argued cause filed brief petitioner assistant attorney general doub argued cause respondents brief solicitor general rankin samuel slade bernard cedarbaum david shapiro filed brief american civil liberties union amicus curiae urging reversal chief justice warren delivered opinion case involves validity government revocation security clearance granted petitioner aeronautical engineer employed private manufacturer produced goods armed services petitioner discharged employment solely consequence revocation access classified information required nature job discharge petitioner unable secure employment aeronautical engineer practical purposes field endeavor closed petitioner vice president general manager engineering research corporation erco business devoted primarily developing manufacturing various mechanical electronic products began employment soon graduation guggenheim school aeronautics except brief leave absence stayed firm discharge first employed junior engineer draftsman excellence work eventually became chief executive officer firm career erco credited expedited development complicated electronic flight simulator design rocket launcher produced erco long used navy war ii period petitioner given security clearances three occasions required nature projects undertaken erco various armed services november however force personnel security board psb advised erco company clearances access classified information jeopardy tentative decision deny petitioner access classified department defense information revoke clearance security reasons erco invited respond notification corporation president informed psb petitioner taken extended furlough due board action erco executive also stated opinion petitioner loyal discreet citizen absence denied firm services outstanding engineer administrative executive december petitioner informed board decided access contract work information erco inimical best interests accordingly psb revoked petitioner clearances informed seek hearing industrial employment review board ierb took course prior hearing petitioner received letter informing psb action based information indicating associated communists visited officials russian embassy attended dinner given allegedly communist front organization january petitioner counsel appeared ierb questioned detail concerning background information disclosed ierb letter response numerous searching questions explained substance specific suspect persons said associated actually friends explained detail first marriage lasted wife held views concur friendly associates persons little common stated basic disagreements prime reasons marriage ended failure attributed wife attendance dinner membership bookshop association purportedly front organization presence home communist publications denied categorically ever communist spoke length dislike theory government object common ownership property lastly petitioner explained visits persons various foreign embassies including russian embassy made connection attempts sell erco products governments petitioner witnesses included executives erco number military officers worked petitioner past corroborated many petitioner statements testified substance loyal discreet citizen executives erco whose right clearance never challenged corroborated petitioner testimony concerning reasons visiting russian embassy government presented witnesses obvious however questions posed petitioner witnesses board relied confidential reports never made available petitioner reports apparently compilations statements taken various persons contacted investigatory agency petitioner opportunity confront question persons whose statements reflected adversely confront government investigators took statements moreover seemed evident board never questioned investigators never seen persons whose statements subject reports january ierb basis testimony given hearing confidential reports reversed action psb informed petitioner erco petitioner authorized work secret contract work march secretary defense abolished psb ierb directed secretaries three armed services establish regional industrial personnel security boards coordinate industrial security program secretaries also instructed establish uniform standards criteria procedures cases pending psb ierb referred new boards interim period abolishment old program implementation new one secretaries considered charged administering clearance activities previously stated criteria april respondent anderson secretary navy wrote erco reviewed petitioner case concluded petitioner continued access navy classified security information inconsistent best interests national security hearing preceded notification requested erco exclude petitioner part plants factories sites classified navy projects carried bar access navy classified information also advised corporation petitioner case referred secretary defense recommendation ierb decision january overruled erco choice comply request led petitioner discharge erco informed navy occurred requested opportunity discuss matter view petitioner importance firm navy replied far navy department concerned discussion problem time serve useful purpose petitioner asked reconsideration decision october navy wrote stating requested eastern industrial personnel security board eipsb accept jurisdiction arrive final determination concerning petitioner status various letters subsequently exchanged petitioner counsel eipsb resulted finally generalized charges quoted margin incorporating information previously discussed petitioner hearing ierb april one year secretary took action two days thereafter petitioner presented case eipsb detail hearing began statement chairman included following passage transcript made hearing include material file case include reports investigation conducted federal bureau investigation investigative agencies confidential neither contain information concerning identity confidential informants information reveal source confidential evidence transcript contain statement reasons answer thereto testimony actually taken hearing petitioner response question stated outset hearing employed salary per year architectural draftsman receiving per year vice president general manager erco later explained discharge erco unsuccessfully tried obtain employment aeronautics field barricaded lack clearance petitioner subjected intense examination similar experienced ierb course examination board injected new subjects inquiry made evident relying various investigatory reports statements confidential informants made available petitioner petitioner reiterated great detail explanations previously given ierb subjected intense however concerning reports agreed views held petitioner presented number witnesses testified loyal spoken approvingly economic system valuable engineer made valuable significant contributions country war efforts world war ii korean war soon conclusion hearing eipsb notified petitioner affirmed secretary action decided granting clearance petitioner access classified information clearly consistent interests national security petitioner requested furnished detailed statement findings supporting board decision informed however security considerations prohibited disclosure september petitioner requested review industrial personnel security review board march almost three years secretary action nearly one year second hearing received letter director office industrial personnel security review informing eipsb found petitioner associated closely wife friends knowing active behalf sympathized communist party part period petitioner maintained sympathetic association number officials russian embassy period petitioner political views similar wife petitioner member suspect bookshop association invested money suspect radio station attended suspect dinner occasion communist publications home petitioner credibility witness proceedings doubtful letter also stated doubts concerning petitioner credibility affected board evaluation trustworthiness trustworthy persons afforded access classified information eipsb determination affirmed eipsb decision petitioner filed complaint district district columbia asking declaration revocation unlawful void order restraining respondents acting pursuant also asked order requiring respondents advise erco clearance revocation void following affirmance eipsb order industrial personnel review board petitioner moved summary judgment district government dismissal complaint summary judgment district granted government motion summary judgment supp appeals affirmed disposition app appeals recognized petitioner suffered substantial harm clearance revocation view petitioner suit presented justiciable controversy controversy courts finally effectively decide conclusion followed appeals reasoning executive department alone competent evaluate competing considerations exist determining persons afforded security clearances also rejected petitioner claim deprived livelihood without traditional safeguards required due process law confrontation accusers access confidential reports used determine fitness central determination unwillingness order government choose disclosing identities informants giving petitioner clearance petitioner contends action department defense barring access classified information basis statements confidential informants made investigators authorized either congress president denied liberty property without due process law contravention fifth amendment alleged property petitioner employment alleged liberty petitioner freedom practice chosen profession respondents admit must revocation security clearance caused petitioner lose job erco seriously affected destroyed ability obtain employment aeronautics field although right hold specific private employment follow chosen profession free unreasonable governmental interference comes within liberty property concepts fifth amendment dent west virginia schware board bar examiners peters hobby concurring opinion cf slochower board education truax raich allgeyer louisiana powell pennsylvania respondents contend admitted interferences occurred indirect necessary governmental action protect integrity secret information hence unreasonable constitute deprivations within meaning amendment alternatively respondents urge even petitioner restrained enjoyment constitutionally protected rights accorded due process law permitted utilize procedural safeguards consonant effective clearance program administration identity informants statements kept secret insure unimpaired flow government information concerning subversive conduct view conclusion case decided narrower ground authorization find need determine answers questions issue see whether department defense authorized create industrial security clearance program affected persons may lose jobs may restrained following chosen professions basis fact determinations concerning fitness clearance made proceedings denied traditional procedural safeguards confrontation prior world war ii sporadic efforts made control clearance persons worked private establishments manufactured materials national defense report commission government security doc sess world war ii war department instituted formalized program obtain discharge war plants persons engaged sabotage espionage willful activity designed disrupt national defense program war department began require contractors given access classified information sign secrecy agreements required consent employees permitted access top secret secret information outset armed service administered industrial clearance program later psb ierb established department defense secretaries armed services administer centralized program ibid confusion existed concerning criteria procedures employed boards ibid eventually generalized procedures established approval secretaries provided part ierb hearing conducted manner protect disclosure information affecting national security tending compromise investigative sources methods see procedures governing appeals industrial employment review board dated november note supra abolition boards establishment ipsb various new sets procedures promulgated likewise provided information tending compromise investigative sources methods indentity confidential informants programs procedures established directives issued secretary defense secretaries army navy air force none creature statute executive order issued president respondents maintain congressional authorization president fashion program denies security clearance persons basis confidential information individuals opportunity confront test unnecessary president inherent authority maintain military secrets inviolate respondents argue statutory grant power necessary grant readily inferred necessarily implicit authority generalized provisions legislation dealing armed services question must decided case whether president inherent power act whether congress granted power rather whether either president congress exercised power delegated department defense authority fashion program certain principles remained relatively immutable jurisprudence one governmental action seriously injures individual reasonableness action depends fact findings evidence used prove government case must disclosed individual opportunity show untrue important case documentary evidence even important evidence consists testimony individuals whose memory might faulty fact might perjurers persons motivated malice vindictiveness intolerance prejudice jealousy formalized protections requirements confrontation ancient roots find expression sixth amendment provides criminal cases accused shall enjoy right confronted witnesses zealous protect rights erosion spoken criminal cases mattox kirby motes oliver also types cases administrative regulatory actions scrutiny southern virginia ohio bell telephone public utilities commission morgan carter kubler reilly pinkus pointed congress ignored fundamental requirements enacting regulatory legislation joint committee mcgrath concurring opinion professor wigmore commenting importance treatise wigmore evidence ed two centuries past policy system evidence regard necessity testing vital feature law belief safeguard testing value human statements comparable furnished conviction statement unless special exception used testimony probed sublimated test found increasing strength lengthening experience must determine background whether president congress delegated department defense authority traditional safeguards industrial security clearance program operate injure individuals substantially denying opportunity follow chosen private professions respondents cite two executive orders believe show presidential delegation first exec order fed reg entitled prescribing regulations establishing minimum standards classification transmission handling departments agencies executive branch official information requires safeguarding interest security provided relevant part part dissemination classified security information general person shall entitled knowledge possession access classified security information solely virtue office position classified security information shall discussed presence unauthorized persons latter shall permitted inspect access information head agency shall establish system controlling dissemination classified security information adequate needs agency limitations dissemination within executive branch dissemination classified security information shall limited persons whose official duties require knowledge information special measures shall employed limit dissemination top secret security information absolute minimum portion top secret security information necessary proper planning appropriate action organizational unit individual shall released unit individual outside executive branch classified security information shall disseminated outside executive branch person agency access thereto knowledge thereof except conditions channels authorized head disseminating agency even though person agency may solely partly responsible production sec accountability dissemination dissemination outside executive branch classified defense information shall disseminated outside executive branch except conditions channels authorized head disseminating department agency even though person agency dissemination information proposed made may solely partly responsible production turning legislative enactments might deemed delegating authority department defense fashion programs persons may seriously restrained employment opportunities denial clearance without safeguards confrontation note government assertion made brief ith petitioner contention industrial security program explicitly authorized statute may readily agree first proffered statute national security act amended et seq act created department defense gave secretary defense secretaries armed services authority administer departments nowhere act amendments found specific authority create clearance program similar one effect another act cited respondents armed service procurement act amended provides purchases contracts property services covered chapter shall made formal advertising however head agency may negotiate purchase contract purchase contract property services whose procurement determines publicly disclosed character ingredients components system contracting may used subject limitation subject subsections head agency may negotiating contracts section title make kind contract considers promote best interests although statutes make apparent congress recognizes existence military secrets hardly constitute authorization create elaborate clearance program embodies procedures traditionally believed inadequate protect affected persons lastly government urges refuse adopt inferred authorization reasoning nevertheless congressional ratification apparent continued appropriation funds finance aspects program fashioned department defense respondents refer us hearings house committee appropriations department defense appropriations sess hearings committee asked approve appropriation funds finance program reimbursement lost wages made employees government contractors temporarily denied later granted security clearance apparently reimbursements made prior time general appropriations although specific appropriation eventually made purpose conceivably constitute ratification hearing procedures procedures way involved special reimbursement program respondents argument delegation resolves following president general terms authorized department defense create procedures restrict dissemination classified information apparently acquiesced elaborate program established secretary defense even application program results restraints traditional freedoms without use procedural protections similarly congress although enacted specific legislation relating clearance procedures utilized industrial workers acquiesced existing department defense program ratified specifically appropriating funds finance one aspect acquiescence implied ratification enough show delegation authority take actions within area questionable constitutionality might agree respondents delegation shown many circumstances government freedom act clear congress president provided general standards action acquiesced administrative interpretation delegation may inferred thus even absence specific delegation difficulty finding department defense authorized fashion apply industrial clearance program affords affected persons safeguards confrontation case present situation deal substantial restraints employment opportunities numerous persons imposed manner conflict notions fair procedures asked judge whether context security clearance cases person may deprived right follow chosen profession without full hearings accusers may confronted must made clear president congress within respective constitutional powers specifically decided imposed procedures necessary warranted authorized use cf watkins scull virginia decisions assumed acquiescence kent dulles peters hobby ex parte endo must made explicitly assure individuals deprived cherished rights procedures actually authorized see peters hobby supra also explicit action especially areas doubtful constitutionality requires careful purposeful consideration responsible enacting implementing laws without explicit action lawmakers decisions great constitutional import effect relegated default administrators system government endowed authority decide administrative action raised serious constitutional problems assumed congress president intended afford affected action traditional safeguards due process see japanese immigrant case dismuke ex parte endo american power securities exchange hannegon esquire wong yang sung mcgrath cf anniston mfg davis rumely cases reflect concern traditional forms fair procedure restricted implication without explicit action nation lawmakers even areas possible constitution presents inhibition instant case petitioner work opportunities severely limited basis fact determination rendered hearing failed comport traditional ideas fair procedure type hearing product administrative decision explicitly authorized either congress president whether procedures circumstances comport constitution decide decide whether president inherent authority create program whether congressional action necessary limits executive legislative authority may decide absence explicit authorization either president congress respondents empowered deprive petitioner job proceeding afforded safeguards confrontation accordingly judgment reversed case remanded district proceedings inconsistent herewith ordered footnotes erco classified contract work various services connection classified research project navy entered security agreement undertook provide maintain system security controls within organization accordance requirements department defense industrial security manual manual turn provided paragraphs contractor shall exclude imply dismissal separation employee part plants factories sites work military department performed person persons secretary military department concerned duly authorized representative interest security may designate writing individual shall permitted access classified matter unless cleared government contractor case may specified following subparagraphs given access matter extent clearance psb created pursuant interim agreement dated october army navy air force pursuant memorandum agreement provost marshal general air provost marshal dated march board one representative military departments functions grant deny clearance employment aeronautical classified contract work consent required suspend individuals whose continued employment considered inimical security interests employment classified work report commission government security doc sess established procedures approved secretaries army navy air force see procedures governing force personnel security board dated june ierb board given jurisdiction hear review appeals decisions psb charter dated november signed secretaries army navy air force contemplated afford hearings persons denied clearance see procedures governing appeals industrial employment review board dated november letter read part period years near washington closely sympathetically associated persons reported members communist party period entertained visited home military representatives russian embassy washington attended social functions period russian embassy washington april attended southern conference human welfare third annual dinner statler hotel washington cited communist front organization congressional committee activities boards abolished pursuant memorandum march issued secretary defense secretaries army navy air force chairman munitions board provided part department army navy air force shall establish number geographical regions within seems appropriate region shall established within region industrial personnel security board board shall consist two separate distinct divisions screening division appeal division equal representation departments army navy air force division appeal division shall jurisdiction hear appeals decision screening division decisions shall determined majority vote shall final subject reconsideration motion request appellant good cause shown request secretary military department memorandum secretary defense also provided secretaries army navy air force shall within thirty days establish geographical regions develop joint uniform standards criteria detailed procedures implement program developing standards criteria procedures full consideration shall given rights individuals consistent security requirements approval secretaries army navy air force standards criteria procedures shall govern operations board memorandum provided cases pending force personnel security board industrial employment review board shall referred action order appropriate industrial personnel security board memorandum provided criteria governing actions industrial employment review board dated november revised november approved secretaries army navy air force shall govern security clearances industrial facilities industrial personnel secretaries army navy air force time uniform criteria established connection paragraph memorandum see note supra chairman board erco colonel henry berliner later testified affidavit follows year many years previous thereto principal stockholder engineering research corporation corporation principal place business riverdale maryland also chairman board principal executive officer corporation acquainted william lewis greene prior month april greene charge engineering general manager engineering research corporation employed corporation since progress company consistent one valued valuable employees responsible much work engineering research corporation april company received letter secretary navy advising us clearance denied greene advising us necessary bar access plant view position company work light denial clearance navy result necessary company discharge reason greene discharge absence letter referred continued employment engineering research corporation indefinitely president erco wrote secretary navy follows honorable anderson secretary navy washington dear secretary receipt acknowledged letter april state reviewed case history file william lewis greene concluded continued access navy classified security information inconsistent best interests national security request company exclude greene plants factories sites bar information interests protecting navy classified projects classified security information accordance request please advised since receipt letter company excluded greene part plants factories sites barred access classified security information information greene tendered resignation officer corporation left plant shall contact status clarified although yet formally accepted resignation greene vice president company charge engineering knowledge experience executive ability proven inestimable value past loss services time serious blow company operations accordingly like privilege personal conference discuss matter furthermore state referring case secretary defense recommending industrial employment review board decision january overruled appropriate like much privilege discussing matter secretary defense please accept thanks official courtesies position extend respectfully engineering research corporation wells may pursuant memorandum secretary defense dated march see note supra secretaries military departments established regional industrial personnel security boards governed generalized standards criteria procedures specifications contained letter petitioner counsel dated april sent nineteen days hearing letter provided part security considerations permit disclosure following information thus far resulted denial clearance greene subject member washington book shop association organization officially cited attorney general communist subversive subject first wife jean hinton greene married approximately december approximately december ardent communist greater part period marriage period subject first marriage wife many communist publications home including daily worker soviet russia today fact karl marx das kapital many apparently reliable witnesses testified period subject first marriage personal political sympathies general accord wife sympathetic towards russia followed communist party line presented arguments apparently influenced jean wild theories etc nothing record establishes witness testified hearing subjects everything record indicates done make statements investigative officers subject invested approximately metropolitan broadcasting corporation later became director radio station wqqw reliably reported many stockholders corporation communists news coverage radio programs station wqqw frequently paralleled communist party line station station wgms washington good music station petitioner stated invested money station liked classical music considered good investment april subject wife jean attended third annual dinner southern conference human welfare organization officially cited communist front dinner also attended many washington notables including several members beginning continuing several years thereafter subject maintained sympathetic associations various officials soviet embassy including major constantine ovchinnikov pavel berezin major pavel asseev ilia saraev anatoly golkovsky executives erco noted testified associations carried secure business corporation subject frequent sympathetic association vaso syrzentic yugoslav embassy syrzentic identified agent international communist party petitioner testified met individual connection business transaction subject contact alexander hess czechoslovak embassy identified agent red army intelligence charge apparently abandoned adverse finding based subject maintained close sympathetic association nathan gregory silvermaster william ludwig ullman silvermaster ullman identified members soviet espionage apparatus active washington silvermaster top economist department agriculture direct superior petitioner worked department subject series contacts laughlin currie period currie also identified member silvermaster espionage group petitioner met currie executive offices president time currie special assistant president period subject maintained frequent close associations many communist party members including wife wife persons apparently friends petitioner substantially period subject maintained close association many persons identified strong supporters communist conspiracy including persons apparently friends noted information previously discussed greene hearing industrial employment review board copy transcript hearing made available august last year petitioner stated affidavit support motion summary judgment fter discharge engineering research corporation made every possible effort secure employment salary commensurate experience unable work history field aeronautics spite everything best position obtain architectural firm obliged go work salary per year basis upon higher salary justified experience field particularly useful type work able obtain result actions defendants complained field aeronautical engineering closed instance following questions asked connection left wing radio station petitioner owned stock petitioner acquaintanceship alleged subversives petitioner business relationships foreign governments information greene one particular individual specifically called attention fact congressman rankin senator bilbo characterized station communist station run communists information come informant characterized known reliability refers conversations january told visited previous evening become rather chummy wish comment concerning relationship information informant characterized one known reliability told informant shortly following western high school speech remarked probably many people learn things russia quoted replying well hope learn something good least wish say anything information greene indicates first meet russians met early information greene indicating initiative contacts came berezin information indicating matter fact sir know meeting berezin arranged hess hochfeld indicated also information source identified one known reliability referring conversation source hess april hess stated talking one harry identified presumed hochfeld harry said hess young engineer good friend cause harry wanted hess set meeting berezin give us reason harry might referred good friend cause course make certain assumptions berezin might wanted meet back december look statement like indicating considered good friend cause course weight lent assumption fact wife strongly left became active communist affairs case know pass bill home red brick house talking anything unusual house interior dirty beds house mattresses ever hear said jean slept board order keep common touch jean home dress conventionally received guests let ask conventionally somebody invite dinner home expect woman wear dress shoes stockings usual clothing evening expect appear overalls notification stated security considerations prohibit furnishing appellant detailed statement findings appeal inasmuch entire file considered comments made appeal division panel security matters security reasons form basis statement reasons board created secretary defense february given power review adverse decisions rendered regional boards first time petitioner charged found untrustworthy complaint filed establishment industrial personnel security review board see note supra appeals stated doubt greene fact injured forced job paid per year since reduced far record shows working architectural draftsman salary per year aeronautical engineer considerable experience says without real contradiction effectively barred pursuit many aspects profession given current dependence phases aircraft industry defense department contracts production research development work well doubt following government action stigma greater less degree attached greene app note agreement respondents concession petitioner standing bring suit assert whatever rights may respondents actions directed petitioner individual caused substantial injuries joint committee mcgrath concurring opinion subject suit private persons attacked invasion legally protected right free arbitrary interference private contractual relationships moreover petitioner right free unauthorized actions government officials substantially impair property interests cf philadelphia stimson industrial personnel security review regulation fed reg recommended secretaries army navy air force approved secretary defense provided release information personnel program comply applicable directives pertaining safeguarding classified information handling investigative reports classified information information might compromise investigative sources methods identity confidential informants disclosed contractor contractor employee lawyer representatives person authorized access information addition case involving contractor employee contractor concerned advised final determination case grant deny revoke clearance decision suspend clearance granted previously pending final determination case contractor given copy statement reasons issued contractor employee except written request contractor employee concerned see charter industrial employment review board dated november note supra charter force personnel security board dated june note supra memorandum issued secretary defense secretaries army navy air force chairman munitions board dated march notes supra industrial personnel facility security clearance program effective may note supra industrial personnel security review regulation fed reg cfr part supp industrial security manual safeguarding classified information fed reg fed reg festus two thousand years ago reported king agrippa felix given prisoner named paul priests elders desired judgment paul festus reported stated manner romans deliver man die accused accusers face face licence answer concerning crime laid acts professor wigmore explains detail emergence principle law confrontation basic ingredients fair trial wigmore evidence ed see national security individual freedom instance instant case establish charge petitioner personal political sympathies general accord wife eipsb apparently relied statements made investigators old friends petitioner thus following questions asked petitioner like read quotation testimony person identified close friend long period years saying one day reading great deal books literature wish comment incidentally man testimony concerning entirely favorable one respect stated think communist state thought influenced jean viewpoints received impressions definite wife parlor pink going along friend testified believed influenced jean wild theories decided time association wife another man indicates friend long period time visitor home occasions regarding visits met wife friends people talking past one occasion mentioned particular topic conversation china set forth conversation seemed general agreement among time revolutionists china actually communists agrarian reformists probably know part communist propaganda line several years back greene got information indicating period marriage first wife constantly finding fault american institutions opposing american capitalistic system never anything praise russians everything attempted find case statement another witness respect felt modern people country rich powerful capitalistic system country disadvantage working people working people exploited rich statement another one associates effect times present argument man indicated us pretty well versed communist party line time found parroting arguments assumed got wife wish comment made clear following testimony jerome fenton director industrial personnel security department defense subcommittee constitutional rights senate judiciary committee given november type evidence received hearing boards besides evidence persons oath reports various governmental investigative agencies reports various governmental investigations might hearsay might think fair statement fact might appeals ninth district sic said respect port security program second third hearsay might question refers opinion appeals ninth circuit parker lester answer yes tell type help given hearing board reports respect matter evaluation nature evaluation used purpose well board person called security adviser expert particular area screening board one individuals people know evaluate reports evaluate information know separate wheat chaff assist boards expert take report make determination assisting board reliability witness never seen perhaps even opportunity see person interviewed witness well nothing witness interviewed witness better purpose exec order fed reg filed december empowered secretary war establish maintain military guards patrols take appropriate measures protect injury destruction material premises utilities even order relevant authority programs created world war ii doubtful provides specific authorization hearings far appears substantial official notice congress procedures used screening industrial workers embodied doc compilation laws executive orders regulations relating internal security printed request single senator reproduced among documents without specific comment industrial personnel security review regulation hearings referred following passage testimony department defense representative constitutes description made committee concerning procedures used department clearance program connection procurement programs department defense regulations prescribed provide uniform standards criteria determining eligibility contractors contractor employees certain individuals access classified defense information regulations also establish administrative procedures governing disposition cases military department activity thereof made recommendation determination respect denial suspension revocation clearance contractor contractor employee respect denial withdrawal authorization access certain individuals department defense assumes unless information contrary received contractors contractor employees loyal government responsibilities military establishment necessitate vigorous application policies designed minimize security risk incident use classified information contractors contractor employees accordingly measures taken provide continuing assurance contractor contractor employee granted clearance available information indicates granting clearance may clearly consistent interests national security time every possible safeguard within limitations national security provided ensure contractor contractor employee denied clearance without opportunity fair hearing estimated approximately three million persons access classified information covered industrial security program brown loyalty security association bar city new york report special committee federal program justice harlan concurring specially written sides case makes appropriate word one concurs judgment join opinion unlike brother clark finds case clear simple consider constitutional issue presents difficult view quite properly declines decide present posture case unwillingness subscribe opinion due fact unnecessarily deals issue disclaims deciding present purposes need said drawn deciding constitutionality revocation procedures employed case use procedures matters kind deliberately considered expressly authorized congress president alone position evaluate first instance totality factors bearing upon necessity use much courts entitled asked express constitutional judgment upon issue fraught important consequences government citizen ample justification abstaining constitutional decision stage case afforded traditional wise rule reaching constitutional issues unnecessarily prematurely rule indeed consistently followed faced confrontation issues security loyalty cases see peters hobby vitarelli seaton cf service dulles kent dulles adherence rule understand underlying basis today decision basis join judgment regrettable brother clark far yielded temptations colorful characterization depict issue case whether citizen constitutional right access government military secrets suggest action today requires president cabinet members revoke refusal give petitioner access military secrets despite views may reliability course decision involves issue consequences basic constitutional issue whether petitioner entitled access classified material rather whether particular procedures employed deny clearance security grounds constitutionally permissible good reason reach issue matters stand certainly nothing opinion suggests petitioner must given access classified material justice clark dissenting case clear simple respondents members president cabinet series hearings refused give greene access certain government military information classified secret pertinent executive order defines secret information defense information material unauthorized disclosure result serious damage nation jeopardizing international relations endangering effectiveness program policy vital importance national defense compromising important military defense plans scientific technological developments important national defense information revealing important intelligence operations exec order fed reg cfr comp holding greene constitutional protection private job ordered president cabinet members revoke refusal give greene access military secrets strikes present regulations insufficiently authorized either president congress procedures fail provide confrontation board hearings let us first consider problem constitutional issue believe error holding must order reach authorization issue greene right hold specific private employment follow chosen profession free unreasonable governmental interference protected fifth amendment cites four cases support proposition says compare four others read cases one point fact find single case support position even suit damages ground interference private contracts lie government congress specifically exempted suits tort claims act action today may effect exemption since greene claim vitarelli see vitarelli seaton reimbursement loss wages see taylor mcelroy post date back salary time year holding fifth amendment protects greene ignores basic consideration case namely person save president constitutional right access governmental secrets even though access necessary one keep job private industry still entitled secrets matters consequence unable secure specific job loses one presently enjoys simple reason conclusion constitutional right secrets access secrets granted government entirely permissive may revoked time cabinet officers done every day governmental operation seems hold access granted greene benefit access granted secure government supplies services needed contract erco specifically provided action taken cabinet officers greene general manager erco knew provisions every person working government contracts rights greene given government indeed box said perkins lukens steel like private individuals businesses government enjoys unrestricted power produce supplies determine deal fix terms conditions upon make needed purchases judicial restraint administer government purchasing constitute break settled judicial practice departure fields hitherto wisely happily apportioned genius polity administration another branch government time since programs vogue established rights confrontation witnesses required fact present regulations patterned employee loyalty program first inaugurated upon passage hatch act rights confrontation never recognized every attorney general since time approved procedures every president noted though several cases attacked regulations ground yet strike shall labor point say opinion procedures comport fairness required administrative action security field score cases cited support position one contrary action striking program lack specific authorization indeed strange hard understand critical time national emergency defense establishment know whether program constitutional wherein deficient sure remember times emergency grave present permitted without hearing whatsoever much less confrontation remove american citizens homes west coast place concentration camps see hirabayashi korematsu examination japanese exclusion orders indicates clearly executive order general authorization two congress time created criminal offenses violation exclusion curfew orders military commander likewise criminal statutes japanese orders time war involved inception war continued national emergency declared president one informed present world affairs say safety less jeopardy today fact spending nearly much money protect war period light inescapable existing authorizations entirely sufficient let us examine ii president congress granted sufficient authority cabinet officers national security act stat effected reorganization military departments placed secretary defense head national military establishment section act transferred new organization laws orders regulations actions applicable respect function transferred act section created munitions board within military establishment supervision secretary defense among functions coordinate appropriate activities within national military establishment regard industrial matters including procurement plans plan military aspects industrial mobilization perform duties secretary defense may direct munitions board responsible necessary action coordinate internal security within national military establishment regard industrial matters work planned phases carried forward following programs development plans directives protect classified armed forces information hands industry potential enemies establishment uniform methods handling personnel clearances secrecy agreements first report secretary defense industrial security program coordinate develop uniform practices protect classified military information placed hands industry procurement research contracts continued munitions board criteria developed granting denial personnel facility clearances performance classified contracts work started establish central security clearance register centralize clearance data ready reference departments prevent duplication making clearance investigations joint personnel security board administers program industrial employment review board hears appeals security clearance denials second report secretary defense fiscal year secretary defense informed president report required law status industrial security program past months munitions board activated industrial employment review board established procedures latter operate developed set uniform criteria stipulating circumstances security clearances denied munitions board also established central index security clearance file serve clearing house individual facility clearances denials developed standard security requirements check list uniform standards security investigations facility contractors personnel developed standard military security agreement coordinated bind potential suppliers security regulations classified contract awarded manual give security guidance industry prepared semiannual report secretary defense july thus see program years carried express authority president regularly reported highest cabinet officers say despite facts president sufficiently authorized program beyond unless means necessary president write industrial security manual hand furthermore think congress sufficiently authorized program kept fully aware development appropriated money support formative period program congress appropriation hearings kept fully informed activity carpenter chairman munitions board appeared subcommittee house committee appropriations testify concerning requested appropriation board report indicates much testimony record contain specific references program attack significantly appropriation bill included item maintenance inter alia board general timberlake member board testified going intensify industrial mobilization planning within department defense particular emphasis industrial security house representatives hearings subcommittee committee appropriations supplemental appropriation sess reorganization plan functions munitions board transferred various assistant secretaries defense industrial security program put assistant secretary defense manpower personnel reserve forces course office received appropriation year hearings cite two certainly indicate awareness part congress existence industrial security program continued appropriations hardly bespeak unwillingness part congress carried congress motion senator wiley unanimous consent caused printed internal security manual doc sess compilation laws regulations congressional committees relating national security contained volume industrial personnel security review regulation verbatim copy regulations set secretary defense february manual outlined detail hearing procedures condemned important note final denial greene clearance board acting regulations still one voice raised either within without halls congress defense department exceeded authority contractor employees denied constitutional rights cases held inaction congress circumstances much less specific clear ratification program carried executive ask vital blind see others see understand rumely certainly clear suppose present fastidiousness satisfied president incorporating present industrial security program specific executive order congress placing statute books seems entirely superfluous light clear authorization presently existing cabinet officers also subjects government multitudinous actions perhaps large damages reason discharges made pursuant present procedures might add nota bene even cabinet officers given specific direction opinion today dealing copiously constitutional issues puts cloud employee loyalty program one attack neither requires hearings afford confrontation disclaims deciding constitutional question one reading opinion doubt explicit language broad sweep speaks prophecy let us hope winds may change present temporary debacle turn rout internal security brother harlan kindly credits colorful characterization stating issue take great pride authorship must say instance merely agreed statement issue solicitor general five different places brief see pp erco agreed government contract well known greene exclude individual part plant work contract performed cleared navy access military secrets brother harlan suggest action today requires president cabinet members revoke refusal give petitioner access military secrets despite views may reliability government officials well versed application judgments practicalities government operation say relief greene seeks grants substance mandatory injunction requiring government show practice allow contractors show defense secrets notwithstanding judgment executive branch disclosure might jeopardize national safety brief dent west virginia held west virginia statute deprive one previously practicing medicine rights without due process requiring obtain license act schware board bar examiners likewise license case pass upon right privilege practice law merely holding facts refusal permit schware take examination invidiously discriminatory peters hobby simply held action taken violated executive order involved concurring opinion douglas went alone question right discuss question much less pass upon slochower board education held summary dismissal without evidence new york school teacher pleaded fifth amendment senate committee violated due process case merely touched right plead fifth amendment property rights truax raich allgeyer louisiana powell pennsylvania equal protection cases wherein discrimination claimed greene alleges discrimination see bailey richardson app affirmed equally divided peters hobby report commission government security doc sess war department pamphlet provided criteria procedures removal subversives basic criterion good cause suspect employee subversive activity latter defined sabotage espionage wilful activity intended disrupt national defense program basic procedure removal set adequate investigation revealed good cause suspect employee subversive activity national defense project importance army navy procurement vital success project well security loyal employees may require army navy without revealing nature source evidence request immediate removal individual project end cooperation organizations representative organized labor solicited following program national security act amendments stat amended delete subparagraph annual report secretary army fiscal year part iv exec order specifically stated investigative agency may refuse disclose names confidential informants provided furnishes sufficient information informants basis requesting department agency make adequate evaluation information furnished provided advises requesting department agency writing essential protection informants investigation cases identity informants revealed house representatives hearings subcommittee committee appropriations national military establishment appropriation bill sess reason dearth legislative reference program appears hearings appropriation bill consideration time proposal fund reimburse contractor employees suspended security check subsequently cleared general moore testified past reimbursement made service secretaries contingency funds followed colloquy mahon contingency fund buy boy top toy provided secretary defense thinks proper moore right come explain committee respect secret session much spent precisely spent house representatives hearings subcommittee committee appropriations department defense appropriations sess