barenblatt argued november decided june summoned testify subcommittee house representatives committee activities investigating alleged communist infiltration field education petitioner formerly graduate student teaching fellow university michigan refused answer questions whether ever member communist party disclaimed reliance upon privilege objected generally right subcommittee inquire political religious beliefs personal private affairs associational activities upon grounds set forth previously prepared memorandum based first ninth tenth amendments prohibition bills attainder doctrine separation powers refusal convicted violation makes misdemeanor person summoned witness either house congress committee thereof refuse answer question pertinent question inquiry fined sentenced imprisonment six months held petitioner conviction sustained pp light committee history repeated extensions life well successive appropriations house representatives conduct activities legislative authority subcommittee conduct inquiry consideration unassailable house rule xi congress defines committee authority said constitutionally infirm score vagueness watkins distinguished pp rule xi persuasive gloss legislative history shows beyond doubt pursuance legislative concerns domain national security house representatives clothed committee pervasive authority investigate communist activities country pp light legislative history rule xi construed exclude field education committee compulsory authority pp record case refutes petitioner contention adequately apprised pertinency subcommittee questions subject matter inquiry watkins supra distinguished pp record case balance individual governmental interests stake must struck favor latter therefore provisions first amendment transgressed subcommittee inquiry petitioner past present membership communist party pp first amendment rights asserted bar governmental interrogation resolution issue always involves balancing courts competing private public interests stake particular circumstances shown pp investigation involved related valid legislative purpose since congress wide power legislate field communist activity country conduct appropriate investigations aid thereof pp investigatory power domain denied congress solely field education involved record case indicate attempt committee inquire content academic lectures discussions investigate extent communist party succeeded infiltrating educational institutions persons groups committed furthering party alleged objective violent overthrow government sweezy new hampshire distinguished pp record case said true objective committee congress purely exposure rather furtherance valid legislative purpose pp record barren factors might lead conclusion individual interests stake subordinate government edward ennis argued cause petitioner brief nanette dembitz david scribner philip monahan argued cause brief solicitor general rankin acting assistant attorney general yeagley doris spangenburg briefs amici curiae urging reversal filed ralph fuchs leo huard american association university professors nathan witt john coe national lawyers guild justice harlan delivered opinion required resolve conflicting constitutional claims congressional power individual right resist exercise congressional power question concerns internal process congress moving within legislative domain involves utilization committees secure testimony needed enable efficiently exercise legislative function belonging constitution mcgrain daugherty power inquiry employed congress throughout history whole range national interests concerning congress might legislate decide upon due investigation legislate similarly utilized determining appropriate national purse whether appropriate scope power inquiry short penetrating potential power enact appropriate constitution broad power however without limitations since congress may investigate areas may potentially legislate appropriate inquire matters within exclusive province one branches government lacking judicial power given judiciary inquire matters exclusively concern judiciary neither supplant executive exclusively belongs executive congress common branches government must exercise powers subject limitations placed constitution governmental action particularly context case relevant limitations bill rights congressional power inquiry range scope individual duty relation must viewed proper perspective mcgrain daugherty supra landis constitutional limitations congressional power investigation harv rev black inside senate investigation harpers monthly february power right resistance judged concrete basis abstractions present case congressional efforts learn extent indeed problem brought one investigating committees field education course broadly viewed inquiries made teaching pursued educational institutions academic corollary essential nation claimed always alert intrusion congress constitutionally protected domain mean congress precluded interrogating witness merely teacher educational institution constitutional sanctuary inquiry matters may otherwise within constitutional legislative domain merely reason inquiry made someone within walls setting framework constitutional history practice legal precedents turn particularities case review petitioner conviction contempt congress arising refusal answer certain questions put subcommittee house committee activities course inquiry concerning alleged communist infiltration field education case us second time petitioner conviction originally affirmed unanimous panel appeals app granted certiorari vacated judgment appeals remanded case consideration light watkins reversed contempt congress conviction decided appeals decision issued thereafter appeals sitting en banc reaffirmed conviction divided app granted certiorari consider petitioner statutory constitutional challenges conviction particularly claim judgment stand decision watkins case pursuant subpoena accompanied counsel petitioner june appeared witness congressional subcommittee answering preliminary questions testifying graduate student teaching fellow university michigan instructor psychology vassar college shortly appearance subcommittee petitioner objected generally right subcommittee inquire political religious beliefs personal private affairs associational activities upon grounds set forth previously prepared memorandum allowed file subcommittee thereafter petitioner specifically declined answer following five questions member communist party count one ever member communist party count two stated knew francis crowley know francis crowley member communist party count three ever member haldane club communist party university michigan count four member student university michigan council arts sciences professions count five following receipt subcommittee report occurrences house duly certified matter district columbia attorney contempt proceedings indictment five counts embracing one petitioner several refusals answer ensued consent sides case tried without jury upon conviction counts general sentence six months imprisonment fine imposed since sentence less maximum punishment authorized statute conviction one count judgment must upheld conviction upon counts sustainable see claassen roviaro whitfield ohio conceive ultimate issue case whether petitioner properly convicted contempt refusing answer questions relating participation knowledge alleged communist party activities educational institutions country find unnecessary consider validity conviction third fifth counts ones involving questions face directly relate participation knowledge petitioner various contentions resolve three propositions first compelling testimony subcommittee neither legislatively authorized constitutionally permissible vagueness rule xi house representatives congress charter authority parent committee second petitioner adequately apprised pertinency subcommittee questions subject matter inquiry third questions petitioner refused answer infringed rights protected first amendment subcommittee authority compel testimony watkins case properly read standing proposition principal contention watkins refusals answer justified requirement questions asked pertinent question inquiry satisfied reversed conviction solely ground holding watkins adequately apprised subject matter subcommittee investigation pertinency thereto questions refused answer see concurring opinion case deciding drew upon rule xi one facets total mise en scene search question inquiry particular investigation words dealing rule xi large indeed effect stated issue vagueness rule xi alone determinative also shown statement aside rule remarks chairman members committee even nature proceedings might sometimes make topic inquiry clear ibid short watkins critical rule xi involve broad inflexible holding petitioner attributes petitioner also contends independently watkins vagueness rule xi deprived subcommittee right compel testimony investigation communist activity agree contention furthest reach mean house activities committee existing authority right compel testimony circumstances granting vagueness rule may read isolation long history house representatives legislation often given meaning gloss legislative reports administrative interpretation long usage proper meaning authorization congressional committee derived alone abstract terms unrelated definite content furnished course congressional actions rule comes us persuasive gloss legislative history witkovich shows beyond doubt pursuance legislative concerns domain national security house clothed activities committee pervasive authority investigate communist activities country essence history briefly stated activities committee originally known dies committee first established house committee principally consequence concern activities bund whose members suspected allegiance hitler germany communist party supposed many domination soviet union beginning without interruption present time undoubted knowledge approval house committee devoted major part energies investigation communist activities particularly committee announced program field pursuant years conducted diverse inquiries alleged communist activities espionage efforts learn atom bomb secrets infiltration labor farmer veteran professional youth motion picture groups addition held number hearings upon various legislative proposals curb communist activities context unremitting pursuits house steadily continued life committee commencement new congress never narrowed powers committee whose authority remained throughout identical contained rule xi continuingly supported committee activities substantial appropriations beyond committee raised level standing committee house special committee prior time light long illuminating history hardly seriously argued investigation communist activities generally attendant use compulsory process beyond purview committee intended authority rule xi urged however construe rule xi least exclude field education committee compulsory authority two four dissenting judges relied entirely two alternatively ground app contention premised course took rumely order avoid constitutional issues construed narrowly authority congressional committee involved follow route case rule xi speak since congress put gloss upon time passage one subsequent history rule infirmity post litem motam declarations see rumely supra contrary legislative gloss rule xi compelling indication house ever viewed field education outside committee authority rule xi legislative history affirmatively evinces house approval phase committee work first year activities committee heard testimony alleged communist activities brooklyn college following year conducted similar hearings relating american student union teachers union field communist influences education one items contained committee program investigations including education took place committee instituted investigation involved case desirability investigating communism education specifically discussed consideration appropriation year controversial debate approved framework committee history must conclude legislative authority conduct inquiry presently consideration unassailable independently whatever bearing broad scope rule xi may issue pertinency given investigation communist activities watkins rule said constitutionally infirm score vagueness constitutional permissibility authority otherwise matter discussed later pertinency claim watkins petitioner made specific objection subcommittee questions ground pertinency question inquiry disclosed illuminating manner questions asked petitioner amorphous face instances clearly foreign alleged subject matter investigation communism labor contrast petitioner case us raised objections ground pertinency time questions put true memorandum petitioner brought subcommittee hearing contained statement ask whether member communist party may dire consequences might wish challenge pertinency question investigation another point quoted opinion jones securities exchange language relating witness right informed pertinency questions asked administrative agency statements however accepted equivalent pertinency objection best constituted contemplated objection questions still unasked buried context petitioner general challenge power subcommittee hardly considered adequate within meaning said watkins supra trigger subcommittee reciprocal obligation faced pertinency objection need however rest decision petitioner failure object score pertinency made appear undisputable clarity first goes without saying scope committee authority house witness determine subject ultimate reviewing responsibility deal whether petitioner sufficiently apprised topic inquiry thus authorized connective reasoning whereby precise questions asked relate light prepared memorandum constitutional objections doubt petitioner well aware subcommittee authority purpose question see supra addition sources information recognized watkins supra leave room pertinency objection record subject matter inquiry identified commencement investigation communist infiltration field education prior petitioner appearance subcommittee scope day hearings announced main communism education experiences background party francis crowley deal activities michigan boston small degree new york petitioner heard subcommittee interrogate witness crowley along lines petitioner evidently questioned listened crowley testimony identifying former member alleged communist student organization university michigan attendance petitioner stood mute face chairman statement called witness subcommittee lastly unlike watkins petitioner refused answer questions communist party affiliations whose pertinency course clear beyond doubt petitioner contentions aspect case sustained constitutional contentions precise constitutional issue confronting us whether subcommittee inquiry petitioner past present membership communist party transgressed provisions first amendment course reach limit congressional investigations watkins supra past cases establish sure guides decision undeniably first amendment circumstances protects individual compelled disclose associational relationships however protections first amendment unlike proper claim privilege fifth amendment afford witness right resist inquiry circumstances first amendment rights asserted bar governmental interrogation resolution issue always involves balancing courts competing private public interests stake particular circumstances shown principles recognized watkins case speaking first amendment relation congressional inquiries said manifest despite adverse effects follow upon compelled disclosure private matters inquiries barred critical element existence weight ascribed interest congress demanding disclosures unwilling witness see also american communications assn douds rumely supra recently national association advancement colored people alabama applied principles judging state action claimed infringe rights association assured due process clause fourteenth amendment stated subordinating interest state must compelling order overcome individual constitutional rights stake see sweezy new hampshire concurring opinion light principles consider petitioner first amendment claims first question whether investigation related valid legislative purpose congress may constitutionally require individual disclose political relationships private affairs except relation purpose see watkins supra congress wide power legislate field communist activity country conduct appropriate investigations aid thereof hardly debatable existence power never questioned sufficient say without particularization congress enacted considered field wide range legislative measures stemmed recommendations committee whose actions drawn question last analysis power rests right ultimate value society dennis justification exercise turn rests long widely accepted view tenets communist party include ultimate overthrow government force violence view given formal expression congress premises constitutional adjudications consistently refused view communist party ordinary political party upheld federal legislation aimed communist problem different context certainly raised constitutional issues gravest character see carlson landon galvan press premises upheld fourteenth amendment state legislation requiring occupying seeking public office disclaim knowing membership organization advocating overthrow government force violence legislation none avoid seeing aimed membership communist party see gerende board supervisors garner board public works see also beilan board public education lerner casey adler board education similarly areas recognized close nexus communist party violent overthrow government see dennis supra american communications assn douds supra suggest communist party may also sponsor peaceable political reforms constitutional issues us judged party ordinary political party standpoint national security ask blind world affairs determined whole course national policy since close world war ii affairs judge learned hand gave vivid expression opinion dennis vast burdens conditions entailed entire nation think investigatory power domain denied congress solely field education involved nothing prevailing opinions sweezy new hampshire supra stands contrary view vice existing questioning sweezy shown ever connected communist party contents lecture given university new hampshire connections progressive party ballot normal political party far removed premises constitutionality state investigation depend withstand attack fourteenth amendment see concurring opinion sweezy supra different thing inquiring extent communist party succeeded infiltrating universities elsewhere persons groups committed furthering objective overthrow see note supra indeed understand petitioner suggest congress circumstances may inquire communist activity field education rather position effect particular investigation aimed revolutionary aspects theoretical classroom discussion communism opinion position rests constricted view nature investigatory process supported fair assessment record us investigation advocacy preparation overthrow certainly embraces right identify witness member communist party see barsky app inquire various manifestations party tenets strict requirements prosecution smith act see dennis supra yates measure permissible scope congressional investigation overthrow necessity investigatory process must proceed step step fairly concluded investigation directed controlling taught universities rather overthrow statement subcommittee chairman opening investigation evinces intention far record reveals nothing thereafter transpired justify holding thrust investigation later changed record discloses considerable testimony concerning foreign domination revolutionary purposes efforts communist party also testimony abstract philosophical level detract dominant theme investigation communist infiltration furthering alleged ultimate purpose overthrow certainly conclusion justified questioning petitioner exceeded permissible bounds shut subcommittee threshold accept contention investigation deemed furtherance legislative purpose true objective committee congress purely exposure long congress acts pursuance constitutional power judiciary lacks authority intervene basis motives spurred exercise power arizona california cases cited course true said mccray authority judiciary restrain lawful exercise power another department government wrong motive purpose impelled exertion power abuses power conferred may temporarily effectual remedy however lies abuse judicial authority functions people upon institutions reliance must placed correction abuses committed exercise lawful power principles course apply well committee investigations need legislation enactments investigations may produce cf tenney brandhove thus stating watkins case congressional power expose sake exposure time declined inquire motives committee members recognized motives alone vitiate investigation instituted house congress assembly legislative purpose served scrutinized record say unanimous panel appeals first considered case wrong concluding primary purposes inquiry aid legislative processes certainly case like kilbourn thompson house representatives exceeded limit authority assumed power properly exercised another branch government nature clearly judicial see mcgrain daugherty constitutional legislative power congress instance beyond question finally record barren factors might sometimes lead conclusion individual interests stake subordinate state indication record subcommittee attempting pillory witnesses petitioner appearance witness follow indiscriminate dragnet procedures lacking probable cause belief possessed information might helpful subcommittee relevancy questions put subcommittee open doubt conclude balance individual governmental interests stake must struck favor latter therefore provisions first amendment offended hold petitioner conviction contempt congress discloses infirmity judgment appeals must affirmed footnotes words panel appeals first heard case memorandum best described lengthy legal brief attacking jurisdiction committee ask appellant questions conduct inquiry based first ninth tenth amendments prohibition bills attainder doctrine separation powers app take mean privilege see note supra res cong rec committee charter appears paragraph rule xi references rule throughout opinion intended signify paragraph committee activities whole subcommittee authorized make time time investigations extent character objects propaganda activities diffusion within subversive propaganda instigated foreign countries domestic origin attacks principle form government guaranteed constitution questions relation thereto aid congress necessary remedial legislation res cong rec rule remains current form res cong watkins reached extent claimed petitioner reversal judgment appeals remand consideration required case first came us res cong rec see debate original authorizing resolution cong rec sess sess sess sess sess sess sess report committee activities house representatives december committee print sess rep sess sess sess sess sess sess sess sess scope program follows expose ferret communists communist sympathizers federal government spotlight spectacle outright communists controlling dominating vital unions american labor institute countereducational program subversive propaganda hurled american people investigation groups movements trying dissipate atomic bomb knowledge benefit foreign power investigation communist influences hollywood investigation communist influences education organization research staff furnish reference service members congress keep currently informed subjects relating subversive activities continued accumulation files records placed disposal investigative units government armed services report committee activities house representatives committee print report committee activities house representatives december committee print sess sess sess rep sess res cong rec res cong rec res cong rec res cong rec res cong rec see note infra see res cong rec res cong rec res cong rec res cong rec res cong rec res cong rec res cong rec res cong rec res cong res cong rec committee charter embodied legislative reorganization act stat since house continued life committee making charter provisions act part house rules new congress res cong rec res cong rec res cong rec res cong rec res cong rec res cong rec res cong hearings house special committee activities res sess hearings house special committee activities res sess see note supra defense area hearings detroit involved inquiries communist activities among students teachers michigan schools universities sess similar investigations conducted committee year chicago defense area committee investigated alleged communist infiltration public school systems philadelphia new york sess course debate member activities committee representative jackson commented far education concerned american educators gentlemen objecting investigation communism communists education recognize valid distinction want point blunderbuss approach problem communism education interested textbooks interested classroom operations universities interested instead finding communists communist conspiracy may say connection sworn testimony identifying individuals presently campuses country men identified oath members communist party member body say investigate situation cong rec citizen interrogated private affairs right answering know inquiry made purpose disclosed legitimate one may compelled answer excerpts chairman statement opening investigation february nature inquiry set forth note infra crowley immediately preceded petitioner witness stand appears undisputed petitioner hearing room time statement made crowley testimony examination petitioner acknowledged knowing crowley chairman stated hearing petitioner excused evidence information contained files committee nature evidence shows clearly witness information communist activities america particularly attended university michigan information witness valuable committee work sustaining petitioner conviction one five counts indictment suffices affirmance judgment review state constitutional issue terms petitioner refusals answer questions involved counts one two order sharpen discussion however consider refusal answer question embraced count four require constitutional result counts three five see supra congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances see legislative recommendations house committee activities subsequent action taken congress executive agencies research study legislative reference service library congress committee activities house representatives june see subversive activities control act title internal security act stat see also carlson landon amicus brief american association university professors page claims academic freedom asserted unqualifiedly social interest embodies one larger set within interest national enlightened also prominently appear two major interests collide present case neither one claim priori supremacy nature system laws must demonstrable justification action government endangers denies freedom guaranteed constitution stat following excerpts statement opening hearing well make clear others nature investigation time time committee investigated communists communist activities within entertainment newspaper labor fields also within professions government instance work committee taken character investigation entertainment organizations newspapers labor unions professions government purpose committee investigate education educational institutions purpose committee investigating communists communist activities within field education greater less purpose investigating communists communist activities within field labor field committee charged congress responsibility investigating extent character objects propaganda activities diffusion within subversive propaganda instigated foreign countries domestic origin attacks principle form government guaranteed constitution questions relation thereto aid congress necessary remedial legislation fully established testimony congressional committees courts land communist party part international conspiracy used tool weapon foreign power promote foreign policy object overthrow governments countries resorting use force violence necessary communism communist activities investigated vacuum investigation must necessity relate individuals therefore morning committee calling one davis person known committee one time member communist party committee equally concerned opportunities communist party wield influence upon members teaching profession students communists members teaching profession therefore objective investigation ascertain character extent objects communist party activities activities carried members teaching profession subject directives discipline communist party full statement printed appendix original appeals opinion app thus early investigation one witnesses hicks testified response question general purpose communist party endeavoring organize cell unit among teaching profession various universities contrary original view obvious popular front communist protection democracy fascism simply dodge happened particular years serve foreign policy soviet union seems party organizing branches colleges two purposes one carry existing line wanted make show advancing course try corps disciplined revolutionaries use purposes time came agree appeals one sentence appearing committee report upon petitioner largely predicates exposure argument bears little significance read context full report light entire record sentence reads hearings set committee order demonstrate people michigan fields concentration communist party michigan area identity individuals responsible success see note supra justice black chief justice justice douglas concur dissenting may petitioner lloyd barenblatt years old teacher psychology vassar college summoned appear subcommittee house committee activities service summons barenblatt appeared june contract vassar expired renewed therefore came committee private citizen without job earlier day committee interest barenblatt aroused testimony named crowley crowley first appeared activities committee steadfastly refused admit deny communist affiliations identify others communists house reported refusal attorney prosecution crowley voluntarily returned asked testify sworn interrogated made aware various committee members committee policy make appropriate recommendation protect witness fully cooperates committee talked length identifying name address occupation whenever possible people claimed communists one barenblatt according crowley communist graduate student teaching fellow university michigan though crowley testified great detail small group communists michigan time though committee satisfied testimony sought repetition much information barenblatt barenblatt however refused answer questions filed long statement outlining constitutional objections asserted committee violating constitution abridging freedom speech thought press association conducting legislative trials known suspected communists trespassed exclusive power judiciary argued however answered questions relating membership communist party position society ability earn living seriously jeopardized effect subjected bill attainder despite constitutional mandate legislative punishments occur pointed even invoke protection clearly applicable provisions bill rights reason refusing answer repeated objections district reason dismissing indictment contempt congress position however rejected trial appeals district columbia circuit strong dissents chief judge edgerton judges bazelon fahy washington today affirms thereby sanctions use contempt power enforce questioning congressional committees realm speech association agree disposition case believe resolution establishing house activities committee questions committee asked barenblatt violate constitution several respects rule xi creating committee authorizes sweeping unlimited undiscriminating compulsory examination witnesses field speech press petition assembly violates procedural requirements due process clause fifth amendment compelling answer questions asked barenblatt abridges freedom speech association contravention first amendment committee proceedings part legislative program stigmatize punish public identification exposure witnesses considered committee guilty communist affiliations well witnesses refused answer committee questions constitutional grounds committee thus improperly seeking try convict punish suspects task constitution expressly denies congress grants exclusively courts exercised indictment full compliance safeguards provided bill rights goes without saying law valid must clear enough make commands understandable obvious reasons standard certainty required criminal statutes exacting noncriminal statutes simply unthinkable convict man violating law understand recognized stricter standard much required criminal contempt cases criminal cases emphasized vice vagueness especially pernicious legislative power area involving speech press petition assembly involved area statement statute void attempts cover much effectively covers nothing see musser utah takes double significance statute broad enough support infringement speech writings thoughts public assemblies unequivocal command first amendment necessarily leaves persons guess law really means cover fear wrong guess inevitably leads people forego rights constitution sought protect others vagueness becomes even intolerable area one accepts today balancing test decide first amendment rights shall protected difficult best make man guess penalty imprisonment whether consider state need certain information superior society interest unfettered freedom unconscionable make choose right keep silent need speak statute supposedly establishing state interest vague give guidance cf scull virginia measured foregoing standards rule xi support conviction refusal testify substance authorizes committee compel witnesses give evidence propaganda whether instigated country abroad word propaganda seems mean anything people say write think associate together term equally vague said watkins define meaning single solitary principle form government guaranteed constitution think clear boundaries committee say least nebulous indeed difficult imagine less explicit authorizing resolution ibid denying vagueness rule xi nevertheless defends application questions asked concerned communism subject investigation reported house committee numerous occasions issue merely whether congress intended allow investigation communism even communism education may well hold data cited sufficient support finding intent expressly issue test issue whether barenblatt know sufficient certainty time interrogation compelling need replies infringement rights free association justified record disclose barenblatt find need certainly clear congressional statement rule xi perhaps barenblatt time read reports committee house addition examined appropriations made committee like discerned intent congress allow investigation communism education even hard put decide need investigation since congress expressed neither enacted rule xi acquiesced committee assertions power yet knowledge need wanted wanted witness must position comply rule balance individual rights requirements state see knowledge exist rule xi even barenblatt evaluate importance government information sought rule xi still broad support conviction dealing governmental procedures admits reach fringes congressional power cases required legislatures vague delegation filled later mute acquiescence congress wants ideas investigated even wants investigated field education must prepared say expressly unequivocally enough exhaustive research establish even conclusively congress wished allow investigation find unequivocal statement reasons hold rule xi broad meaningful support petitioner conviction ii first amendment says equivocal language congress shall pass law abridging freedom speech press assembly petition activities committee authorized congress precisely exposure obloquy public scorn see watkins really deny fact relies combination three reasons permitting infringement notion despite first amendment command congress abridge speech association decides governmental interest abridging speech greater individual interest exercising freedom government right preserve fact committee communists suspected communists investigation agree laws directly abridging first amendment freedoms justified congressional judicial balancing process course cases suggesting law primarily regulates conduct might also indirectly affect speech upheld effect speech minor relation need control conduct cases agree typical cantwell connecticut schneider irvington involved right city control streets cantwell man convicted breach peace playing phonograph street defended ground disseminating religious views therefore stopped upheld defense pointed city substantial power conduct streets even power might extent affect speech state said might general legislation regulate times places manner soliciting upon streets holding meetings thereon even laws governing conduct emphasized must tested though balancing process indirectly affect ideas one side balance pointed interest seeing fundamental law protecting freedom communication abridged obvious interest state regulate conduct within boundaries cantwell held need control streets justify restriction made speech stressed fact man right street right peacefully impart views others similar views expressed schneider concerned ordinances prohibiting distribution handbills prevent littering forbade application ordinances affected literature designed spread ideas ways said protect city littering sacrifice right people informed holding course found necessary weigh circumstances schneider cantwell even remotely suggest law directly aimed curtailing speech political persuasion saved balancing process neither cases others read allowing legislative bodies pass laws abridging freedom speech press association merely hostility views peacefully expressed place speaker right rule xi face applied since attempts inquiry beliefs action ideas associations conduct apply balancing test circumstances read first amendment say congress shall pass law abridging freedom speech press assembly petition unless congress reach joint conclusion balance interest government stifling freedoms greater interest people exercised closely akin notion neither first amendment provision bill rights enforced unless believes reasonable violate genius written constitution runs expressly counter injunction congress made madison introduced bill rights first ten amendments incorporated constitution independent tribunals justice consider peculiar manner guardians rights impenetrable bulwark every assumption power legislative executive naturally led resist every encroachment upon rights expressly stipulated constitution declaration rights unless return view judicial function unless accept notion bill rights means says must enforce meaning opinion great charter liberty honored breach observance even assuming assume balancing proper case feel stating test ignores completely balances right government preserve barenblatt right refrain revealing communist affiliations balance however mistakes factors weighed first place completely leaves real interest barenblatt silence interest people whole able join organizations advocate causes make political mistakes without later subjected governmental penalties dared think right right err politically keeps us strong nation number laws communism much effect personal conviction comes heard arguments rejected accepted tenets later recognized worthlessness instead obloquy results investigations stifles mistakes prevents courageous hazarding views might later time become disfavored result whose importance overestimated doubly crucial affects universities must largely rely experimentation development new ideas essential country welfare interests society rather barenblatt right silence think put balance demands government balancing process tolerated instead mentioned side demands government vastly overstated called self preservation admitted committee seek information purpose suggesting laws congress power make laws realm speech association quite limited even test interest making laws field education primarily state function clearly narrower still yet styles attenuated interest allows overcome need country let us think speak associate politically like without fear reprisal result reduces balancing mere play words completely inconsistent rules previously given applying balancing test proper courts astute examine effect challenged legislation mere legislative preferences beliefs may well support regulation directed personal activities insufficient justify diminishes exercise rights vital maintenance democratic institutions schneider irvington italics supplied moreover agree notion first amendment freedoms must abridged order preserve country notion rests unarticulated premise nation security hangs upon power punish people think speak write associate political purposes government brief virtually admits position speaks communication unlawful ideas challenge premise deny ideas proscribed constitution agree despotic governments exist without stifling voice opposition oppressive practices first amendment means however constitutional way government preserve leave people fullest possible freedom praise criticize discuss see fit governmental policies suggest desire even fundamental postulates bad changed therein lies security republic foundation constitutional government premise land created premise grown greatness constitution assumes common sense people attachment country enable free discussion withstand ideas wrong say patriotism must protected false ideas means think make baseless charge unless rely qualities short begin punish speech honestly proclaim free nation lost founders land risked lives sacred honor defend implies however ordinary rules requirements constitution apply committee merely communists constitute political party criminal gang long widely accepted view says tenets communist party include ultimate overthrow government force violence justifies investigation undertaken accepting charge allowing support treatment communist party members violate constitution applied groups effect declares party outlawed years since practically unanimous feeling throughout country courts done free land course always recognized members party either individually combination commit acts violation valid laws prosecuted party whole innocent members attainted merely illegal aims members lawbreakers thus de jonge oregon stipulated facts communist party advocated criminal syndicalism crime physical violence sabotage unlawful acts methods means accomplishing effecting industrial political change revolution unanimous speaking chief justice hughes held communist addressing communist rally found guilty offense long violence crime urged meeting absolutely refused concede either de jonge communist party forfeited protections first fourteenth amendments one party purposes effect violent change government see also herndon lowry later various bills proposed house senate handicap outlaw communist party leaders bar asked give views rose contest constitutionality measures late charles evans hughes questioned validity first fifth amendments one bills effect outlawed party late john davis attacked lacking ascertainable standard guilt many cases attorney general indicated measure unconstitutional declared unwise even valid buttressed position citing statement edgar hoover director federal bureau investigation declaration west virginia board education barnette fixed star constitutional constellation official high petty prescribe shall orthodox politics nationalism religion matters opinion force citizens confess word act faith therein statements indicate quite clearly matter often quickly repeat claim communist party political party outlaw group without endangering liberty us reason hard find mixed among aims communism illegal perfectly normal political social goals muddled revolutionary tenets drive achieve power ballot done things necessarily make political party whatever illegal aims may cf gerende board supervisors significantly recently communist party ballot many many communists undoubtedly hoped accomplish lawful goals support communist candidates even may still remain attribute left party taint group ignore traditions guilt like belief personal matter mere association obvious fact men adhering political party organization notoriously subscribe unqualifiedly platforms asserted principles schneiderman see also dennis dissenting opinions fact allow group political aims ideas driven ballot battle men minds members bad tenets illegal group safe today deal communists suspected communists instead new york assembly suspended duly elected legislators ground socialists disloyal country principles masons hunted outlaws subversives abolitionists considered revolutionaries dangerous kind north south earlier still time universally unlamented alien sedition laws thomas jefferson party attacked members derisively called jacobins fisher ames described party french faction guilty subversion officered regimented formed subordination members claimed intended take arms laws soon dare history teach us times high emotional excitement minority parties groups advocate extremely unpopular social governmental innovations always typed criminal gangs attempts always made drive knowledge fact great dangers caused founders land enact first amendment guarantee neither congress people anything hinder destroy capacity individuals groups seek converts votes cause however radical unpalatable principles might seem accepted notions time whatever left free first amendment sought leave congress devoid kind quality power direct type national laws freedom individuals think please advocate whatever policy choose join others bring social religious political governmental changes seem best today holding judgment marks another major step progressively increasing retreat safeguards first amendment sadly answer say allow trend overwhelm us today holding strictly confined communists language implies decision contained holding american communications assn douds case sustained exercise commerce power act required labor union officials take oath members communist party rejected idea douds holding meant party members attainted communist beliefs went great lengths explain act held valid touches relative handful persons leaving great majority persons identified affiliations beliefs completely free restraint hile sits proclaimed wholesale proscription communists party occur dissented said circumstances restrictions imposed proscribed groups seldom static even though rate expansion may move geometric progression discrimination ghetto worse thus regard holding one merely bars communists holding union office nothing reasoning apply forcibly statutes barring communists respective sympathizers election political office mere membership unions fact getting holding job whereby earn living iii finally think barenblatt conviction violates constitution chief aim purpose practice house activities committee disclosed many reports try witnesses punish communists refuse admit deny communist affiliations punishment imposed generally punishment humiliation public shame nothing strange novel kind punishment fact one oldest forms governmental punishment known mankind branding pillory ostracism subjection public hatred examples anything strange reviewing power congressional committee inflict punishment nullified action house representatives sentencing witness jail failing answer questions congressional committee kilbourn thompson held committee investigation jay cooke bankruptcy seeking exercise judicial power emphatically said committee seems proof activities committee undertaking purely judicial function overwhelming far stronger fact jay cooke investigation moreover concerned business transactions freedom association activities committee created immediately conceived function grand scale one ferreting subversives especially removed government jobs made many reports house urging removal employees finally instigation committee house put rider appropriation bill bar three government workers collecting salaries house action based committee findings three employees member associated organizations deemed undesirable views philosophies workers expressed various statements writings constitute subversive activity within definition adopted committee therefore unfit present continue government employment senate president agreed rider though without protest held statute void bill attainder lovett stating effect inflict punishment without safeguards judicial trial done either state even lovett holding however committee continued view agency government power exposure work unceasingly sincerely identify expose suspected communists subversives order eliminate virtually fields employment well succeeded declared program pitiless publicity exposure matter public record enough cite experience man masqueraded communist reported committee since membership became known unable hold job accomplish kind result committee called witnesses suspected communist affiliation subjected severe questioning insisted tell name every person ever known time communist possible give addresses occupations people named names indexed published reported congress often press technique employed cripple job opportunities strongly criticize committee take actions deems undesirable thus committee reported indexed printed names people signed communist petitions one kind another committee punish exposure many phases activities reports reached legislation administrative action agency government course includes courts intent expose punish manifest committee investigation led barenblatt conviction declared purpose investigation identify people michigan individuals responsible alleged communist success committee claimed investigation uncovered members communist party holding positions school systems michigan teachers subpoenaed committee refused answer questions ground might result teachers lost jobs stated committee activities approves action similarly result michigan investigation committee called upon american labor unions amend constitutions necessary order deny membership communist party member course prevent many workers getting holding kind jobs particular skills qualified today barely mentions statements especially read context past reports committee show unmistakably committee understand reports deemed relevant determination congressional intent investigate communism education irrelevant finding congressional intent bring exposure sake purposes punishment question committee patriotism sincerity merely feel done congress constitution even assuming federal government compel witnesses testify communist affiliations order subject ridicule social economic retaliation agree legislative function publicity clearly punishment constitution allows one way people convicted punished said lovett wrote constitution well knew danger inherent special legislative acts take away life liberty property particular named persons legislature thinks guilty conduct deserves punishment intended safeguard people country punishment without trial duly constituted courts italics added thus communism made crime communists subjected pains penalties still hold conviction bad crime communism like others punished jury trial judicial safeguards answer suggest legislative committees allowed punish grant accused rules courtesy allow counsel constitution proscribes bills attainder state nation merely lack counsel courtesy founders believed punishment serious matter entrusted group independent judiciary jury twelve men acting previously passed unambiguous laws procedural safeguards put constitution essential fair trial safeguards included right counsel compulsory process witnesses specific indictments confrontation accusers well protection double jeopardy cruel unusual punishment short due process law cf chambers florida believed long worthy men deprived liberties indeed lives parliamentary trials without safeguards memory one john lilburne banished disgraced parliamentary committee penalty death returned country particularly vivid constitution written attack trials committees warning done unto one may done unto every one part history times moved wrote constitution determine arbitrary punishments ever occur protection arbitrary punishments right judicial trial safeguards years distinguished america lands drumhead courts similar tribunals deprive weak unorthodox life liberty property without due process law right denied barenblatt today fails see see exposure punishment aim committee reason existence deny ignore committee claims reports issued ever since established believe nature judicial office requires us blind must conclude activities committee identification exposure communists suspected communists like activities committee kilbourn thompson amount encroachment judiciary bodes ill liberties people land ultimately questions case really boil one whether people try fearfully futilely preserve democracy adopting totalitarian methods whether accordance traditions constitution confidence courage free reverse conviction appendix opinion justice black dissenting random selection statements house activities committee exposure punishment subversives inform american people activities organizations real purpose house committee purpose committee task protecting constitutional democracy turning light pitiless publicity organizations sess first exposure committee undertook summer bund organizations greatly crippled result exposures american youth congress enjoyed considerable prestige today many distinguished former sponsors refuse found company kept spotlight publicity focused upon american youth congress today clear spite degree participation activities many fine young people never core anything less tool moscow committee agency government power exposure many phases activities reached legislation administrative action believe committee shown fearless exposure answer sess investigation shown steady barrage congress comes new republic one whose editors recently forced government job exposure communist activities sess house committee activities empowered explore expose activities individuals organizations sometimes legal nonetheless inimical american concepts committee recommends congress discharge employee official federal government whose loyalty found doubt sess index persons organizations six pages names follow sess early committee adopted following eight point program expose ferret communists communist sympathizers federal government spotlight spectacle communists american labor sense storm opposition activities committee tribute achievements field exposure report committee activities house representatives committee print committee like remind congress work part continuity effort began august committee also like recall time years ever wavered relentless pursuit exposure course investigations committee made available large completely indexed readily accessible reference collection lists signers communist party election petitions sess conduct expose necessary investigative staff interview persons tedious investigation details necessary prior successful exposure territory hawaii result investigation hearings held committee dolivet contract nations renewed committee understanding removed editorship nations world sess committee hearings disclosed positive identification individuals preceding year communism hollywood mythical committee conducted three investigations bring industry certainly accomplish committee investigation concerned almost entirely problem exposure actual members communist party deal except instances fellow travelers question fellow travelers suffice say time come even fellow traveler must get struik identified communist teacher nevertheless permitted teach year individuals like struik teaching leading universities committee wonders professor struiks led alger hiss along road communism sess annual report committee feels congress american people much clearer fuller picture set forth names possible positions occupied individuals identified communists former communists past year committee considers failure certain rid communists national disgrace following persons identified approximately fifty pages names follow sess similar lists found various reports focal point investigation general area education individual identified question asked purpose served disclosure names individuals may long ago left conspiracy committee way knowing status membership present placed oath information sought elicited sess bills attainder among measures explicitly forbidden state federal governments body constitution art cl bill attainder ex post facto law shall passed art cl reads part state shall pass bill attainder ex post facto law lanzetta new jersey winters new york jordan de george watkins flaxer scull virginia see herndon lowry winters new york watkins scull virginia thornhill alabama cf herndon lowry rule xi relevant part reads committee activities whole subcommittee authorized make time time investigations extent character objects propaganda activities diffusion within subversive propaganda instigated foreign countries domestic origin attacks principle form government guaranteed constitution questions relation thereto aid congress necessary remedial legislation res cong rec see also res cong see panama refining ryan schechter poultry concurring opinion berra dissenting opinion watkins sweezy new hampshire cf rumely kent dulles cases show considered legislative measures involved doubtful constitutionality substantively required explicit delegations power course answer barenblatt claim rule xi vague say vague held watkins strange rule indeed imply invalidity broad ground decision fact decided earlier case narrower basis first amendment reads congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances doubt amendment protects right keep silent see west virginia board education barnette alabama sweezy new hampshire concurring opinion watkins scull virginia cf rumely understand opinion watkins approve type balancing process adopted opinion discuss case weight ascribed interest congress demanding disclosures unwilling witness read still read discussion problem watkins referring problems raised kilbourn thompson held legislative committees make roving inquiries private business affairs witnesses kilbourn held courts must careful insure balance congress unjustifiably encroach individual private business affairs needless say individual right silence matters quite different thing public interest freedom speech test applicable one little anything test applicable annals cong italics supplied greater importance safeguarding community incitements overthrow institutions force violence imperative need preserve inviolate constitutional rights free speech free press free assembly order maintain opportunity free political discussion end government may responsive people changes desired may obtained peaceful means therein lies security republic foundation constitutional government de jonge oregon cf statement sir richard nagle presenting bill attainder two three thousand persons political offenses many persons attainted said proved traitors evidence satisfies us rest followed common fame cited joint committee mcgrath concurring opinion see hearings senate committee judiciary sess see also hearings subcommittee legislation house committee activities sess hearings subcommittee legislation committee activities sess statement relied honorable thomas dewey candidate presidency speech given portland oregon may dewey went say opposing outlawry communist party violation constitution bill rights clearly immoral nothing totalitarianism know great many years experience enforcement law proposal work instead rapidly advance cause communism world american way job perfectly simple american way outlawing every conceivable act subversion times grave try expedients fail expedient failed expedient outlawing failed russia failed europe failed italy failed canada let us make terrific blunder let us go forward free americans let us courage free xiv vital speeches day italics supplied hearings subcommittee legislation committee activities sess compare statement john lilburne done unto one may done unto every one note infra doc sess lists laws relating communist party ballot see also fund republic digest public record communism discussion state laws requiring minimum percentage votes cast remain ballot see note yale see loyalty tests guilt association harv rev significantly action new york assembly strongly condemned charles evans hughes former associate justice later chief justice see generally mccarthy antimasonic party study political antimasonry doc sess nye william lloyd garrison korngold two friends man cf george tucker appendix blackstone tucker ed discussing english laws suppressing assemblies pointing similar laws enacted constitution ames laocoon printed works fisher ames ed see also american communications assn douds dissenting opinion cf mill liberty ed criticizing laws restricting right advocate tyrannicide cf george tucker appendix blackstone commentaries tucker ed judicial courts respective open persons alike redress injuries nature libel genius government permit federal legislature interfere subject federal courts presume equally restrained principles constitution amendments since adopted record case indicates easily restrictions spread testimony one witness organization known americans democratic action mentioned despite testimony organization admit communists one member committee insisted communist front followed party line almost identical many particulars communist party line presumably accusation repeated frequently loudly enough organization also called criminal gang cf feiner new york dissenting opinions see generally xii encyclopedia social sciences barnes story punishment lowie primitive society andrews punishments ed iv plutarch lives clough new nat ed first report stated committee felt sworn duty solemn obligation people country focus spotlight publicity upon every individual organization engaged subversive activities regardless politics partisanship claimed congress power deny citizens right believe teach advocate communism fascism nazism right focus spotlight publicity upon activities sess see also statement committee first chairman position say whether legislate effectively reference matter know exposure democracy subversive activities effective weapon possession cong rec see sess september chairman committee wrote president letter accompanied exhibits detailing communist affiliation background following officials suggested dismissed positions november chairman called attention members case principal economist department agriculture january chairman committee called attention one malcolm cowley several weeks later cowley resigned position federal government march chairman wrote letter chairman board economic welfare called attention eight employees made particular reference one maurice parmelee following week parmelee dismissed chairman speech september also presented house names officials government yet committee knowledge action taken cases officials section urgent deficiency appropriation act stat history rider detailed lovett see sess activities committee actually undertake trials government employees task fell special subcommittee committee appropriations created response speech chairman activities committee virtually every report committee emphasizes principal function exposure exposed subversives must driven space however prevents listing random sampling statements committee given appendix opinion post similar statements committee members see notes supra infra watkins josephson dissenting opinion barsky app dissenting opinion evidence given committee may chicago ill yet published even committee wish injure often hurt tactics effect investigations brought attention committee many persons subpenaed subjected ridicule discrimination result received subpenas committee met many obstacles difficulties least reluctance former communists give testimony committee might bring upon public censure economic retaliation deny cooperative witnesses full opportunity social economic political rehabilitation render difficult obtaining authentic information sess italics added american people fortunate testimony witnesses instances come committee attention several witnesses forced gainful employment testifying released employment competently held years prior testimony sess descriptions size availability committee files well efficiency system found reports see sess sess sess impossible even begin catalogue people stigmatized committee criticizing committee reported henry luce time magazine drawn movement alter form government sess harold laski socialists generally attacked impertinence suggesting trade system free economy brand socialism committee deemed imperative ascertain methods used enable laski broadcast rally sess full report issued communist lobby committee formed urge defeat communist control bill congress among distinguished sponsors group listed committee late zechariah chafee committee nevertheless advised american public individuals knowingly actively support propaganda outlet actually aiding abetting communist program sess see also gellhorn report report house committee activities harv rev sess hearings set committee order demonstrate people michigan fields concentration communist party michigan area identity individuals responsible success sess committee activities calls upon american labor movement amend constitutions necessary order deny membership member communist party group dedicates destruction america way life ibid sincerity patriotism unfortunately insure unconstitutional acts indeed lamentable tragic deaths history instigated able patriotic sincere men see generally mill liberty ed certainly denied really offender breach law made published fact due process law verdict men thereof convict found guilty crime unto law also hath prescribed punishment agreeable fundamental liberty enjoineth freeman england adjudged life limb liberty estate juries freedom parliaments ages contended preserve violation birthright chief inheritance people may appear remarkably petition right stiled excellent law therefore trust upon second thoughts parliament england far bereaving us never forfeited right native right way trials juries done unto one may done unto every one preserve entire us posterity encroachments innovate upon believed cause time either first last admitted trial law passed way verdict twelve sworn men trouble inconveniences arising thereupon prevented way determination major votes committees neither certain satisfactory case way juries benefit challenges exceptions unanimous consent essential privileges latter whereas committees tied rules liberty present absent pleasure besides juries birthright new temporary men humbly conceive ever acquiesce one whence altogether much wondered upon dissatisfactions frequent printing men cases dealings committees harsh inordinate heats expressions parties interested sudden importunate appeals authority indeed alike true english road leading nothing trouble perplexity breeding hatred enmities worthy families affronts disgust persons public affection interest rejoicing none public adversaries many inconveniences avoided referring cases usual trials final determinations law howell state trials statement john lilburne mr reverse conviction sufficient state complete agreement brother black purpose investigation barenblatt revealed record except exposure purely sake exposure purpose barenblatt rights first amendment validly subordinated investigation processes submerged entirely exposure individual behavior adjudication sort exposure process outside constitutional pale congressional inquiry watkins see also sweezy new hampshire naacp alabama uphaus wyman ante dissenting opinion