auto workers argued decided march prohibits corporation labor organization making contribution expenditure connection election federal office indictment appellee labor organization section charged appellee used union dues sponsor commercial television broadcasts designed influence electorate select certain candidates congress connection elections district dismissed indictment alleging statutory offense appeal criminal appeals act held judgment dismissal reversed pp review criminal appeals act district judgment dismissing indictment basis statutory interpretation must take indictment construed district judge embrace precisely kind indirect contributions alleged indictment congress amended section proscribe expenditures senate house committee reports senate debate support conclusion section understood proscribe expenditure union dues pay commercial broadcasts designed urge public elect certain candidate party pp distinguished pp circumstances case pass upon constitutional issues pp solicitor general rankin argued cause brief assistant attorney general olney beatrice rosenberg carl imlay joseph rauh argued cause appellee brief harold cranefield john silard norma zarky kurt hanslowe redmond roche justice frankfurter delivered opinion issues tendered case construction ultimately constitutionality act congress prohibits corporations labor organizations making contribution expenditure connection election federal office direct appeal government judgment district eastern district michigan dismissing indictment charged appellee labor organization made expenditures violation law appellee moved dismiss indictment grounds failed state offense statute provisions statute face construed applied unconstitutional district judge held indictment allege statutory offense therefore required rule upon constitutional questions presented supp case came criminal appeals act amended desirable outset quote statute entirety unlawful national bank corporation organized authority law congress make contribution expenditure connection election political office connection primary election political convention caucus held select candidates political office corporation whatever labor organization make contribution expenditure connection election presidential vice presidential electors senator representative delegate resident commissioner congress voted connection primary election political convention caucus held select candidates foregoing offices candidate political committee person accept receive contribution prohibited section every corporation labor organization makes contribution expenditure violation section shall fined every officer director corporation officer labor organization consents contribution expenditure corporation labor organization case may person accepts receives contribution violation section shall fined imprisoned one year violation willful shall fined imprisoned two years purposes section labor organization means organization kind agency employee representation committee plan employees participate exist purpose whole part dealing employers concerning grievances labor disputes wages rates pay hours employment conditions work taken act june stat concentration wealth consequent upon industrial expansion war era profound implications american life impact abuses resulting concentration gradually made felt rising tide reform protest last decade nineteenth century sherman law response felt threat economic freedom created enormous industrial combines income tax law reflected congressional concern growing disparity income many less lively although slower evoke federal action popular feeling aggregated capital unduly influenced politics influence stopping short corruption matter exaggerated two leading historians nation fabulously rich wealth gravitating rapidly hands small portion population power wealth threatened undermine political integrity republic morison commager growth american republic ed idea prevent great railroad companies great insurance companies great telephone companies great aggregations wealth using corporate funds directly indirectly send members legislature halls order vote protection advancement interests public strikes constantly growing evil done shake confidence plain people small means country political institutions practice ever obtained since foundation government believe time come something done put check giving great corporation toward political purposes upon understanding debt created political party quoted hearings house committee elections sess see root addresses government citizenship bacon scott ed greatest moral question confronts us shall trusts corporations prevented contributing money control aid controlling elections quoted hearings supra contributions corporations political committee political purpose forbidden law directors permitted use stockholders money purposes moreover prohibition kind far went effective method stopping evils aimed corrupt practices acts cong rec contributions insurance corporations political purposes strictly forbidden neither executive officers directors allowed use moneys paid purposes insurance support political candidates platforms whether made purpose supporting political views desire obtain protection corporation contributions wholly unjustifiable one case executive officers sought impose political views upon constituency divergent convictions guilty serious offense public morals frank admission moneys obtained use state campaigns upon expectation candidates thus aided election support interests companies exposed solicited contributions made severe condemnation report joint committee senate assembly state new york appointed investigate affairs life insurance companies thing come breaking point enough want secret purchase organizations nullifies platforms nullifies political utterances pledges made political leaders congress hearings house committee elections sess whether bill meets needs may questioned open discussion necessity law upon subject patent every man hopes maintenance institutions live doubtful mind contributions expenditures vast sums money nominations elections public offices continue increase without endangering endurance republic purity essence interests people threatened corruption public life corruption elections surely must necessity large class people convenience term wageworkers mood never indulge denunciations criticism come sometimes one reasons absence legislation liberal sympathetic character far affects interest america fairly well traced growth corruption funds influences operation elections campaigns impression patience american workingmen exhausted really determined elections shall free power money lavish use expenditure without accounting conscience judgment people america pass measure kind shall unlawful national bank corporation organized authority laws congress make money contribution connection election political office shall also unlawful corporation whatever make money contribution connection election presidential electors representative congress voted election state legislature senator stat act merely first concrete manifestation continuing congressional concern elections free power money see statement samuel gompers supra congress witnessed unsuccessful attempts amend act proscribe contribution anything value extend application election state legislatures congress translated popular demand curbs upon political power wealth publicity law required committees operating influence results congressional elections two report contributions disbursements identify contributors recipients substantial sums law also required persons spent annually purpose influencing congressional elections one state report expenditures made political committee stat next session act extended require candidates senate house representatives make detailed reports respect nominating election campaigns amendment also placed maximum limits amounts congressional candidates spend seeking nomination election forbade promising employment purpose obtaining support stat congress made unlawful either offer solicit anything value influence voting stat decision newberry invalidating federal regulation senate primary elections led federal corrupt practices act stat comprehensive revision existing legislation debates preceding act passage reveal attitude important understanding course legislation thus senator robinson one leaders senate said know one great political evils time apparent hold political parties business interests certain organizations seek sometimes obtain reason liberal campaign contributions many believe individual association individuals makes large contributions purpose aiding candidates political parties winning elections expect sometimes demand occasionally least receive consideration beneficiaries contributions infrequently harmful general public interest unquestionably evil dealt dealt intelligently effectively cong rec congress moved extend hatch act stat designed free political process abuses deemed accompany operation vast civil administration reforming zeal also led congress place restrictions upon political potentialities wealth section law amending hatch act made unlawful political committee defined act receive contributions make expenditures amount calendar year made unlawful person directly indirectly make contributions aggregate amount excess calendar year connection campaign nomination election behalf candidate elective federal office committee supporting candidate term person defined include committee association organization group persons stat offering senate floor senator bankhead said know money chief source corruption know large contributions political campaigns put political party obligation large contributors demand pay way legislation also know large sums money used purpose conducting expensive campaigns newspapers radio publication sorts literature true untrue purpose paying expenses campaigners sent country spread propaganda true untrue cong rec fact hearing granted high tribute ability labor committee recognize fact public opinion toward conduct labor unions rapidly undergoing change public thinks right think labor unions public institutions granted rights greater rights public group bill seeks put labor unions exactly basis insofar financial activities concerned corporations many years one matters upon sensed public taking stand opposite labor leaders question handling funds labor organizations public aroused many rumors huge war chests maintained labor unions enormous fees dues extorted war workers political contributions parties candidates later held clubs head high federal officials source much national trouble today coal strike situation political contribution another day referring apparently reported contribution mine workers campaign see provision bill activity sic force contribution made nation administration labor unions better hearings house committee labor sess report house special committee investigate campaign expenditures expressed concern vast amounts labor organizations devoting politics scale operations organizations impressive without exception operate basis many affiliated local organizations one found annual budget educational work approximating among things regularly supplies radio stations briefs broadcasters another annual budget political education distributed pieces literature including quarter million copies one article another representing organized labor membership raised national organizations union contributions political education months great deal raised purpose expended local organizations sess intent purpose provision act prohibiting corporation labor organization making contribution connection election wholly defeated assumed term making contribution related donating money directly candidate excluded vast expenditures money activities herein shown engaged extensively avail law prohibit contributing direct candidate yet permit expenditure large sums behalf committee firmly convinced thorough study provisions act legislative history debates said provisions pending house act intended prohibit expenditures clarified specifically provide expenditures money salaries organizers purchase radio time expenditures prohibited organizations connection elections constitute violations provisions said section whether said expenditures without knowledge consent candidates italics omitted shortly thereafter congress acted protect political process deemed corroding effect money employed elections aggregated power section labor bill introduced house representative hartley like ellender bill embodied changes recommended reports senate house committees campaign expenditures sought amend corrupt practices act proscribe expenditure well contribution make permanent application labor organizations extend coverage federal primaries nominating conventions report house committee education labor considered approved hartley bill merely summarized sess section gave rise little debate house see cong rec similar measure labor bill introduced senator taft senate whole consider provisions adopted conference committee explaining colleagues senator taft one conferees said may say amendment exactly words recommended ellender committee investigated expenditures senators last election instance words act somewhat changed effect plug loophole obviously developed courts permitted advantage taken matter fact absolutely destroyed prohibition political advertising corporations contribution mean expenditure candidate office corporation friends publish advertisement newspapers every day month election think law contemplated thing claimed least applied labor organizations plugging hole developed following recommendation elections committee ellender bill cong rec review criminal appeals act district judgment dismissing indictment basis statutory interpretation must take indictment construed district judge borden summarized allegations indictment outset opinion specific charge expenditure violation came connection selection candidates senator representatives congress primary general elections alleged defendant paid specific amount general treasury fund luckoff wayburn productions detroit michigan defray costs certain television broadcasts sponsored union commercial television station wjbk charged broadcasts urged endorsed selection certain persons candidates representatives senator congress included expressions political advocacy intended defendant influence electorate affect results election charged fund used came union dues obtained voluntary political contributions subscriptions members union paid advertising sales deny activity either part corporation labor organization constituted expenditure connection federal election deny long series congressional efforts calculated avoid deleterious influences federal elections resulting use money exercise control large aggregations capital particularly ignore history statute time first made applicable labor organizations indicated reports congressional committees investigated campaign expenditures embrace precisely kind indirect contribution alleged indictment congress amended proscribe expenditures open government prove indictment activity appellee except irrelevant difference medium communication employed virtually indistinguishable brotherhood railway trainmen purchase radio time sponsor candidates ohio general distribution pamphlets oppose senator taft conduct claimed merely expenditure union funds state position world senate house committees recommended congress enacted seen prohibition expenditures well contributions plug existing loophole although entitled weight carefully considered committee reports senate debate preceding passage act confirms reports demonstrate colloquy senator taft senator pepper dealt problem confronting us pepper senator said past also apply radio speech national labor union example believe public interest elect democratic party instead republican party vice versa forbidden proposed act pay radio time anybody make speech express people point view organization taft contributed funds get somebody make speech say violate law pepper paid radio time taft simply giving time say say course regular business pepper mean assuming radio station owned labor organization suppose campaign william green president american federation labor believe interest membership go radio support one party national election use american federation labor funds pay radio time expenditure forbidden labor organization statute taft yes cong rec presented different situation decision case rested reading indictment charged defendants distributed union members purchasers issue vol cio news weekly newspaper owned published issue contained statement president urging members vote certain candidate thus unlike political broadcast alleged case communication defendants indicted neither directed delivered public large organization merely distributed house organ people evil congress struck use corporation union funds influence public large vote particular candidate particular party holding district committed error dismissed indictment failed state offense statute implies disrespect cardinal rule construction language act bear two interpretations equally obvious one clearly accordance provisions constitution preferred knights templars indemnity jarman case us call application one interpretation may fairly derived relevant materials rule construction invoked constitutional problems lurk ambiguous statute permit disregard congress commands appellee urges hold embraces activity alleged indictment offends several rights guaranteed constitution government replies actual restraint upon union political activity imposed statute narrowly limited congress exceed powers protect political process undue influence large aggregations capital promote individual responsibility democratic government confronted duty mindful conditions may enter upon delicate process constitutional adjudication impressive lesson history confirms wisdom repeated enunciation variously expressed admonition inhibition passing validity act congress unless absolutely necessary decision case burton observance principle makes minimum tension within democratic political system scarcely question arises become sooner later subject judicial debate de tocqueville democracy america ed wisdom refraining avoidable constitutional pronouncements vividly demonstrated rare occasions forgetting fallibility human judgment departed practice failure dred scott sandford take smooth handle sake repose disposing case solely upon outside issue effects attempt settle agitation familiar history dred scott stand alone exceptions rightly characterized among notable wounds charles evans hughes clearly case absolutely necessary decision burton supra canvass constitutional issues case came criminal appeals act district blocked prosecution ground indictment failed state offense within corrupt practices act reversal district judge erroneous construction clears way prosecution proceed refusal anticipate constitutional questions peculiarly appropriate circumstances case first questions come us unillumined consideration single judge asked decide first instance adjudication merits provide concrete factual setting sharpens deliberative process especially demanded constitutional decision finally remanding case trial may well called upon pass questions raised compare petrillo et subsequent adjudication merits petrillo supp counsel prone shape litigation far within control order secure comprehensive rulings true counsel defendants government desire part difficult appreciate responsibility matter buried abstract constitutional issues may elucidation trial brought surface outcome constitutional questions may disappear allegations indictment hypothetically framed elicit ruling based upon misunderstanding facts may survive test proof example broadcast paid general dues union membership may funds fairly said obtained voluntary basis broadcast reach public large affiliated appellee constitute active electioneering simply state record particular candidates economic issues union sponsor broadcast intent affect results election senator taft repeatedly recognized debate prosecutions act may present difficult questions fact see supra pp suggest possibility questions imply answers problems statutory construction merely indicate covert issues may involved case enough said justify withholding determination less abstract issues constitutional law district erroneous interpretation statute led stop prosecution prematurely judgment must reversed case must remanded proceedings inconsistent opinion reversed remanded footnotes taft know exact facts instance apart commentators radio taking case paid advertisement suppose corporation advertises products every day weeks election advertises candidate say violation law say thing probably true radio broadcast kind certain circumstances think like know exact facts expressing opinion barkley case commentator paid advertise certain product course minutes radio may also seek influence votes sponsor may say either broadcast responsible commentary says yet paying commentator broadcast still violation law although sponsor might excuse attempt excuse saying responsible opinions expressed commentator taft think degrees decide think matter fact happened old law question want make point raising new questions questions raised respect corporations past years question fact corporation using money influence political election magnuson let us consider teamsters suppose weekly radio program indeed long time back let us say afl radio program let us assume running office ask guest program suppose talk subject labor advocate candidacy nevertheless program name advertised heard many thousands people unlawful contribution candidacy taft labor organization using funds provided members payment union dues put speakers radio violation law magnuson paying anything asked guest taft understand paying time air course case question fact decided answer various hypotheses without knowing circumstances case question whether union corporation making contribution expenditure funds elect labor unions supposed keep politics way corporations supposed keep politics cong rec taylor take matter radio program sponsored either union corporation think afl cio one news commentator comments news comment political candidates favorably unfavorably taft general motors man speaking radio every week advocate election republican democratic presidential candidate corporation punished punished law labor organizations subject rule taylor altogether different subtle thing commentator broadcasting news every day lot good harm man coloring broadcast presenting guise news commentary openly taft senator right question fact raised every case contribution candidate possibly knock boost sometimes argument might well made person taking part election cong rec expenditure prohibited statute violates provisions constitution statute abridges freedom speech press right peaceably assemble petition ii abridges right choose senators representatives guaranteed article seventeenth amendment iii creates arbitrary unlawful classification discriminates labor organizations violation fifth amendment iv vague indefinite fails provide reasonably ascertainable standard guilt violation fifth sixth amendments brief appellee pp cases collected opinion justice brandeis ashwander tennessee valley authority et seq must evident one power declare legislative enactment void one judge conscious fallibility human judgment shrink exercising case conscientiously due regard duty official oath decline responsibility cooley constitutional limitations ed letter written justice catron president buchanan shortly decision handed reveals attitude happily exceptional drop justice grier line saying necessary good opportunity settle agitation affirmative decision one way occupy doubtful ground outside issue admitting constitutionality mo comp line still domicile acquired negro snelling returned missouri free doubt question main contest persuaded take smooth handle sake repose works james buchanan deal problem fundamental electoral process operation democratic society whether union express views issues election merits candidates unrestrained unfettered congress principle stake peculiar unions applicable well associations manufacturers retail wholesale trade groups consumers leagues farmers unions religious groups every association representing segment american life taking active part political campaigns discussions important issue come reaches vitals system government constitution people sovereign people final say legislators spokesmen people determine votes destiny nation therefore important vitally important channels communication open every election point view restrained barred people access views every group community justice rutledge spoke importance first amendment rights freedom expression freedom assembly integrity elections complete exercise rights said essential full fair untrammeled operation electoral process extent curtailed electorate deprived information knowledge opinion vital function today greatly impairs rights sustains indictment charging use union funds broadcasting television programs urge endorse selection certain candidates congress opinion places advocacy setting corrupt practices opinion generates environment points oppressions misdeeds haunted elections country making speech endorsing candidate office however deserve identified antisocial conduct today political speech never considered crime making political speech always one preferred rights protected first amendment usually costs money communicate idea large audience one seriously contend expenditure money print newspaper deprives publisher freedom press fact costs money make speech whether hiring hall purchasing time air make speech less exercise first amendment rights yet statute construed applied indictment makes criminal expenditure union purpose expressing views issues election candidates make difference construction act whether union spokesman made address platform hall used sound truck streets bought time radio television case mere expenditure money make speech indictable offense principle applied today make equally criminal use union funds print pamphlets general distribution distribute political literature large act construed constitutional view command first amendment congress shall make law abridges free speech freedom assembly says answer constitutional issue must await development facts trial asks broadcast reach public large affiliated appellee size audience heretofore deemed wholly irrelevant first amendment issues one right freedom speech whether talks one person one thousand one right freedom speech talks friends also talks public starting learn union spokesman spokesman corporate interest fewer constitutional rights talks public talks members group asks whether broadcast constituted active electioneering simply stated record particular candidates economic issues possible difference make first amendment whether one first amendment covers entire spectrum protects impassioned plea orator much quiet publication tabulations statistician economist innuendo active electioneering union spokesmen covered first amendment opinion makes sharp break political constitutional heritage asks union sponsor broadcast intent affect results election purpose speech inform incite action justice holmes said dissent gitlow new york every idea incitement offers belief believed acted unless belief outweighs failure energy stifles movement birth draw constitutional line informing people inciting persuading suggest one protected first amendment give constitutional dignity irrelevance political speaker worth salt intends sway voters purpose possibly rob first amendment rights unless reduce great guarantee freedom protection meaningless mouthings ineffective speakers finally asks whether broadcast paid general dues union membership may funds fairly said obtained voluntary basis behind question idea may minority union members different political school leaders object use union dues espouse one political view question concerns internal management union affairs date unions operated rule majority perhaps minority rights need protection way indeed burning house roast pig union expenditures political discourse banned minority might object exercise first amendment rights tangled conduct government may regulate refuse allow first amendment rights sacrificed merely evil may result insistence regulatory measure narrowly drawn meet evil government control cantwell connecticut said de jonge oregon speaking first amendment rights legislative intervention find constitutional justification dealing abuse rights must curtailed minorities need protection use union funds political ways reaching end without denying majority first amendment rights first amendment rights merely curtailed construction act adopts today ruling abolishes first amendment rights wholesale basis protection minority groups excuse act narrowly drawn meet abuse may think one group another express views election powerful advocates unpopular ideas record lawless action justifications withholding first amendment rights group labor corporate cf rumely first amendment rights part heritage persons groups country dispensed withheld merely congress thinks person group worthy unworthy constitutional questions grave least construe act comparable situations supra rumely harriss limit word expenditure activity involve first amendment rights act construed applied broadside assault freedom political expression guaranteed first amendment possibly saved facts conjured answers questions reserved quite irrelevant constitutional questions tendered first amendment affirm judgment dismissing indictment alternative measures appropriate cure evil congress seen expenditure union funds political purposes protection union members use funds supporting cause sympathize may cured permitting minority withdraw funds activity english long required labor unions permit dissenting union member refuse contribute funds political purposes trade union act geo trade disputes trade unions act geo trade disputes trade unions act geo vi congress opinion large contributions labor unions candidates office political parties undue influence upon conduct elections prohibit contributions expressing views issues candidates labor unions required acknowledge authorship support expressions undue influence however constitutionally form basis making unlawful segment society express views issues political campaign