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Communist Party of the United States v. Subversive Activities Control Board

367 U.S. 1 (1961)

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Communist Party of the United States v. Subversive Activities Control Board

United States Supreme Court
367 U.S. 1 (1961)

JL

Facts

The Subversive Activities Control Act was a federal law that required registration of any communist-action organization. The act defined such organizations as those that are substantially directed, dominated, or controlled by the foreign government or foreign organization controlling the world communist movement. Congress declared significant factual findings in the law, including that the world communist movement was a worldwide revolutionary movement with the purpose to establish communist, totalitarian dictatorships in countries around the world, using espionage, sabotage, and terrorism. The Subversive Activities Control Board (defendant) ordered that the Communist Party of the United States (the party) (plaintiff) register as a communist-action organization. As part of the registration, the communist party was required to submit a list of the names of all members. Under the law, those members would be prohibited from holding public nonelective office, being employed by the government, applying for passports, working in defense plants, or becoming officers or employees of unions. The party sued in federal court, which upheld the board’s action. The party appealed.

Rule of Law

Issue

Holding and Reasoning (Frankfurter, J.)

Dissent (Black, J.)

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