Once more the Court is required to resolve the conflicting constitutional claims of congressional power and of an individual's right to resist its exercise. The congressional power in question concerns the internal process of Congress in moving within its legislative domain; it involves the utilization of its committees to secure "testimony needed to enable it efficiently to exercise a legislative function belonging to it under the Constitution." McGrain v. Daugherty, 273 U. S. 135, 160. The power of inquiry has been employed by Congress throughout our history, over the whole range of the national interests concerning which Congress might legislate or decide upon due investigation not to legislate; it has similarly been utilized in determining what to appropriate from the national purse, or whether to appropriate. The scope of the power of inquiry, in short, is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution.

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Petitioner asks this Court to set aside his 1955 jury conviction under 18 U. S. C. § 1001[1] for having falsely and fraudulently denied affiliation with the Communist Party in an affidavit he had filed with the National Labor Relations Board, pursuant to § 9 (h) of the National Labor Relations Act, as amended by the Taft-Hartley Act.[2] This collateral proceeding was *66 brought in the District Court for the Northern District of California in 1967, some 10 years after his original conviction was upheld over a variety of challenges on direct review.[3] The District Court distinguished Dennis v. United States, 384 U. S. 855 (1966), and decided that § 9 (h), which had been upheld in American Communications Assn. v. Douds, 339 U. S. 382 (1950), could no longer be thought constitutionally valid, particularly in light of United States v. Brown, 381 U. S. 437 (1965). Having concluded that the Government had no right to ask the questions which petitioner answered falsely in his affidavit, the District Court ruled that petitioner's conviction under § 1001 should be "without effect." It therefore set aside petitioner's conviction and discharged his parole (unreported opinion).[4]

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These cases, coming to us from two different Circuits, present identical issues, and may appropriately be dealt with together in one opinion. The issues involve the interpretation and validity of Treas. Reg. 111, § 29.23 (o)-1 and § 29.23 (q)-1 as applied by the courts below to deny deduction as "ordinary and necessary" business expenses under § 23 (a) (1) (A) of the Internal Revenue Code of 1939[1] to sums expended by the respective taxpayer petitioners in furtherance of publicity programs designed to help secure the defeat of initiative measures then pending before the voters of the States of Washington and Arkansas.

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Paul Robert Cohen was convicted of violating California Penal Code § 415, which criminalizes "maliciously and willfully disturb[ing] the peace or quiet of any neighborhood or person . . . by . . . offensive conduct," for wearing a jacket with the phrase "Fuck the Draft" printed on the back. Cohen wore the jacket in the Los Angeles County Courthouse, and argued that his display of the expletive was there to communicate the sincerity and depth of his feelings regarding the draft and the Vietnam War. Women and children were present in the hallway of the courthouse where Cohen was arrested, and their presence was used as justification for his arrest. Cohen argued that his conviction violated his First Amendment rights through the Fourteenth Amendment's incorporation of those rights against the states. His argument was unsuccessful in front of the state court of appeals, which upheld his conviction. The State of California had argued that wearing the jacket constituted conduct, not speech, and therefore the conviction was justified and did not violate the First Amendment. The Supreme Court of the United States disagreed, holding that wearing the jacket was, in fact, speech. Further, although expletives can be used as "fighting words," they must be directed at the listener, and Cohen's jacket was not. Potentially offended parties had the choice of looking away. Accordingly, California's statute as applied violated Cohen's First and Fourteenth Amendment rights, and the decision of the California Court of Appeals was reversed.

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351 U.S. 536 (1956) COLE v. YOUNG ET AL. No. 442. Supreme Court of United States. Argued March 6, 1956. Decided June 11, 1956. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. *537 David I. Shapiro argued the cause for petitioner. With him on the brief were James H. Heller and Osmond K. Fraenkel. Donald B. MacGuineas argued the cause for respondents. On the brief were Solicitor General Sobeloff, Assistant Attorney General Burger, Samuel D. Slade and Benjamin Forman. *538 Opinion of the Court by MR. JUSTICE HARLAN, announced by MR. JUSTICE BURTON. This […]

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We here review the upholding by the New York Court of Appeals of the action of the New York State Industrial *390 Commissioner terminating petitioners' registration and liability to state taxation as employers under the New York State Unemployment Insurance Law. N. Y. Labor Law, §§ 511-512, 517-518, 570, 577, 581. This determination was effected under what was conceived to be the compulsion of a federal statute, the Communist Control Act of 1954, 68 Stat. 775, 50 U. S. C. §§ 841-844. which provides, in pertinent part:

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388 U.S. 130 (1967) CURTIS PUBLISHING CO. v. BUTTS.   No. 37. Supreme Court of United States.   Argued February 23, 1967. Decided June 12, 1967.[*] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.*133 Herbert Wechsler argued the cause for petitioner in No. 37. With him on the brief was Philip H. Strubing. William P. Rogers argued the cause for petitioner in No. 150. With him on the briefs were Leo P. Larkin, Jr., Stanley Godofsky, Arthur Moynihan and J. A. Gooch. Allen E. Lockerman and William H. Schroder argued the cause for respondent in No. […]

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From a decision of the District Court for the District of Columbia holding § 202 (n) of the Social Security Act (68 Stat. 1083, as amended, 42 U. S. C. § 402 (n)) unconstitutional, the Secretary of Health, Education, and Welfare takes this direct appeal pursuant to 28 U. S. C. § 1252. The challenged section, set forth in full in the margin,[1] provides for the termination of old-age, survivor, *605 and disability insurance benefits payable to, or in certain cases in respect of, an alien individual who, after September 1, 1954 (the date of enactment of the section), is deported under § 241 (a) of the Immigration and Nationality Act (8 U. S. C. § 1251 (a)) on any one of certain grounds specified in § 202 (n).

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The questions presented by this case are similar to those involved in No. 28, Konigsberg v. State Bar of California, decided today, ante, p. 36.

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This case, involving California's second rejection of petitioner's application for admission to the state bar, is a sequel to Konigsberg v. State Bar, 353 U. S. 252, in which this Court reversed the State's initial refusal of his application.

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In an investigation conducted under the New York Security Risk Law, appellant, a subway conductor employed by the New York City Transit Authority, was summoned to the office of the Commissioner of Investigation of New York City and asked whether he was then a member of the Communist Party. He refused to answer, claiming his privilege against self-incrimination under the Fifth Amendment, and he persisted in this refusal after being warned that it might lead to his dismissal and after being given time to reconsider and to obtain counsel. Based upon this refusal, appellees found that "reasonable grounds exist for belief that, because of his doubtful trust and reliability," appellant's continued employment would endanger national and state security, and they suspended him and later discharged him after he failed to avail himself of an opportunity to submit statements or affidavits showing why he should be reinstated

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370 U.S. 478 (1962) MANUAL ENTERPRISES, INC., ET AL. v. DAY, POSTMASTER GENERAL. No. 123. Supreme Court of United States. Argued February 26-27, 1962. Decided June 25, 1962. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. *479 Stanley M. Dietz argued the cause for petitioners. With him on the brief was Edward J. Lynch. J. William Doolittle argued the cause for respondent. With him on the briefs were Solicitor General Cox, Assistant Attorney General Orrick, John G. Laughlin, Jr. and David L. Rose. MR. JUSTICE HARLAN announced the judgment of the Court and an […]

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Alleging noncompliance with Alabama's corporate registration and business qualification laws, the State in 1956 brought ouster proceedings against the petitioner, National Association for the Advancement of Colored People (NAACP), a New York membership corporation with an office in Alabama and doing business there, and it was barred under an ex parte restraining order from operating in the State. Before any hearing on the merits, a contempt judgment, which the State Supreme Court on procedural grounds refused to review, was rendered against the NAACP for failure to produce its membership lists and other records under court order. Without reaching the validity of the underlying restraining order, this Court reversed, and, following reinstatement by the State Supreme Court of the contempt judgment, reversed again. In 1960, the NAACP, still prohibited from operating in Alabama, sued in a federal court alleging failure by the Alabama courts to afford it a hearing on the merits. The case reached this Court a third time, and, in 1961, was remanded with instructions that the Federal District Court be directed to try the case on the merits unless the State did so by a certain time. The State Circuit Court then heard the case; found that the NAACP had violated the State's constitution and laws; and permanently enjoined it from doing business in the State. The State Supreme Court affirmed, solely on the basis of a procedural rule, which it applied to the NAACP's brief, that where unrelated assignments of error are argued together and one is without merit, the others will not be considered.

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We review from the standpoint of its validity under the Federal Constitution a judgment of civil contempt entered against petitioner, the National Association for the Advancement of Colored People, in the courts of Alabama. The question presented is whether Alabama, consistently with the Due Process Clause of the Fourteenth Amendment, can compel petitioner to reveal to the State's Attorney General the names and addresses of all its Alabama members and agents, without regard to their positions or functions in the Association. The judgment of contempt was based upon petitioner's refusal to comply fully with a court order requiring in part the production of membership lists. Petitioner's claim is that the order, in the circumstances shown by this record, violated rights assured to petitioner and its members under the Constitution.

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This case, like No. 1, Scales v. United States, ante, p. 203, was brought here to test the validity of a conviction under the membership clause of the Smith Act. 361 U. S. 813. The case comes to us from the Court of Appeals for the Second Circuit which affirmed petitioner's conviction in the District Court for the Western District of New York, after a jury trial. 262 F. 2d 501.

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Our writ issued in this case (358 U. S. 917) to review a judgment of the Court of Appeals (260 F. 2d 21) affirming petitioner's conviction under the so-called membership clause of the Smith Act. 18 U. S. C. § 2385. The Act, among other things, makes a felony the acquisition or holding of knowing membership in any organization which advocates the overthrow of the Government of the United States by force or violence.[1] The indictment charged that from January 1946 to the date of its filing (November 18, 1954) the Communist Party of the United States was such an organization, and that petitioner *206 throughout that period was a member thereof, with knowledge of the Party's illegal purpose and a specific intent to accomplish overthrow "as speedily as circumstances would permit."

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On December 14, 1951, petitioner, John S. Service, was discharged by the then Secretary of State, Dean Acheson, from his employment as a Foreign Service Officer in the Foreign Service of the United States. This case brings before us the validity of that discharge.

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Appellant, Sidney Street, having heard a news broadcast of the shooting of James Meredith, a civil rights leader, took an American flag which he owned to a street corner near his home in New York and ignited the flag. He was arrested and thereafter charged by information with malicious mischief for violating 1425, subd. 16, par. d, of the New York Penal Law, which makes it a crime publicly to mutilate or “publicly [to] defy . . . or cast contempt upon [any American flag] either by words or act.” The information charged appellant with burning the American flag and publicly speaking defiant or contemptuous words about the flag. Appellant unsuccessfully moved to dismiss the information on the ground that the statute violated his constitutional right to free expression by punishing him for activity which he contended was a constitutionally protected "demonstration" or "protest." Appellant was tried before a judge without a jury and convicted.

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The Government seeks to appeal to this Court a decision by a District Court in Massachusetts holding that appellee Sisson could not be criminally convicted for refusing induction into the Armed Forces. The District Court's opinion was bottomed on what that court understood *270 to be Sisson's rights of conscience as a nonreligious objector to the Vietnam war, but not wars in general, under the Free Exercise and Establishment Clauses of the First Amendment and the Due Process Clause of the Fifth Amendment to the Constitution of the United States. The District Court's primary conclusion, reached after a full trial, was that the Constitution prohibited "the application of the 1967 draft act to Sisson to require him to render combat service in Vietnam" because as a "sincerely conscientious man," Sisson's interest in not killing in the Vietnam conflict outweighed "the country's present need for him to be so employed," 297 F. Supp. 902, 910 (1969).

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This case concerns the legality of petitioner's discharge as an employee of the Department of the Interior. Vitarelli, an educator holding a doctor's degree from Columbia University, was appointed in 1952 by the Department of the Interior as an Education and Training Specialist in the Education Department of the Trust Territory of the Pacific Islands, at Koror in the Palau District, a mandated area for which this country has responsibility.

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