stating that “First Amendment rights are implicated whenever Government seeks from third parties records of actions that play an integral part in facilitating an association’s normal arrangements for obtaining members or contributions”
How later courts described this case
- stating that “First Amendment rights are implicated whenever Government seeks from third parties records of actions that play an integral part in facilitating an association’s normal arrangements for obtaining members or contributions”
- court assumed chilling effect from disclosure to Waterfront Commission of the names of contributors to the longshoremen's political action committee
- government attempts to compel disclosure subject to exacting scrutiny in first amendment context
Written by the judges who cited it.
The opinion
DUMBAULD, District Judge,
sitting by designation, concurring:
I concur in the Court’s judgment but would go further and permit enforcement of the subpoena without the 10% limitation imposed by the District Court.
A constitutional right to make voluntary political contributions is not chilled or discouraged by determining whether political contributions of union members made through a check-off system were in fact voluntary or not.