finding that the factual record was not stale
How later courts described this case
- finding that the factual record was not stale
- Douglas, Black, Harlan, JL, dissenting
Written by the judges who cited it.
The opinion
Per Curiam.
Petitioner was ordered by the Subversive Activities Control Board to register as a Communist-front organization under § 7 of the Subversive Activities Control Act of 1950, as amended, 64 Stat. 993 , 50 U. S. C. § 786 (1958 ed.), and the Court of Appeals for the District of Columbia Circuit affirmed. 117 U. S. App. D. C. 404, 331 F. 2d 64 . We granted certiorari, 377 U. S. 989 . In this case, the order to register was based almost exclusively on events before 1950, and very largely on events before 1940. The hearings themselves were concluded in November 1954, more than 10 years ago. On so stale *514 a record we do not think it is either necessary or appropriate that we decide the serious constitutional questions raised by the order. See American Committee for Protection of Foreign Born v. Subversive Activities Control Board, ante, p. 503. The judgment is vacated and the cause remanded for proceedings consistent with this opinion.
It is so ordered.
Mr. Justice White took no part in the decision of this case.
[For dissenting opinion of Mr. Justice Black, see ante, p. 511.]