Opinion

Albertson v. Subversive Activities Control Board

  • 382 U.S. 70
  • 86 S. Ct. 194
  • 15 L. Ed. 2d 165
  • 1965 U.S. LEXIS 263
Court
Supreme Court of the United States
Filed
Jan 17, 1966
Status
Published
Author
Black
On the bench
Brennan, Black, Clark, White
Cited by
271 cases
Authority
More cited than 24.0%

explaining that one of the forms required provision of "the organization of which the registrant is a member, his aliases, place and date of birth, a list of offices held in the organization and duties thereof"

How later courts described this case

  • explaining that one of the forms required provision of "the organization of which the registrant is a member, his aliases, place and date of birth, a list of offices held in the organization and duties thereof"
  • holding that the incriminating effect of coerced information is not mitigated by the Government’s assertions that it was of “no utility” to them
  • holding that a law requiring registration of membership in the Communist Party violated the privilege
  • holding the Fifth Amendment precludes government agency orders from requiring individuals to admit of membership in the Communist Party

Written by the judges who cited it.

The opinion

*82 Mr. Justice Black

concurs in the reversal for all the reasons set out in the Court’s opinion as well as those set out in his dissent in Communist Party of the United States v. SACB, 367 U. S. 1, 137 .

Mr. Justice White took no part in the consideration or decision of this case.

APPENDIX TO OPINION OF THE COURT.

Form IS-52a is as follows:

Form No. IS-52a

(Ed. 9-6-61)

Budget Bureau No. 43-R414

Approval expires July 31, 1966

UNITED STATES DEPARTMENT OF JUSTICE

Washington, D. C.

REGISTRATION FORM FOR INDIVIDUALS

Pursuant to Section 8(a) or (b) of the Internal Security Act of 1950

(Note: This form should be accompanied by a Registration Statement, Form IS-52)

.hereby

(Name of individual — Print or type)

registers as a member of ., a Communist-action organization.

/s/ .

(Signature) (Date)

(Typed or printed name) (Date)

(Address — type or print)

*83 Form IS-52 is as follows:

Budget Bureau No. 43-R301.2

Approval expires July 31, 1966

UNITED STATES DEPARTMENT OF JUSTICE

Washington, D. C.

Form IS-52 U O REGISTRATION STATEMENTS OP INDIVIDUALS

Pursuant to section 8 of the Internal Security Act of 1950

Instruction Sheet — Read Carefully

1. All individuals required to register under section 8 of the Internal Security Act of 1950 shall use this form for their registration statements.

2. Two copies of the statement are to be filed. An additional copy of the statement should be prepared and retained by the Registrant for future references.

3. The statement is to be filed with the Internal Security Division, Department of Justice, Washington, D. C.

4. All items of the form are to be answered. Where the answer to an item is “None” or “inapplicable,” it should be so stated.

5. Both copies of the statement are to be signed. The making of any willful false statement or the omission of any material fact is punishable under 18 U. S. Code, 1001.

6. If the space provided on the form for the answer to any given item is insufficient, reference shall be made *84 in such space to a full insert page or pages on which the item number and item shall be restated and the answer given.

For an Individual

a. Who is a member of any Communist-action organization which has failed to file a registration statement as required by Section 7(a) of the Internal Security Act of 1950.

OR

b. Who is a member of any organization which has registered as a Communist-action organization under Section 7(a) of the Internal Security Act of 1950 but which has failed to include the individual’s name upon the list of members filed with the Attorney General.

1. Name of the Communist-action organization of which Registrant was a member within the preceding twelve months.

2. (a) Name of Registrant.

(b) All other names used by Registrant during the past ten years and dates when used.

(c) Date of birth.

(d) Place of birth.

3.(a) Present business address.

(b) Present residence address.

4. If the Registrant is now or has within the past twelve months been an officer of the Communist-actión organization listed in response to question number 1:

(a) List all offices so held and the date when held.

(b) Give a description of the duties or functions performed during tenure of office.

The undersigned certifies that he has read the information set forth in this statement, that he is familiar with the contents thereof, and that such contents are in their *85 entirety true and accurate to the best of his knowledge and belief. The undersigned further represents that he is familiar with the provisions of Section 1001, Title 18, U. S. Code (printed at the bottom of this form). *

/s/ .

(Signature) (Date)

/t/ .

(Name) (date)

(Print or type)

18 U. S. C., Section 1001 , provides: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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