The opinion
RIFKIND, District Judge (dissenting).
Insofar as Section 9(h) of the Tafl-Hartley Act excludes from the facilities of the National Labor Relations Board any labor union, one of whose officers is a member of the Communist Party or affiliated therewith, it is incompatible with the ‘First Amendment. It abridges the freedom of speech and the right of assembly without a showing of clear and present danger. Indeed, on the argument the defendant disavowed the presence of clear and present danger. I would deny defendant’s motion to dismiss the complaint.