9 1961 5v 4 vote court upholds florida and allows the

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9 1961 5v 4 vote- court upholds Florida and allows the court to hold in contempt someone who refuses to turn over the membership lists if inquiry is about communism.- therefore court doesn’t see problem as one of busting naacp, only as one of communist infiltration Justice goldberg’s 1963 opinion striking down this punishment- Justification 1. New framework- rights of association are protected in 1 st and 14 th amendment Citing naacp vs. Alabama- privacy of association But- state has power to intervene to protect its vital interests (Watkins and barenblatt) BUT- this legislative power is not without limit 2. he doesn’t even talk about the communist party- so he doesn’t have to deal with that issue at all 2. deeply equivocal as to how far the right of association is extended 3. GOLDBERG- before Goldberg the court would not have voted this way and didn’t- he impacted the court by getting the ball rolling on rights of association, but not enough power to get the court to accept full protection of communist party
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Sourcebook pg 509- goldberg- “constitutionally protected organization”- means not the communist party- “chilling effect” on free expression – first time appears on majority opinion BRENNAN- develops chilling effects doctrine even though Goldberg introduces the term in Gibson NAACP vs. button on pg 226- Virginia is trying to use its control over the legal profession to impose punishment on naacp for “ solicitation” of plaintiffs on desegregation cases 1. supreme court says barring of solicitation is not a legal activity 1. “ the void for vagueness doctrine” – leading to it- brennin- does 1 st have a preferred position in the constitutional scheme- or is there a balancing test with it? ( black rigid absolutism against balancing test vs. frank with subjective balancing but there is no saying what gets puts on the scale) Brennan introduces 4 new concepts on the 1 st amendment issues 1. “ chilling effects” + “ void for vagueness” a. chilling- effects- steer far clear of the impermissible speech- don’t get even close to what may be considered wrong- all of your constitutionally protected rights up to unlawful zone are being chilled- be careful of what you say even when constitutionally protected because the law is too vague….punishes both constitutionally protected and not protected- if line is ambiguous people wont get too close a. void for vagueness- This is where he ends November 5 th We are the last generation who will know that the color red refers to the left. “chilling effects”- part of Brennan’s way of not challenging the theoretical power of congress. Brennan concedes ends of congress ( nvestigate and regulate quality of legal profession) But does question the means and criteria of regulations. Brennan doesn’t get into the abstract question of congressional power, just the unconstitutional way it is exercising this power.
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  • Spring '14
  • MortonHorowitz
  • New Deal, The Crucible, Supreme Court of the United States, First Amendment to the United States Constitution, Communist party, Harlan

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