Weinstock v. Subversive Activities Control Board, 13422.
Decision Date | 17 December 1963 |
Docket Number | No. 13422.,13422. |
Citation | 331 F.2d 75 |
Parties | Louis WEINSTOCK, Petitioner, v. SUBVERSIVE ACTIVITIES CONTROL BOARD, Respondent. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
No brief was filed on behalf of petitioner. On request of Mr. Reuben Terris, New York City, of the bar of the Court of Appeals of New York, the case was treated as submitted on the brief filed by petitioner American Committee for Protection of Foreign Born in No. 15960. Mr. Ralph E. Powe, Brooklyn, N. Y., entered an appearance for petitioner.
Mr. Kevin T. Maroney, Attorney, Department of Justice, with whom Mr. Frank R. Hunter, Jr., General Counsel, Subversive Activities Control Board, Mr. George B. Searls, Mrs. Lee B. Anderson, and Mr. Robert L. Keuch, Attorneys, Department of Justice, and Messrs. Charles F. Dirlam and Peter P. Hanagan, Attorneys, Subversive Activities Control Board, were on the brief, submitted on the brief for respondent.
Mr. Edward J. Ennis, New York City, filed a brief on behalf of American Civil Liberties Union, as amicus curiæ.
Before BAZELON, Chief Judge, PRETTYMAN, Senior Circuit Judge, and DANAHER, Circuit Judge.
This is a petition for review of an order of the Subversive Activities Control Board requiring the United May Day Committee to register as a Communist-front organization under Section 7 of the Subversive Activities Control Act of 1950.1 The Board's order was issued on April 27, 1956, and subsequent to the filing of the petition in this court, upon stipulation of the parties, the case was held in abeyance pending the outcome of the Communist Party proceedings. The latter were finally resolved in June of 1961.2 Thereafter this court ordered the filing of briefs and the scheduling of oral arguments in the present case. Petitioner3 asked that the Committee not be required to file a brief but that the court consider the brief filed in a companion case, American Committee for Protection of Foreign Born v. Subversive Activities Control Board, decided this date,4 as its brief "only insofar as any points of Constitutional Law are raised therein." This request was embodied in a motion, filed March 12, 1962, which further recited:
The request was granted. Accordingly this petitioner is before the court seeking to have the Board's order set aside on constitutional grounds.
Communist Party of United States v. Subversive Activities Control Board, 367 U.S. 1, 81 S.Ct. 1357, 6 L.Ed.2d 625 (1961), sustained the statutory requirements for registration of Communist-action organizations but did not deal with the relationship between a Communist-action organization and a Communist-front organization. Two questions now arise. (1) Is a front closely enough related to the world Communist movement to justify restricting first amendment rights because of the Communist Party's support of the world Communist movement? (2) Must the question whether the...
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Bois Clubs of America v. Clark
...404, 413, 331 F.2d 64, 73 (1963), reversed on other grounds, 380 U.S. 513, 85 S.Ct. 1153, 14 L.Ed.2d 46 (1965); Weinstock v. SACB, 118 U.S.App.D.C. 1, 331 F.2d 75 (1963); Jefferson School of Social Science v. SACB, 118 U.S.App.D.C. 2, 331 F.2d 76 (1963), their constitutionality has not been......