DeGregory v. Attorney General of New Hampshire
Opinion of the Court
Opinion of the Court by
announced by Mr. Justice Brennan.
This is the third time that the constitutional rights of appellant challenged in investigations by New Hampshire into subversion have been brought to us.
“At any time when the attorney general has information which he deems reasonable or reliable relating to violations of the provisions of this chapter he shall make full and complete investigation thereof and shall report to the general court the results of this investigation, together with his recommendations, if any, for legislation. . . . [T]he attorney general is hereby authorized to make public such information received by him, testimony given before him, and matters handled by him as he deems fit to effectuate the purposes hereof.”
The “violations” cover a wide raiige of “subversive” activities designed to “overthrow, destroy or alter, or to assist in the overthrow, destruction or alteration of, the constitutional form of the government ... of the
Appellant was willing to answer questions concerning his relationship with and knowledge of Communist activities since 1957, and in fact he did answer them.
The substantiality of appellant’s First Amendment claim can best be seen by considering what he was asked to do. Appellant had already testified that he had not been involved with the Communist Party since 1957 and that he had no knowledge of Communist activities during that period. The Attorney General further sought to have him disclose information relating to his political associations of an earlier day, the meetings he attended, and the views expressed and ideas advocated at any such gatherings.
On the basis of our prior cases, appellant had every reason to anticipate that the details of his political associations to which he might testify would be reported in a pamphlet purporting to describe the nature of subversion in New Hampshire. (See Uphaus v. Wyman, 360 U. S. 72, 88-95, Brennan, J., dissenting.) Admittedly, “exposure — in the sense of disclosure — is an inescapable incident of an investigation into the presence of subversive persons within a State.” Uphaus v. Wyman, supra, at 81. But whatever justification may have supported such exposure in Uphaus is absent here; the
“The First Amendment may be invoked against infringement of the protected freedoms by law or by lawmaking.” Watkins v. United States, 354 U. S. 178, 197. investigation is a part of lawmaking and the First Amendment, as well as the Fifth, stands as a barrier to state intrusion of privacy. No attack is made on the truthfulness of the questions answered by appellant stating that he does not serve in a subversive role and lacks knowledge of any current subversion. There is no showing of “overriding and compelling state interest” (Gibson v. Florida Legislative Comm., 372 U. S. 539, 546) that would warrant intrusion into the realm of political and associational privacy protected by the First Amendment. The information being sought was historical, not current. Lawmaking at the investigatory stage may properly probe historic events for any light that may be thrown on present conditions and problems. But the First Amendment prevents use of the power to investigate enforced by the contempt power to probe at will and without relation to existing need. Watkins v. United States, supra, at 197-200. The present record is devoid of any evidence that there is any Communist movement in New Hampshire. The 1955 Report deals primarily with “world-wide communism” and the Federal Government. There is no showing whatsoever of present danger of sedition against the State itself, the only area
DeGregory v. Wyman, 360 U. S. 717; DeGregory v. Attorney General, 368 U. S. 19. After remand of the latter case appellant purged himself of contempt by answering in the negative the question “Are you presently a member of the Communist Party?” Subsequently, new hearings were held and it is out of them that the present case arises.
Although the Act purports to extend its protection to the Federal Government as well, that field has been pre-empted. See Pennsylvania v. Nelson, 350 U. S. 497.
“I am not now a member of the Communist Party and have not been at any time since this authority under which I was subject has been on the statute books; that I have no knowledge of any communistic activities in New Hampshire during this period, or any violations of law during this period of six and one-half years. In fact, I have not even been aware of the existence of any Communist Party in the State of New Hampshire at any time that this authority has been on the statute books.”
“Have you ever been a member of the Communist Party?
“When did you join the Communist Party?
“Were you a paid member of the Communist Party?
“Were you an officer of the Communist Party?
“Did you ever have access to or control of membership or financial records of the Communist Party in New Hampshire?
“Did you attend Communist Party meetings in New Hampshire?
“To what extent did Communist Party District I in Boston, Massachusetts, have control over the party’s activities in New Hampshire?
“Did you ever attend any Communist Party meetings in New Hampshire wherein any person advocated to . . . overthrow, destroy or alter the Government of the State of New Hampshire, by force or violence?
“Did you ever attend any Communist Party meetings in New Hampshire where any person advocated, abetted, advised or taught by any means the commission of an act to constitute a clear and present danger to the security of this state?
“Did you or any person known to you destroy any books, records or files, or secrete any funds in this state belonging to or owned by the Communist Party?
“Did you at any time participate or assist in the formation of or contribute to the support of the Communist Party in New Hampshire ?”
Prosecution for these activities was apparently barred by the six-year state statute of limitations, N. H. Rev. St-at. Ann. §603:1, long before the investigation in 1964.
See Gibson v. Florida Legislative Comm., 372 U. S. 539, 543-544; Bates v. Little Rock, 361 U. S. 516, 523-524; NAACP v. Alabama, 357 U. S. 449, 462-463. Cf. Shelton v. Tucker, 364 U. S. 479, 485-487; Talley v. California, 362 U. S. 60, 64-65.
Pennsylvania v. Nelson, supra, n. 2.
Dissenting Opinion
The Court appears to hold that there is on the record so limited a legislative interest and so little relation between it and the information sought from appellant that the Constitution shields him from having to answer the questions put to him.
No plea of a privilege against self-incrimination was interposed by the witness.
Reference
- Full Case Name
- DeGREGORY v. ATTORNEY GENERAL OF NEW HAMPSHIRE
- Cited By
- 82 cases
- Status
- Published