Earl Warren

“ The Government emphasizes that the purpose of § 5 (a) (1) (D) is to reduce the threat of sabotage and espionage in the Nation's defense plants. The Government's interest in such a prophylactic measure is not insubstantial. But it cannot be doubted that the means chosen to implement that governmental purpose in this instance cut deeply into the right of association. Section 5 (a) (1) (D) put appellee to the choice of surrendering his organizational affiliation, regardless of whether his membership threatenened the security of a defense facility, [10] or giving up his job. ”

“ But the operative fact upon which the job disability depends is the exercise of an individual's right of association, which is protected by the provisions of the First Amendment. [7] Whereever one would place the right to travel on a scale of constitutional values, it is clear that those rights protected by the First Amendment are no less basic in our democratic scheme.
The Government seeks to defend the statute on the ground that it was passed pursuant to Congress' war power. ”

“ Rather, the Government asserts, Congress has simply sought to regulate access to employment in defense facilities. But it is clear the employment disability is imposed only because of such membership.↑ See Scales v. United States, 367 U.S. 203, 81 S.Ct. 1469, 6 L.Ed.2d 782 (1961) .↑ See Elfbrandt v. Russell, 384 U.S. 11, 86 S.Ct. 1238, 16 L.Ed.2d 321 (1966) .↑ A number of complex motivations may impel an individual to align himself with a particular organization. ”

“ However, the phrase 'war power' cannot be invoked as a talismanic incantation to support any exercise of congressional power which can be brought within its ambit. ' (E) ven the war power does not remove constitutional limitations safeguarding essential liberties.' Home Bldg. ”