Hugo Black

“ The finding of disloyalty involves not only discharge from employment but a permanent branding as a disloyal and undesirable person, endangering the possibility of earning a livelihood in the future. No individual can be expected lightly to take the risk of incurring such consequences to himself, his family and his associates. ”

“ But no matter how strong that evidence, he had a constitutional right to have it passed on by an impartial jury. [1] No juror can meet the test of 'impartiality' if he has good reason to fear that a vote for acquittal would subject him to harassing investigations and perhaps cost him his job. ”

“ On this ground the government employees called for jury duty were challenged for cause by petitioner. I am convinced that denial of this challenge deprived Dennis of an impartial jury.
Although each juror asserted that he or she could vote for acquittal without fear of adverse consequences, that cannot be accepted as conclusive evidence of impartiality. The test of bias sufficient to exclude a juror for cause is not what the particular juror believes he could do. Long ago Chief Justice Marshall ruled that a person 'may declare that he feels no prejudice in the case ”

“ And this Court, while recognizing that persons of the 'highest honor and greatest self-sacrifice' would not be influenced by fear of financial losses, has said that 'every procedure which would offer a possible temptation to the average man as a judge * * * not to hold the balance nice, clear, and true between the state and the accused denies the latter due process of law.' Tumey v. ”