Hugo Black

“ Petitioner is being sent to jail for the express reason that he has associated with people who have entertained unlawful ideas and said unlawful things, and that of course is a direct abridgment of his freedoms of speech and assembly-under any definition that has ever been used for that term. Nevertheless, even as to this admittedly direct abridgment, the Court relies upon its prior decisions to the effect that the Government has power to abridge speech and assembly if its interest in doing so is sufficient to outweigh the interest in protecting these First Amendment freedoms. ”

“ This, I think, demonstrates the unlimited breadth and danger of the 'balancing test' as it is currently being applied by a majority of this Court. Under that 'test,' the question in every case in which a First Amendment right is asserted is not whether there has been an abridgment of that right, not whether the abridgment of that right was intentional on the part of the Government, and not whether there is any other way in which the Government o uld accomplish a lawful aim without an invasion of the constitutionally guaranteed rights of the people. ”

“ United States [2] and Yates v. United States. [3] My reasons for dissenting from this decision are primarily those set out by Mr. Justice BRENNAN-that § 4 (f) of the Subversive Activities Control Act [4] bars prosecutions under the membership clause of the Smith Act-and Mr. ”