Summary

Portrait of Hugo Black Hugo Black Wilkinson v. United States — Dissent

Least of all do I believe that such a privilege should be accorded the House Un-American Activities Committee. For I believe that true Americanism is to be protected, not by committees that persecute unorthodox minorities, but by strict adherence to basic principles of freedom that are responsible for this Nation's greatness. Those principles are embodied for all who care to see in our Bill of Rights. They were put there for the specific purpose of preventing just the sort of governmental suppression of criticism that the majority upholds here.
Source: Wikisource

Portrait of Hugo Black Hugo Black Wilkinson v. United States — Dissent

And a vast majority of the members of the other two branches of Government have fared no better. If the mere fact that someone has been called a Communist is to be permitted to satisfy a requirement of probable cause, I think it plain that such a requirement is wholly without value. To impose it would only give apparent respectability to a practice which is inherently in conflict with our concepts of justice and due process.
The other such 'protection' afforded to critics of the Un-American Activities Committee under these decisions is included in the majority's so-called balancing test.
Source: Wikisource

Portrait of Hugo Black Hugo Black Wilkinson v. United States — Dissent

They say instead that it makes no difference whether the Committee was harassing petitioner solely by reason of his opposition to it or not because 'it is not for us to speculate as to the motivations that may have prompted the decision of individual members of the subcommittee to summon the petitioner.' The clear thrust of this sweeping abdication of judicial power is that the Committee may continue to harass its opponents with absolute impunity so long as the 'protections' of Barenblatt are observed.
Source: Wikisource

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