John Marshall Harlan II

“ I read its opinion as basically proceeding on the premise that the governmental interest in investigating Communist infiltration into admittedly nonsubversive organizations, as distinguished from investigating organizations themselves suspected of subversive activities, is not sufficient to overcome the countervailing right to freedom of association. ”

“ Apart from this, the issue of 'nexus' is surely laid at rest by the N.A.A.C.P.'s own 'Anti-Communism' resolution, first adopted in 1950, which petitioner had voluntarily furnished the Committee before the curtain came down on his examination:
'ANTI-COMMUNISM
'Whereas, certain branches of the National Association for the Advancement of Colored People are being rocked by internal conflicts between groups who follow the Communist line and those who do not, which threaten to destroy the confidence of the public in the Association and which will inevitably result in its eventual disruption ”

“ There can be no doubt that the judging of challenges respecting legislative or executive investigations in this sensitive area demands the utmost circumspection on the part of the courts, as indeed the Florida Supreme Court has itself recognized. ”