Potter Stewart

“ Decision in this case must finally turn, therefore, on whether the cities as instrumentalities of the State have demonstrated so cogent an interest in obtaining and making public the membership lists of these organizations as to justify the substantial abridgment of associational freedom which such disclosures will effect. Where there is a significant encroachment upon personal liberty, the State may prevail only upon showing a subordinating interest which is compelling. ”

“ In sum, there is a complete failure in this record to show (1) that the organizations were engaged in any occupation for which a license would be required, even if the occupation were conducted for a profit; (2) that the cities have ever asserted a claim against the organizations for payment of an occupational license tax; (3) that the organizations have ever asserted exemption from a tax imposed by the municipalities, either because of their alleged nonprofit character or for any other reason. ”

“ In addition we assert the right of our [p521] members and contributors to participate in the activities of the NAACP, anonymously, a right which has, been recognized as the basic right of every American citizen since the founding of this country. ”

“ This year, I guess I lost 100 or 150 of those same members because when I went back for renewals they said, 'Well, we will wait and see what happens in the Bennett Ordinance.'"
↑ For example, a witness testified: "Well, the people are afraid to join, afraid to join because the people-they don't want their names exposed and they are afraid their names will be exposed and they might lose their jobs; They will be intimidated and they are afraid to join. ”