Potter Stewart

“ The Gun Factory was engaged in designing, producing, and inspecting naval ordnance, including the development of weapons systems of a highly classified nature. Located on property owned by the United States, the installation was under the command of Rear Admiral D. M. Tyree, Superintendent. Access to it was restricted, and guards were posted at all points of entry. Identification badges were issued to persons authorized to enter the premises by the Security Officer, a naval officer subordinate to the Superintendent. In 1956 the Security Officer was Lieutenant Commander H. C. Williams. ”

“ Speaking of the Superintendent of the Military Academy, the Attorney General's opinion stated:
' (H) e has always regarded the citizens resident within the public limits-such as the sutler, keeper of the commons, tailor, shoemaker, artificers, etc., even though they own houses on the public grounds, or occupy buildings belonging to the United States * * *-as tenants at will, and liable to be removed whenever, in the opinion of the superintendent, the interests of the academy require it. ”

“ In those two cases an individual's interest in government employment was recognized as entitled to constitutional protection, and it is contended that what the Court said in deciding them would require us to hold that Rachel Brawner was entitled to notice and hearing in this case. In United Public Workers the Court observed that ' (n) one would deny' that 'Congress may not 'enact a regulation providing that no Republican, Jew or Negro shall be appointed to federal office, or that no federal employee shall attend Mass or take any active part in missionary work. ”

“ It cannot be doubted that both the legislative and executive branches are wholly legitimate potential sources of such explicit authority. The control of access to a military base is clearly within the constitutional powers granted to both Congress and the President. ”

“ The law explicitly requires that United States Navy Regulations shall be approved by the President, 10 U.S.C. § 6011, 10 U.S.C.A. § 6011, and the pertinent regulations in effect when Rachel Brawner's identification badge was revoked had, in fact, been expressly approved by President Truman on August 9, 1948.
The requirement of presidential approval of Navy regulations is of ancient vintage. [3] The significance of such presidential approval has often been recognized by this Court. ”

“ At the request of the petitioner Union, which represented the employees at the cafeteria, M & M sought to arrange a meeting with officials of the Gun Factory 'for the purpose of a hearing regarding the denial of admittance to the Naval Gun Factory of Rachel Brawner.' This request was denied by Admiral Tyree on the ground that such a meeting would 'serve no useful purpose.'
Since the day her identification badge was withdrawn Mrs. Brawner has not been permitted to enter the Gun Factory. ”

“ All this record shows is that, in the opinion of the Security Officer of the Gun Factory, concurred in by the Superintendent, Rachel Brawner failed to meet the particular security requirements of that specific military installation. There is nothing to indicate that this determination would in any way impair Rachel Barwner's employment opportunities anywhere else. [10] As pointed out by Judge Prettyman, speaking for the Court of Appeals, 'Nobody has said that Brawner is disloyal or is suspected of the slightest shadow of intentional wrongdoing. ”

“ Rachel Brawner remained entirely free to obtain employment as a short-order cook or to get any other job, either with M & M or with any other employer. All that was denied her was the opportunity to work at one isolated and specific military installation. ”