William J. Brennan, Jr.

“ The threat to the privilege is no less present where it is proposed that this assessment be made in order to remedy a shortcoming in a statutory grant of immunity. The representation that the information demanded is of no utility is belied by the fact that the failure to make the disclosure is so severely sanctioned ”

“ The Court of Appeals affirmed the orders without deciding the privilege issue, expressing the view that under our decision in Communist Party, 367 U.S., at 105-110, 81 S.Ct., at 1415-1417, the issue was not ripe for adjudication and would be ripe only in a prosecution for failure to register if the petitioners did not register. 118 U.S.App.D.C. at 121-123, 332 F.2d, at 321-323. We disagree. In Communist Party the Party asserted the privilege on behalf of unnamed officers-those obliged to register the Party and those obliged 'to register for' the Party if it failed to do so. ”

“ Under § 15 (a) (2) of the Act, 64 Stat. 1002, 50 U.S.C. § 794 (a) (2) , for example, each day of failure to register constitutes a separate offense punishable by a fine of up to $10,000 or imprisonment of up to five years, or both. [9] Petitioners must either register without a decision on the merits of their privilege claims, or fail to register and risk onerous and rapidly mounting penalties while awaiting the Government's pleasure whether to initiate a prosecution against them. ”

“ The self-incrimination claim asserted on behalf of the latter officers was held premature because the Party might choose to register and thus the duty of those officers might never arise. Here, in contrast, the contingencies upon which the members' duty to register arises have already matured; the Party did not register within 30 days after the order to register became final and the requisite 60 days since the order became final have elapsed. ”

“ Measured by these standards, the immunity granted by § 4 (f) is not complete. See Scales v. United States, 367 U.S., at 206-219, 81 S.Ct., at 1474-1476. It does not preclude any use of the information called for by Form IS-52, either as evidence or as an investigatory lead. With regard to the act of registering on Form IS-52a, § 4 (f) provides only that the admission of Party membership thus required shall not per se constitute a violation of §§ 4 (a) and (c) or any other criminal statute, or 'be received in evidence' against a registrant in any criminal prosecution ”