William J. Brennan, Jr.

“ I think we should hardly be less willing to apply the same doctrine to set aside, as not statutorily warranted, a federal administrative regulation which anomalously truns about the ordinary state of the burden of proof as to 'deportability,' and in fact so far dispenses with the ordinary requirement of evidence of 'deportability' that the alien must shoulder the burden of negating it even where the Government has introduced no evidence at all on the issue. ”

“ By subscribing to the anomalous allocation of the burden of proof here, we increase the statute's harshness, promote the procedural restriction on the freedom of speech which we condemned in Speiser and Smith, and in practical effect, because of the allocation, let this petitioner's invocation of his constitutional privilege be equated with a demonstration of his deportability as to the matters on which he invoked the privilege. ”

“ One of the relevant enactments, § 22 of the 1950 Internal Security Act, is a harsh one whose constitutionality was upheld here only on historical grounds. See Galvan v. Press, 347 U.S. 522, 530-532, 74 S.Ct. 737, 742-743, 98 L.Ed. 911. ”