William J. Brennan, Jr.

“ It is particularly important that congressional committees confine themselves to the function of gathering information when their investigation begins to touch the realm of speech and opinion. On this record, I cannot help concluding that the Committee had no reasonable prospect that petitioner would answer its questions, and accordingly that the Committee's purpose could not have been the legitimate one of fact gathering. I am forced to the view that the questions asked of petitioner were therefore not within the Committee's power. ”

“ United States, 360 U.S. 109, 166, 79 S.Ct. 1081, 1113, 3 L.Ed.2d 1115 (dissenting opinion) ; Uphaus v. Wyman, 360 U.S. 72, 82, 79 S.Ct. 1040, 1047, 3 L.Ed.2d 1090 (dissenting opinion) . I would reverse. ”