Today in Supreme Court History: November 15, 1882

11/15/1882: Justice Felix Frankfurter's birthday.

Justice Felix Frankfurter

Comments

[Dan Schiavetta]

The Harrisburg, 119 U.S. 199 (decided November 15, 1886): can’t sue in admiralty for wrongful death because Congress has not provided for it (overruled by Moragne v. States Marine Lines, 1970)

Moody v. Daggett, 429 U.S. 78 (decided November 15, 1976): parolee who committed a crime while on parole does not have normal entitlement to immediate parole revocation hearing even though in custody after warrant issued

Albertson v. Subversive Activities Control Board, 382 U.S. 70 (decided November 15, 1965): requiring members of the Communist Party to register as such violates self-incrimination clause (by doing so they could automatically be prosecuted under the Smith Act) (previously the Court had held that requiring Party leaders to submit a list of members was not unconstitutional, Communist Party v. Subversive Activities Control Board, 1961) (the Board was abolished in 1972)

[apedad]

Re: Albertson v. Subversive Activities Control Board

Question

Did the member registration requirements of the Subversive Activities Control Act violate Albertson's and Proctor’s Fifth Amendment privileges against self-incrimination?

Conclusion (Unanimous!)

Yes. In a unanimous opinion written by Justice William Brennan, the Court held both that the petitioners’ claim of self-incrimination was ripe for decision and that SACA’s registration requirement for individuals violated the Fifth Amendment. Justice Brennan noted that SACA clearly implied a duty to file registration, in this case the specific form crafted by the Attorney General. He rejected the government’s argument that individuals could choose to incompletely fill out the form, asserting privilege as to some of the questions but not others. Justice Brennan reasoned that such a possibility might be constitutionally adequate if the registration was neutral on its face, but here Albertson and Proctor would be admitting to an element of a crime. Justice Brennan also rejected the government’s assertion that SACA’s immunity provision protected Albertson and Proctor from self-incrimination. He noted that SACA only provided that registration shall not constitute per se evidence of criminal guilt; thus, registration could still be used as evidence of guilt. The Court reversed the lower court’s decision and set aside the Board’s orders.

Justice Byron White concurred. He noted his previous objection to SACA’s registration provisions while serving as Attorney General. Justice White previously cautioned that SACA likely violated individuals’ freedom of speech, of assembly, and the privilege against self-incrimination. (oyez)

[Dan Schiavetta]

thanks as always

[CJColucci]

How long before we get a hot dog pun?

[Mr. Bumble]

I thought there would be one from The Rocky Horror Picture Show.

[bernard11]

I think we used them all the last umpteen times Frankfurter’s birthday came around.

[Krayt]

Haley wants you to register with your real name to post on social media.

Oh, Haley. You were doing so well. Oh well.

[Rev. Arthur L. Kirkland]

Did McReynolds speak with Frankfurter, or was it just Brandeis whom McReynolds shunned?