Communist Party of United States v. Subversive Activities Control Bd.

Background

The Attorney General asked a federal Board created under the Internal Security Act to order the Communist Party to register as a "Communist-action" organization. The Board held a long hearing, concluded the Party met the statute’s criteria, and ordered registration. The Party appealed and, while the appeal was pending, offered new evidence alleging three important government witnesses had committed perjury in other cases. The Government did not deny these allegations. The Court of Appeals denied the Party’s request to add that evidence and affirmed the Board.

Reasoning

The Supreme Court focused on whether the new, uncontested allegations of perjury made the record too tainted to review. The majority noted that the three witnesses had given extensive testimony and were cited repeatedly in the Board’s report. Because those witnesses’ statements were material to the Board’s findings, the Court held that fairness required the Board to reconsider the record with the perjury challenge in mind. The Court reversed and sent the case back so the Board can either hold a hearing on the new allegations or assume they are true and expunge the challenged testimony, then reconsider whether registration is warranted. The Court did not decide the Party’s constitutional challenges.

Real world impact

The ruling means the Board cannot enforce its order without first reexamining the record free of any taint from the challenged testimony. The Party’s registration and any sanctions tied to that finding are effectively paused until the Board acts. The decision preserves the possibility of later review of constitutional questions, which the Court left undecided.

Dissents or concurrances

A dissent argued the remand was unnecessary, said the motion was weak, and urged the Court to decide the constitutional issues now instead of delaying the Board’s order.