Braden v. United States

Background

A civil-rights activist and organizer was called before a House Un-American Activities subcommittee in Atlanta on July 30, 1958. He refused to answer six questions, including whether he was a Communist when he signed a letter urging opposition to certain bills. He was indicted under 2 U.S.C. §192, tried by a jury, convicted, and the Court of Appeals affirmed.

Reasoning

The Court held the subcommittee was conducting a legitimate legislative inquiry into Communist infiltration and propaganda in the southern States and that the particular questions were pertinent to that inquiry. Relying on earlier decisions in related cases, the Court said the trial judge correctly decided pertinency as a matter of law, rejected the witness’s First Amendment defense, and held that a mistaken reliance on prior Supreme Court rulings is not a defense.

Real world impact

The decision confirms that congressional committees may question people about political associations and activities even when those activities include lawful petitioning or protest. Individuals who refuse to answer relevant committee questions risk conviction under the statute. The ruling thus strengthens investigative power of congressional committees and creates potential legal and practical risks for activists, organizations, and publications targeted by such probes.

Dissents or concurrances

Justices Black and Douglas dissented, arguing the petitioner was targeted for his civil-rights work, that Watkins and Sweezy required clearer foundation for intrusions into First Amendment activity, and warning the decision will chill speech, petitioning, and association. Justice Black urged overruling the line of cases supporting the majority.