Wayte v. United States

Background

A man required to register for the draft refused and wrote letters saying he would not register. Selective Service put his letters into a file and used a passive enforcement policy: it investigated and referred only people who reported themselves or were reported by others. The Justice Department used a "beg" policy — warning, interviewing, and giving a chance to register — then prosecuted those who still refused. He was indicted, the district court dismissed for selective prosecution after discovery disputes, the court of appeals reversed, and the Supreme Court reviewed the constitutional question.

Reasoning

The Court addressed whether that passive enforcement and the "beg" warnings violated free-speech or due-process protections. It explained that prosecutors have broad discretion to decide whom to charge but that such choices must not be based on an improper purpose. The Court required proof both of a discriminatory effect and of an intent to punish speech. The record showed the government treated reported nonregistrants similarly and prosecuted those who refused after warnings. The Court also applied the test for speech-plus-conduct and found the national defense interest, efficiency, proof of intent, and deterrence justified the interim policy.

Real world impact

The decision allows prosecutors to continue bringing criminal charges against men who either announced their refusal to register or were reported by others. It makes clear that volunteering information that reveals breaking the law does not by itself bar prosecution. The ruling affirmed that the specific discovery dispute and internal document issues were not resolved by the Court and remained contested in the lower courts.

Dissents or concurrances

Justice Marshall (joined by Justice Brennan) dissented, arguing the defendant was entitled to discovery of government documents, that the selective-prosecution claim was nonfrivolous, and that dismissal was improper without evidentiary review.