Parties: Gibson v. Fla. Legislative Investigation Comm.
Date: 1963-03-25
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Paragraph: 11 - 'It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the 'liberty' assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech.'
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Paragraph: 43 - Joining a lawful organization, like attending a church, is an associational activity that comes within the purview of the First Amendment, which provides in relevant part: 'Congress shall make no law * * * abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.' 'Peaceably to assemble' as used in the First Amendment necessarily involves a coming together, whether regularly or spasmodically. Historically the right to assemble was secondary to the right to petition, the latter being the primary right. But today, as the Court stated in De Jonge v. Oregon, 299 U.S. 353, 364, 57 S.Ct. 255, 260, 81 L.Ed. 278, 'The right of peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental.' Assembly, like speech, is indeed essential 'in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means.' Id., p. 365, 57 S.Ct. p. 260. 'The holding of meetings for peaceable political action cannot be proscribed.' Ibid. A Free Society is made up of almost innumerable institutions through which views and opinions are expressed, opinion is mobilized, and social, economic, religious, educational, and political programs are formulated.
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Phrase match: the freedom of speech, or of
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Paragraph: 49 - A coming together is often necessary for communication—for those who listen as well as for those who speak. Demosthenes, it is said, went to the seashore and declaimed to the waves in order to correct a stammer. But normally a speaker implies an audience. Joining a group is often as vital to freedom of expression as utterance itself. Registering as a student in a school or joining a faculty is as vital to freedom of expression as joining a church is to the free exercise of religion. Joining a political party may be as critical to expression of one's views as hiring reporters is to the establishment of a free press. Some have thought that political and academic affiliations have a preferred position under the due process version of the First Amendment. See Sweezy v. New Hampshire, 354 U.S. 234, 261—267, 77 S.Ct. 1203, 1220, 1 L.Ed.2d 1311 (concurring opinion). But the associational rights protected by the First Amendment are in my view much broader and cover the entire spectrum in political ideology as well as in art, in journalism, in teaching, and in religion.
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Phrase match: to freedom of expression as utterance
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Paragraph: 57 - 'Freedom of religion and freedom of speech guaranteed by the First Amendment give more than the privilege to worship, to write, to speak as one chooses; they give freedom not to do nor to act as the government chooses. The First Amendment in its respect for the conscience of the individual honors the sanctity of thought and belief. To think as one chooses, to believe what one wishes are important aspects of the constitutional right to be let alone.' Public Utilities Comm'n, etc., v. Pollak, 343 U.S. 451, 467—468, 72 S.Ct. 813, 823, 96 L.Ed. 1068 (dissenting opinion).
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Phrase match: 'Freedom of religion and freedom
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Paragraph: 65 - Government can intervene only when belief, thought, or expression moves into the realm of action that is inimical to society. That was Jefferson's view. In his Bill for Establishing Religious Freedom he spoke primarily of religious liberty but in terms applicable to freedom of the mind in all of its aspects. It was his view that in the Free Society men's ideas and beliefs, their speech and advocacy are no proper concern of government. Only when they become brigaded with action can government move against them.
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Paragraph: 36 - I concur in the Court's opinion and judgment reversing the judgment of the Supreme Court of Florida although, for substantially the same reasons stated by Mr. Justice DOUGLAS in his concurring opinion, I would prefer to reach our decision by a different approach. I agree with Mr. Justice DOUGLAS that the Fourteenth Amendment makes the First Amendment applicable to the States and protects the freedoms of religion, speech, press, assembly, and petition from state abridgment with the same force and to the same degree that the First Amendment protects them from federal abridgment. That, as the cases cited by Mr. Justice DOUGLAS show, is what this Court has previously held. I agree also that these Amendments encompass freedom of the people to associate in an infinite number of organizations including the National Association for the Advancement of Colored People, of which petitioner here was president at the time it was under investigation by the Florida committee. In my view the constitutional right of association includes the privilege of any person to associate with Communists or anti-Communists, Socialists or anti-Socialists, or, for that matter, with people of all kinds of beliefs, popular or unpopular. I have expressed these views in many other cases and I adhere to them now. Since, as I believe, the National Association for the Advancement of Colored People and its members have a constitutional right to choose their own associates, I cannot understand by what constitutional authority Florida can compel answers to questions which abridge that right. Accordingly, I would reverse here on the ground that there has been a direct abridgment of the right of association of the National Association for the Advancement of Colored People and its members.
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Phrase match: constitutional right of association includes the
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Paragraph: 43 - 'Peaceably to assemble' as used in the First Amendment necessarily involves a coming together, whether regularly or spasmodically. Historically the right to assemble was secondary to the right to petition, the latter being the primary right. But today, as the Court stated in De Jonge v. Oregon, 299 U.S. 353, 364, 57 S.Ct. 255, 260, 81 L.Ed. 278, N57* 'The right of peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental.' Assembly, like speech, is indeed essential N58* 'in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means.' Id., p. 365, 57 S.Ct. p. 260. N59* 'The holding of meetings for peaceable political action cannot be proscribed.'
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Paragraph: 56 - The right of association has become a part of the bundle of rights protected by the First Amendment (see, e.g., N.A.A.C.P. v. Alabama, supra), and the need for a pervasive right of privacy against government intrusion has been recognized, though not always given the recognition it deserves.
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Phrase match: The right of association has become
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Paragraph: 31 - Nothing we say here impairs or denies the existence of the underlying legislative right to investigate or legislate with respect to subversive activities by Communists or anyone else; our decision today deals only with the manner in which such power may be exercised and we hold simply that groups which themselves are neither engaged in subversive or other illegal or improper activities nor demonstrated to have any substantial connections with such activities are to be protected in their rights of free and private association. As declared in Sweezy v. New Hampshire, 354 U.S. 234, 245, 77 S.Ct. 1203, 1209 (opinion of The Chief Justice),N115* 'It is particularly important that the exercise of the power of compulsory process be carefully circumscribed when the investigative process tends to impinge upon such highly sensitive areas as freedom of speech or press, freedom of political accociation, and freedom of communication of ideas * * *.'
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Phrase match: legislative right to investigate or legislate
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Paragraph: 43 - N116* Joining a lawful organization, like attending a church, is an associational activity that comes within the purview of the First Amendment, which provides in relevant part: 'Congress shall make no law * * * abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.' 'Peaceably to assemble' as used in the First Amendment necessarily involves a coming together, whether regularly or spasmodically. Historically the right to assemble was secondary to the right to petition, the latter being the primary right. But today, as the Court stated in De Jonge v. Oregon, 299 U.S. 353, 364, 57 S.Ct. 255, 260, 81 L.Ed. 278, 'The right of peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental.' Assembly, like speech, is indeed essential 'in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means.' Id., p. 365, 57 S.Ct. p. 260. 'The holding of meetings for peaceable political action cannot be proscribed.' Ibid. A Free Society is made up of almost innumerable institutions through which views and opinions are expressed, opinion is mobilized, and social, economic, religious, educational, and political programs are formulated.
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Phrase match: the right to assemble was secondary
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Paragraph: 57 - N117* 'Freedom of religion and freedom of speech guaranteed by the First Amendment give more than the privilege to worship, to write, to speak as one chooses; they give freedom not to do nor to act as the government chooses. The First Amendment in its respect for the conscience of the individual honors the sanctity of thought and belief. To think as one chooses, to believe what one wishes are important aspects of the constitutional right to be let alone.'
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Phrase match: constitutional right to be let alone
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Paragraph: 65 - Government can intervene only when belief, thought, or expression moves into the realm of action that is inimical to society. That was Jefferson's view. In his Bill for Establishing Religious Freedom he spoke primarily of religious liberty but in terms applicable to freedom of the mind in all of its aspects. It was his view that in the Free Society men's ideas and beliefs, their speech and advocacy are no proper concern of government. Only when they become brigaded with action can government move against them.
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Phrase match: beliefs, their speech and advocacy are
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Paragraph: 12 - The First and Fourteenth Amendment rights of free speech and free association are fundamental and highly prized, and N45* 'need breathing space to survive.' N.A.A.C.P. v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 338, 9 L.Ed.2d 405. N46* 'Freedoms such as these are protected not only against heavy-handed frontal attack, but also from being stifled by more subtle governmental interference.' Bates v. Little Rock, supra, 361 U.S., at 523, 80 S.Ct., at 416. And, as declared in N.A.A.C.P. v. Alabama, supra, 357 U.S., at 462, 78 S.Ct., at 1171, N47* 'It is hardly a novel perception that compelled disclosure of affiliation with groups engaged in advocacy may constitute (an) * * * effective * * * restraint on freedom of association * * *. This Court has recognized the vital relationship between freedom to associate and privacy in one's associations. * * * Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs.' So it is here.
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