Barenblatt v. United States

Media Items
Oral Argument
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Advocates
Edward J. Ennis (Argued the cause for the petitioner)
Philip R. Monahan (Argued the cause for the United States)
Case Basics
Docket No.: 
35
Petitioner: 
Barenblatt
Respondent: 
United States
Decided By: 
Warren Court (1958-1962)
Opinion: 
360 U.S. 109 (1959)
Categories: 
investigations, attainder, congress, freedom of association, national security, freedom of speech, criminal, education

Cite this page
The Oyez Project, Barenblatt v. United States , 360 U.S. 109 (1959)
available at: (http://oyez.org/cases/1950-1959/1958/1958_35)
Facts of the Case: 

During hearings of the House Committee on Un-American Activities, Lloyd Barenblatt, a university professor, refused to answer questions concerning his political and religious beliefs along with his associational activities. He was found in contempt of Congress for failing to cooperate with the committee investigation.

Question: 

Did the House Committee's investigation into Barenblatt's affiliations with the Communist Party transgress his First Amendment protections which limit congressional inquiries?

Conclusion: 

The divided Court found that the Committee's actions did not violate the First Amendment and, thus, upheld Barenblatt's conviction for contempt of Congress. Justice Harlan noted that the First Amendment does not protect a witness from all lines of questioning. As long as the Congressional inquiry is pursued to "aid the legislative process" and to protect important government interests, then it is legitimate.

Decisions

Decision: 5 votes for United States, 4 vote(s) against
Legal provision: Due Process

Sort by Seniority

Voted with the minority, joined Black's dissent
Douglas
Wrote a dissent
Black
Voted with the minority, joined Black's dissent
Warren
Wrote a dissent
Brennan
Voted with the majority
Clark
Voted with the majority
Stewart
Voted with the majority
Whittaker
Voted with the majority
Frankfurter
Wrote the majority opinion
Harlan

Full Opinion by Justice John M. Harlan