The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, November 18, 1958
Decision: Monday, June 8, 1959
Issues: First Amendment, Legislative Investigations
Categories: attainder, congress, criminal, education, freedom of association, freedom of speech, investigations, national security

Advocates

Edward J. Ennis (Argued the cause for the petitioner)
Philip R. Monahan (Argued the cause for the United States)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for United States, 4 vote(s) against
Legal Provision: Due Process
Voted with the minority, joined Black's dissent
Warren
Wrote a dissent
Black
Voted with the majority
Frankfurter
Voted with the minority, joined Black's dissent
Douglas
Voted with the majority
Clark
Wrote the majority opinion
Harlan
Wrote a dissent
Brennan
Voted with the majority
Whittaker
Voted with the majority
Stewart
Full Opinion by Justice John M. Harlan

Cite this page

The Oyez Project, Barenblatt v. United States, 360 U.S. 109 (1959),
available at: <http://www.oyez.org/cases/1950-1959/1958/1958_35/>
(last visited ).