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United States v. Robel (docket #: 8) (1967)  [Findlaw]

Argument Date 11/09/1967
Decided 12/11/1967
Supreme Court Vote 6-2
Note Robel was the second case, after Lamont v. Postmaster (1965), in which the Court struck a law of Congress on First Amendment grounds.
Supreme Court Ruling First Amendment claim sustained.
IssueThis case draws into question the constitutionality a section of the Subversive Activities Control Act of 1950,which provides that, when a Communist-action organization is under a final order to register, it shall be unlawful for any member of the organization "to engage in any employment in any defense facility."
Case Summary & Additional Resources
Majority Opinion Warren, C.J. (Marshall, J., did not particpate)
Concurring Opinion Brennan, J. (concurring in result)
Dissenting Opinion White, J. (joined by Harlan, J.)
Lower Court U.S. District Court for the Western District of Washington
Lower Court Ruling First Amendment claim sustained.
For Respondent
John J. Abt reargued the cause for Appellee.

For United States
Kevin T. Maroney reargued the cause for the United States

For Amicus
John J. Sullivan, Marvin M. Karpatkin & Melvin L. Wulf filed a brief on the original argument for the American Civil Liberties Union, et al

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