Albertson v. Subversive Activities Control Board
Albertson v. Subversive Activities Control Board is a significant Supreme Court case that addressed the intersection of civil liberties and national security during the Cold War era. The Court unanimously ruled that the Subversive Activities Control Board could not prosecute members of the Communist Party for failing to register as required by the McCarran Act of 1950. This decision was rooted in the principle of protection against self-incrimination as outlined in the Fifth Amendment, as the Court found that mandatory registration could lead to self-incrimination in other legal contexts. The ruling underscored the limitations of governmental power in regulating political beliefs and associations, reflecting broader themes of freedom of assembly and expression.
Previous cases, such as Communist Party v. Subversive Activities Control Board, had upheld the registration requirements but left open questions about enforcement. However, with the Supreme Court's decision in Albertson, it became evident that the enforcement of the McCarran Act was not feasible. Ultimately, this case contributed to the decline of aggressive anti-communist measures in the United States, leading to the expiration of the Subversive Activities Control Board in the early 1970s under the Nixon administration. The ruling remains an important precedent in discussions about civil liberties, government authority, and the rights of individuals in the political sphere.
Albertson v. Subversive Activities Control Board
Date: November 15, 1965
Citation: 382 U.S. 70
Issue: Freedom of assembly and association
Significance: In this case, one of a series of decisions undermining 1950’s anticommunist legislation, the Supreme Court struck down registration provisions of the 1950 McCarran Act.
The Supreme Court unanimously ruled that the Subversive Activities Control Board could not prosecute Communist Party members for failing to register with the board as mandated by the McCarran Act of 1950. The Court held that forced registration meant self-incrimination in other prosecutions. Even provisions granting registrants immunity from prosecution were inadequate to protect Communist Party members from violations of their Fifth Amendment right against self-incrimination.
In an earlier decision, Communist Party v. Subversive Activities Control Board (1961), the Court had upheld the registration provisions of the act but declined to reach a conclusion on whether anyone could be prosecuted for refusing to register. Many legal authorities correctly surmised that the Court might not actually allow prosecutions. When enforcement of the act was attempted, the Court blocked it. Recognizing that the act was unenforceable, President Richard M. Nixon and Congress allowed the board to expire in the early 1970’s.