Constitutional Law: Circuit Court Determines a Relationship Between First and Fifth Amendments in Context of Organizational Disclosure

Authors

Abstract

Negating the Communist Party's statutory obligation to disclose information inculpatory to its members on the basis of the fifth amendment privilege against self-incrimination, the Court of Appeals for the District of Columbia Circuit adopted a theory of fifth amendment applicability for first amendment groups. An examination of fifth amendment policies supporting this result provides a rationale for granting protection against compelled self-incrimination to all individuals in organizational roles.

Citation

Constitutional Law: Circuit Court Determines a Relationship Between First and Fifth Amendments in Context of Organizational Disclosure, 1968 Duke Law Journal 134-161 (1968)
Available at: https://scholarship.law.duke.edu/dlj/vol17/iss1/7