COMMUNICATIONS ASSN. v. DOUDS

No. 10.

339 U.S. 382 (1950)

AMERICAN COMMUNICATIONS ASSN., C. I. O., ET AL. v. DOUDS, REGIONAL DIRECTOR OF THE NATIONAL LABOR RELATIONS BOARD.

Supreme Court of United States.

Decided May 8, 1950.


Attorney(s) appearing for the Case

Victor Rabinowitz argued the cause for appellants in No. 10. With him on the brief was Leonard B. Boudin. Samuel A. Neuburger was also of counsel.

Thomas E. Harris argued the cause for petitioners in No. 13. With him on the brief were Arthur J. Goldberg and Frank Donner.

Solicitor General Perlman argued the cause for appellee in No. 10 and respondent in No. 13. With him on the briefs were Robert L. Stern, Stanley M. Silverberg, Robert N. Denham, David P. Findling, A. Norman Somers, Mozart G. Ratner and Norton J. Come.

Briefs of amici curiae supporting appellants in No. 10 were filed by Arthur J. Goldberg, Frank Donner and Thomas E. Harris for the Congress of Industrial Organizations; and Osmond K. Fraenkel and Jerome Walsh for the American Civil Liberties Union.

Briefs of amici curiae supporting appellants in No. 10 and petitioners in No. 13 were filed by Robert W. Kenny, Robert J. Silberstein, Richard F. Watt and Edmund Hatfield for the National Lawyers' Guild; and Allan R. Rosenberg for the United Electrical, Radio & Machine Workers (C. I. O.).


MR. CHIEF JUSTICE VINSON delivered the opinion of the Court.

These cases present for decision the constitutionality of § 9 (h) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947.1 This section, commonly referred to as the non-Communist affidavit provision, reads as follows: "No investigation shall be made by the [National Labor Relations] Board of any question affecting commerce concerning...

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