Barenblatt v. United States

360 U.S. 109 (1959)

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Nature of the Case

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Facts

Pursuant to a subpoena, and accompanied by counsel, D appeared as a witness before a congressional Subcommittee. After answering a few preliminary questions and testifying that he had been a graduate student and teaching fellow at the University of Michigan from 1947 to 1950 and an instructor in psychology at Vassar College from 1950 to shortly before his appearance before the Subcommittee, D objected generally to the right of the Subcommittee to inquire into his 'political' and 'religious' beliefs or any 'other personal and private affairs' or 'associational activities.' D specifically declined to answer each of the following five questions: 'Are you now a member of the Communist Party? 'Have you ever been a member of the Communist Party? 'Now, you have stated that you knew Francis Crowley. Did you know Francis Crowley as a member of the Communist Party? Were you ever a member of the Haldane Club of the Communist Party while at the University of Michigan? 'Were you a member while a student of the University of Michigan Council of Arts, Sciences, and Professions?' D expressly disclaimed reliance upon 'the Fifth Amendment.' The House duly certified the matter to the District of Columbia for contempt proceedings. D was convicted under all Counts and sentenced to six months' imprisonment and a fine of $ 250. The case is before the Court for a second time. D's conviction was originally affirmed in 1957 by a unanimous panel of the Court of Appeals, but the Court vacated the judgment of the Court of Appeals and remanded the case to that court for further consideration in light of Watkins v. United States, 354 U.S. 178. The Court of Appeals, sitting en banc, reaffirmed the conviction.