When a Communist-action organization was under a final order to register, it was made unlawful for any member of that organization to engage in employment in any defense facility. Robel (D) was employed as a machinist to the Todd Shipyards in Seattle, Washington. That facility was designated a defense facility on August 20, 1962, by DOD, thus making D's employment beyond that date illegal. An indictment was filed against D.

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