A Landmark Supreme Court Case: Albertson V. Subversive Activities Control Board

During the Cold War Congress passed the Internal Security Act which is also known as the McCarran Act. The Act was passed during the time in the U.S. of the Red Scare in which the American people were afraid of Communists within the U.S. The Act of Congress was meant to expose Communist organizations and members.�

The statue ordered Communist people and organizations to register with the attorney general. The McCarran Act also set up the Subversive Activities Control Board to administer the registration process. Members of these Communist organizations would then be subject to denial of passports and the right to work in some factories like defense plants.�

The Communist party members refused to register with the attorney general. Then the attorney general asked the Subversive Activities Control Board to order individual members to register. Once again, the members like Albertson refuse,�claiming that the resulting penalties were from self incriminiation and a violation of the�fifth amendment.�The case reached the Supreme Court.

In a unanimous decision, the Supreme Court sided with Albertson and the Communist Party and members. The court majority opinion stated that while the Congressional act did contain immunity from being prosecuted for registering, the registration could later be used in a criminal case or to supply investigatory leads. This was a� form of self incrimination and violated the fifth amendment. The majority opinion was written by Justice Brennan. Justice White abstained from the vote, making it an 8-0 decision.

This landmark Supreme Court case proved that while the people were scared of the threat of communism and the U.S. was engaged in the Cold War, the constitution still had to be upheld and its principles.