Jump to ContentJump to Main Navigation
The Supreme Court and McCarthy-Era RepressionOne Hundred Decisions$
Users without a subscription are not able to see the full content.

Robert M. Lichtman

Print publication date: 2012

Print ISBN-13: 9780252037009

Published to Illinois Scholarship Online: April 2017

DOI: 10.5406/illinois/9780252037009.001.0001

Show Summary Details
Page of

PRINTED FROM ILLINOIS SCHOLARSHIP ONLINE (www.illinois.universitypressscholarship.com). (c) Copyright Illinois University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ISO for personal use.date: 15 October 2019

Barenblatt, Uphaus, and the Court in Retreat

Barenblatt, Uphaus, and the Court in Retreat

(October Terms 1958 and 1959)

Chapter:
(p.127) 9 Barenblatt, Uphaus, and the Court in Retreat
Source:
The Supreme Court and McCarthy-Era Repression
Author(s):

Robert M. Lichtman

Publisher:
University of Illinois Press
DOI:10.5406/illinois/9780252037009.003.0009

This chapter discusses the U.S. Supreme Court’s decisions during its October 1958 and 1959 terms. The most important decisions were Barenblatt v. United States and Uphaus v. Wyman, in which the Court decided in the government’s favor a constitutional issue it had nibbled at, but avoided deciding, for years: whether legislative committees may, consistent with the First Amendment, compel witnesses to disclose “Communist” associations. Barenblatt was another House Un-American Activities Committee contempt-of-Congress case, and, as in earlier cases, nonconstitutional issues were also presented. But this time the Court chose to decide on constitutional grounds. Uphaus seemed indistinguishable from Sweezy (it involved a New Hampshire adult-camp director’s refusal to provide information to Louis Wyman’s one-man committee). But Chief Justice Harlan F. Stone, who in Sweezy joined Felix Frankfurter in a concurring opinion that sustained the witness’ refusal to answer on First Amendment grounds, wrote for the Court in Uphaus reaching the opposite result.

Keywords:   Barenblatt v. United States, Uphaus v. Wyman, U.S. Supreme Court, McCarthy era, First Amendment, Harlan F. Stone, Felix Frankfurter

Illinois Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.