Dennis v. United States (339 U.S. 162)
U.S. Supreme Court · decided March 27, 1950 · Supreme Court Database (Spaeth)
- Citation
- 339 U.S. 162 · 70 S. Ct. 519
- Docket
- No. 14
- Argued
- November 7, 1949
- Decided
- March 27, 1950
- Term
- October Term 1949
- Vote
- 5–2
- Majority author
- Justice Minton
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Minton (wrote), Justice Burton, Justice Reed (wrote a concurrence)
- Concurring in the judgment
- Justice R. H. Jackson (wrote)
- Dissenting
- Justice Frankfurter (wrote), Justice Black (wrote)
Opinion excerpt
Mr. Justice Minton delivered the opinion of the Court. The question we have for determination here is whether a challenge for cause to jurors on voir dire because of employment by the Federal Government should have been sustained under the circumstances of this case. Petitioner was convicted of violating R. S. § 102, 2 U. S. C. § 192, for willfully failing to appear before the Committee on Un-American Activities of the House of Representatives in compliance with a subpoena duly served upon him. The Court of Appeals affirmed, 84 U. S. App. D. C. 31, 171 F. 2d 986. We granted certiorari limited to the question whether Government employees could properly serve on the jury which tried petitioner. 337 U. S. 954. Petitioner voluntarily appeared before the House Committee on Un-American Activities which had under consideration two bills to outlaw the Communist Party. Petitioner was and is General Secretary of the Communist Party of the United States. On his voluntary appearance before the Committee, petitioner refused to answer questions as to his name and the date and place of his birth. The Chairman of the Committee directed that a subpoena be served forthwith upon petitioner, requiring him to appear before the Committee on April 9, 1947. On the appointed date petitioner sent a representative but did not appear in accordance with the subpoena. The Committee reported his refusal to…
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