Harisiades v. Shaughnessy, District Director of Immigration and Naturalization (342 U.S. 580)
U.S. Supreme Court · decided March 10, 1952 · Supreme Court Database (Spaeth)
- Citation
- 342 U.S. 580 · 72 S. Ct. 512
- Decided
- March 10, 1952
- Term
- October Term 1951
- Vote
- 6–2
- Majority author
- Justice Jackson (R.H.)
- Issue area
- First Amendment
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Jackson delivered the opinion of the Court. The ultimate question in these three cases is whether the United States constitutionally may deport a legally resident alien because of membership in the Communist Party which terminated before enactment of the Alien Registration Act, 1940. Harisiades, a Greek national, accompanied hisTfather to the United States in 1916, when thirteen years of age, and has resided here since. He has taken a wife and sired two children, all citizens. He joined the Communist Party in 1925, when it was known as the Workers Party, and served as an organizer, Branch Executive Committeeman, secretary of its Greek Bureau, and editor of its paper “Empros.” The party discontinued his membership, along with that of other aliens, in 1939, but he has continued association with members. He was familiar with the principles and philosophy of the Communist Party and says he stilf believes in them. He disclaims personal belief in use of force and violence and asserts that the party favored their'use only in defense. A warrant for his deportation because of his membership was issued in 1930 but was not served until 1946. The delay was due to inability to locate him because of his use of a number of aliases. After hearings, he was ordered deported on the grounds that after entry he had been a mémber of an organization which advocates overthrow of the…
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