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Degregory v. Attorney GEN. Of New Hampshire, 393 U.S. 825 (1966)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Degregory v. Attorney GEN. Of New Hampshire, 393 U.S. 825 (1966)
DeGregory v. Attorney General of New Hampshire No. 396 Argued February 24, 1966 Decided April 4, 1966 393 U.S. 825
APPEAL FROM THE SUPREME COURT OF NEW HAMPSHIRE
Syllabus
Appellee made an investigation under a statute authorizing him as Attorney General of New Hampshire to investigate whenever he had information he deemed reasonable relating to "violations" covering a wide range of "subversive" activities designed to overthrow the constitutional form of the State’s government. Appellant, answering questions relating to the period since 1957, stated that he did not serve in a subversive role, and lacked knowledge of current subversion. He refused, without asserting the privilege against self-incrimination, to answer questions about earlier periods which respondent asked in reliance on a 1955 report connecting appellant with the Communist Party only up to 10 years before the investigation. The trial court found appellant guilty of contempt, and the State Supreme Court affirmed.
Held: On the record here, the State’s interest in protecting itself against subversion is too remote to override appellant’s First Amendment right to political and associational privacy. Pp. 828-830.
(a) No attack is made on the truthfulness of appellant’s testimony that he had not been involved with the Communist Party since 1957 and had no knowledge of Communist activities during that period. P. 829.
(b) The staleness of the basis for the investigation and the subject matter, which was of historical, rather than current, interest, made indefensible compelled disclosure of appellant’s political and associational past. P. 829.
(c) The First Amendment protects that privacy, and it may not be breached where there is no showing of a compelling state interest. P. 829.
(d) There is no evidence here of any Communist movement in New Hampshire or showing of danger of sedition to the State, and thus no "nexus" between appellant and subversive activities in the State. Uphaus v. Wyman, 360 U.S. 72, distinguished. Pp. 829-830.
106 N.H. 262, 209 A.2d 712, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Degregory v. Attorney GEN. Of New Hampshire, 393 U.S. 825 (1966) in 393 U.S. 825 383 U.S. 826. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=1BJYYSK97615H6N.
MLA: U.S. Supreme Court. "Syllabus." Degregory v. Attorney GEN. Of New Hampshire, 393 U.S. 825 (1966), in 393 U.S. 825, page 383 U.S. 826. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1BJYYSK97615H6N.
Harvard: U.S. Supreme Court, 'Syllabus' in Degregory v. Attorney GEN. Of New Hampshire, 393 U.S. 825 (1966). cited in 1966, 393 U.S. 825, pp.383 U.S. 826. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=1BJYYSK97615H6N.
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