Nowak v. United States, 356 U.S. 660 (1958)

MR. JUSTICE BURTON, MR. JUSTICE CLARK, and MR. JUSTICE WHITTAKER, dissenting.*

We join the Court in concluding that the "good cause" affidavits were sufficient. However, under the circumstances of these cases, we believe that each petitioner fully understood the thrust of Question 28 to association with or membership in any organization which teaches or advocates the overthrow of the Government. Further, we believe that the facts amply support the conclusion of both the trial court and the Court of Appeals that neither petitioner "behaved as a person . . . attached to the principles of the Constitution of the United States. . . ." We cannot join in overturning these findings of two courts, and therefore would affirm the judgments.

* [NOTE: This opinion applies also to No. 76, Maisenberg v. United States, post, p. 670.]