Wilkinson v. United States
Encyclopedia
Wilkinson v. United States was a court case during the McCarthy Era in which the petitioner, Frank Wilkinson
, an administrator with the Los Angeles Public Housing Authority, challenged his conviction under 2 U.S.C. § 192, which makes it a misdemeanor
to refuse to answer any question pertinent to the question under inquiry for any person summoned as a witness by Congress. The petitioner's conviction was sustained in a 5-4 ruling, upholding a prior ruling in Barenblatt v. United States
.
The petitioner was indeed summoned to testify, which he did not pertain to, before a Subcommittee of the House of Representatives
Un-American Activities Committee
, which was investigating alleged Communist infiltration into basic industries and Communist Party
propaganda
activities. The petitioner refused to answer a question as to whether he was a member of the Communist Party, contending that the Subcommittee lacked legal authority to interrogate him and that its questioning violated his First Amendment
rights. He was convicted of a misdemeanor violation of 2 U.S.C. § 192. The Court also, on February 27, 1961, denied Braden v. United States
, a companion case appealing a similar 2 U.S.C. § 192 conviction.
The underlying activities of the FBI and government agencies later resulted in a case, Wilkinson v. FBI, 633 F. Supp. 336 (C.D. Cal. 1986), in which it was revealed that the FBI believed the witness that provided the assertion of Wilkinson's association with the Communist Party was "unreliable and emotionally unstable."
Frank Wilkinson
Frank Wilkinson was a civil liberties activist, Executive Director of the National Committee Against Repressive Legislation and Executive Director of the First Amendment Foundation....
, an administrator with the Los Angeles Public Housing Authority, challenged his conviction under 2 U.S.C. § 192, which makes it a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
to refuse to answer any question pertinent to the question under inquiry for any person summoned as a witness by Congress. The petitioner's conviction was sustained in a 5-4 ruling, upholding a prior ruling in Barenblatt v. United States
Barenblatt v. United States
Barenblatt v. United States, 360 U.S. 109 , was a case in which the Supreme Court of the United States ruled that the actions of the House Un-American Activities Committee did not violate the First Amendment and, thus, the Court upheld Barenblatt's conviction for contempt of Congress...
.
The petitioner was indeed summoned to testify, which he did not pertain to, before a Subcommittee of the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Un-American Activities Committee
House Un-American Activities Committee
The House Committee on Un-American Activities or House Un-American Activities Committee was an investigative committee of the United States House of Representatives. In 1969, the House changed the committee's name to "House Committee on Internal Security"...
, which was investigating alleged Communist infiltration into basic industries and Communist Party
Communist Party USA
The Communist Party USA is a Marxist political party in the United States, established in 1919. It has a long, complex history that is closely related to the histories of similar communist parties worldwide and the U.S. labor movement....
propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....
activities. The petitioner refused to answer a question as to whether he was a member of the Communist Party, contending that the Subcommittee lacked legal authority to interrogate him and that its questioning violated his First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
rights. He was convicted of a misdemeanor violation of 2 U.S.C. § 192. The Court also, on February 27, 1961, denied Braden v. United States
Braden v. United States
Braden v. United States, 365 U.S. 431 , was a case in which the Supreme Court of the United States held that the conviction of the petitioner, Carl Braden, based on his refusal to answer questions posed to him by the House Un-American Activities Committee, did not violate his First Amendment rights...
, a companion case appealing a similar 2 U.S.C. § 192 conviction.
The underlying activities of the FBI and government agencies later resulted in a case, Wilkinson v. FBI, 633 F. Supp. 336 (C.D. Cal. 1986), in which it was revealed that the FBI believed the witness that provided the assertion of Wilkinson's association with the Communist Party was "unreliable and emotionally unstable."