Harisiades v. Shaughnessy

Facts

P accompanied his father 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 still believes in them. He disclaims personal belief in the use of force and violence and asserts that the party favored their use only in defense. A warrant for his deportation was issued in 1930 but was not served until 1946. The delay was due to the inability to locate him because of his use of a number of aliases. P was ordered deported on the grounds that after entry he had been a member of an organization that advocates the overthrow of the Government by force and violence and distributed printed matter so advocating. P filed a habeas corpus action. It was denied and that denial was affirmed by the Court of Appeals. 

Mascitti (P), a citizen of Italy, came to this country in 1920, at the age of sixteen. He married a resident alien and has one American-born child. He was a member of the Young Workers Party, the Workers Party, and the Communist Party between 1923 and 1929. He knew the party advocated a proletarian dictatorship, to be established by force and violence if the capitalist class resisted. He heard some speakers advocate violence, in which he says he did not personally believe, and he was not clear as to the party policy. He resigned in 1929, apparently because he lost sympathy with or interest in the party. A warrant for his deportation was issued and was served in 1946. He was ordered deported on the same grounds as P. His case comes to this Court by direct appeal.

Mrs. Coleman (P), a native of Russia, was admitted to the United States in 1914 when thirteen years of age. She married an American citizen and has three children, citizens by birth. She admits being a member of the Communist Party for about a year, beginning in 1919, and again from 1928 to 1930, and again from 1936 to 1937 or 1938. She held no office and her activities were not significant. She disavowed much knowledge of party principles and programs, claiming she joined each time because of some injustice the party was then fighting. The reasons she gives for leaving the party are her health and the party's discontinuance of alien memberships. She was ordered deported. She sought an injunction on constitutional grounds. Relief was denied, without opinion, by a three-judge District Court for the District of Columbia and her case also comes here by direct appeal.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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