Naacp v. Alabama

357 U.S. 449 (1958)

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Nature of the Case

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Facts

In 1956, the Attorney General of Alabama (P) brought an equity suit in the State Circuit Court to enjoin D from conducting further activities within, and to oust it from, the State. The local court issued an ex parte order restraining D, pendente lite, from engaging in further activities within the State and forbidding it to take any steps to qualify itself to do business therein. P moved for the production of a large number of the Association's records and papers, including bank statements, leases, deeds, and records containing the names and addresses of all Alabama 'members' and 'agents' of the Association. The court ordered the production of a substantial part of the requested records, including the membership lists, and postponed the hearing on the restraining order to a date later than the time ordered for production. D did not comply with the production order and was adjudged in civil contempt and fined $10,000. The contempt judgment provided that the fine would be subject to reduction or remission if compliance were forthcoming within five days but otherwise would be increased to $100,000. D produced substantially all the data called for by the production order except its membership lists, as to which it contended that Alabama could not constitutionally compel disclosure. A motion to vacate that part of the order was denied. The Circuit Court made a further order adjudging D in continuing contempt and increasing the fine already imposed to $100,000. The State Supreme Court twice dismissed petitions for certiorari.