United States v. Congress of Industrial Organizations
Encyclopedia
United States v. Congress of Industrial Organizations, 335 U.S. 106
(1948), is a decision by the United States Supreme Court which held that a labor union's
publication of a statement advocating that its members vote for a certain candidate for Congress
did not violate the Federal Corrupt Practices Act
as amended by the Labor Management Relations Act
on 1947.
, president of the Congress of Industrial Organizations
(CIO), had established a permanent political action committee
(PAC) known as CIO-PAC in 1942. But the CIO's political efforts were only marginally effective, and in 1946 the Republicans
won a majority in both houses of Congress.
In 1947, Congress passed the Labor Management Relations Act of 1947, better known as the Taft-Hartley Act. Section 304 of the Taft-Hartley Act amended Section 313 of the Federal Corrupt Practices Act
by making it unlawful for any labor organization to make a contribution or expenditure in connection with any election in which presidential and vice presidential electors
or a member of Congress are to be voted for, or in connection with any primary election
, political convention
or caucus
to select candidates for these offices.
President Harry S Truman vetoed the Act, but Congress overrode the veto on June 23, 1947.
On July 14, 1947, the CIO published its regular edition of "The CIO News," the labor federation's magazine. On the front page was a statement by Murray urging members of the CIO in Maryland
to vote for Judge Ed Garmatz, a candidate for Congress in a special election to be held July 15, 1947. Murray's statement also said that this message was being published because Murray and the CIO believed that amended Section 313 unconstitutionally infringed on the rights of free speech, press and assembly guaranteed by the First Amendment to the United States Constitution
.
In January 1948, Murray and the CIO were indicted in the United States District Court for the District of Columbia
. The defendants moved to dismiss the charges on constitutional grounds. On March 15, 1948, the district court agreed (77 F. Supp. 355
) and dismissed the indictment. The government appealed to the Supreme Court, which accepted certiorari
.
delivered the opinion for the court. Reed refused to reach the constitutional question before the court, arguing instead that the use of funds to publish the statement did not constitute an "expenditure" under Section 313 as amended.
Reed concluded that the term "expenditure" was not a term of art
and had no defined meaning.
"The purpose of Congress is a dominant factor in determining meaning," Reed wrote. "There is no better key to a difficult problem of statutory construction than the law from which the challenged statute emerged."
Reed reviewed the enactment of the Federal Corrupt Practices Act in 1910 as well as its 1911 and 1925 amendments, the court's ruling in Newberry v. United States
, and the limitations imposed on unions' political expenditures by the War Labor Disputes Act of 1943.
Quoting extensively from Congressional debates over Section 304 of the Taft-Hartley Act, Reed concluded that Congress clearly did not intend for the act to cover union newspapers supported by advertising or member subscriptions. Reed acknowledged that some members of Congress contemplated a different reading of Section 304. But those contradictory statements could be dismissed as not indicative of the sense of Congress, Reed said, because "the language itself, coupled with the dangers of unconstitutionality, supports the interpretation which we have placed upon it."
issued a concurring opinion, in which Justice Wiley Blount Rutledge
joined. "A case or controversy in the sense of a litigation ripe and right for constitutional adjudication by this Court implies a real contest — an active clash of views, based upon an adequate formulation of issues, so as to bring a challenge to that which Congress has enacted inescapably before the Court," Frankfurter wrote.
Rather, Frankfurter said, neither the constitutional nor interpretative issue was ripe for review. Frankfurter pointed out that during oral argument before the Supreme Court, the federal government claimed that the district court had misread and misinterpreted its claims. The district court, Frankfurter said, had three times argued that the government had admitted that Section 304 abridged rights guaranteed by the First Amendment. But this was not the admission of the government, federal attorneys said. If the court had misinterpreted the government's position, Frankfurter concluded, then the case should be remanded for further proceedings rather than adjudicated. But, since a majority has seen fit to grant certiorari, Frankfurter reluctantly agreed to concur in the majority opinion.
, Douglas
and Murphy
joined. Rutledge argued that a close reading of the legislative history finds "a veritable fog of contradictions relating to specific possible applications" of Section 304. With no clear legislative guidance, Rutledge argued for a plain reading of the term "expenditure." And a dictionary definition of the term shows that it does not matter whether a union publication is supported by general union dues or by advertising and/or subscription; an expenditure is an expenditure, and the Act prohibits expenditures.
This forces the Court to reach the constitutional question, Rutledge argued, and the Act plainly is unconstitutional on those grounds. The statute was not narrowly drawn, and did not specifically proscribe the conduct to be prohibited. Rather, it imposed a blanket prohibition on labor union participation in the political process, and that was patently unconstitutional: "To say that labor unions as such have nothing of value to contribute to that process and no vital or legitimate interest in it is to ignore the obvious facts of political and economic life and of their increasing interrelationship in modern society." The majority, Rutledge pointed out, also cites Congressional debate which indicates a purpose of the statute was to protect minority interests within labor unions. But even if that reading of the statute's legislative history were correct, the statute would still be unconstitutionally overbroad in reaching that objective.
Rutledge would also have found the statute unconstitutional under the majority's interpretation of the meaning of "expenditure." The Court majority twists itself into knots to distinguish between general union support for a publication and advertising- or subscription-supported support. But that, too, runs afoul of the Constitution, Rutledge concluded. "...I know of nothing in the Amendment's policy or history which turns or permits turning the applicability of its protections upon the difference between regular and merely casual or occasional distributions. ... Neither freedom of speech and the press nor the right of peaceable assembly is restricted to persons who can and do pay."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1948), is a decision by the United States Supreme Court which held that a labor union's
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
publication of a statement advocating that its members vote for a certain candidate for Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
did not violate the Federal Corrupt Practices Act
Federal Corrupt Practices Act
The Federal Corrupt Practices Act was a federal law of the United States enacted in 1910 and amended in 1911 and 1925. It remained the nation's primary law regulating campaign finance in federal elections until the passage of the Federal Election Campaign Act in 1971. Created by President William H...
as amended by the Labor Management Relations Act
Taft-Hartley Act
The Labor–Management Relations Act is a United States federal law that monitors the activities and power of labor unions. The act, still effective, was sponsored by Senator Robert Taft and Representative Fred A. Hartley, Jr. and became law by overriding U.S. President Harry S...
on 1947.
Background
Philip MurrayPhilip Murray
Philip Murray was a Scottish born steelworker and an American labor leader. He was the first president of the Steel Workers Organizing Committee , the first president of the United Steelworkers of America , and the longest-serving president of the Congress of Industrial Organizations .-Early...
, president of the Congress of Industrial Organizations
Congress of Industrial Organizations
The Congress of Industrial Organizations, or CIO, proposed by John L. Lewis in 1932, was a federation of unions that organized workers in industrial unions in the United States and Canada from 1935 to 1955. The Taft-Hartley Act of 1947 required union leaders to swear that they were not...
(CIO), had established a permanent political action committee
Political action committee
In the United States, a political action committee, or PAC, is the name commonly given to a private group, regardless of size, organized to elect political candidates or to advance the outcome of a political issue or legislation. Legally, what constitutes a "PAC" for purposes of regulation is a...
(PAC) known as CIO-PAC in 1942. But the CIO's political efforts were only marginally effective, and in 1946 the Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
won a majority in both houses of Congress.
In 1947, Congress passed the Labor Management Relations Act of 1947, better known as the Taft-Hartley Act. Section 304 of the Taft-Hartley Act amended Section 313 of the Federal Corrupt Practices Act
Federal Corrupt Practices Act
The Federal Corrupt Practices Act was a federal law of the United States enacted in 1910 and amended in 1911 and 1925. It remained the nation's primary law regulating campaign finance in federal elections until the passage of the Federal Election Campaign Act in 1971. Created by President William H...
by making it unlawful for any labor organization to make a contribution or expenditure in connection with any election in which presidential and vice presidential electors
United States Electoral College
The Electoral College consists of the electors appointed by each state who formally elect the President and Vice President of the United States. Since 1964, there have been 538 electors in each presidential election...
or a member of Congress are to be voted for, or in connection with any primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
, political convention
Political convention
In politics, a political convention is a meeting of a political party, typically to select party candidates.In the United States, a political convention usually refers to a presidential nominating convention, but it can also refer to state, county, or congressional district nominating conventions...
or caucus
Caucus
A caucus is a meeting of supporters or members of a political party or movement, especially in the United States and Canada. As the use of the term has been expanded the exact definition has come to vary among political cultures.-Origin of the term:...
to select candidates for these offices.
President Harry S Truman vetoed the Act, but Congress overrode the veto on June 23, 1947.
On July 14, 1947, the CIO published its regular edition of "The CIO News," the labor federation's magazine. On the front page was a statement by Murray urging members of the CIO in Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
to vote for Judge Ed Garmatz, a candidate for Congress in a special election to be held July 15, 1947. Murray's statement also said that this message was being published because Murray and the CIO believed that amended Section 313 unconstitutionally infringed on the rights of free speech, press and assembly guaranteed by the First Amendment to the United States Constitution
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...
.
In January 1948, Murray and the CIO were indicted in the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
. The defendants moved to dismiss the charges on constitutional grounds. On March 15, 1948, the district court agreed (77 F. Supp. 355
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
) and dismissed the indictment. The government appealed to the Supreme Court, which accepted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
Holding
Justice Stanley Forman ReedStanley Forman Reed
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...
delivered the opinion for the court. Reed refused to reach the constitutional question before the court, arguing instead that the use of funds to publish the statement did not constitute an "expenditure" under Section 313 as amended.
Reed concluded that the term "expenditure" was not a term of art
Technical terminology
Technical terminology is the specialized vocabulary of any field, not just technical fields. The same is true of the synonyms technical terms, terms of art, shop talk and words of art, which do not necessarily refer to technology or art...
and had no defined meaning.
"The purpose of Congress is a dominant factor in determining meaning," Reed wrote. "There is no better key to a difficult problem of statutory construction than the law from which the challenged statute emerged."
Reed reviewed the enactment of the Federal Corrupt Practices Act in 1910 as well as its 1911 and 1925 amendments, the court's ruling in Newberry v. United States
Newberry v. United States
Newberry v. United States, 256 U.S. 232 is a decision by the United States Supreme Court which held that the United States Constitution did not grant the United States Congress the authority to regulate political party primaries or nomination processes...
, and the limitations imposed on unions' political expenditures by the War Labor Disputes Act of 1943.
Quoting extensively from Congressional debates over Section 304 of the Taft-Hartley Act, Reed concluded that Congress clearly did not intend for the act to cover union newspapers supported by advertising or member subscriptions. Reed acknowledged that some members of Congress contemplated a different reading of Section 304. But those contradictory statements could be dismissed as not indicative of the sense of Congress, Reed said, because "the language itself, coupled with the dangers of unconstitutionality, supports the interpretation which we have placed upon it."
- It would require explicit words in an act to convince us that Congress intended to bar a trade journal, a house organ or a newspaper, published by a corporation, from expressing views on candidates or political proposals in the regular course of its publication. It is unduly stretching language to say that the members or stockholders are unwilling participants in such normal organizational activities, including the advocacy thereby of governmental policies affecting their interests, and the support thereby of candidates thought to be favorable to their interests.
Frankfurter concurrence
Justice Felix FrankfurterFelix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
issued a concurring opinion, in which Justice Wiley Blount Rutledge
Wiley Blount Rutledge
Wiley Blount Rutledge, Jr. was an American educator, lawyer, and justice of the Supreme Court of the United States.-Early life:...
joined. "A case or controversy in the sense of a litigation ripe and right for constitutional adjudication by this Court implies a real contest — an active clash of views, based upon an adequate formulation of issues, so as to bring a challenge to that which Congress has enacted inescapably before the Court," Frankfurter wrote.
Rather, Frankfurter said, neither the constitutional nor interpretative issue was ripe for review. Frankfurter pointed out that during oral argument before the Supreme Court, the federal government claimed that the district court had misread and misinterpreted its claims. The district court, Frankfurter said, had three times argued that the government had admitted that Section 304 abridged rights guaranteed by the First Amendment. But this was not the admission of the government, federal attorneys said. If the court had misinterpreted the government's position, Frankfurter concluded, then the case should be remanded for further proceedings rather than adjudicated. But, since a majority has seen fit to grant certiorari, Frankfurter reluctantly agreed to concur in the majority opinion.
Rutledge concurrence
Justice Rutledge also issued a concurring opinion, in which Justices BlackHugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
and Murphy
Frank Murphy
William Francis Murphy was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District , Recorder's Court Judge, Detroit . Mayor of Detroit , the last Governor-General of the Philippines , U.S...
joined. Rutledge argued that a close reading of the legislative history finds "a veritable fog of contradictions relating to specific possible applications" of Section 304. With no clear legislative guidance, Rutledge argued for a plain reading of the term "expenditure." And a dictionary definition of the term shows that it does not matter whether a union publication is supported by general union dues or by advertising and/or subscription; an expenditure is an expenditure, and the Act prohibits expenditures.
This forces the Court to reach the constitutional question, Rutledge argued, and the Act plainly is unconstitutional on those grounds. The statute was not narrowly drawn, and did not specifically proscribe the conduct to be prohibited. Rather, it imposed a blanket prohibition on labor union participation in the political process, and that was patently unconstitutional: "To say that labor unions as such have nothing of value to contribute to that process and no vital or legitimate interest in it is to ignore the obvious facts of political and economic life and of their increasing interrelationship in modern society." The majority, Rutledge pointed out, also cites Congressional debate which indicates a purpose of the statute was to protect minority interests within labor unions. But even if that reading of the statute's legislative history were correct, the statute would still be unconstitutionally overbroad in reaching that objective.
Rutledge would also have found the statute unconstitutional under the majority's interpretation of the meaning of "expenditure." The Court majority twists itself into knots to distinguish between general union support for a publication and advertising- or subscription-supported support. But that, too, runs afoul of the Constitution, Rutledge concluded. "...I know of nothing in the Amendment's policy or history which turns or permits turning the applicability of its protections upon the difference between regular and merely casual or occasional distributions. ... Neither freedom of speech and the press nor the right of peaceable assembly is restricted to persons who can and do pay."