Schneider v. Smith

390 U.S. 17, 88 S. Ct. 682, 19 L. Ed. 2d 799, 1968 U.S. LEXIS 2713
CourtSupreme Court of the United States
DecidedJanuary 16, 1968
Docket196
StatusPublished
Cited by88 cases

This text of 390 U.S. 17 (Schneider v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schneider v. Smith, 390 U.S. 17, 88 S. Ct. 682, 19 L. Ed. 2d 799, 1968 U.S. LEXIS 2713 (1968).

Opinions

Mr. Justice Douglas

delivered the opinion of the Court.

Appellant, who has served on board American-flag commercial vessels in various capacities, is now qualified to act as a second assistant engineer on steam vessels. But between 1949 and 1964 he was employed in trades other than that of a merchant seaman. In October 1964 he applied to the Commandant of the Coast Guard for a validation of the permit or license which evidences his ability to act as a second assistant engineer.

Under the Magnuson Act, 64 Stat. 427, 50 U. S. C. § 191 (b), the President is authorized, if he finds that “the security of the United States is endangered by . . . subversive activity,” to issue rules and regulations “to safeguard against destruction, loss, or injury from sabotage or other subversive acts” all “vessels” in the territories or waters subject to the jurisdiction of the United States.1

[19]*19President Truman promulgated Regulations, 33 CFR, pt. 6, which give the Commandant of the Coast Guard authority to grant or withhold validation of any permit or license evidencing the right of a seaman to serve on a merchant vessel of the United States. § 6.10-3. He is directed not to issue such validation unless he. is satisfied that “the character and habits of life of such person are such as to authorize the belief that the presence of the individual on board would not be inimical to the security of the United States.” § 6.10-1.

The questionnaire, which appellant in his application was required to submit, contained the following inquiry which he answered:

“Item 4. Do you now advocate, or have you ever advocated, the overthrow or alteration of the Government of the United States by force' or violence or by unconstitutional means?
“Answer: No.”

The questionnaire contained the following inquiries which related to his membership and participation in organizations which were on the special list of the Attorney General as authorized by Executive Order 10450, 18 Fed. Reg. 2489:

“Item 5. Have you ever submitted material for publication to any of the organizations listed in Item 6 below?
[20]*20“Answer. No.
“Item 6. Are you now, or have you ever been, a member of, or affiliated or associated with in any way, any of the organizations set forth below? [There followed a list of more than 250 organizations.]
“Answer. Yes.
“If your answer is 'yes/ give full details in Item 7.
“Item 7. (Use this space to explain Items 1 through 6. . . . Attach a separate sheet if there is not enough space here.)
“Answer. I have been a member of many political & social organizations, including several named on this list.
“I cannot remember the names of most of them & could not be specific about any.
“To the best of my knowledge, I have not been a member or participated in the activities of any of these organizations for ten years.”

Upon receiving the questionnaire returned by the appellant, the Commandant advised him that the information was not sufficient and that answers to further interrogatories were necessary.2

[21]*21In reply, appellant, speaking through his counsel, admitted to the Commandant that he had been a member of the Communist Party as well as other organizations on the Attorney General’s list and that he had subscribed to People’s World. He said that he had joined the Party because of his personal philosophy and idealistic goals, but later quit it and the other organizations due to fundamental disagreement with Communist methods and techniques. But beyond that he said he would not answer because “it would be obnoxious to a truly free citizen to answer the kinds of questions under compulsion that you require.” The Commandant declined to process the application further, relying upon 33 CFR § 121.05 (d)(2), which authorizes him to hold the application in abeyance if an applicant fails or refuses to furnish the additional information.

Appellant thereupon brought this action for declaratory relief that the provisions of the Magnuson Act in question and the Commandant’s actions thereunder were unconstitutional, praying that the Commandant be directed to approve his application and that he be enjoined [22]*22from interfering with appellant’s employment upon vessels flying the American flag.

A three-judge court was convened and the complaint was dismissed. 263 F. Supp. 496. The case is here on appeal, 28 U. S. C. § 1263. We postponed the question of jurisdiction to the merits. 389 U. S. 810.

We agree, as does appellee, that the case was one to be heard by a three-judge court and that accordingly we have jurisdiction of this appeal. For appellant did raise the question as to whether the statute was unconstitutional because of vagueness and abridgment of First Amendment rights and also questioned whether the power to install a screening program was validly delegated. A three-judge court was accordingly proper. Baggett v. Bullitt, 377 U. S. 360; Zemel v. Rusk, 381 U. S. 1.

The Magnuson Act gives the President no express authority to set up a screening program for personnel on merchant vessels of the United States. As respects “any foreign-flag vessels” the power to control those who “go or remain on board” is clear. 50 U. S. C. § 191 (a). As respects personnel of our own merchant ships, the power exists under the Act only if it is found in the power to “safeguard” vessels and waterfront facilities against “sabotage or other subversive acts,” that is, under § 191 (b). The Solicitor General argues that the power to exclude persons from vessels “clearly implies auhority to establish a screening procedure for determining who shall be allowed on board.” But that power to exclude is contained in § 191 (a) which, as noted, applies to “foreign-flag vessels,” while, as we have said, the issue tendered here must find footing in § 191 (b).3

[23]*23We agree with the District Court that keeping our merchant marine free of saboteurs is within the purview of this Act. Our question is a much narrower one.

The Regulations prescribe the standards by which the Commandant is to judge the “character and habits of life” of the employee to determine whether his “presence ... on board” the vessel would be “inimical to the security of the United States”:

“(a) Advocacy of the overthrow or alteration of the Government of the United States by unconstitutional means.

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Bluebook (online)
390 U.S. 17, 88 S. Ct. 682, 19 L. Ed. 2d 799, 1968 U.S. LEXIS 2713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-smith-scotus-1968.