Participant Info
- Case
- Konigsberg v. State Bar of California
- Citation
- 366 US 36
- Type
- Dissenting
- Year
- 1961
- Description
With a different membership, the Court effectively reverses its earlier decision in the first Konigsberg case and holds in a second Konigsberg v. State Bar of California case that there are legitimate State interests that outweigh Konigsberg right to refuse to answer questions about whether he is or has been a Communist. In dissent, Black asserts that “the idea of ‘balancing’ away First Amendment freedoms appears to me to be wholly inconsistent with the view … that the best test of truth is the power of the thought to get itself accepted in the competition of the market.”
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