Noto v. United States/Concurrence Douglas

Mr. Justice DOUGLAS, concurring.

The utterances, attitudes, and associations in this case, like those in Scales v. United States, 367 U.S. 203, 81 S.Ct. 1469, 6 L.Ed.2d 782 are in my view wholly protected by the First Amendment and not subject to inquiry, examination, or prosecution by the Federal Government.

For that reason, as well as for the one mentioned by Mr. Justice BRENNAN, I would remand the case to the District Court with directions to dismiss the indictment.