in which he has carried on such material activities.
'In considering the answers made by this defendant to the several questions of the application here involved you should consider the facts and circumstances surrounding the defendant's alleged membership or connection with organizations, the alleged use of names not revealed by his answer and the alleged failure to state places of residence in order to determine whether or not, considering all of the facts and circumstances in the light of all of the evidence such answers have been false or substantially true, bearing in mind the instructions which the Court has given you with respect to the materiality of any alleged false statement.
'In considering what organizations, groups, societies, clubs or associations should be listed in response to Question 23, you may consider the character of such organization, group, society, club, or association, the length of time during which a person belonged to or was affiliated with, or how recent was the membership in or affiliation with such organization, group, society, club, or association.
'In considering what names the applicant should list in answer to Question 18 the jury should consider the character of the use, the circumstances under which the name was used, the extent and purpose, and how long ago.
'Finally, you should consider in determining what information was required to be furnished in answer to any of these questions the purpose of such questions, what bearing the answers to such questions might reasonably be expected to have on the decision of the State Department to grant or deny permission to depart.'
IX. The defendant insists that he cannot be constitutionally convicted for his failure to disclose his political affiliations. Whatever may be the constitutional questions concerning the right to require a person to reveal his membership in or affiliation with the Communist Party in other circumstances and situations, I do not consider that requirement with respect to this defendant, in the situation here involved, to be in violation of the First Amendment of the Constitution. Here there is no interference with the right of the defendant to be a member of or affiliated with such party. It is simply a matter of identification of the defendant which would reasonably enable a more complete investigation to be made by the authority acting upon the application. Indeed, if the evidence in the case is to be believed, much of his activities, both in the United States and abroad, was so directly related to his membership in and affiliation with the Communist Party that it would be a wholly inadequate identification of him without mention of such party. One is not ordinarily required to reveal either his political or religious views or beliefs, but it is not difficult to suppose that there are many situations in which a person, to adequately identify himself, would be required to reveal that he is engaged in some political or even religious activity. I cannot agree that such requirement, if without any coercive purpose or effect upon his beliefs, would be in violation of the First Amendment.
While it is evident that there are some substantial questions of law here involved, for the reasons stated, the motions will be denied, and the case is referred for presentence investigation of the defendant.
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