Albertson v. Attorney General, 345 Mich. 519

Summary

The Michigan Supreme Court considered a challenge to sections of Michigan's Communist Control Law, also known as the Trucks Act, concerning communist classifications, registration, organizational reporting, and ballot eligibility. Relying on Pennsylvania v. Nelson, the court held that federal antisubversive legislation occupied the field and superseded the challenged state provisions. The court directed entry of a declaratory decree invalidating sections 2, 3, 4, 5, and 7 and enjoining their enforcement.

Holdings

1. Congress occupied the field of sedition and related antisubversive regulation to the extent covered by sections 2, 3, 4, 5, and 7 of Michigan's Trucks act, so those state provisions were superseded and unenforceable.
2. The challenged sections of the Trucks act were to be declared unconstitutional and invalid, and defendants were to be enjoined from enforcing them.

Questions Presented

1. Whether federal antisubversive legislation occupied the field so as to supersede Michigan's Trucks act provisions concerning communists, communist-front organizations, registration, and ballot eligibility.
2. Whether the challenged sections of the Trucks act should be declared unconstitutional and their enforcement enjoined.

Disposition

other