McPhaul v. United States
364 U.S. 372 · Decided November 14, 1960 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
McPhaul v. United States was decided on November 14, 1960 by a vote of 5–4. The Court affirmed the lower court's decision. Justice Charles E. Whittaker wrote the opinion of the Court. SCDB classifies its main issue as “Legislative investigations on internal security” in the First Amendment area.
Read the opinion
Case details
- Citations
- 364 U.S. 372 · 81 S. Ct. 138 · 5 L. Ed. 2d 136 · 1960 U.S. LEXIS 191
- Docket number
- 33
- Decided
- November 14, 1960
- Argued
- October 13, 1960
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 5–4
- Majority opinion
- Charles E. Whittaker
- Opinion assigned by
- Felix Frankfurter
- How the case arrived
- Certiorari
- Issue (SCDB)
- Legislative investigations on internal security
- Issue area
- First Amendment
- Legal provision
- Fifth Amendment (self-incrimination)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Dissent | |
| Justice Felix Frankfurter | Majority | |
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice Tom C. Clark | Majority | |
| Chief Justice Earl Warren | Dissent | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Dissent | |
| Justice Charles E. Whittaker | Majority | Wrote an opinion |
| Justice Potter Stewart | Majority |
Full case caption
McPhaul v. United States
SCDB identifiers: case 1960-008, docket 1960-008-01.
Related decisions
Other cases on “Legislative investigations on internal security”
- Uphaus v. Wyman
- Wilkinson v. United States
- Braden v. United States
- Slagle v. Ohio
- Deutch v. United States
- Raley v. Ohio
Cases on the same legal provision: Fifth Amendment (self-incrimination)
- Stewart v. United States
- Mills v. Louisiana
- Shotwell Manufacturing Co. v. United States
- Knapp v. Schweitzer
- Namet v. United States
- Brown v. United States
Same Term, same area (First Amendment)
- Uphaus v. Wyman
- Shelton v. TuckerLaw held unconstitutional
- Travis v. United States
- Times Film Corp. v. City of Chicago
- Wilkinson v. United States
- Braden v. United States
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error