In Albertson et al. v. Subversive Activities Control Board, the U.S. Supreme Court ruled that members of the Communist Party could not be forced to register with the government and disclose their membership due to Fifth Amendment protections against self-incrimination. The case was brought by individuals who were ordered by the Subversive Activities Control Board (SACB) to register as members of a communist organization under provisions in the Internal Security Act of 1950, also known as McCarran Act. They argued that this violated their right against self-incrimination since being identified as a member could potentially lead to criminal charges under other laws banning advocacy for overthrowing the government or belonging to such an organization. In its decision, delivered by Justice John Marshall Harlan II, SCOTUS agreed with them and held that forcing individuals to reveal their association would indeed infringe upon these constitutional rights.

In the dissenting opinion for Albertson et al. v. Subversive Activities Control Board, Justice White argued that the majority's decision to protect individuals from self-incrimination under the Fifth Amendment was misguided and overly broad in its interpretation of constitutional protections. He contended that membership in an organization does not necessarily imply participation or endorsement of all its activities, including those deemed illegal by federal law. Therefore, he believed requiring members of such organizations to register with the government did not inherently incriminate them or violate their rights against self-incrimination as protected by the Fifth Amendment. Furthermore, he expressed concern over potential implications on national security and public safety due to this ruling which could potentially shield subversive groups from necessary scrutiny and regulation.