The decision did not rule the membership clause unconstitutional.[1] In their concurring opinions, Justices Black and Douglas argued that the membership clause of the Smith Act was unconstitutional on its face as a violation of the First Amendment, with Douglas writing that "the utterances, attitudes, and associations in this case ... are, in my view, wholly protected by the First Amendment, and not subject to inquiry, examination, or prosecution by the Federal Government."[2][155]