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aft aan ee ape ca nid i ” As indicated earlier, however, the .itulc o¥ the klan's activities pears directly on the existence oF @ pe-tsn and practice of un- ~SN ‘lawful conduct and also on the sort ¢< decree that should be iasvad. The Government subpoenaed menbership lists and records of the klan. The defendants failed to produce these records and at the hearing explained that all of the recorcés of the klan had been destroyed as a matter of klan policy afcer suit was filed. The Court ordered Christmas, Farmer, and John Magee, the treasurer, to compile ron defendants objected to the admissibility of the lists for the reasons that: (1) there were no lists and records in the custody of the @efencants; (2) the requirement was an invasion of the rights of privacy and association. — The defendants did not rely on the Fifth Amendment privilege against self~-incrimination; they ‘relied on NAACP v. Alabama, 1958, 357 U.S. v. £49, 78.5. Ct. 1163 2 L. Ed 2d 1488. The Court overruled the otletcicns, NAACP vy, am. We Se soos Heo ont Gerendaonts' pasition. In thet case Justice Harlan, speaxinc for & unanimous Court, held ‘shat the rights of the members of the NAACP to pursue their lawful . ie Anmterests privately and to associate freely with others were pro-~-— ssoctad by tha 14th Amendment. Accordingly, the NAACP was relieved of ‘he nu-cessicy of turning over its mezbersiip list to the State of labuia. In reaching that decision tne Court distinguished New York ax rel. Bryait v. Zimmerman, 1928, 278 0.5. 63, 49 S. ct. 61, SL.id. 184. Klan. A SOR wlagveco Be 2 Lt lA the Ku Kl New York stacute required any unincorporated association which mo, io: deman:.ed an 2ath as a condition to membership to file with state officials cosies of its "constituticn, by-laws . ' . a roster of its In Zimnexzman : nembership aid a list of officers". / the Court found that the statutory Classification was reasonable, because of the “manifest tendency on the part of one class to make the sccvccy surrounding its purposes -6- ape an.