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BLITZ v. DONOVAN

Civ. A. No. 82-706.

538 F.Supp. 1119 (1982)

Dorothy BLITZ, Plaintiff, v. Raymond J. DONOVAN, Defendant.

United States District Court, District of Columbia.

May 14, 1982.

Attorney(s) appearing for the Case

Mark H. Lynch, Susan W. Shaffer, American Civil Liberties Union Foundation, Washington, D.C., Leonard Rubenstein, American Civil Liberties Union of Virginia, Washington, D.C., Michael Krinsky, Nat. Emergency Civil Liberties Committee, New York City, for plaintiff.

J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., Richard K. Willard, Paul Blankenstein, Sheila Lieber, Stanley Alderson, Attys., Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge:

This proceeding summons the application of a well-settled principle of constitutional law: when government decides to provide a benefit or an opportunity, it cannot condition the grant on the surrender of unrelated freedoms. In Perry v. Sindermann,1 Justice Stewart, who authored the view of the Supreme Court, stated the principle forcefully:

[The government...

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