Matter of Barone v. Waterfront Commission, 22 N.Y.2d 47 (1968)

Deliberately providing false statements to a government agency justifies administrative discipline, even if the misrepresentation is immaterial or the individual could have initially withheld the information.

Summary

Barone, a longshoreman, was questioned by the Waterfront Commission regarding alleged subversive activities during his youth. He denied any involvement. The Commission, believing he committed “fraud, deceit and misrepresentation,” revoked his registration. The New York Court of Appeals held that while Barone might have been privileged to refuse to answer questions about past activities, he chose to answer and therefore could be disciplined for lying. The court clarified that discipline was for the deception itself, not the past activities, and modified the penalty from permanent revocation to a suspension, deeming the former too harsh given the circumstances.

Facts

Barone worked as a longshoreman since 1952. In 1960, he applied for registration as a checker with the Waterfront Commission. During interviews related to his application, he was questioned about his involvement with the Young Progressives of America (YPA) and the American Youth for Democracy (AYD) during the late 1940s, when he was a teenager. He denied or claimed he could not recall any affiliation. The Waterfront Commission presented evidence that Barone had been an active member of AYD, attending meetings and participating in its activities.

Procedural History

The Waterfront Commission revoked Barone’s registration as a longshoreman and denied his application to be a checker, finding him guilty of “fraud, deceit, and misrepresentation.” Barone initiated an Article 78 proceeding in the Supreme Court to annul the Commission’s order and restore his registration. The Appellate Division confirmed the Commission’s determination. Barone appealed to the New York Court of Appeals.

Issue(s)

1. Whether the Waterfront Commission was justified in revoking Barone’s registration as a longshoreman based on his false statements during the interviews.
2. Whether permanent revocation of Barone’s registration was an excessive penalty.

Holding

1. Yes, because Barone chose to answer the questions posed by the Commission and, in doing so, lied under oath.
2. Yes, because the Court deemed permanent revocation too harsh, considering the circumstances of Barone’s deception and his prior work history.

Court’s Reasoning

The Court of Appeals reasoned that while Barone might have had the right to remain silent based on the privilege against self-incrimination or the lack of pertinency of the questions to the topic under inquiry, he chose to answer and, in doing so, lied. Citing Communications Comm. v. WOKO, the court emphasized, “The fact of concealment may be more significant than the facts concealed. The willingness to deceive a regulatory body may be disclosed by immaterial and useless deceptions as well as by material and persuasive ones.” The court determined that Barone’s registration was revoked for his “willingness to deceive” the Commission.

Regarding the severity of the penalty, the court acknowledged Barone’s wrongdoing but noted that his deception likely stemmed from ignorance and misplaced fears. The court also considered his ten years of prior service as a longshoreman without any indication of unlawful activities. Therefore, the court found the permanent revocation too severe and modified the penalty to a suspension, which, given the time elapsed since the initial revocation, was deemed to have already been served.

The court also addressed the constitutionality of the statute authorizing the Commission to discipline longshoremen for subversive activities, acknowledging recent Supreme Court decisions invalidating similar state statutes for “impermissible overbreadth.” However, the court construed the statute narrowly, requiring that advocacy of overthrowing the government be intended to incite action and present a “clear and present danger.” Membership in a group advocating such overthrow must be “active” with a specific intent to further the unlawful goals.