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ACLU — Part 8
Page 6
6 / 12
Lwekly Bulletin “27290 . -}- Ticune.. 265 1955
that the regubiticns were constitutional, apn: ontly because of the FOL insistence
that its souress of information wo uid dry up it names of the informera becane
known. _ .
>
Asserting this was "a mere eueculation", but assuming dts truth for purreses
: °
lof argaqent, tue Geurt shen answered nc" to vhnetter the existence of a system r
|secret infor:
wag sa vitally inportant thet it must be preserved even though
it denies due prtcess fo intdviduels, Said therCourt:
"it umed that this deterninaticn will remove from the investigativa
ies, ta, a acrtain kind of information end that, in the future,
rers seme of these tales to the inveStizating
erdties. . f a
iving preer any 71ers
nal
handicap we th that
which haS alvays teen . it. ‘hat in
the long run nothing but teneficial results «# come from a lessening of such
taletearing. I+ is 3 matter of puglic record thet the somewhat comparable security
risk pregran Ajrected at government emplcyees has been used to vicvinize parfectly,
innocent mene The enjective cf perpetuating 4 doubtful system of secret inrormers
likely to bear upon tna innecent as well as upon the guilty and carrying so high
a degree of unfairness to the merchant seaman involved canr.ot justify an asbanden=
ment here of the encient standards of aue process."
its fear that if these regulations couldte sustained, a
te set up with the same denial of Gue process affecting even
itizens, sucn as railroad workers, eperators o7 transportation
Ad
The Court expres
security procsre i
a larger er
facilities -itting the possibility that our system of constitutional rights
r, against malevelen’s totalitarians, the Court stated:
{rie tha re reached an age when our systen of constitue
: individu s cannst hold its ow against those wh, under
totalitarian ditsirpline ure i 40 infiltrate not only our public service,
but our civilian exployments as well.
“in the event of siar we may have to anticipate Glack Tom expi.7. ions on every
waterfront, pzison in our water systems, and sand in all important industrial
machines.
ceme when we have to abar.don a system of literty for one
rnnnaistS. Such a system «as not that ordained by the
on. Ib is tha latcer we are sworn to uphold."
Maut the time
modeled on tha 2
framers of cur 0%
he important decision, ACLU executive director. Patrick liurphy
ro)
ee och
+
rs
ua
fa)
os
cr
tpTris decisicn nw eonfirma what the Aci told the Coast Guard
| that ic do toh confora bo due process, 1% represents
{
i
1
.
| Soraard Gus preeess tO shove involved in
seeadin. do2s nou tae tie question which ‘he
» Mane Ly zmnernt, employee
deals solely with orivately enpicyed,
: crosa-enaming in ovnar
;
: sohy as the irify progrs
i bla d goverment data.”
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