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0-19 (Rev. 2-13-61) TR seems incredible that, cwith a “cold war” going on ‘and with billions ef dollars “being spent by the Soviet “government to ‘infiltrate “every democratic country in “the world, there should be; d by four members of ‘th e Court of the Unite oe rel Justice Warren, Justices’ Black, . Douglas and Brennan—an } | -gpinfon which appears to brush aside the Communist r - “menace. _, Fortunately, five other Members of the court—Jus- tices Stewart, Clark, Frank- turter, Harlan and Whitta- ™ ;ker—see the ~ *menace jn its realistic form. . BY their latest decision, they, ” "make it clear that the empty F claim te protection of “free E Speech” will not save suspect— ; ed Communists in the United 7 States from investigation by :an authorized congressional ‘* committee, ; . |. The four dissenting justices -insist that witnesses, when ‘ _ibsked by congressional . ‘committee whether they are . Communists, need not even take the Fifth Amendment * but can refuse to answer on the ground that their rights * mm. wf. Of free speech under the First “ ,Amendment are being trans: | : Ws sressed. 5 The argument solemnly . -proclaimed by the four dis- ‘senting justices is that no -fagency of the Federal Gov- Fe. “ernment, be itt legislative, pod + executive or Judicial, may ’ > “barass or punish people tor their beliefs, ar for their .@peeech about,-or public criti- :elam of, laws and public of- ptt This doctrine would make “tt ‘posible for any citizen to | ing committee about rackets, . monopolies, payola, or ‘any * irregularities in human be- «havior 6n which it might be ’ desirable to Lad remedial G2NARY 1961. Communist — decline to tell an investiget- . . oo doe + Five Justices’ Decision Lauded . ln Freedom of Speech Case laws. The witness could ‘ merely ¢laim that the ¢on- gressional’ committee ‘was “harassing” him for his criti- elems of the committee and as trying to punish him for “beliefs.” Congressional tforts to get information on A Blow inst Communists which to base regulatory laws ' could thus be frustrated. In the latest opinign—the ' case of Frank Wilkinson, who refused to give even his place of residence to the House ’ Committee: on Un-American Activities — the majority of the justices repeated a state- ment from a previous deci- sion which said: “To suggest that because the Communist Party may also Sponsor peaceable politi- eal reforms the constitutional issues before us should now be judged as if that party were just an ordinary politi- real party from the stand- point of national security, is to ask this court to blind . itself to world ‘affairs which have determined the’ whole “ eourse of our national policy since the close of World War What the majority of the court says is supposed to be “the law of the land,” but it is being scorned—~in the companion case of Car] Bra- * den—by Justice Black, with Chief Just®@e Warren end Justice Douglas agreeing. In this dissenting epinion these words of defiance are igsued: “The founders of this Na- tion were not then willing to trust the definition of . First Amendment freedoms to Congress or this court, hor am I now.” But to accept the Idea that Gongress cannot Investigate or that the Supreme Court cannot rule on the case of a Man who May be serving or helping a hostile government —an enemy —is to deprive the Nation of any power of erlf-preservation, The pur- Oe hee ae ey oe S ae a ' \ wie - pose of thése congressional irivestigations is to expose the espionage and subversive activities of the whole Com- munist apparatus in the United States. Loyal Ameri- can citizens are expected to co-operate with their own Government in all tts branches. The Communists have stolen atamic secrets. They have at times infil- trated the departments in Washington. The Supreme Court in the past has taken the view that it isn’t a “right of free speech” falsely to cry . “Fire!” in a crowded theater. | ‘Nor does the “free speech” “clause of the Constitution ‘give anyone immunity from ‘en investigation to determine whether he belongs to a party that is financed by, insti- gated by, and often directed by a foreign government which Is seeking to damage the United States and pos- | sibly to bring on a war. Justice Black argues that ‘editors and newsmen who have criticized a congres- sional committee now could be brought before thet same committee and punished for refusing to answer questions. But whenever there is basis for suspecting that a news- Paperman is paid by or work- ing for an enemy government, he shouldn't be able to claim, immunity under the First Amendment, either. The House Committee on -Un-Americin Aotivities is under attack these days by so-called “Hberals" who will be encouraged now by the dissenting opinions of the SBupreme Court to carry on their campaign to curtail, if not abolish, the work-of the House committee and also of « the Senate Internal Security - Subcommittee. But the de- “fenders of America’s safety against the Communist - ‘enemy will find an irrefu- fable argument in the two “opinions rendered thie week _ by Justices Btewart, Clark, ~ Prankfurter, Harlan ~ and eo voce h (Copyrisht: a Sea are cabs 1 alice nade me EX 101 Tolson Parsons Mohr Belmont Callahan Conrad DeLoach Evans alone osen Tavel Trotter WC, Sullivan — Tele Room Ingram Gandy __ The Washingt Times Herald The Washington Daily News =— The Evening Star fi tif New York Hefald Tribune New York Journal-American New York Mirror New York Dally News New York Poat The New York Times The Worker The New Leader The Wall Street Joumal Date a a REC. 2° /00-O- Lt OT RECORDED ‘MF MAR 6 1961