Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 12
Page 51
51 / 114
Liberties in the areas of academic and political expression - areas
~ Which government should be e. -en..y reticent to tread ---- we
do not now conceive of any circumstances wherein a state interest
would justify infringement of rights in these fields."
Justice Frankfurter, in an opinion concurring with the
result in the Sweezy case, stated that “In the political realm, as
in the academic, thought and action are presumptively immune from
inquisition by political authority,”
Harlan agreed wi
Douglas aod Brennan agreed with Chief Justice Warren. Justices
Clark and Burton dissented, saying that the Supreme Court had no
right to invalidate the action of the State of New Hampshire.
a
On June 17, 1957, the Court reversed the conviction of 14
California Communists found guilty under the 1940 Smith Act, free-
ing five and ordering a new trjal for the other nine. This was the
same Smith Act under which, in a long and tumultuous trial before
Justice Medina, eleven top Communist leaders were convicted, The
court upheld the latter conviction but its membership was not con-
stituted as now. Chief Justice Warren, Harlan, Whittiker and
Brennan were hot members of the Court when the eleven Communist
case was argued.
The majority opinion (6-1) in the California Communist
conviction reversal was delivered by Justice John N. Harlan. It
held that the trinl judge had failed to make clear a distinction
between "teaching of forcible overthrow (of the government) aa an
abstract principle" and any "effort to instigate action to that enc
that while the Smith Act bars “organizing” agproup for the overth-r
of the government, the Communist Party had been “organized" in 194:
long enough for the Statute of Limitations to have run out. Just‘c
Harlan gaid that "preaching abstractly" the forcible overthrow of
the Goveranent was fot a crime under the law.
In the Watkins Case, the Court reversed the conviction
of labor leader John T. Watkine for contempt of Congress. Watkins,
who was at some time in the past, an official of a Communist-
dominated Union testified in 1954 before the House Un-American
Activities Committee. His conviction was based on his refusal to
identify bis former Communist associates. The Court's majority
(8-1) opinion, delivered by Chief Justice Warren, held that the
committee's authority was "vague" and that it had no right to ask
the defendant the questions upon which he was cited for cantespt
of Congress; that Watkins rights under the Firet Amendment had been
violated. Justice Clark vigorously dissented,
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic