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Supreme Court — Part 12

114 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 112 pages OCR'd
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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,
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