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Supreme Court — Part 13

118 pages · May 11, 2026 · Document date: Apr 23, 1958 · Broad topic: General · Topic: Supreme Court · 118 pages OCR'd
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mlte Brunner v. Uaited States (1952) 343 U.S, 916, ‘per curiam reversing 190 F, 2d 167 | Brunner was called as a witness for the United States in the prosecution of another person. He refused to answer questions concerning his membership in the Communist Party in 1937 or 1938 or whether he ever saw the defendant at meetings of the Communist Party in those years. He claimed the privilege against self-incrimination, but the trial court denied the claim and sentenced him for contempt for failure to answer. The Court ef Appeals affirmed the sentence on the ground that since the Smith Act was mot enacted until 1940, the witness could not be prosecuted for membership in the Communist Party in 1937 or 1938, Wieman v. Undegraff (1952) 344 U.S, 183 An Oklahoma statute requiring each State officer and employee to take an oath that he is not, and has not been for the preceding five years, a member of any organization listed by the Attorney General of the United States as “Communist front" or “Subversive” was, construed by the State Court to exclude persons from state employment solely on basis of membership in such organizations, regardless of their knowledge concerning the activities and purposes of the organizations to which they belong. The Supreme Court held that as thus construed, the statute violates the due process clause of the Fourteenth Amendment. National Labor Relations Board vy. Dent (1953) 344 U.S, 375 A union whose officers had not filed non-Communist affidavits filed a charge against an employer with the National Labor Relations Board.
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