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Supreme Court — Part 13
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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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