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Supreme Court — Part 19
Page 71
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Fourteenth
‘us free a |set tne nitertsr hich the due
“Important as free speech and a [elves the * ¥ e due
free press are to a free govern-(|Drocess clause guarantees. That
ment,” Justice Murphy continued-|"er Protects only their prop
“There is a right even mote dear wor .
man ala— > By a §-to3 decision the court up
onthe thelr Motes he Fight ba Ino the dae ‘of evidence obtained
their needs and the dictates of by means of a detectaphorie in a
their souls and to carry their mes-
gece or their gospel to every living When placed against a partition
creature .., petitioners were itin-| Wall, picks up sound -waves origi-
erant ministers going through the Dating in a room beyond the wall
sirzets and from house to house/and amplifies them s6 that they
tin different communities, preach-|may be heard and transcribed by
Ipooklets end “pamphlets. setting upon. by the Supreme Court, ln
i e an mphle Be -
| forth their Mews of the Bible and | Volved conversations between iaw-
the tents of their faith... , |years and clients in a lawyer's
° office, ... ;
Cites Colonia] Situation | .
. Inyaslon of Privacy
“For this the petitioners were os
xed. The mind rebels at the! Justice Murphy, in a lone dis-
ought that « minister of any of/senting opinion, maintained that
ite old-established churches could |this was an unconstitutional inva.
(be made to pay fees to the com-jsion of privacy. ‘The Fourth
munity before entering the pulpit.|/Amendment, he sald, “puts a re-
| “An arresting parallel exists be-|straint on the arm of the Govern-
:tween the troubles of Jehova’s'ment ttself and prevents it from
, Witnesses and the struggles of v&-|invading the sanetity of s man's
rious dissentient groups in the|home or his private quarters in a
American Colonies for religious /cliase for a suspect except under
freedom .. . in most of the col-jsafeguards calculated to prevent
ponies there. was sn established/oppression and abuse of authority
fehurch and the way of the dis... Whether the search of private
jsenter was hard. All sects inciud-'quarters is accomplished by plac-
‘ing Quaker, Methodist, Baptist,/ing on the outer walls of the sanc
[Episcopalian, Separatist, Rogerine,'tum a detectaphone that transmits
and Catholic, suffered.” to the outside Listener -the intl-
The Los Angeles Times was ad-|mate details of private converse-
judged guilty and fined for con-|tion, or by new methods of pho
tempt by a State court for pub-/tography that penetrate ‘walle or
lishing editorials concerning labor)overcome distances, the privacy ‘of
vanbatanvimew ancen wr the avltinn— fa
erimina] case. This instrument,
alan
been finally determined in all re-jagents of the Govesament and inti-
spects. In this case the Supreme¢;Mate personal matters are laid
Court, by another 5 to 4 decision,/bare to view .. . It is strange doo
‘Tepudiated the ear that Judges ;trine thet Keeps inviolate tne t most
‘have the Common w power orjrnundane o vations entrus
could be authorized by statute tolto the permanence of paper but
‘punish publications as contempts /gllows the revelation of thoughts
on a finding of a mere tendency)uttered within the sanctity of pri-
to interfere with the orderly ad-ivate quarters, thoughts perhaps too
ministration of fustice in a pend-!intimate to be set down even in
ing case. Justices Murphy, Doug-|® secret diary, or, indeed, utter.
las, Reed and Jackson concurred/ances about which the Common
in the majority opinion, delivered Haw oer tne ee a Pelee —
by Justice Black. é@ most confidential revelations
be minority opinion, delivered |between husband and wife, cHent
ib
y Justice Frankfurter, advanced and lawyer, patient and physician,
é revolutionary theory that free-jand penitent: and spiritual ad.
dom of the press; which ls secured | viser.
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