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Supreme Court — Part 19
Page 74
74 / 107
a
O e)
ned Of by Jehovah's Withesses, “Congressional |»
Justice Murphy, were “taxes/ment of the First Ametitiment,
fypen the dissemination of reli-jnot secured against State infringe
ous ideas” and as such placed “ajment by the Fourteenth Amen
purden on freedom of speech, free-;ment.. © *..-°
“Liberty
very life piood of a free preas .. .|:
" rtant as free speech and «|2tlves the ‘liberty’ which the due
trea press are to a free govern-|Process clause guarantees. That
ment,” Justice | Murphy continued. oeune protects only thelr prop-
“There is x ht even more dear or. . :
to many Individuala—the right to| By a 5-to3 decision the court up-
worship their Maker according to|held the use of evidence obtained
sage or their gospel to every living/When placed against s partition
creature . ., petitioners were itin-| Wall, picks up sound waves origi-
erant ministers going through the nating in & room beyond the wall)
sitzets and from house to house/$nd amplifies them so that they
in different communities, preach-|may be heard and transcribed by
Bing the gospel by distributing /@ stenographer. The ease passed
m booklets and’ pamphlets ‘setting|upon by the Supreme Court in-
my forth their views of the Bible and; volved conversations between law-
gf the tents of their faith.....-.. -;yeaTs and clients in a lawyer's
'loffice,
F) Cites Colonial Situation
Lo _ 1Invaaion of Privaey
“For this the petitioners weére Bt,
‘taxed. The mind rebels at the} Justice Murphy, in a lone dis
#| thought that a minister of aziy of/senting opinion, maintained that
‘{the old-estabiished churches could |this was an unconstitutional inva-
{be made to pay fees to the com-lsion of privacy, The Fourth
_j munity before entering the pulpit.;Amendment, he said, “puts # re
ia “An arresting parallel exists be-!straint on the arm of the Govern-
g tween the troubles of Jehova’s)ment itself and prevents jt from
& Witnesses and the struggles of va-linvading the sanctity of a man's
#Tious 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
onles there was an established/oppression and abuse of authority
* church and the way of the dis-|... Whether the search of private
senter was hard, All sects includ-/quarters is accomplished by plac-
; ing Quaker, Methodist, Baptist,|ing on the outer walls of the ganc
Episcopalian, Separatist, Rogerine,jtum a detectaphone that transmits
and Catholic, suffered.” to the outside listener the int!-
The Los Angeles Times was ad-imate details of private conversa-
judged guilty and fined for con-|tion, or by new methods of pho
tempt by a State court for pub-|tography that penetrate walls or
lishing editorials concerning Jabor/overcome distances, the privacy of
racketeering cases which had not/the citizen is equally invaded by
been finaliy determined in all re-{agents of the Government 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 doc-
repudiated the theory that judges|trine that keeps inviolate the most
have the Common Law power or|/mundane observations entrusted
could be authorized by statute to|to the permanence of paper but
punish publications as contempts/allows the revelation of thoughts:
on a finding of a mere tendency/uttered within the sanctity of pri-
to interfere with the orderly ad-|vate quarters, thoughts perhaps too
ministration of justice In a pend-|intimate to be set down even in
ing case, Justices Murphy, Doug-/@ secret diary, or, indeed, utter:
les, Reed and Jackson concurred/ances about which the Common
in the majority opinion, delivered |Law drew the cloak of privilege—
(by Justice Black, the most confidential revelations
* The minority opinion, delivered |between husband and wife, client
. ey Justice Prankfurter, advanced jand lawyer, patient and physician,
e revolutionary. theory that free-|and ,penitent and spiritual
m of the press, which is secured /viser. MF
w f °
a vo ¥ '
4
~
+ Mtn hit aa adnan onli omen,
of circulation te the|/ment absorbs ine “Firat?” Frenk-| -
their needs and the dictates of Dy Means of a detectaphone in a} :
thetr souls and to carry thelr mes-/crimina] case. This tnstrument,|
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