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Supreme Court — Part 21
Page 17
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0-19 (Rev. 9-7-56)
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Blow Random Inquiry 9 Y
The upreme Court on Monday powerfully re-
asserted “its guardianship ‘of individual liberty.
This reassertion was especially needed and long
overdue in régard to the excesses of certain con-
gressional investigating committees—most notably
the House Committee on Un-American Activities.
Im reversing the conviction of John T. Watkins
fer contempt of Congress, the Court drew new
and clearer boundaries for the application of
congressional investigating powers.
These boundaries might have been, and should
have been, clarified a decade ago. In the Barsky
ease, decided by the United States Court * of
Appeals for the Disttict of Columbia in 1948,
Judge Henry Edgerton set forth in a dissenting
opinion many of the same strictures against the
Un-American Activities Committee’s investigating
methods that were made by Chief Justice Warren
for the Supreme Court in the Watkins case—and
made again, when Watkins was before them, by
Judges Edgerton and Bazelon. Had the Supreme
Court consented to review the Barsky case, in-
vestigating practices might have been, brought
within propér limits and much injustice to a
vidual witnesses avoided. ,
“We have no doubt,” the Chief Justice said for
the Supreme Court on Monday, ‘‘that there is no
congressional power to expose for the sake of
exposure. The public is, of tourse, entitled to
be informed concerning the workings of fts Gov-
ernment. That cannot be inflated into a general
power to expose where the predominant result
e2n only be‘an invasion of the private rights of
individuals.” But from its very inception 20 years
ayo, the Un-American Activities Committee re-
garded exposure of individuals—and punishment
of them through “pitiless publicity’"—as its prin-
cipal and primary function. In short, it aimed
to punish by investigation what the Cgnstiiuéen
etorbidse Congress to punish by ‘legislation.
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