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Supreme Court — Part 21
Page 20
20 / 109
1
— Individual Freedom
Lo
The United States Supreme Court has
| taken another step e direction of
giving judicial support to the consiitu-
tional guarantees of Individua] freedom.
In doing so, it has placed new curbs on
Congress, on the investigative agencies
of the Executlve Department and on the
lower courts. ;
This was done In two striking declstons,
reversing lower court actions, whereby
‘five alleged Communists were freed and
nine others were remanded to the lower
courts for new trials, Both were 6 to 1
‘decisions, Two justices did not take
part. Justice Clark wrote a sharp dis-
senting opinion. ;
Chief Justice Warren and five associ-
ate justices set forth some new judicial
principles for the guidance of Congress,
the Department of Justice, and the lower
courts when dealing with subversion.
These are tha most challenging:
i. There can be no such thing as
gullt by association.
9 Aw Seeuced nasd nat
oe 4 BCOUSSS Need ney
of Communist associates,
3. It is not illegal to be a Communist,
4. It Is not MWegal to teach forcible
overthrow of our government as an
abstract doctrine. ;
Small wonder that some members of
Congress are up in arms against these
‘estrictions on congressional investi-
‘gative committees, But the unhysterical
eltizen readily sees in these restrictions,
ig reaffirmation of fundamental indi-
aAMAS
oe.
lye the names
stitution but badly strained in the
McCarthy and other congressional and
judicial crusades against subversive
a. tf: activities.
Now that the global tensions are less
frightening than they were a few yeara
ago, the high court's reaffirmation of
constitutional guarantees of individual]
freedom should be accepted without
tremor. They should be welcomed for
removing much latent and avowed gublir
,misgiving over the methods used to
ferret out the Reds in this country.
The two cases at bar involved defenses
based on the First and Fifth amend-
ments of the Constitution. Since similar
defense has been invoked In many cases
stit—pemding in the lower courts, the
vidual rights, vouchsafed in the Con- $
weal
B olstered
Supreme Court's latest rulings may be
expected to have wide repercussions.
The effect should be wholesome.
The point raised that “teaching over-
throw of the government as an abstract
doctrine” ‘s not prohibited in the
Smith Act, under which these subversion
cases are hrought, wili undoubtedly cause
continued debate. The court-held that -
to become violative of law, the teaching
“must be linked to effort to institute
action to that end." '
Preaching Communism is thus placed
m a level with being a Communist—
oth are legal. But subversive deeds
hat aim at overthrow of government by
force are, of course, forbidden. The dis-
tinction between preaching and practic-
ing ‘In this matter Is tmportant—also ~
somewhat elusive.
e * *
The majority emphasized again and
again that advocacy of abstract doctrine
was not “enough to offend the Smith
realized the importance of proving
advocacy of forcible action to over-
throw the Government. it will have to
do so in the future.
Justice Clark In his dissent argued
that the majority was making distine-
tions “too subtle and difficult to grasp.”
This reasoning of the majority Is of a
part with that which undergirds the
court’s point that it ts not illegal to be
& Communist. The Red doctrine aiming
to replace democracy is no secret. But
resort to arms Is clearly an act of mill-
tary revolt.
The Court {fs not soft toward Com-
munism, It wants to define the menace
in as exact terms as "ossible and pre- -
vent the danger of ill-defined suspicion |
and hearsay placing innocent people
in jeopardy.
Our courts are the custodians of
justice. The Supreme Court particularly
has the paramount duty te interpret and
apply the Constitution to the facts of
evidence and to-the statute law in ail
cases appealed to it for review and final
adjudication, It 1s a tribute to the court
that it has again acted with courage and
deep insight in upholding individual
freedom as guaranteed in the nation’s
charter. —
Sotierel
—-
oe
=
Ltderreen Times. . fF
Dete b-17-S7 a
od Second Cl
is
2 EV tter
Ir. Neagse
Tcle, Room...___
Mr. Holloman
Miss Gandy.....—
¢ Hartlord Times
Bavid RB. Daniel, Publisher
ord £. dy ,
Editon
Max |. forber,
Managing Editer
Carl E. Lindste|m,
Executive Edi
Francis T. Ahearn,
City Editor
Member of the Associated Press, Also
terved by Gonnatt News Services, United
Press, ard international Mews Service,
New York Office, 30 Rocket Her PI
20; Syracuse, N.Y. Office, 315 Eect
yore Straet; Chicago Offiea, 400 Narth
igan Avenue Si; San F i
e, 331 Market Street . “sneuee
blished dail
the Post
y except Sundey Entired
Office at Hartford, ¢
css Ahotter under The
le
fi,
7
lar
44 JUL 2 1957
75 / £ a
: we Oe
o—emeeniiiosh
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