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Supreme Court — Part 21

109 pages · May 11, 2026 · Document date: Jun 18, 1957 · Broad topic: Civil Rights · Topic: Supreme Court · 109 pages OCR'd
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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 F
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