◆ SpookStack

The righ Court Splits Hairs] # ESepreme Co Court, freeing five convicte mmitinist leaders “and ordering new trial nine others, establishes a new interpre Jation of the Smith Act that may seriously hamper Government efforts to repress the Communist conspiracy in this country. The Smith Act makes it unlawful to teach or advocate the violent overthrow of the U. S. Government and under it many of the top officials of the Communist Party in America have been sent to prison. In 1951, the Supreme Court upheld the constitution- ality of the Act and the conviction under it of 11 Reds. The case decided yesterday concerned 14 California party heads who were convicted in 1952 on charges of plotting to teach vio- ent overthrow of the Government. In upsetting the convictions by resort ¢ | ome astonishing legalistic hair-splitting} Yesterday's remarkable decision by f e Court majority has been charged by the lone dissenter, Justice Clark, “with usurp- ing the function of the jury.” Many persons are likely to believe that the function of Congress may have been usurped as well. Congress did not write the word “insti- gate” into the Smith Act. But Justice Har- lah, in writing the majority opinion in this PHILADELPHIA, PA. case, has proceeded to do so. The court holds, the Justice stated, that INQUIRER / the Smith Act does not forbid teaching and BULLETIN advocating forcible overthrow as an ab- nr een stract principle “divorced frem any effort DAILY NEWS to instigate action to that end.” The Smith Act, he added, “was aimed at the advocacy and teaching of concrete action for the forci- DATS c- = ‘ble overthrow of the Government, and not EDITION of principles divorced from that action.” PACE yg _Here, in this schoolroom approach to tal issue, we have something vastly diffe ee t from prior interpretations of the Smit t and its power to punish those plottin TITLE Gr CAS e overthrow of,our free institutions. Jus- Air. Mr. (oe ME aS a5” NOT RECORDED y BOUL 9 1957 - 44 JUL 8 1957 wees oo er Bs ctts My. ait, i fi Taam A bio Nea Tele. Room _.. Mr. Holloman ___ Miss Gandy F 7 CT cE