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Supreme Court — Part 21
Page 5
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ee
A Good Day’s Work
The Bill of Rights—that part of the United
States Constitution which guards the Liberties '
of American citizens—is the strong
of four decisions handed down by t
Co near ‘the close of its 1956-57 terin.
Taken together those rulings provide a reassur- |
ing contrast to the decisions In recent years
thet have tended to erode constitutional rights.
In these four civil liberties cases the Supreme
Court decided:
First, that 14 “second string” Communist lead-
ers in California were unlawfully convicted un-
der the Smith Act in 1952.
Second, that career diplomat John Stewart
Service was wrongfully discharged by J the Secre-
tary of State in 1951. .
Third, that Illinois labor leader John T, Wat-
kins was not guilty of contempt of Congress
when he refused to tell the names gf former
Communist associates to a House Un-American
Activities subcommittee.
Fourth, that Paul M. Sweezy, economist and
co-editer of the Monthly Review, was not ac
corded due process of law when he was held In
contempt by the Attorney General of New Hamp-
Shire for refusing to answer questions about
lectures at the University of New Hampshire
and about his political activities.
. ™ .
In none of these cases was there the slightest
disposition on the part of the Supreme Court
to favor Communists or their teachings. In
each case, the Supreme Justices based their
decision on basic rights which must apply equally
to all if freedom of the individual citizen is to
be protected, .
Justice Harlan, an Eisenhower appointee, gave
the 6-to-1 decision in the case of the California
Communists. With only Justice Clark dissent-
ing (Justices Brennan and Whittaker were not
on the high bench when the case was argued),
the court freed outright five of the defendants
and returned the cases of nine others for new
trials. The five were freed, the Supreme Court
said, because the evidence against them “is so
clearly insufficient that their acquittal should _
be ordered.” :
As Justice Harlan aaid, the Department of
: Justice erred in putting its reliance om the 1951
decision of the Supreme Court upholding the ©
Smith Act conviction of Eugene Dennis and i
other top officials of the Communist party in |
the United States. The error was, a0 Justice |
Harlan found, in failing to distinguish between
“advocacy of abstract doctrine and advocacy of |
action.” To quote the Justice's words:
' The essential distinction is that those to’
whom the advocacy fs addressed must be
urged to do something. now oF in the future,
rather than merely to believe in something.
In applying the Smith Act, the Supreme Court
had to decide, so Justice Harlan explained,
whether the 1940 law forbid advocating and
teaching forcible overthrow as an abstract prin-
ciple, “divorced from any effort to instigate
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action to that end.” Answering the questi ee a a
Syglice Hazlan said: “We hold that it deerme) OL Te
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