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Supreme Court — Part 21
Page 6
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- 7” =
Justices Black and Douglas, who were tie-éwo
dissenters in the Dennis case, would haye gone
much further than the majority in the California
case. They said, in a ceparate opinion, that the
statutory basis for the Los Angeles convictions
“abridges freedom of speech, press and assembly
Imyviolation of the First Amendment.”
B; returning nine of the cxses for retrial, the
Suprene Court invites the Department of Jus-
: tice to thow what it can do in the light of this
decision, «1¢ Attorney General Brownell. staff
SeeDeaey Velntral Svar S
_ has evidenie that can be made to stand up in
, Court, now i the time to get busy on it.
The Service case, decided 8 to 0, was nar-
rowly based on the procedure followed in the
discharge of the diplomat, as of “doubtful loyal-
ty,” by Secretary ef State Acheson six years
ago. Reviewing the steps In the case, the Su-
preme Court found that the State Department's
own regulations were yidated when lower loyalty
‘review boards were overruled by a higher board
which then was supported hy the Secretary of
State,
* eo" 4
Chief Justice Warren, another Eisenhower
appointee, spoke for the Supreme Court in the
6to-1 Watkins case. Reading a sharp lesson to the
House of Representatives as weli as to jis Un-
American Activities Committee, ihe Chief
stice said that the labor leader was
net accorded @ a>tair opportunity ta deter-
mine whether he wae in his rights”in re-
fusing to answer. There is no general |
authority to expose the private affairs |
individuals without justification tw terms of
the furictions of Congress. Nor is tire Con-
gress a law enforcement or trial agency, -
These are functions of the executive and:
: judicial departments of government.
, No inquiry fs an end in itself; it must be
patatad ta and in a ee ee Peper ry pemerer aa
SCIALTU LY ahi in furt LHELRDEE UL @ 16g 1UTALE
task of the government. Investigations con-
i ducted solely for the personal aggrandize-
ment of the investigators or to punish those
investigated are indefensible.
The Chief Instice spoke also in the 6-to-2
Sweery case—in which the New Hamoshirs oro
Soiy SSA ash Frasswes eae iVoy sanliipous © Peo
cedure was “to summon a witness and (to try)
to cdmpel him against his will to disclose the
nature of his past éxpressjons and association.”
This invaded the teacher's Ubetties in the
lareas Of academic theedom and jolitical ex-
jPression—and these, ag Mr. Warren said, are
; ‘areas in which government should he ex-
, tremely reticent to tread.” Sweezy'’s testimony
included statements that he was a Socialist In
political orlentation, but that he had never been
fa Communist party member and did not advo-
_ cate forcible overthrow of the Government.
; There will be those to differ with one or
i more of these detisions, as for example, Repre-
sentative Smith of Virginia, author of the Smith
Act. We believe, as we sald at the outset, that
‘ the Bill of Rights is the stronger beeause they
have been handed down. For the Supreme Court
s * ts saylng in effect that while the national
* security, is vital and must be protected against
F subversion, eo are the rights of citizens vital
and an muet freadarn chan he nentacted eqatueat
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