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Supreme Court — Part 26
Page 101
101 / 116
gee? 2 aia r 2 AF .
“The United States ne 1 violent and forceful ‘overthrow of; ‘
Sout caused another shock . en | the California government, Cali- {
Re ied that the California non- fornia will take no action against |
‘Communist oath required of re- them under the ‘tax provisions (=
‘ligious groups and veterans seek- | here in question. RS
"ing state tax exemptions is ‘une 22) “But it will refuse to take any °
constitutional, qo © action for them, in the sense of
bi Thus was toppled another bar- extending to them the legislative’
i
olloman._
Miss Gandy
er set up by those who felt they. largesse that is inherent in the 1
ere trying to stem the progress granting of any tax exemption or si
?
of domestic Communism in this deduction.” ,
Feountry. . . And Los An Ez eles « County & los ANGELES HERALD. EXPRE
. Justice Brennan stated that it Counsel Harold W. Kennedy de- 5 JUL «8 1958
as not proper thattheindividual clared: ;.. - > gS
OT organization applying for the . . “As a public law officer, lowsuastl FA ton
bea ax exemption bear the burden of | firmly believe it is the purpose of - Lotradl
stoof that he is not a person or the Constitutior to preserve the . EPL rte
ganization advocating the over- government and not to serve as a”
irow of the government. © | _ protective shield for those who, , _Lfiwes 1m
| But Justice Clark in opposi- while claiming privileges under. oe ie
ion said:. . ‘~ _ the Constitution, would seek to
. “I cannot agree e that due proc- _ destroy it.”
sé requires California to bear the More and more, it would ¢ seem "Ds Vi df WV. Ho esT /—
urden of proof under the circum- fo us, the way is being paved to- fil hsh
ances of this case. This is not a ard that day when it will be‘ bles he
timinal proceeding. Neither fine ust nobody’s business who and +
ig imprisonment a involved. ow many people are American , / fee berT Hf. Kkar
(“Appellants are free to speak ommunists, no matter how. Der, Rdii
t s they wish, to advocate what fiarmful or threatening their ac- 5 ‘
jtheyrwille If they ad advocate them—tivities, 0 tke eee
~ Na Para t tty cand, Mi le a ante werden siti: when int ones ere en eee a . wy f fare CuaT oe.
oly Cthz. Stal
Lo 76 Oath
we’ tafe Crccon'n
86 [bose = AR.
a NOT RECORDED
oo 46 JuL 31 1958
Sal
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/.
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