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Supreme Court — Part 26
Page 70
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Gongress and Control of Subversives
FBI Director J, Edgar Hoover has
pointed out to Congress that decisions of
the U. S. Supreme Court have resulted in
the freeing of 49 Communist Party lead-
qrs convicted by federal juries under the
ipnspiracy and membership provisions of
fe Smith act.
} Mainly, this revegsal of convictions has
been the result of th® Supreme Court de-
cision of Jast June 17 holding that "theo-
reljca) advocacy" of violent overthrow of
the government, in the absence of actual
incitement to such action, is not a crime.
he Senate judiciary committee has ap-
oved a bill designed, among other things,
label the teaching or advocacy of over-
ow of the government by force or vio~
Ypnce or by the assassination of any of its
officers, as criminal even if there is fo
incitement to immediate action.
Senator Hennings of Missouri has
branded this bill as “one of the most irre-_
sponsible pieces of serious legislation re=
ported by a committee to the Senate since
T have been a member.” We do not see
how this charge could have justification,
Clearly, Congress has the right and t
duty to pass laws, and to class certain ac
as criminal. The Supreme Court has fh
right to review these laws and interpret
them in the light of the Constitution. In
passing on the Smith act, the court said in
effect that Congress did not perform its
function as well as it intended. Surely
there can not be anything irresponsib!
Congres:| now acting to make its intent
as clear 4nd unmistakable as possible. \
Mr.
M.. Rowen
Mr. Tamm ..
Me cer,
Mr. Clayton.
Tele, Rown
Mr. iotloma
Miss Gandy ¥
62. Q1Sb9- A
NOT RECORT 4
ee ee
- Editorial -
"Ft. Worth Star Telegram"
Ft. Worth, Texas,
5/11/58
John Ellis, Editor
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