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Supreme Court — Part 26
Page 88
88 / 116
ip
O38 Mev. 1-20-37)
3 yess ame Ci uling Called Harmtul
rome Cit Rl to Stem Subversion
of the 5u-
the United
their eyes
5 wo Amer
there are no
tan roape stationed in West~-
quarding the armistice line
every day in Koreas, and
there are no gofditions of
emergency existent in the
world at present.
Hence Communists and
Communist sympathizers rea-
ident in this country are en-
titled to passports with the
seal of the Government of
the United States on them
and are free to flaunt such
& passport anywhere in the
world!
Four members of the Su-
preme Court, on the ather
hand, say that “Were this a
time of peace, there might
very well be no problem for
us to decide, since petitioners
then -would not need a pass-
port to leave the country.”
The five who think it is
very important for an indi-
vidual to travel where he
pleases and do what he wishes
abroad to denounce his own
Government and its policies
are Justices Douglas, Black,
Brennan, Frankfurter and
Chief Justice Warren. The
inference ts plain that the
individual's pleasure and de-
aires supersede the rights of
the Government which rep-
Tesents the millions of other
individuals who want their
security protected.
“Travel abroad, lige travel
within the country,” says the
Majority opinion, “may be
necesaary for a livelihood. It
may be as close to the heart
of the individual as the
choice of what he eats, or
wears, or reads. Freedom of
movement is Ddasic in our
echeme of values.”
But the dissenting Juatices
—Clark, Whittaker, Burton
and Harlan—think that free-
dom to travel must be limited
by the government that is-
sues the passport and that in
wartime or national. emer-
acncy there is a risk that an
indiviaal re i) abroad
455 JUN 20 i$ss
may cive aid and comfort to
the enemy.
The five justices in the
majority opinion declare that
‘the Supreme Court in the
past had decided that the
movement of citizens could,
of course, be restricted in
wartime but that this was
true only on a showing of
“the gravest imminent danger
to the public safety.”
Who is the better judge of
when the public safety is
endangered? Five justices
cloistered In the chambers of
a court who seem to have
become blind to the Commu.
nist menace and the infiltra-
tion of subversion practiced
by agents of Communist
imperiaham in every coun-
try in the world. or the De-
partment of State, which has
available up-to-the-minute
information from everywhere
as to the dangers to the
safety of the American
people?
The majority of the jus-
tices fiatly say that no condi-
tion of emergency exists at
present, but the dissenting
justices point out that the
proclamation issued by Pres!-
dent Truman in 1960 de-
claring an emergency is still
in effect. His formal state-
ment said that “World con-
quest by Communist itm-
perlalism is the goal of the
fore: of aggression that
have been loosed upon the
world” and that “The in-
creasing menace of the
forces of Communist aggres-
sion requires that the na-
tional defense of wie United
Biates be strengihnened as
speedily as possible.”
The four dissenting jus-
tlees sum it up in these
words;
“Th @ whouy Tealisiic sense
there is no peace today, and
there was no peace in 1952." °
This was the date when Con-
qvese and the President took
action both belleved was ade-
quate to control -the issuance
of passports.
But the five justices con-
atituting the majority have
chosen to disregard what any
Pac
eebort fo o Cort ) sinmndinist Danger? |
commit ot Cbeit
Communist or
guided person who ien't a
Communist might de during
his travels abroad that could
embarrass the United States
Government in the carrying
out of ita policies. There is
no way, for instance, ta
watch citizens carefully who
are doling damage to the
United States.
Ths country has no right
of surveillance abroad such
as tht FBI can exercise at
home. The moment « pass-
port is granted, a Commu-
nist sympathizer can have
access to places abroad where
It might “be undesirable for
the United Btates to have
him goas, for {nstance, to
Pio with or get instructions
from agents of a foreign es-
Pionage apparatus.
The majority of the jus-
tices concede that Congress
could pasg a law specifically
withholding passports under
conditions arising out of war
but not clearly defined as yet.
feist Braet Fs! Wealtas nt fee
Ne tid SE ¥F BLUE wi MMS
House Committee on Un-
American Activities is already
Planning to introduce such a
measure. There are, however,
hints in the majority opinion
that almost any measure to
control the issuance of pase-
Porta in “peacetime may be
struck down by the court.
Thus have the majority of
the Supreme Court again
thwarted the international
policies of the United States
Government in fighting com
munism. They have said. tn
effect, that Americans who
#0 to Soviet Russia and make
speeches there denouncing
the United States cannot
have thelr passports with-
drawn. For all this appar-
ently Is part of “freedom of
belief” and “freedom of aaso-
ciation.”
This is in line with pre-
Vious decisions of thé prés-
ent Supreme Court. which
has already upheld the right
to preach treason as more
imp: Lunt than the rights
of millions of other Ameri-
cans to be protected against
the effecta of treasonable ac-
tivity inside and outside the
United States.
CReereduction Rights Reserved?
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N. Y. Times
Daily Worker
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