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Original Knights Of The Ku Klux — Part 1
Page 126
126 / 184
ram
area
“ty
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‘klan. The defendants failed to produce these records and at the
As indicated earlier, however, the -cvu-c o¥ the klan's activities
'
pears Girectly on the existence of pe-i.znm and practice of un-
rs
as
‘lawful conduct and also on the sort ¢. decree that should be igsnad,.
The Government subpoenaed membership liste and records of the
hearing explained that all of the recorés of the klan had been
destroyed as a matter of klan policy afcer suit was filed. The Court
ovdered Christmas, Farmer, and John Magee, the treasurer, to compile
defendants objected to the admissibility of the lists for the reasons
. i
that: (1) there were no lists ané records in the custody of the ,
defendants; (2) che requirement was an invesicn of the rights of
privacy and association, © The defendants did not rely on the Fifth
Amendment privilege against self-incrimination; they relied on , Bf
NAACP v. Alabama, 1958, 357 U.S. v. 449, 78.8, Ct, 1163 2 L. Ed .
24 1488. The Court overruled the onleccicns.
NAACP v. Alabama does nu- suyw.- Gc Gefendants’ position.
In that case Justice Harlan, speakinc fox 2 unanimous Court, held
‘hat the rights of the members of the NAACP to mursue their lawful
- ieee
. . + . = * 7
anterests privately and to associate freely with others were pro-~-—.
oT
‘ected by the 14th Amendment. Accordingly, the NAACP was relieved of
‘he n-cessiz, of turning over its mexbersnip list to the State of
wlabana, In reaching that decision the Court distinguished New York
morel. Bryait v. Zimmerman, 1928, 278 U.S. 63, 49 Ss, Ct. 61,
'@ case.
“ab plod, 184. Anvolving a New York Cuap:e2 of the Ku Klux Klan. ‘A
Mew York stacute required any unincorporated association which
tleman:.ed an oath as a condition to membership to file with state
officials copies of its "constitution, by-laws . . . a roster of its ry
In .2Zimnerman ‘
embership aid a list of officers". / the Court found that the statutory
classification was reasonable, because of the "manifest tendency on
the pert of one class to make the s.crccy surrounding its purposes
-6-
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