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ACLU — Part 3
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A... bull Lc
ve The U. S. Supreme Court held last spring that a New York State ban agains
"The Kiracle"-—-on the grounds that it was sacrilegious—--was unlawful censorship:
It also ruled that motion pictures, as. such, were entitled to free-speech guarante:
QHIO_UN-AMERICAN, ACTIVITIES COMMITTEE MAKES REPORT * .
In a report to the state legislature, the Ohio Un-American Activities Commis:
sion has called for some of the toughest anti-subversive legislation yet proposed.
The commission, which went out of existence on December 31, also asked the lawmakers;
to revive its invostigation into Communist operations in the state. vt 2 *
The strongest proposals of the commission were those calling for laws that
would make it a felony, carrying a penitentiary sentance, to: (1) help form, contri-
pute to, or knowingly remain a member of a subversive organization; (2) commit or aid
any act dedicated to violent overthrow of the state or federal government; (3) destroy
records or secret funds of subversive.groupse ““- -
The commission went on to stress "the clear and present danger of the. Co:
Party" and asked for laws to dissolve Communist organizations, bar Communists and:
. members of other subversive organizations from holding special privileges or lice
end make refusal to testify about Communist activities prima facie evidence of Co
munist or front-organization membership. ne - 7
During its statewide investigations, the commission cited 20 witnesses for
refusing to say whether they were or had been-Communistss — So-fars-seven-of—the
witnesses lave been indicted by grand juries. The commission has estimated that
are about 1,300 Communists in the state, = cee . -
ACLU groups in Cincinnati and Cleveland have strongly criticized the pr
and tactics of the investigating committee, The Cincinnati branch, after the *
mission reported, asked the legislature to cnd the commission's activities and”
investigate the latter's "strange and un-American conduct", It called for an inquiry
to determine why the cennission released testimony of a witness “in reckless disré-
gard of the libertics and lives of the people who might be adversely affected thereby’
It also requested an investigation to cover the role of legislative investigating gp.
committees in our society and the development of procedures and safeguards to-dnsaree
against repetition of civil liborties abuscs.
SIONAL COMMITTEE PUBLICITY MAY PREJUDICE TRIAL
Le JUDI
U.S. COURT RULES CONGR#S #
One of the morc unusual legal decisions of the past few months has come-f,
the U.S. Court of Appeals in Boston. In effect, it says that if’ a congressional:
investigating committee looking into corruption stirs up nationwide publicity agair
2 government official already under indictment, that official may get an adjournmen’
of his trial in order to lessen the danger of prejudice to him. :
The court's ruling came in a case involving Denis W. Delaney, one time collec
tor of internal revenue for the district of Massachusctts. Delancy was indicted ing!
Scptumber, 1951, for recoiving payments aimed at influcncing his decisions and for;
making false certificates of the discharge of tax liens. 7° *. re
. In October of the same yoar, the House Subcommittce on Administration of the?
Internal Revenue Laws - the so-called King Committee - began hearings focused o1 thy
charges against Delancey. Many of the witnesses ‘called were those who had testified
before the grend jury. In addition, the investigators dug into othcr aspects =
her, called:nor
Delaney's life, among them an alleged bankruptcy and a charge of embezzlement
Although the testimony against him had wide publicity, Delancy was neit!
invited to apncar before the committec. % Pree Boe -
bi
Because of the adverse press reports, Delaney asked for, and”got, ap
ment of his trial - for one month. However, his petition for a further delsy was.
turned down by a district court. os mee oF et. TEL
This, said the court of appeals,’ was an error, Delaney 8
ther continuation to give the furor a chance to dic downs * _
The court made its ruling not as’a matter of constitutional, law, b
at it thought to be proper supervision of procedure in federal courts. .
lecision might not apply to cases, involving people indicted or invostigated
‘odies, or when proceedings are held in state courts, ‘And the court did no
what would happen if a person were indicted aftcr a legislative hoaring,, rathe
before the hearing. - pss ‘
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