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a Miley - infcrmation cannot be revealed by the Hoard. However, What, then, of the Constitutional guarantees? Here is no -; presentment or indictmeut by grand jury, but instead a secret, investigation by @ Government agency, the FBI, presented to. * another government agency, -- the Loyalty Security Board. ‘It’ : 1s true. that the employee is not compelled to be a witness =. againet himbelf, nor ie he deprived of life, liberty or property. He hag a speedy, but not publie, trial, for no persons are per- mitted at hearings except the Board, its counsel, the transcriber, the employee, his counsel, and the witnesses, one by one. Here - is no ,trigi°-by jury in the district of the “crime”, no compulsory . precesa for obtaining witnesses in his favor, and only a very limited, .if any, confrontatio with the witnesses againet him. In facet, he cannot be completely informed of the nature and. ©* cate. of the accusation, in-so-far as the source of. the derogatory the Board does the best it can under the circumstances té inform him of: . the nature and cause of the accusation, he has a full hearing,’ and the assistance of counsel in nie defense. It is clear, . that the proceeding lacks important elementa of a Constitutional criminal prosecution. Again, I can only eay that it. is not a crime that is being prosecuted, but it 1s a privilege that is bein adjudicated, the privilege of employment by the Government. . — We come, finally, after consideration of the "erime", the rosetution, and the defense, to the tribunal. Tnia fe the. Loyalty Security Board of the Department of State. Originally censisting of three members, it now consists of 20 outstanding directors of bureaus or offices, and chiefs or officers-in-charge of divisions. or brancheg in the Department and foreign service . officers, Ancluding a number designated for service in Germany, in the Office of the U.S. High Commissioner. The Board sits on cases in panels of three. Tne FBI reports come to tne Board in triplicate, and are assigned tp a panel designated by the Board's legal officer, in accordance with the availability of Board ‘members. The. three members of the panel read the file of the case individually, -and meet fcr the initial consideration of .the case, and for their paseing on replies to interrogatories. In hearings, they sit as a benoh of three, of whom one is chairman, tut all of whom, together with the Board's counsel, question the employee and hia witnesses. The final decision does not reflect the opinion of ene man, but the independent Judgments of three minds. Decisions are nearly always unanimous but occaeionally a dissent crops up. Originally the Board was not required to nake a written finding of the facts, but to state merely the action taken. Now a member of the panel writes & summary of the case for the benefit of the Review Board. Panels of the Loyalty Security Board endeavor to conduct all hearings and to make all decisions, with fairness, impartiality, and coopervativenese, bearing in mind that the proceeding is an investigation, not a Prosecution, and that the whole program has for ita purpose not only to protect the Government of the United States, but also to Protect loyal employees of the Government from unfounded accuse- tiong. This jast remark brings me to the third and final aspect of the matter, -- the impact of McCarthyiam on the one hand and of the Loyalty-Security program on the other hand, on freedom of thought and action. among the American people. I think I shall have to leave that for your consideration, in the light of what ean be aaid avout both. In sg Tar. as McCarthyism restrains honest and loyal people from g’. -2 consideration, either singly or collectively, to the neess’. whe under-privileged and the . oppreesed, to the injustice: * »buses of the economic, social and political life of this « ~ fear of being blackmailed r- . as A pepe PRA a eb pe Rem ke a