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Supreme Court — Part 13
Page 90
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Petitioner was convicted ef a vicletion ef 2 U.S.C. $192, which
ay > makes it a misdemeanor for any person summoned as & witness by either een 7 ae
House of Congress or any committee thereof to refuse to answer any |
question "pertinent to the question under inquiry", Summoned to testify
before a Subcommittee of the House of Representatives Committee on Un-
American Activities, petitioner testified freely about his own activities
and essociations; but he refused to answer questions at to whether he had
known certain other persons to have been members of the Communist Party. He
ased hi
proper scope of the Committee's activities and not relevant to its work. -
No clear understanding of the "questions under inquiry" could be gleaned
“ ¥ from the resolution authorizing the full committee, the legislative history
thereof, the Committee's practices thereunder, the action authorizing the
Subcommittee, the statements of the chairman at the opening of the hearings
or his statement in response to petitioner's protest. The U. S. Supreme
Court held: Petitioner was mot accorded a fair opportunity te determine
whether he was within his rights in refusing to answer, and his conviction
was invalid under the Due Process Clause of the Fifth Amendment,
Judgment of Court of Appeals reversed, and case remanded to
District Court with instructions to dismiss indictment.
Sweezy v. New Hampshire (1957) 354 U.S, 234
In an investigation conducted by State Attorney General, acting
on behalf of State Legislature under a broad resolution directing him to
determine whether there were "subversive persons" in the State and to
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