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Supreme Court — Part 19

107 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 107 pages OCR'd
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2 Beliots A are & Persona ; Mr. .Dooley’s famous dicta that ans Sie may be given even wider application. Ap- parently the Court also follows the course of foreign affairs. This is no more than to say that the Court fs aware of the significant social currents which dominate our times. In the opinions delivered on Monday: re- specting the Government’s right to revoke the citizenship of the Communist, Wiliam Schneiderman, both Mr. Justice Murphy, who expressed the majority view denying that right, and Chief Justice Stone, who spoke for the minority, took pains to assert that sour relations with Russia, as well as cur views regarding its government and the merits of Communism are immaterial to a decision of this case.” However, the judgment of the Court was tinged to some extent by the con- temporary concept that our basic freedoms must have universal application. And that is neither unwise nor unfortunate. This was a difficult cage to decide, since it involved a question of attitude, rather than of action. The dissenting arguments were exceedingly persuasive. But the verdict evi- dently turned upon an old judicial principle, reiterated by Justice Murphy: “... Under our traditions, beliefs are personal and not a matter of mere association... Men in adhering te a political party or othe 54 JUL 1- 1943 qualifiadly ty a al ot ite pars rc principles." 3 to the case of an individual whose affiliation on notoriously do not subscribe un- iT TE ys Goal trioleers ‘aight well commit to memory. this has relevance in the case‘ of an admitted], member ‘and oMcidl of the Communist}. Patty, it must apply with even greater force with the party is at most a remote ene— that is, through some organization regarded J as a Communist front or allegedly do nated by Communists. The establishment | of guilt by association is a Procedure wholly alien to our traditions. . en oe “Nowhere in the world today,” " Justice Murchy asserted, “is the right of citizenship | of greater worth ‘to an individual than‘it is j in this country .. . This does not mean that | once granted to an alien, citizenship cannot | be revoked or canceled on legal grounds. But such a right once conferred should not |#4 be taken away without the clearest sort of KE justification and proof.” A man’s reputation aa. as a patriotic and loyal American is no less precious to him and should pe t taken away (im no more lightly. . : The chief significance of the decision in = . this Schneiderman case would appear to be xt b its reinforcement of the Court’s emphasis on |"¢ ota the rights of individuals. Once-more, as it | Gid in the Jehovah’s Witnesses cases, the oo. Court has acted to curb the power of the /¥ State to enforce conformity. This is also f the emphasis of the Bill of Rights. It does not seem impertinent to suggest that the CoUft is what the Constitution says ret" THE WASHINGTON POST i MORNING EDITION pate JUN 24 1944
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