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Supreme Court — Part 19
Page 97
97 / 107
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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