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Supreme Court — Part 21
Page 12
12 / 109
{Court has taken a soft turn.
Regarding Communists
What the Cour It is undoubtedly correct that to dis-
cuss violence in abstract terms is differ-
Seemed to Say . Ft t from an overt act. But the abstract
cussion, it may be argued, will usualy
cede direct action and may even ip-
ECISIONS of the United States Su- cite it.
preme Court, handed down Monday It probably boils down pretty much
in cases relating to Communist activity, |¢
o who, employs the abstract terms,
will be received with mixed emotions.
There will be those who, fearing the ki
existence of a communist conspiracy in
the United States, will feel that the
ditions. One expounder of an abstract
principle may be regarded as wholly ob-
jective; another using virtually the same
terms may be highly inflammatory.
Opposed to these will be that segment -
of public opinion which will hail the de-
cisions as a protection of individual lib-
erty, thought and action,
There were two principle decisions.
One reversed a lower court which held
OTH the decisions mentioned reflect,
we can assume, the extremely low
state of Communism in this Country.
Events of the recent past, culminating
‘ , , ' in the Hungarian uprising, have proved
a group of California Communists guilty to many sympathizers that (Communism
of violation of the Smith Act which is a chimera.
makes it a crime to advocate overthrow a Party members and fellow travelers
of the Government by force, The validity
of the Smith Act which has previously
been upheld by the Supreme Court was
not at issue. Only its application was
tested.
The cther case involved a witness be-
re o Congressional committee who Was
ted for contempt for refusing te g-
ayer” questions about association with
Communists or suspected Communists.
In this case the Supreme Court ruled
‘that a committee must be specific in its
questioning and show that its questions
have poin’ and relevancy. —
ave defected and it is a question wheth-
er the remaining handful of diehards
could mount -a conspiracy that would
do more than draw tired yawns from the
most radically inclined.
Again, in both decisions, and with
acknowledgement that the Communist
danger is not imminent, the Supreme
Court applied gentle brakes to those
twho, in their zeal, might be inclined to
‘push restrictive measures too far, to the
detriment of all citizens. -
The Communist atmosphere in this
ountry is not conducive to hysteria;
/ | Phere is no need, then, for too vigorous
ue decision in the Smith Act case | peasures which in the name of security,
centered around the issue of forth- | €ndanger freedom and liberty.
right advocacy of violence as opposed We doubt that the Supreme Court has
to the theoretical or abstract principle jlet the bars down. . ‘ !
expounded without instigating direct _ Rather, we interpret the decision as
action. gentle. warning not to get exicited wh
Therein lies a fine distinction which iIthere is, at least momentarily, no ca
it will be difficulesias.many Americans for excitemeng
ito discern. |. 4 ‘y
here they are used and under what con-.
Va Tele. Team.
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