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Supreme Court — Part 21

109 pages · May 11, 2026 · Document date: Jun 18, 1957 · Broad topic: Civil Rights · Topic: Supreme Court · 109 pages OCR'd
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{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. ‘ Mr. Heads vee Miss Canty 7 * ra ——— ao re ocr Tha Worker A oe ) } me VV ) -_-—--- aay, Dat iE
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