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Supreme Court — Part 21
Page 13
13 / 109
aa ais a
It is certainly no accident that
eee anos “ve two dramatic decisions of the
upreme Court upholding individual
a even of admitted Commu-
nists, were written by conservatives
&@ j appointed to the court by President
rd | Eisenhower. Surely the intent was
eeeaa to remove both opinions from any
me possible charge of fuzzy-minded
by pdical authorship. The court had in
ind something more important
_! fn abstract principles.
eee
Ae RE,
;
EDITORIAL PAGE
WEDNESDAY,
/ COURT SEEKS A BALANCE
Security and Freedom
JUNE 19, 1957
In reversing the contempt of Con-
gress conviction of John T. Watkins,
Chief Justice Warren attempted to
set modest limits on the investigative
powers of congressional committees.
In freeing five California Communist
leaders and ordering the retrial of
nine others, Justice Harlan tried to
re-define the Smith Act to make it
compatible for the First Amendment
guaranteeing free speech.
Both cases involved the delicate
balance between governmental powers
cessary for an orderly, and secure
spciety and the freedom of the individ-
1 basic toa our political philosophy
d religious faith. Clearly this bal-
ahce is never perfect, never at rest,
but like the poise of a tight-rope
walker requires constant compensating
movements one way or the other.
kk
What the court meant to say if
simply that in our recent preoccupa-
tion with national security we have
teetered too far in the direction of
increasing the powers of government.
The balance on which democracy
—_
- Stands may be lost if we do not vigor-
ously resume concern with the rights
of persons, particularly their right
to speak or remain sflent according
to their consciénce so long as they
do not thereby injure others.
Even go the court has been circum-
spect. In neither case has it defined
constitutional limits on congressional
action, Congress may still provide
broad suthorizations of power to its
committees but must do so in clear
specific terms, It may also reverse
; Justice Harlan’s reading of the Smith
63JUL3 1937
| Act but only by specific legislation
-passed after public debate,
In brief the court recognizes bo
. that excesses have occurred in the st
d that the present'climate of opinio
changed. It therefore asks th
branches of government to
hew reading of the public will.
ey
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ars ace
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y
von .
ie _ Ale column;
Tele. Room ____
Mr. Holiuman.,__
Miss Gandy
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