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Supreme Court — Part 21
Page 31
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a o\Supreme. Cour Ends AnEra ——
The ‘supreme Court Monday handed
down two decisions that may be considered
the official end of the dark era of mccarthy-
ism.
The court sharply reminded all branches
of the government that Americans cannot
be punished for their beliefs or their asso-
ciations. It told Congress that its powers
of investigation are not unlimited and that
it has no power to conduct “ruthless ex-
posure of private lives” merely for the sake
of exposure.
In the first case, the court ruled that the
Smith Act, under which many Communists
have been convicted for conspiring to ad-
vocate the overthrow of the government by
force does not forbid such advocacy as an
abstract principle. There must be “teaching
in the sense of a call for forcible action at
some future time.” There can be no con--
viction for “advocacy in the realm of ideas.”
In the case at issue, 14 California Com-
munist leaders had been convicted in 1954.
The trial court did not require that a guilty
verdict must be based on action, not ab-
straction. The high court therefore ordered
that nine of the defendants be tried again
because there is a possibility that they, like’
_ others who have been convicted, did advo-
cate action. But it ordered five other de-
fendants freed on the ground that none had
been guilty of more than membership or
officeholding in the Communist Party.
Thus the court is saying that an Ameri-
can can be punished only for doing some-
thing subversive and not for his belief in
doctrines that may be unpopular or even
subversive.
In the second case, although the late
Sen_ McCarthy was not involved, the high
court's finding constituted an indictment of
5x4 11 1957
the methods he used. The court said, “In-
vestigations (by Congress) conducted solely
for the personal aggrandizement of the in-
vestigators or to ‘punish’ those investigated
are indefensible.”
The court reversed a contempt of Con-
gtess sentence placed on John T. Watkins,
Rock Island, Hl., labor leader, for refusing
to answer certain questions put to him by
the House Un-American Activities Com-
mittee in 1954. He said he had never been
a Communist but had associated with many.
He identified some he believed still to be.
party members but refused to identify former
members he believed had left the party. He
thought their identity was none of Con-
gress’s business.
The high court ruled that Watkins was
within his constitutional right to refuse this
information since it had not been made clear
what useful legislative purpose it would serve.
“We simply cannot assume,” the court
said, “that every congressional investiga-
tion is justified by a public need that over-
balances any private rights affected ...
{such investigations) can lead to ruthless °
exposure of private lives in order to gather
data that is neither desired by the Congress
nor useful to it.”
This decision should write an end to
irresponsible congressional witch hunts that
trample on individual rights. The co
pointed out that with proper care for suc
rights, congressional committees can sti
get information they are rightfully entitled t
Some persons may criticize the court
decisions as a return to “coddling” of Com-
mounists. We believe they are a return to
basic American principles of respect for
individual rights, principles that_werg for-
gotten during the McCarthy era.
ae
Mr, Ros
Ms. Tan 2.
M. oe wD
M:. Nate —_—o
Tele. Room -—-
Mr. Holloman
Miss Gandy..—-
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oT RECORDED
44 JUL 10 1957
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