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Supreme Court — Part 21
Page 33
33 / 109
/ 0-19 (11-22-55) .
L ols
WHAT THE COURT. DID 6 MS oo
ya MEN of the Extreme Right are stu ickingal the ohr____4
* ry
Ww) Supreme Cont “ee incone great. obscene chors. The Parsons
sueeessors of the bite Joe MeCarthy are esides themsch es Rosen
with sage at the high couts decsion in the Califoruia cay Tamm
Sinith Act cise. Nease
“Enpeach Tem,” the New York Daily News Iroadly reed
suggests. And Disieckat congressman George W. Andrews Holloman
from Louiiina sneers that two groups “cant Jose” a case Gandy
before the Supreme Cout-the Cominunists amd the Na-
tienal Association for the Advancement of Colored Peo-
ples. Clearky this gentleman opposes both civil liberties .
and civil sights.) df
Why the leat ahout the decision? 0
The majority opinion does not nullify the decision of
951 ofirming He constitationwlity of the Sinith Act. The . ay
nai ity did not do what Justices Hugo TL. Black and - ~E "
Willian ©. Douglas urged, that is, return squarely to tradi- fyi , r i
Honal freedoms of apeech, press aud assembly ats guaran: f-
tecd hy the Vist Anmeadment.
What the Court did do was to limit sharply the drag-
net character of the so-called conspiracy indictinents ander
the Smith Act with its flimsy informer evidence, frequently
remote iu time. The anajority opinion threw out the so-
called “organizing” branch of the indictnent. pointing ont
that the Conmiunist: Party: was “organized” or “reconsti-
tute¢” in 1945. at the very latest. Therefore. under the kaw,
iadidtments that were handed down morg than three years
after 1945 were barred by the statute ‘f lintitations,
The najority opinion isa emphasifed the difference
hetween “edvocacy” and “iueitement” to action—a differ
ence that trial jodge Williany Mathes had failed to bring
out during his instructions to the jury.
‘These are relatively fue legal points which will es- N. ¥. Journal
cape most laymen. They do not meet the issue as sought American
hy Black and Donglas—that political ideas and associations N. Y. Times
are protected by the First Amendiment aud that Con- Wash. Post and
gress cannot Te “wistate about them. The Smith Act, they Tj
imes Herald
vasseTt, wars unconstitutional when adopted in 1940, when
rpassed upon by the Supreme Court in l95' and unconsti- Wash. News
Mition: al today. Wash, Star
Whe high count did net restate this basic deanocratic N. Y. Herald
nein. What it did was to limit sharply the extent of the Tribune
witeldniut. N. Y. Mirror
Botoeven this drives wild) Uhe Easthurds, the Miandts, . ¥. Daily News —_.
‘the Walters. the Departnent of Fustice crowd. Jo Uda ally Worker _.S
Hoover, the rest of the cold warriors aad others who live The Worker
aovested interest in the contimnation of the witchhunt. New Leader
Phe decision was, of course, avie tors for all fiberte-
Joving Americans, irrespeetioe of political views. whe stand
mo the Bill of Rights, The trade noiow qageciient, boo, Date 4-20-57
stiaes\in thas victory.
ON eo dabors existence and peowdh is boOwgd np i
tf | Wile Ce mraiteaarice: ati id vatension af” civil Tdserties. Sere. = —
* —
: ;
Ty it will Fad itscM ranged with other densocratic Aiiuric IGT RECORDED —
cans oo deleat the men of the Right now beating the anti nor kL 3 135°
SRPLCHe Court fous topis, . .
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