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Supreme Court — Part 24
Page 41
41 / 55
0-19 (Rev. 9-7-56}
a wer Se ae
version were pra
' ‘lthe Supreme Court Headed?” .
Characterizing the
tf eral.
Thurmap“Arnold,
‘ moderator,
Four Major one” ;
Highlighted in the discussion
‘lwere the following Cases: :
1. Jencks,
am, cee
ymust Be opened to his Inspec-
tion. _.
2. Yates, in which the court
held that the Smith Act does
not prohibit advocating or
teaching violent overthrow of
pine Government as an abstract
Drineiple divorced from any ef-
* fort to instigate action.
3. Sweezy, in which the court
held that a contempt conviction
Fore mah who refused ta answer
questions of a New Hampshire
. legislative committee as to a
university lecture he
“rights to due process of law,
High Coult’s [
Tp pe
On Subversion Debated
‘By HOW. L. DUTKIN are .,
Recent Bupreme Court} decisions in cases involving ‘ub.
i as "a dike against tyranny” and roundty.
eriticized aa “giving unWarranted protection to Communists” ‘by
! opposing speakers addressing an overflow meeting of the Dis-
trict Bar Association last night. -
The session,- held in the Maynower Hotel, revolved around
Tene topic “In What Direction is oe
court's decisions as ”‘dead
Jiright’ was rles Ls,
Boston lawyer an uthor
Presenting a sharply vivian
opinion was Louis Paw oman
New_Flampshir yen-f
‘a for-
: rer {mae Arool, the. U. 8, Court
of Appeals for the’ meses was
oe in which ‘the 8u-£
a preme Court ruled that per-
ard tinent reports of FBI witnesses
ett who testify against « defendant
gave
- Violated his Constitutionel
Decisions:
_rT
ye: is
T "68o
em
‘ point as he saw it was the “deep.
difference between belief and
or Sweezy, the speaker de.
clared the New Hampshire au-
thorities “neglected one thing.
the respect we all owe to the
thought we hate.” He told his
listenera that he, too, would
have declined to answer ques-.
tions about university lectures
or his friends’ affiliations unless)
a a
"I too thought they were sub-"
versive.”
Mr. Wyman hammered : at the
point that a wide gulf sepa-
rates political belief from mem-
bership in or advocacy of “the
Communist Party conspiracy
to do violence to all things we
hold dear.” .
Sees Encouragement :
He declared “these decisions
quite literally offer real encour-
agement to increased Commu-
nist activity . ,
The freedom | Speech and
ing | ox the Yates case,
action.” He sald that, in that
case, the court had to decide!
whether “wae and Congress are
teo scared and too angry to:
look at things and think clear-
= AS
‘aera, *
nothing can be done care
He noted that such teaching’
can be especially harmful it
the audience is, young ear
ressionable, <' . : _
Sees Progress Volaed = j
” The court decisions, he said,
sharply limited the investiga:
| tive process at & time when Tele.
Holloman
Gandy
K
menace. ; .
uch of the 5 progress that
has previously teen made in
checking Communist activity
has been wiped out by these
decisions, which in turn have
assigned a nebulous formula to
the Smith Act’s proscriptions
and pronounced ephemeral
concepts of pertinency which
E permit a witness to cite
& ATV,
(9.
Sweeny or Watkins as a reason
for refusel to answer with the
met result that nobody will
really know what he theans, yet
he gannot be prosecuted for
ree 445 daentetane \ Ao
CORLEMIPL DECAKLISE Lit Gtpiniis |
are thi vague.” . | f wa
Mr. old summed ap the
evening's discussion saying the
question et issue was: “Is there
a type of orthodoxy so danger-
ous that it should be outlawed
(even though it sannat be shown
\to lead to action?”
David G. Bress, president of
the association, announced that
j the tople for next month's
meeting 1 would be “The Atomic
e and Tis Impact on the
titear oe =
ow
Wash, Post and
Times Herald
Wash. News
Wash, Star ~ aor NAL
ya
belief amendment should be
; grace eld that wen the no defense where the question N. Y. Herald
‘lm Congressionat € subject o of communism is involved, Mr. LY Trib
pertinenes ot fame ana, the pweman brted. 0 N Y. Jon \
7) Pertinancy quest erican citizen,- wae « Y. Joumrnadl-
Bie be made iar fo * Alar piri ery the obligation. .. . that on American
‘leton, Mr. Curtis declatee- cout issues of loyalty to State and ~
it dt was to tell the vue} «Nation his life must be an N. Y. Mirror
Department to t e faut open book... .” the speaker N. Y. Daily News
oe ut UP of shut} declared, adding that the Pifth N. Y. Times
E Amendment against seif-in- af.
{Clark Remark Ctied 4 crimination and hot the Firat Daily Worker
7 7 The speaker asserted that Amendment is the that could The Work
' [ease would nat heave raised) ‘be invoked. . a he Worker
“such « stir if Justice Clark : Attacking the Yates dect- ew Leader ___-___-__-
not made what seems to me = ‘ston, Mr. Wyman declared that} t HIST ca :
egregiously uncalled-for remark! , ‘as @ consequence, “you can 5 “4 -9 Ih b0-
hen he said thet ‘unless Con-| J give lectures jn“school and ota -
lem a the rule, intelli- teach that eventusl overthrow “pas SPL LIST —
neles might_ss_ well | ft -
i
OSEP 24 19
\ F-
rr“
wy
ZA 27 i;
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