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ad: { Cll oon mbhaoh =: yes MEeewe FF a6 especially in ftems in short 4. Revive the ides that the Comamuniat Party is just ao- other political party. { ig the Conant pee cena fats prvin rs a previcus in brought about the “spirit of pasos | Decisions in 15 Cases In the last 15 months the United States Supreme Court has decided 1S cases which directly affect the right of the United { States of America to protect itself from Communist subversion: 1, Communist Party 0. Subversive Actietties Control Board The Court refused to uphold or pass on the constitutionality of the Subversive Activities Control Act of 1950, and delayed the effectiveness of the Act. 2. Pennsylvania v. Steve Nelson The Court held that it was unlawful for Pennsylvania to prosecute a Pennsylvania Communist Party leader under the Pennsylvania Sedition Act, and indicated that the antisedition laws ol of 42 States and of Alaska and Hawaii cannot be en- fo 3. Fourteen California Communists 0. United States The Court reversed two federal courts and ruled that teaching and advocating forcible overthrow of our Govern- ment, even “with evil intent,” was not punishable under the Smith Act as long as it was “divorced from any effort to instigate action to that end,” and ordered five Communist Party leaders freed and new trials for another nine. 4, Cole 6. Young The Court reversed two federal courts and beld that, al though the Summary Suspension Act of 1850 gave the Fed- eral Government the right to dismiss employes “in the interest of the national security of the United States,” it was not in the interest of the national security to dismiss an emp! who contributed funds and services to a not-disputed versive organization, unless that employe was jn a “sensitive position.” 5. Service v. Dulles The Court reversed two federal courts which had refused to set aside the discharge of (John Stewart] Service by State Department. The FBI had a recording of a conversation between Service and an editor of the ro Commnnanist maga- zine “Amerasia,” in the latter's hotel room in which Service spoke llitary plans which were “very secret.” Earlier the ad found large numbers of secret and confidential State Department documents in the “Amerasia” office. The lower courts had followed the McCatran amendiment which gave the Secretary of State “absolute discretion” to discharge any employe “in the interests of the United States.” 6. Slochower v. Board of Education of New York The Court reversed the decisions of three New York courts and held it was unconstitutional to automatically discharge a teacher, in accordance with New York law, because he took the Fifth Amendment when asked about Communist activ- ities. On petition for rehearing, the Court admitted that its opinion was in error in stating that Slochower was not aware that his claim of the Fifth Amendment would ipso jecto result in his discharge; however, the Court denied rehearing. 7. Sweezy cv. New Hampshire The Court reversed the New Hampshire Supreme Court and Bald shot she Btn Canaral of Maw Harnchive uras urith- Hei that Wie ANGMHCY Wenera: OF New Saemmpsnure wes Wit out authority to question Professor Sweezy, a lecturer at the 1346 s we verrive activities. Examiners and of the New Mesico Supreme Court “We ion ‘one who has knowingly given his loyalties to the Communist Party for six to seven years during a period af responsible adulthood is a person of questionable character.” The Supreme Court substituted its judgment for thet af New Mexico and ruled that “membership in the Commu- nist Party during the 1930s cannot be said to raise substantial doubts about his present good moral character.” 10. Konigsberg o. State Ber of California The Met we esed the danisinns of thea California Cam a0 VARI TSVeTsCu US GLK GF Git WSC wai mittee of Bar Examiners and of the California Supreme Court and held that it was unconstitutional to deny a license to practice law to an applicant who refused to answer this ques- tion put by the Bar Committee: “Mr. Konigsberg, are you a Communist?” and a series of similar questions. fat Confidential feaen fF te” | rns fo Pet nit: tates Court reversed two federal courts and held that lencks, whew was oe ed of filing a false noo-Communist vit, must be given the contents of all confiden tig) FBy seers which were made by any Government witmess m case even though Jencks “restricted his motions to a request for af the pesos ta the teal bids fe the fidie’s production of the reports to the trial judge for the judges inspection and determination whether and to what extent the reports should be made available.” 12. Watkins v, United States The Court reversed the Federal District Court and six judges of the Court of Appeals of the District of Columbia, and held that the House Uv-American Activities Committee should not require a witn~«s who admitted, “I freely co-oper- ated with the Communist Party” to name his Communist asso ciates, even though the witness did not invoke the Fifth Amend- ment. The Court said: “We remain unenlightened as to the subject to which the questions asked petitioner were pertinent.~ 13. Raley, Stern and Brown v. Ohio The Court reversed the Ohio Supreme Court and lower courts and set aside the conviction of three men who had re- fused to answer questions about Communist activities put io them by the Ohio Un-American Activities Commission. 4. Fiaxner v. United States The Court reversed two federal courts and set aside the conviction of Flaxner of contempt for refusing to produce records of alleged Communist activities subpoenaed by the Senate Internal Security Subcommiivee. 18. Sarher o, United States The Court reversed two federal courts and set aside the U. 3, NEWS & WORLD QEPORT, Avg. 16, 1957 Filae!! aipen ries Onen ny cm