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Supreme Court — Part 26

116 pages · May 11, 2026 · Broad topic: Politics & Activism · Topic: Supreme Court · 108 pages OCR'd
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ip O38 Mev. 1-20-37) 3 yess ame Ci uling Called Harmtul rome Cit Rl to Stem Subversion of the 5u- the United their eyes 5 wo Amer there are no tan roape stationed in West~- quarding the armistice line every day in Koreas, and there are no gofditions of emergency existent in the world at present. Hence Communists and Communist sympathizers rea- ident in this country are en- titled to passports with the seal of the Government of the United States on them and are free to flaunt such & passport anywhere in the world! Four members of the Su- preme Court, on the ather hand, say that “Were this a time of peace, there might very well be no problem for us to decide, since petitioners then -would not need a pass- port to leave the country.” The five who think it is very important for an indi- vidual to travel where he pleases and do what he wishes abroad to denounce his own Government and its policies are Justices Douglas, Black, Brennan, Frankfurter and Chief Justice Warren. The inference ts plain that the individual's pleasure and de- aires supersede the rights of the Government which rep- Tesents the millions of other individuals who want their security protected. “Travel abroad, lige travel within the country,” says the Majority opinion, “may be necesaary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is Ddasic in our echeme of values.” But the dissenting Juatices —Clark, Whittaker, Burton and Harlan—think that free- dom to travel must be limited by the government that is- sues the passport and that in wartime or national. emer- acncy there is a risk that an indiviaal re i) abroad 455 JUN 20 i$ss may cive aid and comfort to the enemy. The five justices in the majority opinion declare that ‘the Supreme Court in the past had decided that the movement of citizens could, of course, be restricted in wartime but that this was true only on a showing of “the gravest imminent danger to the public safety.” Who is the better judge of when the public safety is endangered? Five justices cloistered In the chambers of a court who seem to have become blind to the Commu. nist menace and the infiltra- tion of subversion practiced by agents of Communist imperiaham in every coun- try in the world. or the De- partment of State, which has available up-to-the-minute information from everywhere as to the dangers to the safety of the American people? The majority of the jus- tices fiatly say that no condi- tion of emergency exists at present, but the dissenting justices point out that the proclamation issued by Pres!- dent Truman in 1960 de- claring an emergency is still in effect. His formal state- ment said that “World con- quest by Communist itm- perlalism is the goal of the fore: of aggression that have been loosed upon the world” and that “The in- creasing menace of the forces of Communist aggres- sion requires that the na- tional defense of wie United Biates be strengihnened as speedily as possible.” The four dissenting jus- tlees sum it up in these words; “Th @ whouy Tealisiic sense there is no peace today, and there was no peace in 1952." ° This was the date when Con- qvese and the President took action both belleved was ade- quate to control -the issuance of passports. But the five justices con- atituting the majority have chosen to disregard what any Pac eebort fo o Cort ) sinmndinist Danger? | commit ot Cbeit Communist or guided person who ien't a Communist might de during his travels abroad that could embarrass the United States Government in the carrying out of ita policies. There is no way, for instance, ta watch citizens carefully who are doling damage to the United States. Ths country has no right of surveillance abroad such as tht FBI can exercise at home. The moment « pass- port is granted, a Commu- nist sympathizer can have access to places abroad where It might “be undesirable for the United Btates to have him goas, for {nstance, to Pio with or get instructions from agents of a foreign es- Pionage apparatus. The majority of the jus- tices concede that Congress could pasg a law specifically withholding passports under conditions arising out of war but not clearly defined as yet. feist Braet Fs! Wealtas nt fee Ne tid SE ¥F BLUE wi MMS House Committee on Un- American Activities is already Planning to introduce such a measure. There are, however, hints in the majority opinion that almost any measure to control the issuance of pase- Porta in “peacetime may be struck down by the court. Thus have the majority of the Supreme Court again thwarted the international policies of the United States Government in fighting com munism. They have said. tn effect, that Americans who #0 to Soviet Russia and make speeches there denouncing the United States cannot have thelr passports with- drawn. For all this appar- ently Is part of “freedom of belief” and “freedom of aaso- ciation.” This is in line with pre- Vious decisions of thé prés- ent Supreme Court. which has already upheld the right to preach treason as more imp: Lunt than the rights of millions of other Ameri- cans to be protected against the effecta of treasonable ac- tivity inside and outside the United States. CReereduction Rights Reserved? wee 4 2 oP a wane op BP sa _—_— Boardman Belmont Mohr Nease Parsona ____ Rosen ____ Tomm —____. Trottier Clavtan Tele. Room, — Holloman Gandy fi ” T0 IN 6% - Lena ©. el —_ [om =. te =] —_ wo ur a eee TE Wash, Post and Times Herald Wash, News Wash, Star Az N. Y. Herald Tribune N. Y. Journal- American N,. Y. Mirror N. Y. Daily News — N. Y. Times Daily Worker The Worker New Leader ____— ee Dave AUNT 8 185° Lh.
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