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Supreme Court — Part 26
Page 90
90 / 116
ee meee .
Ruling on Passports Called
‘Blow. to National Policy:
Tolac
Board
Hi
emergency existent in
world at present. Henee Communists
5
i
meget
od *
éouniry.”
_ , Lawrence
time of peace. there might very well be no
problem for us to decide, since petitioners
then would not need a passport to leave the
The five justices who think it is very
Important for an individual to travel where
he pleases and do what he wishes abroad to]
denounce his own government and its poli-
cles are Justice Douglas, Black, Brennan.
sympathizers resident in
may that “were this a
Frankfurter and Chief Justice Warren, The
| inference is plain that the individual's pleasure and desirea
supersede the righte of the government which represents the.
millions of ather individuals who want their security protected
Arguments Contrasted .
“Fravel abroad, like travel within the country,” says the.
‘majority opinion. “may be nec-
essary for a livelihood, It may
ibe As close Lo the heart of the
[individual as the choice of what
he eate, or wears, or reads.
| reedom of movement ts basic
lin our scheme of valucs.”
But the dissenting justices—
“{Clgy&k, Whittaker, Burton and
{Harlan—tiink that freedom to
travel must be limited by the
‘government that issues the
“passport and that in war time
or national emergency there is;
asx that an individual travel-
ing abroad may give aid and
comfort to the enemy.
The five justices in the ma-
. - irnoarm saninesn thet thea
jority opinion declare that the
Supreme Court in the past had
‘decided that the movement of
citizens could, of course, be re-
stricted in war-time but that
this was true only on a show-
ing of “the gravest imminent
danger to the public safety.”
Who is the better jadge of
when the public safety is en-
@angered? Five justites ¢]
z of
oyurt who seem''to have bes
eeme bind to the Communist
menace end the infiltration or
mubversion practiced by agents
_ of Communist tmpertalism in
‘ every country tn the world, or
F the Department of State which
_
' Truman Proclamation Cited
The majority of the Justices
iffatiy gav that ne condition of
‘emergency exists at present
lout the dissenting Justices point
‘oul that the proclamation tis-
sued by President Truman in
1986 declating an emergency is
still in effect. His formal state-
ment said that “world conquest
by Communist imperialism its
{the goal of the forces of ag-
_j#ression that have been loosed
japan the wertd’ and that ‘the
increasing menace of the forces
jot Communist aggression re-
‘quires that the national defense
‘of ihe United States be
strengthened as speedily as
possible.”
The four dissenting Justices
gum it up in these words:
“In a wholly realistic sense
there fs no peace today, and!
there was no peage in 1952,"!
This was the date when Con-:
gress ahd the President took;
action bott Lelieved. was ade-
a
tians arie(ne eit Af wae bt
mime
Set Shakar 1B Vu VE Wel Mub NOD
clearly defined as yet. Chair-
man Walter of the House
Committee on Un-American
activities is already Planning
to introduce such @ measure.
There are. however
the majority opinion that
_ wimost ‘ANY Measure to control
jthe. issuance of passporis in
“peacetime” my be struck down
by the court.
,_ Thus have the majority of the
Supreme Court again th
the international polictes of
United States government tn
fighting communism. They have
Said, In effect, that Americans’
who go to Soviet Russia and
maké speeches there denouncing
the United States cannet have
thelr passports withdrawn. Por
all this apparently js part of
“freedom of belief" and “free-
dom of association.” This is in
jline with previous decisions of
the present Supreme Court,
which has alreedy upheld the
right to preach treason as more
important than the rights of
millions of other Amerisans to
be protected against the efeots
Of tressonable activity inelde
find outside the United Stet
©1952, N.Y. Herald tribune fre.
-AIz8S-A
hints
pep iets 4
B
wear WEDORDED "|
v4 a4 niu 25 19
3
Wash, Post and
Times Herald &.,
Wash, News
Wash, Star
N.Y. Herald LJ
Tribune
N. Y. Journal-
American
N.Y, Mirtor .
N.Y. Daily News —
N.Y. Times
Daily Worker
e ft
The Worker —————
New Leader -.+p—=
5 awe Whee ="
idormation from here J ~, 1
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