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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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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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