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ACLU — Part 03
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Ly Bullctin i
"The Kiracle"---on the grounds that it was sacrilegious
was unlawful censorship
It also ruled that motion pictures, as such, were entitled to free-speech guarantees
OHIO UN-AMERICAN ACTIVITIES COMMITTEE MAKES REPORT
In a report to the state legislature, the Ohio Un-American Activities Commis.
sion has called for some of the toughest anti-subversive legislation yet proposed.'
The commission, which went out of existence on December 3l, also asked the lawmakers
to revive its investigation into Communist operations in the state.
The strongest proposals of the commission were those calling for laws that'
would make it a felony, carrying a penitentiary sentance, to: (1)~help form, contri.
any act dedicated to violent overthrow of the state or federal government; (3) destroy
records or secret funds of subversive. groups..
The commission went on to stress #the clear and present danger of the Communist
Party" and asked for laws to dissolve Communist organizations, bar Communists and
members of 'other subversive organizations from holding special privileges or licenses,
and make refusal to testify about Communist 'activities prima facie evidence of Con
munist or front-organization membership..
During its statewide investigations, the commission cited 20 witnesses
refusing to say whether they were or had been Communists.
.So-far scven-of-the
witncsscs lave been indicted by grand juries. The commission has'cstimatcd that.
are about 1,300 Communists in the state..
ACLU groups in Cincinnati and Cleveland have strongly criticizcd the pr
and tactics of the investigating committee. The Cincinnati branch, after the
mission reported, asked the legislature to cnd the commission's activities and'to?.
to dctermine why the ccrnission releascd tcstimony of a witness "in reckless disre-
gard of thc libertics and livcs of the people who might bc adverscly affected thereby
committecs in our society and the devclopment of procedures and safeguards
against repetition of civil liborties abuscs..
U.S. COURT RULES CONGRSSIONAL COMMITTEE PUBLICITY MAY PREJUDICE TRIAL
One of thc more unusual lcgal decisions of the past few months has come.fr
investigating committce looking into corruption stirs up nationwide publicity agair
a govcrnment official already under indictment, that official may gct an adjournme
of his trial in order to lcsscn the danger of prcjudice to him.
Thc court's ruling came in a case involving Denis w. Delaney, one time colioc
tor of intcrnal revcnue for thc district of Massachusctts. Delaney was indicted ing
Septsmber, 195l, for recciving payments aimed at influcncing his dccisions and for.
making false certificates of thc discharge of tax liens. .
In October of thc same ycar, the Housc Subcommittcc on Administration of*
Internal Rcvenue Laws - the so-called King Committec - bogan hcarings focuscd on the
charges against Delaney. Many of the witncsscs callcd were those who had tcstifiea
before tho grand jury.
In addition, the investigators dug into othcr aspects or.
Delaney's lifc, among them an alleged bankruptcy and a charge of cmbezzlcment.
Although thc tcstimony against him had widc publicity, Dolancy.was ncither.called?
invited to apncar beforc the committee..
Because of the adverse press reports, Dclaney asked for, and"got, a postpon
ment of his trial - for one month. Howcver, his petition for a further delay was.
turned down by a district court..
This, said thc court of apncals, was an crror.
Delaney should have had
her continuation to givc thc 'furor a chance to dic down.
Thc court madc its ruling not' as'a mattor of constitutional.law,
what it thought to bc propcr supervision of procedure in fcderal courts.
bodics, or whcn proccedings are hcld in state courts.
And the court did not'ru
bcforc the hearing
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