Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1950-06-03
Silent Diffusion
From The Churchman

Of all the Congressional citations for contempt
Whch are currently being upheld in the Supreme Court
perhaps the most dangerous in its effect the consti
tuona rights of the American people is the courts re-
fuSal to review thus far the case of George Marshall
former chairman of the National Federation of Consti-
tutIona Liberties Unless the high court grants review
within the next few days weeks, Mr. Marshall will be
imprisoned on the sole charge of silent diffusion of
Subversive doctrine"
During the war; the n F. c. L. was active in the
fight for passage of anynching and anti-pol tax leg
slatlon IN defending Negro victims of jim Crow and
frameups, and in demanding the abolition of the House
Committee on Un-American Activities
Following its publication in 1912 of a carefully
documented pamphlet which indicated how Dies and his
committee had shielded the native SeditOniss Dies took
the floor of the House matter of personal privilege
oStenSIby to answer the charges made against him in
the pamphlet But without answering the charges he
proceeded 20 smear the n. F. c. L.
Four years later, when the committees witch hunt
began to move into high gear, Mr.. Marshall sub
poenaed to appear before the committee He was asked
to submit lists of contributors to his organization
well other records of the internal affairs of the n F.
C. h. Mr. Marshall did what any defender of constitu-
tOnal rights any church leader would have done He
courageousy refused to accede to the committees de-
mands on both moral and constitutional grounds
At his trial. the sole evidence presented by the prose-
cuton was Dies 1912 speech, made under cloak of
congressional immunity In addition the organizations
literature pamphlets open letters publicity releases
newspaper advertisements, etc. placed before
the court as they had been before the committee
In UNFOLDING the three-month jail sentence and the
$500 fine pronounced against him. the Circuit Court of
Appeals could not find that its literature was un-Amer
can" 'subversive The conviction affirmed sole
ly the theory that there possibility that the
organization might have engaged in spreading subver
propaganda secretly and silently. Of this there was
neither charge proof.
Osmond K. Fraenke, noted civil liberties attorney
who is representing Marshall has said in his latest petit
ton:
at would be novel indeed if person had to go to
jail for not having obeyed subpoena, the only justca
ton for which is assumed and improved silent diffus
ion' whatever that might mean How person
establish that he his organization has not engag
ed in activities of this Elusive and defined character?
To permit conviction under such standard would be
denial of due process"
If the Supreme Court refuses to grant George Mar
shall review, any committee of Congress which does
not otherwise have the right to obtain the financial
ords and lists of contributors of organization do
merely by having one of its members create 'evi
dence under the cloak of Congressional immunity And
now that the Mccarthy has afflicted Washing
on any organization including the church, advocating
TIE slightest social Improvement differing to any de-
gree with the political philosophy of those presently in
office is in danger of the outrageous treatment
Every student of Christian history knows what such
houghtrepression and what it may lead to.
Progressive chuchmen and church groups should speak