The people's voice., 1951-06-22

where reason is left free to COM
bat it,"
Lincoln, who himself was later t.
see the country engage in civil wal
said on the floor of Congress in 184o
"Any people anywhere, being in
clined and having the power, hav'
the right to rise up and shake off th'
existing government, and form a nev
one that suits them better. This il
a most valuable, a most sacred righ
"a right which we hope and believe
is to liberate the world.
''More than this, majority of any
portion of such people may revolu
tionize, putting down a minority, in
termingled with or near about them
who may oppose this movement. Such
a minority was precisely the case OF
the Tories in our own revolution"
What a strange and distressing
contrast a century and more pre-
sent. But now the feeble little ma
tion has grown to be the strongest
rower in all the world. Yet the
successors of jefferson and Madi-
son in high office are not merely
less bold. They even retreat in
fear of free exchange of ideas.
This is the context in which the Su-
preme Court decision in the case of
the Communist leaders must be set.
Chief Justice Vinson, speaking for
himself and Justices Reed, Frank
furter, Jackson, Burton and Minton,
leads the gravest departure from the
guarantee of freedom of speech in
our history.
These six justices say that the
Communists by organizing ITO teach
and advocate the overthrow of the
Government of the United States by
,orce and violence created a clear
md present danger of an attempt to
overthrow the government by force
md violence"
They cite no overt acts of force.
They present no record of violence.
They find no danger both clear
nd present through teaching and
dvocacy alone.
Never before has such a restriction
een placed on the right to hold opin-
ons and to express them in the Unit
d States of America.
What is important in this case is
ot what happens to the Communist
eaders. AS the Post-Dispatch said,
october %, 1949, if these defend
nts have engaged in treason or in
riminal conspiracy let them be so
narged, tried, convicted and impri-
oned. If they ought to be indicted
5 saboteurs or unregistered foreign
gents let the proper actions be
rought under the proper laws. Few
IN hold a brief for these men or
leir hateful doctrine of discord and
ssension.
What is important in this case
s what has now been done intern
lily to our own historic security.
The two Justices who have the
to dissent against this self
wound do so with words
hat history will mark.
Justice Black says: "This is viru-
Mt form of prior censorship of
eech and press" Deploring its
down" of the First Amend
ent, the senior justice holds the ap-
ed sections of the Smith Act "un-
on their face" Look
: to the future he says:
Public opinion being what it now !
few will protest the conviction of
ese Communist petitioners. There
hope, however, that in calmer /
hes, when present pressures, pas
MS and fears subside, this or some
er court will restore the First I
1endment liberties to the high pre- 9
red place where they belong in a e
e society,"" ?
Justice Douglas joins Justice Black q
n this memorable protest: p
"Never until today has anyone
,riously though that the ancient
W of conspiracy could constitu- :,
onally be used to turn speech into =
ditious conduct. Yet that is pre-