Evening star., 1953-09-11
Pastor, Cleared Of Contempt,
Halls Free-Speech Victory

An Arlington pastor whose
contempt of court conviction was
dismissed by the Virginia Su-
preme Court of Appeals looked
on the decision today as a reaf-
firmation of freedom of speech.
press and religion.
The Rev. Ross Allen Weston
of the Arlington Unitarian n
Church made the comment after
the courts decision yesterday in
Staunton.
He and the American News
paper Publishers Association
had raised the issue of breach
of guarantees of freedom of ex-
preston when he was given
suspended fine of 500 and costs
last year. In a sermon, Mr..
Weston had criticized a decision
by Arlington Circuit Judge Wal
ter T. Mccarthy which upheld a
law banning Federal employees
from holding certain State and
local Offices.
May Not Abuse Right.
The Supreme Court, however,
had this to say in its unanimous
opinion:
I'VE cannot say. as counsel
for the defendant (Mr. Weston)
would have us say, that any crit
ical utterance with respect to
judicial conduct in an ended
case, however libelouS. insulting,
or contemptuous it may be, is
protected against a contempt
prosecution by the constitutional
guaranty of freedom OF speech
and press.
Freedom of speech is right
which the courts have zealouSly
guarded and maintained. But the
right has it's limitations and the
State may punish its abuse. The
right may not be exercised in
such manner as to destroy re-
spect for the courts, the very
institution which is the guardian
of that right i"
Mr.. Weston, who had prepared
to fight his conviction all the
way to the United States Su-
preme Court, issued this state
ment when told his conviction
had been dismissed:
THE decision of the Virginia
Supreme Court is especially graft
flying in these days of fear and
hysteria. am glad that the spirit
of common justice is still alive
in the high court of Virginia and
that it has reaffirmed freedom
of speech, press and religion.
Grateful for Support.
"I am profoundly grateful for
the support of the Unitarian
Ministers Association, DR.. A.
Powell Davis. and my attorneys,
c. O'Conor Goolrick, James Ash
by, jr., and Wendell Berge, and
particularly for the moral en-
couragement which I received
from my congregation and other
friends throughout the country.
"I do not regret having
preached the sermon at all. I
felt a moral obligation to say
what I did. I did what I felt
was the duty of a minister"
The court said that undoubt-
edly the weight of legal author
ity is to the effect that criticism
of the conduct of a judge with
respect to matters finally dis
posed Of does not constitute con-
tempt, even though it may be
libelous. Judge Mccarthy had
finally disposed of the Govern
ment employe case by the time
Mr.. Weston's remarks were
made, the court observed.
Mr.. Weston had cautioned his
congregation to "be alert to the
encroachments on the freedom of
persons" and warned against the
wicked designs of the illiberal.
Sometimes these GlliberaD
forces are clothed in the gown
of the justices of the law"
Discounted As Insult.
Commenting on the sermon,
the court said. by implication it
may be interpreted as charac-
terizing the judge as a member
of the 'illiberaP forces. or one
whose views are conservative.
But such is not generally ac-
eepted as an insult. Indeed,
some persons. including judges,