Evening star., 1954-12-23
Law Requiring
Listing Of Reds
Upheld by Court
Continued From First Page.)


CONTINUED From First Page.)
sanctions imposed on members
make it impossible for them to
obtain a passport and alien
members are deportahle and
ineligible for naturalization.
Organization mail and broad
casts must be identified as orig
mating with Communist or
ganization and tax deductions
and exemptions are withdrawn.
The act requires Communist
action groups to register the
names of its members with the
control board and to- furnish an
accounting Of its finances to the
board.
Attorneys for the Communist
Party had argued that the act
together with its registration re-
quirements violated constitu-
tional safeguards against in
fringement on freedom of belief
and compulsory self-incrimina-
ton.
But the court brushed these
contentious aside.
/. Law Held Valid.
Judge E. Barrett Prettyman,
who wrote the majority opinion.
held that the law and an order
of the Subversive Activities Con-
troll Board directing the narty to
comply with its provisions +are
valid as matters of law"
He said a preponderance of the
evidence supports the boards
findings that the Communist
Party '"is substantially directed,
dominated and controlled by the
Soviet Union, which controls the
world Communist movement"
Judge John A. Oanaher Joined
Judge Prettyman in the majority
opinion, but Judge Devid Bazelon
diSsented. saying he would void
the law on the grounds of Fifth
Amendment
This amendment provides that
no person shall be required to
give discriminating evidence
against himself.
Sees 5th Amendment Violation.
Judge Bazelon based his dis
sent on what he interpreted as
violation of the Fifth Amend
ment against Standardization.
Suppose an act of Congress
required bands of bank robbers
to file with the Attorney General
statements of their membership
and activities. and imposed
criminal penalties upon their
leaders and members for failure
to do SOP" the jurist asked.
"Such an act would compel
individuals to disclose their con-
nection with a criminal con-
spiracy. No argument could
reconcile such an act with the
Fifth Amendments command
that no person -. shall be
compelled in any criminal case
to be a witness against him
SELF" Judge Bazelon wrote.
Deny Freedom of Action.
But the majority opinion de-
clared:
Moreover, the right to ail-
impeded expression of use does
not apply to unimpeded con-
duct"
The court added:
THAT the protection which
surrounds speech does not en-
compass action is well estab-
lished."
It continued:
"It seems clear to us, that, if
Congress, in order to protect
interstate commerce can validly
deny the privileges of union Of
fces to members of the Com
rnunist Party because of the pro-
gram of that party, it can. in
order to protect the Government
itself, impose restrictions upon
adherents of a world Communist
movement such as that described
In this statute. :"
In striking down the argument
that the act violates freedom of
speech and belief, the court de-
clared: The right to free ex-
preston ceases at the point
where it leads to harm to the
Government.
Note Present Danger.
The opinion continued: When
danger to Government is clear
and present. the right of un-
restricted speech gives way as
do the other basic rights of
liberty and life
The activities of a world Com