Evening star., 1955-01-06
Supremec couf Briefs
Call Securiiy selup
threat 10 freedom

The Governments personnel
loyalty security program vas at.
tackled In two Supreme Court
briefs today Is being more dan-
gerous than the Communist
menace it tries to control.
The briefs were fled in the
case Of DR.. John r. Peters, Yale
University professor Of medicine
who IN 1851 was discharged as q
special consultant to the surgeon
general In the Public Health
Service. The court last Novefl-
ber, agreed to review the action in
dismissing Or. Peters as q Sc
curity risk.
The American Civil Liberties
Union filed q brief In behalf Of
DR.. Peters. The second brief
was submitted by his attorneys,
the Washington firm Of Ar
mold. Fortas, and Porter. Both
briefs amplified previously sub
mitted statements to the court,
contending that, the Govern
ment's loyalty-se proceed
ings violated the Constitution
by denying due process of law to
employees subject to dismissal
after hearings at which they had
no opportunity to confront and
cross-examine confidential in
| frofnants.
Questions Standards.
IF the existing loyalty-secur-
ity procedures do not present
a greater risk to the national
security than does the alleged
need for protecting the conf
Dental inforrnars." the ACLU
brief declared, I'VE respectfully
submit that the term national
security has lost its meaning.
National security is not q prop
which may support the Govern
ment's case. Rather it is q test
which demands that loyalty
security procedures be fair In
order that our public servants
be permitted to serve the Ma
tion with freedom from fear"
The ACLU brief noted that
the Peters case does not deal
with the rights Of Communist
Party members but involves the
right Of an American citizen not
to be branded as disloyal by his
Government without due pro-
cess hearing" The brief main-
tanned that the loyalty security
procedure, by relying so greatly
on confidential iY1forfmants, is q
fundamental danger to American
freedoms
Apart from imposing ortho-
doxy and sitting expression and
intellectual curiosity, the pro-
| cedures have disrupted and de-
! layed the essential work Of
scientists in the field Of secret
research vital to national de-
| lenses; caused scientists. en-
gineers and technicians to 60 into
| unclassified and non-secret work
when their services are most
needed in classified projects:
severity impaired Federal employe
morale and caused many re-
spopsible officials to resign; de-
nuded the Federal civil service
Of courageous and independent
men: and discouraged our best
talents and minds from entering
Government service"
File Detailed Brief.
The brief filed by attorneys
for DR.. Peters was considerably
more detailed than the prelimi-
nary brief they filed last fall,
This brief recalled that the
Supreme Court split four to four
three years ago in upholding
the dismissal Of another Gov
ernment employe. Miss Dorothy
Bailey, as a loyalty risk. The at
torneys said the loyalty security
program which then was based
on an executive order by for
mer President Truman was re-
vised by President Eisenhower's
order Of April. 1858. They con-
tended. however, that the basic
issues still remain and that three
yeats Of experience in the OPP
Grafton Of the program had
demonstrated conclusively "the
effect which abandonment Of
due process has had on the ca
reers and morale of Government
workers"
1--WE are convinced" they
stated "that the procedure in
this case does deal with the free
dom Of individuals. that 1t does