Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-04-09
High Court -4
Bars Red Case
Teacher Firing
Says 5th Amendment
Use Is No Cause for
New York DISCHARGE
BY ROBERT X. WALSH

The Supreme Court ruled
today in a 5-4 decision that New
York City illegally fired college
professor after he invoked the
Fifth Amendment before the
Senate Internal Security Sub
committee.
The decision read by Justice
Clark reversed the dismissal of
Harry Slochower as a professor
at Brooklyn College in New
York City because of his refusal
to answer some questions at a
Senate Internal Security Sub
committee session in 1852. The
decision said Dr.. Slochower' S
constitutional rights had been
violated.
/ Prof. Slochower was a New
York teacher dismissed for that
reason under a New York City
charter provision allowing dis
charge Of city employees who
refuse to testify before courts,
grand juries or legislative in
quiries on ground of possible
Self-lncrlmination.
The charter also provides for
such diSmissals in cases of
municipal employees who refuse
to waive immunity from prosecu-
ton for whatever testimony
they might otherwise give.
Four Fired Under Provision
In New York a spokesman fol
the Now York district attorneys
Office told The Star today that
four persons had been fired under
that provision. Three had APP.
pealed on different grounds. and
their appeals had been denied
by lower courts. Technically. he
said. that leaves them still dis
charged. The City Board OF
Education could be expected Il
review their cases. however. ir
light Of the Supreme Court
ruling,
Prof Slochower. the fourth
man discharged. will now &c
back on the payroll. the spokes.
man said, unless other pending
charges against him indicate the
city should do otherwise.
A District of Columbia per-
sonnet official said he knew of nc
provision il the District Code fol
dismissal Of active employees re-
fuSlng to testify under such
circumstances, and no employt
who had been dismissed for thai
reason BY the city.
The spokesman said that the
closest provision of the kind APP
pllcable to city employees would
be the sO-called Hiss Act which
applies to all Government en-
ployes and which permits tht
Withholding of pensions or an
nuities TO retired employees who
refuse on grounds OF Self-in-
elimination to give testimony
before grand jurieS. courts OF
congressional committees.
Reed Delivers Dissent
Justice Reed. joined by JUS
tees Burton and Minton. deliv.
cred a dissent and Justice Har-
land read a separate dissent OF
his own.
The majority opinion hello
that the summary dismissal OF
Prof Slochower violated due
process Of law,
AT the outset, Justice Clarl
wrote. we must condemn thu
practice Of imputing a sinister
meaning to the exercise of Z
persons constitutional right un.
der the Fifth Amendment. Tht
right of an accused person Il
refuse to testify was so important
to our forefathers that they
raised it TO the dignity OF a con,
stitutional enactment and II ha,
been recognized as one }. III,
most valuable preroPatives " ;
citizen.
The privilege against self
inclimination would be reduced
to a hollow mockery if its eXer,
else could be taken as cquiyalen
either to a confession Of gull
or conclusive presumption o
perjury The privilege serves u
protect the innocent who other
wise might be enSnared by am
: bieuouS circumstances.
Refused 1910 Information
Justice Clark noted that Prof
Slochower had denied he was (
member of the Communist Part,
See COURT, Page A.