Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-05-26
Congress Gag
|rnmunityFdces
High Court Test
Three Judges Split
On Case Involving
Communist Listing
By HOWARD L. DUTKIN

The right of a congressional
committee to publish any state
ments it chooses, regardless OF
the truth or defamatory nature
of the statements, has been up
held. 2 to /, by a special Federal
three-iudge court.
An appeal to the Supreme
Court was under consideration
The ruling, believed to be the
first of its kind to come from a
Federal court, held that such
committees have broad constltu-
tional powers with which the
judiciary cannot interfere.
The opinion yesterday dis
missed a move By the Methodist
Federation for Social Action to
prevent further distribution of
Handbook for Americans" COM
piled by the Senate Internal Sc
curity Subcommittee.
Opinion Of Majority
The federation, with headquar-
tiers in Gresham, Greg, had
complained that it was falsely
listed in the handbook as a Com
munist religious front. The fed
Grafton charged that not only
was the listing untrue but that
the organization had not been
given a hearing before being
listed. An additional $4,000
copies of the handbook had peen
ordered printed by Congress
The federation sought to enjoin
the printing and distribution as
long as it was listed as COM
munist front.
In dismissing the Federation s
complaint the majority opinion
held:
Nothing in the Constitution
authorizes anyone to prevent the
President of the United States
from publishing any statement
This is equally true whether the
statement is correct or not
whether it is defamdtory or not,
and whether it is made after a
fair hearing.
Similarly nothing in the Con-
titution authorizes anyone to
prevent the Supreme Court from
publishing any statement.
Judge Wilkin DiSSents
1--WE think it is equally clear
that nothing authorizes anyone
10 prevent Congress from pub
fishing any statement.
The majority opinion was
written by Chief Judge Henry
w. Edgerton of the United
States Court of Appeals for the
District. 1t was concurred in by
Judge E. Barrett Prettyman OF
the appellate court. Federal
Judge Robert N. Wilkin of the
United States District Court dis
scented.
The court declared that it is
up to Congress itself to take
whatever steps are necessary to
curb abuses.
If it unfortunately happens
that document which Congress
has ordered published contains
statements that are erroneous
and defamatory, and are made
without allowing the persons af-
fected an opportunity to be
heard. this adds nothing to our
authority. Only Congress can
deal with such a problem" the
majority opinion said.
At another point, it said: 1.-THE
premise that courts may refuse
to enforce legislation they think
unconstitutional does not sup
port the conclusion that they
may censor congressional lam
guage they think libelous. We
have no more authority to pre-
vent Congress. or a committee
or public officer acting at the
express direction of Congress,
from publishing a document than
to prevent them from publishing
the Congressional Record"
Cite Constitution
The court cited the Constitu-
ton as providing that members
of Congress be immunte from
questioning in any other place
for any speech or debate in
either House"
In this connection, the ma
jority opinion said: 1T would be
See HANDBOOK, Page A-3