Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-07-12

The judge held that ques
Security Subcommittee as to
Mr.. Peck'S past Communist af-
flliations and those of his
former associates violated, the
First Amendment safeguard of
freedom of speech and belief.
The case is believed to mark
the first time a contempt of
Congress defendant has won on
First Amendment grounds.
The opinion, broadly inter-
preting the Supreme Court
decision in the Watkins case,
conceded that, where the ma
tional interest is shown to be
deeply involved, First Amend
ment rights may be abrogated.
But" Judge Youngdahl as
serted. "even if the interests of
national security could be said
to justify requiring Peck to
answer the questions, the con-
viction could not stand. For
the procedural defects inherent
in the subcommittee inves-
legations are such as to render
unconstitutional any infringe
ment of a witness First Amend
ment rights"
VapuenpSS Cited
The major inherent defect,
Judge Youngdahl said, was
'the vagueness" of the resolu-
ton authorizing the committee
to investigate "subversive ac-
tivities.'
What is the height of
orthodoxy today may be viewed
as 'Un-American' tomorrow"
he declared.
What may be a fit subject
for investigation one day may
be tomorrow'S sacred cow
The dangers of classifying GER
tain forms of belief or political
activity as 'subversive' are all
too apparent from the recent
history of the country.
Resolution Held Invalid
Judge Youngdahl's opinion
was noteworthy in another re-
spect. In it, for the first time,
an authorizing resolution for
Congressional committee was
clearly declared invalid as far
as the court is concerned.
The opinion was seen as also
voiding any perjury charges
that might be brought through
testimony of witness before
the committee.
Perjury before a Congress
sional committee only can be
sustained if it is committed be.
fore a competent tribunal"
With the enabling resolution
declared invalid the competency
of the Internal Security Sub
committee will be in doubt until
the resolution is changed, some
legal minds believe.
Mr.. Peck. a copyreader for
the New York Times Sunday
Magazine. had admitted before
the subcommittee his own past
Communist affiliations. ended
in l949 before he joined the
staff of the Times Magazine.
But he refused to identify
others associated with him in
Communist activities.
Convicted on Five Counts
A Jury in the U. S. District
Court for the District of Co.
lumbia convicted him last
March 26 of five counts of con-
tempt of Congress. Judge
Youngdahl, who presided at the
trial. subsequently sentenced
him to a suspended jail term
OF 80 days and fined him $500.
Later the United States Court
of Appeals sent it back with in
structionS that the trial court
consider a motion for a new
trial or dismissal of the indict-
ment.
The case. Judge Youngdahl
dec Jared. "exemplifies the
abuses the Supreme Court
sought to curtail" in the Wat
kins opinion.
Judge Youngdahl accused the
subcommittee of violating free
dom of the press in its investi-
cation into subversion in the
newspaper business. although
he made clear his decision did
not turn on this point. His hold
ing would have been the same
if Mr.. Peck were not a news
paperman, the judge stated.
The infringement stems
from the subcommittee action
in summoning an individual,
compelling him to disclose his
past political associations. and
insisting that he reveal the
views and associations of his
friends and colleagues.
Sees Possible Need
In doing SO. the subcommit-
tee invaded the individuals
protected freedoms of privacy,
thought and association" the
judge stated.
The judge warned that this
is not to say that where there
i