Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-06-09

VII 2M Glotnbt lNu UCCl
questioned by the committee In
1854 concerning his alleged
Communist affiliations while he
was q graduate student at the
University Of Michigan.
At the time Of the hearings.
It was announced that the COM
mittee was delving into COM
munism in the field Of educa-
ton.
Later the committee reported
that the hearings were set up
"in order to demonstrate TO-
the people Of Michigan the field
OF concentration Of the Com
munist Party in the Michigan
area. and the identity Of those
individuals responsible for It's
success
This was seized on by the
dissenting justices as evidence
that the purpose Of the inves-
|tigation was ito expose and
punish" rather than to UNI
cover material helpful in law
making.
Conviction Upheld
Mr.. Barenblatt was convicted
OF contempt. sentenced to serve
six months in prison and was
fined $3.50. The u. s. Court
of Appeals for the District up
held his conviction by S to 4.
His appeal to the Supreme
Court was based mainly on the
ground that any possible In
fringement Of free speech and
association should be especially
closely-scrutinized when 1t
touched the field Of education.
The majority opinion met
this challenge by declaring: In
the present case. congressional
efforts TO learn the extent Of a
Nationwide, indeed worldwide
problem. have brought one Of
Its investigating committees
into the field Of education.
"Of course, broadly viewed.
inquiries cannot be made into
the teaching that is pursued in
any OF our educational institu-
tons :.
But this does not mean that
the Congress is precluded from
Iinterrogating a witness because
he is a teacher. An educational
institution is not a sanctuary
from inquiry into matters that
may otherwise be in the con-
stitutional legislative domain
merely for the reason that in
quiry is made Of someone with
in its walls"
The opinion declared:
Where First A m e n DIN emit
rights are asserted to bar gov
Iernmental Interrogation resolu-
ton Of the issue always In
wolves q balancing by the courts
'of the competing private and
public interests atsstake ii. 2
The majority found that In
this case the public interest III
uncovering Communist iniiu-
Iences, was dominant. It was
pointed out that.the court con-
sistently has refused to view
the Communist Party as an
ordinary political party" and
has recognized the close con-
nection between the party and
violent. overthroW Of the Cow
eminent"
Justice Blacks dissent was
concurred In by Chief Justice
Warren and Justice Douglas.
In a separate dissent. Justice
Brennan cited only his belief
that the investigation was
purely for the sake Of exposure.
Justice Black, speaking of
the balancing Of interests, as
serted the real interest in Bar
enblatt's silence was "the in
terest Of the people as a whole
in being able to join organiza-
tons. advocate causes and make
political mistakes without lat
er being subjected to govern
mental penalties for having
dared think for themselves"
To begin with, Justice Black
stated. Il do not agree that.
laws directly abridgins First
Amendment freedoms can be
justified by a congressional or
judicial balancing process.
Conduct. he said. is subject to
such regulation. but not mere
speech.
He declared he could not
agree that First Amendment
freedoms must be abridged in
order to preserve the country.
"The First Amendment