Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-06-09
Supreme Court Rulings
Ease Subversion Probes

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star staff Writer
Congressional and state
committees investigating SUBJ
version were assured Of easier
sailing as 0 result Of two SUI
preme Court opinions yester-
day.
The decisions were split S TO I
in both cases with Chief Justice
Warren and Justices Douglas,
Brennan and Black composing
the minority.
Two important questions
were answered In the FIRST
case In which the court upheld
the conviction Of Lloyd Barren
blatt. former vassar Psychology
teacher. on charges Of con-
tempt Of the House Un-Amer-
lean Activities Committee. They
are:
/. The constitutional SAFE
guard Of freedom Of speech will
not shield q witness who refuses
to tell an authorized committee
Of Congress pursuing Q valid
law-making purpose in the field
Of sibversion. whether he Is or
was q Communist.
2. The resolution setting up
the House Un-American Activi-
ties Committee, while vague as
to its wording. Is not invalid
since legislative reports and the
actions Of the House indicate
clearly that the committee Is
to probe into Communist mach
nations.
In the second case, involving
10 New Hampshire inquiry into
subversion In the State. the
court also discounted q First
Amendment defense.
State Enforcement Okayed
1t also made clear that
States are free to enforce their
own sedition and subversion
laws just as long as they apply
to subversion against the State
and not against the Federal
Government. The Federal Gov
eminent has its own laws in
this respect and so has pre-
empted the Federal field.
A past decision in q Penn
sylvania sedition case. which
had been interpreted by some
judges as barring the enforce
ment OF State subversion laws
regardless Of whether the Fed
eral Government was affected,
had brought criticism from
Capitol Hill. Yesterdays ruling
in the New Hampshire con-
troversy clarified this point.
Close observers Of the court
see in yesterdays 5-4 splits
q definite alignment shap-
ing up in the court on ques-
tons of civil liberties exclud-l
ing those involving race.
The same Justices. Harlanl
Frankfurter, Clark. Whittaker
and Stewart. who adopted the
more conservative viewpoint in
upholding the investieatory
powers of legislative commit
tees. also. In q recent 5-to-4
opinion. upheld the right OF
a sanitation inspector to enter
q home without . search war
rant.
Ruling Sets Precedent
The Barenblatt case marked
the first time the court has
ruled on a First Amendment
defense in q contempt Of Con-
gress case.
It now appears that the
Fifth Amendments protection
against self-incrimination Is
the only Constitutional safe
guard that can be evoked to-
avoid answering pertinent
questions put by congressional
committee pursuing q valid
legislative purpose.
This situation brought the
comment from Justice Black,
in writing the Barenblatt dis
sent: q
''Today's holding. in my
judgment, marks another ma
ior step in the progressively
increasing retreat from the
safeguards Of the First Amend
ment." &
Harlan Speaks for Majority
In contrast Justice Harlan.
writing for the majority. de-
clared: I'VE conclude that the
balance between the individual
and the governmental interests
here at stake must be struck
in favor Of the latter. and that
therefore the provisions Of the
First Amendment have not been
offended"