Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-03-25
COURT
II Right Of Free Speech
. Seen Being Undercut

perversity," Justice Doug la s
said. IF the files Of the NAACP
can be ransacked because some
Communists may have Joined
It, then all walls Of privacy are
broken down"
Black Dissents
by the First Amendment
we have staked our security on
freedom to promote a multi
plicity Of ideas, to associate at
will with kindred spirits and
to defy government intrusion
into these precincts" he said.
Justice Black said the NAACPI
and its members 'have a con-
stitutional right to choose their
own associates" He said he
cannot understand by what
constitutional authority Florida
can compel answers to ques-
tons that abridge that right
In earlier cases, the Supreme
Court has rejected State and
local efforts to actually obtain
possession of NAACP member
ship lists. Today's case did not
involve quite the same activity,
because Mr.. Gibson was to have
the lists available only for his
reference in answering ques-
tons Of the Florida investigat-
ing unit.
Other Cases
In other action today, the
Supreme Court:
/. Sent a Texas theft case
to a lower court for further
consideration Of a defendants
contention that his plea of not |
guilty by reason of insanity
should have required the trial
court to send him to a mental
hospital for observation or ap-
point a psychiatrist to examine
him.
The defendant also contended
adequate time was not pro-
vided for an examination by q
psychologist who testified at
the defense's request. In send
ing the case back. the Supreme
Court said a lower court had
not had before it a report
diagnosing the defendant as
suffering from schizophrenia. |
The high court said the
lower appellate court also did
not have before it a statement
by a Texas assistant attorney
general that, If the case were
sent back, his position would
be that the man should be ex-
amined at a hospital where he
is presently confined and this
evidence should be presented
10 the trial court.
Confession Called Coerced
2. Sent back to the Illinois
Supreme Court for further pro-
ceedings the case Of a woman
who confessed to a narcotics
offense after police told her
that State financial aid for her
infant children would be cut
off and the children would be
taken from her If she did not
cooperate"
The court, in an opinion by
Justice Stewart, said I'VE think
1t clear that a confession made
under such circumstances must
be deemed not voluntary, but
coerced." The high court said
the Illinois Supreme Court
should provide for further pro-
ceedings not inconsistent with
this opinion"
3. Refused to review convic-
ton Of Abraham Minker, Of
Reading, Pa, on charges Of
failure to pay Federal taxes on
wagers.
Minker was sentenced in
United States District Court in
Philadelphia to 4 years in prison
and was fined $35,000. His con-
viction was on five counts of a
seven-count indictment charg-
ing attempts to evade wagering
taxes between 1859 and 1860.
The appeal questioned that
the Government could employ
services Of a trash collector to
gather evidence used in a
criminal proceeding.
There was testimony that
slips Of paper pertaining to
gambling and adding machine
tapes were found in trash cans
at the apartment building
where Minker lived. It also
questioned whether trial EVIL
dence was sufficient to justify
conviction.