Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-03-25
COURT
Continued From PAGE Al

NOutAuuCu EEUhh E@bC ~
Smith Act prosecutions, had
shown earlier that the sensi-
tive area OF race relations has
long been a prime target OF
Communist efforts at infiltra-
ton"
In today's case, the Rev.
Theodore r. Gibson, then pres
Ident Of the Miami NAACP, had
refused to have membership
lists available so he could refer
to them in advising the investi-
eating unit whether certain al
legged Communist Party mem
bers we're also Miami NAACP
members.
Mr.. Gibson had been sem
fenced to spend six months in
jail, and to pay a $1,000 fine.
The contempt finding had been
upheld by Florida's Supreme
Court.
The minister maintained that
the Florida committee was mis-
using It's mandate in an effort
TO curb NAACP activities by
posing a threat of membership
exposure and a threat Of faint
Ing the organization as Com
munist dominated.
The investigating unit con-
tended that its plan to have Mr..
Gibson use the lists only to
check for names of alleged sub
Versives gave maximum security
10 the organization in protect
Ing the identity Of members not
engaged in such activities.
Shown Photographs
Justice Goldberg, in today's
opinion, said Mr.. Gibson had
been shown photographs and
given names Of IA persons
identified as Communists and
said to have taken some part
in Miami NAACP activities.
The minister could associate
none of them with the Miami
group.
In upsetting the contempt
finding against Mr.. Gibson, the
majority said the First and
Fourteenth Amendment rights
Of free speech and free associa-
ton ARE fundamental and
highly priced and need breath
ing space to survive"
Justice Goldberg said an es-
sential foundation, not present
IN today's case, for intrusion
into protected areas Of speech,
press, association and petition
Is a substantial relation be-
tween the information sought
and a compelling state in
terest."
No Red Tape Seen
Applying this test to today's
case, he said there was mo
suggestion that the NAACP
was subversive or Communist
dominated or influenced" In
fact, he stated, the record
showed the NAACP has taken |
steps to insure that Communist |
do not become members.
Justice Goldberg. said the
courts holding today is simply
that groups not engaged in
subversive or other improper
activities, nor demonstrated to
have any substantial connec-
ton with such activities, ARE
to be protected In their rights
Of free and private association.
ITO permit legislative inquiry
to proceed on less than an ade-
quate foundation would be to
sanction unjusttfied and UNI
warranted intrusion into the
very heart Of the constitutional
to be secure in asso-
Citations in legitimate organiza-
tons engaged in the exercise
Of First and Fourteenth Amend
ment rights" he said.
White Writes Dissent
Justice White. in a separate
dissenting opinion. said the
majority's ruling represents a
serious limitation" upon ear
lier decisions and upon the
right of the legislature to in
vestigate the Communist Party
and its activities"
Justice Douglas and Black
filed concurring opinions sup
the majority's decision.
Justice Douglas said Govern
ment is mot only powerless to
legislate in respect to member
ship in a lawful organization"
but is also precluded from |
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