Decision of the U.S. Court of Appeals for the District of Columbia in Re Edward Barsky Et Al: Appelants V. United States of America, Appellee (majority and Dissenting Opinions), Investigation of Un-American Activities in the United States..., 80-1, Public Law 601, (Section 121, Subsection Q (2)).U.S. Government Printing Office, 1948 - 23 էջ |
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1st Sess 2d Sess 79th Cong abridged Amendment attacks the principle Barnette BARSKY ET AL basic believer in Communism Board of Education Busey cited clear and present Committee on Un-American Communist Party Congressional Committee Congressional inquiry Constitution conviction criminal danger is clear District of Columbia Due Process Clause EDWARD BARSKY EDWARD BARSKY ET Edward K ernment evidence Fascist force or violence form of government freedom of speech funds government as guaranteed gress Herndon House Committee individual jury Justice lative Lovett matter under inquiry McGrain ment mittee Murdock and Opelika Musser pertinent power of Congress power of inquiry Power of Investigation present danger protect public interest purpose Resolution restrain restrict standard of guilt STAT statute subpoenas supra note Supreme Court term un-American Thornhill tion Town of Irvington trial court Un-American Activities un-American propaganda unconstitutional United United States Attorney vague views violating Virginia State Board West Virginia
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Էջ 23 - Some of her answers might excite popular prejudice, but if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought — not free thought for those who agree with us but freedom for the thought that we hate.
Էջ 22 - The Committee on Un-American Activities, as a whole or by subcommittee, is authorized to make from time to time investigations of (i) the extent, character, and objects of un-American propaganda activities in the United States, (ii) the diffusion within the United States of subversive and un-American propaganda that is instigated from foreign countries or of a domestic origin and attacks the principle of the form of government as guaranteed by our Constitution, and (iii) all other questions in relation...
Էջ 17 - ... any government in the United States by force or violence, or attempts to do so; or Whoever organizes or helps or attempts to organize any society group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence...
Էջ 20 - They stand for the proposition that legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial are bills of attainder prohibited by the Constitution.
Էջ 11 - Great constitutional provisions must be administered with caution. Some play must be allowed for the joints of the machine, and it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the courts" (Missouri, Kansas & Texas Ry.
Էջ 22 - Standing by itself, it would seem to be warrant for conviction for agreement to do almost any act which a judge and jury might find at the moment contrary to his or its notions of what was good for health, morals, trade, commerce, justice or order. In some States the phrase "injurious to public morals...
Էջ 12 - A command to the corporation is in effect a command to those who are officially responsible for the conduct of its affairs. If they, apprised of the writ directed to the corporation, prevent compliance or fail to take appropriate action within their power for the performance of the corporate duty, they, no less than the corporation itself, are guilty of disobedience and may be punished for contempt.
Էջ 17 - ... (2) with the intent to cause the overthrow or destruction of any government hi the United States, to print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence...
Էջ 21 - To commit any act injurious to the public health, to public morals, or to trade or commerce; or for the perversion or obstruction of justice or the due administration of the laws — they shall be deemed guilty of a misdemeanor.
Էջ 17 - While Congress does not have the power to deny to citizens the right to believe in, teach, or advocate communism, fascism, and nazism, it does have the right to focus the spotlight of publicity upon their activities.