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Facts Forum News, Vol. 5, No. 9, September 1956
File 041
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Facts Forum. Facts Forum News, Vol. 5, No. 9, September 1956 - File 041. 1956-09. University of Houston Libraries. University of Houston Digital Library. Web. September 15, 2019. https://digital.lib.uh.edu/collection/1352973/item/279/show/250.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum. (1956-09). Facts Forum News, Vol. 5, No. 9, September 1956 - File 041. Facts Forum News, 1955-1956. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/1352973/item/279/show/250

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum, Facts Forum News, Vol. 5, No. 9, September 1956 - File 041, 1956-09, Facts Forum News, 1955-1956, University of Houston Libraries, accessed September 15, 2019, https://digital.lib.uh.edu/collection/1352973/item/279/show/250.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

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Title Facts Forum News, Vol. 5, No. 9, September 1956
Series Title Facts Forum News
Creator
  • Facts Forum
Publisher Facts Forum
Date September 1956
Language eng
Subject
  • Anti-communist movements
  • Conservatism
  • Politics and government
  • Hunt, H. L.
Place
  • Dallas, Texas
Genre
  • journals (periodicals)
Type
  • Text
Identifier AP2.F146 v. 5 1956; OCLC: 1352973
Collection
  • University of Houston Libraries
  • Facts Forum News
Rights No Copyright - United States: This item is in the public domain in the United States and may be used freely in the United States. The item may not be in the public domain under the copyright laws of other countries.
Item Description
Title File 041
Transcript THE SUPREME COURT UNDER FIRE stifled befor lating to thi that he ha aese hearing ist affiliation g before thj committee that he wa sition at th • his positio rsuant to th 5 of tbe Nev appears thi e nor Sloch. •hum of priv ischarge, an :rom boldin - city college it. ;nce ^-seven year m*nate his employment. . . . teacher an ^'le P-"°blem of balancing the state's under stat "hterest in the loyalty of those in its ute aDDellai Berv*ce u''*b t,u' traditional safeguards For cause an "' '"dividual rights is a continuing one. i ,u),,e ,1 ! ' " s'a,<" *■■*■*' a Person does not have a if New Yorli '"""-btiitional right to government em- i ,-.,t,,..,,,«• plovmciit is onlv to say that he must rely interpret* ■ ' ' li it "the asser eomP*>' w,tb reasonable, lawful, and ' ■ ,' , ,i| nondiscriminatorv terms laid down by ag.unsi sew . , -nt to a resi|?-,lu' ProPer authonhes. il under thi' utomatic- an arges, notid Supreme Court Justice William 0 Douglas, a Roosevelt appointee, has served 17 years on Ihe Court, WIPE wom.n PHOTO to explain. At the outset we must condemn the practice of imputing a sinister mean- , Ing in the exercise of a person's const i- oi New Yor ^tional right un(](,r the Fifth Amemi. ided that ap ment The rfght of ;m accusec, peK0I] within ti» ,o refuse to tesdfy> whjch h.id been m nd upheld * £ngiand lm,,,,K " a nl]e of evidenc(,, oil Was so hnportant to our forefathers t Section 911 ma{ ^ nijs<,(1 if t() the dignit of a 1]t>' of consti : recognized as "one of the most 3 state to te (inn, 306 NY A 187. ties themselves to inquire into Slochower'.s fitness but quite another for his discharge to be based entirely on events Declining before a federal committee whose inquiry was announced as not directed at "the property, affairs, ur governmenl of the city, or . . . official conduct of city employees." . . . The questions which Professor Slochower refused to answer were admittedly iisked for a purpose wholly unrelated to his college functions. On such a record the Board cannot claim thai its action was part of a bona fide- attempt to gain needed and relevant information. Without attacking Professor Slocb- ower's qualification for his position in any manner, ancl apparently with full knowledge of the testimony he had given some twelve years before at the state committee hearing, the Board seized upon his claim of privilege before the federal committee and converted it through the use of Section 903 into a conclusive presumption of guilt. Since no inference of guilt was possible from the claim before the federal committee, the discharge falls of its own weight as wholly without support. There has not been the "protection of the individual from arbitrary action" which Mr. Justice Cardozo characterized as the very essence of due process.7 This is not to say that Slochower has a constitutional right to be an associate professor of German at Brooklyn College. The state has broad powers in the selection and discharge of its employees, and it may be that proper inquiry would show Slochow- er's continued employment to be inconsistent with a real interest in the state. But there has been no such inquiry here. We hold that the summary dismissal of appellant violates due process of law. •Brown v. Walker, 161 US 591, 610, 40 L ed 819, 825, 16 S Ct 644. ;Ohio Ball Icl. Co. v. Public Utilities Com. 301 US 292, 302, 81 L ed 1093, 1100, 57 S Ct 724. Criticism of the Court (Continued from page 22) . Constitutional enactment, and it has •tes since it> |1(vn on the exd valuable prerogatives of the citizen."0 nteed right I T]u, priv*iege against self-incrimi- : also v,olat' nation would be reduced to a hollow - because t« mockery if its exercise could be taken ;e under t Us equivalent either to a confession of e guilt or a conclusive presumption of perjury. A witness mav have a rea- i.ega*sonable fear of prosecution and yet be itur.-i * innocent of anv wrongdoing. The priv- .1,111,-\. tor 1'uP1 ., , Activities, la-ai-*1 *-ege serves to protect the innocent State ui n. v.. \v|i(1 otherwise might be ensnared by Education W ambiguous circumstances. It is one thing for tbe city's aiithori- iitt nihci I'ti fA< IS Forum News, September. 1956 and concepts of justice. He stated, further, that be thought the members had been brainwashed, such brainwashing having been done by the "alleged sociologist and psychologist. Dr. Karl Cunnar Myrdal and his associates." I.anhiim stated: ... It was in his [MyrdaTs] honk . . . that Dr. Myrdal stilted the American Constitution was outmoded; and the other dabblers in lin Beld of sociology and psychology lo which tin- Supreme (aunt turned Instead of to legal precedents . . . were of like mind with Dr. Myrdal. . . . Consequendy, tin1 Supreme Court, after its brainwashing by tins mnn Myrdal and liis shocking pink, if not Red, associates — some of them Indeed are included us members in Communist-front organizations named hy our Department of Justice as such — overturned legal decisions by such giants ol previous Supreme Courts as Justices Holmes, Taft, and Brandeis.1* Representative I.milium went on to say that the people of America were not going to be satisfied until Congress did something to eliminate purely political appointees from the Supreme Court ancl filled it with men of legal background and training, together with ability, integrity, and character so that they could rise above the winds of politics, wild-eyed Socialists, pinkos, and a dreamworld doctrine of social laws, psychology, and even mythology.17 •"84 Congressional Record (1956), p, 7888. "Ibid., p. 7889. Page 39
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