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By fiat of these judges it is now established:
1. That a state may not dismiss a school teacher who refuses to say whether he is a Communist. ■ 2. That a state may not convict anyone actively engaged in a plot to overthrow its government.
3. That the Federal Government may not convict anyone advocating the violent overthrow of the Government provided the advocacy is “abstract,” whatever that
may mean. . 4. That a state may not prevent subversives from practicing law.
5. That the Government may not dismiss an employee plotting the Government’s overthrow unless the employee occupies a “sensitive” position, and
That the head of a Government Department must retain on the public payroll a person he believes is not a proper individual to be entrusted with confidential assignments bearing on national policy.
6. That a state may not prohibit open sale of salacious publications.
7. That a man may decide to leave his money to boys and not to girls without violating the law of thc land, but if he leaves it to white, and not to colored, his money will be seized and spent on colored anyway. • It is unnerving to me that more than two-thirds, of the House of Representatives, at the behest of the President, last week voted that a citizen accused of crime should be denied presentment of the charges to a grand jury; furnished no written indictment .setting forth the specific offenses of which he is charged; stripped of the presumption of innocence; denied the right to confront and cross-examine his accusers, and be denied the right to trial by jury and protection from double jeopardy.
Probablv all this would meet ' with Mr. Krushchev’s approval as constituting a neat and swift proceeding for imprisoning, citizens for nonconformist opinions, and no doubt Mr. Krushchev also approves Supreme Court’s rewriting of the Constitution in a manner giving the subversive to understand that he may thumb his nose at the Government he seeks to destroy.
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