Lamont, Corliss, Freedom is as freedom does

(New York :  Horizon Press,  1956.)

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CLASH WITH THE UN-AMERICAN ACTIVITIES COMMIHEE                                           31

the National Federation for Constitutional Liberties, a group de¬
voted to the defense of the Bill of Rights. The heads of these
organizations took the same position as the National Councfl of
American-Soviet Friendship, insisting that the House Committee
was exceeding its powers and that in any ease the Committee's
mandate was unconstitutional.

Mr. George Marshall, Chairman of the National Federation,
took the full responsibiHty for his organization, and was cited,
indicted and sentenced to three months in the penitentiary for
contempt of Congress, Unfortunately, in the case of the Joint Anti-
Fascist Committee, responsibility for custodianship of documents
rested in the entire Executive Board, instead of one official. Hence
twelve members of this Board became involved in contempt cita¬
tions, were found guilty and went to jail. The courageous Chair¬
man, Dr. Edward K, Barsky, received a six months' sentence,*
and the eleven other directors, three months.

As in the ease of the National Council, the Supreme Court of
the United States declined to hear appeals from the leaders of
the Joint Anti-Fascist Committee and the National Federation
for Constitutional Liberties. Nor would it grant certiorari to the
motion picture actors and directors, "The Hollywood Ten," who
in 1947, standing on the First Amendment, refused to answer the
Un-American Activities Committee's question as to whether they
were members of the Communist Party. These ten men served
the maximum contempt sentence of one year in jail. They, Rich¬
ard Morford, George Marshall and the members of the Anti-
Fascist Board all deserve the gratitude of civil hbertarians for
their principled action in challenging the "Un-American Com¬
mittee" on constitutional grounds. Although they did not achieve
their ends, they set a splendid example and helped to educate
the American people and the courts as to the true meaning of the
Bill of Rights.

It is essential to remember that when the U.S. Supreme Court
refuses to hear an appeal, that does not mean that it is passing on

" See Chapter 11 for the further consequences of Dr. Barsky's in¬
volvement in this matter.
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