Word: griswold
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TIME characteristically describes ''The Fifth Amendment" as a "Debate" in its index, when it is actually a one-sided rationalization of what are apparently TIME'S views. Why not really make a debate of this vital issue by giving as much space to Dean Griswold's views as to those of Williams...
...Griswold: "Persons have been prosecuted under the Smith Act for membership in the Communist Party plus something else. If [the professor] supplies the proof of his own membership in the party, he does not know what other evidence may then be brought against him to show that he has committed a crime...
...that, Dickerman Williams replies: "Dean Griswold's statement of the basis for Smith Act prosecutions is remarkable in its apportionment of emphasis. The Smith Act forbids attempts to overthrow the Government by force. It makes no reference to the Communist Party and was, in fact, first invoked, to Communist enthusiasm, against Trotzkyites . . . Membership and office in the party are expressly declared by the Internal Security Act of 1950 not to constitute a violation of any criminal statute...
...party membership. The usual response of a congressional committee to a witness who admits past membership, asserts he has left the party, and identifies his former associates, is to thank and praise him. If there is a single instance of prosecution under the Smith Act following such testimony, Dean Griswold does not mention...
...interest that Dean Griswold does not even suggest that his professor's fear is reasonable, and indirectly suggests that not fear of prosecution, but an affirmative desire to obstruct the public's right to his evidence, constitutes the true motive for his invocation of the privilege...