Manuscript/Mixed Material NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak v. United States, 1952 (criminal law, D.C.)
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Image 1 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … NAACP LEGAL DEFENSE AND EDUCTONALFOND SUBJECT FILE COLLECTED CASES cic ius amie 150 0 0c BOX__ FO LEK
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 2 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … Supreme Court of the United Staten OCTOBER TERM 1952 JULIUS EMSPAK Petitioner Vv UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 3 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak …
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 4 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … INDEX PAGE Opinions Below 1 Jurisdiction 2 Statutes Resolutions and Rules Involved 2 Rule 6 The Grand Jury 4 Rule 12 Pleadings and Motions Before Trial De fenses and Objections 4 Summary…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 5 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … TABLE OF CASES PAGI Arndstein v McCarthy 254 U S 71 24 Blauv U S 340 U S 159 1523 Blau v U S 340 U S 333 15 Bollenbach v U…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 6 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 1ii U8v Kamp 102 F Supp 757 D D C1952 26 U S v Lattimore D D C Criminal No 18791952 38 U 8S ex rel McCann v Thompson 144 F 2d…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 7 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak …
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 8 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … Supreme Court of the United States OCTOBER TERM 1952 No Jurius Emspaxk Petitioner Y UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS FOR THE DISTRICT OF…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 9 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … Jurisdiction The judgment of the Court of Appeals was entered on December 19 1952 A petition for rehearing was denied on April 13 1953 The jurisdiction of this Court is in voked…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 10 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 3 Rule XI of the Rules of the House of Representatives is amended by adding after clause 40a two new clauses to read as follows 40b To UnAmerican Activitiesto the Committee on…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 11 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … Rule 6 The Grand Jury b OnsrcrionNs To GRAND JURY AND TO GRAND JURORS 2 Motion to Dismiss A motion to dismiss the in dictment may be based on objections to the…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 12 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 5 3 Tvme of Making Motion The motion shall be made before the plea is entered but the court may permit it to be made within a reasonable time there after 4…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 13 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 6 Party the signing by the witness of a nonCommunist affi davit which was filed with the National Labor Relations Board and related matters The witness answered all of these questions fully…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 14 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 7 was announced because this committee presumably was interested in finding out things with reference to indi viduals in our oganization by using whatever means it has at its disposal and for…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 15 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 8 The motion further sought dismissal of the indictment or in the alternative a hearing on the ground that there were less than 12 members of the Grand Jury which voted the…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 16 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 9 After a trial without a jury before Judge Letts the peti tioner was found guilty of contempt as charged and sen tenced to imprisonment for a period of six months and…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 17 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 10 a Whether a new trial should have been granted and the case remanded so that the trier of the facts might apply the principles laid down in the opinion b Whether…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 18 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 11 rulings decide important questions of substance with re spect to the construction of the Constitution which have not been but which should be settled by this Court Ques tions with respect…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 19 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 12 In addition the organizations which are referred to in Counts 59 and 60 of the indictment had been the subject of similar charges R 250251 On October 14 1949 petitioner had…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 20 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 13 article appeared stating that the Department of Justice was preparing for speedy action on some cases referred to it involving union officials who have signed non Communist affidavits under the TaftHartley…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 21 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 14 petitioner asserted and claimed his privilege under the Fifth Amendment Thus the witness specifically stated R 168 Because of the hysteria I think it my duty to en deavor to protect…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 22 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 15 tigating the validity of the affidavit which petitioner had submitted under the TaftHartley Act pressed the witness on this subject He stated R 194 I further under stand what the motives…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 23 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 16 Fifth Amendment but to the First Amendment There 1s a close relationship between the reasons which brought the privilege against selfincrimination into being and the nature of the rights protected by…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 24 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 17 T will answer all honest questions put to me but I have no intention of joining with the people who seek to destroy the Constitution of this country whether witnesses or…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 25 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 18 on the part of some that it does not The use there fore by the defendant of the term Fifth Amendment could only have reference to this provision therein and unless…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 26 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 19 In U v Panzino Criminal No 17471950 Supplement I p 1 Judge Goldsborough ruled that a similar formula tion constituted an effective assertion of the privilege against selfinecrimination Likewise in U…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 27 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 20 8 The court below in reaching the conclusion that the petitioner had failed to assert the privilege after advert ing to the fact that he referred to the First Amendment supplemented…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 28 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 21 witness made explicit the basis for his claim of privilege namely the fear of criminal prosecution for perjury When the pattern of the questioning revealed that peti tioner was being asked…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 29 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 22 not relied upon the privilege it would hardly have become necessary to tell him that he had not been accused of anything A significant series of questions terminated the line of…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 30 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 23 this expression on two occasions to convey the fear that his answer would be used to lay the basis for a perjury prosecution under Section 9h of the TaftHartley Act The…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 31 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 24 issue of law arises as to whether this answer may be deemed to be an abandonment or a waiver of the privilege This Court has repeated frequently that there can be…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 32 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 25 this wholly apart from whether petitioner asserted the Fifth Amendment privilegethat petitioners objections were of an order which required some dispositive action by the Committee before he could be held in…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 33 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 26 His obections were not acted upon and he had the right to believe that his views and explanations were acceptable to the Committee This view was followed in Unsted States v…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 34 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 27 only because they regarded it as too rigid a formula How ever the majority did agree that petitioner must be clearly apprised that his questioner rejects his objections and intends that…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 35 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 28 patently did not apply this standard And the reviewing court likewise improperly permitted its own views with respect to petitioners guilt to substitute for a trial and an appeal in the…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 36 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 29 This Court held in Dennis v United States 339 U S 162 that Government employees serving as Grand or Petit Jurors will be barred as a group for bias when circum…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 37 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 30 requisite for barring Government employees as jurors namely the existence of a climate of opinion among Gov ernment employees that they would jeopardize their tenure or provoke investigation by failing to…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 38 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 31 In addition to the specific allegations of fact set forth in petitioners affidgyits and incorporated in the proffer of proof petitioner attached a number of exhibits to the affidavits containing statements…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 39 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 32 4 The loyalty program is and has been used un justly and upon the slightest provocation as a means of depriving Government employees of their jobs R 105 agencies of the…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
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Image 40 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak … 33 5 The Federal Bureau of Investigation inves tigates every detail of the private lives opinions ac tivities reading habits and thoughts of an individual involved in a Government employee loyalty check…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1952
About this Item
Title
- NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; Emspak v. United States, 1952 (criminal law, D.C.)
Names
- NAACP Legal Defense and Educational Fund
Headings
- - Law--United States
- - Civil rights--United States
- - African Americans--Civil rights
- - African Americans--Segregation
- - Segregation--United States
- - United States--Race relations
- - United States--Armed Forces--African Americans
- - African Americans--Education
- - National Association for the Advancement of Colored People
- - African Americans--Legal status, laws, etc
- - African Americans--Political activity
- - Criminal law--United States
- - Discrimination--Law and legislation--United States
- - Discrimination in criminal justice administration--United States
- - Discrimination in education--United States
- - Discrimination in employment--United States
- - Discrimination in housing--United States
- - Discrimination in public accommodations--United States
- - Discrimination in the military--United States
- - Educational law and legislation--United States
- - Election law--United States
- - Housing--Law and legislation--United States
- - Labor laws and legislation--United States
- - Recreation centers--Law and legislation--United States
- - Suffrage--United States
- - Manuscripts
- - United States
Genre
- Manuscripts
Call Number/Physical Location
- series: Subject File, 1929-1968
- mss65570, box 47
Source Collection
- NAACP Legal Defense and Educational Fund Records
Repository
- Manuscript Division
Digital Id
Online Format
- image
- online text
IIIF Presentation Manifest
Part of
Format
Contributor
Dates
Location
Language
Subject
- African Americans
- Armed Forces
- Civil Rights
- Criminal Law
- Discrimination
- Discrimination in Criminal Justice Administration
- Discrimination in Education
- Discrimination in Employment
- Discrimination in Housing
- Discrimination in Public Accommodations
- Discrimination in the Military
- Education
- Educational Law and Legislation
- Election Law
- Housing
- Labor Laws and Legislation
- Law
- Law and Legislation
- Legal Status, Laws, Etc
- Manuscripts
- National Association for the Advancement of Colored People
- Political Activity
- Race Relations
- Recreation Centers
- Segregation
- Suffrage
- United States