From Clapham to Bloomsbury

Abstract

sorship and punishment. One thing is certain: to protect non-Stalinist unorthodoxy against false accusations and unjustified legal actions, we need every and any legal and fairminded device known to law as well as new ones. It is impossible in a short review to enumerate such devices but it is good to report that Mr. Biddle enumerates a number of the more typical traditional ones. To defend ourselves against Stalinism unfortunately requires an investigation into the beliefs of suspected persons and organizations. This is a serious divergence from our traditional conception of civil liberty, but if it is necessary, then it ought to be openly recognized as necessary. There should be no legal subterfuge or theoretical evasion. However, investigations of this type should be strictly limited, with all appropriate legal safeguards, to such organizations and persons which have given clear and unambiguous evidence of wholehearted acceptance of Stalinism. Because of the great liability of error, false accusations and irretrievable harm to reputation and livelihood, all legal procedures should be strictly interpreted so that maximum protection is afforded. Often enough where emotions and suspicions run high, persons and organizations upholding unpopular ideas will be accused of Stalinism. This is unpreventable but because of its likelihood, they need every possible protection the law can afford. Lastly, there ought to exist legal means of compensation and atonement for wrongs done to accused innocent persons and organizations. Whether Americans will be intelligent, objective and tolerant enough to provide such safeguards, only the future will tell. One last remark is necessary. Anyone who agrees that the question raised above is worthy of serious consideration must recognize that the answer to it will involve fundamental modifications in our traditional conception of civil liberties. For one thing, investigation into the political beliefs of individuals and organizations in certain (I hope) well defined cases will become an indispensable part of our legal and administrative procedure. For another, all sorts of punishments, directly legal or indirectly social, will fall upon the guilty who will have little or no redress. Even if not imprisoned or sent to a concentration camp, they will probably be made social outcasts with little or no opportunity to make a livelihood. These are two of the dreadfully tragic consequences of an age of international crisis and world social reorganization. RUBIN GOTESKY University of Georgia