The sun. [volume] (Newberry, S.C.) 1937-1972, August 08, 1968, Image 3
The Newberry Sun, Newberry, S. C., Thursday, August 8, 1968—PAGE 3
SENATOR
STRO
URMOND
Reports
PEOPLE
FORTAS ON FILTH
The nomination of Abe For-
tas as US. Supreme Court
Chief Justice has run into un
expected trouble. Initial hear
ings by the Senate Judiciary
Committee established that his
court decisions had freed crimi
nals on technicalities, allowed
Communists to work in defense
plants, and invaded the rights
of the States.
NEW ISSUE
The closing hearings, how
ever, brought forth a new
issue whose significance had
not yet penetrated into the
general awareness. It is now
clear that Fortas has been the
swing vote in ruling that
materials determined to be
hard core pornography by
lower courts were protected by
the U.S. Constitution.
Since Fortas has been on the
Court, State restrictions on
filthy books and pictures have
been virtually swept away. In
May and June of 1967, the
U.S. Supreme Court reversed
23 of 26 State and Federal ob
scenity determinations. The
community obscenity standards
of 13 States were upset. Eight
findings of fact by juries were
reversed. In 20 of the decisions,
no written opinion was handed
down to explain the extra
ordinary actions.
Fortas participated in every
one of these decisions, and in
each instance voted to reverse
the findings of the juries and
lower courts. The matter of
obscenity is clearly a matter of
local concern, in which local
standards should apply. Yet in
the precedent-setting case of
Redrup v. New York and in
the cases that followed, Fortas
ruled that the States were
powerless to determine the ob
scenity of the materials in
volved.
SWING VOTE
In one case, for example, a
California judge had ruled that
a certain film had no redeem
ing social or artistic impor
tance, that it appealed solely
to the prurient interest of the
viewer, and that it was noth
ing but hard-core pornography.
A special showing of the film
shocked Washington’s hardened
press corps. Yet Fortas was the
swing vote in an amazing 5-4
decision which reversed the
California obscenity conviction
without explanation.
The effect of the Fortas de
cisions has been to unleash a
floodtide of pornography across
the country. Those who ex
ploit youth and human weak
ness now have no fear of con
viction, and openly distribute
and sell the grossest materials.
This is not a question simply
of girlie magazines and salaci
ous literature. The new era of
pornography features photo
graphs which leave nothing to
the imagination, and which ap
peal to the most perverted in
stincts of mankind.
Fortas’ ambivalent attitude
towards pornography is of long
standing. In 1957, when he was
still a private lawyer, he repre
sented a client who is a
well-known distributor of por
nographic material. Fortas sub
mitted a brief on behalf of this
client as a friend of the court
when the obscenity issue came
before the Supreme Court in
Roth v. U.S. Fortas argued
that the obscenity statutes
were vague and invaded the
Constitutional protection of
“free expression.”
CLIENT APPEARS
Ten years later in 1967, the
same client appeared before
Fortas, although Fortas was
now an Associate Justice of the
Supreme Court. The former
client had received an obscenity
conviction affirmed by the
Georgia Supreme Court, a case
knowm as Corinth Publications
v. Wesberry.
Despite the fact that it was
a former client before him at
the bench, Fortas failed to dis
qualify himself. Instead, he
overruled the Georgia Supreme
Court, and reversed the con
viction of his former client.
This is another of the cases in
which no written opinion was
handed down, so one is left
only to surmise why Fortas
reversed the conviction of his
former client.
It is fortunate that the
framers of the U.S. Constitu
tion saw fit to have the U.S.
Senate give its advice and con,
sent to the judicial nominations
submitted by the President.
Such a procedure gives the op
portunity for extended exami
nation of a nominee’s judicial
philosophy and character, test
ing whether every facet can
stand the glare of scrutiny. The
Judiciary is a separate branch
of the government, and is not
an extension of the President’s
office. The procedures of nomi
nation and confirmation are
two separate checks provided
bv the Constitution to ensure
that only men of the highest
ideals and character occupy
the highest bench.
,^-fc^T-OVvs..
Your Social
Security
Social Security now provides
pay me n .s to women between the
ages of 50 and 60 who are dis
abled and whose husbands have
died according to J. C. Bagwell,
District manager of the Green
wood Social Security Office.
Mr. Bagwell explained the
basic requirements for this new
benefit are twofold: (1) The
widow must be unable to do any
gainful work because of her dis
ability, and (2) she must have
become disabled within seven
_\ cars aftrr her husband’s death.
If she received benefits for her
self and children after her hus
band died, the second require
ment may be met within seven
years after she last received
these paynv .'.to.
He added that this provision
also applies to some disabled
widowers and surviving divorc
ed wives in this age group who
meet the support requirement
of the law.
Persons who feel they might
qualify for these benefits should
contact the social security of
fice. The office serving this
area is located at 219 Magnolia
Avenue in Greenwood. Office
hours are from 8:45 A. M. to
5:00 P. M. Monday through Fri
day and from 9:00 A.M. to 12:00
Noon on Saturday.
County Permits
Dorothy M. Gordon, Colum
bia, 4-room stucco frame cabin,
$4500.
David R. Nichols, 1320 Whee
ler street, 4-room brick veneer
dwelling $16,500.
Fred Hawkins, Rt. 3, 5-room
brick veneer dwelling, $9500.
Robert Earl Gilliam, Route 2,
6-room brick veneeer dwelling,
$17,000.
FOR SALE — DONAR - ANN
KENNEL has nice selection of
German Shepherd dogs, AKC
registered. Ideal for protec
tion, show or family pet. Lo
cated only 15 miles south of
Newberry, just off Hwy 121.
ANN GIDDINGS, SALUDA, S.
C. Ph. 445-5067 J18-3tc.
Hunt schedules
are released
COLUMBIA—The 1968-1969
hunt schedule for the game
management areas in the Pal
metto State has been released
by the S. C. Wildlife Resources
Department.
Archery hunts, gun hunts,
and small game hunts have
been slated for approximately
1 1-2 million acres under the
Department’s game manage
ment program.
The upcoming season’s small
game hunt opens on Hunt Unit
III, Sept .15 The first deer
hunt has ben set for Sept. 24
on the Bonnie Doone area. The
archery hunts open Sept. 30 or.
the Waterhorn Unit of the
Francis Marion Forest.
As in the past, free permits
must be obtained prior to hunt
ing on both big and small game
hunts. All bagged deer and
turkey must be shown at
check stations for weighing and
measurements and must be re
ported immediately after being
killed.
A complete hunt schedule for
all game management areas
may be obtained by writing to
S. C. Wildlife Resources De
partment, P. O. Box 167, Col
umbia, S. C. 29202.
Take A Moment Out and
Think for A Change of Your
Own Personal Interest...
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ed as much as they can today . . . and of course, that
was before today's government-sponsored insurance
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Safety of your savings is guaranteed to the full le
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Corporation, an agency of United States Government.
Never before has it been so simple, so easy, so con
venient to build savings as it is here, right now. Save
or withdraw as much or little as you please, whenev
er you please.
Your passbook savings earn per annum, com
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$1,456,58.
Save, surely—safely—profitably. And, remember,
where you save does make a difference.
NtV
AVINGS AND LoAnAsSOCIATION
NSTITUTION FOUN D*E D 19 3 5
DIRECTORS
John F. Clarkson
J. K. Willingham
E. B. Purcell
W. C. Huffman
A. E. Morehead
P. M. DeLoache, Saluda, S. C.
Robert M. Owen, Batesburg, S. C.