get that notion out of your head! You are not going to prison.â
âHarvey, donât be so upset. I shouldnât mind going to prisonâfor a little while. It would be a fascinating experience.â
âOne you can well do without. Now let me explain something to youââ
âYouâre not eating.â
âIâm not hungry, you are,â he said with some annoyance. âWill you please eat and listen?â
âYes, Harvey,â Barbara agreed. She was very fond of Harvey Baxter. He reminded her of Sam Goldberg. He had the same tone of voice and many of the same mannerisms, and she supposed that it came from years of working together.
âThe House Committee on Un-American Activitiesââ
âHarvey,â she interrupted, âI donât even know what a House committee is. Iâm a writer, but Iâm not terribly well educated. I did leave college after my sophomore year.â
âI wish you would take this seriously. I wish you were disturbed. Iâm disturbed.â
âI am disturbed, Harvey. Thatâs why Iâm lunching with you today.â
âAll right. Now this committee is a committee of Congress. Congress has the right to set up committees to hear testimony, the right to call witnesses on the subject, and then to use the results to frame legislation. Not that this wretched committee has ever framed any legislation.â
âBut what is the subject, Harvey?â
âUn-Americanism, as they put it.â
âThatâs such a silly, stupid word. Do you think Iâm un-American?â
âIt doesnât matter what I think. The point is that this nasty little committee has great power. Now in the case of the writers and directors who call themselves the Hollywood Ten, the committee charged them with using the film for subversive propaganda.â
âIs that why theyâre going to jail?â
âNo. And Iâm not at all certain that they are going to jail. I want you to understand very clearly that the only crime a congressional committee can charge you with is contempt of Congress, and the only way you can commit contempt is by refusing to answer a question that is pertinent to their inquiry. Contempt of Congress is a misdemeanor and is punishable by imprisonment of up to a year. Now I have no idea as to whether these Hollywood writers and directors are communists now or ever have been, but they were asked that question among others and they refused to answer. There were other questions that they refused to answer.â
âBut why?â
âWell, if they admitted to being communists it would be an end to their employment, but they had other reasons, too. From what Iâve read of the case, the advice of counsel and probably their own decision was to stand on the broad constitutional ground of the First Amendment. If I recall correctly, the First Amendment states that Congress shall make no law respecting an establishment of religion; or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. By virtue of that, I presume that they held that an inquiry into their political beliefs or writing or thoughts was an infringement on freedom of speech and of the press. Itâs a very broad interpretation and one that I would not advise a client of mine to attempt. But the case is still in the courts, and there is no reason to conclude that they are going to jail.â
âMy own impulse,â Barbara said, âis to tear up this wretched piece of paper and forget the whole thing.â
âWhich I would hardly advise. That would be a contempt. However, your father and I both know a number of people of influence, and itâs possible we could get this subpoena withdrawn. Or quashed.â
âHow?â
âIâd rather not say
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