Establishment

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Authors: Howard Fast
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get that notion out of your head! You are not going to prison.”
    â€œHarvey, don’t be so upset. I shouldn’t mind going to prison—for a little while. It would be a fascinating experience.”
    â€œOne you can well do without. Now let me explain something to you—”
    â€œYou’re not eating.”
    â€œI’m not hungry, you are,” he said with some annoyance. “Will you please eat and listen?”
    â€œYes, Harvey,” 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.
    â€œThe House Committee on Un-American Activities—”
    â€œHarvey,” she interrupted, “I don’t even know what a House committee is. I’m a writer, but I’m not terribly well educated. I did leave college after my sophomore year.”
    â€œI wish you would take this seriously. I wish you were disturbed. I’m disturbed.”
    â€œI am disturbed, Harvey. That’s why I’m lunching with you today.”
    â€œAll 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€œBut what is the subject, Harvey?”
    â€œUn-Americanism, as they put it.”
    â€œThat’s such a silly, stupid word. Do you think I’m un-American?”
    â€œIt doesn’t 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€œIs that why they’re going to jail?”
    â€œNo. And I’m 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€œBut why?”
    â€œWell, if they admitted to being communists it would be an end to their employment, but they had other reasons, too. From what I’ve 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. It’s 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€œMy own impulse,” Barbara said, “is to tear up this wretched piece of paper and forget the whole thing.”
    â€œWhich I would hardly advise. That would be a contempt. However, your father and I both know a number of people of influence, and it’s possible we could get this subpoena withdrawn. Or quashed.”
    â€œHow?”
    â€œI’d rather not say

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