Summary

Portrait of William O. Douglas William O. Douglas Black v. Cutter Laboratories — Dissent

I do not think we can hold consistently with our Bill of Rights that Communists can be proscribed from making a living on the assumption that wherever they work the incidence of sabotage rises or that the danger from Communist employees is too great for critical industry to bear.
The blunt truth is that Doris Walker is not discharged for misconduct but either because of her legitimate labor union activities or because of her political ideology or belief. Belief cannot be penalized consistently with the First Amendment.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Black v. Cutter Laboratories — Dissent

The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Black v. Cutter Laboratories — Dissent

The Court says that the parties to a collective-bargaining agreement may make Communist Party membership 'just cause' for discharge of an employee, that discharge for that reason is merely a matter of contract between the union on the one hand and the employer on the other, and that when the contract is enforced no federal right is infringed. I disagree with that doctrine. It is a dangerous innovation to meet the exigencies of the present case. It violates First Amendment guarantees of citizens who are workers in our industrial plants.
Source: Wikisource

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