a dragnet device capable of
perversion into an instrument of injustice in the hands of a partisan or
complacent judiciary, it has an established place in our system of law,
and no reason appears for applying it only to concerted action claimed
to disturb interstate commerce and withholding it from those claimed to
undermine our whole Government. * * *"[227]

The dissenters were Justices Black and Douglas. The former reiterated
his position in Bridges _v._ California; the latter italicized Justice
Brandeis' dictum in the Whitney Case: "If there be time to expose
through discussion the falsehood and fallacies, to avert the evil by the
processes of education, the remedy to be applied is more speech, not
enforced silence."[228] The answer would seem to be that education had
not in fact prevented the formation of the conspiracy for entering into
which the eleven defendants were convicted. If that be deemed a danger
at all, it was certainly a clear and present one. Both dissenters, in
fact, ignore the conspiracy element.

SUBVERSIVE ORGANIZATIONS

In a series of cases[229] in which certain organizations sued the
Attorney General for declaratory or injunctive relief looking to the
deletion of their names from a list of organizations designated by him
to be subversive, the Court reversed holdings of the courts below which
had denied relief. Two Justices thought the order not within the
President's Executive Order No. 9835, which lays down a procedure for
the determination of the loyalty of federal employees or
would-be-employees. Justice Black thought the Attorney General had
violated Amendment I and that the President's order constituted a Bill
of Attainder. He and Justices Frankfurter and Jackson also held that the
Attorney General had violated due process of law in having failed to
give the petitioners notice and hearing. Justice Reed, with the
concurrence of the Chief Justice and Justice Minton, dissented,
asserting that the action of the Court constituted an interference with
the discretion of the executive in the premises.

RECENT STATE LEGISLATION

Loyalty Tests

The decision in Dennis _v._ United States,[230] taken in conjunction
with those in the two Douds[231] Cases, put the clear and present danger
rule on the defensive in the field of federal legislation. Substantially
contemporaneous holdings in the field of state action may reflect a
similar trend. In Garner _v._ Los Angeles Board,[232] the Court
su