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Free Speech Canto XLIII

Michael Ceraolo

March 21, 1947
Executive Order 9835
establishing
“the right to an administrative hearing
before a loyalty board”
for anyone
accused,
by anyone
for any reason,
of disloyalty
And the nature of such a kangaroo court became clear
in the case that became known as Bailey v. Richardson

Dorothy Bailey,
an employee
of the U.S. Employment Service
(and,
perhaps more relevant to the ’charges’ against her,
president of her United Public Workers local:
“a hell of a good union person”
“as pure as the driven snow”)
was interrogated by a loyalty board
Among the questions she was asked was
whether she had written to the Red Cross
protesting blood segregation
(because
“objection to blood segregation
is a recognized ’party line’ tactic”),
and
despite the absence of any proof
she was found disloyal and dismissed
She sued,
claiming
her rights were violated because
she had not had the opportunity
to confront her accusers

The Court of Appeals:

“The question is not whether she had a trial
The question is whether she should have had one”
and
the answer,
by a 2-1 vote,
was no
The case went to the Supreme Court

Justice Douglas:

“She was on trial for her reputation,
her job,
her professional standing
A disloyalty trial is the most crucial event
in the life of a civil servant”
“To make that condemnation
without meticulous regard
for the decencies of a fair trial
is abhorrent to fundamental justice”

Justice Jackson:

“The fact that one may not have a legal right
to get or keep a government post
does not mean he can be adjudged
ineligible illegally”

but,
by virtue of a 4-4 tie
that failed to overturn the Court of Appeals
(one Justice recusing himself),
that was exactly what it did mean
for Dorothy Bailey and many others
in government and out

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