ABSTRACT

Court personnel, to remind the reader, had begun to qualitatively change in the early Sixties. The dominant majority of the 1950s would eventually be replaced when Frankfurter departed in 1962, and Arthur Goldberg arrived and was succeeded by Abe Fortas in 1965, and when Thurgood Marshall would take Clark’s seat in 1967; and a fresh majority would become known for its landmark free speech decisions. Before the tribunal altered, however, it had to confront the toxic detritus of the 1950 Internal Security (McCarran) Act and the Subversive Activities Control Board that statute mandated. As could be expected, the law continued to be applied to those tainted with the brush of communism.