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McSURELY v. RATLIFF

Civ. A. No. 1146.

282 F.Supp. 848 (1967)

Alan McSURELY et al., Plaintiffs, v. Thomas B. RATLIFF et al., Defendants.

United States District Court E. D. Kentucky, at Pikeville.

Dissenting Opinion October 20, 1967.

Attorney(s) appearing for the Case

William M. Kunstler, New York City, Morton Stavis, Newark, N. J., Dan Jack Combs, Combs & Anderson, Pikeville, Ky., for plaintiffs.

Thomas B. Ratliff, Herman Dotson, Marrs Allen May, Pikeville, Ky., Robert L. Matthews, Atty. Gen. of Kentucky, Frankfort, Ky., Edwin L. Weisl, Jr., Asst. Atty. Gen., Leslie A. Nicholson, Department of Justice, Washington, D. C., George I. Cline, U. S. Atty., Lexington, Ky., for defendants.

Robert A. Sedler, Lexington, Ky., amicus curiae.

Before COMBS, Circuit Judge, and MOYNAHAN, and GORDON, District Judges.

OPINION

COMBS, Circuit Judge.

Kentucky's sedition law was passed in 1920 in the aftermath of World War I and the Bolshevik Revolution in Russia. The law was amended slightly in 1922, otherwise it has remained unchanged through the years. As would be expected, the statute is broad and comprehensive. It was good politics to be against Communism. The Governor signed the bill but was fearful that it drew too much water. He publicly stated that it "goes far afield...

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