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14 Es RECORDS ANO 7
SERVICE"
GOVERNA
Rights Protected
The gist of the offense defined by Section 52 in each case
is the deprivation of a right secured by the Constitution or laws
of the United States. Most important of those rights secured are
defined in the Fifth and Fourteenth Amendments; i.e., the right not
to be deprived by either state or Federal Governments of life, liberty
or property without due process of law. The wilful taking of life by a
person acting under color of authority and without due process would not
only violate Section 52, but would also be murder under state lavis.
A vilful deprivation of property rights without due process of law under
color of authority is likewise in violation of Section 52. Such tactics
may be a part of an extortion scheme or it may consist of a confiscation
of union files, or radical books, or religious literature. The right
to conduct a lawful business has been called a property right protected
by the Fourteenth Amendment, and wilful action of public officials to
31/
destroy a man's business would constitute a violation.
The majority of prosecutions under this section have been con-
cerned with deprivation of liberties Liberty includes freedom from
32/
physical restraint, and other forms of assault and battery
freedom of
31 Truax V. Corrigan, 257 U.S. 312, 327-328 (1921); Pierce V. Society of
Sisters, 268 U.S. 510 (1925).
32/ See Meyer V. Nebraska, 262 U.S. 390 (1923); United States V. Sutherland
37 Fed. Supp. 344 (N.D. Georgia, 1940) which involved 3rd degree torture.
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"ocrText": "- 21 -\n14 Es RECORDS ANO 7\nSERVICE\"\nGOVERNA\nRights Protected\nThe gist of the offense defined by Section 52 in each case\nis the deprivation of a right secured by the Constitution or laws\nof the United States. Most important of those rights secured are\ndefined in the Fifth and Fourteenth Amendments; i.e., the right not\nto be deprived by either state or Federal Governments of life, liberty\nor property without due process of law. The wilful taking of life by a\nperson acting under color of authority and without due process would not\nonly violate Section 52, but would also be murder under state lavis.\nA vilful deprivation of property rights without due process of law under\ncolor of authority is likewise in violation of Section 52. Such tactics\nmay be a part of an extortion scheme or it may consist of a confiscation\nof union files, or radical books, or religious literature. The right\nto conduct a lawful business has been called a property right protected\nby the Fourteenth Amendment, and wilful action of public officials to\n31/\ndestroy a man's business would constitute a violation.\nThe majority of prosecutions under this section have been con-\ncerned with deprivation of liberties Liberty includes freedom from\n32/\nphysical restraint, and other forms of assault and battery\nfreedom of\n31 Truax V. Corrigan, 257 U.S. 312, 327-328 (1921); Pierce V. Society of\nSisters, 268 U.S. 510 (1925).\n32/ See Meyer V. Nebraska, 262 U.S. 390 (1923); United States V. Sutherland\n37 Fed. Supp. 344 (N.D. Georgia, 1940) which involved 3rd degree torture."
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