The American Jewish Committee has raised the issue of a contemplated auction of Nazi paraphernalia by the United States Internal Revenue Service, and indicated that, under constitutional considerations, the Government might either destroy the Nazis goods, giving the Nazi Farty a “fair value” tax credit, or return the items to George Lincoln Rockwell.
An IRS auction of the Nazi Farty property has been temporarily deferred because of Rockwell’s pending hearing in which he is appealing for an injunction, and owing to a complaint by Sen. Clifford P. Case, New Jersey Republican. Sen. Case said that sale by the Government of such items as swastikas and hate literature, seized to meet unpaid taxes, would put Federal authorities “in the position of purveying for profit the same stock-in trade as the American Nazi Party.”
Sanford H. Bolz, Washington counsel of the American Jewish Committee, said his group agreed with San. Case but “we would go further.” He said he has conveyed to IRS Commissioner Sheldon Cohen the view of his organization that it is one thing for Rockwell to circulate and sell hate literature, swastikas, and so forth–“but quite another matter for the Government of the United States to become a party to the sale to satisfy a tax lien or for any other purpose.”
Mr. Bolz said: “It is entirely likely that such action by the Government to sell or distribute racist material is unconstitutional Government action, forbidden by the Fifth Amendment. Surely a Government like ours, which is dedicated to equality and to elimination of all forms of discrimination and prejudice from our national life, should never become a party to the circulation or purveying of racist material, literature, or mailing lists designed for their distribution to willing and eager recipients, for the raising of funds or any other reason.”
He stressed that “if the Government cannot and should not sell this material, it should destroy it in the same way as it would other contraband material it would not wish to purvey or distribute in the channels of trade or commerce. But in deference to First Amendment rights which Rockwell may have to possess and use such material, the Internal Revenue Service should give him an appropriate credit against his tax in the amount of the fair value of such items, without placing them on public auction and selling them to others. There are procedures which the Service might use to achieve this result. If, for any reason, this could not be done, then the Service should return the material to Rockwell, rather than to sell it to others. This is a dirty business, and the Government should have no part of it.”
Mr. Bolz added that “we are starting down a dangerous road, indeed, if the Government is permitted to purvey racist material on the excuse that it is merely raising money, rather than promoting racism.” He said he had stated these views to the IRS commissioner, and “sincerely trust” they will be adopted.
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The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
