Adultery being a crime in California, Bandleader Muzzy Marcellino was well within his constitutional rights when, in a Hollywood divorce court last week, he invoked the Fifth Amendment, refusing to say whether he had been intimate with an actress. This was a classic use of the Fifth Amendment; no unpleasant consequences followed for the bandleader.
But in a Florida court last week there was a different Fifth Amendment situation. Leo Sheiner, a Miami attorney and World War II chief counsel for OPA's milk, cream and ice-cream section, invoking the Fifth Amendment, refused to say whether or not he was a...