Open forum, vol. 30, no. 3 (March-April, 1953)

"Tt must not be supposed that it is easy to be free..." Osmonp K. FrRAENKEL

The OPEN FORUM

Published by THE AMERICAN CIVIL LIBERTIES UNION, Southern California Branch

Vol. XXX

Los Angeles, California, March-April, 1953

No. 3

MEETING OPENS MEMBERSHIP DRIVE

MEIKLEJOHN, PRICE SPEAK

AT JEFFERSON MEETING

Approximately 700 ACLU members and

friends attended a public meeting held

on the evening of April 10 at the Forum

Theater to commemorate the 210th birth-

day of Thomas Jefferson.

This meeting, called by the ACLU

southern California branch, served also to

open a systematic drive for new members.

Alexander Meiklejohn, president emer-

itus of Amherst College and a member

of the ACLU National Committee, was

the major speaker. Dr. Meiklejohn spoke

on "The Limits of Congressional Author-

ity.'

Paul Price, Radio and TV Editor of

the Los Angeles Daily News, spoke on

"Censorship Trends in Radio and `Tele-

vision.'

The meeting was chaired by Edmund

Cooke, vice-president of the local ACLU

Board and chairman of the Committee on

Membership and Finance.

COURT DECISION DENIES

ALIEN BAIL, HEARING

The U.S. Supreme Court has ruled, in

a 5-4 decision, that an alien denied admis-

sion to this country on security grounds

and refused a hearing, who is now im-

prisoned on Ellis Island because no other

country would accept him, can be refused

bail, without a hearing.

The case involved one Ignatz Mezei, an

alien who had lived in the U.S. from 1923

to 1948, and was abroad behind the Iron

Curtain for 19 months. He received an

immigration visa from an American Con-

sulate, but was excluded from the U.S.-

without hearing-on the basis of confi-

dential information, the disclosure of

which, the government charges, would

be prejudicial to the public interest. His

attempts to secure admission into several

other countries failed.

Mezei finally obtained a writ of habeas

corpus after being detained at Ellis Island

for 21 months, when the government re-

fused to divulge the evidence against

him even to the Federal District Court

in New York.

The U.S. Court of Appeals in New

York affirmed the grant of habeas corpus

by a 2-1 vote, but the Supreme Court,

in an opinion written by Justice Clark,

reversed Mezei's release on conditional

parole on bail.

ACLU LEGISLATIVE BULLETIN

With this issue of Open Forum our

readers receive the ACLU Legisla-

tive Bulletin, a listing of the bills

which have been introduced in the

1953 California State Legislature

relating to civil liberties.

This Bulletin is based upon the

work of the Committee on Legis-

lation.

Additional copies of the Bulletin

are available upon request. Please

enclose sufficient postage to cover

the cost of mailing.

SEGREGATION CONDEMNED

BY LOCAL JUDGE

Segregation of passengers riding on pub-

lic carriers received another firm con-

demnation on April 7 by Judge Lucius P.

Green in the Los Angeles Municipal

Court.

In an opinion and order in the case

of Whitmore vs. Southern Pacific, Judge

Green overruled the arguments of the

railroad company in defense of its prac-

tice of setting aside special cars for Negro

passengers.

The plaintiffs in this case-Claudia E.

Whitmore, Carrie Williams, James Mar-

tin, and Mae E. Duport-brought suit

against the Southern Pacific Company for

forcing them to ride in a segregated car.

Denial of Equality

The S. P. maintained that this practice

is necessary even in California, since its

trains operate in other states where laws

permit segregation.

In ruling against the company, Judge

Green declared, "The basic violation

charged here is a denial of equal treat-

ment. This comprehends, in the broader

Cont'd page 2, col. 3

COOKE ANNOUNCES DRIVE

FOR 1500 NEW MEMBERS

Fifteen hundred new ACLU members by

May 15!

This is the ambitious goal announced

by Edmund Cooke, membership chair-

man of the southern California branch.

Plans for a systematic drive for new

members throughout the entire territory

served by the local Branch were set in

motion on April 10.

Direct, personal solicitation by "area

drive committees" is the key concept in

these plans.

Thirty-five drive areas have been de-

fined: eight in Los Angeles city, fifteen

in Los Angeles county (excluding city),

and twelve in the remainder of southern

California.

Quotas Set

In each area, a membership drive com-

mittee composed of interested present

ACLU members has assumed responsi-

bility for enlisting new members in that

area. Quotas have been set for each area

as goals for drive committee work.

New promotional materials have been

prepared for use by the drive committees.

A detailed "guide" for committee coor-

dinators has been made available.

"This is much more than a routine

effort to secure new members,' Chairman

Cooke has declared. "Greatly increased

membership in the local Branch is neces-

sary if the ACLU is to fulfill the growing

requests for its service.'

Members Participate

Plans for the membership drive have

been developed in consultation with

Elizabeth Wood, Chairman of the Com-

munity Relations Committee. Miss Wood,

whose committee is interested in the max-

imum activation of ACLU membership,

sees in the drive opportunity for partici-

pation by many members.

YOUR PART IN THE MEMBERSHIP DRIVE: HELP REACH THE GOAL

@ Plans for the current membership drive

are based largely on the belief that there

are at least 1500 people in southern

California who are not now ACLU mem-

bers, but who are ACLU-minded. Our task

is simply to find these ``candidates" and

sign them up.

e@ You can help us find these prospective

members. Send in the names, addresses,

and telephone numbers of AT LEAST three

candidates for membership-people who

you think are ready to join ACLU,

@ Better yet, write for enough copies of

the attractive new membership folder to

sign up these people yourself.

e Area drive committees will also need

your help. Write or phone the Los Angeles

office for the name of the drive coordina-

tor in your area. Then join the committee.

@ If you can help in no other way, use

the membership coupon on page 4 to sign

up at least one new member this month.

| Of Counsel... Fred Okrand

Eprror's Nore: In each issue of Open

Forum, ACLU Counsel reviews current

legal cases of interest to members.

Housing Oath in Status Quo

By reason of the pendency of a prior case

in New Jersey testing the validity of the

Gwinn Amendment, the housing oath re-

quirement as to tenants of the Los Ange-

les Housing Authority is being kept in

status quo.

The Gwinn Amendment, in the form

of a rider to the Independent Offices

Appropriation Act of 1953, provides that

no tenant may occupy low cost housing

under the 1937 Housing Act, who belongs

to or a member of whose family belongs

to an organization listed as "subversive"

by the United States Attorney General.

Following the filing by the local ACLU

on behalf of tenants of a law suit in

Superior Court to test the validity of the

Gwinn Amendment, the attorneys for the

tenants and the housing authority en-

tered into a stipulation to the effect that,

pending the outcome of the case in the

East, local tenants would not be evicted

nor would they be required to take any

oath pursuant to the amendment. This

stipulation was entered into in accord-

ance with instructions from the Federal

Public Housing Administration in Wash-

ington. The reason for the stipulation was

to avoid a multiplicity of suits, inasmuch

as the same legal questions are present

in the prior cases.

The New Jersey case, like the local

case, was sponsored by the ACLU. It is

expected the case will reach the Supreme

Court. As of this writing, the trial court

in New Jersey has the matter under sub-

mission.

Court Refuses to Reverse Oath Cases

Since the last writing of Of Coumsel, the

California Supreme Court has declined to

reconsider its rulings in the two Levering

Act and one Los Angeles County Oath

cases taken up by the ACLU. The state's

highest court has been asked to reconsider

its rulings in the light of the United

States Supreme Court's holding that loy-

alty oaths which do not allow for the

knowledge and intent of the taker as to

the subversive nature of organizations

violate due process.

It is expected that the United States

Supreme Court will be asked to review

one or more of these cases.

Covenants Again Before Supreme Court

The United States Supreme Court has

agreed to hear the case of Barrows v.

Jackson. This is the case brought to test

the question as to whether the owner of

property covered by a restrictive covenant

may be liable in damages if he sells his

property to a person of a race contrary

to the covenant.

The ACLU, along with some 19 other

organizations interested in just human

relations, filed a brief as a friend of the

court with the California Appellate Court

which held that such damages could not

be recovered by reason of the equal pro-

tection clause of the 14th Amendment to

the United States Constitution.

Consideration is being given as to filing

a similar brief "amicus" with the United

States Supreme Court.

"To retrace our steps and to regan the road..."

April 13 was the 210th anniversary of

the birthdate of Thomas Jefferson.

We remember this great American in

many ways for many services to our

people. We remember him best, perhaps,

as an architect of our freedom.

In this day of declining liberty, when

too mazy have forgotten the American

heritage of freedom, a passage from

Jefferson's First Inaugural Address may

help us remember some fundamental

principles of the American way of life:

"Equal and exact justice to all men,

of whatever state or persuasion, religious

or political; peace, commerce, and honest

friendship with all nations, entangling

alliances with none; the support of the

State governments in all their rights, as

the most competent administrations for

our domestic concerns and the surest bul-

warks against antirepublican tendencies;

the preservation of the General Govern-

ment in its whole constitutional vigor, as

the sheet anchor of our peace at home

and safety abroad; a jealous care of the

right of election by the people-a mild

and safe corrective of abuses which are

lopped by the sword of revolution where

peaceable remedies are unprovided; ab-

solute acquiescence in the decisions of

the majority, the vital principle of repub-

lics, from which is no appeal but to force,

the vital principle and immediate parent

of despotism; a well-disciplined militia,

our best reliance in peace and for the

first moments of war, till regulars may

relieve them; the supremacy of the civil

over the military authority; economy in

the public expense, that labor may be

lightly burthened; the honest payment of

our debts and sacred preservation of the

public faith; encouragement of agricul-

ture, and of commerce as its handmaid;

the diffusion of information and arraign-

ment of all abuses at the bar of the public

reason; freedom of religion; freedom of

the press, and freedom of person under

the protection of the habeas corpus, and

trial by juries impartially selected. These

principles form the bright constellation

which has gone before us and guided our

steps through an age of revolution and

reformation. The wisdom of our sages and

blood of our heroes have been devoted

The OPEN FORUM | 2

NON-SEGREGATED SCHOOL

OFFERS NO PROBLEM

The admission of Negro students to pre-

viously all-white schools in Delaware

created no unpleasant incidents, reports

Dr. Frederic Wertham, noted psychiatrist

and director of the LaFargue Clinic in

New York City.

"Despite all the adults' dire forebod-

ings and despite the mistaken theories of

some psychologists, Negro and non-Negro

children adjusted on the whole construc.

tively and in a friendly manner to the

new situation;' he writes in the March

issue of The Journal of Educational Soci-

ology.

"The abolition of segregation removes

a handicap that interferes with the self-

realization and social adjustment of the

child,' asserts Dr. Wertham in his article,

entitled "Psychiatric Observations on the

Abolution of School Segregation?'

Segregation

Cont'd from page 1, col. 2

sense, every factor, physical, psychologi-

cal, or otherwise, that such denial may

conceivably produce?'

In the order, Judge Green ruled, "In

our mind and to our way of thinking

upon existing law in this State, the full

and equal provisions of civil rights are

not all satisfied by separate and other-

wise equal accommodations . .. Anything

short of a full measure of equality, upon

exactly the same conditions and restric-

tions applicable alike to all other passen-

gers, regardless of race, creed, and color,

is an illegal denial of equality?'

This decision is hailed by nineteen

community organizations which entered

as "friends of the court" to support the

court challenge to segregation. ACLU of

southern California is one of these par-

ticipants.

LEAFLET SPARKS DRIVE

To promote the work of ACLU member-

drive committees, a new leaflet has been

printed and made available for the solici-

tation of new members.

Entitled "In the Face of Danger,' the

new promotion piece sets forth the pur-

poses of ACLU and calls for support of

our work.

Designed by a friendly professional

artist-publicist, the new leaflet is a mas-

terpiece of eye-catching design and car-

ries a vigorous and effective message.

Members who wish copies of the leaflet

for individual solicitation of new mem-

bers may request them at the local ACLU

office.

to their attainment. They should be the

creed of our political faith, the text of

civic instruction, the touchstone by which

to try the services of those we trust; and

should we wander from them in moments

of error or of alarm, let us hasten to

retrace our steps and to regain the road

which alone leads to peace, liberty, and

safety*?

Our emphasis

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ACLU LEGISLATIVE BULLETIN

1753

What's Up In Sacramento?

The Committee on Legislation of the ACLU, Southern California Brauch,

calls attention to bills now before the California State Legislature, which

affect the civil liberties of citizens of our state.

BILLS TO ADVANCE CIVIL LIBERTIES

Equal Rights

AB 900-Hawkins, Rumford, Collins, Elliott, McMillan, and

others

also AB 917-Collins, Elliott, and others

AB 1526-Elliott, Kilpatrick, Collins, Hawkins and Thomas

(referred to Assembly Committee on Government Efficiency

and Economy-A. I. Stewart, chairman)

The above three bills are nearly identical. They would create

a State Fair Employment Practices Commission to work toward

preventing and eliminating discrimination in employment.

They list a series of employment practices which would be

unlawful on the part of employers, labor organizations and

employment agencies. The Commission would investigate

complaints, hold hearings, and could issue orders to correct

or prevent a discriminatory employment practice. These orders

would be enforced by the District Court of Appeals and carry

penalties of $500 fine and/or six months in jail for violation

of the Commission's orders.

AB 332--Elliott, Collins

(referred to Assembly Judiciary Committee-Thomas W.

Caldecott, chairman)

This bill prohibits discrimination based on race, color, or re-

ligion in the sale of real property. It also outlaws restrictive

covenants based on such distinctions. Makes persons who at-

tempt to enforce covenants, or who aid or incite enforcement

liable for damages of not less than $100 recoverable in court

action.

AB 965-Rumford, Hawkins and others

(referred to Assembly Finance and Insurance Committee-

Gordon A. Fleury, chairman)

Makes it illegal for any insurer to refuse applications for

liability policies, or issue such insurance under less favorable

conditions, because of race or color. Allows $100 damages, plus

attorney's fees.

AB 1831-Rumford

(referred to Assembly Education Committee-John L. Col-

lier, chairman)

Prohibits discrimination, segregation and quota systems in any

school accepting applications from the general public, except

religious and denominational schools, who may grant prefer-

ence on a religious basis. It sets up an Office of Fair Educational

Practices to investigate violations, and hold hearings, and its

finding are enforceable in the courts.

AB 2189-Hawkins, Elliott

(referred to Assembly Judiciary Committee = "Thomas VW.

Caldecott, chairmar.)

Sets up a five-man commission in each city and county with

a population over 500,000, to investigate and act on complaints

regarding misconduct of police officers. This bill is aimed at

preventing discrimination and mistreatment of members of

minority groups by policemen.

AB 2708-kKilpatrick, Hawkins, Elliott

(referred to Assembly Government Organization Committee

-Glenard P. Lipscomb, chairman)

Sets up a fund to provide financial and other assistance to cities

and counties for programs to foster harmonious relations be-

tween citizens of different races, religions and national origins.

Emphasis is given to a training program for police officers "in

the prevention and control of intergroup contlicts:'

AB 281 2---Hawkins

(referred to Assembly Industrial Relations Committee -

William A. Munnell, chairman)

Amends Labor Code to forbid discrimination in employment.

Provides no penalties or enforcement procedure.

AB 3258--Elliott, Hawkins

(referred to Assembly Committee on Government Efficiency

and Economy-A. I. Stewart, chairman)

Would forbid State officers and employees from discriminating

against any person on the basis of race, color, origin, or national

ancestry.

Due Process

AB 654- Elliott, Kilpatrick

(referred to Assembly Judiciary Committee -'Thomas W.

Caldecott, chairman)

Would remove a law enforcement officer from his job after

conviction for mistreating a prisoner in jail or a person under

arrest. Also forbids his re-employment until five years after

completion of sentence or parole.

AB 3125- Morris

(referred to Assembly Judiciary Committee - Thomas W.

Caldecott, chairman)

This bill provides that an attorney may have a private inter-

view with any witness held in a penal institution.

AB 3130-Morris

(referred to Assembly Judiciary Committee -'Thomas W.

Caldecott, chairman)

This bill would permit an attorney to interview witnesses

privately in any state institution.

ACA 10- Elliott

(referred to Assembly Judiciary Committee -'Thomas W.

Caldecott, chairman)

Amends Art. 1 of the Constitution to allow all foreigners re-

gardless of racial background, to freely own and transfer per-

sonal property.

Religious Liberty

AB 1497- Morris

(referred to Assembly Civil Service and State Personnel

Committee -Wallace D. Henderson, chairman)

The bill permits an applicant to take civil service examinations

on another day if his religious beliefs prohibit doing so on

Saturday.

BILLS TO DIMINISH CIVIL LIBERTIES

Test Oaths

AB 923- Sackstrand, Levering

(referred to Assembly Revenue and Taxation Committee -

Thomas M. Erwin, chairman)

This bill implements Proposition 5 adopted last November.

Applicants for local and state tax exemption must declare they

do not advocate overthrow of the government or support of a

foreign power. No exemption will be granted in the absence of

such a statement and false statements are punishable as a

felony.

AB 1796--Levering, Beck

(referred to Assembly Judiciary Committee -Thomas W.

Caldecott, chairman)

Amends sections of the Government Code on taking oaths.

Implements Proposition 6. Establishes penalties of 1-14 years

for perjury in regard to the oath.

Registration of ``Subversives"'

AB 26-Shaw

(referred to Assembly Committee on Governmental Effi-

ciency and Economy-A. I. Stewart, chairman)

Establishes an Anti-Subversive Commission whose function

would be to discover and register members of totalitarian or-

ganizations. While an "accused" would be accorded due proc-

ess, including an appeal to the courts, the evidence adduced

could form the basis for a federal prosecution. Since the regis-

trants are accused of no offense, they would, in effect, be

required to register solely because of their political opinions

thus decreasing the alien's chances of securing employment.

of the laws.

Use of Schools and Civic Centers

AB 2677-Levering

and AB 2975-Levering

(referred to Assembly Education Committee-John L. Col-

lier, chairman)

Both of these bills require loyalty affidavits of individuals and

groups applying for use of school property or civic centers.

SB 1763-- Burns

(referred to Senate Education Committee-Hugh P. Donnel-

ly, chairman)

This bill requires loyalty affidavits of individuals and groups

applying for use of school property or civic centers.

Conformity and Employment

AB 2196-Chapel

(referred to Assembly Education Committee-John L. Col-

lier, chairman)

Provides for dismissal of a teacher for disloyalty defined as

(1) membership in a "communist front" or "communist action"

organization as defined in the U.S. Internal Security Act; or

(2) "persistent active participation in public meetings" con-

ducted by such an organization. Teachers may be suspended

pending a hearing. No appeal to the courts is provided.

AB 3051-Smith

(referred to Assembly Industrial Relations Committee -

William A. Munnell, chairman)

This bill would amend the Labor Code to say that affiliation

with the Communist Party or any organization which has

violent overthrow of the government as one of its aims would

be grounds for discharge, and is not political action within the

meaning of the present law which forbids discharge for politi-

cal activity.

AB 3312-Levering

(referred to Assembly Municipal and County Government

Committee-Earl W. Stanley, chairman)

Provides for the dismissal of any civil defense worker (all

state employes were declared Civil Defense Workers by the

Levering Act) who refuses to testify before any State or Federal

Court, or before any legislative committee of Congress or the

State Legislature.

SB 737-Burns, Dilworth and others

(referred to Senate Governmental Efficiency Committee -

Harry L. Parkman, chairman)

The present law provides for the discharge of state employees

who are guilty of contempt of a legislative committee. This

bill would extend the law to cover city and county employees

as well.

SB 743- Abshire

(referred to Senate Business and Professions Committee -

Earl D. Desmond, chairman)

Suspends or revokes certificate of social worker for various

reasons including "advocates the overthrow of the government"

and "`gross malpractice" (undefined).

SB 1425- Kraft '

(referred to Senate Education Committee-Hugh P. Donnel-

ly, chairman)

Extends the definition of "unprofessional conduct" of state

teachers or professors to include membership in, or support

of any organization listed by the U.S, Internal Security Act

of 1950; persistent active participation in public meetings of

such organization; wilful advocacy of communism on or off

campus. Provides for dismissal proceedings to begin with

presentation of a complaint by any persons with an affidavit

of facts.

Employment of Aliens

AB 291-Chapel and others

(referred to Assembly Judiciary Committee -'Thomas W.

Caldecott, chairman)

Makes it unlawful to employ an alien known to be subject

to deportation under the U.S. Immigration Law. Although

apparently aimed at stopping the employment of illegal Mexi-

can entrants, this bill has the broader effect of forcing every

foreigner to present evidence of his lawful presence and of

putting on every employer the task of evaluating such evidence,

thus decreasing the aliens chances of securing employment.

Separation of Church and State

SB 572- Dilworth and others

(referred to Senate Committee on Education-Hugh P. Don-

nelly, chairman)

This bill would permit Bible reading, from both Testaments,

in the public schools. The Department of Education Woda

make available an approved Syllabus of Graded Readings, and

there would be provision for excusing students.

Immunity and the Fifth Amendment

AB 974-Brown

(referred to Assembly Judiciary Committee -'Thomas W.

Caldecott, chairman)

Provides that a person who refuses to testify claiming possible

self-incrimination, can be forced to testify in a criminal case,

grand jury hearing and legislative or administrative hearing,

by order of the Superior Court, and if he complies he cannot

be prosecuted for any fact or act so revealed. Failure to comply

is punishable. The bill gives no protection against prosecution

in Federal Court, nor does it prevent law enforcement agencies

from using the facts revealed to discover other facts and use

those as the basis for a prosecution.

Elections

AB 52--Chapel and others

(referred to Assembly Elections Committee-Charles J. Con-

rad, chairman)

Disqualifies from a primary election any party advocating or

indirectly abetting overthrow of the government by force and

violence. Determination of disqualification is by the Secretary

of State with the advice of the Attorney General, after a hear-

ing and a possible appeal to the courts.

Insurance

SB 729- Dilworth

(referred to Senate Financial Institutions Committee-James

J. McBride, chairman)

Prevents any subversive organization, as that term is defined

in the Corporations Code, from transacting insurance business

in California.

Registration of Sex Offenders

AB 3344-Lyon

(referred to Assembly Judiciary Committee -'Thomas W.

Caldecott, chairman)

Requires the registration of all so-called sex offenders upon

release from a penal or mental institution. In effect, adding

another penalty for a crime for which they have already been

punished.

``America Plus'"'

SCA 21-`Jenney

(referred to Senate Judiciary Committee - Jack `Tenney,

chairman)

This is the `""America Plus" proposal. It adds to the inalienable

rights of man in the State Constitution "choice of associates,

customers, tenants, and employees, and disposing of property:'

Consequently, it would legalize racial discrimination and seg-

regation in public places and in employment; it attempts to

legalize racial restrictive covenants and it would outlaw the

closed shop.

Write or wire

cent the Chairman of the appropriate committee

(c) your assemblyman and senator

(c) Governor Earl Warren

in support or in opposition to the bills which con-

cern you most. ogi 45

`SS

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(c) ay

|

3 | The OPEN FORUM

The OPEN FORUM

OF THE

AMERICAN CIVIL LIBERTIES

UNION

Southern California Branch

EASON MONROE, Editor

A. L. WIRIN, Counsel

BOARD OF DIRECTORS

J. W. MacNarr

President

Epmunp W. Cooks

Vice-President

Jj. B. Tmrz

Secretary-Treasurer

Hues H. Anprrson

Bisuorp JAMrEs C. Baker

Mrs. JoHN BEARDSLEY

Harry BraverMAN

RosBert Ciark

Lex B. Cox

Paun Jacoss

KATHERINE K1iLBOURNE

CHARLES MACKINTOSH

LorEN MILLER

Roserr Morris

FreD OKRAND

Joun C. Packarp

GirrorD PHILLIPS

RicHARD RicHARDS

Mrs. Ratpu SMITH

Ropert S. Voce.

Puintip Wain

CrorE WarNnE

Pror. Grorcre M. Day Pror. EpGar WARREN

Rev. ALLan Hunter EvizasetH A, Woop

Dr. Wm. Linpsay Younc

AFFILIATED COMMITTEES

Santa Barbara

Pasadena-San Gabriel Mrs. M. O'Gorman, Chm.

Valley 1114 North Milpas St.

Hugh Anderson, Chm. Whittier

831 Milan Avenue Hassel Smith, Chm.

South Pasadena 10559 East Cliota St.

*

Published Monthly at Room 534, 257 South Spring St.,

Los Angeles 12, Phone tucker 8514

Subscription by membership only

at $2, $5, $10, $25, and up.

Entered as second-class matter April 24, 1946, at the post

office at Los Angeles, California, under the Act of

March 8, 1879.

Laurels to DAILy News

I

f

Liberty laurels for distinguished journal-

ism this month go from ACLU to the

Los Angeles Daily News!

The News coverage of our meeting on

April 10 and the thoughtful and sensitive

interview of Alexander Meiklejohn by

Sara Boynoff are rare signs of a sympa-

thetic attitude on the part of an impor-

tant newspaper for the work of the Union.

More than this, however, in an edito-

rial on April 15, the News declared:

"We must see to it that honest men

everywhere are protected in their free-

doms guaranteed under the Bill of Rights

and the Civil Liberties Union is the ideal

organization for this purpose. It should

be supported?'

We commend the Daily News for these

evidences of good journalism. We are

grateful for these expressions of support.

On the Air?

Is ACLU still on the air? Well, yes-in

a manner of speaking. With spring, base-

ball returns to the southern California

scene-and to the Sunday airways.

This means that whenever the ``double-

header" of a Sunday runs overtime, the

ACLU broadcast on KFWB may be can-

celed.

But-not to be discouraged-keep tun-

ing KFWB each Sunday at 6:30 p.m.-

and, when we can, we'll be on the air.

Letters in support of our program ad-

dressed to Harry Maizlish, KFWB, 6419

Hollywood Blvd., will help.

ACLU Policy on TV, Broadcast of Legislative Hearings

The televising, filming and broadcasting

of legislative hearings and sessions should

not be permitted until fair rules of pro-

cedure are adopted by legislative bodies,

the American Civil Liberties Union has

declared.

Guided by proper codes of practice, the

ACLU said, legislative activities so pub-

licized could help the public learn more

about the "conduct of important public

business,'

The Union's views were contained in a

major policy statement which at the same

time opposed the reporting of courtroom

proceedings via movies, radio, or tele-

vision.

Year's Study

The ACLU "Statement of Principle?'

announced on April 10 by national execu-

tive director Patrick Murphy Malin, re-

sulted from a year-long debate on the

subject by the Union's Board of Directors

and Corporation. On the broad subject of

wider use of the mass media, the state-

ment made these points:

(1) "The ACLU, after consideration of

the desirability of both freedom of com-

munication and the safeguarding of due

process, believes that proper rules for the

conduct of legislative hearings should be

adopted and a satisfactory practice estab-

lished before the filming, broadcasting,

and televising of such hearings is per-

mitted. Protection should be found for a

person who is attacked by irresponsible,

willing witnesses. Once fair rules and

practices are established, the ACLU will

support democratic freedom of communi-

cation with respect to legislative hear-

ings.'

Shocking Improprieties

In discussing the conflict between free

communication and due process, the

ACLU said that the experience of the

past 15 years "presents such shocking

examples of impropriety by legislative

committees that the ACLU, various bar

associations, and members of Congress

themselves, have drafted procedural rules

to restrain the infringement of individual

rights. Such rules have not yet been

adopted?'

(2) While observing that a legislature

should decide that publicity media may

cover its sessions, the Union statement

recommended "enlarged use" of the three

types under consideration. But because

of the danger that listeners and viewers

might be confronted with "privileged

slander which may be uttered in legisla-

tive halls... the ACLU once again urges

the immediate adoption of legislative

rules of responsible and ethical debate?

(3) TV, radio, and film coverage of

courtroom proceedings might tend to im-

pair "the safeguards of due process and

the ensuring of fair play to all persons

affected" Since the public's concern with

court issues and decisions usually is less

direct and substantial than with legisla-

tive proceedings, "we conclude that court-

room proceedings should not at this time

be covered by motion pictures or by

television or radio?'

Rules Suggested

The Union reviewed its recommenda-

tions for `fair rules and practice" by

legislatures, legislative committees, and

the communication industry to protect

individuals' rights during sessions. In-

cluded in the rules suggested to commit-

tees were: (1) giving witnesses advance

notice of inquiries which concern them;

(2) allowing them to present evidence in

their behalf, have counsel, and cross-

examine witnesses against them; (3) re-

quiring a majority vote of the committee

before examining political or religious

beliefs, or holding executive sessions; (4)

publication of minority reports at the

same time as majority reports; and (5) no

personal or partisan use should be made

of hearing material.

Right to Reply

In addition to stressing the need for

committees to adopt fair procedures, the

ACLU presented recommendations to the

broadcasting and_ television industry.

These emphasized the right of persons

attacked in legislative sessions to reply,

that the network or station should inform

the public that the session is not a "judi-

cial process or trial}? witnesses under

subpoena "should be.given an appropri-

ate opportunity after their appearance

before a committee to make a brief state-

ment,' the network should announce

when statements of witnesses or persons

attacked will be made, and all witnesses

should be given fair treatment in terms

of camera technique.

Branch Renews Membership wn LAC sounty Conference

The ACLU branch here has renewed its

membership in the Los Angeles County

Conference on Community Relations. In

reactivating its relationship with the

County Conference, ACLU rejoins ap-

proximately fifty other community or-

ganizations which are member agencies

and which support its work.

Members of ACLU who are unfamiliar

with the County Conference may find

interesting the following excerpt from its

"procedural rules and administrative

practices,' explaining the purpose and

function of the Conference:

"To provide a means of coordination

and exchange of information for all or-

ganizations or agencies in Los Angeles

County whose primary function is devel-

opment of better human relations and

intergroup understanding.

"To this end it is agreed:

1. Each of the member agencies or

committees has its special function and

agency identity and should be respected.

Cont'd page 4, col. 2

The "600"

Counsel Combs has fulfilled his assign-

ment.

The Los Angeles Board of Education

and Superintendent Stoddard called upon

Mr. Combs, via Senator Hugh Burns'

committee on un-American activities (of

the California Senate), to produce a list

of Los Angeles school employees who are

"subversive" or have "subversive connec-

tions.' ;

Combs now has the list compiled-at

a cost of some 3,000 tax dollars.

We do not know how many names are

on this secret list, but, over the sputtered

denials of Dr. Stoddard, the southern

California news services continue to re-

port that 600 have been named.

We put no stock whatever in this list-

or in any list similarly compiled.

We ask what criteria Combs has used

for such listings. Is there a single jot of

evidence that these teachers have com-

mitted subversive acts-used their teach-

ing status to indoctrinate-otherwise vio-

lated their responsibilities as teachers and

citizens?

Whether there are six or six hundred

names on this list, it is schedule of "exe-

cutions"? At their lesiure-or as need

arises - the superintendent, Board, and

the Senate Committee may now call up

for inquisition-a few at a time-the em-

ployees who have been listed. Those who

resent and resist will be fired.

But, this is not the worst. Far worse

is the new wave of paralyzing cold fear

MEMBERSHIP COUPON

Southern California members in the following classifica-

tions receive Open Forum from Los Angeles, and, from

the national office, in New York, Civil Liberties once a

month and the Union's annual report on U.S. liberties,

and are entitled to single copies of some thirty ACLU

pamphlets currently available:

Rarticipatin GaMembers... sc 5:s50.c1 " see cies = $100

Gooperating "Mem bel.=..095 525.5 5 on sae s $50

Sristaininge Mem Delis sos. i00s toc bitty cioes ao eters $25

Supporting Member 0s. fic ci, oe ice Mies = = $10

Gontrputings Member. ko os ote | shores 0 es cs $5

Associate Members at $2 receive Open Forum, Civil

Liberties and the annual report. The national office will

send its weekly bulletin, on request, to members con-

tributing $10 or more. ~

By joining the national ACLU, southern Californians

automatically become members of the Southern Califor-

nia Branch, which receives 80% of all contributions

from new members. Be as generous as you can!

AMERICAN CIVIL LIBERTIES UNION

170 Fifth Avenue, New York 10. N. Y.

Here is my $. membership contribution.

PLEASE PRINT :

Name

Address pares

City Zone State

Occupation

2/53

The OPEN FORUM

Room 534

257 South Spring Street

Los Angeles 12, California

Send Dues to N.Y.

To facilitate the handling of member-

ship contributions, new and renewal,

please send all payments directly to

the ACLU National Office, 170 Fifth

Avenue, New York 10, N. Y.

which the existence of this list and its

public announcement has sent through

the entire teaching staff of the Los Ange-

les schools.

The full effect of this list will be regis-

tered upon our children:

"Slaves cannot teach freedom; nor can

the fearful teach courage.

PHYSICIANS SUSPENDED

The New York Court of Appeals has ruled

that a physician may be disciplined legal-

ly in that state for contempt of Congress.

It based its 6-1 decision on a section of

the New York education law which per-

mits the Board of Regents to penalize a

doctor who "has been convicted in a court

of competent jurisdiction, either within

or without this state, of a crime?'

The case concerned Dr. Edward K. Bar-

sky, Dr. Jacob Auslander, and Dr. Louis

Miller, who were convicted of contempt

and served prison terms for refusing to

turn over records of the Joint Anti-Fascist

Refugee Committee to the House Commit-

tee on Un-American Activities.

The defendants brought suit after the

Board of Regents had suspended Barsky's

license to practice for six months, Aus-

lander's for three. months, and had cen-

sured and reprimanded Miller.

The ACLU had filed a friend-of-the-

court brief in the case, charging that the

disciplinary action was a violation of due

process of law, in that the contempt con-

viction did not involve moral turpitude or

the doctors' professional ability.

County Conference

Cont'd from page 3, col. 3

2. Agencies with common goals and

objectives can work cooperatively toward

better community relations.

3. There are many occasions for joint

social action in which a common goal

can be reached through combining the

power of several organizations.

4. The Conference can serve as an

effective clearance and referral medium

for research, fact-finding, joint staff train-

ing, community education, pooling of

literature and visual aid resources, and

long-range social planning.

5. The Conference should aim _ to

achieve through professional and lay

leadership, more adequate and competent

direction of the programs of participating

agencies and of the functions of the Con-

ference itself?

The OPEN ForRUM | 4

Holifield Blasts Probes

of Schools and Colleges

Local governing bodies rather than

Congressional committees should guard

against Communist infiltration of col-

leges and universities, according to Rep-

resentative Chet Holifield (D-Calif.).

In a recent speech before the House,

in which he said he was opposed to Com-

munist teachers, Holifield observed that

Federal bodies should not intervene in

college affairs unless the schools them-

selves failed to act. He said:

"That a creditable job has been done

in the main by responsible and interested

regents, trustees, and boards, I shall con-

tinue to assert. To take the position that

the famous and patriotic educators, in-

dustrialists, financiers, State governors,

and civic-minded citizens who comprise

our local. boards. of. education, State

boards of regents and trustees, have failed

in their responsibility to protect our edu-

cational institutions from Communist in-

filtration is incomprehensible to me. That

there has been a breakdown in the prin-

ciple of local autonomy, I vigorously

deny. I do not deny that a few Commu-

nists may at this time exist at one place

or another in our educational system....

But, to magnify such occasional incidents

as may exist into a matter of such im-

portance as to merit attention of the

Congress and justify the Federal inter-

vention throughout the nation with our

educational procedures, seems to me to be

adopting the policy of burning down the

house in order to destroy the rats'

More Harm Than Good

Expressing belief that such investiga-

tions "would do more harm than good,

Holifield pointed to the "threat of coer-

cion and intimidation as a real detriment

to academic freedom; and the enormous

task before a Congressional committee of

trying to police the 1,800 schools of

higher learning.

fe called for "free debate on contro-

versial matters and freedom to present

orthodox ideas by both faculty members

and students,' and added:

"If through fear and panic we desert

our basic democratic principles and pro-

cedures, we will have lost immediately

the liberty which we hope to preserve.

There are certain risks which a democ-

racy must take if it wishes to preserve

democracy. ...

``While teachers and students are free

to present controversial ideas and argu-

ments, advocate unorthodox views and

criticize the status quo, we are assured

that our democracy will be safe because

these privileges and conditions are basic

to the preservation of liberty'

Sec. 34.66, P. L. and RB.

U.S. POSTAGE

PAID

Los Angeles, Calif.

Permit No. 13089

a