vol. 4, no. 12

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. IV SAN FRANCISCO, CALIFORNIA, DECEMBER, 1939 No. 12

REPRESSIVE LAWS THREATEN

Five Bills Betore Congress Constitute Unparalled Attack On Free Speech

When Congress reconvenés in January it will be asked not only to grant $100,000 to the discredited Dies Committee, were jammed through the House at the last but it will have before it five repressive bills that regular session of the 76th Congress in addition to one that went through the Senate. As Roger Baldwin pointed out in his recent ad- dresses in Northern California, there is a real. danger that these measures will be adopted unless an aroused public expresses its disapproval to Congress.

These proposals are “unparralleled in American history for their attacks upon free speech,” said Mr. Baldwin. : “Some are directed against aliens, some against citizens. Two of them would create crimes of opinion for all of us. One would punish any utterance Or publication which counsels disobedience in the armed forces of the country (H.R. 5138). Under the bill any paci-— ‘fist publication, any criticism of the army and navy or indeed of the National Guard in strikes, might readily result in prosecution.” (A similar measure, S. 1677, has passed the Senate). The other bill penalizes a doctrine which we all«abhor, ‘the overthrow of the government by force and violence.’ Reasonable on its face, the experience of the states under similar laws makes only too evident with what ease that doctrine is stretched to cover any radical Opinion or advocacy, however peaceful the methods proposed. (This proposal is in the form of a rider to the meritorious Walters espionage bill, H.R. 6075.)

Anti-Alien Hysteria .

“The bills aimed at aliens—born of a hysteria against foreign influences and of the false assumption that all aliens are enemies of the United States—have been passed by the House in a burst of patriotism and are pending in the Senate. One of them (H.R. 5643) would imprison indefinitely in concentration camps, politely called places of detention, all aliens ordered deported who cannot secure passports to their native lands. In these days when native lands so frequently disappear over night, it is im- possible for scores of aliens to get passports from non-existent governments. And yet it is proposed to lock them up indefinitely through no fault of their own, because we are fearful that their freedom somehow endangers us. — :

“Another bill (H.R. 4860) provides that any alien advocating any change whatever in the American form of government shall be forthwith deported—however peaceful the change he may advocate. Even the -espousal by an alien of a constitutional amendment would be a ticket to leave. Any distinguished foreigner who had ever suggested a change in the American form of government would be inadmissible to the United States.

Registration of Aliens

“A third bill (S. 409) proposes to register every alien in the country for the purpose of keeping track of potential enemies. But one can imagine the impossibility of en- forcing such a law in a country with mil| lions of foreign-speaking, naturalized citi- zens, unless the entire population were registered and we all carried cards proving our identities.

“This plague of anti-alien legislation is menacing not only to aliens but to the rights of all of us. For one measure striking at (Continued on Page 4, Col. 3)

| We Depend Upon You

As we go to press, 150 persons have made pledges and contributions for the fiscal year ending October 31, 1940. We are a long way from raising the $4,000 necessary to carry on for another twelve months. We are depending upon every member and friend to make some contribution or pledge to enable us to meet the following budget:

Salaries 229 4. 8 $2,200 Printing and Stationery.................. 750 Rent: 5 ee 330 Postage (020 270 Telephone and Telegraph............... 150 raveling’ oo 100 Furniture and Equipment.............. 100 Waxes 200 ee 25 Miscellaneous ......0..0.....--:c-c2000---75 Total $4,000

How much should you pledge? We again ask each supporter, if possible, to give $15 a year. If you can give more, we hope you will do so. But, no matter how much you give, please try to INCREASE your contribution, no matter how little.

We are enclosing pledge cards and return envelopes for our members and friends who have not yet responded to our appeal. Incidentally, a lump sum payment of your pledge will save us the bother and cost of future billing.

IF YOU WANT THIS IMPORTANT WORK TO CONTINUE IN THE PRESENT EMERGENCY; IF YOU WANT TO RECEIVE OUR MONTHLY PAPER; WON’T YOU PLEASE SEND YOUR CHECK NOW?

DO YOUR PART!

h S.F. POLICE VIOLATE. CIVIL RIGHTS

Three cases of police interference with civil rights have arisen in San Francisco during the past month. In the most flagrant case, Officer W. Casey on ‘Tuesday evening, November 21, invaded the headquarters of the Socialist Workers Party at 1345 Buchanan Street, and, without a warrant, arrested George Adams, 19. He was booked as a “$1000 Vag,” mugged and fingerprinted, and refused permission to telephone an attorney. Next day he was brought before Judge Theresa Meikle. The officer sought to excuse the arrest on the ground that he was looking for a Chinese lottery, and thatuponcialist Workers Party headquarters he found Adams with a paint brush in his hand which could have been used to turn out lottery tickets. Fortunately, Attorney Wayne M. Collins was in the court room. He interceded for Mr. Adams and the case was dismissed. It is hoped that Mr. Adams will be willing to bring a suit for false arrest and imprisonment and illegal fingerprinting against the police officers involved, because it is reported that police have made other visits to the headquarters.

Mr. Adams was also the victim of another arrest on a vagrancy charge a few weeks before the foregoing incident. On that oecasion he was distributing anti-war literature in front of the San Francisco Junior College on Powell Street. On recommenda-. tion of the District Attorney the court decided to hold Mr. Adams for observation, not understanding that actions which seemed strange to the court were due to Mr. Adams being hard of hearing. Attorney Wayne Collins explained the matter to the court and the case was dismissed.

The third incident arose on November 15: when Louis Masterson was arrested -for ‘failing to move on” in the vicinity of the main Public Library when directed to do so by an officer. At the time, Mr. Masterson’ was arguing against the recall of Governor Olson with a Ham and Egg adherent. Some: twenty-five or thirty people collected to hear the discussion and the police officer : sought to disperse them. There was a conflict in the testimony on whether or not: passage way on the sidewalk was blocked. After an hour’s hearing, Judge Theresa Meikle dismissed the charge. Mr. Master son was represented by A.C.L.U. Attorney Wayne M. Collins.

Wide Distribution of A.C.L.U. Membership

At the end of the fiscal year on October 31, the local branch of the Union had a paid-up membership of 602—the largest in its history. That membership resides in 65 California towns and cities, principally in the bay area; 12 states besides California; the District of Columbia; two U. S. territories, and one South American republic.

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Dies Hit for Publication Of Membership And Mailing List

Basing its objection on the circumstances surrounding the recent publication by the Dies Committee of a list of names on the Washington membership and mailing list of -the American League for Peace and Democracy, the Civil Liberties Union has de- nounced the action of the Congressional Committee as an “attack on civil rights.” The Union’s stand, taken after exhaustive study of the incident by its board of directors, is expressed in a letter to Rep. Martin Dies, committee chairman, by Arthur Garfield Hays, A.C.L.U. general cougsel. While asserting that the mere fact of publication of an organization’s membership list is “not necessarily objectionable” to the Union, Mr. Hays assails the implication that everyone connected with the League in any way was somehow engaged in subversive activities.

“The publication of this list,” writes Mr. Hays, “practically charges people with guilt by association, whereas it is funda‘mental to our institutions that guilt is in- dividual and personal. It is true that these people are not condemned by a court; that makes the situation worse. They are pilloried by public opinion, not for what they have done, but because of what someone else may have done or may have said or may have believed.”

Pointing out that even now it is not clear whether the names mentioned were those of members or of people on a mailing list, the Union contends that the Dies Committee should have been ‘“‘particularly careful not to publish the names of non-members. Guilt by association runs riot when extended to those on mailing lists.” “We have heretofore had some doubt about the propriety of publication by your ‘committee of other names of individuals -and lists without complete investigation, but no other instance has raised the quesa of ‘guilt by. association’ so clearly as ethis.

“In view of the publication only of the list of members of the League who live in Washington (and their salaries), the question arises as to whether there was not a political purpose in naming persons con‘nected with the New Deal.”’

Mr. Hays’ letter makes it.clear that the Union’s objection arises not from the fact of publication but from the surrounding circumstances. ‘Men have a legal right to ‘express their views and to join organizations,’ the letter concludes. “The fact that a Congressional committee may publicize their names in this manner would persuade many persons to be as fearful of the expression of their views as those in totalitarjan states.”’

FIVE COMMUNISTS ACQUITTED OF SYNDICALISM CHARGE IN IOWA

In the first attempt during the present “emergency” to prosecute Communists under state criminal syndicalism laws, five Communists arrested under the Iowa statute were recently acquitted by a district court grand jury in Sioux City, which failed to return indictments against them. John D. Denison, counsel for the Iowa Civil Liberties Union, appeared in behalf of the defendants.

The men were arrested after a public meeting devoted to discussion of the inter- national situation, and charged with ‘“‘inciting hostility against the State of Iowa and the United States.”’ A suit case contain| ing literature displayed for sale at the meeting was seized by police, who later raided one of the defendant’s homes and seized two bushel baskets of Communist literature.

The Civil Liberties Union is aiding in the Civil Liberties in the Present

“NATIONAL EMERGENCY”

The United States in the tension created by the European war is evidently headed toward measures fraught with danger to civil liberties. It is more imperative than ever that every precaution should be taken to guard those rights against infringement on the pretext that the threat of involvement in war justifies exceptional measures.

Under the proclamation of a national emergency declared by the President on September 8, action has already been taken which may easily affect civil liberties.

1. The Department of Justice is adding up to 150 new agents of the Bureau of In- vestigation whose duties will, it is stated, be to keep track of influences which threaten our neutrality. Such a function is of course legitimate; but experience has shown that ‘the effort to combat such forces often results in curtailing free exercise of civil liberties. ‘Instructions by the Federal Bureau of Investigation to all law enforcement officials — throughout the country call for reports to the Bureau on “espionage, counter-espionage, sabotage, subversive activities and violations of the neutrality laws.” /

Vigilante Organizations Created |

2. In anticipation of cooperation with the federal government in that task, a number of local law enforcement officials have already created what may be properly described as vigilante organizations of citizens deputized to report on unneutral influences. Such vague powers in the hands of citizens’ groups are always dangerous. The creation of citizens’ committees to spy on other citizens is indefensible. The Bureau of Investi- gation is alive to the dangers and is indirectly opposed to cooperation with such com- mittees. J. Edgar Hoover, its chief, said on October 10th:

“In the wave of patriotism that is rising in the country there lies the danger of over-zealous groups or individuals engaging in acts which are distinctly un-American in method, no' matter how patriotic in aim. We need no vigilantes in this situation. The vigilante method is distinctly contrary to American ideals of Justice.” .

Suppression of Minority Groups Advocated

3. The lawlessness which often marks official zeal has reflected the ‘““emergency”’ spirit in raids by the Dies Committee of Congress in Chicago and Washington on offices under investigation. These lawless raids are without precedent in recent years, and were clearly due to the atmosphere of hysteria created by the Committee itself through play- ing up war prejudices.

4. Ominous proposals are gaining greater currency. for the suppression of those movements regarded as hostile to American interests because they are or appear to be partisans of nations to which majority of opinion is opposed or because they appear to be under the control of foreign governments. These proposals affect chiefly the Ger- man-American Bund and the Communist Party, whose dissolution has been demanded — by Martin Dies, Chairman of the House Committee investigating un-American Activities, by resolution of the American Legion and by other bodies. It is hardly necessary to point out the universal lesson of history that the suppression of one group leads inevitably to the suppression of others; that all discussion and criticism is in danger when one source of opinion is suppressed. The right to hear is as important to all of us as the right to be heard. No justification exists for outlawing any organization sympathetic with countries with which the United States is at peace nor sympathetic even with enemy countries if the United States were at war. Acts in violation of law can always be punished without suppressing a movement.

If the freedom of American citizens to organize political parties of any character is curtailed, we no longer can govern ourselves in ways of our own choosing.

5. Pending in Congress are gag bills already far along toward passage, which may easily be adopted under the pressure of an emergency. They would establish for the first time during peace, federal crimes of opinion — notably the McCormack rider to an amendment to the Espionage Act, penalizing ‘advocacy of the overthrow of the government by force or violence,” and the bills punishing any form of incitement by speech or publication to disobedience in the armed forces (the Smith bill, H.R. 5138 passed by the House, and the Walsh bill, S. 1677 passed by the Senate). None of the bills pending in Congress to further restrict the rights of aliens nor to punish utterances is defensible under our Bill of Rights.

Government Operation of the Radio

6. Government operation of the radio when a national emergency is declared by the President, which is authorized by the Communications Act of 1934, would put the most powerful vehicle of propaganda in official hands. We are fearful that government operation would seriously limit the degree of freedom now enjoyed under diverse private ownership.

The President’s declaration of a national emergency may easily tighten up regulations at other points. The unused but unrepealed sections of the Espionage Act relating to the transmission in the mails of matter held to counsel forcible resistance to any law of the United States are easily invoked. Existing law is entirely adequate to protect the interest of the government and of neutrality. No further regulation of the mails, of the press or of other means of communications is justified in the present situation, nor in- deed in our judgment would it be justified even in the event of the country’s involvement in war—with the sole exception of short-wave broadcasts to foreign countries.

Vigilance Necessary

The Civil Liberties Union urges the utmost vigilance to protect the country in the present situation from the sacrifice of any of our hard-won liberties which have so gained in strength in recent years and which are obviously the heart of our democratic life. If democracy is to survive it can do so only as it maintains its strength to function in a crisis where passions rise high and yet in which the rights of every minority must be maintained, not only for their benefit, but more for the benefit of the majority, to which criticism and discussion are essential for guidance and progress.

Gov. Olson Supports Religious Liberty School children in the towns of Roblea and Mills, near Sacramento, who refused appeal to the Iowa Supreme Court of William Sentner, C.I.O. union official, recently convicted of violating the Iowa criminal syndicalism law as a result of his activities in last year’s Maytag strike at Newton to salute the flag because of religious objections, were expelled but readmitted ee ee Olson intervened in their behalf.

MAKE A PLEDGE FOR '40

Let Freedom Ring

Why C. S. Victims Seek Pardons

If you want to know why the victims of the California Criminal Syndicalism Act, none of whom are in prison, feel they should be pardoned by Governor Olson, read the following typical statement given by Hagbard M. Edwards on the application we just filed for him. He was among ten ‘persons arrested in Sacramento on April 1, 1922, after testifying in another criminal syndicalism case.

“Neither I nor any of my co-defendants were charged with or found guilty of any ‘overt act’ or REAL crime. In my endeavor to organize the workers into the I.W.W. I never made a public statement or committed any act which is or was against the Constitution of the United States of America. In that respect, I never did anything for which I am sorry or for which I would offer an apology. The State of California owes me a pardon, if not an apology, as it does to every one of my fellow workers who was victimized by the Criminal Syndicalism Law. I should be proud to accept a pardon from Governor Olson because he is one governor of California in my time who has proved himself to be a man of integrity, honor and public decency.”’

Thirteen Pardon Applications Filed

During the past month, five more pardon applications for C. 8. victims were filed with the governor’s office, bringing the total number of applications to thirteen. All thirteen applications have been referred to the Advisory Pardon Board for recommen- dation, and action on four of them is expected some time this month.

Resident of Sweden Seeks Pardon News of our activities in behalf of C. S. victims has reached Sweden. A copy of the September issue of the A.C.L.U. News with its. lead story of “7 C. S. Victims Seek Pardons,’”’ was sent to Charles Lesse, who was one of the early victims of the California law. He was convicted in Eureka in January, 1920. In March, 1922, Mr. Lesse was deported to Germany, but he now resides He asked us to file a pardon in Sweden. application in his behalf and we sent him the necessary forms two weeks ago. cants reside in California, a few live in Washington, Oregon, or Wisconsin.

Cal. “‘Y’’ Supports Free Speech

‘The University Y.M.C.A. at U.C., Berke ley, has recently suffered criticism because it rented its hall to the communist group on the campus. In a splendid answer to this criticism, which we are sorry we do not have the space to reprint, the ‘““Y” supports its traditional democratic practice of permitting any campus group, irrespective of its political or economic beliefs, to rent its facilities. The “Y” declares that it upholds civil liberties for all because, ‘‘A liberal and vital character-building agency like ours can’t survive when civil liberties are crushed. . The guarantee of freedom of expression means freedom, for people we don’t like, to say things which sound foolish and dangerous. ... The preservation and enhancement of democracy should be of primary concern to all citizens in this present hour... .”

Incidentally, seventeen persons attended the meeting that was complained about.

The Right of Assembly.

In Berkeley, the School Board recently referred to the Attorney General the question whether it should grant a permit for the use of the schools as meeting places to the Communist Party. Under the language of the Civic Center Act, as amended in 1935, any group which advocates the overthrow of the government by force and violence is barred from the use of the schools as meeting places. In this case, an application for a permit was made on the “usual form” under which the petitioner affirms that it is not such a forbidden group. The District Attorney has already ruled that on being gradually reestablished Inci| . dently, while most of the thirteen appli— Justice Holmes: ‘of the Constitution that more imperatively

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Battle Against Repression Goes On In San Jouquin Valley

With the cotton strike in the San Joaquin Valley more or less broken, civil rights are in the “Grapes of Wrath” country. Latest developments in the battle against repression by the powerful Associated Farmers are: U.S. District Judge Campbell Beaumont ’ of Fresno sustained completely the contentions of the Civil Liberties Union when he declared unconstitutional a Madera County ordinance prohibiting “parades, processions and caravans” without a permit from the sheriff. He ruled that it denied freedom of speech and assemblage because it lodged “in the sheriff the arbitrary power to de- termine to whom these rights would be accorded in Madera County.

Picketing Resumed

The ordinance had been used by Sheriff W. O: Justice as an effective device to outlaw picketing. Two or more automobiles proceeding along the highway transporting .strikers to the picket lines were declared by the sheriff to constitute a “caravan” and therefore illegal under the ordinance. Strikers’ picket caravans are again touring the roads around the cotton fields.

The right to assemble peaceably in Madera County has been revived, as indicated by two recent meetings of strikers and sympathizers without interference from Asso- ciated Farmers or vigilantes (except for the sprinkling of a poisonous powder on the platform at one of the meetings).

13 “Conspiracy” Cases Remain

All the .strikers arrested in Kings and Tulare Counties have been released; abatement proceedings were dismissed upon the setting up of a workers’ camp by the United States Farm Security Administration. Seven strikers and Jack Young, “People’s World” correspondent, were released in Madera County for “lack of evidence.” Thirteen other strikers are in jail on charges of ‘‘conspiracy” to violate the Madera County anti-picketing ordinance. On the other hand, District Attorney George Mordecai has refused to issue a warrant for the arrest of the vigilante leader but has referred the case to the Grand Jury.

The suit against Sheriff Justice, sued for false arrest and unlawful fingerprinting of Ray Williams, cotton picker, is scheduled ie eo trial. The suit is sponsored by the

No Word From Warren

A conference of Civil Liberties Union representatives with Governor Olson has re- sulted in an official request from the Govyernor to Attorney General Earl Warren that the latter prosecute vigilantes for mob violence and lawlessness. No word has come from the Attorney General as to what steps, if any, he will take.

The LaFollette Civil Liberties Committee subpoenaed .George. Mordecai, Madera County District Attorney, to bring records before the committee, and particularly to allow inspection by a representative of the committee, one of whomwas gassed four weeks ago when Associated Farmers attacked and broke up a peaceful strike meeting. Mordecai announced that he “would definitely refuse to produce records unless compelled to do so on pain of contempt proceedings.”

‘the evidence before it the Board could deny the permit, but even if the objects of the Communist Party and the purposes of the meeting are legal, the granting of the permits is discretionary and not mandatory.

HARVARD BAN ON BROWDER PROTESTED

Refusal of Harvard officials to permit Earl Browder to address the John Reed Society was vigorously assailed by the Civil Liberties Union in a telegram to President James -B. Conant signed by Harvard alumni members of the Union’s board of directors.

The telegram declared: ‘The barring of Earl Browder from speaking at Harvard teaches a deplorable lesson in democracy, a lesson unworthy of Harvard heritage or American tradition. As Harvard alumni who are members of the American Civil Liberties Union Board of Directors, we strongly urge you to revoke the ban and reaffirm the doctrine of Harvard’s illustrious ‘If there is any principle calls for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for the thought we hate.’ ”’

Signing the protest were Dr. Harry F. Ward, A. C.L.U. chairman; Roger N. Baldwin, director; Carl Carmer, Osmond K. Fraenkel, Corliss Lamont and Quincy Howe.

In barring Browder, Harvard’s statement implied the action was taken because of the Communist’s recent indictment on a false passport charge.

BOOK-BURNING IN EAST ST. LOUIS TERMED “TOTALITARIAN ACT”

Burning of its three copies of J ohn Steinbeck’s “Grapes of Wrath” by the Library Board of East St. Louis, Ill., was condemned this week by the National Council on Free- dom from Censorship, of the Civil Liberties Union.

In a telegram to the library board signed by Quincy Howe, chairman, and Hazel L. ics, secretary, the National Coitiell said:

“Your action in ordering your three copies of Steinbeck’s ‘Grapes of Wrath’ | burned condemns itself as a parallel to recent acts by totalitarian governments. This book has been hailed by enlightened critics all over the country as one of the most significant exposes of an evil social condi| tion as well as a fine literary work. Instead of burning the book, more copies should be made available for what your own librarian described as ‘the waiting list longer than for any other book in recent history.’ ”’

PLAN TEST OF BARTOW, FLA., LAW BANNING “UN-AMERICAN” LITERATURE

A legal battle against a newly enacted ordinance in Bartow, Florida, prohibiting literature of an “anti-American” nature and banning all Communist or Bund meetings has been promised by the Civil Liberties Union.

In a telegram to the Bartow City Commission, Arthur Garfield Hays, Union general counsel, charged that ‘such an ordinance is in itself anti-American and repre-sents the clearest violation of constitutional guarantees of freedom of speech, press and assembly as defined by the Supreme Court of the United States.”

“(Democracy can not be precerved by the use of undemocratic measures and we urge immediate repeal of the ordinance. The mere enactment of such legislation is dangerous and unless repealed we shall test its legality in the courts.”

The ordinance, enacted at the request of the local American Legion post, makes it unlawful for “any person to print or distribute any communistic or nazi literature or any literature having for its purpose the creation of an anti-government tendency, or to incite or procure any gathering of two or more persons at any one place for the | “purpose of hearing any address or deliver before any gathering any remarks of an anti-government nature, having for its pur— pose the creation of a mental tendency against our present form of government...”

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American Civil Liberties Union News

Published monthly at 216 Pine St, San Fran cisco, Calif., by the Northern California Branch of The American Civil LibertAies Union.

Phone; HXbrook 1816 ERNEST BESIG Editor PAULINE W. DAVIES....................Associate Editor

Subscription Rates—Seventy-five Cents a Year. Ten Cents per Copy.

A.C.L.U. Not Oposed To Revised N.L.R.B. Order In Ford Case

Contending that the recently amended order of the National Labor Relations Board affecting the Ford Motor Company indicates that statements by employers will not be barred unless they are “actually coercive or otherwise destructive of the rights of employees,” the Civil Liberties Union has declared that it does not object to con- firmation of the Board’s order by the Circuit Court of Appeals, where the question of enforcement is now pending. The Union will not, therefore, file a brief in opposition.

At the same time, the Union emphasized that it will “scrutinize with great care,’ any action taken by the N.L.R.B. in enforecing the free speech provision of its order. According to the Union, the inference cannot be hastily made that future statements by the Ford Company hostile to labor are coercive, because of the lapse of time since the commission of “unlawful acts’ complained of by labor.

The statement embodying the position of the Union, adopted by its Board of Directors, follows:

“The American Civil Liberties Union does not object to the confirmation by the Cir- cuit Court of Appeals of the order of August 9, 1939, issued by the National Labor Relations Board against the Ford Motor Company. The Union did protest against the original order issued by the Board on December 22, 1937, on the ground that this order appeared to restrict the Ford Company’s right of free speech regardless of the coercive effect of any statements made or distributed by the company. The present order appears to limit the restrictions on the Ford Company in situations in which the statements distributed are coercive or otherwise improperly interfere with employees’ rights.

“While the Board failed to accept the suggestion made to it by the Union that this second order be rephrased so as to remove any possible doubts concerning its meaning, the opinion rendered by the Board accompanying the order indicates that it is not the purpose of the Board to restrict freedom of expression by employers except where such expression is coercive or intimidatory. That being so, the Union sees no reason for opposing the enforcement of the order.

“The Union will, however, scrutinize with great care any action taken by the Board to enforce the order. If, in fact, the Ford Company shall faithfully obey the provisions of this order and comply with the spirit of the National Labor Relations Act, it, like any other employer, should remain free to state to its employees its opinions concerning labor unions or any other relevant subject.”

Civil Liberties Meetings

Roger Baldwin spoke at 10 civil liberties meetings during his visit to the bay area from November 5 to 12, at which some 2500 persons attended. During the past month, Ernest Besig, local director of the Union, spoke to the San Francisco After Dinner Club, the Federation of Women of the Congregational Churches in Oakland, and the Downtown Forum in San Francisco.

Mr. Besig speaks at the Christian Social Action Fellowship in Oakland on December 2nd, the Inverness Club, Berkeley, on December 3, the San Mateo University Women in Burlingame on December 7, the American League for Peace and Democracy in Palo Alto on December 8, and the Fellowship of Reconciliation in Berkeley on December 12. :

ROGER BALDWIN HAS THE

Handbill Decision Affects COURAGE OF OUR CONVICTIONS

Following are the introductory remarks of Mr. George P. West on the occasion of the Baldwin luncheon meeting in San Francisco on November 5:

“Clarence Darrow once showed me a photograph of his son, and said of him, ‘He has the courage of my convictions.’

“For twenty-five years, Roger Baldwin has had the courage of our convictions.

“During the last war he spent his time trying to keep members of the LW.W. out of jail and to preserve their right to speak and meet and publish, until they put Roger himself in jail and even he bored from within until he had his jailers converted to civil liberties.

“During this war it looks as though he will be spending his time keeping Communists out of jail and protecting their right to speak and meet and publish. And that job will be no easier.

“Roger Baldwin, in my opinion, has done the most important and useful job of public service during the past quarter of a century of any man in this country notin public office, and I make that qualification only to give President Roosevelt a break.

“We are a generation skeptical and wary of absolutes. But if there is one absolute value in the political field it is the liberty of the individual to speak his mind freely. It goes to the essence of the matter, the dignity and worth of the individual, which is the objective on which all humane and respectable systems from Christianity to Socialism agree. Freedom is the essence of it, and the changing years make us only more firmly convinced that this is so.

“I present Roger Baldwin as the nation’s foremost champion of that proposition.”

FLAG SALUTE CASE HEADED FOR U. S. SUPREME COURT

In support of the right of school children to refuse on religious grounds to salute the flag, the Civil Liberties Union plans to file a brief as friend of the court in behalf of Jehovah’s Witnesses in the appeal to the U.S. Supreme Court by the Minersville, Pa., school board from the recent decision of the Third U.S. Circuit Court of Appeals at Philadelphia.

The Circuit Gourt’s unanimous decision affirmed a District Court ruling that the school board had no right to expel Lillian and William Gobitis, members of Jehovah’s Witnesses, because their religious tenets held that to salute the flag is to “bow down to a graven image.” The Civil Liberties Union had filed a brief amicus curiae.

The opinion, written by Judge William Clark, declared that “the conscientious scruples of all men should be treated with great delicacy and tenderness. Reverence is manifestly something deeper than law.” Previous appeals to the U. S. Supreme Court from decisions by the highest courts of New Jersey, Massachusetts, Georgia and California upholding flag salute laws, were denied consideration by the high tribunal on the ground that no “substantial” Federal question was involved. The Circuit Court at Philadelphia took the position that the Supreme Court had changed its mind when it assumed jurisdiction in the Jersey City free speech case.

Vincent Ferrero

The Sallitto-Ferrero deportation case is finally closed. The proceedings against Sallitto were dropped more than a year ago, while Vincent Ferrero has become a refugee in another land, not revealed, after residing in the United States for 35 years. It will be recalled that Sallitto and Ferrero were arrested in Oakland in 19384, because they ented office space in their restaurant to the Anarchist publication Man. Ferrero was ordered deported to Italy as an alien anarchist, but accepted voluntary departure to another country, because he faced imprisonment or death in Italy.

position thereto. -respondence columns of your local papers,

San Francisco Ordinance

The U. S. Supreme Court in a 7 to 1 decision, Justice McReynolds dissenting, held unconstitutional three anti-handbill ordinances and another requiring permits for house-to-house distribution of literature. The A.C.L.U., C.1.0., A.F.L. and Jehovah’s Witnesses brought the cases to the Supreme Court. Among the handbill ordinances held unconstitutional is that of Los Angeles.

The heart of the court’s decision is the following statement by Justice Roberts: “Although a municipality may enact regulations in the interest of the public safety, health, welfare or convenience, these may not abridge the individual liberties secured by the Constitution to those who wish to speak, write, print or circulate information or opinion. ... The purpose to keep the streets clean and of good appearance is in- sufficient to justify an ordinance which prohibits a person rightfully on a public street from handing literature to one willing to receive it.” In the Lovell case decided in 1938, the Supreme Court held that municipalities could not prohibit the distribution of literature or require a permit for such distribution. These two cases, then, should settle once and for all the right of citizens in the exercise of freedom of the press, to distribute literature on the streets and from door to door.

The effect of the decision will be to make unenforceable, except in cases of commer- cial advertising, the San Francisco handbill ordinance and scores of similar ordinances throughout California which have been applied especially against labor, unpopular political groups and a few religious sects. In fact, the constitutionality of the San Francisco ordinance has been questioned in the case of John Thurber and Jack Cope, now pending before the Appellate Department of the Superior Court.

. During recent months, the San Francisco police have arrested persons for distribut- ing anti-war leaflets in front of the San Francisco Junior College, and for circulat© ing handbills concerning the Western Union Strike. In fact, the latter case is even now pending in the courts. .

We understand that distribution of political literature in front of the Junior Col- lege will again be attempted. If San Francisco police interfere, appropriate action will be taken in the federal courts by the Civil Liberties Union.

REPRESSIVE LAWS THREATEN

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free speech leads easily to another. One member of the House of Representatives in the debate characterized the temper in which these bills were passed by saying that the Ten Commandments could be repealed in the House if an alien bill were hitched to them. With the hostility so prevalent throughout the country, the forthcoming session of Congress may well adopt in time of so-called national emergency these measures which we would not think of adopting in less excited times. Every effort should be made to defeat them all, if we are to survive this crisis with our liberties intact.”

Suggested Action

Committees of citizens should wait upon their own Congressmen and Senators Downey and Johnson to express opposition to these bills before the legislators return to their duties in Washington around the first of the year. Communications should be addressed to the Chairmen of the various committees in which the bills are now resting protesting against the passage of the legislation. Letters should also be sent to your own Congressmen and Senators.

The legislation should be discussed in organizations and resolutions adopted in.op- Send letters to the corand ask thé editor to take a stand against the bills. Action of the above kind must be taken at once if these bills are to be defeated.