vol. 17, no. 2

American

Civil Liberties

Union-News

_ Free Press

Free Assemblage

Free Speech

"Eternal vigilance is the price of liberty."

VOLUME XVII

SAN FRANCISCO, CALIFORNIA, FEBRUARY, 1952

Gideons Seek Distribution of

Testaments in Oak. Schools

The Oakland Board of Education on January

23 took under consideration a request by the

Gideon Society to distribute the "Gideon Bible' -

New Testament, Psalms and Proverbs-to stu-

dents in the Oakland public schools.

The ACLU had enquired of Supt. Selmer H.

Berg about this matter, but on January 11 he ad-

vised the Union that no official request to distri-

bute the "Gideon Bibles" had been received.

Two Jewish representatives filed protests

against distribution of the Testaments. City Audi-

tor David V. Rosen, president of the Jewish Com-

munity Relations Council, sent a letter for his

group, and Rabbi William Stern of Temple Sinai

personally presented the stand of the Jewish Wel-

fare Federation's Community Relations Council.

Rabbi Stern described a text previously given to

high school students as "purely a piece of religious

propaganda" because it included such features as

a profession of Christian faith with a space for

the owner's signature in the back of the book. But

even if this were eliminated, Rabbi Stern felt the

Gideon Bible should not be distributed because of

the difference in versions favored by various reli-

ions.

Rabbi Stern is reported to have stated that if

the Gideon Society is permitted to give students a

"religious tract" many other groups may want the*

same privilege, and thus the public schools might

become a distributing agency for "religious tracts

of different denominations." He concluded with a

plea that "in America the Church and State be

kept separate."

The matter will be considered by the Union's

Executive Committee at its meeting on February 7.

Negro Dectors Not Welcome

On Permanente Hesp. Staff

Last Fall, Permanente Hospital sought to rid

itself of a Negro intern who had been hired with-

out the full knowledge of the Superintendent, Dr.

Sidney Garfield. He was subsequently dismissed

on the ground that he had not satisfied the Hos-

pital as to his loyalty. In the face of the patent

racial discrimination, the Hospital retreated from

its position and reinstated the intern. But Dr.

Garfield and the Hospital administration appar-

ently intend that no other Negro doctor shall be

employed at the Hospital.

Recently, some 50 persons, including 10 Negroes,

applied for internships at Permanente. Before the

list was referred to the Intern Resident Commit-

tee, the administration weeded out the names of

all the Negroes. Also, the Hospital planned a pro-

gram of 2-year general practice residencies. Of the

five applicants, however, four were Negroes, so

the program was dropped.

In the meantime, the Hospital continues its

announced policy of requiring all employees to

establish their loyalty to its satisfaction.

Student Pledge Eliminated

At Chice State College

Chico State College has discontinued a pledge

required of students since World War I. The pledge

provided as follows: "I pledge myself without

reservation to obey, support and respect the Con-

stitution and laws of the United States. I pledge to

refrain from negatively or positively advocating

the use of methods not sanctioned by the Constitu-

tion and laws of the United States to effect modifi-

cation or replacement of the form of g vernment

of the United States."

The Union became informed about the matter

when a conscientious objector, who was a very

recent graduate of the college, asked the Union

whether it could not take some action to eliminate

the pledge. An inquiry directed to the President of

the College brought the response that the pledge

`4g no longer used at the college."

McCarran

Citizenship

Superior Court Judge Arthur C. Shephard of

Fresno County on January 4 denied the naturaliza-

tion petition of Arthur C. Jost, West Coast Re-

gional Director for the Mennonite Central Com-

mittee, on the ground that he had "not proved by

clear and convincing evidence to the satisfaction

of this court that he is opposed to the performance

of non-combatant service in the armed forces of

the United States, by reason of religious training

and belief."

The Mennonite Brethren Church, of which Jost

is a member in Reedley, is one of the historic peace

churches in this country. Moreover, during the

last war, Jost's claims as an absolute pacifist were

recognized under the Selective Service Act and he

was classified assuch.._-

Intemperate Opinion

The court's lengthy opinion in this case is one

of the most emotional, intemperate, flag-waving

and non-judicial displays that we have ever read.

The court's reasoning goes somewhat like this:

Some Mennonites are willing to enter the Army as

non-combatants and their faith does not forbid it.

In fact, "many members of the Mennonite faith

actually served as non-combatants in the armed

forces of the United States in World War I." Since

some Mennonites serve as non-combatants in ac-

cordance with their religious training, Jost cannot

claim his "religious training and belief" in the

same Church can create anything but a person

willing to do non-combatant service in the Army.

Under the McCarran Act, a pacifist applying

for citizenship must take an oath to perform non-

combatant service "Unless, by clear and convinc-

ing evidence he can show to the satisfaction of the

Naturalization Court that he is opposed to the

pearing of arms, or the performance of non-com-

batant service in the Armed Forces of the United

States by reason of religious training and belief."

In reciting the evidence in the case, the Court

stated: "The evidence contains the testimony of

Union Opposes Proposal for

State Loyalty Gheck Program

Four constitutional amendments affecting civil

liberties will face California voters in November.

One measure places the Levering Act oath in the

Constitution; another grants tax exemption to

private schools, while a third repeals a section of

the Constitution discriminating against Chinese.

The fourth proposal would empower the State

Legislature to set up a loyalty check program for

all public employees, including those at the Uni-

versity of California, as well as deny tax exemp-

tion to any person or group advocating the violent

overthrow of the government. Such an exemption,

for example, would be the $1000 deduction in real

property assessments allowed to veterans under

present law.

The proposal reads as follows:

"Sec, 19. Notwithstanding any other provision

of this Constitution, no person or organization

which advocates the overthrow of the Government

of the United States or the State by force or

violence or other unlawful means or who advo-

cates the support of a foreign government against

the United States in the event of hostilities shall:

"(a) Hold any office or employment under this

State, including but not limited to the University

of California, or with any county, city or county,

city, district, political subdivision, authority,

board, bureau, commission or other public agency

of this State; or

"(b) Receive any exemption from any tax im-

posed by this State or any county, city or county,

city, district, political subdivision, authority,

board, bureau, commission or other public agency

of this State.

"The Legislature shall enact such laws as may

be necessary to enforce the provisions of this

section."

ci Interpreted to Deny

to Absolute Pacifist

the applicant in which he describes all war as sin;

his belief in the literal teachings of the Bible; his

belief in absolute non-resistance to evil force and

his belief that even the wearing of the uniform of

the armed forces of the United States is sin. He

testified that he would not defend his infant

child from the mortal attacks of a ruffian. He

reiterated his belief in `literal' obedience to Biblical

instruction."

Forebears Fled From Russia

Here is some typical language from the Court's

opinion: "This man states that his forebears fled

from Russia to escape the persecution of the Bol-

sheviks on account of their religion and he admits

that the Communists would persecute him and his

sect here just as quickly as they would in Russia

if they gained control. But he seeks to hide behind

the bodies of other young Americans in order that

he might have religious freedom without an effort

on his part.

: "Tf this man really believes his professed doc-

trine of non-resistance, the Court is unable to

understand why he does not willingly return to

the Russia from which his forebears came, to there

endure, in the weak, spineless, amoebic passivity

he espouses and claims for his creed, the buffet-

ings of scoundrels from which the blood, sweat and

tears of others here protects him. Why should he

desire citizenship in a country whose Constitution

clearly shows its policy to be to protect its citizens

and homes by force of arms, if need be. How can

he, in all honesty, knowing the policy on this sub-

ject which our Constitution so succinctly states,

say from the witness stand that he believes in the

principles of our Constitution and will support

the Constitution ?"

The Union has not yet learned whether Jost in-

tends to appeal the decision to the California Dis-

trict Court of Appeal. -

Other Cases Arise

_ In the meantime, however, the Union has been

asked to intervene in the case of Aurora Angel

Yackel, a Jehovah's Witness. When she applied

for citizenship, Federal Judge Oliver Carter post-

poned the hearing in her case until February 13

and suggested she return to court with a lawyer.

Mrs. Yackel had informed the Naturalization

Service that Jehovah's Witnesses are not pacifists,

but that they refuse to fight in any war except as

members of the hosts of the Lord. Mrs. Yackel,

although a nurse, refuses to perform any non-

combatant service in the armed forces.

In setting the Yackel case for a hearing, Judge

Carter was mindful of the recent decision in the

Jost case and the present requirements of the law

that the applicant must present "clear and con-

vincing evidence" to the "satisfaction of the Na-

turalization Court" that he is an absolutist "by

reason of religious training and belief."

Cohnstaedt Precedent Threatened

The Union is aware of still a third case in which

the applicant, an absolute pacifist, will have a

hearing before a naturalization examiner on Feb-

ruary 4. Apparently, the right of absolute paci-

fists to naturalization, which was established by

the U. S. Supreme Court two years ago in the

Cohnstaedt case, is now seriously threatened by

the language of the McCarran Act and another

long battle may lie ahead before the right is

securely established, if at all.

Dr. Meiklejohn Speaks February 2

The American Friends Service Committee will

hold a conference on "Liberty and Loyalty'' on

Saturday, February 2, from 10:30 a.m. to 4:30

p.m., at the California Club, 1750 Clay Street,

San Francisco.

Dr. Alexander M. Meikeljohn, vice-chairman of

the Executive Committee of the ACLU of North-

ern California, will deliver one of the keynote

addresses at the morning session. Registration at

the conference costs $1.

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

Unfavorable Ruling in

"Death Sentence" Case

FLASH!! As we go to press, the local Immigra-

tion Service has advised the Union by telephone

that the Commissioner of Immigration has ruled

against Park, and that. he has been instructed to

proceed with the deportation. Locally, noone

seems to know whether-an administrative appeal

will be allowed to the Board of Immigration Ap-

peals. The Union has wired the Commissioner

requesting a copy of his order and serving notice

of an appeal to the Board of Immigration Appeais.

If administrative relief fails, the case will be take

to court. ae

fg

A hearing was held by the Immigration Service

in San Francisco on January 5 to alow Sang Rhup

`Park to show that because he is opposed to the

Syngman Rhee regime, he would sutfer "physical

persecution" if he were deported to South Korea.

`The Union secured a stay ot deportation four days

before Park was scheduled for removal to Korea

on an Army transport. ee

- The hearing was held in accordance with a sec-

`tion of the MeCarran Act whith reads: "No alien

shall be deported under any provisions of this Act

toa country in which the Attorney General shall

find that such alien would be subjected to physical

persecution." In addition. to testimony by Park,

various documents were introduced in evidence to

`show: what happens to political dissidents in South

Korea.

Included in the exhibits were a series of articles

by' Waiter Sullivan, former New York Times cor-

-resp6ndert in Korea. Mr. Sullivan reported early

in 1950 that the Rhee government had made

wholesale arrests and that "Torture appears to be

ain adeepted practice, although President Syngman

Rhee has' publicly attacked it as barbaric. In De-

`ceriber, however, the Home Minister warned that

`the torturing of Communists by the police is not

to be `criticized' according to the local press. The

police come under the jurisdiction of this ministry.

"A `few weeks earlier the National Assembly

had:yenaised a hue and cry over the number of prom-

inerit people who were dying under police and

army `torture. Cases cited included a former pro-

`fessor of law at Chosen Christian College, who

died`in a Seoul police station a few hours after ar-

rest. Cause of death was given as electric shocka'

- The Immigration Service has sent the record of

the hearing to the Attorney General without rec-

ommendation. There is no telling when a decision

will be forthcoming. In the meantime, Park, who

has been detained since November 29, will con-

tinue in custody. He came here as a student in

1937 and is being deported on the ground that at

the time of hisentry he was not in possession of a

valid immigration visa. oe

Court Tells Why It Reduced

Bail In L.A. Communist Cases

- Last: November, the U. S. Supreme Court de-

-eided that no basis had been shown to require $50,-

000: bail for each defendant in the Los Angeles

Smith .Act cases, and suggested that motions be

made in the District Court.for reduction of such

bail. After hearing such motions, Federal District

Judge. William:-Mathes refused to reduce the bail,

but the Ninth Circuit of Appeals in San Francisco

decided no ground had been shown for such high

bail and reduced it to $10,000 for six defendants,

and $5000 for five others. Nevertheless, when the

petitions of the three remaining defendants came

before Judge Mathes, he again refused to reduce

the bail and the Circuit Court of Appeals swiftly

reduced the bail in these cases to $5000, promising

an opinion at some time in the future.

On January 10, 1952, a unanimous opinion, writ-

ten by Judge William Denman, was handed down,

which said, in part, as follows:

"The short of the matter is that the trial judge

has failed to follow the Supreme Court decision in

the Stack. case. The holding was that in the cases

there dealt with bail should not be higher than

that normally fixed for offenses carrying like pen-

alties, in the absence of showing of special circum-

stances requiring larger bail. No such special cir-

cumstances were shown, yet bail was again fixed

at $50,000, the amount which the Supreme Court

said `cannot be squared with statutory and con-

stitutional standards for admisison to bail.'

"No one can read this.record and conclude that

_atiy of these appellants can' furnish the $50,000

bail fixed. As long as it stands, they will remain in

jail: When bail is thus fixed in an impossible

amount, in a case not involving any more showing

`of special circumstances than what appears here,

the courts render themselves subject to the suspi-

cion that, as `suggested by Mr. Justice Jackson in |

the Stack case, the amount has been fixed `not as a

reasonable assurance of their presence at the trial,

but also as an assurance that they would remain

in jail.' "'

"Relationship of a

Associations to

By a close vote, the national board of the ACLU

on November 26, 1951, adopted a statement of

`policy concerning the ``Relationship of a Teacher's

Views and Associations to his Teaching Position."'

The issue was then submitted to the members of

the Corporation, and, on January 7, 1952, it was

announced that the statement, one of three sub-

mitted for consideration, `had received approxi-

mately two-thirds of the first-place votes.'' The

Executive Committee of the ACLU of Northern

California voted for the new policy statement.

- That statement follows:

' The ACLU does not oppose the ouster or rejec-.

tion of any teacher found lacking in professional

integrity. It will not defend a teacher duly dis-

charged after proof that he has misused his posi-

tion to pervert the academic process.

On the other hand, the ACLU steadfastly op-

poses any ban or regulation which would prohibit

the educational employment of any person solely

because of his personal views or associations (po-

litical, religious or otherwise). Even though a

teacher may be linked with religious dogmatists

or political authoritarians, the ACLU believes that

he must nevertheless be appraised as an individ-

ual. The central issue, in considering a teacher's

fitness, is his own performance in his subject and

with his students. The ACLU opposes as contrary

to democratic liberties any ban or regulation

which would prohibit the employment as a teacher

of any person solely because of his views or asso-

ciations, such as Communist or Fascist.

Believing that an individualized judgment (as

against generalized condemnation) is a basic dem-

Treasure is. Naval Station

Bans Mickey Spillane's Beoks

Mickey Spillane's 25-cent Signet edition novels,

which sell by the thousands to the boys on Treas-

ure Island, and by the millions to the people in the

United States, have been banned at the Navy's PX

on Treasure Island. It seems that a chaplain be-

came curious about the tremendous demand for

Spillane novels and took a look at them. He con-

cluded they were not fit reading for our boys and,

as a result of his protest, the books were banned

early in January. Now, our sailor boys have to go

to alittle more trouble to get their Spillane novels.

Even so, once they get off Treasure Island, the

books are readily available at most cigar stores.

The Union's informant advises it that `the Spil-

lane novels are abominable. They are not only

hyper-sexy, but morbid, pathologically sadistic

and (if I may legitimately use a word which the

Communists have all but ruined) fascistic and

anti-social. In fact, I have referred to them. ..as

a deliberate attempt to see how far uncensored

publishing can go.

"But this still does not justify extra-legal, arbi-

trary, private censorship, which sets an extremely

dangerous precedent." It is a clear case of cen-

sorship, but the distributor is loathe to do any-

thing about it lest the ban on the novels be ex-

tended. He figures that the chaplain will eventually

be transferred, and, at that time, the novels can

be returned to the PX without any hue or cry.

College Prank Causes Delay

In Issuance of Passport

A college prank almost caused the denial of a

passport to a Univ. of California graduate last

month. He assumed that securing the passport

was only a routine matter but when it failed to

come through and little time remained for him to

make his sailing reservation, he was almost

frantic. He telephoned the Passport Division, in

Washington and they told him that no decision

had been reached. At the same time, they sug-

gested that he file an affidavit explaining his asso-

ciation with a subversive group. At that point he

consulted the Union and was given assistance in

preparing the required affidavit.

Interrogation of the man disclosed that some- . CI nat ti LE aba v

deport her. She.is stateless, and no country outside

time during his college career, before the last war,

a deputy registrar had visited his student rooming

house to register voters. In the course of such

registration, the voter is asked to state his party

affiliation, if any. One of the students who was

ist meetings, nor is he sympathetic with Commun-

ist ideologies.

Information about the foregoing incident, to-

gether with a listing of all of the organizations he

has ever been connected with, was presented in an

affidavit which was submitted to the Passport

Division. Shortly after the affidavit was filed, the

applicant received his passport.

ocratic. value, the ACLU urges. the. necessity for

appraising the work. of the individual. teacher.

The recent drives to discover Communist teachers

illustrate the dangers of proceeding without spe-

cific charges that relate to a person's own con-

duct. In point of fact few Communists have been

found .in the nation's. sehools `and: colleges. But

campaigns to expel Communists from educational

posts have rarely stopped at their first objective;

instead, they have led to attacks upon persons

who merely hold unpopular opinions. As a conse-

quence, teachers everywhere have been made less

courageous and. less. independent in the pursuit of

truth, more cautious and more subservient. ee

The harm done by a few teachers who might be

undetected in misusing their teaching positions for

political or religius ends, is far less than the harm

that-is dene by making: all teachers less responsible

and less. courageous. The. political or religious

screening of all teachers is far `more `dangerous

for education than the presence of. the occasional

teacher who.-is misusing his profession. Intelligent,

qualified' persons are`discouraged from going into

the teaching profession by threats of dismissal for

nonconformity."."' ae ed

" The ACLU will intervene in appropriate cases

"involving `the: discharge `of `a `teacher when action

is taken by administrative officials: without a prior

unfavorable judgment: by the teacher's colleagues

based: on professional incompetence, immoral con-

duct, or perversion of academic process. " 9

Gov't Seeks To Deport Young

Girl on Political Grounds.

x Phe Immigration Service last month ordered, the

deportation of a young: girl barely 18 years of age

who is. .charged `with -being ,"{An-alien who advo-

cates the economie, international and, government-

al doctrines of. world Communism," and with being

"likely to engage: in aetivity. which would be pro-

hibited by the,laws.of.the United States relating

to espionage, sabotage, public disorder, or other

activity subversive to the national security.'' In

addition,. `she is also charged with fraudulently

securing entry into,the United. States by conceal-

ang her-Communist sympathies.

ic es Tien S Wades wis wa be

in China but is stateless. She and her mother had

-been living. in a Displaced.Persons camp on the

Island of Samar in the Philippines for, two anda

half years when the State Department. granted a

-visa to the girl to come to the United States: She

arrived. here on February 23, 1951. She has. no

relatives here and her sponsor has taken no inter-

Ke f (c)

est in. her. Bei eo a . ee

`After her `arrival in' the United: States, the girl

bought. some Communist: literature.and attended

meetings of a: few "front" groups. Fearing she

was a spy, the left-wingers rejected her: .

Last October, `the girl wrote a letter to the: Im-

migration Service. requesting repatriation - to

China. The letter `stated that, "Under the existing

circumstances, I find it impossible to' adapt myself

to the American standard of life and consequently

wish to be repatriated to the country of my birth."

The Immigration Service called her in for a state-

ment and issued a warrant of arrest on October

29, 1951: Bail was set at $2000 and, in the absence

of such bail, she was held at the detention quar-

ters: os ig mG a s Ne

At the time the-deportation proceedings were

initiated the girl was still `seventeen years of age.

She impressed the Union as a`rebellious teen ager.

During her short `residence in this country `she

had worked as a typist. She has a high school.edu-

cation and also attended business college.

Following a hearing inthe case, and entry of. a

- deportation order, the girl was finally released on

$500 bail supplied' by the American. Civil Liberties

Union. She: was also placed on-parole. In the mean-

time, the case is pending on appeal. Following her

release..on January.18, the. girl again. managed

toseciirea Jobasalypist. =)

Even if the-deportation order is upheld, it seems

most unlikely that the United States can. ever

the Iron Curtain will accept an alien who has `been

rejected by us for politicalreasons.

ooo! Brief Filed in Oath Case.

present dared him to register Communist. He did .

and thought nothing more about it until the.

present time. He has never attended any Commun- ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

Wayne-M: Collins of. San, Francisco, `counsel. for

"four San' Francisco State College and City. College

teachers who. refused to sign the Levering Act

oath, on January 14, filed `his brief with the Cali-

`fornia, Supreme Court: answering four questions

raised .by:that.court. The court heard arguments in

these.cases last June 27. There is no way of know-

ing when a decision will. be handed down either

in the Levering: Act.test cases or the University

of California, oath eases, which were argued at the

same time.

Age

ee

Board of E

Non-Secta

As the result "

Superintendent o:

`Herbert C. Clish,

the operation of

schools to determ

in their nature. C

Board of Educat

him disclosed the

from a sectarian

stated that the |

opinion that club

not (operating) c

The Board una

tendent's recomn

be allowed under

sioner Levit state

the recommendat

cerning the Bible

so doing he desir

that he is reserv:

parts of the Supe

Commissioner ]

things to the foll

tendent's report:

groups cannot be

provisions of the

believes the majc

will support such

The Superinter

Bible Clubs were

two other groups

were said to be

High Schools. The

`tian Club," and a

faculty sponsor.

The Union got

discovered that h

one occasion aft

sponsor. In the al

not meeting. Mr.

attended about a |

present; that th

somewhat akin t

ment. He had att

parative religion

They were discus:

a, belief in God.

As for the gr"

Union has been v

information from

meeting room anc

invited to one m

attend because 0!

`gested to the spc

various meetings

The Superinten

wishing to meet

illowed to meet

that wanted to n

turned down, app:

studies to the Ki

The Union has

ricular activities

-open to all stude

ereed."? The Unio

priety of a `Chr

excludes those st

or who have no fa

`When the Uni

investigation into

to the Executive

be some reluctan

seen in action, it

all of the facts.

Supreme cent

Church-St

Two of the mc

- gions by the U. 0x00A7

. be rulings on th

`City's "released t

dren in public sx

classes of religic

schools on school

of the New Jerse

the Old Testamel

schools.

_ A test case of

started by two |

and Mrs. Esta C

ACLU and sever

contend that the

teenth Amendm"

' on the grounds

schools to help

" faiths. ACLU ha

`as a friend of th

time program w

: the principle of

ACLU will also f

The Supreme

cases on January

`|

:

the. necessity for

dividual. teacher.

mmunist teachers

ding without spe-

erson'S OWn con-

dunists have been

and: colleges. But

from educational

ir first objective;

cks upon persons

lions. As a conse-

ve been made less

. in the pursuit, of

ioservient. ._

ers who might be

hing positions for

sss than the harm

rs less responsible

tical .or religious

`more `dangerous

of the occasional

sssion.. Intelligent,

d from going into

ts.of dismissal for

appropriate cases

cher when action

is:without a prior

acher's colleagues

nce, immoral con-

rocess. 0x00B0 =

ert Young

punds

nonth ordered: the

ly 18 years of age

alien who advo-

and, government-

1," and with, being

ich would `be pro-

d1 States relating

lisorder, or other

nal security." In

vith fraudulently

states by conceal-

va, who was born

d her mother. had

ons camp on the

1es for, two and a

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AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

Board of Educ. Authorizes

Non-Sectarian Bi

Bible Clubs

As the result of an inquiry by the ACLU, the

Superintendent of Schools of San Francisco, Dr.

Herbert C. Clish, conducted an investigation into

the operation of certain Bible Clubs in the high

schools to determine whether they were sectarian

in their nature. On January 8 he reported to the

Board of Education `that the reports furnished

him disclosed that these clubs are not conducted

from a sectarian or denominational viewpoint. He

stated that the Legal Adviser has furnished an

opinion that clubs conducted in this manner are

not (operating) contrary to law."

The Board unanimously approved the Superin-

tendent's recommendation that the Bible Clubs

be allowed under existing conditions. `"Commis-

sioner Levit stated that he is in agreement with

the recommendation of the Superintendent con-

cerning the Bible Clubs in question, but that in

so doing he desires the record to definitely show

that he is reserving his opinion relative to other

parts of the Superintendent's special report."'

Commissioner Levit was referring among other

things to the following statement in the Superin-

tendent's report: "If it should prove that such

groups cannot be allowed under the existing law or

provisions of the Constitution, the Superintendent

believes the majority of the citizens of our State

will support such changes as are needed."

The Superintendent's report revealed that two

Bible Clubs were meeting in the schools and that

two other groups had asked to meet. Small groups

were said to be operating at Galileo and Balboa

High Schools. The latter group is called the `"Chris-

tian Club," and a Mr. Hummel was said to be the

faculty sponsor.

The Union got in touch with Mr. Hummel and

discovered that he had met with the group on only

one occasion after which he had withdrawn as

sponsor. In the absence of a sponsor, the group is

not meeting. Mr. Hummel stated that the time he

attended about a dozen highly emotional girls were

present; that they were an evangelical group

somewhat akin to the "Youth for Christ'"' move-

ment. He had attempted to interest them in com-

parative religion but they would have none of it.

They were discussing what great joy results from

a belief in God.

As for the group at Galileo High School, the

Union has been unsuccessful thus far in securing

information from the sponsor as to the regular

meeting room and meeting time. The director was

invited to one meeting which he was unable to

attend because of a hearing. The Union has sug-

`gested to the sponsor that it would like to audit

various meetings of the group.

The Superintendent recommended that a group

wishing to meet: at Polytechnic High School be

ullowed to meet there. However, another group

that wanted to meet at Mission High School was

turned down, apparently because they limited their

studies to the King James version of the Bible.

The Union has suggested that ``any extra cur-

ricular activities in the public schools should be

open to all students irrespective of race, color or

creed." The Union's director questioned "the pro-

priety of a `Christian Club' which by its name

excludes those students with non-Christian faiths

or who have no faiths."

`When the Union's director has completed his

investigation into the entire matter, he will report

to the Executive Committee. Since there seems to

be some reluctance to allow the Bible Clubs to be

seen in action, it may take a little while to procure

all of the facts.

Supreme Court to Act on

Church-State Cases

Two of the more important civil liberties deci-

sions by the U. S. Supreme Court this spring will

. be rulings on the constitutionality of New York

City's "released time" program, which allows chil-

- dren in public schools to be released for weekly

classes of religious instruction held outside the

schools on school time and on the constitutionality

of the New Jersey law requiring daily readings of

the Old Testament and Lord's Prayer in its public

schools.

_ A test case of the released time program was

- started by two Brooklyn parents, Tessim. Zorach

and Mrs. Esta Gluck, under the auspices of the

ACLU and several other interested groups. They

contend that the plan violates the First and Four-

teenth Amendments to the Constitution, mainly

' on the grounds that it uses tax-supported state

schools to help religious groups propagate their

" faiths. ACLU has supported the parents in briefs

as a friend of the court, arguing that the released

time program would represent a departure from

- the principle of separation of church and state.

ACLU will also file a brief in the New Jersey case.

The Supreme Court heard arguments in both

cases on January 30.

Govii Way

Not Resort To Forcible Use Of

Stomach Pur p To Procure Evidence Says Court

In an 8-0 decision, the United States Supreme

Court ruled on January 2 that the use of evidence

obtained through forcible use of a stomach pump

on a defendant, in a state criminal trial, was

barred by the due process clause of the Fourteenth

Amendment.

The defendant, Antonio Richard Rochin, had

swallowed two capsules while being arrested. The

police, unable to extract the capsules, handcuffed

Rochin and took him to a hospital. "At the direc-

tion of one of the officers a doctor forced invito,

an emetic solution, into Rochin's stomach by

means of a tube. This " `stomach pumping' pro-

duced vomiting. In the vomited matter were found

two capsules which proved to contain morphine."

Rochin was charged with possessing "a prepara-

tion of morphine." He was convicted and sentenced

to 60 days' imprisonment. The chief evidence

against him was the two capsules.

The Supreme Court of California declined. to re-

view the case. On the appeal to the U. S. Supreme

Court the Attorney General argued that since

Rochin had swallowed an opiate, the `"`washing of

his stomach" was only routine first and "essential

to his physical well-being." The Supreme Court.

disagreed with him saying:

"We are compelled to conclude that the pro-

ceedings by which this conviction was obtained do

more than offend some fastidious squeamishness

or private sentimentalism about combatting crime

too energetically. It is conduct that shocks the

conscience. Illegally breaking into the privacy of

the petitioner, the struggle to open his mouth and

remove what was there, the forcible extraction of

his stomach's contents-this course of proceeding

Civil Liberties Union Starts

Wiretapping Test Case

A major legal test of wiretapping by New

York's police was started last month by the New

York Civil Liberties Union. In an unusual tax-

payer's suit against city officials, the constitu-

tionality of the whole wiretapping procedure was

challenged.

ACLU long has opposed wiretaps as a viola-

tion of the Fourth Amendment to the Constitu-

tion, which prohibits illegal search and _ seizure,

and as an abridgment of the right to privacy.

Plaintiff in the New York action is Harold Black,

an artist, of 266 West 12th Street. The defendants

are Mayor Vincent R. Impelliterri, Police Commis-

sioner George P. Monoghan, Comptroller Lazarus

Joseph, and District Attorney Frank S. Hogan.

The complaint in the case, filed by Emanuel

Redfield, attorney for the NYCLU, charged that

state authorization for use of wiretap equipment

violates Federal law.

Redfield contended that Section 8138(a) of the

Code of Criminal Procedure and Article 1, Section

12 of the New York State Constitution, applying

to wiretapping, are illegal in that they are in con-

flict with "Title 47 Section 605 of United States

Code, which is the paramount law under the Con-

stitution of the United States and furthermore,

(are) in conflict with the Fourth Amendment

thereof which prohibits unreasonable searches and

seizures."

The petition asked therefore that "the defend-

ants and their agents or employees be enjoined

from acquiring, owning, hiring, possessing, using,

maintaining and repairing all devices, machines

and equipment for the interception of telephone

and telegraph communications"; and from appro-

priating funds for such devices.

Ban Sale of Soviet Magazine

At Univ. of Cal. Bookstore

Last month, sale of the Soviet published fort-

nightly magazine "News" was banned at the news-

stand of the students' store at the University of

California at Berkeley. The action was taken, first,

by a store committee, and then approved by a

vote of 6 to 2 by the Executive Committee of the

Associated Students.

The magazine was banned, said one member of

the committee, because "the public might get a

mistaken impression" if it saw the magazine on

the stand. The same magazine is available at the

University library and two bookstores near the

campus.

The Daily Californian denounced the kan. "How |,

far are we going to run, how much are we going

to prohibit," the editorial asked, "before we have ,

the courage to stop this negativism, to let every

view be heard, and to take the offensive, armed

with a set of principles that have stood Americans

in good stead since 1775." Shortly after this ed-

itorial appeared, a censorship system was estab- ,

lished for the paper itself.

by agents of government to obtain evidence is

bound to offend even hardened sensibilities. They

are methods too.close to the rack and the screw to

permit of constitutional differentiation."

", . It would be a stultification of the responsi-

bility which the course of constitutional history

has cast upon this Court to hold that in order to

convict a man the police cannot extract by force

what is in his mind but can extract what is in his

stomach."

In two separate concurring opinions, Justices

Black and Douglas protested the grounds of the

decision, claiming that the conviction should have

been reversed because the extraction of incriminat-

ing evidence here violates the Fifth Amendment

provision against self-incrimination. Noting that

the majority of the court disagrees and feels that

the Fifth Amendment imposes no restraint on the

states but only on the federal government, Mr.

Justice Black nevertheless contended that "the

nebulous standards" used by the majority `must

inevitably imperil all the individual safeguards

enumerated in the Bill of Rights."

Mr, Justice Douglas claimed that the use of the

evidence here obtained would not violate ``decen-

cies of civilized conduct, but that self-incrimina-

tion being a standard of due process for a trial in

a federal court, it must also be for a trial in a state

court. He viewed the decision as "part of the proc-

ess of erosion of civil rights of the citizen in recent

years."

In the California courts, Rochin was represented

by David C. Marcus. In the U. S. Supreme Court,

he was represented by ACLU counsel, A. L. Wirin

and Dolly Lee Butler. The national office of the

ACLU filed a brief as "friend of the court."

Movies Censored in Two

Peninsula Communities

Both San Mateo and Redwood City public offi-

cials were guilty of censoring motion pictures last

month. The movies censored carried the following

titles: "Honky Tonk Girl," "Devil's Harvest" and

"Affairs of Annabelle."

In San Mateo on January 5, the Baywood

Theatre stopped its showing of the pictures at the

"request" of Police Chief Martin McDonnell, who

branded the films as "too suggestive" for young

people.

Rather than have the showing of these same

pictures banned in Redwood City, the manager of

the Fox Theatre requested Mayor Carl Britschgi

and Police Lt. William Faulstitch to preview them.

Those officials found four scenes objectionable, so

they were eliminated from the film.

No public official has the right to set himself

up as the judge of what moving pictures the public

may see. If these pictures are obscene or other-

wise violate the law, the proper procedure is to

prosecute the exhibitor and to have the issue de-

termined by a jury.

Notice

The ACLU of Northern California has no

connection whatsoever with the Committee

for the Reinstatement of Eloise Brown.

We make this announcement because it

has been reported to us that Mrs. Brown, in

seeking sponsors for a public meeting held by |

her group last month, stated that either Er-

nest Besig or some other representative of

the ACLU would speak at the meeting. A

week before that, Mr. Besig had definitely

declined an invitation to speak at any meet-

ing sponsored by the group. When the Union

complained to Mrs. Brown about the misrep-

resentation, she would neither admit nor deny

that she had made the statement complained

about. Subsequently, however, our informant

was urged by Mrs. Brown to tell us she had

merely expressed a "hope" of getting Ernest

Besig or some other representative of the

ACLU to speak on her program. We do not

see how Mrs. Brown could even justify the

expression of a "hope" as to Mr. Besig's ap-

pearance on the program when she must have

known he had already refused to appear on

the program.

Whatever the case may be, and apart from

any interest the Union may have in Mrs.

Brown's case, the Union wants to make it

clear that it is in no way connected with the

Committee for the Reinstatement of Eloise

Brown, and also that it neither participates in

nor sponsors any meetings of that group.

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

Published monthly at 503 Market St., San Francisco 5,

Calif., by the American Civil Liberties Union -

' of Northern California.

Phone: EXbrook 2-3255 `

ERNEST BESIG Editor

Entered as second-class matter, July 31, 1941, at the

Post Office at San Francisco, California,

under the Act of March 3, 1879

Subscription Rates-One Dollar a Year.

Ten cents per Copy -151

ACLU Asks Inquiry Into

West Point Cadet Dismissals

The American Civil Liberties Union called on

Congress on January 24 to conduct an investiga-

tion into last summer's dismissal of 90 West Point

cadets to discover if it was done "with respect

for constitutional rights."

The request was made in a letter to the Senate

and House majority and minority leaders from

Ernest Angell, chairman of the ACLU Board of

Directors, and ACLU Executive Director Patrick

Murphy Malin.

Recalling that the dismissals for exmination

cribbing aroused charges that the cadets' consti-

tutional rights had not been protected, the ACLU

said "our sole interest is to discover if the consti-

tutional right of due process-fair trial-was ob-

served in this case; we deplore the cribbing itself

as a departure from the high standards of ethics

and honor associated with the Academy."

Stating that correspondence with Majer F. A.

Irving, superintendent of the U. S. Military Acad-

emy, did not answer completely the due process

questions we raised, and "in view of the charges

made, we believe it is vital that the appropriate

congressional committees undertake an immediate

investigation to prove or disprove their validity.

If these charges are correct, then remedial action

must be taken by the Congress to correct the in-

justice done and to guarantee that the Academy

abide by the democratic principles it trains the

cadets to uphold. If the charges are proved not

true, the public should be informed so that confi-

dence can be restored in West Point. We emphasize

we do not direct any accusations at the Academy.

But there are doubts about the methods by which

the dismissals were handled-methods abhorrent

to our democracy-and only a thorough and im-

partial inquiry can resolve them."

The Union presented for congressional study

the following allegations ``based on our own ques-

tions and those raised by the lengthy investiga-

tion conducted by the New York Civil and Crim-

inal Bar Association's Committee on Justice,"

adding that their truth or falseness "cannot be

verified by private or even quasi-public organiza-

tions, but only by committees of the Congress,

which equipped with the subpoena power, can

uncover the real facts."'

"1. Self-incrimination. The cadets, although ad-

vised of the privilege against self-incrimination,

were advised also that they were required under

the Honor Code to incriminate others-but were

not told that they could refuse to incriminate

others if that meant incriminating themselves as

well.

"2. Right of Counsel. The violation inherent in

the above paragraph might have been remedied

had the cadets been granted the right to counsel,

but many of them claim that they were neither

told of this right nor were they permitted to con-

sult with counsel. We are advised of at least one

case in which a cadet, after asking an opportunity

to consult with a football coach to find out which

military lawyer he could consult, was immediately

advised by a superior officer that he had to

answer questions then and there.

"3. Coercion. We are advised that coercion was

used in the following ways: (a) The cadets were

told that if they did not resign, they would be

dismissed on orders from the President, but they

were not told that they had a right to appeal from

a dismissal to the Secretary of Defense. (b) For

two months-from June 1 to August 1, 1951-the

cadets were under military orders of secrecy re-

quiring them not to discuss their case with anyone,

even their parents. (c) The interviews in many

cases were very brief and the cadets were cash-

iered out without an opportunity to adequately

plead their cases. The hearing they had was before

Colonels, apparently in violation of the rule that

offenses under the Honor Code are to be tried by

the Corps. (d) The cadets were threatened with

loss of citizenship should they fail to disclose all

they knew about the Honor Code violations."

FORD FOUNDATION

The following paragraph appeared in Harper's

for December, 1951, in an article by Robert L.

Heilbroner, entitled, "The Fabulous Ford Founda-

tion:"

"Item: The (Ford) Foundation has not yet seen

fit to aid any of the excellent civil liberty groups

working in the country; none of them quite `fills

the bill.' Instead it will set up its own."

e@

Fear Is Drivi

Following are excerpts from an article by Assoc. Justice

William O. Douglas, appearing in the January 13, 1952,

issue of the New York Times Magazine section, under the

title ""The Black Silence of Fear.''

There is an ominous trend in this nation. We are

developing tolerance only for the orthodox point

of view on world affairs, intolerance for new or

different approaches. Orthodoxy has normally

stood in the path of change. Orthodoxy was al-

ways the stronghold of the status quo, the enemy

of new ideas-at least new ideas that were dis-

turbing. He who was wedded to the orthodox view

was isolated from the challenge of new facts.

The democratic way of life rejects standardized

thought. It rejects orthodoxy. It wants the fullest

and freest discussion, within peaceful limits, of all

public issues. It encourages constant search for

truth at the periphery of knowledge.

We as a people have probably never lived up to

that standard in any of our communities. But it

has been an ideal toward which most of our com-

munities have strived. We have-over the years

swung from tolerance to intolerance and back

again. There have been eras of intolerance when

the views of minorities have been suppressed. But

there probably has not been a period of greater

intolerance than we witness today.

Fear has many manifestations. The Communist

threat inside the country has been magnified and

exalted far beyond its realities. Irresponsible talk

by irresponsible people has fanned the flames of

fear. Accusations have been loosely made. Charac-

ter assassinations have become common. Suspicion

has taken the place of good-will. Once we could de-

bate with impunity along a wide range of inquiry.

Once we could safely explore to the edges of a

problem, challenge orthodoxy without qualms, and

run the gamut of ideas in search of solutions to

perplexing problems. Once we had confidence in

each other. Now there is suspicion. Innocent acts

have become tell-tale marks of disloyalty. The co-

incidence that an idea parallels Soviet Russia's

policy for a moment settles an aura of suspicion

around a person.

Suspicion grows until only the orthodox idea is

the safe one. Suspicion grows until only the person

who loudly proclaims that orthodox view, or who,

once having been a Communist, is trustworthy.

Competition for embracing the new orthodoxy in-

creases. Those who are unorthodox are suspect.

Feinberg Law Does More Harm

Than Good, Says Union's Brief

The harm which New York State's Feinberg Law

can create would be greater than the evils it is

intended to control, the American Civil Liberties

Union asserted last month.

The Union's objections to the statute, enacted

ostensibly to eliminate "subversive" employees

from the public school system, were set forth in a

"friend of the court" brief, filed with the U. S.

Supreme Court, which is considering a test case of

the law.

"The vice of the Feinberg Law," the brief de-

clared, `is that it unleashes a continuous series of

successive annual invasions of fundamental rights.

It curtails freedom of thought, speech and associa-

tion, amounts to a bill of attainder and an ex post"

facto law, and establishes unfair procedures for

determining individual guilt. The law is also arbi-

trary, incapable of objective application because it

is vague and uncertain, and creates unreasonable

presumptions of guilt."

Moreover, according to the brief, the law ``will

hurt public education through its adverse effect

upon freedom of teaching and learning in the

public school system."

"We are afraid that the mischief which. will flow

from the Feinberg Law is greater than the gravity

of the evil we face in adhering to traditional demo-

cratic principles and in continuing to judge all

persons, even Communists, on their deeds and

actions, not on their anticipated conduct alone,"

the brief continued.

"Rear of Communism is driving sincere-minded

Americans to confuse any desire for, or any inter-

est in, political, social or economic changes with

subversive activity, and to consider anyone, par-

ticularly a teacher, advocating or examining such

changes or ideas, to be in all probability a Commu-

nist or fellow-traveler. The implications of this er-

roneous thinking are catastrophic."

The law "is not in the tradition of freedom but

in the spirit of censorship, repressions, thought

conformity, and official orthodoxy," the brief con-

tended. "It will threaten the public schools of New

York and cause serious harm to public education.

If the law stands, it will have effects upon other

states and other occupations and professions. The

net gain to our country will be small at best."

eopie

To Silence Or The

farns Justice Douglas

Fear has driven more and more men and women

in all walks of life either to silence or to the folds

of orthodoxy. Fear has mounted-fear of losing

one's job, fear of being investigated, fear of being

pilloried. This fear has stereotyped our thinking,

narrowed the range of free public discussion, and

driven many thoughtful people to despair. ...

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The great danger of this period is not inflation, -

nor the national debt, nor atomic warfare. The

great, the critical danger is that we will so limit or

narrow the range of permissible discussion and

permissible thought that we will become the vic-

tims of the orthodox school. If we do, we will lose

flexibility. We will lose the capacity for expert

management. We will then become wedded to a

few techniques, to a few devices. They will define

our policy and at the same time limit our ability to

alter or modify it. Once we narrow the range of

thought and discussion, we will surrender a great

deal of our power. We will become like the man on

the toboggan who can ride it but who can neither

steer it nor stop it.

The mind of man must always be free. The

strong society is the one that sanctions and en-

courages freedom of thought and expression.

When there is that freedom, a nation has resilien-

cy and adaptability. When freedom of expression

is supreme, a nation will keep its balance and

stability.

Our real power is our spiritual strength, and

that spiritual strength stems from our civil liber-

ties. If we are true to our traditions, if we are tol-

erant of a whole market of ideas, we will always

be strong. Our weakness grows when we become

intolerant of opposing ideas, depart from our

standards of civil liberties and borrow the police-

man's philosophy from the enemy we detest.

That has been the direction of our drift. It is

dangerous to the morale of our people; it is de-

structive of the influence and prestige of our coun-

trys...

When we view this problem full face we are fol-

lowing the American tradition. The times demand

a renaissance in freedom of thought and freedom

of expression, a renaissance that will end the

orthodoxy that threatens to devitalize us.

Censorship Authorized

For U.C. Student Paper

When the new term begins at the University of

California at Berkeley this month, the student

paper, the Daily Californian, will be subject to |

strict censorship. This censorship results from

criticism by Regent John Francis Neylan at the

Regents' December meeting, that the paper had

carried two articles contributed by students who

had visited behind the Iron Curtain. The Regents

requested President Robert Gordon Sproul to in-

vestigate and report at the January meeting.

Thereafter, the Executive Committee of the

Associated Students, which has been the target of

editorial criticism by the paper, seized the op-

portunity to pass a resolution requesting the

President to appoint an advisory committee to the

Daily Californian which would represent the Asso-

ciated Students, the Daily Californian, the faculty,

administration and alumni. In addition, the Exe-

cutive Committee voted to engage an adviser to

provide daily `counsel and advise" to the paper's

staff. S

President Sproul reported to the Regents at

their January meeting that he will appoint an

advisory committee, as suggested by the student

Executive Committee, but that the matter of a

day-to-day adviser was strictly up to the student

governing body.

MEMBERSHIP APPLICATION

American Civil Liberties Union of No. Calif.,

503 Market St.

San Francisco 5, Calif.

1. Please enroll me as a member at dues of

$2 es for the current year. (Types of mem-

bership: Associate Member, $3; Annual Member,

$5; Business and Professional Member, $10;

Family Membership, $25; Contributing Member,

$50; Patron, $100 and over. Membership includes

subscription to the "American Civil Liberties

Union-News" at $1 a year.)

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