vol. 18, no. 6

American

Civil Liberties

Union-News

ee g 2 alt

Free Press

Free Assemblage

Free Speech

"Eternal vigilance is the price of liberty."

VOLUME XVIII

Nominations, Please!

The three-year terms of the following eight

members of the Executive Committee of the

American Civil Liberties Union of Northern

California expire next October 31: Prof. Ed-

ward L. Barrett of the U.C. Law School; At-

torney Wayne M. Collins of San Francisco;

Prof. Van D. Kennedy of the Department of

Industrial Relations at U.C.; Seaton W. Man-

ning, director of the San Francisco Urban

League; Rev. Harry C. Meserve, pastor of

the First Unitarian Church in San Francisco;

Rabbi Irving F. Reichert, formerly of Temple

Emanu-El, San Francisco; Prof. Laurence

Sears, Edward Hohfield Professor of Ameri-

can Philosophy and Political Theory at Mills

College, and Fred H. Smith, IV, head of Red

Feather Products, San Francisco. There is

one vacancy on the 25-member Executive

Committee, which will not necessarily be

filled.

_ A nominating committee will be appointed

by Bishop Parsons at the June meeting of

the Executive Committee. The sub-committee

is required to report its recommendations to

the Executive Committee at the September

meeting.

_ The By-Laws provide that "the June issue

of the ACLU-News shall carry an invitation

to the Union's membership to suggest names

to the nominating committee, and such names

must reach the Union's office not later than

June 30 in order to receive consideration.

The nominating committee shall consider

such suggestions but shall not make any

nominations until after June 30."

The By-Laws also provide that "The names

finally approved by the Executive Commit-

tee shall be submitted for confirmation to the

annual membership meeting, which shall be

held sometime during the month of October."

Please send your suggestions for Commit-

tee members to the ACLU, 503 Market St.,

San Francisco 5, Calif., giving as much bio-

graphical information about your candidates

as possible. In making your suggestions,

please remember that Committee members

_ must be ready to defend the civil liberties of

all persons without distinction, and that they

are expected to attend noon meetings in San

Francisco the first Thursday of every month

`Membership

besides serving on sub-committees.

What Dr. Meiklejohn Would

Say to a Legislative Comm.

In a recent speech before the University of Chi-

cago Law School, Dr. Alexander Meiklejohn told

what he would do if a legislative committee came

to him demanding information as to his opinions

and associations. Said he, "It summons me to

make disclosure of my beliefs and advocacies and

associations. Am I bound .. . to cooperate, to give

the information required? I think not.

"To such a committee, I would feel bound to

say, `I am, of course, eager to cooperate with you

or with any governing agency, if it is acting with-

in its authorized jurisdiction. And, further, I have

no objections to expressing, on proper occasions,

my beliefs or advocacies or associations on issues

of public policy.

" "But the form of your present demand raises

a different question. You are claiming authority to

compel me to say what my political opinions are.

That claim is, I am sure, subversive of the most

fundamental principle of the Constitution-the

principle of the political supremacy of the people

over their agents.

`" Self-governing men are not, and cannot be,

held subject to governmental control with respect

to the content of their political beliefs. I regret

to say, therefore, that loyalty to the Constitution

forbids me to comply with your demand.' "

SAN FRANCISCO, CALIFORNIA, JUNE, 1953

No. 6

Six Communist Hunting Bills Nearing

Adoption by California Legislature

In the closing days of the 1953 session of the

California Legislature, six "red-hunting" bills are

headed for almost certain adoption. In fact, two

of them have already reached the Governor's

desk and will no doubt be approved by Lieut. Gov-

ernor Goodwin Knight in the Governor's absence.

The bills awaiting the Governor's action are

S.B. 1425, aimed at State College teachers holding

the wrong opinions and associations, and A.B.

2677, which seeks to bar subversive groups from

using the public schools as meeting places.

Two years ago, Gov. Warren vetoed the bill

which corresponds to S.B. 1245 (the Kraft bill).

Since then, some of the worst features of the

measure have been eliminated, but it still remains

a bad bill.

It extends the definition of "unprofessional

conduct" to include membership in, or "active

support" of a "Communist front" or "Communist

action" group as well as "persistent active partici-

pation in public meetings" of such groups, besides

"wilful advocacy of communism, either on or off

the campus, for the purpose of undermining the

patriotism of pupils, or with the intent to indoc-

trinate any pupil with communism or inculcate a

Campaign

Nears 60% of Its Goals

On May 26, fifty-nine percent of the financial

goal and 561% percent of the membership goal had

been attained in the Union's special membership

drive for 450 new members and $3,000. (See the

statistics of the campaign elsewhere in this issue.)

These results do not take into account scores

of promises to join as well as renewals which were

secured. The returns are still coming in and final

figures will be given in the next issue of the News.

The stand-out performance was by Lee H. Wat-

kins and his Davis campaign committee. Their

goals were only 5 members and $40 but they se-

cured 20 new members and $74.

Only other area to attain its membership goal

was Mrs. Robert F. Suczek's Orinda, Lafayette,

Concord group of workers which secured ten

members and 87% of its financial goal.

Carmel, under the leadership of Mrs. Douglas

Carter is within one membership of attaining its

goal, while Mrs. B. Abbott Goldberg's San Fran-

cisco committee has raised 92% of its financial

goal of $850 and has secured 75 new members for

60% of its membership goal. -

Lynn B. Bennion's Berkeley team has reached

61% of its membership goal while Oakland and

Stockton, headed by Mrs. Elizabeth Hiner and

Benjamin O. Russell respectively, are right be-

hind with 60%.

Word filters to us from Norman Lezin in Santa

Cruz that he will make his membership goal and

that he has the memberships in hand. We're sure

that many more memberships will come in from

the other areas as well.

The ACLU is very much indebted to the loyal

and devoted campaign workers who have worked

so hard to increase the effectiveness of the Union's

work. The director, in particular, wishes he could

thank each worker personally for his contribution

to the cause of freedom.

Bishop Parsons Is 85

Rt. Rev. Edward L. Parsons, since 1941 the be-

loved Chairman of the Union's Executive Commit-

tee, celebrated his 85th birthday on May 18.

The kindly Bishop rarely misses an Executive

Committee meeting and continues to crack the

whip over that body with rare skill and a delight-

ful sense of humor. He's the reason why the local

ACLU never has any committee problems.

preference for communism in

pupil."

The Legislature has neglected to define the

meaning of that emotion-packed term "commun-

ism."' Yet, there seems to be considerable disagree-

ment as to what the term means. If a teacher

supports the programs of the "New Deal' and the

Fair Deal," will he be charged with advocating

"communism?" If he says he is in favor of racial

equality, federal low-rent housing and other re-

forms condemned in some quarters as being "com-

munistic," will he be charged with advocating

"communism ?"

Little Red Schoolhouse Bill

Also before the Governor is a bill by Assembly-

man Levering, AB 2677, seeking to bar subversive

groups from the use of public schools as meeting

places. The Civic Center Act provides that citizens

"may meet and discuss from time to time as they

may desire, any and all subjects and questions..."

The State Supreme Court has declared "It is true

that the state need not open the doors of a school

building as a forum and may at any time choose

to close them. Once it opens the doors, however, it

cannot demand tickets of admission in the form

of convictions and affiliations that it deems ac-

ceptable."

_ Nevertheless, under the proposal, all groups us-

ing the schools, must file, at least once a year, a

"Statement of Information," which is "made under

the penalties of perjury." The statement recites

that the school "will not be used for the com-

mission of any act" to accomplish the violent

overthrow of the government, and that it is not

a "communist action or communist front organiza-

tion required by law to be registered with the At-

torney General of the United States," Thus, in

order to catch a few Communists, every P-TA,

Boy Scout and Girl Scout troop, etc., will be

required to file the foregoing statement at least

once a year. (Flash! The ACLU has just received

notice that AB 2677 was signed by Gov. Warren

before he left for the coronation. )

Levering Act Oath

Two of the bills headed for the Governor's desk

have a mandate from the people of California,

given at the last election, and consequently are

certain of passage. The first of these bills would

implement Proposition 6, which placed the Lev-

ering Act oath for public employees in the State

Constitution. The oath would now be placed in

the Government Code and any persons perjuring

themselves or joining subversive organizations

after taking the oath would, upon conviction, face

one to fourteen years in the State penitentiary.

This bill is being pressed in the face of a dec-

laration by Attorney General Edmund G. Brown,

concurred in by a large number of District At-

torneys throughout the State, that loyalty oaths

for public employees are "practically impossible

to enforce." There has not been one prosecution

since the Levering Act was first adopted in 1950,

and it is reported that District Attorneys are

"sidestepping prosecutions." The Attorney Gen-

eral is quoted as saying that only through costly

(Continued on Page 8, Col. 1)

the minds of any

Moving?

_ One of the Union's toughest jobs is keep-

ing up with the many moves of its almost

3100 members. Summer months particularly

bring changes of address, especially among

those engaged in academic pursuits,

Don't depend upon the Post Office to noti-

fy us of your change of address; they don't

always do it. If you are planning to move, the

Union would appreciate prompt notice of

your new address.

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

Supreme Court Disbars Ati'y

Convicted for Contempt

In a 4-4 decision, the U. S. Supreme Court has

disbarred Abraham J. Isserman from the practice

of law before the high court. Isserman was one of

the five lawyers convicted of contempt for his

conduct during the trial of the 11 Communist

leaders convicted in 1949 for violating the Smith

Act by conspiring to advocate the violent over-

throw of the government. The court also refused

to review a decision of the New Jersey Supreme

Court disbarring Isserman from practicing law in

that state. Justices Black and Douglas dissented

from that decision.

In disbarring Isserman, the court, in a decision

written by Chief Justice Vinson, pointed out that

since it relied upon admission to the bar by state

courts in determining whether or not to admit

lawyers to practice before the Supreme Court, it

would follow the finding of the state court dis-

barring an attorney "in the absence of some grave

reason to the contrary." The Court found no such

reason in the Isserman case. It held that whether

or not this would be excessive punishment, the

question was not one of punishment, but of self-

protection by the Court and society against one

who has engaged in improper conduct as an at-

torney. The Court denied the charge of the dis-

senting judges that this meant that a lawyer

would be disbarred for mere contempt, stating

that they have considered the basic nature of the

contemptuous acts against the trial judge.

Justice Jackson wrote a dissenting opinion,

joined in by Justices Black, Frankfurter, and

Douglas, pointing out that they could not recall

any previous time when a lawyer had been disbar-

red merely because he had been convicted of con-

tempt, that one lawyer who had once participated

in a contempt was later elected president of the

American Bar Association, They found no purpose

whatsoever that could be served by the disbar-

ment, pointing out that the only contempt of

which Isserman was found guilty was that of sev-

eral "contumacious outbursts during a long and

bitter trial."

Justice Clark did not participate in this pro-

ceeding. As Isserman had the burden of proving

why he should not be disbarred, the tie vote re-

sults in his disbarment.

Palo Alto Schools End :

"Gideon Bible" Distribution

The distribution of `Gideon Bibles" in the Palo

Alto Unified School District has been dropped,

the ACLU was informed last month by Superin-

tendent of Schools Henry M. Gunn.

On the strength of an opinion by the District

_ Attorney, the Board of Education had approved a

request by the Gideon Society to distribute copies

of King James Bibles in the schools. But, instead

of distributing that version, the Gideons merely

distributed the New Testament and a limited por-

tion of the Old Testament.

Following complaints by some parents, the

ACLU made inquiry of the Superintendent as to

the basis for the distribution of the "Gideon

Bible." The Union noted that the latter was a sec-

tarian book and that, in any case, the Gideon's

Were not distributing the Bible approved by the

District Attorney. As a result, the school district

decided to abandon the Bible distribution

program.

Levering Act Upheld

On May 25, the United States Supreme Court, in

the case of Leonard T. Pockman, refused to review

the decision of the California courts upholding

the constitutionality of the Levering Act, requir-

ing a conformity oath of all public employees. The

case was handled by Wayne M. Collins of San

Francisco.

Amdur Hearing July 17

The appeal in the case of Reuel S. Amdur,

who was convicted in Berkeley's "sidewalk

table case," is expected to be argued before

the Appellate Department of the Superior

Court in Alameda county on July 17.

In the meantime, the trial transcript re-

veals the following statement by Hon. Red-

mond C. Staats, Jr., who tried the case:

". .. any person who is seeking protection

of our Constitution shows by his conduct that

he has no respect for the officials who are

charged with the carrying out of our consti-

tutional duties, in fact, goes to the extent that

anyone on that Council might have taken the

idea that he might be coming in there every

week from now on just so that he could hear

the Councilmen discuss this subject, now I

think that anyone like that has waived any

right to any of their constitutional rights. On

that ground I find the defendant guilty."

N. J. Court Rules Attempt to Censor

`Objectionable' Writing Violates Press Freedom

An important round in the fight against censor-

ship has been recorded in a New Jersey Supreme

Court decision ruling that a former Middlesex

County prosecutor, who had sought to ban the

sale of a book as obscene, acted arbitrarily and

violated the constitutional guarantee of freedom

of the press. :

Acting on the recommendations of a citizens'

committee of self-appointed literary censors,

which provided him with a list of "objectionable"

books and magazines, Prosecutor Matthew F.

Melko wrote to the distributors of these publica-

tions requesting that they halt distribution. The

"request" was interpreted by the recipients as an

order which had best be followed to avoid prosecu-

tion, and books disappeared from newsstands.

Action against the prosecutor was brought by

Bantam Books, Inc., publishers of "The Chinese

Room," one of the "objectionable" books. The

Court granted a restraining injunction in the pub-

lishers' favor and ordered Middlesex County offi-

cials to cease efforts to discourage distribution of

"The Chinese Room."

In a strongly-worded, 32-page opinion, Judge

Sidney Goldman held that "neither the prosecutor

nor the committee constituted by him had author-

ity to proscribe the distribution or sale in Middle-

`sex County of books deemed by them to be objec-

tionable. The action of the prosecutor was illegal

and beyond the scope of his office."

_ Judge Goldman said that there were several

alternate and proper legal means of dealing with

allegedly obscene and indecent literature, but

"none of them give any such official the right to

prejudge a situation and act upon it in the way the

defendant did in this case."

Calling the prosecutor's action a "clear case of

previous censorship in the area of literary ob-

scenity," Judge Goldman wrote further that "the

way of the censor has been tortuous and tortured

from earliest times. His story is one of arbitrary

judgment and the suppression of much that we

consider good, true, and beautiful.

"Even the most cursory account of literary cen-

sorship will show its contradiction, the absence of

valid standards, its lack of inner logic and out-

ward consistency."

Judge Goldman's opinion emphasized "the ar-

bitrary and dangerous character of what has been

done here by the defendant and his advisory com-

mittee." To entrust such censorship to "one fal-

lible man, or a private body of men, is to set up an

almost despotic arbiter of literary products." Such

a condition, he said, is not in accord with demo-

cratic ideals, "which repudiate thought control." |

In.a letter to Mr. Walter Pitkin, executive vice-

president of Bantam Books, the ACLU offered its

"thanks and congratulations for the splendid work

you have done in pressing suit against the prose-

cuting attorney of Middlesex County.

"To those who have been fighting censorship,"

the letter continued, "pernicious operation of pres-

, Sure groups who arrogate to themselves the power

to censor what others may read, has been a most

troublesome problem. We agree with you that

this court decision is of great significance and we

trust it will give heart to other publishers to. un-

dertake the vindication of the books they publish."

ACLU Challenges Ban On

Alleged Nazi Physician

- The New York Civil Liberties Union has pro-

tested the decision barring Dr. Godfrey Edward

Arnold from physician's visiting rights at Belle-

vue Hospital and membership in the New York

County Medical Society on the apparent grounds

of his alleged past membership in or association

`with the Nazi Party.

The civil liberties group addressed a letter to

City Health Commissioner Dr. Marcus D. Kogel

challenging the commissioner's decision denying

Dr. Arnold physician's visiting rights at Bellevue

`Hospital. Asking whether he had been correctly

quoted as saying that Dr. Arnold's presence at the

hospital "would cause disruption and disunity,"

George E. Rundquist, NYCLU's executive director,

said: "We venture to say that the reasons given

for such exclusion are unfair and open the door

to political interrogation and intimidation and may

be used to justify racial and religious discrimina-

tion."

In another letter, Clifford Forster, NYCLU's

staff counsel, wrote Dr. Arnold offering the

group's assistance.

"It is our view that membership in the Medical

Society is an essential adjunct of your right to (c)

practice medicine in New York, and that no city

official should establish political tests for privi-

leges extended by the muncipality. In view of the

fact that, on the face of newspaper reports, it

would appear that you are being discriminated

against because of your alleged past political as-

sociations and beliefs, your case falls within the

general field and interest of the NYCLU. We are,

therefore, prepared to be of assistance to you in

any proper way." :

Dr. Arnold, who became director of the speech

and voice department of the University of Vienna

clinic after the Nazis took over Austria in 1938,

was rejected by the membership of the medical

society after his opponents countered his denial

with a statement from the United States High

Commissioner's office in Bonn, Germany that Ber-

lin records listed him both as a Nazi Party mem-

ber: and storm trooper. Dr. Arnold's membership

had been unanimously recommended by the socie-

ty's executive committee. In denying the charges,

Dr. Arnold claimed he had befriended many Jews

and others who were in disfavor, in the face of

warnings from Nazi officials.

Work Out Compromise In New

York Prayer-School Dispute

Students of New York City's public schools open

each class day by reciting the Pledge to the Flag

and by singing the fourth stanza of "America."

Inclusion of that portion of the song-addressed

to God-was ordered by the city's Board of Educa-

tion as a compromise to the state Board of Re-

gents recommendation for a daily prayer.

Many educators and organizations, including

the ACLU, had expressed fear that a daily prayer

Richmond Housing Loyalty

Suit Will Be Held In Abeyance

An agreement has been reached by opposing

counsel in the Richmond Housing Authority "loy-

alty oath" case to hold that suit in abeyance pend-

ing a final U.S. Supreme Court decision in an

Hastern test suit being handled by the ACLU. In

the meantime, of course, tenants occupying per-

manent low-rent housing units may not be evicted

for failure to sign a loyalty statement-

. The agreement was reached only with the help

of Superior Court Judge Harold Jacoby of Contra

Costa county who helped iron out a difference over

whether it should apply to tenants occupying tem-

porary housing units constructed under the Lan-

ham Act. Such non-signing tenants had recently

received a "Second Notice" from their project

managers advising them that they had "not taken

advantage of the opportunity to sign" the loyalty

statement.

"Is there some particular reason why you do

not wish to sign these papers," the notice asked.

"Would you like to talk the matter over with your

project manager? ... You can do this and at the

same time show that you are a loyal American by

signing the papers now. Let's make it 100 per-

cent."

While the "Gwinn rider" to the Independent

Offices Appropriation Act requires the loyalty

oath merely of tenants occupying permanent

housing, the Richmond Housing Authority had

passed a resolution offering occupants of tempor-

ary housing the "opportunity to sign.'' None had

been advised in so many words that such action

was purely voluntary.

Agreement was finally reached by opposing

counsel on the following points:

1. No tenant will be evicted or inconvenienced

because of his failure to sign the loyalty oath.

2. The Housing Authority will notify all of

the tenants in temporary (Lanham Act) housing

units that they are not required to sign loyalty

statements but may do so if they wish.

A formal stipulation is now being drafted and

will be signed shortly.

Information has recently been received that the

Sacramento Housing Authority has notified its

tenants to sign "certificates of non-affiliation" or

loyalty oaths. One tenant has indicated she will

not sign the certificate but there has been no at-

tempt to force her to do so.

Developments in Sacramento are being watched

by Nathaniel Colley, Sacramento attorney. In the

event that threats of eviction are made against

non-signers or eviction proceedings started, the

ACLU is prepared to file an injunction proceeding

against the Sacramento Housing Authority simi-

lar to the one filed in Richmond.

Joseph Landisman, Richmond attorney, and

Lawrence Speiser, ACLU staff counsel, are repre-

senting the fifteen tenants in the Richmond suit.

would infringe on the principle of church-state

separation. Only 300 of the state's 3,000 school

districts have put the prayer suggestion into ef-

fect since it was made in November 1951.

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

Six Communist Hunting

Bills Nearing Adoption

(Continued from Page 1, Col. 3)

and long trials, which probably only the Federal

Government can afford to finance, could prosecu-

tions succeed under the California oath law. The

stumbling block seems to be the necessity of prov-

ing in each case what. was in the affiant`s mind

at the time he took the loyalty oath.

Even more interesting than the attitude of the

law enforcement officers that such an oath law

will become a dead letter is the declaration of

Richard Combs, counsel for the Senate Fact-Find-

ing Committee on un-American Activities, that

loyalty oaths are dangerous. "The biggest men-

ace," said he, "is that officials in Government and

_ others in positions of responsibility, both in our

schools and our public life, will be lulled into a

feeling of false security by the fact of the signing

of a loyalty oath.'' Combs went on to say that the

"most dangerous Communist agents are not card

bearers-only the right persons, perhaps in the

Soviet Embassy at Washington, know who they

are. These agents will sign a loyalty oath and take

a chance at a perjury trial." -

Tax Exemptions and Loyalty Oaths

The second bill boasting a mandate from the

people is AB 923 by Assemblymen Backstrand and

Levering. At the last general election, Proposition

5 was enacted prohibiting public employment of

subversives and also denying them tax exemption.

In its original form, the bill implementing this

Constitutional amendment applied to all claims

for tax exemption. After complaints from the San

Francisco Chronicle and others about this nui-

sance to those paying income, sales and personal

property taxes, the bill was amended. It now ap-

plies merely to exemptions from any property

tax filed by an individual, other than the house-

holder's exemption, and any exemption claimed

by any corporation or organization, including

churches. Thus, all churches in the State, if they

want their tax exemption, must declare that they

do not advocate the overthrow of the government

by force and violence.

This bill is presently before the Assembly for

adoption. After that, it must still get through the

Senate before reaching the Governor's desk.

Special Oath For Teachers

The fifth bill that is almost certain of adoption

requires a non-Communist oath of most Califor-

nia school teachers, besides requiring them to an-

- swer the questions of legislative investigating

committees and Boards of Education relating to

their opinions and associations during the past

five years. This is SB 1367 by Sen. Dilworth.

Teachers will testify before such groups at their

peril. If their answers fail to satisfy, they may

still face dismissal, for the bill declares that, `The

Legislature further specifically finds that an in-

direct or evasive answer or an answer which neith-

er affirms nor denies shall, for the purposes of this

act and chapter, be considered as a failure and

refusal to answer, regardless of the ground or

explanation given for such answer."

Before taking his position, a teacher would be

required to state under oath whether he is know-

ingly a member of the Communist Party, and,

"Any employee of any school district who is now

or within five years prior to the effective date of

this section was knowingly a member of the Com-

munist Party shall within ninety (90) days of the

effective date of this section file with the govern-

ing board of the school district employing him a

verified statement that he is no longer a member

of the Communist Party and that such member-

ship has been terminated in good faith." Any em-

ployee who knowingly becomes a member of the

Communist Party after the law goes into effect

is guilty of insubordination.

There seems to be no end to the oath hysteria

despite the present declaration of the State Con-

stitution that `no other oath, declaration, or test |

shall be required" by the Levering Act. Neverthe-

less, this special oath would now be required of a

suspect group, much after the fashion of the U. C.

special loyalty oath that was declared unconstitu-

tional by the State Supreme Court.

As we go to press, this bill is awaiting a vote

by the Assembly before being sent to the Gov-

ernor.

Subversive Groups Barred From Ballot

The sixth and final measure is AB 52, which

seeks to bar subversive groups from the ballot.

Under this proposal by Assemblyman Chapel and

others, `The Secretary of State shall, with the ad-

vice and consent of the Attorney General, deter-

"mine which parties are disqualified to participate

in any primary election." The bill is apparently

aimed at the Independent Progressive Party. The

particular party would be entitled to a hearing and

could appeal to the courts for relief. The measure

is presently before the Assembly and still has to

get by the Senate.

Un-American Committee's Inquiry Into

Marin's Use of UNESCO Ma

Following protests by the ACLU and editorial

criticism by the San Francisco Chronicle and the

News, State Senator John F. McCarthy of Marin

county abruptly cancelled a hearing of the Senate

Fact-Finding Committee on Un-American Activi-

ties scheduled for May 8 to inquire into charges

that subversive literature was being distributed in

the Marin county schools.

Just who made the charges never became too

clear. One source quoted Sen. McCarthy as saying

that the hearings had been requested by `"Pro-

America and a bunch from southern Marin." The

"punch" may have included the Legion auxiliary,

although the Legion itself disclaimed any part in

calling the meeting.

Sen. McCarthy denied that Sen. Burns had any-

thing to do with calling off the meeting, "Nor did

the protests of the Civil Liberties Union." His

formal statement declared:

"The hearing was scheduled without sufficient

consideration given to the inherent dangers there-

in. The reputations of loyal teachers could be un-

justly attacked and damaged. Moreover, it is not

the province of the Legislature to arbitrarily de-

termine what publications used in the public

schools may be deemed subversive.

"Personally, I have complete confidence in the

loyalty and integrity of both the school authori-

ties and the teaching profession of our public

schools in Marin county.

"The parties requesting this hearing have been

advised to communicate any charges they may

have to the Attorney General of California, who

is the chief law enforcement officer of this State."

Sen. McCarthy had planned to hold a one-man

hearing assisted by committee counsel Richard

Combs. Ernest Besig, the Union's local director,

sent a protest to Chairman Hugh Burns of the

Committee reading in part as follows:

"In connection with this announced meeting,

Sen. McCarthy is reported as saying he has been

`disturbed' over the recent controversy concern-

ing the use of UNESCO materials in the schools

and that he has received an urgent plea from pa-

rents in the district that the matter be given a full

hearing. Consequently, `all citizens who wish to

terials Called Off

bring facts to the committee's attention' about

this problem will be given an opportunity to be

heard.

"Of course, your Committee must be aware that

a Citizens Committee voted 13 to 3 against re-

moval of UN materials from Marin classrooms.

You must also be aware that a public meeting

which sought to fan this UNESCO controversy

into a blaze received very little public support. In-

deed, as far as I have been able to learn, the agita-

tion springs from no more than 20 people in the

area.

"Still intent upon creating an issue, it seems to

me, the same minority group is now attempting to

exploit your Committee as a sounding board to

help develop a spurious red scare in the Marin

county public schools. I sincerely trust that your

Committee will not allow itself to be exploited by

/pressure groups in any community. :

__ "T am also troubled by other procedure in this

situation,-or the apparent lack of it. Sen. Mc-

Carthy is quoted as saying that the meeting `will

in no sense be a hearing.' If that be true, is there

not some question as to whether your Committee

is acting in conformity with the mandate given it

by the Senate?

"In the interest of orderly procedure, it seems

to me it would have been better if the problem had

first been examined by the Committee's investi-

gators. As it stands now, the Committee has ex-

pressed a willingness to allow one of its meetings

to be used as a sounding board by persons it can-

not vouch for who may turn it into a hippodrome

session for a re-hash of a problem already dis-

posed of.

"Finally, as Sen. McCarthy knows, there are

two sides to the UNESCO controversy. I trust,

therefore, that both sides will be given equal op-

portunity to be heard. To that end, may I suggest

that each side be limited in the presentation of its

case to an allotted time."

Following Sen. McCarthy's public statement

cancelling the hearing, the Union issued a state-

ment saying, "We believe that Senator McCarthy's

statement is in the interest of civil liberties and

fair play. He is to be commended for his courag-

eous reconsideration of the problem."

Newspapermen's Contempt

Conviction Held Invalid

The Georgia Supreme Court has dismissed a

contempt of court conviction against two editors

who refused to publish a photograph as ordered

by a lower court judge. A judge has no right to

order publication of material in a newspaper with-

out pay, the high court said. The tribunal so ruled

in dismissing contempt sentences imposed on two

Atlanta Constitution editors by Superior Court

Judge H. E. Nichols of Floyd County.

During a highway safety campaign, the news-

paper cited a traffic case involving a man arrested

in Floyd County and said state patrol records

showed that no record of the case's disposition

could be found in Floyd County. Judge Nichols

sentenced Editor Ralph McGill and Managing

Editor William H. Fields to 20 days in jail when

they refused to publish photographs of court

records.

In dismissing the case, the Georgia Supreme

Court declared that the publications complained

of were true, they concerned a matter in another

court, and could not have obstructed justice. More-

over, it added, "since the space in the paper is the

private property of the owners of the paper the

judge was utterly without power to require or

compel publication therein without pay."

Segregation In S.F. Housing

Subject of June 6 Meeting

"The Story of Segregation in San Francisco

Public Housing" will be discussed at a conference

to be held at the Friends' Center, 1830 Sutter St.,

San Francisco, Saturday, June 6 from 10 A.M. to

3 P.M. The conference is sponsored by the San

Francisco Council for Civic Unity, the local

NAACP, the JACL and the San Francisco Urban

League.

At the morning session, Terry Francois and

Nathaniel Colley, NAACP attorneys, will discuss

the legal aspects of the pending suit against the

San Francisco Housing Authority. Arthur Cohen,

San Francisco attorney, will follow with a talk on

"Neighborhood Pattern: Mask for Exclusion,"

and Asst. District Attorney Cecil F. Poole will

then discuss "Locally imposed segregation, conse-

quences for the whole city."

At the luncheon session, Catharine Bauer Wurs-

ter will give an address entitled, "The National

`Scene: Trends Away from Housing Discrimina-

tion." While there is no admission charge, there

will be a charge of $1.00 for the luncheon. Reser-

vations may be phoned to the Council for Civic

Unity, EXbrook 2-3877. The public is invited.

. The afternoon session will be devoted to a dis-

cussion of the question, "Are Remedies At Hand?"

The ACLU of Northern California is one of a

number of cooperating agencies.

RESULTS OF SPECIAL MEMBERSHIP CAMPAIGN

(TO MAY 26, 1953)

Membership __ Financial

oe Goal Goal

Berkeley... 2 115 $ 775

Carmel 10 15

Davis 5 40

Hayward 5 40

Marin County... 25 175

Modest0. 2. 10 45

Oakland 25 175

Orinda, Laf., ete......................... 10 WD

Peninstila 2 40 275

Sacramento ___......-...-.------------ 25 175

San Francisco.......................-.... 125 850

San dose 10 15

Santa Cruz 5 40

Stockton: =. 10 45

Miscellaneous ................---.--------- --80 225

450 $3,000

Per Cent

New Per Cent Money

Members of Goal Received of Goal

71 61% $ 418.50 54%

9 90% 37.00 50%

20 400% 714.00 180%

72 40% 16.00 40%

8 30% 40.50 23%

3 30% 15.00 20%

15 60% 84.00 48%,

10 100% 65.50 87%

19 471% 92.00 33%

9 37% 49.50 28%,

15 60% 780.00 92%

3 30% 17.00 23%,

1 20% 6.00 15%

6 60% 30.00 40%

8 30% 51.50 230,

259 564% $1,776.50 59%

Page 4

AMERICAN CIVIL LIBERTIES UNION-NEWS

American Civil Liberties Union-News

Published monthly at 503 Market Street., 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 and Fifty Cents a Year.

Fifteen Cents per Copy -151 as:

Union Supports Ousted Prof.

Who Signed Clemency Petition

The signing of a petition requesting clemency

for the eleven leaders of the Communist Party

convicted under the Smith Act is a constitutional

right, and not a political act that should be pe-

nalized, the Academic Freedom Committee of the

American Civil Liberties Union said last month.

The statement was made in a letter addressed

to Mr. Oscar Stauffer, chairman of Kansas State

Board of Regents, concerning the case of Profes-

sor W. Lou Tandy who was relieved of all duties

at Kansas State Teachers College, although his

pay was continued to the end of his contract pe-

riod, after he joined in a public petition to former

President Truman to pardon the convicted Com-

munists.

The letter was signed by Arthur C. Cole, chair-

man of the Academic Freedom Committee and Dr.

Karl Menninger, noted psychiatrist and member of

ACLU's National Committee.

"It is our opinion," said the letter, "that the per-

sons signing the petition were acting independently

and addressing themselves exclusively to their

common interest in this matter."

The ACLU committee held that "both as a citi-

zen and as a responsible member of society, Pro-

fessor Tandy acted within his rights and with

propriety," and it urged the Kansas State Board

of Regents, which "has gone a long way toward

a just and democratic judgment in this situation"

to make a further statement `commenting upon

the impropriety of the faculty action and the in-

correctness and irrelevance of the acting presi-

dent's views."

The letter sharply questions a statement by act-

ing president of the college John Jacobs that ``any

teacher who wishes to enter the political arena

should sever his connection with his institution,

either by resignation or leave of absence and even

in minor political matters he should take care to

make it clear that he is acting as an individual

and not as a member of a public institution."

"It is impossible to agree with this definition

of political activity as applicable to a petition

signed by a miscellaneous group of persons re-

questing executive action on a single issue,'' the

ACLU committee writes. "If this definition were

accepted, no member of the Emporia staff could

speak or write on any public issue without formal

disclaimer."

The letter also takes issue with the objection

of acting president Jacobs to Professor Tandy's

having used the name of his institution after his

signature in the petition. "The president does not

indicate, as he should," writes the committee,

"that the other signators also indicated their con-

nections; the President does not recognize the fact

that it is common practice for all persons so to

indicate their connections, merely as a device for

identification."

Criticizing the action of the college faculty which

offered its support to "whatever action the ad-

ministration deems necessary," the ACLU letter

states that, "In our opinion, it is totally improper

for a group of teachers to endorse in advance the

action of an administration; such an endorsement

places too great a responsibility upon the admini-

stration and abjectly yields the hard-won rights of

professional self-judgment."

Declaring that the Kansas State Board of Re-

gents, in merely relieving Professor Tandy of duty,

and in taking no action to dismiss him, showed "a

proper regard for contractual right, and solici-

tude for (his) welfare," the ACLU committee

pointed out that "the fact that (he) has been re-

lieved of all duties does, however, leave him under

a cloud," and it "earnestly" requests the Board

to "give further consideration to this problem."

Study of Radio-TV Time for

Political Candidates Starts

The Kaltenborn Foundation has just awarded

a Fellowship to Isaiah S. Bard, native Bostonian,

currently residing in New York City. The Fellow-

ship will enable Mr. Bard, who received his M.A.

in Mass Communications at New York University

School of Education in 1952, to make a study (an

inquiry) into radio and television practices relat-

ing to the air time given aspirants for political

office. This study will be made under the auspices

of the American Civil Liberties Union and will be

supervised by Professor Charles Siepman, Director

of N.Y.U.'s Communication Department.

ACLU Hits Sen. McCarthy's Probe of

Wechsler As Threat to Press Freedom

Following is the complete text of a public

statement issued by the American Civil Liberties

Union following Sen. Joseph McCarthy's investi-

gation of New York Post editor James A.

Wechsler: :

-In accordance with its regular practice, the

American Civil Liberties Union has postponed

making any statement about the April 24 and May

D questioning by Senator McCarthy of James

Wechsler, editor of the New York Post and a re-

cently elected member of the ACLU board, until

the promised publication of the transcript of that

questioning. Now that we have read, not only the

excerpts from the transcript published in today's

newspapers, but also the full text, we want imme-

diately to express our complete confidence in Mr.

Wechsler as a sincere and vigorous and effective

leader of the fight against Communist tyranny;

and, most of all, to protest emphatically the

abridgment of freedom of the whole press implicit

in ae investigation of his editorial policies as

such.

Senator McCarthy's committee is fully entitled

to investigate possible illegal acts (which do not

include mere membership in any organization),

and the possible unwisdom of government opera-

tions-including the use of a particular book by

American information offices abroad. But it is not

entitled to question the author of such a book

about something which is both perfectly legal and

utterly unrelated to the proper subject-matter of

the committee's investigation-namely, in Mr.

Wechsler's case, the way he edits his newspaper,

judgment on which igs no more the business of

Senator McCarthy's committee than it is the busi-

ness of the American Civil Liberties Union.

Newspaper men deserve no special exemption

from questioning about possible illegal acts, or

other matters properly within the jurisdiction of

a Congressional committee, And, if Mr. Wechsler

Judge's Order Barring Press

From Jelke Trial Upheld

By a 3-2 decision, the Appellate Division of the

N. Y. Supreme Court has upheld Supreme Court

Justice Benjamin F. Schreiber in refusing to over-

rule an order by General Sessions Judge Francis

L, Valente barring the press and public from the

Jelke vice trial. The decision leaves the way open

for an appeal to the state's highest court, the

Court of Appeals.

The Appellate Division majority made their

decision without taking a stand on whether the

exclusion order was proper. The court said it would

decide that. issue in case Jelke appeals his convic-

tion. Reversal of the Valente ruling in the present

case might be interpreted as a judicial finding

that Jelke had been denied his right to a public

trial, the majority held.

According to the majority opinion, written by

Associate Justice John Van Voorhis and concur-

red in by Associate Justices Edward S. Dore and

Joseph M. Callahan, the law, providing that

"every citizen may freely attend" all court ses-

Sions, was intended solely to protect the civil liber-

ties of persons accused of crime, and not to

euetanive admittance to press or other "specta-

ors."

At the trial, Jelke's counsel objected to the ex-

clusion of the press as an infringement of his

client's right to public trial under the state judi-

ciary law. ws

The dissenting opinion, by Presiding Justice

David W. Peck and Associate Justice Francis Ber-

gan, cited the lack of precedent for barring the

press or public from prostitution trials. To reject

the plea of the publishers to seek admission to the

court was "tantamount to saying the court will

remain deaf to the assertion of their legal right."

New York newspapers and press associations,

who challenged the Valente ruling, had argued

that he could not stretch the law, which gives a

_ trial judge discretion to refuse public admission in

cases involving divorce, seduction, abortion, rape,

sodomy, bastardy, or filiation, to include compul-

sory prostitution.

Concurring, the minority opinion stated that

``No showing has been made here which would dis-

tinguish the present case in any moral way from

the run of prostitution cases. If for reasons there

appears to be some undue interest in this case, it

would hardly justify an exception to the ordinary

rule. The exception made rather flies in the face

of basic concepts of the impersonality of the law

and equal treatment of all without fear or favor."

The New York Civil Liberties Union had sup-

ported the publishers on the ground of the public's

right to information and the unconstitutional

censorship of Judge Valente's action.

were a banker or a lawyer, we should still protest

his being subjected to questioning about some-

thing which was legal and unrelated to the proper |

subject-matter of the committee's investigation.

But the fact that Mr. Wechsler is an editor

makes even worse the threat to civil liberties

what is implicit in Senator McCarthy's question-

ing. The First Amendment, which prohibits any

abridgement of freedom of the press, does not by

accident stand at the head of the Bill of Rights.

Freedom of inquiry and expression is the prime

freedom of a free society. And a free society can-

not afford even the possibility that its editors may

tone down their own utterances, because of their

knowledge that one of their number has been offi-

cially pilloried merely for expressing adverse opin-

ions about Congressional committees.

The American Civil Liberties Union, therefore,

will energetically support Mr. Wechsler's request

that the American Society of Newspaper Editors

should thoroughly investigate his questioning by

Senator McCarthy.

_ The Union calls on Senator McCarthy publicly

hereafter to confine his investigations strictly to

possible illegal acts and matters directly related to

the proper subject-matter of his committee's in-

vestigation. Senators Jackson and Symington

showed, during the Wechsler questioning, that

they are conscious of the grave danger which it

represents; and Senator McCarthy himself has

shown, in the rules of procedure established for

his committee, that he is aware of civil liberties

considerations in the realm of due process. But it

is long past time for Senator McCarthy and all his

colleagues in the Senate and House, for the news-

paper editors and all the people of this country,

to put an absolute stop to every unconstitutional

and unwise and unnecessary enchroachment on

freedom of speech and freedom of the press.

We can defend our national security without

threatening free expression. We cannot preserve

our individual liberties without exercising them.

Supreme Court Upholds

Federal Gambler's Tax Law

In a 6-3 decision, the U.S. Supreme Court has

upheld the constitutionality of the 1951 federal jj

tax law which taxed gamblers and required them

to register with the Collector of Internal Revenue.

In an opinion by Justice Reed, it was held that

though the tax is regulatory, it does produce

revenue (about 4% million dollars a year), and

was therefore not a prohibited invasion of a busi- (c)

ness which only the states could regulate. The

Court rejected the contention that the tax denied

the privilege against self-incrimination. Since the

defendant, Joseph Kahriger, prosecuted for fail-

ing to register for the wagering tax, had failed to

register, the Court ruled it was difficult to see

how he could now claim the privilege he might

possibly have raised in the tax return. In any

event, the Court ruled, that the privilege against

self-incrimination does nof relate to future acts

that may or may not be committed, and that if the

defendant had wanted to continue in the gambling

business, he had to pay the occupational tax.

.. Justice Frankfurter, in a dissenting opinion,

argued that this was essentially an effort to stamp

out professional gambling, a domain of legislation

reserved for the states. He also thought it a viola-

tion of self-incrimination for Congress to compel

self-incrimination under state gambling laws.

Justice Black, in an opinion concurred in by

Justice Douglas, argued that registration amount-

ed to a coercion of confession which was a viola-

tion of due process of law required by the Fifth

Amendment.

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