vol. 20, no. 6

American

- Civil Liberties "2cent

- Unton-News

"Eternal vigilance is the price of liberty."

Free Press

Free Assemblage

Free Speech

VOLUME XX

SAN FRANCISCO, CALIFORNIA, JUNE, 1955

NUMBER 6

Marin Chapter Raises

Money for ACLU Expansion

The Marin County Chapter of the ACLU of

Northern California netted $479.56 in cash from

its March 31 sponsorship of `The Crucible," ac-

cording to Treasurer Milen Dempster. The suc-

cessful affair was under the leadership of Sali

`Lieberman, vice-chairman of the Chapter and

chairman of the Finance Committee. The money

is ear-marked for ACLU expansion.

Membership Drive

` In the meantime, a Liberty Insurance Memher- 0x00B0

ship Drive got under way on April 2nd and reach-

ed its climax on May 4 at a tremendous pot luck

dinner at the Kent Estate, Kent Woodlands, at-

tended by about 500 persons. Patrick Murphy

Malin, ACLU national director, was the main

speaker. A team of 100 persons cooperated in

making the dinner a huge success.

As the "News" goes to press, the Marin mem-

bership drive has thus far netted 110 new mem-

bers, 10 renewals and receipts of $589.50. In the

closing days of the membership drive, the cam-

paign workers are making special efforts to re-

- enroll the 57 members and subscribers who re-

cently allowed their support to lapse. This remark-

able campaign has again been under the leader-

ship of Helen Merret, vice-chairman of the

Chapter and chairman of the Membership Com-

mittee, and Mrs. Frank Quinn, co-chairman of

the Membership Committee.

Expansion Program

The Marin' Chapter's membership drive and

other fund-raising activities are intended to sup-

port the expansion program of the ACLU of

Northern California. That program, as envisioned

by a special sub-committee, would result in the

addition of two employees to the present full-time

staff of four,-one to engage in education and

_ public relation activities and the other to handle

resulting office work. Incidentally, the branch has

been reluctant to establish other chapters like

the one in Marin county because of the need for

servicing such groups. That would be one function

of a new staff person.

The initial cost of the expanded program would

be about $9800. In terms of increased member-

ship, that would mean raising the present mem-

bership of 3400 to almost 5000.

The special sub-committee believes the expan-

sion plan can be undertaken by next January 1,

if an Expansion Fund of about $4000 is built up

in the interim. An additional $4500 from 750 new

members might then be raised in a 1956 spring

membership drive to carry the branch through the

fiscal year ending October 31, 1956. Another cam-

paign for 750 new members and $4500 would also

have to be held in the spring of 1957 in order to

meet the financial demands of a full fiscal year.

In other words, the Union's Operating Income

would have to be increased from the present

$29,600 to about $40,000.

$2500 Available; $1500 Needed

The sub-committee will recommend transfer of

$1000 from present Reserve Funds to the Ex-

pansion Fund, leaving about $4500 in the former

fund. Exactly $907.64 remains from the 1952

membership campaign, which succeeded in add-

ing a staff counsel and typist-clerk to the Union's

staff, and $300 was recently turned over to the

branch by the Marin Chapter. Also, the income

from any increase in Marin county's membership

as a result of the present drive would be added

to the Fund. At the present time, that amounts

to about $275. In short, if the sub-committee's

plan is accepted, the branch will start with about

$2500 in the Expansion Fund, while an additional

$1500 will have to be raised by January 1. If

more money is raised before the deadline, the

plan can get an earlier start.

ACLU

Depariment's Passport

- The American Civil Liberties Union announced

late last month that it would file a series of test

suits in the courts contending that the State De-

partment's passport and visa policies violate due

process of law. :

At a press conference in Washington, D. C.,

ACLU executive director, Patrick Murphy Malin,

disclosed that suits would be brought early in

June in Federal District Court in Washington on

behalf of four persons denied passports without

adequate explanation or hearing. The ACLU said

it would also seek to file friend of the court briefs

in support of two other cases challenging the De-

partment's position.

Conference Denied |

The Union's decision to resort to court action,

Malin said, came only after repeated and unsuc-

cessful efforts to arrange a conference with Sec-

retary of State John Foster Dulles in order to

present in person its views on the passport-visa ,

problem.

The ACLU spokesman released a letter received |

on April 12 from Scott McLeod, the Department's

security administrator, refusing a conference with

ACLU representatives on grounds that no useful

purpose would be served by a meeting.

"The Department considers that its procedures

`Loyalty' Check for Leaders

Of Charitable Groups

Under the terms of a bill introduced by Sen.

Hugh Burns on May 17, the State Attorney Gen-

eral would be required to bring removal proceed-

ings against any "trustee, director or other offi-

cer' of a "religious, hospital, scientific or charit-

able" group whom he finds "has been or is now"

connected with an organization declared by the

Attorney General or State Un-American Activi-

ties Committee to be subversive.

This fantastic witch-hunting measure, S.B. 2003,

was set for a hearing on one day's notice and re-

ceived a favorable recommendation by the Senate

`Committee on Revenue and Taxation on May 22.

Opponents of this bill hope to defeat it in the

Assembly Taxation Committee when it is called

for a hearing in the hectic closing week of the

session which ends on June 8.

The text of the proposal is as follows: "The At-

torney General of the State of California may,

from time to time, investigate any corporations

organized for religious, hospital, scientific or

charitable purposes; and if, as a result of such

investigation, he shall find that any trustee,

director or other officer of such an organization

has been or now is affiliated with, a sponsor or

officer of, or a member of any organization de-

clared by the Attorney General of the United

States or any fact-finding committee or Un-

American Activities Committee now or hereafter

created by the Legislature of the State of Cali-

fornia to be communist controlled or subversive,

or a communistic organization, the Attorney Gen-

eral of the State of California shall take the neces-

sary legal steps to cause the removal from office

of such trustee, director or other officer."

Under the terms of this bill, the Attorney Gen-

eral could seek the ouster from his pulpit of any

minister who had ever contributed to a Commu-

nist front."

Civil Liberties Books Wanted

The local ACLU office receives frequent

requests, especially from students, for infor-

mation on civil liberties subjects. Our pam-

phiet material and books are limited. The of-

fice would welcome donations of civil liberties

books to place in the office library for us

by persons who are interested.

fill File Series of Suits Testing State

Visa Policies

for administering the passport and visa laws and

regulations are legally sound and give the persons

concerned due process of law,' McLeod wrote. |

Ernest Angell, chairman of the Union's board.

McLeod Distorts Union's Position

A joint reply from Angell and Malin, sent on

May 23 and revealing the court action, charged

that the Union's basic views on the passport-visa

situation had been ignored. Instead, the ACLU

sald, MeLeod's letter stated that the ACLU's in-

terest appeared to be the State Department's re-

fusal to grant passports to American Communists

and visas to alien Communists. McLeod quoted at

length from a section of the 1950 Internal Security

Act describing the threat of the worldwide Com-

munist movement in supporting the Department's

conclusion that ``experience over a period of many

years has conclusively proven that Communists

using American passports often and actually en-

gage in propaganda, espionage and revolutionary

activities in foreign countries on behalf of the

Soviet Government." ;

The basic purpose of its memorandum, the

ACLU replied, `was in no sense to advocate the

granting of passports to American Communists,

but to urge that the protection of due process to

which all American citizens are entitled be given

by the Department in place of the present arbi-

trary determination as to who shall be allowed to

travel abroad. American citizens are entitled to

fair treatment by their government, including the

right to a fair hearing at which charges are clearly

presented and the full facts determined .. .

Department Favors Communists

"One of our primary objections to the Depart-

ment's regulations is that they actually discrimi-

nate in favor of Communists, since apparently

only persons accused of Communism have a right

to appeal to the Passport Appeals Board; persons

denied passports for other reasons have no right

whatsoever to appeal to the Board. This unequal

treatment, which we emphasized in our memoran-

dum, causes us to ask why our attention was

drawn to the conspiratorial aspect of the Commu-

nist Party when the Department's regulations

themselves actually discriminate in favor, of Com-

munist Party members.

"To the best of our knowledge, none of the

cases described in our memorandum involve mem-

bers of the Communist Party, and, in fact, several

of them deal with persons who have proven anti-

Communist records. The one person against whom

a public charge involving Communism has been

leveled, Dr. Martin Kamen, recently won a libel

suit he brought against a newspaper that so char-

acterized him. The cases in our memorandum

revealed delaying tactics by the Department,

which effectively denied the right of a person to

a hearing altogether; failure to follow the rules

laid down in a judicial decision from which the

Department did not appeal; or a lack of a right to

confront and cross-examine accusers-a right

which is the heart of due process."

The memorandum referred to was a detailed

review of State Department passport-visa policies,

and the ACLU's objections to them, which was

sent to Dulles in January. It was one of a series

of ACLU communications to the Department since

1952 by which the. civil liberties organization had

attempted to call attention to lack of due process

and to seek revision of the regulations.

Persons Suing

The persons on whose behalf the ACLU is bring-

ing test cases are Mrs. Helena Maxfield, presently

in England, who never hag been given an explana-

tion for the State Department's refusal to renew

`her passport; a woman identified only as `Mrs.

A. B." who unsuccessfully sought a passport to

Poland `to care for a gravely ill daughter-in-law

(Continued on Page 4, Col. 1)

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

JUNE, 1955

Nominations, Please!

The terms of the following members of the

Executive Committee of the American Civil

`Liberties Union of Northern California ex-

} pire next October 31: attorneys Philip Adams

and Albert Brundage; Prof. James R. Cald-

well, Rabbi Alvin Fine, Rev. Oscar F. Green,

Ruth Kingman, Berkeley, who is active in

women's groups, Dr. Alexander Meiklejohn

and Helen Saiz, artist. While there are no

vacancies on the Committee, a proposal will

be presented to the June meeting to increase

the Committee's size which is now limited to

25 persons.

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 con-

sideration. 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 Octo-

ber."

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

besides serving on sub-committees. :

Security Checks in |

`Defense Facilities' Opposed

The American Civil Liberties Union last month

criticized a Senate bill providing a security check-

up for any person working in or having access to

a defense facility as `drawn too loosely to serve

as an effective security measure and not giving

proper consideration to individual liberties."

Would Apply to Non-Sensitive Jobs

Under the present industrial security program,

all workers working on classified material must

receive security clearances, but the program does

not cover employees working on non-defense ma-

terial in a plant that might also employ people ~

working on defense contracts. Sen. Butler has

proposed S. 681 and maintains that the presence -

of non-cleared workers in plants doing defense

work is enough of a security threat to warrant

legislative action. The bill would give the govern-

ment the power to exclude from defense facilities

any person whom it has "reasonable ground to

suspect" may at some future date engage in sub-

versive activity.

The ACLU statement noted that while security.

may require the non-employment in "strictly de-

fined' sensitive areas of persons devoted to the

Communist cause, the definition of a defense

facility in the Butter bill was much too broad.

Millions Involved :

"Conceivably most industrial establishments as

well as transportation centers could be considered

as a defense facility. This then, could involve a

screening program for millions of Americans, in

order to get at an admitted few who might do

harm if they gained access to a facility."

The ACLU also criticized the lack of due process

protection for employees whose security status is

challenged.

The ACLU statement noted that while security

employee the right to confront and cross-examine

witnesses making derogatory charges against him.

We understand the concern to protect under-cover

or counter-espionage agents from disclosure, but

cases in the security program have revealed that

in many instances the accused is not a counter-

espionage agent, but a person bent on gossip or

rumor-mongering.

Right To Earn A Living

"Moreover, it should be emphasized that the

right to earn a living is fundamental, and should

certainly not be denied without guaranteeing per-

sons involved the opportunity to face their ac-

cusers so that the truth of the matter can he

determined."

The ACLU also took issue with the lack of pro-

cedures for reviewing the decisions of security

officers, asserting these were necessary to "check

possible arbitrary or illegal action on the security

officers' part." The absence of review procedures,

the ACLU continued, "`is not consonant with either

our tradition of due process, or of sound admin-

istrative practice."

THE (FIRST) ARMY TELLS

Last January 7, Maj. Robert C. Perron, in

charge of Plant Protection at the Watertown

Arsenal, Massachusetts, released to civilian per-

sonnel a study, prepared by First Army, entitled,

"How to Spot a Communist," "as a means of in-

formation and general background material on a

question of vital concern to every American,

particularly to government employees."

The partial text of this amazing Government

report, which has brought a protest from the

. ACLU, follows:

Special Study

HOW TO SPOT A COMMUNIST.

1. INTRODUCTION

Events of recent years have made it obvious

that there is no foolproof way of detecting a

Communist. The Communist individual is no long-

er a "type" exemplified by the bearded and coarse

revolutionary with time bomb in briefcase. U.S.

Communists come from all walks of life, profess

all faiths and exercise all trades and professions.

In addition, the Communist Party, USA, has made

concerted efforts to go underground for the pur-

pose of infiltration.

If there is no foolproof system in spotting a

Communist, there are, fortunately, indications

that may give him away. These indications are

often subtle but always present, for the Commu-

nist, by reason of his "faith" must act and talk

along certain lines.

- The following chapters contain some of these

indications which may help in recognizing ag such

the individual who belongs to the Communist "

Party as well as the sympathizer and fellow-

traveler of all shades.

2. THE "COMMUNIST LANGUAGE"

Through this process of refinement, Commu-

nists in the United States have developed what

might be called a "Communist Language." It is

not defined in dictionaries or taught in schools

but can be of considerable help in identifying a

Communist. The two distinguishing marks of this

language are sentence structure and vocabulary.

The Communist's eternal preoccupation with

Marxist theory appears to prod him to constant

imitation of Marxist style at its most involved. -

This imitation is not limited to purely political

discussions or writings and finds its way into the

Communhnist's private life. Here are some sample

sentences taken at random from Communist pub-

`lications:

`Tf we stand at the brink of destruction,

we also stand at the brink of something else,

at the brink of a new dawn, in which the

human race, in all of its complex and fascinat-

ing difference, will come to the conclusion

_that it must live in a peaceful brotherhood

that will include this multitude of difference."

While a certain heaviness of style and prefer-

ence for long sentences is common to most Com-

munist writings, a distinct vocabulary provides

the second and more easily recognized feature of

the "Communist Language."

Even a superficial reading of an article written

by a Communist or a conversation with one will

probably reveal the use of some of the following

expressions: -

integrative thinking hooliganism

vanguard ruling class

comrade demagogy

hootenanny dialectical -

chauvinism witch-hunt

book-burning reactionary.

syncretistic faith exploitation

bourgeois-nationalism _ oppressive

jingoism materialist

colonialism progressive

This list, selected at random, could be extended

indefinitely. While all of the above expressions are

part of the English language, their use by Com-

munists is infinitely more frequent than by the

general public.

In speaking of a "Communist language" it must

be clearly understood that the use of certain

terms and structures can never constitute proof

of a charge as serious as subversion. Nevertheless,

since the distinguishing marks of that language

are in fact part of the American Communist's life,

they might well be considered as a danger signal.

3. THE "COMMUNIST RELIGION"

The tell-tale signs of this "Communist Religion"

are not easy to detect. There is, above all, a rigi-

dity in views insofar as they pertain to the Com-

munist doctrine. This is not to say that the Com-

munist lacks persuasiveness or variety of ex-

pression. It does mean, however, that he will

stubbornly cling to the "line" even when proven

wrong in debate. The Communist has implicit

faith in Marxist philosophy and in the truth of

the "line" as transmitted from Moscow. Because

of this faith, he cannot and will not give ground

when challenged on basic Marxist issues or poli-

tical pronouncements made by his leaders. The

" demned those

"HOW TO SPOT A COMMUNIST"

possibility of compromising on these issues is

utterly beyond his comprehension.

Frequently, the Communist's slavish adherence

to Moscow edicts becomes absurd. A classic illus-

tration is the `Daily Worker" edition of 23 August

1939. On this day, when the USSR concluded a

non-aggression pact with Nazi-Germany, the

Communist newspaper's columns were filled with

denunciations of `Hitlerian barbarism.' On the

very next day, after receiving the news of the

pact, the "Daily Worker" spoke glowingly of

Hitler's "peaceful intentions" and sharply con-

"imperialistic jackals," Great Brit-

ain and France. There is no indication in this and

many other cases that the frequent changes in

the "line'' evoke any doubt, or even wonder in the

minds of U.S. Communists.

4. THE COMMUNIST'S LOGIC

The Communist, then, is not really "logical."

The finality of his arguments and the complete-

ness of his condemnation marks him clearly,

whether as a speaker, a writer or a conversation

partner.

5. THE COMMUNIST APPROACH TO OTHERS

In general, two aspects of Communist tactics

are plainly distinguishable. Excessive condemna-

tion is one. The Communist, when criticizing, goes ~

all out in condemning a situation, an idea, or an

individual. He will not admit to a single good

aspect of anything which has been selected as a

target by virtue of the "line." This procedure is

in sharp contrast to non-Communist critics who

frequently realize that admission of "good" points

only increases the weight of their arguments

against others.

In addition to these very general principles

common to Communist tactics, a number of spe-

cific issues have been part of the Communist

arsenal for a long period of time. These issues are

raised not only by Communist appeals to the pub-

lic but also by the individual Party member or

sympathizer who is a product of his Communist

environment. They include:

"McCarthyism"

Violation of Civil Rights

Racial or religious discrimination

Immigration laws

Anti-subversive legislation

Any legislation concerning labor unions

The military budget

"Peace''

6. THE COMMUNIST'S AFFILIATIONS

Communism as a social philosophy becomes (c)

meaningful only when practiced in groups. The

individual Communist, "`security-conscious" as he

may be, will at one time or another engage in

group activities. The nature of the groups with

which he affiliates can then serve as a good indi-

cation of his oWn convictions.

Both CP members and sympathizers who are

not Party members frequently belong to one or

more organizations referred to as `Communist

Fronts." Some of these have been declared sub-

versive by the U.S. Attorney General under Exec-

utive Order 10450 or cited by Congressional Com-

mittees. Many others carry on their work of dis-

seminating the CP line without that stigma. Gen-

erally speaking, it is well to be wary of those

organizations which stand for wholesale condem-

nation of the U.S. Government, a legitimate

political party, or groups of individuals. Commu-

nist fronts have consistently shown preference for

such issues as `Civil Rights," anti-subversive

_ legislation and restrictions on immigration. In

(Continued on Page 3, Col. 3)

After Delay, Passports

issued in Political Case

The four passport cases in which the local of-

fice of the ACLU is concerned were reduced by

two last month when the Passport Office issued

passports requested by a husband and wife fol-

lowing written answers to political charges and

some delay.

The Passport Office alleged that the applicants

had close associations with known Communists,

were "sympathetic to the Communist Party," sup-

ported the Communist movement for many years,

and adhered to the Communist Party line.

Specifically, the wife was charged with en-

couraging the use of a school building as a meet-

ing place by the Young Communist League in

Berkeley in 1940, and with having connections

with the Birobidjan Committee. They were both

charged with "affiliation"? with the California

Labor School, and with attending a reception for

Paul Robeson given by the School. The final

charges were that they were "hosts" at a musical

"for the benefit of the Joint: Anti-Fascist Refu-

gee Committee," and with being `associated with

the American Russian Institute of San Fran-

cisco.'

JUNE, 1955

AMERICAN CIVIL LIBERTIES UNION-NEWS

Page 3

Court Bans Public Payments

To Religious Orphanages

Public funds can no longer be used for the

maintenance of delinquent, neglected and depend-

ent children in sectarian institutions, a Pittsburgh

Court of Common Pleas has ruled.

The Pennsylvania Constitution bars appropria-

tions to any denominational or sectarian institu-

tions, but, in 1923, the State Legislature adopted

a, law directing county authorities to place chil-

dren, "as far as possible, under the care, guidance

and control of persons having the same religious

beliefs as the parents of the children or with some

association, institution or society which is con-

trolled by persons of such religious belief." The

law also directed that expenses for such care be

paid by either the city or county.

Defendants in the action were nine religious .

orphanages who had received more than $250,000

from Allegheny County in 1953. It was brought

out at the trial that there were no public institu-

tions in Allegheny County for the care of de-

pendent children, nor any private institutions not

affiliated with church groups.

Recognizing the difficulty in making an imme-

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A. Marshall Thompson held that, `It may require

some period of time to provide for the mainten-

ance of these children in private homes or in some

suitable institutions that are not sectarian ...a

period of time in which to make the adjustment

should be provided before a final decree becomes

effective." :

Judge Thompson relied on several previous

cases of the Pennsylvania Supreme Court reaf-

- firming the constitutional separation of church

and state even where the legislature or state-

-ereated agency is willing to modify this basic

tenet.

The State Attorney General and the County

Solicitor appeared in defense. They maintained

that the expenditure of public funds in this man-

ner was permissable because it was raised by

county rather than state taxation, and because

the moneys were not gifts or appropriations to

the institutions involved, but payments for spe-

cific services. Judge Thompson, however, rejected

both contentions in view of the clear and impe-

rative language of the State Supreme Court in

previous cases.

ACLU Urges Congress

To Bar All Wiretapping

The American Civil Liberties Union recently

urged the Congress to prohibit wiretapping "as

- destructive of personal liberties."

The Union's position was presented to a House

Judiciary subcommittee by Irving Ferman, the

ACLU's Washington director. The subcommittee

is studying a number of proposals that would bar

wiretapping completely or allow it only in national

security and kidnapping cases.

"The Union agrees with the dissenters in Olm-

stead vs. the U.S."' Ferman said, `"`that the prac-

tice of wiretapping by police officials should be

barred by the Fourth Amendment to our Consti-

tution. This basic amendment establishes two

fundamental limitations in the scope of investigat-

ing authority: (1) the privacy against invasion of

the home; (2) the prescription against the use of

general warrants in search for and seizure of

evidence...

"The prohibition against general warrants has

rich meaning in the light of the early American

experience. In our Colonial history, general war-

rants (in the form of writs of assistance) were

issued authorizing officers to enter, in their dis-

cretion, suspected places, and search for. goods.

Of this, James Otis, in 1761, said, `the worst in-

strument of arbitrary power, the most destructive

of English liberty and the fundamental principle

of law, that was ever found in an English law

book' is this placing of `the liberty of every man

in the hands of every petty officer.'

"The police officer before tapping should be

limited in this power the same way that he is

limited before searching one's home. He should

be given only a warrant that is specific as to the

-name of places, persons and things to be searched

and seized. I submit that such a specific warrant

to an officer who is about to tap is almost im-

possible by the very nature of wiretapping."

In essence, Ferman testified, the nature of wire-

tapping violates the Fourth Amendment because

any order to tap wires, in effect, becomes a gen-

eral warrant. "The very dragnet feature of wire-

tapping makes it impossible to prescribe befove--

hand the limits of personal invasion."

While urging that Congress adopt a flat prohi-

bition against wiretapping, the ACLU spokesman

said that if permissive wiretapping is approved it

should include stringent safeguards that would

prevent abuse.

Oppose Censorship of Comic Books as

Means of Combaiting Juvenile Delinquency

Censorship of comic books is an unconstitu-

tional method of combatting the problem of

juvenile delinquency, the American Civil Liberties

Union stated last month.

The Union asserted in a policy statement filed

with the Senate Judiciary. Subcommittee on Ju-

venile Delinquency that there is a wide variety

of opinion as to the relationship between the read- .

ing of crime comics and delinquency and that

"at this time there hag been no showing that the

circulation of crime comic books constitutes a

clear and present danger."' Unless such a danger

is shown, the ACLU said, `and there are inade-

quate alternative means to combat this evil, there

is no justification for cutting into a basic right

guaranteed by the U.S. Constitution, a free press

unhampered by governmental interference.

Concern Understood |

"The ACLU understands the concern of Ameri-

can parents that their children are being subject-

ed to a barrage of written material that may wield

real influence on their impressionable minds," the

Union pointed out in its statement. But there is

another danger that must be equally considered-

the danger of censorship. .

"10 suppress books in the absence of a clear

and present danger, even offensive comic books,

is in violation of the First Amendment." And the

weakening of the First Amendment can lead to

the undermining of our free institutions, which

we want our children and their children to enjoy

and respect.

The circulation of all books involves risk, the

ACLU added, "but risk is an indelible mark of

democracy and a society of freedom."'

Parental Control

In place of censorship, the Union recommended

parental control over the reading habits of chil-

dren, continued work by school, religious, and

community groups to lessen delinquency, addi-

tional study of the relation between juvenile

delinquency and comic books, and proper invoking

of obscenity laws.

"The problem of juvenile delinquency is of

major importance and we believe that every legi-

timate effort must be made to deal with its causes

_ and to seek its cure," the statement said. "As an

organization concerned with the welfare of the

American community, and as parents concerned

with the welfare of our children, we are anxious

that this alarming problem be solved."

The Union noted that while a large segment

of the public assumes that crime and horror

comics stimulate children to commit crimes, ex-

perts in the fields of sociology, child psychology, -

psychiatry, and law enforcement have varying

opinions on the problem.

Divergent Views

"There are almost as many opinions as there

are experts about the degree of importance and

significance of comic books dealing with crime,

violence and horror and their connection with the

rising tide of juvenile crime." -

These divergent views range all the way from

belief there is the "most direct relationship to the

occurrence of criminal acts" to the opinion that

"comic books do not have the slightest bearing

on the problem" and even "help children by allow-

ing them to give vent, vicariously, to their drives

for adventure and thrills." -.

While asserting that it was not its function to

pass on the merits of the experts' opinions, the

_ ACLU said it believed "that comic books, like the

other mass media, may play an important part in

the development of children's minds and behavior.

But, in view of the divergent-even contradictory

-opinions expressed by responsible and qualified

`persons, it believes there is lacking the assurance

that crime comics are a significant cause of delin-

quency.

"In view of the anti-delinquency work being

carried on by churches and synagogues, schools,

social agencies, civic and community organiza-

tions, it can hardly be said that there is insuffi-

cient time to combat whatever evils may be pre-

sented by erime comic books by means short of

censorship or by legally banning their publica-

tion." Ce

Censorship Proposals Considered

The Union then considered point by point var-

ious proposals for censoring comic books. It em-

phasized that censorship could not be imposed for

children alone, not only because a large portion

of comic book readers are adults, but because to

condone partial pre-censorship would be to invite

a spreading of censorship to other reading mater-

ials. ". ... it is most difficult to limit censorship

only to the elimination of misdeeds and horrors

to which children should not be exposed. Histor-

ical experience has shown that private groups

who seek to inculcate their particular point of

view are always eager to broaden the scope of

banned material and seize on censorship as an

ally. Once the wall has been breached, more

ground may be lost . . . to institutionalize the

censor and his scissors is a real danger. Govern-

mental censorship, even in a limited form, has

within it the means of destroying the climate

needed to nurture free thought and expression-

the minds of free men." e

Prohibition against sale of comic books to chil-

dren under a certain age is unworkable, it said,

_as "bootleg" sales will result and make the banned

work more desirable. And a law banning publica-

tions devoted chiefly to criminal news and stories

of bloodshed, lust, and crime cannot meet consti-.

tutional standards. :

Volunteer "watchdog committees" are no less

objectionable, the ACLU asserted. `Certainly

individual members of the community have the

right to decide what they or their children should

read." But "concerted action designed to decide

the reading fare of the entire community .. .

constitutes an attempt to enforce conformity, a

practice alien to the American idea of free choice

and our democratic tradition."

Publishers' Code

Nor is establishment of a comic book publishers'

code commendable, according to the Union state-

ment. "Although a single publisher may prescribe

for himself any set of standards he may desire

for the publication of material, a different situ-.

ation exists where a significant segment of the

industry agrees to abide by a code. Collective ad-

herence to a single set of principles in a code has

the effect of limiting different points of views,

for individual publishers-as well as writers-are

fearful of departing from the accepted norm lest

they be held up to scorn or attack and suffer

economic loss. Yet the variety of ideas is the life-

blood of a free society. Whatever evil exists in the

restraint of competition in our economic life pales

in significance when compared to the dangers of @

monopoly or uniformity of ideas. Experience has

Shown that the restrictive effects of codes goes

far beyond the cedes' original purpose and inten-

tion. As described above, this is clearly evident:

in the Code published by the Comic Magazine

Association where restraints unrelated to horror,

crime and violence have been promulgated and

are being enforced."

"Probably our best hope lies in the home itself

-parental control over the reading habits of their

children," the ACLU statement concluded. "As

the testimony of child welfare experts attests, an

environment which embraces a wide range of in-

terests will make comics less of an attraction to

children. . . . To those who argue that not every

child's home environment can meet his total needs

and something must be done to safeguard children

who, unfortunately, live in an unwholesome en-

vironment, the answer lies in the work of schools,

churches, and community organizations. The cre-

eo of the healthy environment is their chal-

enge."'

The Army Tells

`Fiow To Spot A Communist' |

. (Continued from Page 2, Col. 3)

addition, these groups frequently seize on any

controversial subject from fluoridation of drink-

ing water to "police brutality" in order to promote

their nefarious schemes.

Membership in one or more of such organiza-

tions is another danger signal. It is to be noted ~

that many of these groups spring up spontane-

ously and go out of business after a comparatively

short time only to make room for others.

7. CONCLUSION

A study such as this can lead to only one certain

conclusion: There is no sure-fire way of spotting

a Communist. Certain criteria, some of which

were discussed above, provide clues in determining

an individual's political leanings. They never pro-

vide proof. :

In attempting to find the answer to the ques-

tion: "Is this man a Communist?" a checklist

such as this can prove helpful, although in itself

it cannot provide the answer: .

Does the individual use unusual language?

("Communist Language'') |

Does he stubbornly cling to Marxist ideals with-

out being willing to question them?

Does he condemn our American institutions

and praise those of Communist countries?

_ Does he pick on any, even the most insignificant

occurrences in this country for his criticism?

Is: he secretive about certain of his contacts?

Does he belong to groups exploiting controver-

sial subjects?

Above all, the approach to the problem of dis-

covering Communists must be detached and com-

pletely free from prejudice. Using some of the

clues mentioned in thig study in connection with a

factual approach provides the best system at pres-

ent of spotting a Communist.

Page 4 -

AMERICAN CIVIL LIBERTIES UNION-NEWS

JUNE, 1955

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

HRNEIST BHSIG) oe Editor

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

Post Office at San Francisco, California,

under the Act of March 3, 1879.

Fifteen Cents per Copy

Passport And Visa

Test Suits To Be Filed

(Continued from Page 1, Col. 3)

and who wanted to waive protection of the U. S.

- government during her mission; George W. Shep-

hard, Jr., who wanted as a private citizen to help

with an agrarian program in British-controlled

Uganda; and Sid Lens, director of an American

Federation of Labor local, who denied State De-

partment's charges that he made disparaging re-

marks about the United States while abroad but

who has received no chance to defend himself. -

Dr. Kamen, one of the men the ACLU will seek

to support with a friend of the court brief, was

denied a passport on the ground of Communist

associations and of allegedly furnishing certain

classified information to Soviet officials. No evi-

dence supporting the charges was presented at a

hearing before the Passport Appeals Board. Dr.

Kamen thus was unable to defend himself through

cross-examination of his accusers. The: second

man the Union will attempt to aid with an amicus

curiae brief is Max Shachtman, who was refused

a passport solely on the grounds of his active

officership in the Independent Socialist League, a

violently anti-Stalinist group. The Attorney Gen-

eral has listed it as a Communist and subversive.

organization but has not granted it a hearing on

these charges.

No Hearing For Anti-Communist :

_ Shachtman's case points up one charge in the

ACLU memorandum: that criteria established by

the State Department in September, 1952, after

an adverse Federal Court ruling in the Bauer case,

applied only,to persons accused of being Commu-.

nists, not to other types of persons. ACLU con-

tends that these regulations additionally are vague

and do not comply with the Court's decision that

the Department cannot deny or revoke a pass-

port without advising the person affected of rea-

sons for its actions and without granting him a

hearing, at which it would employ clearly defined

standards set down in advance. Use of evidence

against persoris seeking passports that is not sub-

ject to cross-examination not only violates the

State Department's own rules, but the Fifth

Amendment as well, the Union claimed.

Lack of uniform and fair standards governing

the granting of visas also drew protests from the

Union.

Visa Procedures Condemned -

"We believe that if civil liberties are to be pre-

served at home and America's reputation for free-

dom is to be preserved abroad, both clear and.

reasonable criteria must be laid down and appro-

priate procedures established in the issuance of

visas,' ACLU said in its memorandum. `At the

present time, immigration visas have been denied

for reasons bordering on the ridiculous, or on

- secret grounds, and procedures for full review of

the denial of visas are completely absent."'

It recommended that the State Department

seek a change in the law relating to visas and in

the meantime set up formal review procedures for

rendering advisory opinions, pending the granting

by Congress of authority to the Department to

reverse decisions of consular officials abroad.

NOTE

GRAND INQUEST, the Story of Congressional

- Investigations; by Telford Taylor. Simon and

Schuster, 1955, 359 Pages. $4.50.

In colorful, popular style, attorney Telford

Taylor has put together for laymen and lawyers

alike, a complete analysis of the history and

present state of the powers of Congressional in-

vestigating committees, with special emphasis on

what he calls the "crisis of confidence" aroused

by the "cold civil war."

The major issue of these powers, discussed with

particular-relevance to the First and Fifth Amend-

ments, is their "capture for political exploitation

by the extreme right" in loyalty and security

cases; for punishment not law-making.

The book is an enlightening and readable treat-

ment of controversial issues, for it covers the

wide reaches not only of law but of history and

political science. Mr. Taylor appraises the abuses

of Congressional power in the light of the Bill of

Rights, the liberties of citizens, and our constitu-

tional structure.

Challenge FCC Political .

Test for Licensees

The power of the Federal Communications

Commission to exact a loyalty oath as a qualifi-

cation for a radio operator's license is being chal-

lenged by a local radio repairman in an important

test case handled by the Northern California

ACLU. Involved is an Oakland radio repairman

who holds a. commercial radio operator's license

and who needs the license in order to retain his

job of installing and maintaining two-way radio

equipment in taxicabs and tugboats.

Since June 1954 the FCC has held hearings on

a proposed new regulation requiring non-commu-

nist affidavits from 800,000 amateur and com-

mercial radio operators. Even in the absence of

such a regulation the FCC has refused to renew

the Oakland operator's license (held since 1949)

unless he answers a series of questions as to past

or present membership in the Communist Party

or any group advocating the forceful overthrow

of the government. The FCC takes the position

that, even without the adoption of the proposed

rule, it has the authority to exact answers to such

questions under its broad authority to regulate,

"as public convenience, interest, or necessity re-

quires,' and to issue licenses only to those indivi-

duals, "the Commission find qualified." There are

no more definite standards set forth in the Fed-

eral Communications Act or in any of the regu-

lations now in force. (c) 0x00B0

At the request of the local ACLU, the Union's

national office filed a protest with the FCC. The

federal agency held to its position, so local ACLU

staff counsel Lawrence Speiser, on behalf of the

Oakland man, requested a hearing in San Fran-

cisco. The FCC acceded to the request, and a hear-

ing was held on May 2, 1955 before J. D. Bond,

an FCC hearing examiner, who was sent out from (c)

Washington to hear the case.

`At the hearing, attorneys for the FCC, Assis-

tant General Counsel, Richard Solomon and John

H. McAllister, stipulated that. the FCC had no

information that the applicant had ever violated

any rules of the FCC and that no complaints had

been received against him. They also stipulated

that the questionnaire sent to him was not gen-

erally sent to all applicants. They refused to

divulge the reason why he was selected, but it is

believed that his refusal to answer similar ques-

tions of a State Un-American Activities Commit-

tee may have had something to do with this mat-

ter. The Commission's attorneys admitted, how-

ever, that the current case has been initiated and

developed by them as a test of the Commission's

authority. No similar case is pending anywhere

else in the country.

ACLU Answers Summerfield's

Statement on Censorship

In a letter to Postmaster General Arthur E.

Summerfield, the ACLU has replied to the latter's

charge that certain organizations "produce an

almost inevitable cry of `censorship'... and con-

fuse license with liberty" when the post office

seeks to keep obscene material from the mails.

The letter defends the ACLU's right to "inform

the public of the threat to freedom that .. . cen-

sorship represents," and reaffirms the ACLU's

opposition to any government action that would

weaken the freedom of expression guaranteed by

the First Amendment.

At the same time it makes clear that the

ACLU's efforts have not embraced defense of

obscenity. It says, "On numerous occasions we

have asserted the right of the community to pro-

tect itself from such material by criminal prose-

cutions under obscenity laws." Asserting that it

does not confuse license with liberty, the ACLU

states that where a clear and present danger

exists from the publication of written or spoken

material and there is no time for counter-argu-

ment or other means available to handle the dan-

ger the ACLU does not oppose curbs on such ex-

pression.

However, the ACLU criticized the Post Office

Department's use of pre-censorship. "The power

of government to deal with obscene material

should not be confused with the power to deter-

mine arbitrarily what reading material shall reach

the American people-the power of pre-censor-

ship where the safeguards of a jury trial are com-

pletely lacking," it asserts.

The letter reminds the Postmaster General that -

the ACLU's opposition to Post Office censorship

is based, ``on a long history of dispute with the

department over its power to decide what reading

material the American people should be allowed

to read. We express our concern about censorship

because that is precisely what the Department

has done in a number of cases where the charge

of obscenity was raised." It cites the ban on the

mailing of Esquire Magazine, reversed by the U.

S. Supreme Court, and the Department's recent

fiasco involving the Greek classic Lysistrata to

prove the importance of vigilance over the Post

Office's activities.

subject,

ACLU Reports ROTC |

Loyalty Oath Victory

A major victory in the campaign against gov-

ernment-imposed loyalty oaths was reported last

month by the American Civil Liberties Union.

The Union released a` letter from the Depart-

ment of Defense stating that the Department had -

rescinded an oath for college students enrolled

in basic training courses of the Reserve Officers -

Training Corps. The oath required the ROTC en-

rollee to certify that he is not a member of any

organization listed by the Attorney General as

"subversive," that he did not attend any meeting ~

or social activity sponsored by these organiza-

tions, or distribute the groups' literature, or give

them any other form of aid.

Union Protested Oath

The Union protested the oath in a letter to

Secretary of Defense Charles E. Wilson on March .

25, asserting that under the regulations a student

listing the proscribed associations could not be

formally enrolled in the ROTC program but could

only participate on an informal basis, without

being permitted to march in uniform or to borrow

the necessary textbooks and drill equipment.

_Pointing out that in many states universities

and colleges which receive federal land grants

must require students to take the basic two-year

ROTC course, the ACLU letter had stated that the

loyalty oath forces the student "to choose his

associations, the speakers he wishes to listen to,

the literature he wishes to distribute, at the pen-

alty of being expelled from the university if his

choices do not meet with the approval of the De-

fense Department." The oath presented a danger

both to education and to democracy, the ACLU

had said, by giving the government control of

"education and ideas and associations without

that control having any reasonable relationship

to national security."

Positive Oath Adopted

The Defense Department's reply came from

Rear Admiral J. M. Will, Director of Personnel

Policy, on April 5. Admiral Will wrote that the

Department had just completed a "thorough re-

evaluation of our policies" on the loyalty oath -

"and have concluded that we could

greatly improve our method of administering the

law by adopting a positive loyalty oath for basic

students in lieu of the present certificate. We have

issued instructions to the military departments to

implement these findings." In its March 25 letter,

the ACLU had stated that the purpose of Public

Law 458, which covers candidates for ROTC train-

ing, could be met by a simple affirmative oath. _

The new oath for basic ROTC students reads

as follow: "I do solemnly swear (or affirm) that

I will support and defend the Constitution of the

United States against all enemies, foreign or do-

`mestic; that I will bear true faith and allegiance

to the same; and that I take this obligation freely,

without any mental reservation or purpose of

evasion; so help me God."

No Change For Advanced Students

Admiral Will stated that the original oath, em-

bracing organizational membership and associa-

tion, would be continued for the advanced ROTC

. Students "of the Army and Air Force and to Naval

ROTC students, as candidates for commissions in

the Armed Forces."

In a letter sent to Admiral Will expressing the

Union's gratitude for the elimination of the broad

oath for the basic ROTC students, the Union said:

"The retention of form DD98, which is the basic

loyalty oath required for all members of the

Armed Forces, as applied to the advanced ROTC

students, is now under study by our organization,

in line with its review of general problems affect-

ing civil liberties growing out of the Armed Forces

security program."

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