vol. 26, no. 3
Primary tabs
American
Civil Liberties
Union
Velma OI
San Francisco, March, 1961 Number 3
California Legislature = : : Seniinar
oe : ' , Ps. | 1 =
Survey of iS Registrants
Affecting |
Civil Liberties.
Red-hunting bills have been introduced in the 1961 ses-
sion of the California Legislature that is also noteworthy for
proposed repressive measures in the areas of search and
seizure and censorship. The red-hunting is in marked con-
trast with the 1959 Legislatur
affecting civil liberties was made
at this same time two years ago, -
not one red-hunting bill could be
found among the first 1900 bills
introduced. Today, seven red-
hunting bills appear among the
first 2400 introduced.
Red-Hunt Leaders
`The leaders in the red-hunting
business are Assemblymen Louis
Francis of San Mateo and Frank
Luckel of San Diego, together
with Sen. John F, Thompson of
San Jose. This gives a disquieting
partisan aspect to `the red-
hunting, since all of the leaders
are Republicans, It follows a pat-
tern that has been noticeable in
Northern California during the
past seven or eight months with
some Republican politicians sup-:
porting "Operation Abolitions
and the House Committee on Un-
Ameriean Activities,
Lechner Resolution
While Communism is again fast
becoming a political issue, there
-is only an outside chance that any
of the pending red-hunting
measures will be enacted into
law. The attitude of the Assembly
is reflected in its refusal to adopt
a resolution commending "Dr."
John R, Lechner, who recently
revived his red-hunting American-
ism Educational League in Los
Angeles, Lechner's great and
good friend, Assemblyman Louis
Francis of San Mateo, had used
`Lechner to perform a- vicious
Communist smear on his Demo-
cratic opponent in the last elec-
tion, and Francis paid off by
introducing the resolution com-
mending him.
Rejected In Committee
Ordinarily, such resolutions are
given perfunctory approval, but
this one was sent back to the
Rules Committee by a vote of
53 to 19 for further consideration.
In a crowded hearing room, the
-Committee rejected the resolu-
tion by a vote of 3 to 2 after
hearing representatives of the
Japanese American Citizens
League condemn Lechner as a
rabble-rousing racist who had
gone around the country during
the last war attacking the Nisei
as disloyal. Francis said he
hoped the resolution would be
adopted in time for a testimonial
dinner to be given for Lechner
on February 22, He claimed op-
position to the resolution was
fostered by the ACLU, which he
described as "left wing."
Red Hunting Bills
The red-hunting bills are as
follows: 5
A. B. 1263, by Francis, would
amend a provision of the Elec-
tions Code barring gg@oups from
participating in direct primary
elections which advocate the
overthrow of the government by
unlawful means by specifically
naming the Communist Party.
A. C. A. 38, also by Francis,
would deny tax exemption and
the right toe hold or run for
public office te members of the
Communist Party and other
groups advocating violent over-
throw of the government.
A third bill by Francis, A. B.
80, would re-establish the tax
e. When a survey of measures
exemption loyalty, oath, outlawed
in the Speiser case, but provide
for a hearing before such exemp-
tion is denied. :
Civic Center Act
A. B, 1559, by Francis, seeks to
overcome the recent decision of
the State Supreme Court outlaw-
ing the loyalty oath required for -
use of school houses as meeting
places. This proposal would re-
quire an applicant `to swear that
no criminal activity is planned,
including violation of the State's
criminal syndicalism law, which
prohibits advocacy of the violent
overthrow of the government.
Sen. John F. Thompson has intro-
duced a similar bill in the Senate,
S.B. 706... e
Assemblyman Lickel has also
introduced a bill to amend the
Civic Center Act, A. B. 22, which
provides that a permit for use
-Continued on Page 4
[Sacramento
ACLU Chapter
Meets Mar. 21
The Sacramento Area Chap-
ter of the ACLU of Northern
California will show the film
"Operation Abolition" -at the
Stanford Junior High School
at Sacramento Boulevard and
10th Avenue, Sacramento, at
8 p.m. on March 21, :
- State Senator Albert S.
Rodda, Jr., as guest speaker,
will set the tone and context
of the program in introductory
remarks on civil liberties ques-
tions.. :
_ The film showing will be fol-
lowed by a critical evaluation
by graduate students of the
University of California at
Berkeley, e
The public is invited to this
first public program of the
newly organized chapter.
Piease Note
No receipts for advance regis-
tration fees willbe sent to
registrants for the HUAC sem-
inar. On March 11, the day of
the sessions, each registrant will
`receive a registration card and
ticket for lunch (if it was
ordered),
Ban On Leaflet
Distribution.
Removed At U.C.
President Clark Kerr of the
University of California last
month modified his "Regulation
on the Use of University Facili-
ties" by permitting the distribu-
tion of literature. The old regu-
lation, opposed by the ACLU,
provided that "no literature may
be distributed free or sold in
connection with meetings or .
events without permission ob-
tained in advance." 5
Amended Regulation
The amended regulation now
reads: "Posters, circulars, hand-
bills, newspapers, magazines,
documents, and pamphlets may
be posted, distributed and ex-
hibited upon any of the grounds
and in any buildings of a cam-
pus, or other facility of the Uni-
versity of California in accord-
ance with the rules promulgated
by the Chief Campus Officer or
Officer in Charge.
"Such rules shall permit Uni-
versity personnel .and students
to post, distribute, and exhibit
non-commercial literature in
areas of the campus, or facility,
Where and at all times, when
such posting, distribution and ex-
hibition shall not interfere with
the orderly administration of
University affairs or interrupt
the free flow of traffic."
Test Suit Pending
In explaining his modification
of the Regulation, Kerr said he
was prompted to make the.
change by "our current program
of decentralization ... and the
recent inception of a law suit in
Los Angeles concerning this
problem... ." ;
The suit referred to (Peck vs.
The Regents) was filed by the
Southern California branch of
the ACLU which contended that
the old regulation of leaflet
distribution violated the First
and Fourteenth Amendments to
the Federal Constitution.
Berkeley City Council
Discards Test Oath
On February 21, the Berkeley City Council unanimously
but reluctantly repealed a test oath required of applicants
for the use of public park buildings. The action was taken on
the recommendation of City Attorney Robert Anderson and
City Manager John Phillips.
In consequence of the Coun-
cil's action, The Walden Founda-
tion, a non-profit educational cor-
poration which operates a school
at 2619 Parker Street, will be
able to use the Live Oak Recrea-
tion Center on. March 18 for.
a dance-drama production with-
out signing a test oath.
Its application for the facilities
`was formally denied last January
9 in a letter to Denny Wilcher,
Chairman of the school's board,
by Gene Saalwaechter, Director
of Recreation and Parks. "Your
failure to sign the permit form,"
said the letter, "leaves me no
other choice at present but to
deny permit usage of the facil-
ity."
The ACLU's Staff Counsel,
Marshall W. Krause, had earlier
complained to the Council that
the test oath was unconstitutional
and, at his request, the matter
was referred to the City Attorney
for an opinion. It was then
agreed between the attorneys to
await the decision of the State
Supreme Court in the Civie Cen-
ter Act test oath case. When that
oath was held unconstitutional
as an act of prior censorship, the
City Attorney had no choice but
to recommend repeal of the
Berkeley oath.
The discarded test oath reads
as follows:
"And-do hereby promise and
swear that nothing done or said
in the meeting to be held in this
building on the day or days
designated above will be subver-
sive to the Constitution of the
United States of America-and I
(we) further pledge my (our)
allegiance to the United States
of America."
ACLU Meeting in S. F.
Sat.,
Staffed by almost one hundred distinguished citizens and
attended by a capacity audience, the American Civil Liberties
Union of Northern California will present a seminar on the
House Un-American Activities Committee on Saturday, March
11, at the Marina Junior High School, Fillmore and Chestnut
streets, San Francisco, from 9
a.m. to 5 p.m.
- Pressing Questions Asked
Since last May's demonstration
against the HUAC at the San
Francisco City Hall and with the
subsequent production and wide
showing of "Operation Aboli-
tion,' increasing numbers of
persons are raising more and
more pressing questions about
the House Un-American Activi-
ties Committee.
Clear evidence of this mount-
ing public concern is reflected in
the response of the press, radio
and other communications media,
as well as public officials, during
the intervening ten months.
Symptoms of a full-scale national
controversy crop up in HUAC
ROTC Foe
Appeals His
"F' Grade
James L. Creighton, who re-
ceived an "EF" in ROTC after
picketing against ROTC, has
asked the Academic Senate to re-
view his grade. His petition
charges 1. That the grade was not
based on his academic perform-
ance in the course; 2, That the
standards for passing the course
are not comp itible with academic
Treedoii, aig; 3. That the-srade
is a punitive measure but does
not meet the requirement for
punitive grades given in Presi-
dent's Regulation No. 25. Under
this regulation, instructors may
punish failure to adhere to "ac-
ceptable standards of personal
conduct by "personal reprimand,
change of grade, assignment of
additional work, or re-examina-
tion."
"Counter-Measures"
Before the picketing took place,
Col. T. J. Malloy, head of the
University's ROTC program, de-
clared, "If any uniformed cadets
should take part in the picketing
they might find it difficult to
pass the course." In a letter from
the Pentagon, the Army ex-
pressed concern to the ACLU
- over campaigns for voluntary
ROTC. "Accordingly," said the
letter, "we must on some occa-
sions adopt counter-measures and
make our position very clear con--
cerning this program which we
consider so vital to our national
defense."
In the meantime, Col, Malloy
is quoted as saying that Creighton
should consider himself lucky
not to have been arrested by mil-
itary authorities for violation of
federal regulations, Col. Malloy
also expressed the view that
Creighton's "improper conduct"
was ground for expulsion from
the university. He also indicated
that he had ordered Creighton's
instructor, Major Howard H.
Mann to give Creighton an "F."
Appeal Procedure Uncertain
The ACLU has been in touch
with the Chancellor's office, the
Secretary of the Academic Sen-
ate and the Chairman of the
Academic Freedom Committee of
the Senate in Creighton's behalf.
Ordinarily, the Academic Senate
would not meet until sometime in
May, but a special meeting could
be called. At this point, no one
seems to know how Creighton's
petition will be handled. It is ex-
pected that the final. decision will
be made by Prof. Kenneth S.
Pitzer, Vice-Chairman of the
Berkeley Section of the Academic
Senate.
A recent rally on campus op-
posing Col. Malloy's ruling at-
tracted about 400 students.
coverage and discussions. People"
seem to be taking sides with
more heat than understanding of
the basic issues involved. Con-
sidered answers calls for techni-
cal information most people do
not have at their fingertips.
Full Day's Seminar
To provide that body of knowl.
edge, the ACLU of Northern
California is offering the public
(not just ACLU members) a full
day's seminar-for study of the
legal, governmental and social
ramifications needed for a sound
evaluation of HUAC's role -and
practices.
Leading Authorities
Leading Authorities gathered
from the Bay Area's law schools,
social science and_philosophy de-
partments, legal profession and |
civic agencies are forming the
faculty for a day. The morning
session will open with a panel
discussion by John Henry Merry-
man, law librarian and associate
professor of law at Stanford
University, I. Michael Hay-
man, professor of law at the Uni-
versity of California, and Lewis :
'Sherman, Republican. candidate
for Congress in the 7th Con-
gressional District in last year's
election and member of the law
firm of Sherman and Kilbourne.
Professor Heyman will analyse
HUAC's historical and legal
backg.0und, Professor Merry-
man will provide a critical evalua-
tion, presenting the positions for
both procedural reforms and
abolition, Mr. Sherman will round
out the viewpoints with an ex-
amination of the reasons for
supporting HUAC in its role
and work, Rey. Harry B. Schole-
field, minister of the First
Unitarian Church, will act as
moderator, Panel presentations
will cover the historic and
legal background to HUAC's de-
velopment, with critical analysis
encompassing the full spectrum
of opinion - pro, con and in-
between.
Five Discussion Groups
The seminar's afternoon ses-.
sion consists of five different
discussion groups on: (1) Con-
gressional Power of Inquiry; (2)
Fair Procedures and the HUAC:
(3) "Duty" to Testify: as against
"Right" not to Testify; (4)
HUAC and the "Free Market
Place of Ideas" and (5) "Opera-
tion Abolition" Film, Resource
persons listed in the respective
discussion groups are: Kenneth
Arrow, professor of economics at
Stanford University; Albert Ben-
dich, lecturer in speech at UC;
Abe Berry, attorney; Philip Bur-
ton, State Assemblyman; Hartley
Fleischmann, attorney; John
Gorfinkel, dean of the Golden
Gate Law School; Marshall W.
Krause, staff counsel of the
ACLU; Howard Taubenfeld,
professor of law at Golden Gate
-Continued on Page 3
im This Issue...
Appropriations for New
Cross Challenged ..... p. 4
Ban Segregation in Bus
Terminal Restaurants ...p. 3
Court Rules Nazi Rockwell
_ May Speak in Park ..... p. 2
Mayor Duped in Endorsing
Propaganda Film ....... p. 3
Pre-Censorship of Films
Upheld by High Court. . .p. 2
. Prescription No Bar to Nar-
cotics Arrest in S.F......p. 2
4
AMERICAN CIVIL LIBERTIES UNION NEWS
Published by the American Civil Liberties Union of Northern California
Second Class mail privileges authorized at San Francisco, Calif.
ERNEST BESIG. . . Editor
_ 503.Market Street, San Francisco 5, California, EXbrook 2-4692
Subscription Rates-Two Dollars a Year
Twenty. Cents Per Copy .
Philip Adams
Theodore Baer
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Howard Friedman
Rey. Oscar F. Green
Zora Cheever Gross
Robert H. Hardgrove
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Prof. Seaton W. Manning
Honorary Treasurer:
Joseph M. Thompson
Honorary Board Member:
Sara Bard Field
Mrs. Gladys Brown
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Morse Erskine
Dr. H. H. Fisher
Mrs, Margaret C. Hayes
Prof. Ernest Hilgard
Mrs. Paul Holmer
Mrs. Mary Hutchinson
Richard Johnston
Roger Kent
Mrs. Ruth Kingham
. Board of Director of the American Civil Liberties Union
of Northern California
CHAIRMAN: Rabbi Alvin 1. Fine
VICE-CHAIRMEN: Dr. Alexander Meiklejohn, Helen Salz
SECRETARY-TREASURER: John W. Fowle
- EXECUTIVE DIRECTOR: Ernest Besig
Committee of Sponsors
Prof. Van D. Kennedy
John R. May
Lloyd L. Morain
Prof. Charles Muscatine
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Rev. Harry B. Scholefield
Mrs. Alec Skolnick
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Gregory S. Stout
Donald Vial
Harold Winkler
GENERAL COUNSEL .
Wayne M. Collins
Prof. Theodore Kreps -
Prof. Carlo Lastrucci
Norman Lezin
Prof. John Henry Merryman
Hon. Clem Miller
Rev. Robert W. Moon
Dr. Marvin J. Naman
Prof. Hubert Phillips
Prof. Wilson Record
Dr. Norman Reider
Prof. Wallace Stegner
Mrs. Theodosia Stewart
Mrs. Kathleen D. Tolman :
Rt. Rev. Sumner Walters .
Stanley Weigel
Franklin H. Williams
Right of Protest
The right a college. student to demonstrate peacefully
against the COUIDUISORY, aspect of ROTC would seem self-
evident.
The student may be dead wrong. He may be misled or
badly advised. He may be a zealot, or simply a youthful rebel.
And it so happens, in the case at hand, that the student holds
some political views we don't share. But none of this -
ishes his right of peaceful protest.
When, therefore, the ROTC command at the University of
California in Berkeley gave a failing grade to James Creigh-
ton because he led such a protest, it both violated his rights
and laid itself open to the charge that it is as extremist in its
- fashion as is the youth. "
The ROTC command gave the impression it applied the
severe penalty only because the student wore his ROTC
uniform during the demonstration. That won't stand. up.
ROTC students take no oath. They are not subject to military
discipline? They are students, not soldiers, and are entitled
to be treated as students. This includes grading according to
classroom performance, not according to a military code or
to views expressed elsewhere.
The conclusion is inescapable that the ROTC command
used punishment as a weapon for fighting the student move-
ment against compulsory ROTC. And that is exactly the
wrong way to go about it. College students are won by ap-
peals to reason, not by unfair punishment or arbitrary com-
mand.-sS.F. Examiner, Feb. 16, 1961..
a Letters to the Editor -
ROTC Picketing
Editor:
As a member of the ACLU, I
should like to register a strong
protest of `the position our
- chapter has taken regarding the
ROTC picketing by students in
uniform.
It seems to me that it is a basic
principle, inherent in our social
structure and in our Constitution,
that the right to picket does not.
extend to those in the uniform
of an organization intimately al-
lied to the Armed Forces of the
United States. To permit and
condone such uniformed picket-
ing would be inconsistent with -
the fundamental function of our
Armed Forces: To preserve, pro-
tect and defend the Nation. Ar-
ticle I, Sec. 8. Sub. 14 to 16 of
the Constitution of the United
States enumerates the powers of
Congress with respect to land
and naval forces and the militia.
The word discipline appears
twice in subsection 16, one of
these refers specifically to "train-
ing of the militia according to
the discipline prescribed by Con-
ACLU NEWS
March, 1961
Page 2
gress." In other words, disripline
is totally inconsistent with picket-
ing in uniform, no matter how
justified on other grounds the
picketing might be. One of the
most important aspects of train-
ing involves discipline, without
which no military organization
ean fulfill its role.
If ROTC students want to
picket, they can do so as citizens,
out of uniform. Under these con-
ditions, I should support their
aspirations, because I agree that
better service to our country
might result from. classroom
rather than parade ground activ-
ities. And mathematics is far
more potent than tactics in the
defense of our liberties.
But let us be sure of what we
are defending and let us not frit-
ter away our ACLU influence 6n
ROTC pickets in uniform.
-Elie A. Shneour
Editor's Nete: The ROTC is
not a part of the regular Armed
Forces and no law has made cadets
subject to military discipline.
Cadets could be barred from
picketing in uniform, or any other
activity while wearing the uni-
form, by an apprepiate regulation
of which they were informed.
Prescription No
Bar to Narcotics
Arrest in S.F.
The San Francisco Narcotics
_ Detail is arresting persons for the
possession of narcotics even
though they hold valid prescrip-
- tions for them.
The matter came to the atten-
tion of the ACLU when a com-
giaint was received that Richard
Mogan had been arrested on
February 2nd and charged with
the possession of Methedrine
ampules, nembutal and hypo-
dermic needles. Because of in-
ability to post bail, he was held
in jail until February 15 when
the charges were dismissed. At:
that time, the Public Defender
. presented a letter to the court
saying that a Dr. Elsa F. Bickel
_had given: Mogan a prescription
on January 31.
_This is the third time that
Mogan has been arrested on a
nareotics charge by the San
Francisco police despite having
valid prescriptions. On each oc-
casion,
mately been dismissed.
The police apparently take the
position that the doctor and pa-
tient have conspired to violate
the narcotics laws, Since the
police have no professional capac-
`ity in the field of medicine, it
would seem that the proper thing
for them to do is to complain to
the State Medical Board if they
believe the physician is acting
improperly in issuing narcotics
prescriptions.
The ACLU wrote to District
Attorney Thomas C. Lynch about
the Mogan case and he advised
the ACLU of the dismissal of the
eharges. On February 16, the
ACLU protested to Chief of Po-
lice Thomas Cahill, "On its face,"
said the letter, "the repeated ar-
rest of this man appears to be a
matter of harassment." The
ACLU requested that the case be
investigated and that it be ad-
vised of the results of the investi-
gation. Thus far, no response has
been received,
The ACLU has been informed
that the Narcotics Detail harasses
many other people in the same
manner, and that Municipal
Judge Harold: Jackson Eyman
spports the police by refusing to
dismiss charges when he is in-
formed that the defendant has a
valid prescription. The matter is
then taken out of his court by a
request for a jury trial and the
trial judge finally dismisses the
charges. :
The ACLU is also investigating
claims that doctors who furnish
the prescriptions are being har-
assed by members of the Nar-
cotics Detail.
Court Rules Nazi
Rockwell May .
Speak In Park
The Appellate Division of the
Supreme Court of New York, by
at vote of 4 to 1, last month up-
held the right of George L. Rock-
well, head of the American
Fascist Party, to hold a meeting
in Union Square. The decision
-reversed the action of a Supreme
Court Judge who had upheld the
refusal of Park Commissioner
Newbold Morris to grant Rock-
well a permit for a July 4, 1960
meeting.
The majority opinion was oe
ten by Justice Charles Breitel.
"The unpopularity of views, their
shocking quality, their obnoxious-
ness and even their alarming im-
pact is not enough," said Justice
Breitel. "Otherwise the preacher
of any strange doctrine could be
stopped; the anti-racist himself
could be suppressed .
Justice Breitel added: "If he
does not speak criminally, then,
of course, his right to speak may
not be cut off, no matter how of-
fensive his speech may be to
others."
Mayor Robert Wagner has an-
nounced that the decision will
be appealed to the New York
Court of Appeals, the State's
highest court. ~
the charges have ulti-
_cluded
Blow to Freedom of Expression
Pre-Censorship
Of Films Upheld
3y High Court
Foes of motion picture censorship were jolted on January
23 when the United States Supreme Court, contrary to ex-
pectations, upheld by a 5-4 vote the constitutionality of state
and municipal censor boards. The decision was one of the
high court's most significant free speech rulings in several
years and its impact was expected
to be felt in other areas of com-
~ munication besides films,
Serious Blow
The American Civil Liberties
Union, which for years had
pressed test cases to eliminate
pre-censorship of films, termed -
the decision a "serious blow to
freedom of expression in our
country." The ACLU called on
state legislatures and city coun-
cils throughout the nation not to
"stampede the enactment of new
censorship legislation" as a reac-
tion to the decision. The civil
liberties group pledged to con-
tinue opposition "to all forms of
censorship, in the courts, the
legislatures and the forum of
public opinion."
Ruling Sought
Since 1952 when the Supreme
Court in "The Miracle" case
opinion said that movies are
entitled to the same protection
of the First Amendment as the
press, the high court has been
asked to rule directly on the issue
of prior restraint. The ACLU and
other groups fighting film cen-
sorship were encouraged by the
Court's reversing in the last nine
years bans on several movies
where such vague standards as
"sacriligious," "prejudicial to the
best interests of the city," "im-
moral," "harmful," and "sexual
immorality" were used. Some of
these decisions vigorously refer-
red to the need to maintain the
First Amendment's freedom of
expression, and it was assumed
that the Supreme Court would
eventually strike down the ma-
chinery of government censor-
ship. So clear was this trend that -
a new Pennsylvania Motion
Picture Control Board was held
invalid last summer by the state
court.
Case Involved "Don Juan"
The issue was squarely met
last fall when the Times Film
Corporation, distributors of the
Austrian film, "Don Juan," re-
fused to submit the movie to the
Chicago Police Department for
approval. The Chicago police
must inspect all movies shown in
the city before the necessary per--
mit is granted. When the permit
was denied the Times Film cor-
poration took the case to the
federal courts, on the ground that
prior restraint of any form of
speech, including motion pictures,
violated the First Amendment's
guarantee of free speech. The
lower federal courts rejected the
appeal and. the Supreme Court
accepted review.
Liberty of Speech Not Absolute |
The Court's five-man majority
opinion, written by Justice Clark
and concurred in by Justices
Frankfurter, Harlan, Stewart and
Whittaker, said the `central ques-
tion before the court was whether
"the ambit of constitutional pro-
tection includes complete and
absolute freedom to exhibit at
least once, any and every kind of
motion picture.... We have con-
that... Chicago's ordi-
nance requiring the submission
of films prior to their public
exhibition is not...void on its
face." The majority opinion
stressed that "liberty of speech is
not absolute" and cited several
Supreme Court opinions which,
in its interpretation, prove that
not "all previous restraints on
speech are invalid.' The five
justices noted that the issue in
the present case is Chicago's con-
cern to "protect its people against
the dangers of obscenity in the
public exhibition of motion pic-
tures" and that the attack on
prior restraint could not justify
the Court's saying that the "State
is stripped of all constitutional
power to prevent, in the most
`effective fashion, the utterance
of such speech. It is not for this
Court to limit the State in its
selection of the remedy it deems
most effective to cope with such
a problem, absent, of course, a
showing of unreasonable stricture
"on individual liberty resulting
from its application in particular -
circumstances."
' Standards Not In Issue
Making clear its focus on the
prior restraint issue, the majority
opinion said that the decision did
not mean that city officials could
bar "any motion picture they
deem unworthy of a license.' It
concluded that it' was not decid-
ing on the particular standards |
used by the Chicago police and
that "we are meres only with
motion pictures. .
Two dissenting opinions were
written, One by Chief Justice
Warren for himself and Justices
Black, Douglas and Brennan, and
`one by Justice Douglas, con-
curred in by Justice Black and
Chief Justice Warren,
Free Speech Threatened
In his hard-hitting dissent,
Chief Justice Warren pointed to
the danger of the "Don Juan"
decision embracing other forms
of communication. He said: "To
me, this case clearly presents the
question of our approval of un-
limited censorship of motion pic-
tures before exhibition through a
system of administrative licens-
ing. Moreover, the decision pre-
sents a real danger of eventual
censorship for every form of com-
munication be it newspapers,
journals, books, magazines, tele-
vision, radio or public speeches.
The Court purports to leave these
questions for another day, but
I am aware of no constitutional
principle which permits us to
hold that the communication of
ideas through one medium may
be censored while other media
are immune, Of course each
medium presents its own peculiar
problems, but they are not of the
`kind that would authorize the
censorship of one form of com-
munication and not the others. I
submit that in arriving at its
decision the Court has interpreted
our cases contrary to the inten-
tion at the time of their rendi-
tion, and, in exalting the censor
of motion pictures, has endan-
gered the First and Fourteenth
Amendment rights of all others
engaged in the dissemination of
ideas."
Limitation The Exception
Justice Warren agreed that the
Supreme Court in the past had
properly held that free speech
was not absolute, but, he added,
"licensing or censorship was not,
at any point, considered within
the `exceptional cases' discussed
in the opinion in Near.... And,
only a few terms ago, the Court,
speaking through Mr. Justice
Frankfurter, in Kingsley Books,
Inc., v. Brown, reaffirmed that
`the limitation is the exception;
it is to be closely confined so as
to precludg what may fairly be
deemed liceuronsing or censorship.' ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch ACLUN_1961 ACLUN_1961.MODS ACLUN_1961.batch ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log
_ Prior Decisions Discussed (c)
The Warren dissent discussed a
wide range of Supreme Court de-
cisions which have barred prior
restraint in other forms of com-
munication. In addition to the
Near case which covered news-
papers that published "malicious,
scandalous or defamatory" mate-
rial, these cases were cited:
Grosjean (license tax on news-
-Continued on Page 3
' asked me _ to
a
"Operation Abolition"
Mayor
in
juped
1 Endorsing
ropaganda Film
In an open letter, the American Civil Liberties Union of
Northern California last month
protested Mayor George
Christopher's endorsement of the film "Operation Abolition."
"It seems to us," said the letter, "that you and your office
have been exploited to help perpetuate a giant and malicious
fraud." The ACLU urged the
Mayor to "publicly withdraw" his
"support of the film and warn
the public that it is nothing less
than a slick propaganda job."
Endorsement Made On Radio
The Mayor's endorsement was
made on the Fulton Lewis,. Jr.
radio program at the request of
Fulton Lewis III, the commenta-
tor's son and an employe of the
House Committee on Un-Amer-
ican Activities. The Mayor de-
elared, "The pictures speak for
themselves. They are true-they
are authentic-they tell the real
story-and, of course, they are
most unfortunate, to `say the
least."
After he was criticized by
various organizations, the Mayor
back-tracked and said: only the
pictures were authentic. As for
the commentary, "It's merely
some person's opinion of eet
happened." .
Text of Letter
-The complete text of the
ACLU's letter, signed by Ernest
Besig, Executive Director, fol-
lows:
Our board of directors "has
protest most
strongly your recent comments in
support of the propaganda film
"Operation Abolition," on Fulton
Lewis Jr.'s radio program. It
seems to us that you and your of-
fice have been exploited to help
perpetuate a giant and palicions
fraud.
We do not quarrel with your
disapproval of the disorderly. con-
duct that occurred within the
City Hall, both inside and outside
the hearing room. But we do take
issue with unsupported state-
ments that "Known Communists
were in the lead of this dem-
onstration," "that the students
were "prompted. by profession-
als,' and "were dupes," and that
the film is "authentic."
Evil Compounded
You must know that the film
suffers from grave inaccuracies
and distortions, Unfortunately,
your radio statement and sub-
sequent clarification merely com-
pound the evil. The taped record
does not support your claims that
"the people outside the chambers
were ordered to move outside the
building," and that the hosing
occurred "When some of them
challenged the policemen."
Putting On An Act"
We suggest that some subpoe-
naed Communists, supported by
their relatives and friends, and
the Committee, encouraged by its
supporters-the white card hold-
ers, were both "putting on an
act" in the chambers and that the
spectacle becatne a substantial
part of "Operation Abolition." It
is difficult for us to believe that
the Committee, with the assist-
ance of the police could not have
controlled the _ situation by
prompt and firm action both
within and without the chambers,
and without finally resorting to
the hosing. Of course, this would
have curtailed the excitement and
the resulting headlines on which
the Committee feeds, and there
eould then have been no film
"Operation Abolition."
Slick Propaganda Job
Your endorsement, now quali-
fied, has merely served to add
fuel to the nation-wide contro-
versy that has raged over the prop-
aganda film. In this we believe
you have done a disservice both
to yourself and to the City of San
Francisco by helping to perpet-
uate a calumny against this com-
munity and the students.
Dif-
ficult though it may be to repair
the damage that has already been
done by your radio statement, we
urge that, in all justice, you
publicly withdraw yeur now qual-
ified support of the film and
warn the public that it is nothing
less than a slick propaganda job."
Attempt To.
Inspect Sealed.
Mail Defeated
The Post Office Department
last month released a sealed let-
ter to the ACLU after the Berk-
eley Postmaster had refused to
deliver it to the addressee be-
cause someone had stamped on
it, "Supposed to Contain Matter
Prohibited Importation." The
Postmaster had demanded that
the addressee, by January 21,
either authorize"him to open the
letter or that she open it in his
presence, She declined to do
either and appealed to the ACLU
for help.
The ACLU took the position
that it would be an act of cen-
sorship for the Post Office to ex-
amine the contents of the en-
velope unless there was probable
cause to believe that it contained
matter prohibited by law. Neither
the Berkeley Postmaster nor the
Regional Office of the Depart-
ment could offer any reason for
inspecting. the contents of the
letter except the rubber stamped
statement.
When the ACLU said it would
bring court action to secure de-
livery of the letter, the problem
was referred to Richard S. Farr,
Assistant General Counsel, Fraud
and Mailability Division. `In the
instant case," said a leter from
Mr. Farr to the ACLU, `"`we have
obtained and examined the article
. . and we do not feel that, on
`its face, there is sufficient. evi-
dence to hold it up as suspected
mail. Accordingly, it is forwarded
to you herewith to turn over to
your client."
ACLU Lawyers'
Committee Is |
Re-established
The Lawyers' Committee of the
ACLU of Northern California was
re-established on February 28 at
at meeting at the Pig'n Whistle
Cafe in San Francisco. The meet-
ing was called by attorney Wil-
liam K. Coblentz, board member,
and Marshall W. Krause, ACLU.
Staff Counsel. It was addressed
by Charles O'Brien, Chief Assist-
ant Attorney General, whose sub-
ject was "Police Power and In-
dividual Rights."
It is planned to hold regular
luncheon meetings of the Law-
yers' Committee with programs
geared for those concerned with
civil liberties. The members of
the Committee will be invited to
participate in the ACLU's legal
work to the extent they wish to
volunteer their services, The
Committee. will also be called
upon from time to time by the
board for its advice on problems.
At the first meeting, there was
a discussion of possible legal
action resulting from the distri-
bution of the propaganda film,
"Operation Abolution."
If any lawyer belonging to the
ACLU failed to receive a notice
of the February 28 meeting it was
because the ACLU's mailing list
is not up to date. The office
would be happy to add names to
the list. Just call the office or
drop the ACLU a note,
that
Mrs. Roosevelt:
"The American Civil Liber-
ties Union has fought for 40
`years for the rights of all peo-
ple, and I think that on this
40th anniversary it should be
given a word of praise and
perhaps more support than it
has had from all American
citizens in the past. An organ-
ization of this kind is essential
in a country like ours. Where
many different backgrounds
come together, disputes are
bound to arise, and to help us
settle them is one of the con-
tributions an organization of
this type makes."
Ban Segregation
In Bus Terminal
Restaurants
Bus terminal restaurants in the
South can no longer segregate
their inter-state customers or dis-
. eriminate on the basis of color
as the result of a December 5,
Supreme Court decision.
The high court, by a 7-2 vote,
ruled that eating facilities used
by busses engaged in inter-state
_ commerce come within the Inter-
state Commerce Act definition of
"facilities or property operated
or controlled" by the bus com-
pany. The Act forbids inter-state
buslines to "subject any par-
ticular person to any unjust dis-
crimination or any unjust or un-
reasonable prejudice."
Trailways Terminal Involved
The case arose when Bruce
Boynton, a Negro and former
Howard University law student,
took a Trailway bus from Wash-
ington, D. C. to his home in
Selma, Alabama. When the bus
stopped at the Trailways Bus
Terminal in Richmond, Va. for a
forty-minute layover Boynton
went into the restaurant to eat.
Instead of going to the section
reserved for Negroes Boynton
sat in the: white section and
ordered a sandwich and _ tea.
Though refused service Boynton
declined to leave: The police
`were called and he was fined $10
for trespass,
Constitutional Arguments
Ignored
In carrying the case to the
Supreme Court, the National As-
sociation for the Advancement of
Colored People made two con-
stitutional arguments, First, that
Boynton's arrest was an unreason-
able burden on interstate com-
merce and second that it denied
him the equal protection of the
law. In its decision the court
ignored both these far-reaching
arguments and based its decision
on the Interstate Commerce Act
elause put forth by the Justice
Department acting as a- friend of
the court.
Though there was no evidence
the Trailways Company
owned or controlled either the
.terminal or the restaurant, Jus-
tice Black declared in the court's
majority opinion: "Inter-state
passengers have to eat...and
have a right to expect that this
essential transporation food serv-
ice voluntarily provided for them
under such circumstances would
be rendered without discrimina-
tion prohibited by the Inter-state
Commerce Act."
Another Letter
To the Editor
Navy Distributes Film
Editor: The Office of the chief
of Naval Operations, Navy De-
partment, is distributing the film
"Operation Abolition' through
the Naval Districts. I saw it
yesterday at the Naval Supply
Center, Oakland. It was an excel-
lent film in that its propaganda
value contra the Committee
(HUAC) is incaleuable-really
frightening to see those men-
elected members of Congress-
how could it happen?-as well
as hear their paranoid voices. Of
course, the problem of combat-
ting the fifth column type activi-
ties, much more difficult than
out-and-out espionage, is sticky;
but not so sticky as to require the
services of HUAC, I think -
January 14, 1961, A member.
Continued from Page 1-
Law School; Edward L. Barrett,
Jt. professor of law. at. UC;
`Franklyn K. Brann, attorney;
Albert W. Harris and Arlo E.
Smith, deputy attorney generals,.
Bruce Hughes, attorney; Robert.
B. McKay, visiting professor of
law at UC; Kurt Melchdir, at-
torney; Herbert Packer, profes-
sor of law at Stanford University;
Arthur Bierman, professor of.
philosophy at S. F. State Col-
lege, Canon Richard Byfield,
executive assistant to the Bishop,
Episcopal Diocese of California;
Richard Drinnon, professor of
history at-UC; Joseph Genser, at-
torney; Louise Overacker, profes-
sor of political science; Robert
Pickus, executive director of
Acts for Peace; Paul Seabury,
professor of political science at
UC; Joseph Tussman, professor
of philosophy at UC; William
Capron, professor of economics (c)
at Stanford University; Hadley
Roff and Wes Willoughby, re--
porters for the NEWS-CALL
BULLETIN; Ben Rust, high -
e
Pre-Censorship
Of Film Upheld -
Continued from Page Diss:
papers); Hague ~ (permit for
public parade or assembly);
Schneider (license for distribu-
tion of circulars); Cantwell (per-
mission to solicit, for alleged
religious, charitable and philan-
thropic causes); Thomas (card
for labor union organizers to
organize unions); Saia (ban on
/sound trucks); Kunz (permit for
citizens to speak on religious
matters); Staub (permit for
solicitation of members of an
organization which requires dues
payments), The minority opinion
described dozens of examples of -
what censors have banned over.
the years, a revelation which it
called "astonishing."
Injury By Delay
The Warren minority opinion
also pointed out the difficulties:
of challenging the censor's ruling,
such as long-drawn out litigation
which takes years `to settle.
"Vindication by the courts of `The
Miracle' was not had until five
years after the Chicago censor
refused to license it. And then~
the picture was never shown in
Chieago. The (`Don Juan')..
litigation has now consumed al-
most three years. This is the
delay occasioned by the censor;
this is the injury done to the
free communication of ideas." In
many cases, the Warren opinion
said, the exhibitor will not want
to seek judicial relief. "His in-
clination may well be simply to
capitulate rather than initiate a
lengthy and costly litigation. In
such case, the liberty of speech
and the press and the public,
which benefits from the shielding
of that liberty, are in effect at
the mercy of the censor's whim."
Douglas' Dessent
The second minority opinion,
written by Justice Douglas, traced
the long history of censorship
from the time of Socrates to the
present and concluded that
"Whether-as here-city officials
or-as in Russia-a_ political -
party lays claim to the power of
governmental censorship, wheth-
er the pressures are for a con-
formist moral code or-for a con-
formist political ideology, no
such regime is permitted by the
First Amendment." The Douglas
dissent, as did Justice Warren's,
pointed up the absence of due
process safeguards under a sys-
tem of prior restraint. "Under a
censor's regime the weights are
cast against freedom. If, however,
government must proceed against
an illegal publication in a pros-
ecution, then the advantages are
on the other side. All the pro-
tections of the Bill of Rights -
come into play. The presumption
of innocense, the right to jury
trial, proof of guilt beyond a
reasonable doubt-these become
barriers in the path of officials
who want to impose their stand-
ards of morality on the author or
producer. The advantage a censor
enjoys while working as a su-
preme bureaucracy disappear."
LC Seminar
school teacher;
Gregory Stout,
attorney. :
"Operation Abolition"
The discussion group focusing
on the film "Operation Aboli-
tion" will have the benefit of a
number of students who were
eye-witnesses to the City Hall
demonstration. They include:
Richard Chesney, Gary Glenn,
Gerald Gray, Jerry Kitch, Aryay
Lenske, Jerry Mandel, Gene
Savin and Mike Tigar.
Discussion Leaders
The resources of this unusual
faculty will be augmented by
forty civic leaders serving as dis-
cussion leaders and reporters in
the afternoon proceedings. They
include -Marylouise Allen, field
coordinator; Theodore F. Baer,
advertising and public relations;
William Baxter, professor of law,
Stanford University; George
Brunn, attorney; Mrs. Norman
Coliver, program specialist, Asia
Foundation; Lexie Cotton, ad-
ministrative supervisor; Richard
DeLancie, president, Broadview
Research and Development; _
Milen Dempster, U. S. Govern-
ment employee; John Fowle, real
estate; Howard Friedman, archi-
tect; Francis Geddes, minister,
Church of the Fellowship of All
Nations; Aron Gilmartin, minis-
ter, Unitarian Church, Walnut
Creek; Robert Girard, professor
of Law, Stanford University;
Oscar F. Green, minister, Episco- -
pal Church, Palo Alto; Lucy
Hancock, associate secretary,
Friends Committee on Legisla-
tion; Mrs. Carl Hanson, .S. F.
Civic leader; Gerald N. -Hill, at-
torney; Roger Kent, attorney;
Mrs. Noni Lauter, S.F. civie
leader; Henry Lindgren, profes-
sor of psychology, S.F. State Col-
lege; Joseph Kennedy, attorney;
Lawrence Kramer, executive di-
rector, S.F. Heart~ Asociation;
Mrs. Joan MacDonald, civic lead-
er; Seaton W. Manning, profes-
sor of sociology, S.F. State Col-
lege, Ephraim Morgolin, at-
torney and west coast director,
American Jewish Congress;..
Charles Muscatine, professor of
English, University of California; -
Frank Quinn, executive director,
Council. for Civic Unity; Gordon
Robinson, forester; Beverly
Spurgeon, civic leader; Robert
Smith, professor of English, S.F.
State College; Mrs. Barbara
Steiner, attorney; Anselm
Strauss, professor of sociology,
Medical Center, Univ. of Calif.;
Mrs. Nancy Meyer Strawbridge,
administrative assistant to the
Attorney General; Peter Szego,
professor of engineering, Univ.
of Santa Clara; Ward Tabler, lee-
turer, Speech Department, Univ.
of Calif.; Steven Warshaw, promo-
tion director, Univ. of Calif.
Press; Richard Werthimer, at-
torney; Marshall Windmilier
professor of political science,
S.F. State College; Thomas Win- =
nett, publisher, Fybate Notes;
Alfonso J. Zirpoli, attorney and
S.F. county supervisor.
Movie To Be Shown
During lunch there will be a
showing of "Operation Aboli- -
tion" and a playing of "Sounds -
of Protest,' the student answer
to HUAC's film.
In releasing the program,
Rabbi Alvin I. Fine, chairman of
the ACLU Board of Directors,
announced that the ACLU under-
took this seminar "in the firm
conviction that an informed pub-
lic is democracy's main security."
From the full day's course of
study, the persons attending will
have defined values and tools for
examining, evaluating and de-
eiding questions about HUAC. |
Registration Information |
- Enrollment is open to the pub-
lic, but restricted to 800 persons
because of limitations in facili-
ties. Registration fees, including
lunch, are $2.75 for adults and
$1.75 for students; excluding
lunch, $2.00 for adults and $1.00
for students. These fees cover
the costs of running the seminar.
For programs, with registration
forms, contact the ACLU, 503
Market Street, San Francisco 5
(Phone EXbrook 2-4692) -J. H.
ACLU NEWS
March, 1961
Page 3
California Legislative
(R)
Continued from Page 1-
of a school as a meeting place
"shall be automatically canceled
or revoked at any time upon the
finding by" a school board that
the use will furfher the com:
mission of an act intended to
further any movement whose
purpose is to overthrow the
~government by force, violence or
other unlawful means, It would
also empower a school board to .
require "additional affidavits and
declarations," and to "hear and
consider any relevant evidence.
presented by any person or orga-
nization."
The only red-hunting bill intro-
duced by a Democrat made its ap- .
pearance on February 14. It is
S. B. 677 by Sen. Stanford C.
Shaw of Ontario. It provides that
"membership in the Communist
Party, constitutes a cause fordis-
_barment" of an attorney.
Flag Saluting -
Patrioteer Mr. Francis has also
introduced A. B, 292 which pro-
=vides that "In every public el-
ementary and secondary school
at the commencement of the first
class each day during the school
year, the pledge -of allegiance to:
the Flag of the United States of
America shall be given."
Francis Fights Smut
- Not only is Mr. Francis the
prime mover in red-hunting but
he is also the leading fighter of
smut in the Legislature, He has
introduced five different bills
relating to obscene materials.
A, B. 78 is a shot gun bill. It
would re-write the obscenity law -
and re-define its offenses. Any-
~~ one who knowingly possesses
obscene matter may be punished,
and anyone "who possesses more
than three copies of the obseene
material is presumed to have the
' purpose to disseminate unlaw-
fully." The bill also prohibits so-
called "tie-in" sales, It also for-
bids employment of any minor
in connection with the sale or
distribution of obscene matter,
and it establishes a procedure
wherby an injunction can be
secured against preparation or
distribution of obscene matter.
Of course, the injunction proce-
dure means that issues are deter-
mined without a trial by jury.
The four other bills by Francis
are the separate parts of his basic
bill. A. B. 1368 provides penalties
for furnishing obscene material
to minors. A. B. 1369 relates to
the use of minors in transactions
involving obscene matter, A, B.
1370 prohibits tie-in sales of
obscene matter. A. B. 1371 pro-
vides for an injunction against
preparation or distribution of
obscene matter.
Attorney General's Bill
Assemblyman Bert De Lotto of
' Fresno has introduced an "anti-
smut" bill, A. B. 1582, which has
the backing of Attorney General
Stanley Mosk. Among other
things, this measure would re-
quire a retail distributor to in-
spect the material he has for sale
to determine if it is obscene
within the meaning of the law.
_ Finally Assemblyman Glenn E.
Coolidge has introduced A. B. 584,
which is sponsored by the Cali-
fornia Newspaper Publishers As-
sociation. This bill is the one that
is most likely to be adopted. It
provides that it will no longer be
necessary to prove that an
offender acted "lewdly," only
that he acted willfully and
"knowingly."
Searches and Seizures
Serious changes in the law
protecting citizens against un-
reasonable searches and seizures
would result from the adoption
of a series of bills aimed at the
traffic in narcotics. Two of the
bills,A. C. A. 3 and A. C, A, 15,
would amend the State Constitu-
tion to allow the introduction of
evidence of a narcotics offense
even though it was procured un-
lawfully. A, B. 308 attempts to
accomplish the same result with-
out benefit of a constitutional
amendment, while A, B, 242
Page 4
March, 1961
ACLU NEWS
would allow wiretapping by court
order in narcotics cases. A, B.
549 legalizes searches of vehicles
and structures after arrest has
been made. A. B. 208 and S. B. 82
are also reported to legalize
searches for narcotics. Some of
these bills have strong support
and may be adopted by the
Legislature.
Labor Field
In the labor field, two bills
have been introduced to prohibit
public employees from striking.
A, C, A. 23 is a constitutional
amendment, while A .B. 720 im- |
plements the amendment. On the
other hand, Assemblyman Marks
has introduced A. B. 666 to pro-
hibit the growing practice of
requiring employees or applicants
for employment to submit to lie
detector tests.
Criminal Procedure
In the criminal procedure field,
other than narcotics prosecutions,
only one anti-civil liberties bill
has thus far been introduced, it is
A. B. 550 by Sen. Grunsky which
would require a person to be
taken before a magistrate with-
out unnecessary delay only "when
arrested under a warrant of
arrest." He would also modify
the requirement that a person
arrested without a warrant be
brought before a magistrate with-
out "uncessary delay," by provid-
ing that sucli delay "shall be
determined by all circumstances
pertinent to the determination of
the reasonable time within which
to present the arrested person
before a proper magistrate, and
shall not be determined by the
passage of time alone."
Levering Act Repeal
Many bills have been intro-
duced in aid of civil liberties. In
the test oath field, John O'Connell
and 20 other assemblymen have
introduced A. B. 1554 to repeal
the Levering Act loyalty oath
and substitute an affirmative oath
in its place,
In the area of criminal pro-
cedure, John O'Connell, who was
chairman of an interim committee -
on the subject, has introduced
many excellent measures to pro-
tect the rights of the individual.
A, B. 592 says it is the policy of
. the State when an arrest is made,
that a warrant of arrest shall
be used where practical and
feasible. A, B. 1327 says that a
police officer, on request of the
_person he is arresting, must in-
form the latter of the offense for -
which he is being arrested.
A. B. 458 would make various
changes in the law with respect
to felony arrests occurring out-
side the county where the offense
occurred. A. B. 450 requires that
a warrant of arrest must be
shown to the arrested person
upon request "within two hours
of his arrest."
Police Must Explain
A, B. 451 requires a person to
explain to the magistrate why he
has neglected to bring an arrested
person before him in the time re-
quired by law.
A. B. 453 provides an officer
may arrest a person without a
warrant when an offense has
been committed in his presence
and not "Whenever he has
reasonable cause to believe" the
person has committed an offense
_in his presence,
A. B. 448 would, in effect,
excuse a person's resistance to an |
unlawful
officer.
A. B, 455 allows an arrested
person to' make one telephone
call at the public's expense,
arrest by a police
Booking
A, B. 444 requires that an ar-
rested person "must be booked
within three hours after ar-
rest... ."
A, B. 446 protects the right of a
person to sue for false imprison-
ment committed after an arrest.
A. B, 447 allows arrest for pos-
session of a dangerous weapon
only if the officer could have law-
fully arrested the person at the
time the search was commenced.
A. B. 1268 provides that where
a person has signed a written
Survey
notice to appear, he must be
brought to trial within 30 days.
after the date upon which he has
promised to appear.
Records of Arrest
A. B. 946 requires a law-en-
forcement agency making an ar-
rest and reporting to a State and
Federal agency also to make a re-
port when the person is released
from custody or transferred to
another agency. It also prohibits
release of information . concern-
ing a person's criminal record to
other than law-enforcement agen-
cies, and governmental agencies
and officers for use in connection
with their official duties.
Assemblyman Lester A. Mc-
Millan has introduced A. B. 1211
which provides that where a
prosecution has ended in the de-
fendant's favor, his photographs,
fingerprint impression, and rec-
ords of arrest must be returned
to him upon demand.
Applicants for Employment
The remaining bills were all
introduced by Assemblyman
O'Connell. The first, A. B. 445
prohibits the State from asking
an applicant for employment
whether he has ever been ar-
rested, held or detained by the
police.
A. B. 449 requires the Adult
Authority to hold a hearing be-
fore canceling or revoking pa-
roles. .
A. B. 457 makes it mandatory
for counties of the first 10
-elasses to establish and maintain
the office of public defender to
serve such counties.
Vagrancy Law Repeal
At the request of the Attorney
General, twelve assemblymen,
headed by John O'Connell, have
introduced A. B. 874 to repeal
the vagrancy law and substitute
in its stead a law punishing "dis-
orderly conduct." This proposal
will receive further examination
in the April NEWS. :
Fair Housing Law -
Eleven bills have thus far been
introduced relating to discrimi-
nation because of race, color, re-
ligion, national origin or ances-
try. The most important of these
bills is A. B. 801 introduced by
Assemblyman Augustus F. Haw-
kins and fifteen other assembly-
men. The purpose of this bill is'
to help insure equal opportunity |
for decent housing for all Cali-
fornia citizens - by reducing
housing discrimination because
of race, religion or national ori-
gin, and brings enforcement of
the law under the jurisdiction of
the F.E.P.C. It prohibits discrim-
ination in the sale, lease, rental
or financing of all housing ac-
commodations - other than a
single unit dwelling occupied in
-whole or in part by the owner as
his residence.
Assemblyman Edward E. El-
liott has introduced another
measure, A. B. 101 which also
prohibits racial discrimination,
etc., in the sale, lease, or rental
of property redeveloped and ur-
ban renewal under the Commu-
nity Redevelopment .Law.
A. B. 1225 by Phil Burton
strengthens the provision against
racial discrimination, etc., in the
civil service.
Teaching Positions
Applicants for teaching posi-
tion are protected against dis-
crimination by two bills. A. B.
1295 by Augustus F. Hawkins de-
clares it to be contrary to state
policy to refuse to employ a qual-
ified teacher "because of his race,
color, religious creed, or national
origin." And, A. B. 1294, makes it
unlawful for a school district to
ask questions of an applicant re-
lating to such matters. Also, A. B.
1226 by Phil Burton adds "reli-
gion, or national origin or ances-
try" as matters which teachers
and instructional materials in
schools may not reflect upon in
respect to citizens of the United
States.
Two licensing bills have been
introduced. The first, A. B. 1304
by Phil Burton prohibits racial
discrimination, ete. in the issu-
ance of licenses, etc. A. B. 69,
also by Phil Burton, permits the
suspension or revocation of li-
censes "if it is determined that"
Redwood City Easter Cross
"Ghallenged
A taxpayer's suit will be filed in the near future challeng-
ing the legality of an appropriation of $4,500 by the City
Council of Redwood City toward the erection of an Easter
Cross. The ACLU contends that such an expenditure violates
both the Federal and State Constitutions.
In a letter to the City Council,
the ACLU pointed out that the
U. S. Supreme Court had de-
clared that "the establishment of
religion clause of the First
Amendment means at least...
(that) neither a state nor the
Federal government... can pass
laws which aid one religion, aid
Marin Book
Banner Again
Rebuffed
Mrs. Anne Smart of Larkspur
has been rebuffed again. Last
month the Tamalpais Union High
School District directors refused
to accede to her request that two
more books be removed from its
school library. The books are
Nicholas Monsarrat's "The Cruel
Sea" and Carson McCullers' "The
Members of the Wedding."
A special committee reported
to the directors that Mrs. Smart's
objections to the books were
"completely without foundation
... lacking in validity."
Last January, the directors
turned down Mrs. Smart's peti-
tion to remove John. Steinbeck's
"Of Mice and Men" and J. D.
Salinger's "The Catcher in the
Rye."
Mrs. Smart attacked all of
these books as being either ob-
scene or subversive. Her objec-
tion to "The Cruel Sea," among
other things, referred to "the de-
pressing and defeating psychol-
ogy of the entire story."
the licensee "has established a
persistent course of conduct of
discrimination against persons re-
questing the performance of
services subject to the license."
Unruh Civil Rights Act
A. B. 1227 by Phil Burton sub-
stitutes. the term "person" for
"citizen" in the Unruh Civil
Rights Act, which provides for
equal accommodation in all busi-
ness establishments.
A. B. 612, by Assemblyman
Clark L. Bradley of San Jose, out-
laws racial restrictive covenants
in deeds.
Assemblyman Frank Luckel of
San Diego has proposed an
amendment to the Fair Employ-
ment Practice Law, A. B. 288, to
exclude from its provisions
where laws of the State of Cali-
fornia preclude employment of
persons who are not citizens of
the United States or of this
State." Assemblyman Bradley's
x B. 1396 would repeal the entire
aw,
all religions, or prefer one reli-
gion over another."
State Constitution
Also, under Article IV, Sec. 30
of the State Constitution,
"Neither the Legislature, nor any
.- ". municipal corporation shall
ever make an appropriation, or
pay from any publie fund what-
ever, or grant anything to or in
aid of any religious sect, church,
creed, or sectarian purpose, .. ."
At the urging of the ACLU,
the City Council requested an
opinion from its City Attorney as
to the legality of the appropria-
tion. On February 20, the City
Attorney recommended that the
cross be treated as an historical
landmark of wide repute, after
which an appropriation could
then be made for its restoration.
A resolution will apparently be
presented to the Council on
March 6 to carry out the recom-
mendation.
Subterfuge -
Obviously, the new plan for
erecting the cross at some public
expense is a subterfuge. The
cross to be erected will not re-
place an historical landmark. The
original cross was not erected on
a city owned site in the Emerald
Lake area of San Mateo county
until 1929. Last year, safety engi-
neers recommended that the
cross, 80 feet high and with a
26-foot crossbar, be demolished
or reconstructed, because of its
hazardous condition. Thereafter,
the cross was torn down by van-
dals, and the City, which had
been paying premiums on an in-
surance policy, collected $4,500
in insurance which the City
Council wishes to turn over to a
fund-raising group which has set
a goal of $14,500 to erect a new
cross.
Support for the Eastern Cross
comes essentially from Protestant
groups, which hold sunrise East-
er services at the cross. Those
services are under the auspices
of the Ministerial Association
which in Redwood City is com-
posed only of Protestant minis-
ters and most of those are funda-
mentalist in their approach to re-
ligion.
The position of the Roman
Catholic group is not known, al-
though the co-chairman of the
fund-raising group is a Roman
Catholic, Harold Coehlo, who is
said to run a non-sectarian under.
taking business.
It is reported that the site for
the cross was given to the City
under a will, and if it is no
longer used as a site for the
cross and Easter sunrise services, .
it is to revert to the decedent's
estate.
The first right of a citizen
Is the right -
To be responsible.
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