vol. 27, no. 2

American

Civil Liberties

Union

Volume XXVII

. San Francisco, February, 1962

Sonoma County Speaks Up for Rights

Wm. Winter Heads Feb. 9

Santa Rosa ACLU Meeting

Sonoma County members of the ACLU are presenting

William Winter in a public meeting, February 9, Friday eve-

ning at 8:15 p.m., at the Santa Rosa High School oe

on "Our Civil Liberties in the Current Crisis."

. Distinguished as a foreign correspondent and rani: TV

news analyst, Mr. Winter will con-

centrate the broad knowledge and

keen understanding he is well

noted for on dissecting the rabid

right and its threats to our tradi-

_ tional freedoms. He is well fitted

for the job. A trained court-room

lawyer, he has a full grasp of

legal problems and their ramifi-

cations. In his early professional

practice, he developed the deep

analytical approach that makes

him outstanding in his ability to

translate complex, involved events

into down-to-earth terms. Widely

traveled in Asia, Europe, the

Middle East and Latin America,

he sees today's happenings in the

momentum of their effect here

at home and on the world scene.

War Correspondent

Mr, Winter was a roving war

eorrespondent in the Far East

for Overseas News Agency dur-

ing World War Il. He covered

the Korean War as a United

Nations correspondent. The peo-

ple of Asia know him for his re-

porting and his wartime short-

wave radio broadcasts as "The

Voice of Freedom." Currently

Mr, Winter has a daily ABC pro-

Mid-P eninsuia

Annual Meeting

February 16

This year's annual meeting for

the Mid-Peninsula Chapter will

be held on Friday, February 16,

at 8 p.m. in the Unitarian Church,

505 Charleston Road, in Palo Alto.

John A, O'Connell, State As-

semblyman from San Francisco,

will be the speaker of the eve-

ning, discussing "Narcotics and

Law Enforcement." Noted for

his strong civil liberties stance in

the State legislature, Mr. O'Con-

nell is chairman of the Assembly

Judiciary Committee.

Committee members in charge

of the annual meeting's program

are: Norman Howard, Peter

Szego, Kenneth Arrow and Ernest

Norback,

Since the annual meeting elects

the new board, members are

urged to attend. The nominating

committee (consisting this year

of Nancy Kautz, Bill Capron,

Abraham Berry, Ada-Bakalinsky

and Jean Bagrash) has submitted

the names of 16 willing ACLU

members to be voted on to fill

14 offices. They are: Jean Bag-

rash, Michael Criss,

Leeuw, Louis Fein, Richard Gould,

Norman Howard, Sandra Levin-

son, Leroy Lucas, Bill McElhin-

ney, Dan Miller, Ernest Norback,

Wesley Pomeroy, Joy Rosaaen,

John Rutherford, Lars Speyer,

Peter Szego. The fifteenth mem-

ber of the board is appointed by.

the Northern California ACLU

_ board of directors. Nominations

may also be made from the floor.

Before the meeting, members will

receive a short description of the

proposed candidates' activities

and interests.

Other business will center on

the new by-laws, which the pres-

ent board has revised extensively

and members will vote on. Any

member wishing to have a copy

of the proposed changes in ad-

vance may cali UL 1-1407.

Karel De-.

WILLIAM WINTER

gram, giving his observations on

the events of the day.

Dr, O'Rourke Chairs Meeting

, On the Santa Rosa program

with Mr, Winter will be Dr. Paul

O'Rourke, the courageous public -

health officer who tried to com-

bine integrity and respect for hu-

man rights with sound medical

practice in the middie~ of Impe-

rial Valley's labor strife last year.

He will chair the meeting. Milen

Dempster, chairman of the AC-

LU's Marin Chapter, will discuss

accomplishments of the ACLU

and what responsible individuals

can do to bolster our civil liber-

ties.

Arranging Group

This meeting is the product of

many hard-working Sonoma

County members. Among them,

to mention only a few, are: Mr.

and Mrs. John Durr, Mrs. June

Fefler, Mr. and Mrs, Walter No-

vak, Mr. and Mrs. Joseph Rapa-

port, Mr. and Mrs. Jack Rudinow,

Mr. and Mrs. Barney Shipnuck,

Mrs. Doris Sloan, Charles Steinke

and Jack Warnick.

The meeting is open to the pub-

lic-$1.00 admission for adults,

and free to students. Tickets are

available at the Apex Bookstore -

(Liberty 5-6153) in Santa Rosa.

Number 2

HUAC Logic

"Lack of film footage of

eertain events which took

place in the course of the San

Francisco demonstration and

riots ... made it necessary to

use some film shots out of

sequence in order to convey a

true picture of what actually

happened." From the report

of the HUAC "The Truth

About the Film `Operation

Abolition," Part 2, released

December 27, 1961.

`Correction'

Gets Wide

Distribution

Twenty-one prints of "Opera-

tion Correction," ACLU's refuta-

tion of "Operation Abolition,"

have thus far been sold at $100

per print, Prints are now avail-

able for rental at ACLU affili-

ates in Baltimore, Boston, Des

Moines, Detroit, Los Angeles,

Madison, Miami, Pittsburgh, Port-

land and Seattle.

The New Yorker Theatre (on

Broadway) purchased and ex-

hibited the film as did Cinema 16

in New York. The Nationwide In-

surance in Columbus and the Na-

tional Student Federation in Phil-

adelphia bought copies as did

Methodist churches in Hayward

and Fresno. Swank's in St. Louis,

the American Jewish Comm. in

Kansas City, and Dartmouth and

Central State College (Okla-

homa) also purchased prints.

On NBC "Today"

Portions of "Operation Correc-

tion" were shown on NBC's Today

on a nation-wide hook-up on Jan-

uary 24 Postponement of the

program for one week had

brought many protests. "I was

very impressed with the discus-

sion and partial showing of `Op-

eration Correction," says one

comment received by the ACLU.

"Operation Correction" was

_shown on Station KVIE-TV in

Sacramento on January 30.

The film has been rented at $15

' per screening, plus transporta-

tion charges, by groups in such

far-away places as Dallas and

Houston, Texas, Evergreen, Colo-

rado,/ Fayette, Mo., Montclair,

N.J., Cincinnati, Ohio, Arlington,

Va., and Goshen, Indiana. At

-Continued on Page 4

Land Shuffle in Redwood

City Easter Cross Case

The ACLU has recently been informed that the city-owned

land on which the old Redwood City cross stood has been

transferred by quit claim deed of the City to the group rais-

ing funds for the erection of a new cross in return for the

group's quit claim deed to any interest it may have in certain

land which is part of Redwood

- City's water system. The ACLU

became interested in the case

when it was learned here that

`the City Council of Redwood

City had authorized the donation

of $4382 of public funds (obtained

from insurance proceeds when

the old cross was destroyed) to

the group raising funds for a new

cross.

A suit was filed on behalf of

Clifford Anderson and Alan Bald-~

win, two local taxpayers, to ob-

tain an injunction against this ex-

penditure of public funds for a

`religious purpose and to prevent

the city from allowing the new

cross to be erected on city owned

property or in any other way aid

the sectarian project of establish-

ing a new cross. The suit has

been pending without hearing on

the stipulation of Redwood City

attorney, Robert J. Costello, that

no money would be expended by

the City of Redweod City for the

erection of the cross, nor would

any City involvement in the proj-

ect take place until the case came

up for hearing in the Superior

Court.

The land exchange discussed

above is a new development and

the ACLU is now investigating

to determine whether the cross

group actually had a bona fide

interest in the City's water sup-

ply property which would make

the exchange of the former cross

site a legitimate transaction,

Reinstatement in Sight

Boards

Denied

Appeal

in John

Aass Case

In an order dated January 24, 1962 the Supreme Court of

California denied the petition of the San Franciseo Board of

Education asking that Court to grant a hearing in the case of

John W. Mass. This action leaves in effect the opinion of the

District Court of Appeal filed November 29, 1961 requiring

the suit brought by the Beard of

Education in the Superior Court

of San Franciseo to dismiss Mass

from his teaching position at

San Francisco City College on

"Abolition's'

Truth as Seen

By Christopher

"Well, I see that back in Wash-

ington they're still. making ex-

cuses for `Operation Abolition'-

and I note further that Mayor

Christopher is quoted as saying

he attended 90% of the House

Un-American Activities Comm.

hearings here and therefore can

testify that the film and com-

mentary are `accurate'. A check

of the Mayor's calendar for that

period indicates he couldn't pos-

sibly have attended more than

25% of the hearings-and that

5% is closer to the fact. And,

anyway, when the `riot' occurred

-the crux of the whole mess-

he was making a speech in Bur-

lingame. What is our George try-

ing to prove?" - Herb Caen's

column, San Francisco Chr onicle,

January 9 ae

Dr. Meiklejohn

Celebrates 90th

Birthday Feb. 3

Dr, Alexander Meiklejohn will

celebrate his 90th birthday on

`February 3. The beloved vice

chairman of the ACLU's local

board is one of the founders of

the branch and has been since its

inception in 1934 a member of

the board of directors.

Dr. Meiklejohn is former presi-

dent of Amherst College and

founder of the famous Experi-

mental College at the University

of Wisconsin. Of course, he has

many, Many other distinctions.

Dr. Meiklejohn has a passion-

ate concern for freedom. A _na-

tional authority on civil liberties,

he is still on the firing line. His

books include "Free Speech and.

Its Relation to Self Government."

Dr. Meiklejohn resides in Berke-

ley with his wife, Helen, at 1525

La Loma Street.

Happy Birthday, Alec!

1962.

NDER MEIKLEJOHN

~ original

grounds of "unprofessional con-

duct" to be itself dismissed.

Reinstatement by Feb. 5

The District Court of Appeal's

writ of mandate requiring the

school board's suit to be dis-

missed was filed in the Superior

Court on January 30, 1962 and a

judgment was then entered dis-

missing the suit. The Education

Code provides that within five

days after this judgment (in

this case about February 5) a

teacher not ordered discharged

be reinstated and paid `full"

salary. Under this provision it is

estimated John Mass will have

some $60,000 to $65,000 in back

pay due him, dating from his

suspension from his

teaching position on December

8, 1953. The school board must

also pay the "costs" of the suits.

Further court action may be re-

quired if the Board of Education

does not comply with the law re-

quiring Mass' reinstatement

within five days of the judgment.

End In Sight

With these developments the

end of the John Mass case may

be in sight and Mass may be able

to take up his duties in the Eng-

lish Department at City College

where he left them off over eight

years ago. He was suspended

from his position by the School

Board after failing to answer

certain questions concerning his

past political affiliations at a

hearing of the House Un-Ameri-

can Activities Committee in San.

Francisco, The ACLU has repre-

sented Mass from the inception

of the case and in 1956 obtained

a decision from the Supreme

Court of Califernia stating that

Mass could not be automatically

fired but must be given the op-

portunity to explain his reasons

for not answering the Commit-.

tee's questions. The Supreme

Court ordered a new trial to de-

termine the sufficiency of Mass'

reasons.

Statute of Limitations

The San Francisco School

Board and its counsel, Irving

Breyer, had the obligation under

the law to bring this action to

trial within three years but failed

to do so. This was the basis for

the action of the District Court of

Appeal in ordering their suit to

discharge Mass dismissed, The |

Board had contended that certain

preliminary matters in the law

suit did not constitute a "trial."

Mass now resides in Los An-

geles with his wife and family

where he is engaged in private

tutoring. He has expressed his

willingness to resume his teaching

duties at San Francisco City Col-

lege and Dr. Louis G, Conlan,

president of City College, has

said `"{Mass} is an excellent

teacher and his record here was

absolutely clear."

ACLU Case

All three staff counsel of the

ACLU of Northern California

have participated in the Mass

case. Lawrence Speiser and Al-

bert M. Bendich carried the case

through to the first victory be-

fore the Supreme Court and

Marshall W. Krause handled the

proceedings resulting in the dis-

missal of the School Board's suit.

-M. W. K.

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

ERNEST BESIG ... Editor

503 Market Street, San Francisco 5, California, EXbrook 2-4692

Subscription Rates -- Two Dollars a Year

Twenty Cents Per Copy

Dr. Alfred Azevedo

Theodore Baer

Prof. Arthur K. Bierman

Rev. Richard Byfield ~

Prof. James R. Caldwell

John J. Eagan

Samuel B. Eubanks

Prof. Van D. Kennedy

Rey. F. Danford Lion

Jchn R. May -

Lloyd L. Morain

Honorary Treasurer:

Joseph M. Thompson

Honorary Board Member

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

Joseph Eichler

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 Kingman

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

Helen Salz

: Rev. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

Prof. Charles Muscatine

Prof. Herbert L. Packer

William M. Roth e

Clarence E. Rust .

Prof. Nevitt Sanford

Mrs. Alec Skolnick

Mrs. Martin Steiner

Gregory S. Stout

Donald Vial

- 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

Distribution of

Bibles Stopped |

In Tulare FS.

Following the distribution of

Gideon Bibles to Tulare High

School students last December,

the Rev. James Maloney, pastor

of St. Aloysius Catholic Church

requested permission to distrib-

ute the Confraternity version of

the Bible at the school, "We be-

lieve in separation of church and

state," Father Maloney told the

school board on January 10, "but

we feel that if one group have

the privilege of distributing their

Bible, all should have the same

right.

Catholic Version Different

"We are prepared to demon-

strate that the Catholic version

is substantially different" and

therefore other versions do not

fill the need for Catholic stu-

dents or others, he was quoted

as saying. "We feel we should

have the privilege to distribute

our version."

At the urging of a Trustee,

Father Maloney finally withdrew

his request rather than cause the

school district to become in-

volved in an expensive test suit.

The ACLU had protested the dis-

tribution of Gideon Bibles and

promised to bring an injunction

proceeding if the distribution of

sectarian materials was not

stopped.

Trustees' Resolution

The Trustees then adopted a

resolution that the "Tulare Un-

ion High School Board of

Trustees refrain without preju-

dice from allowing the distribu-

tion of Bibles or religious litera-

ture until such time as the Su-

preme Court of California gives

a decisive answer to Article 9,

Section 8, of the State Consti-

tution."

Originally, in allowing distri-

bution of Gideon Bibles, the

Trustees ignored the legal opin-

ion of County Counsel Calvin

Baldwin. In 1955, the State At-

torney General ruled "that the

Gideon Bible may not constitu-

tionally be distributed through

the facilities of the public school

system. Even if no child were

compelled to accept such a Bible,

nevertheless the use of the public

schools for distribution purposes

would indicate state endorsement

and would constitute a religious.

preference."

`Paae 2

February, 1962

ACLU NEWS

Church and State

Topic of Feb. 18

Marin Meeting

"Church and State-Where Do

They Separate?" will be the sub-

ject matter for speakers at the

Annual Marin Chapter ACLU

meeting on Sunday evening, Feb-

ruary 18, at 8 o'clock.

County-wide interest in this as-

pect of the First Amendment to

the Constitution was revealed last

December with ACLU's protest

of the Nativity scene on the lawn

of the Court House in San Rafael.

Speakers

According to Milen Dempster,

chapter chairman, panel speakers

will be Dr. Benjamin A. Reist,

of the San Francisco Theological

_ Seminary in San Anselmo; P. W.

Schneider, superintendent of Ma-

rin County's San Jose School Dis-

trict; and Ernest Besig, director

of Northern California ACLU.

Professor Reist, formerly dean

of the theological department of

Wellesley College, is now Profes-

sor of Systemic Theology at the

Marin County seminary. He is

presently on a national commis-

sion of the Presbyterian Church

to present a policy statement for

the church on separation of

church and state at the church's

coming national meeting this

spring. :

Mr. Schneider, a life-long resi-

dent of Marin County, is 4 teach-

er of Social Foundations at So-

noma State College, and obtained

his Master's degree in curriculum

at Stanford University.

Mr. Besig has headed Northern

"California ACLU since June 23,

1935, and has handled many cases

dealing with the subject matter

to be discussed.

Election Scheduled

A brief meeting of the Marin

members will precede the talks

and panel discussion, and election

of the 1962 board and officers

will be held. A slate will be pre-

sented by the nominating com-

mittee. Further nominations may

be made by members from the

floor.

The meeting, which is expected

to have an attendance of over 200

persons, will be in the Lecture

and Art Room of the College of

Marin, in. Kentfield. Refresh-

ments will be served following

the program. -

Guilty Verdict

In Bracero

Camp Case

Judge Priscilla H. Haynes of

the Manteca-Ripon-Escalon Jus-

tice Court in San Joaquin County

has found the two defendants

charged with trespassing onto a

bracero camp guilty, and has de-

nied their motions to dismiss the

`complaint. ACLU staff counsel,

Marshall W. Krause, represented

the two men, Jefferson Poland,

Jr., and Fred Cage, at their trial

when they pleaded not guilty to

entering a bracero camp which

was the: home of hundreds of

Mexican Nationals doing farm

labor, to distribute literature

of the Agriculture Workers' Or-

ganizing Committee, AFL-CIO,

Judge's Opinion -

Judge Haynes in an opinion at

the time she found the two de-

fendants guilty, stated: "To

change private property into pub-

lic use by the simple expedient

of asserting the constitutionally

protected right to speak is to

permit disappointed or frustrated

orators to deprive property own-

ers of an equally protected con-

stitutional right, namely,

right not to be deprived of prop-

erty without due process of law."

The ACLU has contended, and

will contend in an appeal which

-has been filed from the Court's

judgment, that the owners of the

bracero camp cannot make the

residence of up to 500 men pri-

vate property to the extent that

they can prevent these men from

receiving communications con-

cerning issues of public interest.

Contention On Appeal

The appeal, which will be

heard by the Appellate Depart-

ment of the Superior Court of

San Joaquin County, in Stockton,

- will argue that the bracero camp

is' analogous to the company

town, access to which the United

States Supreme Court has held,

cannot. be restrained by its own-

ers, at least as to persons who

come at reasonable hours, and in

a reasonable manner attempt to

distribute literature of social sig-

nificance. It will also be argued

on appeal that labor unions have

the right to organize on private

property. where access to poten-

tial members is so restrictive

that there is no other effective

way for the labor union to make

its message known. The final ar-

gument will be that under the

Migrant Labor Agreement of 1951

the Mexican workers have the

right to receive information con-

cerning their wages and living

conditions at the place where

they reside.-M.W.K.

the

Sacramento Chapter Breakfast

Controversy

Essential to |

That the possibility of controversy is essential to freedom

was the thesis of a speech given by Dr. Buell G. Gallagher,

chancellor of California's state college system.

Gallagher spoke January 14th to 400: people at the

Sacramento chapter's third annual breakfast meeting in the

Sacramento Inn. He was_ intro-

duced by State Senator Albert S.

Rodda (D) of Sacramento,

Right to Differ

In speaking of controversy as

an instrument for freedom,

Gallagher said, "The right.to dif-

fer without rancor is fundamen-

tal to any form of free inquiry.

Indeed, it is basic to a free so-

ciety."

"T hold that the only issue

which is not open to. contro-

versy,' he said, "is whether

controversy is permissible, There

is no other way to maintain and

to promote freedom than to ex-

ercise it. If freedom is to be real,

the possibility of advancing new

ideas, or old ideas, must always

be present. The possibility of

controversy being open, needless

controversy can be avoided."

Understanding Truth

"If controversy were only a

means of maintaining freedom it

would justify itself but when it

is seen also as a means of un-

masking falsehood and of clarify-

ing man's understanding of

truth, the method of controversy

takes on pragmatic dimensions of

strength. In the third place, free

controversy is the only method

known to man whereby the heavy

hand of forced conformity may

be lifted while at the same time

creative energies are released."

Avoiding Controversy

Gallagher emphasized what he

considered to be the only two

methods of avoiding controversy:

totalitarianism and indifferent-

ism.

The easy transition from indif-

ference to tyranny and back

again, he said, is possible be-

cause "they recognize no legiti-

mate place for controversy.in the

affairs of men."

He said controversy need

never degenerate into conflict if

men of integrity employ intelli-

gence and democratic processes.

Tolerance of dissent is impossible

only to the mentally ill or the

socially maladjusted.

Dissent Not Disloyalty

"Dissent is not disloyalty-not

in a free society,' Gallagher said.

"In a closed society, of course,

dissent is syonymous with' dis-

loyalty, since neither can be per-

mitted, But a free society, recog-

nizing the right to dissent, dare

not fall into the error of con-

fusingly identifying permissible

disloyalty, Real disloyalty must

be ferreted out, exposed and ex-

punged, if freedom is to endure.

Democracy has the obligation to

protect itself against betrayal.

But to look at every dissenter

with the jaundiced suspicion that

he is actually disloyal is only the

first step in a very short journey

which leads to a land of corrupt

_ and corrupting `miasma where

suspicion is taken as proof, trial

as condemnation."

The Genuinely Subversive

"T submit that the genuinely

"subversive are those who, in a

land of freedom, cultivate the

attitudes of fear, suspicion and

hatred, the precursors and hand-

maidens of a society which is not

free."

Undermining our faith in con-

troversy, according to Gallagher,

is a technique of the enemies of

freedom, Another is this: "Hav-

ing discredited controversy, they

then stir up controversy about a

selected man, and thus try to dis-

credit him as being `controver-

Stalag

Method of Free Men

However, he opposed attempts

to silence the dissenters of the

far left and right. He said, "Just

as we have successfully engaged

the lunatic fringe of the Far.

Left in open and active contro-

versy, and defeated them, so let

us have enough faith in our heri-

tage of freedom to entertain even

this most painful of the recent

rashes of the Far Right. Open

controversy is the method of free

men. Let us use it."

" --~Photo by Gene Knapp

FROM LEFT TO RIGHT: Mrs. Jack Clevenger, chairman of breakfast committee; Senator Albert S. Rodda of `Sacra-

mento county; Dr. Buell Gallagher; Darrell Shryock, chairman, Sacram

C. Livingston, Sacramento State College political scientist.

ento Valley Chapter of ACLUNC and Dr. John

FINANCIAL REPORT

AMERICAN: `CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

For Year Ended October 31, 1961

December 29, 1961

Board of Directors

American Civil Liberties Union

of Northern California

San Francisco, California

Gentlemen:

i

We have examined the balance sheet of the American Civil Liberties Union

of Northern California as of October 31, 1961, and the related statement of

income and expense. for the year then ended. Our examination was made in _

accordance with generally accepted auditing standards,. and accordingly in-

cluded such tests of the accounting records and such other auditing procedures

as'we considered necessary in the circumstances.

The: records are maintained on a cash basis, and accordingly reflect no ac-

crual -of liabilities. Our examination indicated no material liabilities outstanding.

Amounts payable for pay roll taxes and minor items were subsequently promptly

paid and did not differ in any significant amount from those payable at the

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close of the previous year.

In our opinion the accompanying balance sheet sad statement of income

and expense, subject to adjustment for the difference between book and market

value of treasury bonds, present fairly the financial position of the American

Civil Liberties Union of Northern California at October 31, 1961, and the results

of the year then ended, in conformity with generally accepted accounting prin-

ciples. - H. W. Zimmerman, Certified Public ony 544 Market St., San

Francisco 4, Calif.

Balance Sheet

5: ASSETS -

CURRENT ASSETS:

Cash-Wells Fargo-American Trust Company:

Commercial account (Overdraft) ee pe $ (21.36)

(c) Savings account. 13,875.41

Cash-San Francisco Federal Savings and Loan Assn. .... 10,000.00

Cash-Security Savings and Loan Assn. -........---.--eeccseesees 9,054.62

Petty cash: fund 235 2 pe ee 10.00 (c)

United States Treasury Bonds (At cost)... 2 4,500. 00

TOTAL ASSETS | $37,418.67

LIABILITIES AND NET WORTH

CURRENT LIABILITY-Employees' pay roll taxes withheld... $ 579.19

PROVISION FOR 1962 BIENNIAL REPORT AND 1962 BIENNIAL

CONFERENCE os 775.00

OBLIGATED FUNDS (See Schedule} 7,867.84

NET WORTH: (c) Le

Balance at October 31, [960 2). 23 5 ee $26,300.22

Excess of income over expenses-year ended Oct: 31, 1961 1,896.42

Net worth, October 31, [9Gl-s 2 ee e 28,196.64

TOTAL LIABILITIES AND NET WORTH..u....cccccccssss-osssssssesceeeeoee

Drive

~ $37,418.67

lans

Going Forward

Officially set to kick off March 19, the 1962 membership

drive is showing sparkling symptoms. of good health in the

planning. Local chairmen have started their committees in

most areas. Several are already at work mapping their cam-

paigns and educational programs. Meetings are scheduled or

being arranged in a number of

'62.

Statement of Income and Expense

"$ 1,896.42

Objection to

Flag Saluting

Upheld in S.F.

An unusual instance of the ex-

ercise of the right guaranteed by

eines - `the decision of the U. S. Supreme

Oe $49:22008 Court in West Virginia v. Barn-

Special-funds appeals 32. $4,270.96

Less portions directed to obligated funds... 3,281.50 989.46 ette, to be excused from compul-

5 ee : sory flag salutes, took place in

Special gifts 1,364.20 San Francisco last month. A high

Memorial gifts eed) schoo] student, having a consci-

Interest income 1,303.72 ene hieck fo trioti

Publication sales, notary fese and miscellaneous................ 441.91 us eon te he pa a ie

HUAC Conference, net of expenses 2.0.2... 2ccecceceeeceeeeee 367.43 exercise, was threatened with

Annual meetings, net of expenses... 2.22.2 eeeeeeeeeee ee 105.92 suspension because his father re-

Unclaimed cash security 830.00 fused to say that he-the father

Total income $54,747.72 -objected to the flag salute. The

ee father in a note to the school

ee: ee principal, said: "Mr, Smith, I'm

Printing, stationery and office expenses 00... oe 3,291.19 not going to sign this letter. I've

Postage ee ee 3,339.37 pleaded with the boy to be good,

ACLU News 2 652.45 but he just ignores me. I thank

Telephorie 1335.21 you, Mr. Smith. I'm sorry for all

Tages Sad fostieance 1,238.68 the trouble the boy caused you."

Retirement" 741.30 On intervention by the ACLU,

Provision for 1962 biennial report ccc 600.00 Board of Education counsel Irv-

Provision for 1962 biennial conference ........--c--ceeceseeee 175.00 ing Breyer informed the princi-

Publications ... 436.96 pal that it was not necessary that

`Travel and transportation 406.53 the father have a conscientious

Audit (c) 2 b 300.00 objection to the flag salute. The

Furniture and equipment 705.30 father then signed a statement

Miscellaneous 140.97 that the student was conscien-

aor : tiously opposed to the flag salute

U oo fe oe ee eee and the student was excused from

i u a I oF ases oO orice equipmen auTnorize : 4 the exercise. The ACLU `was in-

TO TATOT formed by the school authorities

Notalcexpensess "ee ee 52,851.30 that the student was not a dis-

EXCESS OF INCOME OVER EXPENSES 2 2 cipline problem and bad a good

record.-M WK.

Transactions in Obligated Funds

Balance RECEIPTS Balance

October 31, -Special October 31,

1960 Appeal Other Expenditures Transfers 1961

DEFENSE FUNDS:

General Defense Fund................-0..-.--ceceeee $5,477.61 $2,557.00 $ 22.25 $ 374.04 $ (951.01) $6,731.81

John W. Mass vs. S. F. School Board........ 889.37 42.91 9.75 922.53

Lundquist vs. MEBA = = (712.55) 258.64 (971.19)

Postal: Workers. Cases = 290.50 26.00 : 316.50

Hartman and HUAC Cases.......00.0002--.0----- 226.92 122.42 8.27 | 341.07

Teachers Loyalty Oath Cases. 538.41 : 296.77 241.64

Radio Operators Loyalty Oath Cases... (368.45) 265.51 633.96

dack-Owens. Case a (707.30) 83.17 425.25 (1,049.38)

Easter Cross Case. ee ee 83.00 57.65 45.00 95.65

Shaver Case. 42. 2. Be cae 200.00 527.38 (327.38)

Goldberger Case 2 52.00 3.50 48.50

~ Rebecca Wolstenholme..........------cccecc------e" 317.05 317.05

Total detense funds... $5,634.51 $3,166.50 $ 79.90 $2,531.16 $6,349.75

OTHER FUNDS: 3 :

Beth Livermore Memorial Fund _................- $1,210.50 $1,045.00 $ 165.50

Lawrence Sears Memorial Fund_.............. 495.00 495.50

Boyd Memorial Library Fund... 298.60 $ 115.00 $ 94.00 150.01 357.59

Promotion of "Operation Correction" ...... 500.00 500.00

Total other funds .......-...---ce--cccccecoceeeee $2,004.10 $ 115.00 $ 594.00 $1,195.01 $1,518.09

Total obligated funds 2 $7,638.61 $3,281.50 $ 673.90 $3,726.17 $7,867.84

localities. The office is getting a.

steady stream of requests for

speakers, announcements and

program ideas... - 4

Beating the Gun

Members in Sonoma County

are beating the gun with a large .

public meeting February 9 (see

page 1). Stockton is arranging

a March program with Nathaniel

Colley as the main speaker. Fre-

mont is planning an "Operation

Correction" evening. Chairmen of

all membership committees in

the East Bay area have a hopper

full of project ideas to coordinate

their programs. Sacramento's an-

nual breakfast, January 14, at-

tracted over 400 persons (see

page 2). :

`San Francisco Meeting ee

San Francisco will start its ball

rolling March 2, at 8:00 p:m.; with

a showing of "Operation Cor-

rection" at the Hall of Flowers.

Assemblyman John O'Connell

will moderate the discussion. Ex-

ecutive Director Ernest Besig and

Board member Arthur Bierman,

along with Mr. O'Connell, will

-form a panel to lead the audience

inte. the legal and philosophical

freeways of timely questions

raised by the filmed events. Mem-

bers are specifically requested to

bring. along a prospective mem-

ber as the price of admission.

In answer to the December

NEWS item on areas in search

of membership chairmen, the

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fered to cover the Marysville-

Yuba City area with civil liber-

ties. That leaves. Fresno, Hay-

"ward, Redding and Richmond

still uncovered. For interested

members in those areas: If you

have reservations about taking

- on the task alone, find a co-chair-

man to share it with you - and

get in touch with the office. As

you can see from the listing be-

low, quite a few areas have

adopted leadership in pairs.

Membership Chairmen~

_. Membership chairmen now on

the job are: Dorothy Hull (Berk-

`eley), George Nicholas

cord), Lee Watkins (Davis),

Ruth and Norman Lamb (Marys-

ville-Yuba City), Libby Ginsberg

(Marin), Charlotte Couture (Mo-

desto), Linden G. Leavitt, Jr.

(Monterey), Don Feiner (Napa),

Richard Smith and Arthur Gold-

man (Oakland), Marilyn Penne-

baker (Orinda), Marion Lewen-

stein (Redwood City), Ann Ryan,

Ruth, Kadish and Jacqueline

Steiner (San Francisco), Larry

Johsens (San Jose: -- subject to.

(Con- ~

ACLU NEWS

:-February, 1962:

San Jose ACLU

Meets Feb. 4 To

Launch Chapter

On February 4 ACLU members

in the San Jose area (Santa Clara

Valley) will take the first steps

in getting their newly born chap-

ter underway. The meeting will

- be in the Little Theatre, on Cot-

tle, between Edwin Markham and

Willow Glen schools, at 7 p.m.

that Sunday.

`Chapter by-laws and officers

will be the order of business. In

addition the meeting will hear

Ernest Besig, executive director,

on the history and work of the

ACLU in Northern California.

chapter election February 4),

Edith Hammerslough and Mar-

garet Kates (San. Mateo), Dr.

Marvin Naman (Santa Cruz),

Jean Hedley (Sonoma), David

Rothkop (Stockton), Barbara

Suczek and Aron Gilmartin (Wal-

nut Creek-Lafayette). Member-

ship chairmen in the Mid-Pen-

insula and Sacramento areas will

be elected by their respective

chapters. oe

-J. H.

Page 3

William Winter

..- On Civil Liberiies

"We often tend to think of Democracy as a political

system that provides freedom,-freedom of speech,

freedom of worship, freedom of assembly. But that is a

negative aspect of Democracy. What is much more dis-.

tinctive about our political system is that sovereignty.

is retained by the Citizen, and public officials are not

the masters or the rulers of the people, but their agents

and servants. Thus it is not the government which pro-

vided freedom for the people, but it is the people who

forbid their government from interfering with their in-

herent human rights.

"The fact is that people have always been free to

speak and to think and to disagree, long before Democ-

racy was developed. At times tyrannous governments.

would try to suppress these human rights by persecuting

people who tried to exercise them. The first ten amend-

ments to our Constitution are not grants of civil liberties

to the people; rather they are limitations by the people

of government authority.

"Government officials sometimes forget these things,

and it becomes necessary for the people to remind them |

that civil liberties are the fundamental rights of the

sovereign citizens and must never be offended."

{At the ACLU's request, Mr. Winter issued the above statement defin- ;

ing the basic perspective from which he will view "Our Civil Liberties in -

the Current Crisis at the Santa Rosa ACLU meeting on February 9. For

complete details on meeting, see page: )

Discrimination Prohibited

N

' City College

ist Rent to

tight Wingers

A New York state judge ruled on January 3 that New

York City's Hunter College could not discriminate against

organizations asking to rent its facilities for public meetings.

With the backing of the New York Civil Liberties Union, the

National Review, a conservative weekly publication, had

brought a suit in the New York

state Supreme Court to compel

the college to lease its auditor-

ium for a series of forums spon-

sored by the weekly. The weekly

publication did for several years

hold symposiums in the Hunter

College assembly hall, but last"

June was denied use of the hall

for the following fall.

President's Explanation

Dr. John Joseph Meng, presi-

- dent of Hunter, said in explana-

tion of the college's action that

more than a year ago the seven

city colleges (now combined as

the City University of New York)

had been asked by the Board of

Higher Education to clarify their

regulations for renting facilities

to non-college groups. Hunter was

just about to submit its revised

regulations, he said, when the

application came in from the Na-

tional Review. The college's de-

- eision, which the Board approved,

was that the National Review did

not fit in with the revised cri-

teria.

Wm. Buckley Answers

At a press conference held at

the NYCLU offices in October,

William F. Buckley, Jr., editor

of the conservative weekly,

termed Dr. Meng's explanation

"misleading." In January, he said,

Dean Marx of Hunter had written

the weekly stating that because

of its sponsorship of an address

by Jacques Soustelle, a French

extreme right-wing leader, it had

become clear that the publica-

tion was "a political group pre-

senting a distinct point of view

of its own," and that Hunter was

"enjoined" from permitting its

facilities to be used as a forum

for such political groups. Buck-

ley said that he had written in

reply asking what law or ruling

enjoined the college from leasing

its facilities to the Review, and

stating the Review's intentions of

establishing that it is not a polit-

ical organization. That the point

of view expressed by the National

Review was the cause of the ban

was seen by the statement of a

Hunter College spokesman who

said the college would not be

available to organizations "

whose presence would tend to im-

pair the good name or the aca-

demic prestige of the College."

The school's facilities could be

used, he said, for programs of

outside groups "insofar as these

are determined to be compatible

with the aims of Hunter College

as a public institution of learn-

ing." 7.

Threat to Close Facilities

tion did not charge discrimina-

tion, but "in the public interest"

he granted Buckley an oppor-

tunity to return "with a proper

petition and proper proof." Judge

Markewich also warned. Hunter

against refusing to give Buckley

information on other organiza-

tions that have rented its facil-

ities.

College Action Improper

Although the suit was dis-

missed, Judge Markewich made

clear that he regarded the col-

lege's action as improper. He said

`Dr. Meng had confused two roles:

an educational institution, and

the custodian of a public build-

ing that may be used for non-col-

lege or university purposes. "In

the educational role,' Judge

Markewich said, the college

"may properly desire to maintain

impartiality, nonpartisanship and

denominational neutrality." How-

ever, he added, "As a mere land-

lord ... though it may exercise |

its discretion-to close its doors to

all comers without question, once

it rents to one group, it must

treat alike all other organiza-

tions in the same category, and it

may neither censor or deny un-

`less the program is per se un-

lawful or there is fair proof that

the clear and present danger of

disorder exists."

The New York CLU, which sup-

plied its general counsel, Stephen

C. Vladeck, as counsel for Buck-

ley, stated when it first entered

the case: " ... we feel that the

City and its agencies should be

fostering, rather than restricting

free speech, and that the respon-

sible administrators of municipal

colleges should not assume the-

role of censors."

Wirin Loses

The U. S, Supreme Court on

January 8 refused to grant a hear-

ing to A. L. Wirin, counsel for the

Southern California branch of the

ACLU, who had been denied a

notary commission because he re-

fused to subscribe to the Lever-

ing Act oath.

Volunteers!

ACLU Needs

You Now

Responses to the appeal for

members are flooding into the

office. We need every possible

volunteer who has an hour-

two or three-to check these

JOHN de J. Pemberton, Jr., who

succeeds Patrick M. Malin as nation-

al executive director of the ACLU

on April 1.

"Op. Correction"

Gets Wide

Distribution

Continued from Page 1-

this writing, 27 screenings are

scheduled for the future.

Comment About Film

From the Columbia College

Political Assembly at Columbia

University the ACLU. was_in-

formed "You may be interested

to know that it (Operation Cor-

rection) attracted a large audi-

ence of several hundred persons

and received enthusiastic re-

sponse."

From the ACLU of Oregon, we

learn that "Operation. Correc-

tion" had been shown to "two

small ACLU groups. It will be

shown to the International Rela-

tions classes at Beaverton High

School for two days next week-

after they have seen `Operation

Abolition' on prior days! We will

also furnish a speaker with whom

the students can discuss both

films during a two hour session

following, On January 19, we

will have a public showing of the

film in Eugene, sponsored by the

ACLU, -

State Education Station

"We have offered the film for

use by the state education sta-

tion and it is possible that both

films will be shown with some

commentary by persons with op-

posing views.

"We certainly appreciate the

work of the ACLU of Northern

California and your willingness

to let us ride along with your

efforts. In addition to the film,

of course, we still have good use

for the tapes we purchased from

KPFA covering the seminar of

last March."

Challenge to

investigator's

Powers Dropped

The NEWS reported last month

that the ACLU planned to appeal

the decision of Judge Alfonso

Zirpoli of the United States Dis-

trict Court that Lum Yen was re-

quired to appear and give testi-

mony before an investigator of

the Immigration Service. The

ACLU has now withdrawn from

the case since Lum Yen decided

it would be in his best interests

Free Speech of

American Nazi

Party Upheld

The right of American Nazi Party leader George Lincoln

Rockwell to a speaking permit in New York City in effect

was upheld recently by the U.S. Supreme Court. Without an

opinion the high court refused to review the New York Court

of Appeals' unanimous affirmance of a ruling by the state's

| Appellate Division that the State

Supreme Court had erred in deny-

ing a permit to Rockwell to hold

a meeting in Union Square.

Echo Hitlerian Ideas

Rockwell, a resident of Arling-

ton, Va., and his followers wear

storm trooper uniforms with

swastika armbands and echo Hit-

dJerian ideas, racism in general

and anti-Semitism in particular.

They have been involved in inci-

dents in New Orleans, Philadel-

phia, and Boston, where their

picketing outside movie houses

where "Exodus" was playing was

vigorously opposed. :

Affiliates of the ACLU, wher-

ever Rockwell's freedom of

speech and other rights had been

restricted, have intervened de-

spite what the New York CLU

termed the "hateful character" of

his views. Emmanuel Redfield,

"A Rose Is a

Rose Is...

but a name is a likely ACLU

member.

Those you recommend are the

seedlings for civil liberties in

healthy full bloom. Carefully

tended, they grow into members,

enriching ACLU's work and ac-

complishments. Almost half of

last year's new members came

directly from prospects you re-

ferred to us. Their number and

proportion will increase with the

thoughtfulness and time you give

to the name's appeal. But please,

hurry them in.

Membership committees in area

after area are anxious to get go-

ing-with meetings, parties and

other get-togethers set on their

calendars. That's why we've

rushed the appeal for names,

sending you the two in this one

month. If you haven't answered

yet, the second one is your re-

minder that we need your names

NOW,

The membership drive opens

March 19. Your names make it.

Preliminary work takes weeks of

concerted effort. It all depends

on you: the drive's success, a

stronger ACLU, a population edu-

eated to appreciate what our his-

toric freedoms mean and a cli-

mate of public opinion that sup-

ports the rights and dignity of the

individual.-J. H.

The first right of a citizen

Is the right :

To be responsible.

NYCLU counsel, represented

Rockwell in his suit against Park

Commissioner Newbold Morris

challenging the denial of the per-

mit.

Government's Position

The Commissioner had charged

that Rockwell's speech "would

create serious disorder-a clear

and present danger." Justice

Henry Epstein of the state Su-

preme Court agreed, asserting

that "It is not within the reason-

able scope of the Bill of Rights

. .. to loose self-confessed, advo-

cates of violence .. . where it is

inevitable that public disorder

and riot will result, . ..." The

NYCLU_ contended, however,

that "the possibility or even

probability of public dissension

and disorder from speech is no

ground for stifling speech," and

that the denial because he "prob-

ably will utter offensive words"

was an "exercise of censorship."

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The Appellate Division sup-

ported the NYCLU position. Its

4-to-1 opinion, written by Justice

Charles D. Breitel, stated that if

Rockwell does not speak crimi-

nally, then, of course, his right

to speak may not be cut off no

matter how offensive his speech

may be to others." It condemned

"prior restraint of the expres-

sion of views, unless it is demon-

strable .. . that such expression

will immediately and irreparably

increase injury to the public

weal," and held that "the unpop-

ularity of views... even their

alarming impact is not enough."

Application to Freedom Riders

This argument, propounded by

the ACLU, was adopted by the

U.S. Department of Justice in

several recent friend of the court

briefs on behalf of arrested Free-

dom Riders in Alabama and Mis-

sissippi, The government's brief

quotes extensively from Justice

Breitel's opinion and includes the

distinction that ". . . if the

speaker incites others to immedi-

ate unlawful action he may be

punished - in a proper case,

stopped when disorder actually

impends; but this is not to be

eonfused with unlawful action

from others who seek unlawfully

to suppress or punish the

speaker." :

JOIN TODAY

p 151

AMERICAN CIVIL LIBERTIES UNION

OF NORTHERN CALIFORNIA

Patron Membership... 0... .0 ssc sens snes css 9100

to attempt to cooperate with the

immigration officers by giving

them the information they de-

sired rather than. challenging

names against the member-

ship files. We need typists te

make out labels. We also need

people to stick labels on cards

Before the January 3 court de-

cision, Dr. Meng had stated that

Hunter welcomed the court test,

ct ,

a ee ae sg eetes ae Te ache ae sey te ele he Sustaining Membership... 252. icc es cee ccets ee 20

? ee 5 es ing ca ` os : a : A

eee oe te Cee eae in the offige. "Typing and label- The ACLU's position on the Business and Professional Membership .......--s+++ 25

b ee fe aeeuibly ne and sticking can also be done at case was that. compulsory testi- Family Membership .....cccccccccccccveusvescce 12

I tsid nome. Peony pelore an ese 2 Rscociate Merfibershi oe 10

playhouse to all outsiae groups, distinguished from testimony be- S { p cee eee eee eee tse e@enreee ee ee

Morning, afternoon or eve-

ning, if you're planning a

downtown date or shopping

trip, stretch it a bit to give

ACLU some of your time. A

little from many adds up to a

considerable job. Those who

can give a morning or after-

noon each week make an even

bigger dent,

Call Jeannette Harris at the

ACLU offiee if you can help.

(EX 2-4692.)

which would include the Little

Orchestra, the Princeton Triangle

Club, the Blue Hill Troupe, and

Brandeis University.

In his January 3 ruling Su-

preme Court' Justice Arthur

Markewich dismissed the suit on

a technicality because Buckley's

petition did not state sufficient

ground. He noted that the peti-

Annual Membership ..... 3. . 0sccuctccescesesscs 6

Junior Membership (under 21) ........sccccccvceee' 2

ACLU News Subscription Seo e co as eee 9200

fore a hearing officer or Immi-

gration Service Special Inquiry

Officer, where proceedings are

quasi - judicial-violates constitu-

tional guarantees of liberty and

freedom from governmental re-

straint, and that the grant of an

analogous power to the FBI or to

a state district attorney to inter-

rogate witnesses concerning a

suspected law violation would vio-

late the 5th and 14th amend-

ments,

NAME CoSHSHSFSHSHSSHSCHHSHOHHSHSHHAHTESHSHSHEHHHSHFSCCHSHFTHHTSEHSSHEHEHBOHOHS

ADDRESS .

TELEPHONE NUMBER.......+e22e00+- AMT. ENCLOSED... c00ee0s

503 Market Street

San Francisco, 5

eSHSKSHHKSESHHKHSHSHHSHHHTCHTHSHHFSHFSHSHSSEHHTEHEHEFHHHSHEHHHOS

ACLU NEWS

February, 1962

Page 4