vol. 27, no. 4

Primary tabs

American

Civil Liberties

Union

Volume XXVII

San Francisco, April, 1962

Number 4

Physical Persecution

eportati

on To

Taiwan Faced In

Political Case

_ A San Francisco Chinese is faced with deportation to

Formosa where he may suffer physical persecution because

of alleged Communist sympathies. The Immigration Service

claims the man entered the country illegally on August 1,

1949. An alleged "paper father" and an uncle testified against

him. They acknowledged their

status in the country had been

adjusted, and that they had been

induced to confess through as-

"surances that the Immigration

Services was not after them but

merely the respondent because

of his alleged Communist sym-

pathies.

Membership In Club

The political charges stem

from the respondent's member-

ship in the Chinese American

Youth Club, also known as the

San Francisco Chinese American

Democratic Youth League. Sev-

eral years ago the Army sought

to give "Undesirable" dis-

charges to persons who had be-

longed to that organization. They

alleged at the time that "The

San Francisco Chinese American

Democratic Youth League is an

organization which supports and

serves the interests of the Peo-

ple's Republic of China and the

Union of Soviet Socialist Repub-

lies in preference to the inter-

est of the United States," even

though it was not on the Attor-

ney General's list of subversive

organizations, In all cases, the

individual, after a hearing, re-

ceived an "Honorable" separa-

tion or discharge.

The ACLU was recently pre-

pared in an administrative hear-

ing to prove that its client would

suffer physical persecution if de-

ported to Taiwan. On the date of

the hearing, however, the matter

was postponed at the Govern-

ment's request. It claimed it

wasn't prepared. No new date

for the hearing has as yet been

fixed.

Confession Program

There is no doubt that most

of the Chinese who entered the

eountry as children of citizens

did so under false identities.

Several years ago, the Attorney

General promised that if such

persons came forward and con-

fessed they would be accorded

the maximum relief possible

under existing laws and regula-

tions.

Conformity Required

In carrying out this promise,

however, the Immigration Serv-

ice imposed a test of political

conformity. Anyone suspected

of being critical of Chiang

~ecouldn't confess and adjust his

status; he would be deported to

Formosa which has a special way

of dealing with alleged Com-

munist sympathizers.

One member of the Club who

wasn't allowed to confess was in-

dicted and convicted on a fraud

charge. His name is Dere Kai

Gay. Another member of the

Club was indicted for failing to

surrender a certificate of deriva-

tive citizenship. The charge was

dropped after he was indicted

for making false representations

in securing the certificate, After

a trial on the latter charge, he

was acquitted. Now the Govern-

ment is pursuing deportation

proceedings against him,

_ cross-examination,

`has been given until May 18 to

Another Indictment

`Another member of the Club

has also been indicted for fail-

ing to surrender his certificate

of derivative citizenship, which

the Service claims was secured

fraudulently. Apparently, that

charge will be dropped after the

Grand Jury in Tacoma indicts

him on a charge of fraudulently

securing the certificate, If he

beats that case, the Government

will, no doubt, seek to deport

him. Since he is a veteran, how-

ever, he may try to adjust his

status but the Service will, no

doubt, resist his application on

the ground that he is politically

unacceptable.

Another Club member and

veteran recently had his certi-

ficate of derivative citizenship

cancelled after an interview. The

Government showed the affida-

vits of a couple of witnesses but

refused to produce the affiants for

surrender the certificate, The

ACLU is considering appropriate

court action.

Sick Alien

Prevented From

Leaving Country

The Immigration Service last

January 19 prohibited the de-

parture from the United States

of a very sick alien Chinese

- woman who wanted to join her

husband on Macao. They acted

under a war-time measure that

is still in effect and claimed her

departure was prejudicial to the

best interests of the

States, 5

When a hearing was requested,

as allowed by statute, the Immi-

- gration Service claimed the alien

was a material witness in inves-

tigations relating to her husband,

her brother-in-law, also in Macao,

and a daughter-in-law, who re-

sides in San Francisco. The

brother-in-law has resided in

Macao for six or seven years.

The alien was unable to attend

but statements were introduced

from her physician showing she

is half blind and suffers from cor-

onary arteriosclerosis and diabe-

tes. "She can hardly walk 100

feet without assistance." At the

present time she weighs 82

pounds.

In fact, last November an Im-

migration Service investigator

-testified that when -he went to

see her she was bedridden and

obviously so ill that he didn't

attempt to serve a subpoena upon

her. Her doctors feel that if she

were able to join her husband it

would contribute to her well-

being.

ACLU counsel suggested that

the woman be examined by a U.

S. Public Health physician to de-

termine whether she is able to

withstand questioning. This was

agreed to, but at this writing the

Immigration Service has failed to

arrange for the examination.

ACLU Wins

Housing Case

The State Supreme Court in

a unanimous decision ruled on

March 26 that the sale of tract

houses is a "business" under

the Unruh Civil Rights Act

barring discrimination in "all

business establishments of any

kind whatsoever." In the case

of Burks v. Poppy Construc-

tion Company, handled by AC-

LU staff counsel Marshall W.

Krause, the court also upheld

the constitutionality of the

Unruh Act and the Hawkins

Act, banning discrimination in

certain types of publicly as-

sisted housing. The Burks

case was one of four discrimi-

nation cases covered by the

court's decision. Two other

ceses involved rentals of apart-

ments while the remaining

case involved the sale of a

house by a broker on behalf of

a discriminating owner. The

decision came down too late

for adequate coverage in this

issue of the NEWS. A more

complete report will appear in

the May issue of the NEWS.

lent Groups

`The following ACLU Statement of Principles

for Regu-

lation of Student Organization at Colleges and Universities,"

was adopted by the Board of Directors of the ACLUNC at

its regular meeting on February 8, 1962:

The principles set forth in this statement are predicated

on several propositions which are

widely accepted by students of

education and democracy, and

which may be summarized as fol-

lows:

1.In our democracy colleges

and universities have tradi-

tionally been given a large .

measure of independence

from interference by govern-

ment in their academic func-

tioning. In turn, their re-

sponsibility is to honor this

independence by performing

their educational task com-

petently and without fear.

Part of that task is to pre-

pare students for citizenship

in our system of democratic

government.

2. Unrestricted exposure to

ideas and free and open-

minded inquiry lie at the

heart of good education.

The-veteran -

United

Writs Denied

in Teaching

Credential Cases

San Francisco Superior Court Judge Byron Arnold has

denied the petition of William and Rita Mack, former Red-

ding school teachers, for restoration of their teaching creden-

tials, which were revoked by the State Board of Education.

ACLU counsel Marshall Krause filed the

of the Macks and it was opposed

by Deputy Attorney General

Wiley Manuel.

Levering Act Oath

The Macks were accused of

unprofessional conduct because

when they took the Levering Act

Oath required of teachers they

stated that they had not for the

past five years been members of

an organization advocating the

violent overthrow of the govern-

ment whereas by their own pub-

lic statements they had been

members of the Communist Par-

ty until the Hungarian Uprising

caused them to resign. The Macks

testified that they did not be-

lieve that the Party advocated

violence during the period of

their memberships and that they

never heard any member of the

Party urging violence or talking

about violence.

Karl Prussion

The State Board of Education

held that they should have an-

swered affirmatively to the Lev-

ering Act Oath and relied on the .

testimony of professional anti-

communist Karl `Prussion that

every member of the Communist

Party "knows" that its every ac-

tion is toward the aim of violent

overthrow of the government.

Whether this is true or not, it

`certainly seems clear that even

members of the Party could be-

lieve the official line that peace-

ful co-existence and gradual

governmental change are the

aims of American communists.

Appeal Due

Judge Arnold refused to hear

any testimony on the credibility

of witnesses so that the Macks

were denied the opportunity to

convince the judge of their sin-

cerity and the ACLU was denied

the chance to test Prussion's

credibility concerning his multi-

farious charges such as that there

is a communist member of the

~ State Legislature. Judge Arnold's

decision will be appealed to the

District Court of Appeal.

-M.W.K.

petition on behalf

Mass Case

Before S. F.

Superior Court

John W. Mass, former City Col-

lege English Instructor, may be

starting on another trip to the

appellate courts, Readers of the

News are aware that the ACLU

has had two appellate court de-

cisions in his favor already but

the San Francisco School Board

refuses to reinstate him to his

former position and pay him back

salary. The case is now before

San Francisco Superior Court

- Judge Byron Arnold (who de-

cided the Mack cases adversely,

see elsewhere in this issue) on a

petition for a writ of mandate to

require the Board to follow the

law.

Judge Arnold has indicated

that he feels that Mass' failure

to answer questions before the

House Committee on Un-Ameri-

can Activities in 1953 is still a

relevant issue in the case. If he

persists in this opinion another

appeal will' be required. The

Board has also argued that since

Mass did not renew his teaching

credential in 1956 and had no

credential until 1960 he is not

entitled to reinstatement. The

ACLU's answer to this argument

is that Mass was suspended from

his employment during

period and was not permitted to

teach and therefore did not need

a credential. The argument be-

fore Judge Arnold is scheduled

to continue on March 29, too late

to be reported in this issue of the

News.-M.W.K. -

Wiretapping

On or about April 9, the ACL-

UNC will have available at 15c

per copy a supply of a new 20-

page pamphlet entitled "The

Wiretapping Problem Today," a

report of the American Civil Lib-

erties Union.

this

3.On campus activities of stu-

dents outside the class room

are an integral and impor-

tant part of their total edu-

cational experience, and the

"opportunity for students to

meet and deal with ideas

needs to be just as free in

one place as in the other.

_It follows from these premises

that regulation of student organ-

izations by a college or univer-

Sity is part of its total educa-

tional policy. As such, student

regulations should be designed to

contribute to the total educa-

tional purpose of turning out not

merely graduates but the indis-

pensable human material for a

continuing democracy. ei

Written regulations. Orderly

campus life requires that stu.

dents be subject to regulations.

These regulations should be de-

veloped in sufficient detail and

`Should be issued in written form

aNd Made available to students.

Formation and registration of

student organizations. Students

should be free to form and join

any legal organizations having

educational, political, social or

cultural purposes without regard

to whether such organizations

have off-campus affiliations. Any

student organization wishing to

use campus facilities may be re-

quired to confine its member-

ship to bona fide students, to

tion, to have an adviser of its own

choosing and to supply informa-

tion about its purposes, affilia-

tions, officers and activities.

Use of campus facilities. Sub-

ject to uniform and non-discrimi-

natory standards, student organ-

izations should be permitted to

use bulletin boards and other

means of publicizing meetings

and to distribute leaflets and lit-

erature and circulate petitions

on campus.

Meeting rooms and other fa-

cilities should be made available

for use by registered student or-

ganizations where such use does

not conflict with other official

exercises. The campus adminis-

tration may require appropriate

advance notice of meetings and

may deny use of facilities for

fund raising purposes. Subject to

these limitations, student organi-

zations should be permitted to

use campus facilities for any kind

of lawful meeting, including

membership meetings and meet-

ings to hear speakers of their

choice. 5

Student publications. Edito-

rial staffs of student publications

should enjoy as far as possible

the equivalent of freedom of the

press.

The ACLUNC will seek to se- |

cure the application in the vari-

ous colleges and universities of

the foregoing principles.

in This Issue...

ACLU Policy Statement:

Restrictions on Speech

of Military Men p.2

Board Nominations, Please! p. 3

Religious Holiday Observ.

ances: National ACLU

Statement Under Attack p.3

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

_ Br. Alfred Azevedo

Theodore Baer'

Prof. Arthur K. Bierman

Rey. Richard Byfield

Prof. James R. Caldwell

John J. Eagan

Samuel B. Eubanks

Prof. Van D. Kennedy

Rey. F. Danford Lion

John 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 of

Committee of Sponsors

Prof. Charles Muscatine |

Prof. Herbert L. Packer

William M. Roth

Clarence E. Rust

Prof. Nevitt Sanford

Mrs. Alec Skolnick

Mes. 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

Rey. 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. Rey. Sumner Walters

Stanley Weigel

Franklin H. Williams

PROMISING START IN (c)

MEMBERSHIP CAMPAIGN

Less than a month after membership campaign mailings

by the ACLU, 108 persons answered, 94 to become members

and 14 to subseribe to the NEWS. Nineteen of these new

members couldn't wait to be invited to join. They took the

opportunity of the first mailing-just a past NEWS issue with-

out solicitation or even a mem-

bership: envelope-clipped the ap-

plication coupon and sent in

their dues. In contrast, last year

only one new member came in

with such jet propulsion.

Figures Since January

Since the beginning of the year

(as of March 22) 244 persons

have joined the ranks of civil lib-

erties. San Francisco leads the

way with 53. Berkeley follows

~ with 38. Sacramento with 28 and

Santa Clara Valley with 14 new

members are other areas of

strong response. At this early

date in the drive these figures

are only symptomatic of poten-

tial developments. Many other

areas are displaying sharp prog-

ress over last year. Membership

committees working in their lo-

ealities are doing the spade work.

Their person-to-person contacts

will produce the final results.

Talking ACLU-what it stands

for and what it does-is the best

way to build up the literacy level

in civil liberties. With that comes

the support.

March Meetings

Committees in Castro Valley,

Sonoma, Stockton and Santa Clara

Valley held meetings for prospec

tive members the end of March.

The office made arrangements

for their speakers: Van D. Ken-

nedy, board member and U. C.

professor of industrial relations;

J. Michae] Heyman, U. C. profes-

sor of law; and Nathaniel] Colley,

member of the State Department

of Education, respectively. They

and a roster of other speakers are

eager for more engagements in

the ACLU arena, The Santa Clara

Valley chapter centered its pro-

gram around "Operation Correc-

tion."

Future Meetings

Committees in other areas have

a variety of meetings in the plan-

ning stage. San Mateo is setting

up a panel discussion with a law

professor, a psychologist and our

ACLU NEWS

APRIL, 1962

Pade 2

board chairman, Howard Fried-

man. The Oakland committee has

_arranged for Ernest Besig to ad-

dress the Central Labor Council.

San Francisco has several house

parties on its calendar to follow

up its public meeting of early

March. Richmond is thinking

about a musical evening, to the

tune of "In Key with Civil Lib-

erties" or some other appropriate

note. Ideas and plans vary with

each area and committee. The

office is prepared to help bat

around the one and work out the

other.-J. H.

`Correction'

Shown in

Fremont

"Operation Abolition" and

"Operation Correction were

both shown at the Washington

Union High School in Fremont

on Sunday, March 11, by a group

of local ACLU members and non-

members under the chairmanship

of Jean Wasmann.

A debate on the topic: "Re-

solved the House Committee on

Un-American Activities should be

Abolished," between James Mo-

ran, Chairman of the Hayward

Chapter of the Young Americans

for Freedom taking the negative

position and Irving Hall an hon-

ors graduate and graduate stu-

dent in the University of Cali-

fornia's Department of English

at Berkeley taking the affirma-

tive position, was scheduled to

follow exhibition of the films but

had to be cancelled due to Mr.

Moran's last minute withdrawal.

Mr. Moran stated that the pro-

gram's sponsorship had been mis-

represented and that "I will not

lend my name or participation to -

any program sponsored by the

ACLU, which is notoriously

known for their continual de-

fense of Communists and cham-

pioning of Communist causes." -

In place of the debate, Mr. Hall

talked about "Operation Aboli-

tion" and then answered ques-

tions from the audience.

Civil Liberties

Called Active

Dynamic Faith

Advocacy of free expression

and the guarantees of due pro-

cess and equal protection for

everyone constitutes an `"inspir-

ing" program deserving energetic

support, the incoming executive

director of the American Civil

Liberties Union declared _ re-

cently.

First. Talk

In his first talk since his ap-

pointment was announced, before

the annual luncheon of the New

York Civil Liberties Union, John

De J. Pemberton Jr. argued that

the "dogmas of freedom" need

safeguarding more than ever in

"erises of the present kind." He

emphasized that contrary to

charges that " `fuzzy-minded

persons in the middle" have no

commitment to an ideology, civil

libertarians have an active faith

which is vitally important in to-

" day's world." J :

Dare Not Forget

"We dare not forget that men

do not rally themselves in a sus-

tained life and death struggle for

only utilitarian social benefits.

On the other hand men have

done just that for freedom... .

It is our practice not precept

that puts flesh and blood of dyna-

mism on the skeleton of moral

principle. In each hated idea for

which we can obtain a forum,

in- each door we can open for

those who have been the objects

of bigotry, in each act of injus-

tice for which we can obtain re-

dress we. give meaning - for

ourselves as much as for others

- to our precepts. So clothed

with meaning, the precepts of

the American revolution will be

found adequate to serve the need

for a revolutionary ideology in a

world torn by revolutionary im-

pulses."

Supporting constitutional safe-

guards for freedom, Pemberton

held can provide "an inspiring,

and yet morally sound banner"

that should appeal to those who

have sought an all-important faith

in organizations of the extreme

right.

Never-ending Struggle

"Wein the American Civil Lib-

erties Union treat as accepted

dogma the _ proposition that:

`What is done unto anyone, may

be done unto everyone.'"' Pem-

-berton said. "And we assume that

the struggle for individual free-

dom is never-ending, not only

that deficiencies in the applica-

tion of constitutional standards

must constantly be attacked and

corrected, but also that the stand-

ards themselves must be able to

yield new definitions and provide

new boundaries when tested by

new situations and new chal-

lenges. ... Our dogmas of free-

dom deserve our loyalty because

they hold a prime position in a

moral order that can command

the allegiance of men. They de-

serve our energy and our zeal

because they are right, not

merely because they are socially

useful. They command our hearts

and emotions, not merely our

minds."

J. Edgar Hoover

"ft want to say also that I

feel it would be far better for

Americans to remain silent

rather than to make unfound-

ed charges that various indi-

viduals are Communists. It is

not unusual for Communists

to mouth opinions which coin-

cide with these of many loyal

citizens. There is a growing

tendency today for people to

label anything or anyone with

Communists. Such rash accu-

sations only divide and weaken

us and give aid, comfort and

assistance to the enemy.-U.S.

News, January 1, 1962,

ACLU Policy Statement

whom they do not agree as |

Restrictions on the speech of military personnel imposed

to "prevent a mistaken belief that they are stating govern-

ment policy" raises no civil liberties issue, the national board

of the American Civil Liberties Union declared last month.

Concluding a six-month study of the free speech rights of

the military stimulated by cur-

rent charges of alleged censor-

ship of military personnel, the

civil liberties group also declared

that the "monitoring of speeches

and articles of serving military

officials on matters involving the

formulation or execution of pub-

lic policy does not present a

civil liberties issue."

The Union's views were dis-

closed by the chairman of its

Board of Directors, Ernest An-

gell, who released the text of a

policy statement adopted by the

Board and submitted to the Spe-

cial Preparedness Subcommittee

of the Senate Armed Services

Committee in Washington. The

Subcommittee is holding hear-

ings on charges of alleged cen-

sorship of military officials.

The complete text of the state-

ment follows:

Origin of Statement

The questions here considered

arise out of what to many seems

an increasing intervention by

military officers in political is-

sues. They have been posed by

Major General Edward A. Walk-

er's attempt to indoctrinate his

troops in the tenets of the John

Birch Society; by the participa-

tion of serving military officers

in "public information pro-

grams" and "seminars" on the

"cold war' sponsored by private

pressure groups, and by

speeches and articles by high

military officers, often with a

content strongly affecting do-

mestic or foreign policy. What

should be the civil liberties at-

titude toward matters of this

character? We will attempt to

confine our remarks to civil

liberties issues only while recog-

nizing full well that there are

many public policy considera-

tions involved which are outside

our field of interest.

1. The Right of the Military

to Freedom of Expression

In the opinion of the American

Civil Liberties Union the right

of free speech should not be

curtailed because it is exercised

by military men. At the same

time, military men have no

greater right to free expression

than other governmental offi-

cials.

It is true that the permanency

of tenure, the rank and the pres-

tige of higher military officers

gives them a standing in the

community-especially in times

of national peril-disproportion-

ate to their real expertise in

political issues which they may

discuss. The same, however, may

be said of `the scientists" or

other particularly admired pro-

fessional groups.

Special Issues

It is also true that the hier-

archical character of the military

establishment raises _ special

issues. About 2.5 million Amer-

ican citizens are now under mili-

tary discipline. Their right to

vote is ensured by law, but other-

wise they are excluded from the

normal operation of the demo-

cratic process. They constitute a

large, unavoidably hierarchical

community embedded in the

American democratic system.

Their relation to the democratic

process, to their superiors, their

inferiors and the community of

which they are the sworn agents

has raised many difficulties, and

will raise more. In the view of

the ACLU these do not, how-

ever, affect the basic principle

that the right of free speech

should not be curtailed because

it is exercised by military men;

while military men have no

greater right to free expression

than other sworn agents of gov-

ernment,

Prohibitions

Thus, military men, like other

. persons, may not discuss classi-

fied information. They may not,

under the Hatch Act, participate

in partisan political campaigns

(from which they are `also de-

barred by tradition and regula-

. tion long antedating the Hatch

Act). They may not, of course,

incite their troops to mutiny. In

addition, higher military offi-

cials, like important non-military

officials may, while they hold -

such positions, justifiably be

limited in what they say on mat-

ters affecting the formulation

and execution of policy.

This limitation is required for

a variety of reasons. It is re-

quired in order that the public

at large and foreign powers will

not mistake their personal utter-

ances for official government

statements or reflections of gov-

ernment policy. It is required

in order to prevent high mili-

tary officers from utilizing their

position to undermine superior

civil policy. It is required in or-

der to insure that political utter-

ances made in good faith by

high officers do not inadvertant-

ly disrupt diplomatic or policy

negotiations. For all these rea-

sons We see no Civil liberties

issues presented in the monitor-

ing of speeches, press releases,

magazine articles or books of

high officials (military and non-

military) while they remain in

active service.

Form Of Limitations

The form such _ limitations

shall take has raised a number

of questions, but it is believed

these are of an administrative

character. The determination as

to what officers are to be sub-

ject to such limitations; wheth-

er speeches and articles are to

be reviewed by low-ranking or

high-ranking officers; whether

they are to be pre-censored or

scanned only after utterance,

subject to reprimand if improper

material has been included, are

all administrative matters to be

decided by competent authority

and present no civil liberties

issues,

Expressing Dissent

If a government official -

military or civilian - disagrees

with his superiors on important

policy matters there are various

courses open to him. He may, of

course, keep silent. He may (as

he now normally does) privately

express his disagreement within -

his organization, He may resign

and express his disagreement

publicly. Or he may publicly ex-

press his disagreement' without

resigning. In the last case, the

consequences may possibly be

reprimand or dismissal; if so,

this will not raise any issue of

free speech. The problem is not

substantially different from a

-Continued on Page 4

"Religious Holiday Observances"

An October 9, 1961 policy statement by the national

Board of Directors of the American Civil Liberties Union on

"Religious Holiday Observances" has resulted in strong dis-

sents from most of the branches and finally in reconsidera-

tion of the statement by the national board. The board dis-

cussed the matter on March (c)

but reached no final conclusion,

Pfeffer Resigns

The controversy was touched

off by the resignation of Dr. Leo

Pfeffer, distinguished authority

in the Church-State field, from

the ACLU's Church-State Com-

mittee last October 30. He sent

copies of his letter to the af-

filiates and to the New York

press.

In his letter, Dr. Pfeffer said

he had been "forced to the re-

luctant conclusion that the Na-

tional Office had decided that

the long-standing uncompromis-

ing position of the ACLU on the

separation of church and state

must be replaced by a more

`moderate' position, and that the

new Church-State Committee was

to be a means to effect that

end."

Religious Composition

In particular, Dr. Pfeffer was

shocked by the language of para-

graph 5 of the statement. "Ap-

parently," said he, "it is now the

position of the ACLU .. . that

the `religious composition of the

community' is an important if

not critical factor to be consid-

ered in determining whether

particular religious holiday ob-

servances in the public school

are permissible or impermissible,

so that such observances may be

accepted if the percentage of

non-Christian children in the

school is small while the same

observances should. be opposed

if the percentage is large.

Local Branch Dissents

"The notion that constitutional

liberties depend on majority

- vote,' Dr. Pfeffer went on to

say, "is one that I could never

accept." It is a point that dis-

turbed the local board of the

ACLU as well and after seeking

without success for. a clarifica-

tion of the particular language

it voted to urge the national

board to strike the offending

paragraph (5) and paragraph 6

as well. That latter paragraph

seems indirectly to approve of

religious holiday observances in

the public schools,

Ernest Angell, chairman of the

ACLU's national board, issued a

lengthy public reply to Dr. Pfef-

fer's letter of resignation which

didn't satisfy the branches.

Branch after branch continued

to attack the national board

statement, and discussion of the

problem by the national board

was postponed from time to

time to allow more local

branches to express their views.

Another Issue

In the meantime, the South-

ern California branch of the

ACLU has objected to the na-

tional board's position with

respect to public aid to denomi-

national colleges and uwuniversi-

ties. The national board voted

approval of federal loans or

grants to those church - related

colleges "(a): whose students

and faculty members are not re-

quired to be adherents of the

religious group with which the

institution is linked; (b): which

do not make

the particular faith a required

part of the curriculum; and (c):

whose instructional program is

committed to the hands of those

charged with educational rather

indoctrination in 0x00B0

than religious responsibilities."

Just what institutions are cov-

ered by this definition the na-

tional board has not stated.

The local branch of the ACLU

has referred this matter to its

Church-State Committee, and it

will come before the biennial

conference of the organization in

New York next June. In the

meantime, however, the policy

is being urged on members of

Congress by the national office.

Transportation Issue

Also, over the objections of

Kenneth Greenawalt who drafted

the ACLU's brief in the Everson

case, the national Church-State

Committee has decided by a one-

vote margin to recommend to

the national board a reversal of

its position against free trans-

portation for parochial school

students. The local ACLU board

reaffirmed its position against

free transportation last May. The

national board has not yet con-

sidered its Committee's recom-

mendation.

Other Issues

The question of other bene-

fits such as free text books to

_parochial schools is under con-

0x2122

sideration by the national

Church-State Committee. The

Florida branch has requested

the. national board not to make

"any further changes in the old

Church-State position until the

1962 Biennial Conference."

Following is the complete

statement of the national board's

position regarding `Religious

Holiday Observances" which is

under attack by the branches:

Religious Holiday Observances

Statement adopted by National

Board October 9, 1961.

When a Christmas or other

religious holiday observance in

the public schools or on public

property is criticized in the

community as violative in spirit

of the principle of separation of.

church and state, each affiliate

will reach its own conclusions as

to whether the incident merits a

protest. In reaching these con-

clusions, the following princi-

ples should be kept in mind:

1. The teaching of religion in-

the public schools is barred by

the Constitution.

2. In the opinion of the Union,

the practice of daily bible read-

ing and organized prayers repre-

sents a form of indoctrination,

which should also be barred.

3. The teaching of religion

should be distinguished from

teaching about religion or re-

ligions, which is not so barred.

4. Interpretation of the mean-

ing of religious holidays with the

purpose of deepening the stu-

dents' understanding of the vari-

ous religious traditions within

our culture is permissible.

5. In weighing school policies

on religious holiday observances,

affiliates should keep in mind

the social and religious. composi-

tion of the community. The test

should be to decide whether the

practice in question is part of

an attempt to indoctrinate pu-

pils with a program of religious

teaching. If so, it should be op-

posed; if not, it should be con-

sidered an expression of the cul-

tural heritage of the community.

6. The right of individual stu-

dents not to participate in any

type of religious holiday ob-

all eligible for re-election.

25.

board next November 1.

April 30."

sent of the nominee."

bers of the ACLU.

The By-Laws also provide that "In a

The terms. of the following two members of the Board

Northern California expire next October 31 and, having served two consecutive terms,

they are ineligible for re-election until they have been off the board for one year:

Theodore F. Baer, who directs his own advertising and public relations business, and

Howard A. Friedman, present Chairman of the Board of Directors, architect and part-

ner in the San Francisco firm of Schubart and Friedman.

The terms of three other board members also expire next October 31, but they are

They are: Sam Eubanks, Secretary Bay Area Newspaper

Guild; the Rev. Harry B. Scholefield, minister of the First Unitarian Church, San Fran-

cisco, and one of the board's three vice chairmen; and Mrs. Martin Steiner, San Fran-

cisco, lawyer and housewife.

The By-Laws provide for a Bo

The By-Laws require that the NEWS "shall carry an invitation to the Union's mem-

bership to suggest names to the nominating committee, and such names must reach the

Union's office not later than April 30 in order to receive consideration. The nominating

committee shall consider such suggestions but shall not make any nominations until after

Please send your suggestions for board members to the ACLU, 503 Market Street,

San Francisco 5, Calif., giving as much biographical information about your candidate

as possible. In making your suggestions, please bear in mind that board members must

be ready to defend the civil liberties of ALL persons without distinction; that they are

expected to attend noon meetings in San Francisco the second Thursday of every month

except during August, besides serving on committees, and, of course, they must be mem-

od of Directors composed of "not less than (15), nor

more than thirty (30) members." At the present time, the board has a membership of

If all of the available places are filled, there would be seven new members on the

ddition to the foregoing method of proposing

names to the nominating committee, members may make nominations directly to the

Board of Directors in the following manner:

nominations may be submitted by the membership directly to the Board of Directors,

provided each nomination be supported by the signatures of 15 or more members in

good standing and be accompanied by a summary of qualifications and the written con-

Not later than August 1 of each year,

Directors of the ACLU of

The Personal

Side of Civil

Liberties

In answering the appeal for

names of potential members, sev-

eral members took time out to

write a note along with their

list of friends recommended for

membership. Their observations

make interesting sidelights into

history, past and present, suggest-

ing how directly general condi-

tions can affect a person.

One old-timer, encircling the

number of new members who

joined last year, 1183, noted: "This

is the number of miners deported

in 13 stock cars at Bisbee, Ari-

zona, in 1917. I was tarred and

feathered for refusing to fire the

train and was run out of Doug-

las a few days later."

Under the call for volunteer

help, another typed: "At this

time I cannot do as much ag I

could about the time of the be-

ginning of the ACLU when it

was having a really hard time.

Then I was associated with J:

Stitt Wilson, who was devoting

_much time and effort to the move-

ment, which he considered of

such great importance.... But

my early experience taught me

the value of your work, and I

shall continue to recommend it

at every opportunity."

Out of the same pioneering era

came the laconic admonition that

"There must be enough young

people to carry the work on with-

out us oldsters."

As if in answer, several days

later, a member thousands of

miles away reported. "Have been

circulating `our' newspaper

among the faculty here. Great

interest, though not always com-

plete agreement, has been ex-

pressed on its content. I will be

available for volunteer work upon

my return to the San Francisco

area this fall. Meanwhile, thank

you for your continued contact.

It does one good to be reminded

in the midst of a large intellectu-

al vacuum (alias military post)

that somewhere not only do peo-

ple care, but also have the cour-

age to stand for their convictions."

servances should be at all times

protected.

7. The use of public funds

and/or public property for the

display of sectarian religious

symbolism should be discouraged

as implied governmental endorse-

ment of an establishment of re-

ligion.

Mid-Peninsula Plans

Ambitious Yr; Help Sought

At the first meeting of the newly elected Board of Direc-

tors of the Mid-Peninsula Chapter ACLUNC, officers were

elected and plans were made for local activities and meetings.

On the schedule are a major meeting with a prominent

speaker, and a major social event. Other programs may in-

clude a showing of "Operation

Correction," a round-table discus-

sion of the anti-Communist initia-

tive measure, and speakers on

`specialized civil liberties topics.

Program Chairman Wesley Pom-

eroy will arrange these meetings,

~ but additional help is needed.

Members with suggestions for

programs might call Mr. Pomeroy

at DA 3-1277.

Informal Get Together

Of particular interest are plans

_ to hold informal get togethers at

members' homes. New and pros-

pective members will be invited

to these gatherings to meet the

Board and to become familiar

with civil liberties activities in

the area. Members who would

like to attend, help with these

meetings, or who would like to

suggest names of potentia] mem-

bers are urged to call Mrs. Cy-

anne McElhinney at DA 5-9808.

She is the wife of William Mc-

Elhinney, new publicity chair-

man. Members who have an in-

terest in publicity work should

eall Mr. McElhinney if they would

Oppose Move to

Label Les Gatos

Library Books -

The Santa Clara Valley Chap-

ter of the ACLUNC last month

opposed the request of a Los

Gatos councilman that the local

public library remove certain

books and magazines from its

shelves or label them as propa- |

ganda. The councilman at first

objected only to a Soviet publica-

tion, but later expanded his re-

quest.

A letter to the Los Gatos board

signed by ACLU Chapter Chair-

man Ed. L. Laing, commended the

board for its democratic policies

and reminded it "that people are

entitled to evaluate propaganda

and hated ideas for themselves

and without censorship or offi-

cial labels." The letter also de-

clared it would be "an act of cen-

sorship and an insult to the in-

telligence and integrity of Los

Gatos citizens if the board yield-

ed to pressure."

The Library Board at a meet-

ing on March 14 rejected the "ban

or label" demand.

like to assist in preparing re-

leases for local newspapers,

Chapter Leaflet

Several tasks were added to the

job description of the Chapter

Historian, John Rutherford. He

and Michael Chriss, are prepar-

ing a leaflet about the Chapter

that will include a list of books

on civil liberties available in lo-

cal libraries.

Other Officers

Other officers who will be con-

cerned with these plans include:

Rick Gould, chairman; Karel De-

Leeuw, fund raising; Leroy Lu-

cas, treasurer; Peter Szego, mem-

bership; and board members Er-

nest Norback, Sandra Levinson,

Norman Howard, Lou Fein and

Dan Miller. The Speakers' Bu-

reau will continue under the di-

rection of Ann McNaughton.

Members who would like to ad-

dress local groups on ACLU mat-

ters can call her at. DA 5-9774.

Aims of Chapter

The aims of the chapter that

will guide it during the year were

discussed. In approximate order

of importance, these aims were:

presentation of the civil liberta-

_rian's viewpoint to the communi-

ty, informing members so that

they may be knowledgable spokes-

men for the ACLU, providing op-

portunities for members to meet

and work with other members,

being a "watchdog" for infringe-

ments in the area, and raising

funds for chapter and branch

needs.

Board Meetings

Board meetings are held month-

ly on the 2nd Thursday in the

Education Building at the rear

of All Saints Church, 555 Waver-

ley, Palo Alto, at 8 p.m., and are

always open to all members.

Members can receive the minutes

of these meetings regularly by

calling the new secretary, Mrs.

Joy Rosaaen at DA 6-4529. At-

tending these sessions is a good

way to keep abreast of ACLU

activities between general meet-

ings. The chapter's mailing ad-

dress, offered by Mrs. Rosaaen, is

1491 Areadia Pl., Palo Alto. Mem-

bers having items of interest to

the chapter can send them there:

ACLU NEWS

APRIL, 1962

Page 3.

Continued from Page 2-

subordinate publicly disagree-

ing with his superior in business

life or in a membership organi-

zation. If (as would very often

seem to be the case) the official

policy is unclear and the bounds

to which permissible public dis-

agreement may be carried are

not well defined, the officer can

only be guided by his own judg-

ment. If he misjudges, as Gen-

eral Walker appeared to do, he

may not appeal to his rights of

free speech.

Off Duty

Subject to the limitations dis-

cussed above, the right of mili-

tary men to free expression

when off duty and out of uni-

form should in general be as

guaranteed as that of the private

citizen. In stating the above

principles, the ACLU is not with-

out concern lest they be ex-

tended to support suppressions

in cases to which they do not

apply. It may be noted that the

situation of the enlisted man

and, for practical purposes, the

junior officer differs drastically

in at least one respect from that

of the higher officer-they can-

not resign. Nor, of course, are

they normally able to exert the

kind of influence in diplomacy

and civil policy which justifies

the monitoring of high officers'

speeches. In saying that ques-

tions of the kind of personnel

to whom such restrictions shall

be applied, as well as of the

form of the monitoring and so

on, are administrative, the

ACLU also feels strongly that

proper administration will con-

fine them to higher officers or

to those of positions of influence

in government or with the pub-

lic. To draw precise lines on

civil liberties grounds seems im-

practicable, however, nor is it

necessary. It has not been at-

tempted administratively to ex-

tend monitoring procedures to

illegitimate lengths; and where

illegitimate suppressions of

speech have occurred or been

threatened against lower ranks

they have rested upon different

laws, regulations and rationales.

Such cases are beyond the scope

of the present statement.

Civilian Supremacy

So is the important question

of civilian supremacy over the

military. While the rule of civil-

ian supremacy-going back, as

Chief Justice Warren has re-

cently pointed out, to early Con-

stitutional considerations about

the control of the "standing

army" - is always in the back-

ground of any discussion of the

role of the military in a demo-

cratic society, it is not particu-

larly relevant here. So long as

the military establishment con-

tinues, like any other branch of

government, to take its orders

from the civil authority-as to-

day it does unquestioningly-the

principle is being obeyed and no

further comment is necessary.

2. Military Information and

Educational Programs

With this statement of under-

lying principle, one may return

to the practical questions now

being raised. The conduct of

some American prisoners of war

in Korea led to considerable

public dismay, and to pressures

(probably more civilian than

military) for better indoctrina-

tion of the treops in "what they

were fighting for," for their bet-

ter psychological fortification

against Communist tactics of

*"prainwashing," infiltration, sub-

version and so on, and in gen-

eral for a stiffer anti-Communist

line in American troop educa-

tional-_programs. Pressures for

such troop indoctrination ex-

ACLU NEWS

APRIL, 1962

Page 4

tended naturally into pressures

for a greater indoctrination of

the public from which the troops

are drawn and to which, as re-

servists, they return. A belief

grew up that military men, be-

cause they were in direct con-

tact with Communist machina-

tions in the cold war, were pecu-

liarly qualified to instruct both

troops and public in these es-

sentially political matters,

Arousing the Public

It became a stated policy of

the Eisenhower Administration

(not, so far as is known, with-

drawn by its successor) to em-

ploy "military personnel and

facilities to arouse the public to

the menace of the cold war."

One may question both the wis-

dom and efficacy of such a poli-

cy but it is doubtful that it.

created a civil liberties prob-

lem. Its effect, if any, upon the

Armed Forces Information and

Educational programs (low level

troop indoctrination) will pre-

sumably be developed by the

current hearings of this Com-

mittee. It apparently encouraged

General Walker to indoctrinate

the 24th Division with extreme

radical right politics; but this

was found contrary to existing

law and regulations which prop-

erly bar partisan indoctrination.

However, troop indoctrination-

to make the men better soldiers,

not necessarily better citizens-

has always been recognized as a

primary responsibility of mili-

tary command; and as long as

this is, like all other military

functions, exercised in conform-

ity with the superior policies

.of the civil government, its con-

tent appears to present no civil

liberties issues. A citizen may

feel that indoctrination of the

troops in sound principles and

practices of democratic citizen-

ship will make better soldiers

out of them than indoctrination

in extreme anti-Communism, but

it is difficult to see how this

view can be sustained on civil

liberties grounds. Military in-

doctrination should be _intelli-

gent and effective for its pur-

pose, as most of it today proba-

bly is not. But because it speaks

to a captive audience under mili-

tary discipline, because its pur-

pose (in the civilian no less than

the military mind) is not that of

general education in a democra-

cy, because it rests upon a quite

different rationale, those who

would correct its present defi-

ciencies must appeal to other

principles than those of civil

liberty.*

Political Content

The Eisenhower policy ex-

tended, however, to "arousing".

the general public. In this it ap-

parently encouraged speech-mak-

ing campaigns, like those of

Admiral Burke and others, on

*General David M. Shoup,

Commandant of the Marine

Corps, has, interestingly enough,

taken the position that "positive"

indoctrination in the values of

the democratic system makes

better soldiers than "negative"

indoctrination in hatred for

Communism. But the Marine

Corps resentment over the in-

quisitorial activities of subcom-

mittee staff representatives

probably reflects not only a

pedagogical difference over

troop training content but also

the military insistence upon

prime responsibility for. troop

indoctrination. The military

- want no hint of `political com-

missars"' meddling in troop

training. In. our view this is

quite proper; but it indicates the

difficulty of trying to bring gen-

eral political principles, like

those of civil liberty, to bear in

this area. It does not, of course,

debar public discussion of the

efficacy and content of troop in-

doctrination and training pro-

grams.

the menaces of Communism, We

have already suggested that

monitoring such speeches does

not invade tne officers' rights

of free expression; but those

who deplore them as in general

unhelpful cannot adduce any

reason in Civil liberties for their

further suppression. Finally, the

policy appears to have encour-

aged the participation of the

military in privately-sponsored

speaking programs, "seminars"

and cold war "strategy confer-

ences" devoted to the theoreti-

cally military but essentially

political problems of anti-Com-

munism. Public indoctrination

programs in themselves are of

course an old story with the mili-

tary, They have been carried out

through officially organized

seminars and study groups,

through programs co-sponsored

by the military and private

groups and by military coopera-

tion in privately sponsored pro-

grams. What has raised a prob-

lem here seems to be the in-

creasingly political content of

such programs, injected by cold

war issues.

McNamara's Memorandum

This has raised the question

of just what is the function of

the serving officer, and the mili-

tary establishment as a whole,

in such activities. On October 5,

1961, Secretary McNamara sought

to regularize the position with

a "Memorandum" directive on

~ "Participation of Department of

Defense personnel and use of

military facilities in public in-

formation programs sponsored

by non-governmental organiza-

tions and groups." This restricts

Defense personnel (including

civilian as well as military) to

the discussion of "subjects with-

in the cognizance of the Depart-

ment of Defense"'-which, how-

ever, still leaves a wide latitude.

Otherwise the views expressed

must be "nonpartisan in charac-

ter and in accordance with es-

tablished national policy;" mili-

tary participation "must not lend

an air of sponsorship to the

statements of others which may

be either partisan in character

or contrary to established na-

tional policy;" military facilities

may be used only for programs

In collections

ACLU-NC News: 1962

Details

Title: vol. 27, no. 4 (April, 1962)
Creator: American Civil Liberties Union of Northern California
Date: 1962 April
Identifier: ACLUN_0310
Genre: newspapers
Physical description: 40.5 x 28 cm
Publisher: San Francisco (Calif.): American Civil Liberties Union of Northern California
Preferred citation: ACLU of Northern California News vol. 27, no. 4, 1962 April; PER ACLUN; California Historical Society.
Rights statement: In Copyright
Publication rights: Copyright (or related rights to publicity and privacy) for materials in this collection, created by the American Civil Liberties Union of Northern California, was not transferred to the California Historical Society (CHS). Permission for reproduction or publication of materials in this collection beyond that allowed by fair use must be secured from the copyright holder.
Topical subject(s): Voting rights
Freedom of expression
Deportation
Church and state
Named subject(s): Besig, Ernest
Meiklejohn, Alexander
Mini, Norman
Phillips, Hubert
Salz, Helen Arnstein
Stegner, Wallace
Unruh Civil Rights Act
Geographical subject(s): Sacramento (Calif.)
Oakland (Calif.)
Berkeley (Calif.)
Collection identifier: PER ACLUN