vol. 27, no. 6

_ American

Civil Liberties

Union

Volume XXVII

Marin pot-luck dinner,

San Francisco, June, 1962

EMERLEE THOMAS and Jim Wood, folk singers, who will entertain at

Famous Marin Pot-Luck on June 9

Program Headlines Bomb

Victim and Folk Singers

The celebrated entertainment duo, Emerlee Thomas and

Jim Wood, both former members of the Gateway Singers,

will provide the entertaiament at the Marin ACLU Pot-Luck

Dinner, June 9.

The annual affair, as announced last month by Milen

Dempster, chapter chairman, will.

hear the Reverend John G. Sim-

mons who is nationally. known

for his inspired and moving talks

on civil liberties. The title for

his talk is "Can Freedom Protect

Its Enemies?"

The Rev. Simmons is pres-

ently Administrator for the Pa-

coima Memorial Lutheran Hos-

pital in Southern California, and

has seen service in many areas

of humanitarianism in the United

States. (See ACLU NEWS, May

1962.)

Emerlee Thomas, who re-

tired from the Gateway Singers

last year, has been heard in con-

cert since that time with Mr.

Wood, who left the group for

free lance engagements in 1957.

Early Start

The Marin Chapter invites all

ACLU members and their

friends, but asks that everyone

be on hand early this year as the

program will start sharply at

7:30 p.m.

The chapter is asking an ad-

mission-donation of $1.50 per

person, 75 cents for students,

whether guests arrive for the

program only or include the

cocktail hour and pot-luck din. |

ner, which precede the program.

What to Bring

Those who plan to meet

friends during the cocktail hour

are asked to arrive at 5:00 p.m.

Those participating in the pot-

luck, whose last names begin

with letters A to N, are asked to

bring a hot dish; from O to Z, a

salad. The portions should be

sufficient to serve three times

the number of their particular

party. The Marin Chapter will

furnish ice cream and coffee.

Mrs. Virginia Stone, in charge

of the pot-luck, advises those

bringing hot dishes or salads to

leave the family heirloom dishes

at home and purvey their comes-

tibles in containers which they

expect to get back after the din-

ner, but whose loss would not

be tragic.

(Aluminum. foil is'

great for dignifying an elderly

pan and keeping contents cold or

hot.)

Best Route to Kent Estate

Sali Lieberman, chairman of the

pot-luck dinner and program,

which is being held at the Roger

Kent estate in Kent Woodlands,

-advises that the best route is

to turn off Highway 101 at San

Anselmo turnoff-drive toward

San Anselmo until 4th stop light

--there turn left onto College

Drive for ene long block and

then turn right into Kent Wood-

lands-proceed to 200 Woodland

Road.

Last `year, 1,400 persons at-

. tended the pot-luck and this year

another large crowd is expected

to enjoy the picnic atmosphere

and old friends in a beautiful

setting together with an excel-

lent program.-Helen Kerr

Nominating

Committee

Appointed

Board Chairman Howard Fried-

man has appointed the following

Nominating Committee to nomi-

nate persons to fill "terms ex-

piring during the current year as

well as any unexpired terms that

may exist:"

_ The Rev. Harry B. Scholefield,

chairman and John M- Fowle,

are both board members. The

three non-board members, ap-

pointed by the Marin, Mid-Penin-

sula and Santa Clara Valley

chapters respectively are: Dr.

Martin Katzman, attorney Abe

Berry and Keith W. Johnsgaard.

At the last meeting of the

branch board of directors, the

By-Laws were amended to pro-

Vide that the two-term "limita-

tion shall not apply to an incum-

bent chairman of the board; how-

ever, nine years shall be the

maximum served in any event."

Number 6

S.F. Street

Preachers

Arrested ~

The time-honored practice of

_street-corner evangelism was put

to another test last month when

a San Francisco policeman decid-

ed that three practitioners from

the San Francisco Revival Cen-

ter were disturbing the peace"

for preaching too loudly at the

corner of Market and Powell

(where the cable car turns

~ around),

Police Officer Signs Complaint

The police complained that the

trio, who preach one at a time

and spell each other, were dis-

turbing surrounding merchants.

But when it came to getting a

complaint signed no one in the

area would admit to having his

peace disturbed and so a police

sergeant signed it on information

and belief. The trio, who said

that they only preach loud

enough to be heard over the sur-

rounding traffic noises, were rep-

resented at their arraignment be-

fore Municipal Judge Albert Ax-

elrod by ACLU Staff Counsel

Marshall W. Krause,

Free Speech Denied

The ACLU's argument was the

classic defense of the First

Amendment that freedom to

speak may not be abridged absent

a clear and present danger to the

public safety. It needs no elabora-

tion to show that the noise of a

human voice preaching the Gos-

pel cannot be a clear and present

danger on a downtown street.

The district attorney moved to

dismiss the case but Judge Axel-

rod demanded that the defend-

ants agree not to continue their

conduct and when they refused

to make that pledge he refused

to dismiss. The trio are now rep-

resented by the attorney for their

church, George T. Davis, and a.

jury trial has been set-M.W.K.

Plaudits for

"Operation

Correction"

The Chicago Sun-Times on April

24 had a special showing of "Op-

eration Correction." L, S. Fan-

ning, the executive editor, in-

formed Ernest Besig, local ACLU

executive director, that "the con-

census was immensely compli-

mentary to the dispassionate and

effective job you and your asso-

ciates did." oe

"Operation Correction" contin-

ues to be in wide demand. In

Mariposa County, where Judge

Coakley has been campaigning

for Attorney General with the

aid of "Operation Abolition," his

opponents have brought in "Op-

eration Correction."

As this is being written, a print

is on its way to Anchorage, Alas-

ka, where it is expected to be

shown on television and other-

wise. Other recent television

showings have been over stations

WEAA in Dallas and KTVC in

Dodge City, Kansas.

in This issue eee

Censorship of Cal. Poly

College Paper Ended....p. 4

"Operation Correction"

Approved by Columnist. .p. 2

Religious Holiday

Observances: Policy

Revised; Decisions

@n Other Issues... ...-p 3

Revision of ACLU Policy

== On Censorship =... ... p. 4

S.F. City College: Students

Denied Free Assembly,

Speech and Press ...... p.3

An organization calling itself the "Berkeley Task Force"

last month circulated attacks on the public schools and six

named high school teachers in an effort to defeat the $9,-

650,000 bond issue to build needed schools. The leaflet was

unsigned but bore the following address: P.O. Box 558,

Berkeley, Calif,

"In Berkeley High School,' says

the leaflet in part, "there is a pre-

ponderance _of `liberal' atmos-

phere, whose effects are to mold

the students AWAY from Ameri-

canism, and TOWARDS a one-

world, socialist, atheistic outlook.

_ ONE WORLDISM

"Specifically, some teachers

glorify one-worldism, the brother-

hood of man, socialism and the

United Nations. Sex is openly dis-

Six Contempt

Convictions

Reversed

The U.S. Supreme Court late

last month ordered reversals in

six contempt of Congress convic-

tions following refusals of wit-

nesses on First Amendment

grounds to answer questions on

`present and past political activi-

ties.

The cases were decided on the

the technical ground that the in-

dictments had "failed to identify

the subject under congressional

subcommittee inquiry at the time

the witness was interrogated."

Each opinion was written by Jus-

tice Stewart and was concurred

in by Justices Warren, Black,

Douglas, and Brennan (except as

to one case in which Brennan did

not participate),

Dissents were filed by Justices

Clark and Harlan while Justices

Frankfurter and White did not

participate, the former because

of illness and the latter because

he was a member of the Depart-

ment of Justice while the cases

were prosecuted by that Depart-

ment,

Hartman Case

The ease of Louis Hartman

(known as "Jim Grady" when he

worked for KCBS) will most like-

ly be decided in the same way as

the six cases above since the

Hartman indictment contains the

same defect. Hartman refused to

answer the questions of the

House Committee on Un-Ameri-

can Activities in regard to his po-

litical activities on First Amend-

ment grounds and was defended

by the ACLU of Northern Cali-

fornia. A petition for certiorari

asking the Supreme Court to re-

view his conviction is now await-

ing the Court's action.

Re-Trial Possible'

In the cases which are reversed

on the ground of a faulty indict-

ment the government will have

the discretion to ask the grand

jury to return a new indictment

and, if a good indictment is re-

turned, proceed to re-try the case.

In the case of a faulty indictment

the statute of limitations is ex-

tended to the end of .the next

term of the grand jury.

Tronic Aspect

An ironic aspect of these six

cases is that in the Barenblatt,

Wilkinson and Braden cases con-

victions were affirmed by a Court

split 5-4 and the witnesses spent

time in jail even though their in-

dictments contained no more spe-

cificity than those now held to be

faulty, The increasing technicali-

ty of the Court's rulings in politi-

cal contempt cases can only mean

an increasing concern with the

substantive First Amendment

rights of the witnesses --M.W.K.

cussed and in a questionable

manner, Atheism is promoted by

teachers who encourage students

to bring in anti-religious materi-

al - such as certain poems -

into the classroom, where they

are openly discussed. Students of

a patriotic, conservative or reli-

gious nature, are made to feel

like outcasts in this kind of sur-

roundings,

"The student assemblies held

in Berkeley High School are in-

variably devoted to subjects of a

`leftist' nature - promoting such

things as disarmament, `peace,'

the United Nations, ete. Ameri-

canism and patriotism have been

conspicuously absent from these

programs.

WARPED THINKING

"The net result of all this is

that a large body of students are

being warped into a_ thinking

which is hostile to the ideals and

heritage of our great American

Republic. This is a tremendously

dangerous situation and a horri-

ble misuse of the taxpayer's mon-

ey - as well as a violation of ed-

ucation directives,

LEFTIST INDOCTRINATION

"The following Berkeley High

School teachers have been report-

ed allegedly promoting leftist in-

doctrination in their classrooms:

_ (six teachers listed),

"It is a gross misuse of public

funds, for the public school sys-

tem to use their facilities for the

ideological indoctrination of the

students against the ideals and -

traditions of this country, and

contrary to the intent of the peo-

ple to have their children educat-

ed to be loyal, patriotic, God-

fearing Americans.

PROGRESSIVE EDUCATION

"The Berkeley School System

is saturated with the theory of

progressive education. This dan-

gerous concept is anti-American,

anti-patriotic, anti-free enter-

prise, and is part and parcel of a

conspiracy to erode our national

heritage and ideals, in favor of

"Gradualism" - the evolution of

our country into part of a one-

world, socialist state."

Of course, the Berkeley Task

Force is free to fulminate about

the Berkeley schools, but its

charges against the particular

teachers would seem to go be-

yond legal bounds. Libel suits are

not the business of the ACLU;

the freedom of teachers to teach

is our concern. At this point, such

freedom is not in jeopardy in

Berkeley,

REV. JOHN G. SIMMONS, speaker

at Marin pot-luck June 9.

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

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

Helen Salz

Rey. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Dr. 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

Lieyd L. Morain

Prof. Charles Muscatine

Prof. Herbert L. Packer

William M. Reth

Clarence E. Rust

Prof. Nevitt Sanford

Mrs. Alec Skolnick

Mrs. Martin Steiner

Gregory S. Stout

Donald Vial

GENERAL COUNSEL

Wayne M. Collins

Committee of Sponsors

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 (c)

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

1962 Membership Campaign

A Report On ACLU'S

Invaluable Volunteers

Since the turn of the year, a steady stream of members in

and out of the office put the membership drive in motion and

kept it going. NEWS calls for help brought quick responses.

Only two days after the February issue was mailed, six mem-

bers called in answer to an SOS and set dates for volunteer-

ing. Others followed in growing

succession, many of them work-

ing throughout the past four or

five months on a regular sched-

ule.

Office Day Shift

Alice Blivens was our early-

bird volunteer. At 8:30, a morn-

ing a week, she opened the of-

fice with Ernie Besig and put in

an hour's stint before going to

her job. Lois Mullen, a graduate

student, gave several days a

week over the many months.

She had her hand in every step of

the campaign, from beginning to

end. Terry Arkley, on a two-day-

a-week run, added an _ artistic

touch to the various clerical

chores she handled. The attrac-

tive lettering on the names' ap-

peals and local meeting notices

were her handiwork. Margaret

Smith, a master volunteer of

many years' standing, contrib-

uted a day a week, keeping a

multitude of details under con-

trol. Charlotte Kintz, also a

weekly regular, not only pro--

duced at a mad clip but enter-

tained other volunteers and staff

with pithy observations on issues

of the day. Her crisp sense of

humor gave ready answer to all

manner of problems. Peggy Dar-

lend, in a weekly afternoon, and

Lisa Aron, in a weekly morning,

tied up many a loose end to

keep the campaign in high gear.

Andy Tepper, before getting

gainful employment, came in al-

most every day to maintain typ-

ing production. Doss. Hull was

another dependable office hand

until she assumed chairmanship

of Berkeley's membership com-

mittee.

Office Night Shift

On the night shift, coming in

after a full day's work, Jack .

Youree took over the responsible

job of assorting prospects' cards

for the local membership com-

mittees. Want to know just

where what little town is? Ask

Jack, ACLU's geographer. Don

ACLU NEWS

JUNE, 1962

Pade 2

Combs, Pat Fry, Garnet Gorin,

Elaine Hopkins, Shirley Lipian,

Rosemary McQuarrie, Thomas

Milbrook and Bill Roay were

others on the night shift who

filled in whenever they could.

Home Shift

`On the home front, Barbara

Stonecipher and Julina Sheldon

set up a complete production unit

in their apartment. They typed,

stuffed, stamped, sealed and

mailed the finished product. Al-

most half the letters of invita-

tion to over 3,500 prospects came

out of their "shop." What this

amounted to in relief to the of-

fice schedule and pressures is

difficult even to begin to meas-

ure. Beatrice Stein initiated -this

year's homework program and

kept at it for months, despite

her school assignments. Bill Mar-

_tinez operated a neat "at home"

plan - he invited friends over

of an evening to get out an

ACLU mailing. Other productive

"at homers" were Mrs. Conrad

Eustace, Carolyn Murphy and

her daughter, Ruth Stevenson

and one of her neighbors, and

the A. Padget Paynes.

Old Reliables

Old standbys who pitched in

from time to time were Ding

Arian (now in. Tahiti), Lulu Me-

Clees, Neva Arnold, Simona

Schwartzberg and Ed Spring, Es-

telle Brown, Betty Dvorman and

the William Jacksons met peri-

odic Saturday emergencies with

sure-fire success.

If any large mailing can get

out on schedule without the help

of the one and only Barbara

Slickman, we haven't had word

of it yet. As in the past, all this

year's mailings had the benefit

of Barbara's incomparable know-

how. For all the demands made

on her, she worked us into her

calendar every time.

These are the volunteers who

made the campaign from the of-

fice, handling each little detail

from start to finish. In addition

to the skills and responsibility

they brought with them a re-

Membership

Drive Passes

500 Mark

Despite a siege of nasty ill-

nesses, holy matrimony, new

births and jury duty, putting one

membership chairman after an-

other out of temporary commis-

sion, 554 new members and sub-

seribers responded to this year's

drive by May 23. In goodly num-

ber ACLU supporters seem to be

saying that civil liberties conquer

all.

HEALTHIEST SIGNS

Responses showing the healthi-

est signs are from such areas as

Orinda, Sonoma and Walnut

Creek. From each of these locales,

new members to date exceed

their totals for all of last year.

They say the reason is simple:

They've just been talking ACLU

more than ever before.

Other areas running close to

last year's totals are Santa Clara

Valley, Stockton and Sacramen-

to-this early running from 70

to 90 per cent of 1961's high net.

Santa Clara Valley is showing

enthusiasm for its newly formed

chapter with its alert program of

education and _ watehdogging.

Stockton's spurt began, almost

like a reflex action, with its work

in founding a chapter and devel-

oping local program, just two

months ago, Sacramento shows

signs of its two-year old chapter

becoming part of the byways of

capital life.

STEADY PACE -

Berkeley, Hayward, the Mid-

Peninsula, Redwood City, Rich-

mond and San Francisco are

keeping up a steady pace. If sus-

stained throughout the coming

months, new support from these

areas may well match last year's

record totals.

_As in the past, most local com-

mittees have highlighted the

drive with meetings, bringing

ACLU's work to the attention of

their communities. They were

scheduled right through the

month of May, in such far-flung

towns as Chico, Napa, Santa

Cruz, Hillsborough and Walnut

Creek. The Mid-Peninsula chap-

ter has adopted a more informal

approach on a year-round basis.

Gatherings of about fifteen mem-

bers and guests are periodically

held with board members to dis-

cuss any and all questions rele-

vant to civil liberties. There have

been three of these home meet-

ings in the past few months. Ef-

fective in educating members to

ACLU program and in attracting

new people, these get-togethers

will continue as a permanent se-

ries.-J. H.

"General'

Discharge for

Vet Fought

The ACLU is attempting to se-

cure an honorable discharge from

the U. S. Army Reserve for a

veteran who was given a "Gen-

eral" discharge after completing

his reserve obligation on Decem-

ber 14, 1961,

In 1955, the Army sought the

veteran's discharge on security

grounds because of his refusal on

First Amendment grounds to an-

swer political questions on two

of its forms, and because in 1952

he was "the only voter in your

community that registered for the

Independent Progressive Party."

After a hearing, at which he was

represented by the ACLU, he was

granted a Separation showing the .

character of his service as being

"Honorable."

No reason has been given for

the present "General" discharge

from the Reserve. A "General"

discharge while under honorable

conditions is considered as hav-

ing a lower standing than an

"Honorable" discharge.

freshing outlook, sparkling hu-

mor and deep awareness of all

it takes to make our civil liber-

ties a real, telling force. We can

thank them as much for their

good company as for their inval-

uable help. - J. H.

"Operation Correction"

Approved By Columnist

Clubs, associations, and organizations of all sorts are con-

tinually looking for program material. We are probably the

most talked-to and lectured- at civilization in the history of the

world.

Most of these lectures are not worth giving, or listening

to. They either elaborate the obvious, inflate the trivial, or

paint the lily of truth with the gilt of special pleading.

One of the few worthwhile ideas for a club program has

just crossed my desk, however, and I'd like to pass it along

the program chairmen all over the country. It ought to pro-

vide more meat for discussion than a dozen after- dinner

orators put together.

Cinema 16, a film distributor in New York, at 175 Lex-

ington Ave., will rent out the original version of "Operation

Abolition," America's most famous and most controversial

propaganda film of the decade, produced for the House Com-

mittee on Un- American Activities.

This film, running 42 minutes, purports to "prove" that

the San Francisco student demonstrations against the com-

mittee were ""Communist-controlled."

As Cinema 16 remarks, "the use of newsreel footage and

natural sound, the judicious `re-arranging' of reality by

means of editing and narration touch pe the very core of

the propaganda film problem."

At the same time, as a joint offer, the film company will

send out "Operation Correction,' the famous ``answer" to

"Operation Abolition,' produced by the American Civil Lib-

erties Union of Northern California -- which utilized the

same footage, but an entirely different narration.

Renters of both these films, which cost only $30 and run

a total of 88 minutes, will also receive free copies of two

publications, offering diametrically opposed viewpoints: a

booklet by the Committee on Un-American Activities and a

40-page analysis published by the National Council of -

Churches.

I can scarcely think of a better way for a club to spend

an evening watching these two documentary films, and then

concluding with a panel discussion and question-period about

them. This, in a modern version, is what the old town meet-

ing used to be; and it is fast disappearing in contemporary

ife. .

Propaganda is daily becoming more powerful and more

prevalent in our increasingly mechanized society. It seeks to

enslave us psychologically, which is the very first step toward

political enslavement. The best way to counteract its baleful

influence is to observe, to study, to discuss such phenomena

as "Operation Abolition" and its rebuttal.

The foregoing article by Sydney J. Harris appeared in|

the May 15, 1962 issue of the "Chicago Daily News," under.

the title "Here's `Operation Town Hall.' ' Mr. Harris is a fea- |

ture writer for the "Daily News" and writes a column called

"Strictly Personal."

Another

Citizenship

Battle Looms

The ACLU represents Frank

G. Bonetti in a case strikingly

similar to the citizenship applica-

tion of Eugene Grundt which had

its suecessful conclusion in April.

Like Grundt, Bonetti was the sub-

ject of a deportation action. in

which the government was un-

successful, :

High Court Decision

Bonetti's case went all the way

to the. U.S. Supreme Court where

he won on a divided vote. He

filed his petition for citizenship

in February of 1959 and since

that time had two complete hear-

ings before a designated exami-

ner and was visited by two gov-

ernment investigators. (One of

the investigators told Bonetti that

The Nation, to which Bonetti sub-

scribes, is not the kind of maga-

zine he would want his children

to see.) =

Delay

After these events two years

passed with nothing being done

although the Immigration Sery-

ice assured the ACLU that the

case was almost ready to be pre-

sented to the court for the deci-

Sion of the district judge on the

petition for citizenship. Finally

the ACLU moved in the district

court that the case be set for a

hearing and Judge Sweigert gave

the Service 90 more days in which

to make its report.

Recommendation Awaited

Another administrative hearin g

was held all day on May 18 on

Stockton

Chapter Buys

"Op. Correction'

The Stockton Chapter of the

ACLUNC held a very successful

showing of "Operation Correc-

tion" last month. Robert Meisen-

bach, who was acquitted on

charges of attacking a police of-

ficer during the San Francisco

City Hall antiitHUAC demonstra-

tions in 1960, and who is men-

tioned in "Operation Correction,"

happened to see the meeting an-

.nouncement in the local press

while visiting friends. He at-

tended the meeting and partici- -

pated in the discussion. -

Thirty-seven dollars and ten

cents was raised at the meeting

toward the purchase of a print

of "Operation Correction" by the

chapter. In' the meantime, the

film is being made available to

groups in the area at a nominal

fee. Incidentally, the Marin

Chapter has also purchased a

print of "Operation Correction."

Also last month, Ernest Besig,

executive director of ACLUNC,

met with the Stockton Chapter

Board of Directors at the home

of its chairman, Marvin Marks,

to answer their many questions

about what a chapter can do.

the claim of the Service that fur-

ther evidence was necessary, but

no new evidence of information

was developed at this hearing. Bo-

netti now awaits the Service's

recommendation to the court as-

to whether he should be granted

citizenship. If past actions hold

true, the Service `will continue

to resent its defeat in the depor-

tation action and recommend that

the petition be denied.

Religious Holiday Observances

On April 30 the national board of directors of the ACLU,

in the light of criticisms from a majority of the ACLU

branches, including ACLUNC, with four dissenting votes,

revised its October 9, 1961 statement on "Religious Holiday

_ Observances."

At the same time, the board

overrode its Church-State Com-

mittee and voted almost unani-

mously to continue to oppose free

public bus transportation for

children attending church schools

as a Violation of the principle of

separation, and voted umer,mous-

ly to continue its opposiffon to

furnishing free textbooks to stu-

dents in parochial schools as a

violation of the principle of sepa-

ration of church and state,

HEALTH SERVICES ,

For the first time, the national

board took a position on medical

and dental services and govern-

ment- subsidized food for school

lunches. On the first issue, it

adopted a motion that "The mak-

ing available of public health

services on an administratively

feasible basis to all children re-

gardless of the school attended

does not violate the principle of

separation of church and state.

On the second issue, the board

adopted a resolution that "the

making available by the Federal

Government on an administrative-

ly feasible basis, of foods for hot

lunches for pupils, regardless of

the school attended, does not vio-

late the principle of separation of

church and state." The vote on

this resolution was not disclosed.

CHURCH-RELATED COLLEGES

Still under debate is the policy

of the national board with respect

to Federal support for church-

related colleges, On March 20,

1961 the national board approved

such support to a church-related

college, despite the establishment

of religion clause if (a) students

and faculty members are not re-

quired to be adherents of the re-

ligious group with which the in-

stitution is linked; (b) indoctri-

nation in the tenets of a particu-

lar faith is not a required part of

the curriculum; and (c) determi-

nation of the instructional pro-

gram is committed to the hands

of those charged with education-

al rather than religious respon-

sibilities,

SO. CALIF, POSITION

On February 16, 1962,

Southern California branch op-

posed the national board's posi-

tion and asked that it be recon-

sidered. "If a school," said the

branch, "functions as an agency

of sectarian religion, support of

its educational program is not

separable from support of its re-

ligion, and federal appropriations

to it will be violative of the First

Amendment." The local board is

considering the matter at its June

meeting. The entire problem will

be discussed at the biennial con-

ference of the ACLU in New

York City, June 22-24,

TEXT OF

HOLIDAY STATEMENT

The revised policy statement

on "Religious Holiday Observ-

ances" follows:

The American Civil Liberties

Union believes that any program

of religious indoctrination - di-

rect or indirect. - in the public

schools or with public resources

is a violation of the constitutional

principle of separation of church

and state and should be opposed.

We believe the observance in

public schools and on public prop-

erty of such occasions as Christ-

mas, Channuka, and Easter as re-

the .

ligious holidays to be eontrary to

the separation principle,

CONDITIONS GOVERNING

INTERVENTION

Whether each and every ob-

servance that is believed to be in

violation merits ACLU interven-

tion depends upon the factors

governing our participation in all

classes of civil liberties matters.

These include: (1) other civil

liberties pressures commanding

our attention - including other

church state matters, (2) our

judgment of the general signifi-

cance of the particular instance,

and (3) the limit of our resources

which are available at the partic-

ular time and place.

ACLU POSITION

Whenever the ACLU, through

its national organization or an af-

filiate, does undertake to inter-

vene in a religious holiday ob-

servance case, a clear-cut separa-

tion-of-church-a n d-state position

should be taken, guided by the

following considerations:

1. The teaching of religion in

the public schools is barred by

the Constitution.

2. The practice of regular Bi-

ble reading and organized pray-

ers represents a form of indoc-

trination which should also be

barred.

3. The teaching of religion

should be distinguished from_

teaching factually about religion

as, for example, an element of

world history or of social sci-

ences. Even in teaching about re-

ligion, the younger the child, the

more wary the teacher must be

- of indoctrination. Certainly, pub-

lic schools may explain the mean-

ing of a religious holiday, as

viewed by adherents of the re-

ligion of which it is a part, but

may not seek to foster a religious

view in the classroom or other-

wise.

4. In cases where even non-

religious attributes of a religious

holiday (there are always border-

line cases) may offend individu-

al students, their privilege not to

participate in such non-religious

celebrations should be respected.

5. The use of public funds or

public property for the display of

religious symbolism should be op-

posed as a governmental endorse-

ment of religion.

"Skypipers(R)

Outlawed in

Public Toilets

The State Supreme Court last

month reversed the conviction of

- three Long Beach men for homo-

sexual activities in a public toilet |

because of an illegal search. Po-

lice inserted a "spypipe" through

the ceiling of the restroom at a

_Long Beach amusement park and

spied on the innocent and guilty

alike. That constituted an illegal

search.

Chief Thomas Cahill of San

Francisco was unhappy about the

ruling because his men engage

in similar activities in. public

restrooms in stores and_ other

places. Municipal Judge Andrew

Jackson Eyman advocated tearing

down the doors and walls of toi-

lets if necessary to prevent them

from "being a breeding ground

for homosexuality." Judge Eyman

is also known for requiring culp-

rits to attend church as a condi-

tion of probation.

rion. Discharge

In Army Reserve

Security Case

The Army recently granted an

honorable discharge to a member

of the U. S. Army Reserve under

the security provisions of its reg-

ulations. The discharge followed

a field board hearing held last

December, at which the veteran

was represented by Ernest Besig,

ACLU executive director. :

The Charges

The veteran was served with

three charges springing from al-

leged activities after he was sep-

arated from active service. "Since

1959," the first charge declared,

"you have been a member and

attended numerous meetings of

the Bay Area Young Socialist Al-

liance, also known as the Young

Socialist Alliance, at San Fran-

cisco, California."

The second charge alleged that

the respondent "On April 5, 1959,

May 3, 1959, and May 17, 1959,

respectively, ... attended meet-

ings sponsored by the Mark

Twain Club, also known as Mark

Twain Marxist Study Club, in San

Francisco, California."

Final Charge

The third and final charge al-

leged that "On September 2, 1960,

when executing Department of

Defense Form 398 (Statement of

Personal History), you materially

falsified an official document by

failing to list thereon your mem-

bership in the Bay Area Young

Socialist Alliance and attendance

of (sic) meetings of the Mark

Twain Club."

Appeal Taken

The Army ruling declared that

the veteran had failed to substan-

tially rebut the allegations made

against him and gave him 20 days

in which to file an appeal. Even

though an honorable discharge

has been issued, an appeal has

been taken on the ground that

the field board hearing failed to

provide the appellant with the

safeguards required by law,

namely, confrontation with his

accusers. The appeal relied on a

decision of the U. S. Court of

Appeals for the District. of Co-

lumbia, in a ease decided last

June 15 (Bland. v. Connally).

In any case, the appellant's

service in the inactive reserve

will expire some time this year.

In that event he would also re-

ceive an honorable discharge, but

there would be no reference to

the security regulations.

Berkeley Ends

Released Time

For Religion

The 18-year-old policy of Berke-

ley's school board in allowing

students in certain elementary.

school classes to be released dur-

ing school time for one hour a

week to attend religious instruc-

tion came to an end recently by

a 3 to 1 vote, with board mem-

ber Petersmeyer absent. . The

change becomes effective next

September.

Opponents of the program ar-

gued that it was divisive and dis-

ruptive. Very few children par-

ticipated and the others were re-

quired to mark time in their

classrooms while the few were

absent.

Others argued that in using the

authority of the State to secure

enrollment of pupils in outside

religious instruction, the schools

were violating the "establish-

ment of religion" clause of th

First Amendment. e

Under State law, school dis-

tricts may establish released

school time for religious instruc-

tion. San Francisco, for example,

never did adopt the program.

There is a growing opposition

to the program in California. The

- ACLU has continued its opposi-

tion, despite the 5-4 decision of

the U. S. Supreme Court uphold-

ing its constitutionality.

Son Frencisco City College

ff

Impromptu meetings by the Student Peace Union on the

San Francisco City College campus recently resulted in the

promulgation of a regulation seriously restricting student

meetings. "Only those activities and gatherings which are

authorized under the student government and activity pro-

gram or which have been cleared

through official administrative

channels are permitted on cam-

pus."

Unauthorized Gatherings

"Recently," says the announce-

ment, "a number of unauthorized

gatherings were held on campus.

Such gatherings were a source of

alarm and concern to the admin-

istrative officials of the College

because the feelings of those in-

volved were strained beyond the

discussion stage to the point at-

which a riot could easily have

been provoked, No individual or

organization was authorized to in-

stitute or encourage such gather-

ing,

Disciplinary Action

`Therefore," the announcement

goes on to say, "in order to main-

tain standards of proper and safe

conduct on campus, any student

who instigates or actively partici-

pates in any such unauthorized

gatherings as those referred to

in this memorandum shall be sub-

ject to disciplinary action,

"Visitors to the campus, except

those invited through administra-

tive channels, must register at

the office of the President. Post-

ers, bulletins, leaflets, etc., shall

not be posted or distributed on

Flag Salute -

Issues in

Public Schools

A student at South San Fran-

cisco High School recently was

barred from all assemblies and

rallies by the principal because

he had conscientious objections

to reciting the pledge of allegi-

ance. The ACLU has suggested

to Louis Bagnall, the principal,

that if a student may not be ex-

pelled from school because of re-

fusing to join in the flag salute

ceremonies, as decided by the

U.S. Supreme Court in 1943, less-

er penalties may not be visited

upon him.

Told te Write Pledge

The ceremony took place in the

student's biology class. The teach-

er required the boy to write the

pledge ten times, but he declined

to do so. In consequence, the

. teacher told the boy his grade

would be withheld until he com-

plied. Instead, the boy trans-

ferred to another biology class.

At this point, the teacher com-

plained to the principal and the

boy was called into the office.

The ACLU has not yet received

a response from the principal.

Marin County Issue

In a Marin County high school

a question has been raised over

students saluting the flag several

times a day. Despite the state

requirement that the flag salute

or other patriotic exercises be

offered, no student can be com-

pelled to salute the flag. "We

think," said the U. S. Supreme

Court in 1943, "the action of the

local authorities in compelling

the flag salute and pledge trans-

-cends constitutional limitations

on their power and invades the

sphere of intellect and _ spirit

which it is the purpose of the

First Amendment to our Consti-

tution to reserve from all official

control." oe

campus without official] admin-

istrative sanction."

Dr. Louis Conlan, President of

the College, has refused to allow

the Student Peace Union to come

on campus. He is reported as say-

ing, "We decided there are no

More groups needed on campus

for this semester." He also

claimed that the students were

too immature and needed the

presence of upper classmen who

might afford guidance, He also

said that no national organization

would be permitted on campus,

Dictatorial Powers

Dr. Conlan declined to furnish

the ACLU with the College regu-

lations governing student organi-

zations. He directed the ACLU to

Dr, Harold Spears, the Superin-

tendent of Schools, Dr. Spears

furnished the regulations

through his Legal Adviser, Irv-

ing Breyer. Mr. Breyer says the

San Francisco Board of Educa-

tion has given the college author-

ity "to prohibit any action on or

about the campus which: is inimi-

cal to the welfare of the general

student body or any group or in-

dividual thereof. Inasmuch as the

phrase `about the campus' is un-

limited in its scope, the college

authorities are authorized to de-

fine the same as circumstances

arise," the letter says. He also

_ cited a provision of the student

handbook limiting use of the col-

lege name, and a couple of pro-

visions of the Education Code

which appear to be inapplicable.

Blackout On News

Typical of the authoritarian

manner in which the school ad-

ministration runs the college, the

faculty advisor of the school pa-

per (The Guardsman) refused to

allow any stories on the John W.

Mass case to be printed, although

Mass taught at the college. In

protest, one student, Jefferson

Poland, circulated leaflets en-

titled "Fredom of Press? ..,. Not

at CCSF!" "The Guardsman,"

says the leaflet, "is published

and paid for by the Associated

Students-not by Miss Nourse

(the faculty advisor), not by the

school board, not by the admin-

istrators. We deserve complete,

impartial reporting of all news

which directly affects CCSF," the

leaflet goes on to say. "We de-

serve a readers' forum on the

editorial page where we ean

freely debate important issues-

campus, state, national, or inter.

national."

Hot Issue Unreported

The leaflet also noted that

"Several students are trying to

organize a Student Peace Union

on campus, and the administra-

tion is violating the student body

constitution in order to stop

them. This is a hot issue, but the

Guardsman has not reported it

to you. Why? I think it is he-

cause the administration is more

sure to Win this fight if it is kept

hushed up."

Civic Centers Available

Of course, under the Civic Cen-

ter Act any group may hold meet-

ings at City College which do not

interfere with the school pro-

gram, Maybe this is the way to

secure freedom of speech and as--

sembly at S.F. City College.

ACLU NEWS

JUNE, 1962

Page 3

ress.

=

National Board Statement

After lengthy consideration, the national board of the

ACLU on April 16 adopted a new statement of policy with

respect to censorship. The local board of the ACLU has not

as yet examined this revised statement, although it has pre-

viously disagreed with Point 4. The local ACLU office wel-

comes the comments of ACLU

members concerning this impor-

tant declaration. The complete

policy statement recently

adopted and earlier policy state-

ments on specific issues follow:

All Speech Protected

"1. The ACLU believes that

the constitutional guarantees of

free speech and press apply to

all expression and that all limi-

tations of expression on the

ground of obscenity are uncon-

stitutional. If, notwithstanding

the ACLU's opinion, such stat-

utes are held to be constitutional,

then we submit that they must

comply with the following con-

ditions:. any governmental re-

striction or punishment of any

form of expression on the

ground of obscenity must require

proof beyond a reasonable doubt

that such an expression would

directly and substantially cause

in a normal adult behavior which

has validly been made criminal

by statute, subject only to the

following exception: when there

is proof beyond a reasonable

doubt that the target group of

the particular distribution

charged to be obscene is com-

posed of other than average

adults (e.g., children or savants)

then the test is the foregoing

effect established beyond a reas-

onable doubt on that group.

"This standard should apply

at the Federal, State and local

levels; to laws, regulations and

injunctions; to censoring, licens-

ing, in rem proceedings, prose-

cutions and any other means of

governmental restriction or

punishment.

Prior Restraints

"2. The ACLU opposes any

` governmental restriction or pun-

ishment, prior to publication or

exhibition, of any form of ex-

pression on the ground of ob-

scenity, even with the proof pre-

- geribed above.

Restraint After Publication

*3. The ACLU believes that

any governmental restriction or |

punishment, after publication or

exhibition, of any form of ex-

pression on the grounds of ob-

scenity, even with the proof pre-

scribed above, must also meet all

other applicable constitutional re-

quirements, including a clear

`Statutory definition of the of-

fense, the right to counsel, the

right to a prompt and fair public

trial by jury, and the right to

appeal; and that no action should

_ be directed against persons who

are without knowing and _ sub-

stantial responsibility for the

creation or distribution of the

material in question. Indeed we

prefer the use of in rem proceed-

ings against material alleged to

be obscene - with a right to de-

fend the material being afforded

the publisher, distributor, re-

tailer, etc-as a prerequisite to

any criminal prosecution of any

person for publishing, distribut-

ing or selling such material

thereafter. [If an adverse determi-

nation is made in such a pro-

ceeding, based on the exception -

in Paragraph 1, the judgment

should be limited to that "target

group," so as not to affect other

groups in subsequent proceed-

ings. Also, a) in any criminal

prosecution, knowledge of any

prior in rem finding of obscenity

ACLU NEWS

JUNE, 1962

Page 4

should be required; b) in any

criminal prosecution following

an in rem finding of obscenity a

trial de novo on the question of

obscenity should be required; c)

any party in interest should be

permitted to reopen an in rem

finding of obscenity after the

passage of a reasonable period of

time. The statute should define

such a period as within five years,

but should not bar subsequent

action." :

(Adopted April 16, 1962)

Private Censorship

"4. The Union defends, as be-

ing within both the letter and

the spirit of the Constitution, any

simple expression by any indi-

vidual or group of disapproval

of the contents of any book, etc.,

or any attempt simply to dis-

suade others from buying it. It

recognizes as far as legal right is

concerned, the use of such or-

derly and lawful means as peace-

ful and unobstructive picketing

and the organization of a specific

and primary boycott, even when

they imply some degree of coer-

cion. However, in view of the

fact that the field of communica-

tion differs significantly from

the general field of industry and

commerce, the Union actively

opposes, as being especially con-

trary to the spirit of the Consti-

tution, the use of such means in

the following ways: (1) as pres-

sure, or explicit threat thereof,

at any time prior to the actual

offering of a motion picture, etc.

-to the public; and (2) even after

the actual offering to the public,

in the form of a general or sec-

ondary boycott- designed, for

example, to close a theater en-

tirely or to close other theaters

whose proprietors ally them-

selves with the proprietor of the

first theater."

(Adopted November, 1951)

Industry Codes

"5. Freedom in the trade of

ideas may be limited by law, as

through censors, by pressure

group action, as through boy-

cotts or intimidation, and as well

by industry agreements or prac-

tice. The latter, generally called

codes, are agreements under-

taken by industry members of a

media of communication, which

are intended to set standards of

propriety. Ostensibly, codes have

been instituted in the motion

picture and radio-television me-

dia to ward off threatened gov-

ernmental censorship.

"Insofar as codes set forth

limitations on what may be said

or done, they are restraints upon

freedom of expression. Where as

in the motion picture industry

the major producers have com-

bined to prohibit the use of cer-

tain subject matter in motion

picture scripts, there is an effec-

tive restraint of trade in ideas.

The ACLU's interest is involved

because this code, in effect, cov-

ers practically the entire indus-

try and has made practically

impossible the distribution or ex-

hibition of any U. S. made mo-

tion picture not produced in

compliance with code standards

or requirements.

Radio and Television

"In the radio and television

field, a code is even more vul-

nerable from a civil liberties

ACLU Opposes

Suppression of

Huck Finn Play

Attempts of President Terry

Francois, San Francisco head of

the NAACP, to suppress a mu-

sical version of "Huckleberry

Finn" at George Washington

High School were condemned

last month by the ACLU ag an act

of censorship and a denial of

freedom of expression of the

school's student body.

Francois objected to the cast- .

ing of Negro students as slaves,

but Ernest Besig, ACLU execu-

tive director, insisted that such

casting does not reflect upon the

race of the Negro students.

At the same time, the ACLU

said it would defend Francois'

right to express opposition to the

musical, even though we think

he's wrong.

The NAACP finally voted to

boycott the musical but not to

picket. Twenty-two of the Negro

east of 30 decided to continue

their participation. The school

administration then decided to

go ahead with the musical which

is to be performed on June 1

and 2.

Axelrod Ups Bail

On Requests

For Jury Trial

`Vhen a defendant who was

charged with being drunk in a

public place asked for a jury

trial, Municipal Court Judge Al-

. bert Axelrod increased the bail

from $10.25 to $525, The Public

Defender's Office secured reduc-

`tion of the bail to $52.50 on ap-

plication to the Superior Court.

The District Attorney's office

complains that some drunks ask

for a jury trial in order to get

before a more lenient judge.

When the case is called for trial

they plead guilty and the county

has had the expense of summon-

ing a jury.

S.F. Police

Object to Nude

Painting of Boy

Last month, police officers of

the San Francisco Juvenile

Squad demanded the removal of

painting of a nude boy which

was hung in a bookstore on

Ocean Avenue occupied by Ju-

lius Nathan, The large picture

had been painted by Mr. Nath-

,an's son Michael.

To satisfy the police, Mr. Nath-

an turned the painting to the

wall and consulted the ACLU.

The ACLU promised it would

support Mr. Nathan if he were

arrested for exhibiting an ob-

scene painting. :

P.W. Subscriber

@uizzed by Police

A Univ. of California student

complained to the ACLU last

month that he had been visited

by an FBI agent and questioned

about a subscription to the

"People's World." The ACLU

advised him that Americans are

free agents and don't have to

answer the questions of the FBI,

nor admit agents into their

homes,

standpoint because the subscrib-

ers to a code are operating their

business on a franchise obtained

from the public domain. We sup-

port the statement of the chair-

man of the Radio Committee and

the director of the ACLU to Mr.

Paul A. Walker, chairman of the

Federal Communications Com-

mission, of June 2, 1952.

"The ACLU, therefore, op-

poses the Motion Picture Produc-

tion Code and the Radio-TV Code

insofar as they restrict freedom

of expression."

(Adopted January 28, 1952) -

~

ACLU Protests

Censorship by

Berkeley Police

At the request of the Berkeley

police, copies of "Pornography

and the Law" were removed from

Berkeley bookstores by the dis-

tributor-Gilboy of Oakland. Two

copies were picked up by Gilboy's

driver at Books Unlimited, the

Berkeley Co-Op store. At the re-

quest of the manager, however,

the books were returned and Stan

Brown called the matter to the

ACLU's attention.

The police readily admitted

that the books had been removed

at their request. They did so, ac-

cording to Capt. Lundquist, on

the complaint of the mother of a

thirteen-year-old boy. Ernest

Besig, ACLU executive director,

suggested that the police could

make an arrest if they believed

the obscenity law was being vio-

lated but in causing removal of

the books they were acting as

censors.

After consulting with the Chief,

Capt. Lundquist said they would

telephone the distributor and

modify their original position.

They would merely transmit the

mother's complaint and urge re-

moval of the books. Besig said

this was still attempted censor-

ship since the action was sup-

ported by a police uniform and in

order not to antagonize the po-

lice the books would be removed.

The ACLU said it would com-

plain to the City Council,,

Barring of Red

Speakers From

U.C. Challenged

An appeal has been taken from

the decision of the Superior Court

of Riverside County denying a

writ of mandate to require the

administration of the University

of California at Riverside to al-

low students to hear speakers of

`their choice. The university re-

fused to allow a debate on May

16 on the topic, `Should the Com-

munist Party Be Outlawed in the

United States?" Participants were

to include a representative of the

Communist Party and someone in

favor of banning the party,

The petition was filed on be-

half of four students by counsel

for the Southern California

branch of the ACLU. It chal-

lenges the position of the univer-

sity banning Communists from

speaking on any of its campuses.

The chief legal contention is

that the university is making an

unlawful discrimination when it

allows members of some groups

to speak on campus, but not

others. As the California Su-

preme Court stated in 1946: "A

state is without power to impose

an unconstitutional requirement

as a condition for granting a priv-

ilege, even though the privilege

is the use of state property."

The first right of a citizen

Is the right

To be responsible.

AMERICAN CIVIL L

Censorship of

Cal. Poly College

Paper Ended

Restrictions upon the student

paper "El Mustang" at Califor-

nia State Polytechnic College

were swiftly lifted after an in-

quiry by the ACLUNC. On April

16, editor Jim McLain was called

into the office of Dale W. -An-

drews, Dean of the College and

told "that there would be a mora-

torium, or temporary stoppage,

placed on all articles concerning

a controversial parking issue.

Had I not agreed to Dr. Andrews'

"proposal," he was prepared to

e

issue me a directive stipulating

the above," according to an arti- -

cle in the April 26 issue of "El

Mustang." The ACLU wrote to

the President on April 20.

DEAN'S EXPLANATION

Dean McLain declared "There

was no intention to prevent El

Mustang from printing facts

about any issue. It was felt that

a temporary delay to calm in-

flammatory statements would

benefit all concerned. The col-

lege has no objection to a free

press."

The students have objected to

enforcement of campus parking

laws adopted by the State Legis-

lature. The Deal threatened dis-

ciplinary action if the students

did not comply with the laws. An

unruly group of students pro-

testing parking regulations wel-

comed Gov. Edmund G. Brown

and his wife recently when they

visited the campus.

ASSURANCES GIVEN

"We have the word of Presi-

dent Julian A. McPhee and Dr.

Andrews that the type of censor-

ship that was put on El Mustang

last week will never be used

again,' the editor declared, "We

asked for the right to print arti-

cles about anything that concerns

this campus. El Mustang has that

right so long as articles written

are responsible and are not libel-

ous. This is all we asked for.

This is what a free press is."

The college administration is

to be congratulated on its cour-

age in admitting a mistake and

correcting it,

Palo Alto

Meeting

All Mid-Peninsula members

have an open invitation to at-

tend chapter board meetings

- on the second Thursday of

each month-at the All Saints'

Episcopal Church (Young Peo-

ples' Room) - Waverly and

Hamilton in Palo Alto -

8:00 p.m.

At the next meeting - on

June 14 - Herbert Packer,

professor of law at Stanford,

wil] talk on "Church-State Is-

sues in Federal Aid to Educa-

tion."

JOIN TODAY

2

IBERTIES UNION

OF NORTHERN CALIFORNIA

Patron Membership Rr

sustaining Membership =. oc. isc ee ce veces

Business and Professional Membership .........2+.+. 25

50

Family Membership coeeereoeve ee eaeaee7eoeeoe27e (c) HHH 8 ECO DB ,12

Associate: (iermibership ~....... ss 10. .0.- se, ee 10

Annual iembership |. 6. eis cs ec es eas cca ses 6

`Junior Membership (under 21) ......ccccecccvccccs 2

ACLU: News Subscription ....:4.,0sc86iecsrssc.- 92,00

NAME COHTSTHHTEFTHHOHHHCHHHOHHEHHHEHHESHOHSHHHHANOHHRHEHTHHRHSOHOHLEEHHHEOEORS

ADDRESS Oe teem reece eee en cores es ene severe sessedonsscveses

TELEPHONE NUMBER......ccescecee.

AMT. ENCLOSED. .... cc0

503 Market Street

ee

San Francisco, 5

see