vol. 28, no. 4

American

Civil Liberties

Union

Volume XXVIII

SAN FRANCISCO, APRIL, 1963

New Regulations Adopted

ue Process |

Victory In

Citizenship Case

Last month the Immigration Service conceded in fed-

eral court that it acted erroneously in cancelling the Cer-

tificate of Citizenship of Woo Tai King (known as Tommy

Woo). The Service rescinded the order cancelling the cer-

tificate and returned it to Woo, who had been forced to

surrender it under threat of crim-

inal prosecution.

After Woo's certificate was

eancelled because of alleged

fraud, the ACLU filed suit in

his behalf challenging the con-

' gtitutionality of the statute un-

der which this was done be-

cause it did not provide for con-

frontation or cross - examination

of adverse witnesses. The suit

was prepared by staff counsel

Marshall Krause and volunteer

attorney George Duke. The USS.

Attorney moved to dismiss the

ease on the ground that the cer-

tificate was of no legal value,

but district judge Albert Wollen-

berg: denied the motion. In fact,

a Certificate of Citizenship is the

only evidence a person born out-

side the United States has that

he is a USS. citizen because of"

the citizenship of his parents.

Three-Judge Court Convened

A three-judge district court was

then convened to pass upon

Woo's claim to have been de-

prived of his property without

due process of law by operation

of the statute involved (8 U.S.C.

sec, 1453). but the government's

action in giving him back his

certificate has deprived him of a

cause of action and the suit will

now be dismissed as moot.

New Regulations

Meanwhile, on January 9, 1963,

the Immigration Service adopted

new regulations to supplement 8

U.S.C. sec. 1453. These regula-

tions (8 C.F.R. part 342) now pro-

vide that a person who contests

the proposed cancellation of a

certificate of citizenship may con-

front and cross-examine those

who provide evidence against the

_ validity of the certificate. How-

ever, the basic section still re-

mains ambiguous since its pro-

vides that the certificate may be

cancelled if it appears "to the

Attorney General's satisfaction"

that it was obtained by fraud.

There is also no safeguard to

prevent the Attorney General

from acting on evidence undis-

closed to the certificate se

-M.W.K,

Eichler Civil

Rights Fund

Established

Mr. and Mrs. Joseph L. Eichler

of Atherton have pledged approx-

imately $150,000 to the Stanford

Law School to support its work

"in the field of constitutional law

and civil rights." A first payment

upon the pledge, already re-

ceived, is being used to establish

the Joseph L. Eichler Fund.

It is expected that the money

will be used for such things as

seminars with distinguished vis-

itors, special lecture series, con-

ferences which may include

elements of the public as well as

lawyers and jurists, and subsi-

dized publication of highly valu-

able writings with small potential

for commercial success.

lin `This issue -

Ban Cencorship by Rhode

Island Youth Commission p.

nS

Calendar of Local Events for

New Members ........ p.3

L.A. School Oath Upheld by

State Supreme Court ...p.3

Minister's Talk Causes

Alameda School Inquiry .p. 2

Protection Sought in Miss.

Vote Campaign ........ p.4

ACLU Position

On Newspaper

Merger Probe

The American Civil Liberties

Unien declared last month that

an investigation by the House

Anti-Trust. Subcemmittee into

newspaper mergers and the de-

cline of competition in news

media was not violation of the

First Amendment.

"The American Civil Liberties

- Union believes that the First

Amendment, by which diversity

of opinion is protected, consti-

tutes no bar to investigation of

economic concentration in the

newspaper field and of the appli-

cation of the anti-trust acts to

such concentration,' the civil

liberties group said.

The ACLU's views were made

known in a letter to Congress-

man Emanuel Celler, chairman

of the anti-trust subcommittee

which began aresTSs on March

iS:

At the same time the ACLU

warned against the inquiry veer-

ing "into questioning about the

`content of newspapers or the

political and social views of the

newspaper personnel who may

be witnesses. _

"Heartened as we are by your

statements that the subcommit-

tee is aware of this problem," the

ACLU wrote Congressman Cel-

ler, "we do want to emphasize

our concern. The possible good

that might emerge from a study

of the economics of newspaper

concentration will be dissipated

if the hearing takes on even the

appearance of an investigation

into the opinions or associations

of newspaper personnel or pub-

lishers, or a stigmatization of

newspapers for their content or

opinions."

The Union's letter stressed

that application of the anti-trust

laws to the press may `"impor-

tantly implement one of the First

Amendment's fundamental pur-

poses, to insure that the public

has access to a full spectrum of

political, economic and social re-

porting and editorial opinion. It

is widely and, we think, justifi-

ably assumed that the prevention

of monopoly in the press serves

that purpose by promotinga_

diversity of sources of news and

opinion."

Number 4

Return of :

700 Seized

Books Asked

Last month the ACLU demand-

ed the return of more than 700

books and magazines seized from

the Daly City Cigar Store over

two years ago by the Daly City

Police. The books and magazines

were seized "as evidence" at the

same time Mr. and Mrs. Jack

Shaver, the owners of the store,

were arrested for offering for

sale three allegedly obscene

books. The Shavers were defend-

ed by the ACLU and their con-

victions were reversed on appeal

for errors at the trial.

Although the law at the time

required an immediate hearing

on the character of the 700 books

seized in connection with the

Shavers' arrest, there never has

been such a hearing. The motion

for return was made before

South San Francisco Municipal

Judge Charles Becker and will

be argued on April 2d. It will

be based upon due process and

First Amendment principles

which require that material pos-

sibly within the freedom of

speech and press guarantees not

be subjected to a prior restraint

without a prompt determination

of its character.

The district attorney will no

doubt argue that the material is

needed as evidence for the re-

trial of the Shavers, now sched-

uled for June 17th. However, a

recent. District Court. of Appeal

decision holds that literary ma-

terial not given a prompt hearing

cannot be held as evidence in an

obscenity trial unless the materi-

al is itself the subject of the trial.

M.W.K.

Lenny Bruce and 5S. F. Police

Lieutenant Les Dolan, chief of the narcotics bureau of the

San Francisco Police Department, answered a complaint of

an illegal search of Lenny Bruce's San Francisco hotel room

on March 19 with the declaration that four of his men did

"look around" the comedian's room without a search war-

rant but he dismissed the inci-

dent as "routine police work."

Looking for Another Man

Dolan excused the entry into

Bruce's room on the ground that

they were looking for Daniel H.

Lightsey, 26, who was wanted in

Santa Monica on a charge of

forging prescriptions for danger-

ous drugs. Dolan claimed that

Lightsey flew up from Los An-

geles with Bruce on March 18

and that Bruce paid for Light-

sey's ticket. Lightsey was arrest-

ed March 21 by State narcotics

agents in a hotel three blocks

from Bruce's,

"Prudent Police Work"

Dolan insisted to newsmen that

his men had reasonable cause to

Contributions

Deductible for

Tax Purposes

ACLU of Northern California -

supporters who are preparing

their Federal and State 1962 in-

come tax returns in order to

meet the April 15 deadline

should remember that contribu-

tions made to this branch are

now deductible for income tax

purposes.

The State ruling was made in

1958 following incorporation of

the branch. The Federal ruling

applies to contributions made on

or after September 13, 1962. Any

contributions made prior to last

September 13 are NOT deduc-

tible for Federal income tax pur-

poses.

Prayer in Alameda County

School Held fo Be Illegal

Recitation of the Lord's Prayer by pupils in the fifth

grade of the Dublin School of the Murray School District in

Dublin (southern Alameda county) was discontinued last

month after protests of the ACLUNC were upheld by the

legal advisor for the school district.

Michael M. Lindemann, Super-

intendent of the district, in a

letter to the ACLU declared that

"The District Attorney ... ad-

vised us that it was illegal to re-

cite public prayer in the public

school classrooms of California.

The District Attorney cited the

1962 Supreme Court decision,

California Attorney General's

opinion and the Education Code,

Section 8435 as the basis of his

opinion."

Three-Year Practice

The ACLU had requested the

Board of Education to investigate

the matter after it received a

complaint that the prayer was be-

ing recited in the classroom of

Mrs. Ellen Nevins. Mrs. Nevins

- explained that the prayer had

been recited in her classroom

since she came to the school near

San Ramon Village three years

ago, but that it was not com-

pulsory.

Teacher Unhappy

Mrs. Nevins reluctantly com-

plied with instructions to discon-

tinue the prayer. "People are

concerned about the wrong

things, especially in California,"

she complained. "This nation was

founded on love of God and coun-

try," she declared. "What better

place to promote those virtues

than in the classroom?" Mrs. Nev-

ins has now substituted a minute

of silence for the prayer.

of the curriculum

The ACLU's protest cited a

1955 ruling by Edmund G.

Brown, then Attorney General of

California, stating that "Religious

prayers may not be made a part

in public

schools." :

The legal ruling in the present

instance was made by Ronald

Motta, Alameda county Deputy

District Attorney.

National Board

Member Makes

ACLUNC Circuit

Dr. John Paul Jones, a member

of the national ACLU Board and

a Unitarian minister from Am-

herst, Massachusetts, took time

out on a west coast visit last

month to address three ACLU

chapters in northern California

On March 21 he attended a

Monterey chapter meeting to dis-

cuss local church-state problems.

From there he went on to San

Jose, where he was guest speaker

for the Santa Clara Valley chap-

ter on the subject of "The

Human Predicament and a Free

Society." The following day,

March 23, Dr. Jones spoke to the

Santa Cruz chapter on "Church,

State and the Emancipation Dil-

lemma."

enter the hotel room end "Nat-

urally, the men searched Hill

(who was in the room) and also

took a quick look around the

room. This is just prudent police

work," he went on to say. "When

you work with narcotics, you have

to look for the stuff where and

when you can.

Facts About the Raid |

The following report of the

raid, given to the ACLU by Ev-

erett Hill, who was in Bruce's

hotel room when it occurred,

formed the basis of an ACLU re-

quest for an investigation by

Chief Thomas J. Cahill:

Bruce occupied Room 1209 at

the Fielding Hotel, which is lo-

cated at Geary and Mason streets.

At 10 p.m. when he left for his

evening performance Hill was in

the room when there was a knock

on the locked door. Hill asked,

"Who's there?" A voice respond-

ed, "Its me, Lenny. I forgot

something, Let me in." Since the

voice didn't appear to be that of

Lenny Bruce, Hill again asked,

"Who's there?" The voice an-

swered, "Open the door quick,

Alex." There was no Alex in the

room (as the real Lenny Bruce

knew) and the voice was not

that of Bruce.

Complaint to Management

Consequently, Hill telephoned

the hotel office and asked wheth-

er Mr. Bruce had as yet left the

hotel. He was told that Bruce

had just gone out the door. Hill

then complained that someone

was trying to gain entrance into

Bruce's room. The clerk sur-

mised that it might be some

young people from a floor below

and he promised to send someone

up right away to investigate. _

At this point, the window flew

open, the venetian blinds were

pulled aside and two men entered

the room from a fire escape,

headed by Officer Martinovich.

They opened the door and al-

lowed two other officers to enter.

Upon request, Hill identified

himself. He then asked the of-

ficers whether they had a search

warrant. He was given an obscene

response. About this time the

phone rang but Hill was instruct-

ed not to answer it.

Twenty Minute Search

The officers stayed about

twenty minutes, during which

time they made a _ thorough

search of the room. They wanted

to know who Alex was and Hill

told them he was a friend of

Lenny Bruce. They also wanted

a description of Alex, which Hill

said he didn't have the skill to

furnish.

The raiding group was headed

by Inspector Tony Arrieta and

Patrolmen . Walter Martinovich,

Charles Wettstein and Herbert

Lee.

Prompt Investigation Sought

The ACLU said in a letter to

Chief Cahill that if the facts pre-

sented by it were correct then

"there has obviously been an un-

Jawful search of the hotel room

of Lenny Bruce." The ACLU

asked for a prompt investigation

and to be advised of its results.

As the "News" goes to press, the

ACLU has not received a re-

sponse from Chief Cahill. The

press quotes him as saying, "As

far as I know, the officers did

nothing improper."

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

Ralph B. Atkinson

`Dr. Alfred Azevedo

Prof. Arthur K. Bierman

Rey. Richard Byfield

Prof. James R. Caldwell.

William K. Coblentz

Richard DeLancie

Rabbi Alvin |. Fine

Mrs. Zora Cheever Gross

John J. Eagan

Prof. Van D. Kennedy

Rey. F. Danford Lion

Prof. Seaton W. Manning

Honorary Treasurer:

Jcseph 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

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard A. Friedman

VICE- hes Dr. Alexander Meiklejohn

Helen Salz

Rev. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

John R. May -

Lloyd L. Morain

Prof. Herbert L. Packer

William M. Roth

Clarence E. Rust.

John Brisbin Rutherford

Mrs. Alee Skolnick

Mrs. Martin Steiner

Gregory S. Stout

Stephen Thiermann

Richard J. Werthimer

Donald Vial

GENERAL COUNSEL

Wayne M. Collins

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Prof, John Henry Merryman

Rev. Robert W. Moon

Dr. Marvin J. Naman

Prof. Hubert Phillips

Prof. Wilson Record

Dr. Norman Reider

Prof. Wallace Stegner

Mrs. Theodosia Stewart

Mrs. Kathleen D. Tolman -

Rt. Rey. Sumner Walters

in Censorship By Rhode

Iodond Youth Commission

3

The US. Supreme Court recently held that the activities

of the "Rhode Island Commission to Encourage Morality in

Youth," created by the State Legislature, violated freedom of

the press.

The case involved four New York publishers of paperback

books which were exclusively -

distributed through Max Silver-

stein and Sons. The Commission

practice was "to notify a distribu-

tor on official Commission Ssta-

tionery that certain designated

books or magazines distributed

by him had been reviewed by the

Commission and had been de-

elared by a majority of its mem-

bers to be objectionable for sale,

distribution or display to youths

under 18 years of age. Silverstein

had received at least 35 such

notices at the time this suit was

brought. e

} " Typical Notice

"The typical notice to Silver-

stein either thanked Silverstein,

in advance, for his `cooperation'

with the Commission, usually re-

minding Silverstein of the Com-

mission's duty to Recommend to

the Attorney General prosecu-

tion of purveyors of obscenity.

Copies of the lists of `objection-

able' publications were circu-

lated to local police departments,

and Silverstein was so informed

in the notices.

| Distributor's Reaction

Silverstein's reaction on re-

ceipt of a notice was to take

steps to stop further circulation

of copies of the listed publica-

tions. He would not fill pending

orders for such publications and

would refuse new orders. He in-

structed his men in the field to

visit his retailers and to pick up

all unsold copies, and would then

promptly return them to the

publishers. A local police officer

usually visited Silverstein

shortly after Silverstein's re-

ceipt of a notice to learn what

action he had taken. Silverstein

was usually able to inform the

officer that a specified number

of copies received from a pub-

lisher had been returned."

| Distributors Intimidated

The lower court found that

"The effect of the said notices

were clearly to intimidate the

ACLU NEWS

APRIL, 1963

Paae 2

various book

wholesale distributors and re-

tailers and to cause them, by

reason of such intimidation and

threat of prosecution, (a) to re-

fuse to take new orders for the

proscribed publication, (b) to

cease selling any of the copies on

hand, (c) to withdraw from re-

tailers all unsold copies, and (d)

to return all unsold copies to the

publishers."

No Safeguards

The court declared that "The

Commission's operation is a form

of effective state regulation

superimposed upon the State's

criminal regulation of obscenity

and making such regulation

largely unnecessary. In thus ob-

viating the need to employ

criminal sanctions, the State has

at the same time eliminated the

safeguards of the criminal

process. Criminal sanctions may

be applied only after a determi-

nation of obscenity has been

made in a criminal trial hedged

about with the procedural safe-

guards of the criminal process."

A Scheme of Suppression

"We hold that the system of

informal censorship disclosed by

this record violates the Four-

teenth Amendment. [The Com-

mission's} operation was in fact

a scheme of state censorship ef-

fectuated by extra-legal sanc-

tions; they acted as an agency

not to advise but to suppress."

Volunteer

Photographer

Wanted

rent case, the ACLU would

dike a volunteer photographer

to spend a half day taking

candid shots. The camera and

photographer should be cap-

able of work which can be

enlarged to show detail. The

ACLU will pay expenses. Call

Marshall Krause at Ex 2-4692.

and magazine ~

In connection with a cur- [|

Pamphlets and Books

Fer Sea

The following books and pam-

phiets are available at the ACLU

office, 503 Market St., San Fran-

cisco. 5, Calif., at the prices indi-

cated. Mail orders accepted if

accompanied by payment:

1. Academic Freedom and Aca-

demic Responsibility - A state-

ment of the principles concern-

ing the civil liberties of teachers

in public and private schools, col-

leges, and universities, published

by the ACLU. 16 pages. Price 10

cents. :

2. Academic Freedom and Civil

Liberties of Students in Colleges

and Universities - Published by

- the ACLU in November, 1961. 15

pages. Price 10 cents.

3. Academic Due Process - A

statement of desirable proce-

dures applicable within educa-

tional institutions in cases in-

volving academic freedom. Pub-

lished by the American Civil

Liberties Union. 8 pages. Price

10 cents.

4. "Freedom Through Dissent"

42nd annual report of the na-

tional ACLU - July 1, 1961 to

June 30, 1962. Published for the

ACLU by Oceana Publications,

Inc. 88 pages. Price 75 cents.

5. Movies and Censorship, by

Bosley Crowther - Public Af-

fairs Pamphlet, issued Septem-

ber, 1962, 28 pages. Price, 25

cents.

6. The Wiretapping Problem

Today - A report of the Ameri-

can Civil Liberties Union, pub-

lished March, 1962. 20 pages.

Price, 15 cents.

7%. Grand Inquest, by Telford

Taylor - Ballantine Books, Inc.

This excellent book was first

published in 1955 and deals gen-

erally with congressional investi-

gations. Price, 75 cents.

8. What's Happening in School

Integration? By Harold C. Flem-

ing and John Constable. Public

Affairs pamphlet issued Decem-

ber, 1956. 20 pages. Price 25

cents.

9. Engel vs. Vitale, Jr. Opin-

ions of the U. S. Supreme Court

in the Regents Prayer Case, de-

cided June 25, 1962. 32 pages.

Price, 20 cents.

10. Religious Schools and "See-

ular" Subjects - An analysis of

the premises of Title II, Section

305 of the National Defense Edu-:

eation Act, by George R. La

Noue of Yale University. Re-

printed from Harvard Educa-

tional Review, Summer 1962.

"Are the subjects of science,

mathematics and foreign lan-

guages truly `secular' subjects in

parochial schools as supporters

maintain?" 35 pages. Price 50

cents. |

1. Religion and the Public

Schools, by Marvin Braiterman-

Published by the Commission on

Social Action of Reform Juda-

ism. 72 pages. Price, 35 cents.

12 Freedom of the Mind, by:

Justice William O. Douglas -.

Published by American Library

Association in cooperation with

the Public Affairs Committee,

Ine. Discusses the trend to con-

formity, mass communications,

the Bill of Rights, shackles on

thought, libel laws, freedom of

speech and communism, loyalty

oaths, legislative investigations,

freedom of speech, censorship

and challenging the status quo.

44 pages. Price 60 cents.

13. The Bill of Rights and the

States, by Justice William J.

Brennan, Jr. - Published by the

Center for the Study of Demo-

cratic Institutions. 24 pages.

Price 25 cents.

14. Some Illustrations of the

Harms Done to Individuals by

the House Committee on Un-

American Activities-A mimeo-

graphed illustrative digest of the

harms suffered by persons called

to testify, named in hearings or

involved in other. ways with

HUAC. Published by national

ACLU. Price, 25 cents.

14. The Un-Americans, by

le by ACLU

Frank J. Donner-Published by

Ballantine Books, Inc. Presents

in a popular manner the com-

mittee's abuses over the years.

Price 60 cents. :

15. When Congress Investi-

gates, by Alan Barth-A concise

account of the legislative power

of inquiry, its history, usefulness,

and its limitations. Public Affairs

pamphlet. 28 pages. Price, 25

cents.

16. Operation Abolition: Some

Facts and Some Comments - A

comprehensive, objective, well-

written analysis of distortions in

the film, giving clear evidence of

what actually happened at S. F's

City Hall in May, 1960. Published

by the National Council of

Churches. Price, 50 cents.

1%. Why Should Congress Ab-

olish the House Un-American Ac-

tivities Committee? - Published

by the American Civil Liberties

Union, January, 1961. 4 pages.

Price, 5 cents.

18. Foundations of Freedom in

the American Constitution.-Edi-

ted by Alfred H. Kelley. A guide

to understanding the nature of

our constitutional liberties. Har-

per and Brothers, publishers. Hard

cover. 299 pages. Price, $3.50.

19. The Supreme Court and

Civil Liberties, by Osmond K.

Fraenkel - 2nd edition, 1963,

published for the ACLU by

Oceana Publications. 189 pages.

Price $1.75.

"Christian Athletes'

Sound Truck

Law Violates

_ Free Speech

A Palm Springs sound truck

"ordinance was held unconstitu-

tional by the State Supreme

Court on March 12 as an invasion

of "the right of free speech. The

ordinance prohibited sound

trucks from broadcasting while

they were parked and required

them to move along at 10 miles

an hour or more.

5-2 Decision

The prevailing opinion in the

court's 5-2 decision, written by

Justice Matthew O. Tobriner, de-

clared that "Such an ordinance

which indiscriminately sweeps

within its ambit an inhibition of

the communication of a message

invades the right of free speech.

It prevents any continuous state-

ment, or sustained presentation

of a point of view that cannot be

transmitted during the truck's

fleeting, momentary passage."

Challenged by Labor Union

The law was challenged by the

Culinary Workers and Bartend-

ers Union, Local 535, which was

prohibited from parking a sound

truck. to inform the public of its

grievances in a Strike.

S. F. Situation

San Francisco's present sound

truck ordinance forbids trucks

from broadcasting while parked,

and the City Attorney was about

to propose a 10-mile an hour re-

quirement when the decision

came down. Now, the ordinance

will have to be revised to meet

the standards provided by the

State Supreme Court.

Minister's Talk Causes

Alameda School Inquiry

The ACLU of Northern California has asked Donald -

Roderick, Superintendent of Alameda City schools, to in-

vestigate a complaint that the Rev. Don D. Moomaw in speak-

ing to a student assembly at Alameda High School on March

21 urged the students to become Christian athletes and to

commit themselves to God. Mr.

Moomaw is a former UCLA foot-

ball star residing in Berkeley, a

Minister at Large for the United

Presbyterian Church, and a dis-

ciple of the Rev. Billy Graham.

Minister Denies Charge

Mr. Moomaw denied the charge

and claimed that he takes pains

to wear a secular hat when he

appears before publicschool

audiences. On the other hand, a

group of teachers objected to the

speech and characterized it as a

sermon. It is also reported that

some of the parents of students

phoned protests to the principal.

No transcript of the talk is avail-

able.

It was also claimed that when

Mr. Moomaw spoke before a stu-

dent assembly at Encinal High

School in Alameda some weeks

ago a group of students were pre-

vented from leaving the meeting

in protest at his remarks.

Fellowship of Christian Athletes

Mr. Moomaw claims he was

merely introduced at Alameda

High School as being associated

with the Fellowship of Christian

Athletes which hold annual con-

ferences at Estes Park in Colo-

rado. Principal Lowell Mel of

Alameda High School admitted

that at the request of the local

Kiwanis Club he recommended

two students to attend last year's

conference, which is a religious

one. The ACLU said it would pro-

test such action as an improper

function of the schools. It said

the same end could be reached

without creating any separation

of church and state problems by

getting the recommendations of

local ministers.

The ACLU also said it would

make a formal request to Super-

intendent Donald Roderick that

the practice of recommending

students for attendance at relig-

ious functions be stopped, and

for a survey to discover whether

the Alameda schools are engag-

ing in other religious practices.

Wong Returns

To Hong Kong

Let Pey Wong, who obtained

fame as the man without a coun-

try after he had been forced to:

sail between San Francisco and-

Hong Kong several times without

being able to get off at either

end, left on March 19 for Hong:

Kong with a-certificate allowing

his entry into that community.

The ACLU defended his right to

a hearing before the Immigra--

tion Service could exclude him

from the country and filed a

habeas corpus action to vindicate

this right.

The Immigration Service did

give Wong, who had lived in the

United States for 40 years, a

hearing, but this was continued

indefinitely when Wong decided

to return voluntarily to Hong

Kong. This decision was made for

economic reasons since the hear-

ing and possible appeals would

drag on for several years and

Wong could not support himself

during the delay. Wong's applica-.

tion for old age benefits is pend-

ing before the, Social Security

` Administration-M.W.K.

Collective

Establishment

Opposed

The Board of Directors of the

ACLU' of Northern California

`last month affirmed its Church

State policy statement of May

11, 1961, and added the follow-

ing declaration:

"That we consider the `estab-

lishment clause' as a prohibition

against the establishment of re-

ligion by government-collective-

ly-against all religion; not just

prohibiting the establishment of

a single religion, or prohibiting

the favoring of one religion over

another, or favoring no religion."

LETTERS .... fo the Editor

Mandatory

Blood Tests -

MANDATORY

BLOOD TESTS

`(Editor's Note: The following

protest was sent by attorney Jer-

ome F. Downs of Marin county, .

who practices law in San Fran-

cisco, to his assemblyman, Wil-

liam. T. Bagley, opposing A.B.

466, requiring applicants for

drivers' licenses to consent to

blood tests or have their appli-

cations denied. Mr. Bagley has

informed the ACLU of his in-

tention to secure the advice of

the Legislative Counsel as to the

-constitutionality of his proposal.)

Dear Bill:

I have had-an opportunity to

digest the above bill introduced

by you to amend the Vehicle

Code to provide that an applicant

for a driver's license shall con-

sent to a blood test to determine

a blood alcohol content.

If a right wing fundamental-

ist had proposed this legislation,

I wouldn't have been too sur-

prised. I am somewhat taken

aback that a Boalt Hall lawyer

would do it.

It is all well and good to talk

about the hazard to the public

by drunk drivers. I am even more (c)

concerned about the erosion of

our constitutional rights. That is

a hazard to the public, too. It

would seem to me that the pres-

ervation of the integrity of the

body of the citizen from the

depredations of police officers is

the more vital of the two con-

siderations.

It is also all well and good to

yap about "driving is a privilege

- not a right." The truth is that

in California society, the right to

drive a car is vital to the econ-

omy, and to the ability of the

average man to earn'a living. In

our own county there is almost

no public transportation - you

-have to drive just to take a bus

to, work in San Francisco. If

you worked in San Rafael and

lived in Mill Valley, or vice versa,

a right to drive a car means the

`right to work.

Now, you want to hedge that

right by requiring, `as a condi-

tion to its exercise, that I consent

that some police officer take my

blood "in a medically approved

manner" (whatever that means)

because he suspects me of driv-

ing. while intoxicated. What is to

protect the diabetic who is sud-

denly struck down with his dis-

ease? What is to protect my preg-

nant wife who, on her way to the

doctor's office to see about her

morning nausea, stops by the side

of the road to let nature take

its course? What is to protect me

from the brutal handling of my

body by stupid police officers in

cities or counties where stand-

ards for hiring policemen are less

stringent than in our own? I

can imagine the delight you

would feel if you should happen

to be involved in an accident in

some of our more remote coun- .

ties, and find some eager deputy

sheriff with a grade school edu-

cation wanting to take your

blood.

What is to assure us that the

last man into whom tne needle

was inserted was not a carrier of

`infectious hepatitis? Or of syph-

illis? What assurance is there

that the needle will have been

properly sterilized? Do you re-

eall your experiences in the mili-

tary where blood tests were taken

by well intentioned but blunder-

ing medical corpsmen `in a med-

ically approved manner" as pro-

vided in A.B. 466? ;

Mr. Justice Warren, in Breit-

haupt v. Abram, 352 U.S. 432,

Observed, "We should, in my

_ opinion, hold that due process

means at least that law enforce-

ment officers in their efforts to

obtain evidence from persons sus-

pected of crime must stop short

of bruising the body, breaking

the skin, puncturing tissue or ex-

tracting body fluids..." Power

is subject to abuse, and the pow-

ers granted by A.B. 466 risk

-great abuses for it involves not

merely property, but the sanc-

tity of my. body. I do not care to

commit it to police officers as a

condition to exercising my right

to drive.

If there is any logic to the bill,

then it is equally proper that the

legislature require, as a condi-

tion to getting a building permit,

that one waive his constitutional -

rights to be free of unreasonable

search and seizure of the home he

is to build. Or, as a condition to

getting a driver's license, that he

not only permit a blood sample

to be taken, but also that he

waive his right to counsel in the

event a given degree of intoxica-

tion is found. Or, as a condition

to getting an insurance policy,

that the assured be required to

submit to a lie detector test if

he is suspected of arson of the

insured property. Or, as a condi-

tion to operating a bank, that he

consent to the rack to force a

confession of having embezzled

the funds on deposit. The possi-

bilities are limitless, and as dan-

gerous as those inherent in A.B.

466.

There is another, and very

practical objection to tke bill. By

your companion measure, a find-

ing of blood alcohol of a speci-

fied amount is prima facie evi-

dence of intoxication. This pre-

sumes blood alcohol tests are the

subject of an exact science. I am

sure you are aware this isn't so.

The competency of the medical

technician and the laboratory

technician is not uniform in every

case. To make the blood alcohol

finding prima facie evidence of

guilt is to change the burden of

proof, and make the citizen con-

vict himself, rather than requir-

ing the state to do it.

This bill is unworthy of the

support of any lawyer. It is un-

worthy of you. By withdrawal of

it, you have the rare opportunity

to strike a blow for constitutional

liberties. :

_I would appreciate it if you

would advise me when the same

is to be considered by the Com-

mittee on Criminal Procedure. -

Jerome F. Downs.

`A Letter from Mr. Wong

Editor:

I am sending you herewith one

hundred dollars as a token of my

gratitude and appreciation for

your good work. Last July I was

having trouble with the Immigra-

tion Office here and your attor-

ney was a great help to me.

Your wonderful service meant

a great deal to me and to the

Chinese community. Please ac-

cept the contribution and my sin-

cere thanks to you and your

legal advisers. I admire your

work for the maintenance of hu-

man rights-Wong Let Poy.

Hon. Discharge

in Army Reserve

Security Case

The ACLU was informed last.

month of the successful disposi-

tion of an Army Reserve security

case. The case involved a 31-year-

old veteran who, shortly before

the expiration of his term of

service in the standby Reserve

was served with security charges.

The individual was charged

with membership since 1960 in

the Young Socialist Alliance, act-

ing as an official at a conference

of that group, subscribing to

"The Militant," published by the

Socialist Workers Party, and

maintaining: a close and sympa-

thetic association with an official

of the Socialist Workers Party.

Following a hearing at which

he was represented by the

ACLU, the Army decided to

grant the individual an honorable

discharge from the U.S. Army

Reserve "by reason of expiration

of term of service."

is Deprivation

Of Citizenship

Punishment? -

The recent 5 to 4 decisions of

the U.S. Supreme Court in the

Mendoza-Martinez and Joseph

Henry Cort cases involved the

constitutionality of Federal laws

providing for automatic loss of

citizenship whenever a citizen

departs from or remains outside

the jurisdiction of this country

-for the purpose of evading his

military obligations. The major-

ity held that these laws were un-

constitutional.

`The cases turned on the ques-

tion whether such forfeiture of -

citizenship is a penalty. The ma-

jority concluded that "the legis-

lative history of and judicial ex-

pression with respect to every

congressional enactment relating

to the provisions in question dat-

-ing back to 1865 establish that

forfeiture of citizenship is a pen-

alty for the act of leaving or.

staying outside the country to

avoid the draft. This being so,

the Fifth and Sixth Amendments.

mandate that this punishment

cannot be imposed without a

prior criminal trial and all its

incidents, including indictment,

notice, confrontation, jury trial,

assistance of counsel, and com-

pulsory process for obtaining

witnesses. If the sanction these

sections impose is punishment,

and it plainly is, the procedural

safeguards required as incidents

of a criminal prosecution are

lacking. We need go no further."

The dissenters' position may

be summed up in the statement

of Justice Stewart,-"I cannot

agree with the Court's major

premise-that the divestiture of

citizenship which these statutes

prescribe is punishment in the

constitutional sense of that

term."

Justices Black and Douglas,

while joining in the majority

opinion insisted "that Congress

has no, power to deprive a person

of the citizenship granted the

native born by Sec. 1, cl. 1, of the

Fourteenth Amendment."

Post Office

Seizes Foreign

Propaganda'

The United States government

is once more attempting to pre-

vent its residents from accepting

unsealed mail (printed matter of

various kinds) which it de-

termines "to be Communist polit-

ical propaganda." The Post Office

and the Treasury Department are

acting under authority of Public

Law 87-793, adopted by the previ-

ous Congress,

Addressees Notified

Addressees of printed matter

deemed to be Communist polit-

ical propaganda are notified by

the Postmaster that the material

"cannot be delivered to you un-

less you have subscribed to it, or

otherwise want it." If the addres-

see wishes the mail he must

return a card, within a given

time, appropriately checked. If

the Postmaster does not receive a

response "it will be assumed that

you do not want to receive the

publication(s) listed, or any sim-

ilar publication. This mail will

then be destroyed."

Legal Challenges

For a number of years the

Federal Government carried on

the same program without the

benefit of a law. The ACLU in

Chicago filed test suits whicn

were abandoned when President

Kennedy ended the practice by

Executive Order. New test suits

will no doubt be filed.

Thus far, the local ACLU has

been informed of only two in-

stances where publications have

been withheld. In both cases the

notices came from the Post-

master in New York City. The

ACLUNC will consider filing of

a test suit in northern California

when it receives complaints of

seizures by the San Francisco

Postmaster.

Internal Security."

Street), 8:00 p.m.

new and prospective

May schedules.

Calendar of Local Events

For New Members

1963 MEMBERSHIP CAMPAIGN

March 22-in Sonoma-Ernest Besig, executive direc-

tor, discussed ACLU's program with prospects and

new members at the home of Dr. John Robinson.

March 24-the Sacramento chapter held its annual

breakfast, hearing Trevor Thomas, acting presi-

dent of the Pacifica Foundation and manager of

radio station KPFA, speak on "Free Speech and

April 5-the Marin chapter will introduce the ACLU to

prospects, with Howard Friedman, chairman of

the ACLUNC Board, officiating - at the Sam

Hanzel's, 100 Goodhill Road in Kent Woodlands,

8:30 p.m. Folk singing and refreshments will round

out the civil liberties' evening. Admission: for

prospective members, free; for members, the

company of an interested non-member. :

April 5-the Napa membership committee will hold a

public meeting, with Trevor Thomas speaking on

"The KPFA Investigation and What it Means to

Civil Liberties"-in the Student Union Building

of Napa College (on Park Avenue, off Jefferson

April 15-the San Francisco membership committee

will present readings from "The Crucible," Arthur

Miller's play of witch-hunting in ancient Salem, by

the cast of the Actor's Workshop-at the Unitarian

Church, Franklin and Geary, 8:00 p.m. Ernest Besig

will lead the discussion following the presentation.

Admission: free for prospective members; the com-

pany of a non-member for members.

April 30-the Walnut Creek-Lafayette membership com-

mittee will feature Dr. Leo Koch, professor of

biological sciences dismissed by the University of

Illinois because of his open views on pre-marital

sexual relations, on "Academic Freedom and Civil

Liberties.' The committee is applying for the

gymnasium of Diablo Junior College as the meet-

ing place. Keep your eye on the Lafayette Sun and

the Walnut Times for confirmation or change of

place. The time will be 8:00 p.m. |

May 5-the Berkeley membership committee will greet

with Trevor Thomas talking on "Communication

and the Open Society"'-at the home of Mrs.

Moncharsh, 22 Roble Road.

Committees in Fresno, Modesto and Orinda are in

the process of planning meetings, but their speakers and

dates are still indefinite. Watch your local papers for (c)

developments in April and the next NEWS issue for

members in the afternoon,

L.A. School Oath Upheld

By State Supreme Court

The State Supreme Court on February 28 upheld the con- |

stitutionality of a regulation of the Los Angeles school board -_-

requiring applicants for use of school facilities as meeting

places (under the Civic Center Act) to file the following state-

ment:

"The undersigned states that,

to the best of his knowledge, the

school property for the use of

which application is hereby made

will not be used for the commis-

sion of any act which is pro-

hibited by law, or for the com-

mission of any crime including,

but not limited to, the crime spe-

cified in Sections 11400 to 11401

of the California Penal Code [the

Criminal Syndicalism Act]. I cer-

tify (or declare) under penalty

of perjury that the foregoing is

true and correct." -

`Beliefs Excluded

The court found no objection

to this statement because it "does

not require an applicant to di-

vulge its political, sociological or

economic beliefs. Neither does it

require an applicant to set forth

its general purposes, its associa-

tions, or anything about itself

save and except the use to which

it intends to put the school prop-

erty - and even in that regard

it makes no distinction between

prospective uses so long as they

are within the law."

Presumption of Innocence

The court said that the state-

ment did not "subvert the pre-.

sumption of innocence If such

statement be deemed to require

the applicant to prove its fitness

to use the property, we see noth-

ing unconstitutional therein. Such

is not a burden of proving in-

nocence; it is a mere limitation

on use. It is no more unwarrant-

ed than the burden created by

_the simple requirement that an

applicant state the specific pur-

pose for which it intends to use

the property." .

School Board Duty

The court also pointed out that

a school district has a statutory

duty to prevent illegal use of its

property. "If the applicant know-

ingly intends to use the premises

for illegal purposes, the board

is entitled to know this in ad-

vance, and to prevent, by deny-

ing a permit, the abuse of the

privilege."

Unnecessary Requirement

Finally, the court declared that

"The requirement that an appli-

eant deny an intent to commit

radical syndicalism appears to

have been entirely unnecessary,

but it makes the respondent's

ordinance neither more nor less

broad or arbitrary."

San Diego Requirement Invalid

At the same time, the court

held that a loyalty statement re- ~

quired by the San Diego school

board in applying for use of a

school as a meeting place was

repugnant to the free speech

guarantees of the Federal Con-

stitution.

Both cases were filed by the

ACLU and handled by counsel

for the ACLU of Southern Cali

fornia. =

ACLU NEWS

APRIL, 1963

Page 3

_C.0. Draft Deferments

The American Civil Liberties Union called last month

for elimination in the draft law of the section requiring

belief in a Supreme Being as a condition for deferment as a

conscientious objector.

In testimony before the Senate Armed Services Com-

mittee, the civil liberties group

said that the United States Su-

preme Court's 1961 decision in

the Torcaso case made the Su-

preme Being clause in the Uni-

versal Military Training Act

unconstitutional and it should be

deleted.

Belief in God

The high court in the Torcaso

ease unanimously held that a

Maryland constitutional provi-

sion requiring a belief in God as

a qualification for holding any

public office violated the free-

dom of belief and religion of an

applicant for a notary public's

position, The high court said:

"We repeat and again reaffirm

that neither a State nor the Fed-

`eral Government can constitu-_

tionally force a person `to profess ~

a belief or disbelief in any re-

ligion" Neither can constitu-

tionally pass laws or impose re-

quirements which aid all relig-

ions as against non-believers, and

neither can aid those religions

based on a belief in the existence

of God as against those religions

founded on different beliefs."

Draft Law Provision

Under the terms of the draft

law those persons who by reason

ot religious training or belief are

opposed to war are given a

conscientious objector status. The

law defines religious training and

belief as meaning "an individ-

ual's belief in a relation to a Su-

preme Being involves duties su-

perior to those arising from any

human relation, but does not in-

clude essentially political, socio-

logical, or philosophical views or

a merely personal moral code."

The ACLU testimony, presented

by its Washingten director, Lawr-

ence Speiser, stressed that many

CO's have a deep-felt conviction

against personal participation in

war which is just as strong as

those whose beliefs spring from

a more formal religious convic-

tion.

State Prescribed Dogma

"The present law recognizes

the fact that men will in good

faith refuse to bear arms or to

participate in any war. It fails to

recognize, however, that a man's

conscience, whether or not rooted

in a belief in a Supreme Being,

reserves the recognition and re-

spect of the community regard-

less of disagreement with the

source of his conviction. To rec-

ognize the principle, but to re-

strict its application, in effect

sanctions state-prescribed dogma.

Certainly the Armed Forces can-

not, and possibly dare not, probe

into the motivations of all those

who accept the mandate to be

inducted or `volunteer' in lieu

therof. At least, in matters of

conscience, no more than in mat-

ters of speech, the attempted

imposition of doctrine by the

state is anathema to free men.

Moreover, our democratic society

ean rightfully pride itself on the

First Amendment guarantee of

freedom of conscience, only if

it asserts the special responsi-

bility to recognize the dictates of

the individual conscience.

Equal Treatment

"We do not suggest that per-

sons without formal religious

- training or belief who have con-

scientious objection to war should

ACLU NEWS

APRIL, 1963

Page 4

be given special benefits, but

only that their conviction be re-

garded as deserving of equal

treatment. We realize that one

argument advanced against ex-

empting non-religious pacifists is

that persons seeking to evade

military service will seize on the

conscientious objection ex em p-

tion as a dodge. We cdo not be-

lieve this is a realistic concern

because criteria for proving

legitimate conscientious 0 bjec-

tion can be drawn up, including,

as only one factor, consideration

of membership or activity in

non-religious pacifist and other

organizations which have ob-

jected to war. The final deter-

mination unfortunately-but

necessarily because it involves

`conscience'-must rest on an

eben of the individual be-

lief."

ACLU Opposes

"Southern

Justice"

The American Civil Liberties

Union last month asked the Su-

preme Court to reverse the rape

conviction of William Smith, Jr.,

a poor, illiterate 26-year-old Mis-

sissippi Negro because "he was

deprived of due process of law

every step of the way.

"From the time of his arrest

until the day of his conviction,

petitioner was treated unfairly

by every agency of the state

with which he had contact," de-

clared a_ brief supporting the

appeal.

N 0 Probable Cause

Smith was "arrested without

probable cause," the brief noted,

"held in detention unconstitu-

tionally, subjected to coercive

forces until he confessed, denied

counsel at a crucial pre-trial

juncture, denied the right to

counsel for 53 days, and finally

was represented at trial by his

court-appointed attorney."

Signed Confession

Described as an inarticulate,

superstitious youth who had at-

tended school only two years,

Smith was arrested in July, 1961,

along with several. male neigh.

bors after a 14-year-old white

girl reported that she had been

raped and after a bloodhound

taken to the scene by officers

had led them to an area inhab-

ited by Negroes. He was ques-

tioned continuously for 12 hours

by five officers, two of whom

were armed, and was subjected

to a lie detector test which they

told him showed he lied when

he denied committing the crime.

He signed a confession which

was introduced at his trial.

Denied Counsel

Denied counsel for 53 days,

Smith waived preliminary exam-

ination and was held in jail. In

September, 1961, an attorney ap-

pointed to represent him de-

clared himself ready for trial

four days after being assigned

the case. An all-white jury heard

evidence and returned a guilty

verdict in one day. Smith was

sentenced to die in Mississippi's

gas chamber. Subsequently the

state's Supreme Court affirmed

the conviction. The case was then

taken to the U. S. Supreme

Court, e

a

No Immunity

For Telephone

Company

The ACLU is supporting the

suit of Edgar J. Sokol for $40,000

damages which occurred after

the Pacific Telephone Company

removed the telephones from his

place of business without notice

or hearing in October of 1961.

The Company acted after receipt

of a letter from the Chief of Po-

lic stating there was reason to

believe Sokol was using the

phones to aid an illegal purpose.

The phones were restored 14

days later by order of the Public

Utilities Commission which

found that they were not being

used for an illegal purpose.

On March 18, 1963, Superior

Court Judge Joseph Karesh ruled

that the Telephone Company was

not immune from liability for its

acts and that the Superior Court

had jurisdiction to hear the ease.

Contrary contentions were made

by the Telephone Company and

its attorneys, Pillsbury, Madison

and Sutro, in a motion for sum-

mary judgment. In denying the

motion Judge Karesh indicated

that he could not countenance a

situation whereby exclusive juris-

diction to hear the matter was in

the Public Utilities Commission

and yet that Commission had no

power to award damages. ACLU

staff counsel Marshall W. Krause

had argued that this result would

deprive Sokol of his liberty and

property without remedy and

without due process of law. The

same answer was given to the

Telephone Company claim the

Public Utilities Commission had

made them immune from civil

liability if they removed a tele-

phone after receiving a letter

from a law enforcement officer.

Police Chief Cahill and Ser-

geant Mullan, who sent the er-

roneous information to the Tele-

phone Company, are also defend-

ants in the suit. A jury trial on

the merits will be requested.

--M.W.K.

Court Protects

Indigents In

Criminal Cases

Last month, the U. S. Supreme

Court in three cases came to the

aid of the indigent who becomes

enmeshed with the criminal law.

First, it held unanimously that

an indigent accused of a felony

must be furnished counsel.

Justice Black's opinion said

that "reason and_ reflection

require us to recognize that in

our adversary system of criminal

justice, any person hailed into

court, who is too poor to hire a

lawyer, cannot be assured of a

fair trial unless counsel is pro-

vided for him. This seems to us

to be an obvious truth." :

The court, therefore, reversed

the conviction of Clarence Earl

Gideon who was required to rep-

resent himself on a charge of

breaking into a pool hall in

Florida with intent to steal.

Counsel On Appeal

In a second case, the court

ruled in a California case by a

6 to 3 vote, that an indigent has

the right to assistance of coun-

sel on an appeal. The court said

that in withholding counsel on

an appeal ".. . the discrimination

is not between `possibly good and

obviously bad cases,' but between

cases where the rich man can re-

quire the court to listen to argu-

-ment of counsel before deciding

on the merits, but a poor man

cannot. There is lacking that

equality demanded by the Four-

teenth Amendment where the

rich man, who appeals as a right,

enjoys the benefit of counsel's

examination into the record, re-

search of the law, and marshall-

ing of arguments on his behalf,

while the indigent, already

burdened by a preliminary de-

_ termination that his case is with-

out merit, is forced to shift for

himself. The indigent, where the

record is unclear or the errors

Negro Registrations

Protection

Sou

Vote eae

The federal government was urged last month to deffid

more vigorously the rights of persons who are trying to get

Mississippi Negroes registered as qualified voters.

"Stern measures" should be taken by the Department of

Justice, Attorney General Robert F. Kennedy was: told by

the American Civil Liberties Un-

ion.

Such action is warranted be-

eause "the situation in Missis-

sippi has so deteriorated and pre-

sents so little promise of improv-

ing in the foreseeable future,"

the ACLU told Kennedy.

Fed. Gov't Not Inactive

"We realize, of course, that

the Administration is not inac-

tive in Mississippi and note that

the Justice Department only a

few weeks ago filed its eleventh

law suit in the state under the

voter-registration provisions of

the Civil Rights Act," John de J.

Pemberton, Jr., national ACLU

executive director, wrote the At-

torney General. "But the respons-

ibility of the government doesn't

end there. It extends as well to

affirmative assistance and pro-

tection of private citizens who

are exercising their First

Amendment rights for the pur-

pose of securing their Fifteenth

Amendment rights. That the

State of Mississippi denies a vast

number of its citizens their right

to vote is a scandal; that it phys-

ically interferes with persons ac-

tively engaged in seeking the

franchise and other civil rights

is equally outrageous."

= Suit Filed

Pemberton's letter was prompt-

ed by filing of a suit in Federal

District Court in Washington on

January 2 against Kennedy and

FBI Director J. Edgar Hoover.

In the action, known as Moses,

et al., eight Mississippians asked

that the government be com-

pelled to arrest and prosecute

Mississippi law enforcement of-

ficers and private citizens who

have interfered with Negro vot-

are hidden, has only the right to

a meaningless ritual, while the

rich man has a meaningful ap-

peal."

Free Record On Appeal

In still a third decision

(Draper vs. Washington), the

court decided in a 5 to 4 decision

that "In all cases, the duty of the

State is to provide the indigent

as adequate an appellate review

as that given appellants with

funds-the State must provide

the indigent defendant with

means of presenting his conten-

tions to the appellate court

which are as good as those avail-

able to a nonindigent defendant

with similar contentions."

er registration campaigns by in-

timidating, attacking, and arrest-

ing the plaintiffs. These inci-

dents, the complaint charged,

violated Section 242 of Title 18

of the U. S. Code which pro-

hibits the denial of a citizen's

civil right by any person acting

"under color of law'-in their

official capacity.

No Protection

The complaint also asserted

that despite repeated requests

for protection in advance of

planned civil rights' demonstra-

tions, the protection was never

provided by the FBI or U. S.

marshals. -

The ACLU letter to Kennedy

was based on a decision of the

Union's Board of Directors that

although the relief sought in the

suit was not within the power of

the courts to grant, the Depart-

ment of Justice should be urged

to relieve the problems raised

in the suit.

Ruthless Oppression |

"It is common knowledge to

all of us engaged in civil liber-

ties and civil rights work, and

to the nation at large," Pember-

ton's letter noted, "that the de-

nial of constitutional rights to

Negroes in Mississippi, as well

as other parts of the deep south,

is compounded by ruthless op-

pression of any activity-activ-

ity guaranteed by the First and .

Fourteenth Amendments-to re-

lieve that oppression."

Few Prosecutions

While acknowledging "legal

and practical problems" because

of a prior Supreme Court deci-

sion and the "atmosphere" and

structure of the judicial system

in Mississippi, the ACLU execu-

tive said:

"None of these impediments

should deter the government

from discharging its primary

duty under the Civil Rights Acts.

. It is our understanding that

few if any (such) prosecutions

have been instituted in Missis-

sippi within the past few years.

With the dramatic increase in

civil rights activity in the South,

the need for protection and as-

sistance, as demonstrated by the

Moses suit, is made all the more

imperative. We urge as force-

fully as possible that the Depart-

ment of Justice give serious at-

_ tention to the questions raised in

the Moses suit."

The first right of a citizen

Is the right

To be responsible.

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