vol. 28, no. 5

American

Civil Liberties

Union

Volume XXVIII

SAN FRANCISCO, MAY, 1963

Number 5

Altering our Form of Govt.

Proposed

Jpposes 3

Changes:

In Constitution

There is a move afoot to amend the Federal Constitution

ina way that will substantially alter our form of government.

The action is relatively unpublicized even though as many

_as ten States have approved one or more of the three drastic

changes. On April 1, the national board of directors of the

ACLU expressed its unanimous

and vigorous opposition to all

three proposals.

First Proposal

Under the first proposal, the

states would be given a free

hand in apportioning their legis-

lative districts, thereby wiping

out the Supreme Court's decision |

in the Tennessee apportionment

case.

The second proptsal would al-

low the States to amend the Fed-

eral Constitution without any

action by Congress or by calling

a convention. Under this pro-

posal, two-thirds of the State

legislatures could propose any

amendment and then three-

fourths adopt it. The first two

proposals are now pending be-

fore the California Legislature.

"Court of the Union"

The third proposed amend-

ment, which has not been intro-)

duced in the California Legisla-

ture, would establish a "Court of

the Union" to be composed. of

the chief justices of the highest

courts of the several states,

whose function would be to re-

view any decision of the United

States Supreme Court relating

to the rights reserved by the

Constitution te the states or to

the people.

Amendment Process

The amendment process is the

unusual one, never successfully

invoked, of two-thirds of the 50

state legislatures petitioning

Congress to call a constitutional

convention. Affirmative action is

needed by thirty-four state legis-

latures.

The group sponsoring the

amendments is a committee of

the National Legislative Confer-

ence, a subsidary of the Council

of State Governments. The com-

mittee chairman is the Speaker

of the Pennslyvania House, W.

Stuart Helm, a Republican.

Committee Members

Other members of the commit-

tee are the Lieutenant Governor

of Kansas, Harold Chase, Repub-

lican, and the following mem-

bers of the lower houses of

states legislatures: Warren

Wood, Illinois Republican; J. D.

McCarty, Oklahoma Democrat

and Speaker of his House; Rob-

ert Haase, Wisconsin Republican

and Speaker; Frederick H. Hau-

ser, New Jersey Democrat, and

William V. Chappell Jr., Florida

Democrat.

The drive for these amend-

ments is being coordinated by

the committee's only paid em-

ployee, George Prentice, a 37-

year-old former television news-

man, who now works for the

Florida Legislature in Tallahas-

see.

Prof. Black's Comments

_Prof. Charles L. Black, Jr., of

the Yale Law School, has written

an article for the Yale Law Jour-

nal in which he has character-

ized the three proposals as "`radi-

cal in the extreme."

"They aim not at the preser-

vation but at the subversion of

that balance in Federal-state re-

lations which has, in the words

of the [Council of State Govern-

ments} report, enabled us to es-

cape `the evils of despotism and

totalitarianism.'

Confederation

"They constitute, collectively

one more attempt, so late in the

day, at converting the United

States into a confederation. ...

The wisdom of peace and the

sacrifices of war alike warn

against starting Gs that ruin-

ous road."

Commenting on thes apportion-

ment proposal, Prof. Black said

it "would constitute the first

diminution, since our history be-

gan, of any Federaf constitu-

tional guarantee of liberty, jus-

tice or equality." He continued:

"To begin cutting down our

constitutional guarantees, to be-

gin introducing exception here

`and there into the concept of

equality under law, are solemn

steps indeed."

At this time, ten Sites have

-approved the first two -proeposals,

while three states have endorsed

the "Court of the Union." Con-

cerning the latter proposal, Gov.

John W. Reynolds of Wisconsin

has termed it "a last-ditch at-

tempt on the part of frustrated

Southern segregationsists to

avoid the consequences of the

Supreme Court decisions forcing

them to guarantee equal rights

to all citizens."

Motion to Quash

Hartman Charge |

Pending

After twice being argued at

length before Federal District

Court Judge Stanley Weigel, mo-

tions to dismiss the indictment

against Lewis Hartman and, in

the alternative, to furnish a bill

of particulars concerning the in-

-dictment were taken under sub-

mission on April 11.

First Amendment Case

Hartman stood on the First

Amendment in declining to an-

swer questions about his political

affiliations before the House

Committee on Un-American Ac-

tivities in 1957. A previous in-

dictment for contempt of Con-

gress was thrown out by the

U.S. Supreme Court in 1962 for

failure to inform the defendant

of the subject of the Committee

hearing.

Statute of Limitations

The government claims the

right to return a new indictment

against Hartman even though

the 5 year statute of limitations

has run. The government relies

upon a special extension statute

which Hartman's ACLU attor-

neys contend is inapplicable.

Staff counsel Marshall Krause

and volunteer attorneys Hartley

Fleischmann, Laurent Frantz,

and Albert Bendich have submit-

ted three seperate sets of memo-

randa for the judge's considera-.

tion but it is doubtful that the

motions will be decided before

mid-May since the judge is now

on vacation.-M.W.K. -

Milton Mayer

Sues U.S. for

A Passport

Irrepressible Milton Mayer, 53,

Carmel journalist, lecturer, and

religious pacifist filed suit in the

Federal District Court in Wash-

ington, D. C. on April 19 to com-

pel the State Department to issue

him a passport without requiring

a non-Communist oath,

In Effect Since '61 |

This oath has been in effect

since the Supreme Court on June

5, 1961 upheld the Constitution-

ality of the Internal Security Act

under which the Communist

Party was required to register as

a Communist action group. Under

the Act, no member of a group

required to register may apply

for, renew or use a passport, nor

may the State Department know-

ingly issue or renew 2 passport

to such a person.

The Oath

In carrying out its obligation

under the law the State Depart-

ment incorporated in its passport

application form, after May 1962,

a declaration that "I am not and

have not been at any time during

the period of 12 full calendar

months preceding the date of this

application a member of any or-

ganization registered or required

to register under Section 7 of thse

Subversive Activities Control Act

of 1956, as amended." The only

organization presently - required

to register is the Communist

Party.

First Legal Challenge

Mayer's suit is the first legal

challenge of what is in effect a

non-Communist oath. He con-

tends that his right to freedom

of assembly, press and religion

are being violated by the Depart-

ment's requirement. "The refusal

to issue me a new passport would

constitute an extremely heavy

punishment," said Mayer in ex-

plaining his position, "inasmuch

as I am contractually obligated to

three publishers and two church

organizations to carry out assign-

ments in Europe after March 3,

1963."

Test Oath

Mayer complained that the re-

quirement was tantamount to a

test oath and "requires a man to

deny a crime with which he has

not been charged. It is the his-

toric instrument of tyrannies for

the reduction of free men _ to

servility. It is unworthy of my

country and my government, and

I hope that my protest will weigh

against it; but I must make my

protest in any case, ana in any

event."

_ Mayer also asserted that the

State Department did `not know

or have reason to believe I am a

member of" an organization that

is required to register. He de-

clared for the record his aware-

hess that the law prohibits a

Communist from traveling.

Counsel

Mayer is represented by David

Carliner of Wasserman and .Car-

liner, specialists in immigration

and naturalization matters, and

Oliver E. Stone, both of Washing-

ton, D. C., and Francis Heisler of

Chicago and Carmel. Mr. Carliner

is chairman of the ACLU branch

in Washington, D. C.

In This Issue

Brief Supports Election-

eering on Election Day _p. 4

Classification of Films

Scored as Censorship _.... p.4

Mrs. Helen Salz Gives Pic-

tures for ACLU Benefit_p.3

What's Going on Locally-

Calendar of Events _...... pe

Your Board Nominations,

Please! 25222 p.3

Army Intelligence Corps

Representatives of the Army Intelligence Corps admitted

during the course of a recent industrial security hearing in

San Francisco that they attempt to "dissuade" persons from

being represented by counsel when they are "interviewed."

Robert E. Cobb, a Government witness, testified as fol-

lows:

Q. Is it correct to say that the

Intelligence Corps attempts to

dissuade an interviewee from be-

ing represented by counsel at an

interview?

A. If the question is raised, yes.

Q. Mr. Park testified yesterday,

as I understood his testimony,

that the Intelligence Corps seeks .

to effect a statement, and this is

the way he put it, "without

counsel representing the inter-

viewee." Is that correct? ...

A, That the Intelligence Corps

attempts to effect statements

without presence of counsel? I

believe this would be reasonably

accurate, yes.

Further Testimony

At another point, the witness

testified as follows:

Q. You never had a case with

counsel present?

A. I have had occasions where

counsel was requested, and we

explained at the time that coun-

sel-that counsel was not neces-

sary at that specific time, then

no further request was made.

Q. You have never had a case

where counsel was present, is

that not true?

A. That is correct.

Q. So you cannot point to any

situation where the right to coun-

sel has been respected?

A. Well, let me put it to you

this way: The operational memo-

randum doesn't state that we

will continue with the interview

_ if counsel is requested. As I re-

call, it is left up to the option of

the interviewee. This might, of

course, depend on a lot as to who

the counsel was, and whether he

had been, shall we say, met with

in the past and what success was

found in dealing with this coun-

sel,

` Q. You do not know of one case

where there has been counsel?

A. Of my own personal knowl-

edge, I cannot recall any.

Particular Case

The foregoing testimony was

given in the case of a man whose

job requires a security clearance

New Chapter

At Sacramento

State College

The Sacramento State College

Chapter was granted a charter

last month by the Board of

Directors of the ACLUNC. It is

the second student chapter to be

established in the area, the other

being in Berkeley.

At its inception, the group had

30 members. Its officers are:

Phillip E. Watkins, Chairman;

Phil Taylor, Vice-Chairman; Don

G. Bennett, Secretary-Treasurer;

and Jean Mihalakos, Correspond-

ing Secretary.

The group intends to secure

recognition by the Associated

Students of Sacramentc College,

and at this writing have already

obtained conditional approval

from the Dean of Student Activi-

ties.

Four faculty members who are

associated with the Sacramento

Valley Chapter of the ACLUNC

have agreed to serve as faculty

advisors. They are: Dr. Herbert

Aron, Dr. Edward D. Beechert,

Dr. John C. Livingston and Dr.

James Lucas.

even though he himself has no

access to classified military in-

formation. His clearance had

been suspended because of his

close and sympathetic associa-

tion with his wife, who had been

a member of the Communist

Party ten years ago. The woman

expressed a willingness to be in-

terviewed by representatives of

the Intelligence Corps but she

wanted her counsel to be present.

According to her testimony, she

was told they weren't interested

in taking a statement under such

conditions. The woman then said

that she would at least want her

husband present. She was told

that this might be possible "but

that he would prefer to have no

one present. I just said that I

would go along as I was trying

to please my husband and I

would go along with whatever

had to be done."

"Substance" Transcribed

The Intelligence Corps then

proceeded to take a 54-page,

single spaced statement from the

woman. Her statement was tape

recorded but admittedly only the

substance was transcribed. Sub-

sequently, there was a signing

procedure under less than ideal

conditions, at which time the

woman was supposed to read the

statement, initial typographical

errors which had been noted on

the side of each page, make any

corrections, place her initials at

the end of each page twice, enter

the number 54 so as to indicate

that the particular page was say

31 of 54 pages, and then sign the

statement in an appropriate place.

On a number. of pages the wo-

man's initials appear six times,

while on one page her initials ap-

pear eight times.

`Intentional Errors"

The "personnel security typist"

testified that "intentional errors"

are sometimes "made in the

transcript in order to be _ ini-

tialed" by the interviewee. There

is a disagreement as to how long

the woman had to examine the

particular statement but she testi-

fied it was from 45 minutes to

an hour. Of course. regulations

forbid the statement to be taken

home where the interviewee

could have examined it carefully

and at her leisure. Moreover, any

comparison of the signed tran-

script with the tape recording

was prevented because the tapes

had been erased.

Busy Initialing

The woman testified that she

scanned the statement pretty

quickly "because I was busy writ-

ing my initials." No copy of the (c)

statement was given to the inter-

viewee to keep but after the

security proceeding started, coun-

sel for the husband was provided

with a copy of the statement. On

the basis of more careful read-

ing since that time, the wife

noted omissions and other errors.

Irrelevant Material

The statement given by the

wife and two statements given by

the husband really constituted

the Government's case. The

`statements contained much ire

relevant material on such sub-

jects as Federal aid to education,

CORE and the Freedom Riders in

-Continued on Page 4

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, Califernia, 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

Rev. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Ralph B. Atkinson Jchn R. May

Dr. Alfred Azevedo Lloyd L. Morain

Prof. Arthur K. Bierman Prof. Herbert L. Packer

Willi . Roth

Rey. Richard Byfield Ulises no

Clarence E. Rust

Prof. James R. Caldwell John Brisbin Rutherford

William K. Coblentz

Mrs. Alec Skolnick

_ Richard DeLancie - Mrs. Martin Steiner

~ Rabbi Alvin I. Fine

Gregory S. Stout

Mrs. Zora Cheever Gross Stephen Thiermann

John J. Eagan _ Richard J. Werthimer

Prof. Van D. Kennedy

Donald Vial

Rey. F. Danford Lion GENERAL COUNSEL

Prof. Seaton W. Manning

Wayne M. Collins

Committee of Sponsors

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

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

Upsetting the Constitution

_It is startling to discover that as many as 10 states have

approved, through their legislatures, proposed constitutional

amendments that would make fundamental changes in the

American system of government. It is the more incredible-

and distressing-that this has happened with virtually no

debate in those legislatures, and with no real public attention

or intellectual scrutiny in any part of the country.

One amendment would overrule the Supreme Court's

great decision in the Tennessee apportionment case, provid-

ing that nothing in the Constitution shall limit the power of

any state legislature to apportion its districts as it wishes. If

this amendment should be adopted, the rural forces that have

so long controlled state governments could permanently pre-

vent legislatures from reflecting population changes.

Ten states-a slightly different list-have approved a

proposal to let the state legislatures amend the Constitution

without going through Congress or a national constitutional

convention, as now required. This would let the same rural

forces rewrite our fundamental law without any considera-

tion in a national forum.

These proposals would reverse much of our national his-

tery in developing balanced Federal-state relationships,

keyed to the concepts of the Founding Fathers and the vast

changes in national patterns engendered by technological

change and the movement of population from farm to city.

The amendments would effect a states' right counterrevolu-

tion of dismaying dimensions. Our Congressional committees

concerned with safeguarding against subversion of the

American governmental system might profitably explore the

threat these proposals present and the way they are being

promoted.

The technique-remarkably successful so far-has been

to slip them without discussion through legislatures, angry

at the Supreme Court for one reason or another.

Perhaps bringing the amendment campaign to light will

alert the forces of reason to oppose these genuinely sub-

versive propositions. This should not be a political matter.

To tinker so casually with the Constitution and the power

of its interpreter, the Supreme Court, would be foolish and

dangerous. There should be no reluctance on the part of

either Democrats or Republicans to speak out in protest,

whether they are in Washington or in state capitals -Edi-

torial, New York Times, April 15, 1963.

Man Without A Country

Under date of March 28, the on the S.S. President Cleveland.

ACLU received the following let- I was denied entrance to Hong

ter from Eng Let Poy, written Kong and wound up back at the

in Chinese, together with a Port of San Francisco where I

money order for $100. was forbidden to go ashore. _

Editor: I have worked on Fortunately, in this hour of

American ships touching at ports need, your organization acting in

en the five continents and sailing the name of humanity and jus-

the three oceans for many years. tice, extended a helping hand and

Life had been peaceful and un- rescued me from this unpleasant

eventful until unexpectedly, last predicament. This devotion to

July, the Bureau of Immigration, service to your fellow man is

without benefit of a trial, illeg-

ally detained and deported me to

Hong Kong by shipping me out

ACLU NEWS

MAY, 1963

Paae 2

universally admired by people in

Chinatown.

It is impossible for me ade-

quately to express my gratitude.

I am donating herewith the sum

of $100. Actually, I should be

PROGRAM PARTICIPANTS at the Fourth Annual Breakfast of the Sacramento Valley Chapter of ACLUNC. From left,

Trevor Thomas, acting Pres. of Pacifica Foundation; Dr. Edward Beechert, chapter chairman; Nathaniel S. Colley, attor-

ney and member of the State Bd. of Education; and, Leroy Greene, Sacramento Assemblyman.

Record Crowd at

Sac. 4th Annual

Breakfast

More than 450 people, a record

number, bought tickets to hear

Trevor Thomas, acting president

of the Pacifica Foundation and

manager of Berkeley FM radio

station KPFA, speak on "Mass

Media and the First Amendment"

at the fourth annual breakfast of

the Sacramento Valley ACLU

chapter on March 24 at the Sac-

ramento Inn.

The speech was highlighted by

Thomas's description of his ap-

pearance before the United States

Internal Security Subcommittee

which recently held hearings on

KPFA and other stations. Thomas

was introduced at the breakfast

by John C. Livingston, professor

of political science at Sacramento

State College.

Pitch By Nat. Colley

Nathaniel S. Colley, prominent

Sacramento attorney and mem-

ber of the State Board of Educa-

tion, urged nonmembers in the

audience to sign ACLU ecards -

immediately "so you can tell your

grandchildren that you helped -

preserve the Bill of Rights dur-

ing the

1960's."

Sacramento Institution

After briefly outlining the ac-

tivities of the chapter, Dr. Ed-

ward Beechert, chapter presi-

dent, praised Mrs. David Joseph,

chairman of the breakfast com-

mittee, for the smooth manner in

which the breakfast was ar-

ranged. "These breakfasts," says

Mrs. Joseph, "have become a

Sacramento institution; it be-

comes easier each year te sell

tickets. The breakfasts are our

best recruting device for new

members. They also let the gen-

eral community know the ACLU

is on the scene in Sacramento."

Unwasted Effort

In answer to the third mailing

of the current ACLU membership

drive, one of the prospects wrote:

"T am interested in your work

but at present I am not able to

offer financial support. Your let-

ters and newspapers have helped

me to become more aware that

such organizations are actively

at work. Please do not feel that it

has been a wasted effort. I will

keep this in mind and hope to be

of some help later."

donating more, but unfortunately

though I have the desire, I lack

the means. The paltry sum I am

enclosing can hardly express my

thanks, but I hope that you will

accept it to aid in defraying the

costs of the ACLU.-Eng Let Poy

crisis period of the:

Fresno Bee).

24-Friday-the

in the local Bee. -

What's Going On Locally

Calendar of Events

1963 MEMBERSHIP DRIVE

April 29--Monday-the Walnut Creek-Lafayette mem-

bership committee presented Dr. Leo Koch, of

University of Illinois fame, fired from his pro-

fessorship in the biological sciences for speaking

his mind on pre-marital sex relations, on "Aca-

demic Freedom and Civil Liberties''"-in the gym-

nasium of the Diablo Junior College.

May 5-Sunday-the Berkeley committee gives a garden

party for new, prospective and old-time members,

with Trevor Thomas, manager of KPFA radio and

acting president of the Pacifica Foundation, talk-

ing on "Communication in the Open Society''-at

the home of.the George Moncharsh's, 22 Roble

Read (right off Tunnel Road), from 3:00 to 5:00

p.m. In case of rain, the party will move indoors.

May 23-Thursday-the Fresno committee holds a pub-

lic meeting on the subject of `Police Review

Boards''-at the Hotel Californian, 8:00 p.m.-

speaker to be announced (keep your eye on the

Medesto committee presents

Howard Jewel, Assistant Attorney General for Con-

stitutional Rights in the State Department of Justice

-8:00 p.m. The subject of discussion and meet-

ing place of this public meeting will be announced

May 24-Friday-the Orinda committee greets new

members and prospects in a house meeting, with

Mark Linenthal, assistant director of the Poetry

Center at San Francisco State College, speaking on

"'`Censorship'"-8:00 p.m. For the address, watch

the Orinda Sun or call Mrs. Marilyn Pennebaker,

membership chairman, CL 4-8681.

July 13--Saturday-the Marin chapter holds its annual

potluck picnic, featuring Thomas Braden, chair-

man of the State Board of Education, Oceanside

publisher and former professor at Dartmouth Col-

lege. Mark the date on your calendar and watch

- the next NEWS issue for full details.

Last month federal district

Judge William T. Sweigert was

asked to declare unconstitutional

the "rotten apple" portion of sec-

tion 1305 of the Customs Code

(19 U.S.C.). In a hearing on ex-

ceptions to a libel against 12,000

nudist magazines, the ACLU ar-

gued that the government's

theory that one allegedly ob-

scene magazine in a package

makes the whele package subject

to forfeiture and destruction is

a prior restraint on freedom of

the press. The government has

successfully used this theory in

forfeiting cases of food or drugs

which contain one dangerous or

misbranded item, but the Su-

preme Court has never approved.

of its use in the First Amend-

ment field.

The ACLU argued that the

"rotten apple" theory applied to

clearly non-obscene material

could have dire consequences on

freedom of speech and press. As

an example, a person bringing

"Rotten Apple" Theory Attacked

his personal library into the

United States would have the

whole of it forfeited and de-

stroyed if it were packaged with

a copy of Genet's Thief's Jour-

nal, or The Kama Sutra of Vat-

syayana, both of which the cus-

toms authorities deem obscene.

Recognizing that nudity itself is

not obscene, the government ad- -

mits that 10,000 of the 12,000

magazines are not obscene, but

contends that the "rotten apple"

theory is reasonable because of

its deterrent effect on persons

who might attempt to import an

obscene book. One might com-

ment on this theory that it would

certainly make librarians more

cautious to threaten to burn

down the public library if it

were found to contain an ob-

scene book. This theory seems to

be somewhat beyond government

power under the First Amend-

ment. The case was submitted (c)

for Judge Sweigert's decision on

April 19th-M.W.K.

Your

Service Committee.

Francisco criminal lawyer.

the board.

after" the end of the month.

nominee." .

bers of the ACLU.

(15), nor more than thirty (30) members." At t

Board Nominations, Please!

The terms of the following two members of the Board of Directors of the ACLU of

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

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

year: Lloyd Morain, business man of San Francisco; and Mrs. Alec Skolnick of San

Mateo, housewife, who is active in civic affairs.

The following five persons filled unexpired terms, ending October 31, and are,

therefore, eligible for election to full three-year terms: Ralph Atkinson, chemist, of the

Monterey Peninsula Chapter; the Rey. Richard Byfield of Palo Alto; Richard DeLancie of

San Mateo, President of the Broadview Research and Development Corp.; John Brisbin

Rutherford, of Los Altes, structural engineer, who is associated with the Mid-Peninsula

Chapter; and Stephen Thiermann of Palo Alto, regional director of the American Friends

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

the By-Laws, having served one three-year term, they are eligible for reelection: Prof.

Arthur K. Bierman of San Francisco State College; John J. Eagan, lawyer and vice presi-

_dent of California Pacific Title Insurance Co. in San Francisco; and Gregory S. Stout, San

The By-Laws provide for a Board of Directors composed of `not less than fifteen

he present time, there are no vacancies on

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

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

Union's office" by the end of the month in order to receive consideration. "The nominat-

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

The By-Laws also provide that "In addition to the foregoing method of proposing |

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

Board of Directors in the following manner: Not later than August 1 of each year, nom-

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

each nomination be supported by the signatures of 15 or more members in good stand-

ing and be accompanied by a summary of qualifications and the written consent of the

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

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

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

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

pected to attend noon meetings in San Francisco the second Thursday of each month

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

Letters...

... to the Editor

Lenny Bruce Case

Editor: This affair of Lenny

Bruce's room being entered by

police officers without warrant

is quite disturbing to me. The

articles in the ACLU News and

the S.F. Chronicle indicate that

to date the only action that has

been taken has been a request

by the ACLU for an investigation.

This seems to me to_be a rather

- bashful and ineffective way of ob-

jecting to what I understand to

be outright breaking of the law,

i.e., gaining entry to a residence

without the owner's permission

and searching without a warrant.

I suggest we should attack such

dictatorial behavior by the police

in a more forthright manner, to

wit: charge them with whatever

specific laws we believe them to

have broken, and pyess_ this

charge with determination. By

"them" I mean the individual po-

lice officers and whoever directed

their activity.

_ I would appreciate a reply, if

you can find time, clarifying your

point of view. I realize the law is

a complicated thing and there

may be difficulties to the course

of action I suggest. If so, I would

like to know what such difficul-

ties are.

May I also suggest in addition

that this letter be printed in the

NEWS for the consideration and

debate by other members.-Mar-

tin Katzman, M.D.

The Editor Replies

The problem presented by the

Lenny Bruce case and cthers like

it is a factual one. We weren't

there when the police made the

alleged raid, so we can't vouch

for the truth of the complaint.

Consequently, we asked the Chief

to investigate. We now have a

response in which he denies that

his men did anything unlawful.

Where do we go from here?

If there were a police practices

board which heard complaints

about alleged violations of civil

liberties by police officers, we

would go there. This case illus-

trates the need for such a fact

finding body in San Francisco

where complaints about the ac-

tivities of police officers receive

slight consideration.

Under the particular circum-

stances, because of the admissions

apparently made to the press by

the police (which are not entirely

trustworthy), I would be inclined

to file a suit for damages in the

Federal courts alleging a viola-

tion of civil rights. Who would

our client be? Why, Lenny

Bruce if he consented. If he

didn't consent, we would be fore-

closed from suing.

The fact is, of course, that

Lenny Bruce is not available,

and possibly if he were available

now would not be available at

the time of trial. Moreover, the

main witness (you must remem-

ber that Lenny Bruce wasn't

there) suffers some disabilities

because of his record. The jury

might choose not to believe him.

If the foregoing problems were

resolved, we would still face an

inability to prove damages and,

consequently, even if we did pre-

vail at the trial, the jury might

end up by giving us only six

cents. Then where would we be?

I am willing to strike a blow

for liberty if there is seme practi-

cal way of doing it. [f you have

any suggestions I would be glad

to listen to them.

Of course, I will oe happy te

print your letter and my answer

to it-Ernest Besig |

Editor: In reply to the letter

by Jerome F. Downs of Marin

County to Assemblyman William

T. Bagley, opposing AB 566-

Mandatory Bloodtests - I hope

you will be fair enough to print

the views of another good ACLU

member who is very much in

favor of AB 566.

Whether Mr. Downs likes it or

not-driving an automebile is a

privilege, not a right. Just as a

person wanting to retain his driv-

er's license cannot object to giv-

ing proof of adequate vision, so

that he is able to operate a motor

_vehicle safely, so should he be

required to prove his sobriety if

there is good reason to doubt it.

The similies Mr. Downs draws as

to what violations of constitu-

tional rights this may invite in

other areas are so unreasonable

as to be deserving of comment.

However, since he chose to cite

two examples of possible abuse

by law enforcement cfficers, |

would like to use one of these to

ask Mr. Downs a question: How

would he feel if, on her way to

her obstetrician, his wife and un-

born child were killed in a col-

lision caused by an iutoxicated

driver, who then goes scot free

to do the same thing again,

when a simple blood test would

have kept at least this one men-

ace off our highways?

And what about the rights of

the 4,000 persons who were

killed on California highways

last year, intoxication having

been shown as the major contrib-

uting factor to this . mass

slaughter? And of the cnes being

killed this year? WHAT HAVE

WE DONE TO GUARANTEE

THE ER CONSTITUTIONAL

RIGHTS TO LIFE, AND THE

CONSTITUTIONAL RIGHTS OF

THEIR FAMILIES TO THE

PURSUIT OF HAPPINESS?

No responsible person could

object to giving proof that he is,

at all times, physically fit and

competent to be allowed the

privilege of driving on our high-

ways. Anyone who dces object

should not be allowed this privi-

lege, so that the rights of the

rest of us-the right to survival-

will be protected.

As to the possible incompe-

tence of police officers who ad-

minister the blood tests: It would

be prudent to insist that AB 566

be passed with the provision that

the highest standards of compe-

tence be maintained by all per-

sons allowed to administer the

tests. But let us not be afraid

to pass good laws just because-

as in all human endeavor-there

is a possibility that they may not

always be properly carried out.-

Eva Metzger

Sobriety Tests

Editor: I should like to com-

ment on the letter of Jerome F.

Downs to his assemblyman oppos-

ing AB 566, requiring applicants

for drivers' licenses te consent

to blood tests or have their ap-

plication denied.

As a physician who has par-

ticipated in many sobriety tests

at the request of local law en-

forcement agencies I have been |

impressed by the disparity of

findings at the time of arrest and

the claims made by the defend-

ant at the time of the trial.

Drivers who are confused, who

have difficulty in standing, and in

walking a straight line, who slur

their speech, who exhibit red-

dened eyes and a breath reeking

of alcohol will successfully argue

that these signs and symptoms

were the result not of alcohol,

but rather the result of an al-

lergy, or an antihistamine taken

for an allergy, or a blow to the

head sustained at the time of

collision, or the effect of a bar-

Mendocino Coast, by Helen Salz

Mrs. Helen Salz Gives

Pictures for ACLU Benefit

Prominent San Francisco artist and civil libertarian Helen

Salz is presenting a number of her pictures in a benefit for

this year's ACLU membership drive.

The show will be in the home of the Ernest Besig's-2270

15th Avenue, San Francisco, on Sunday afternoon, May 19,

from 12:00 to 6:00 p.m. Pastels

and black-and-white ink washes,

ranging from $50.00 - $150.00,

will be sold for two-thirds of

their price, with all the proceeds

going to the ACLU.

Rich and Vibrant Colors

In the art world Mrs. Salz is

noted for her skillful, imagina-

tive pastels. She stresses strong

delineation of form with rich and

vibrant colors reminiscent of the

French Impressionists. Chronicle

art critic Alfred Frankenstein has

observed that "Mrs. Salz is one-

of the few artists left who know

how to use pastel with convic-

tion and point. She controls a

delicate medium delicately, with

admirable selection of. essentials

in composition and a fine flow of

shapes; and she achieves a highly

spirited sparkle in her still lifes

and garden scenes."

Student of Piazzoni

Helen Salz has studied with

Gottardo Piazzoni, Robert Henri

and Rockwell Kent. She has had

seven one-man shows, including

exhibitions at the Marie Sterner

Gallery in New York, the San

Francisco Museum of Art, the

California Palace of the Legion

of Honor, the City of Paris

Rotunda Gallery, the Carmel Art

Gallery and the Santa Barbara

Museum. She has also exhibited

at the Golden Gate International

Exposition and the Decorators

Club Gallery in New York.

Her works are owned by the

San Francisco Museum, the Uni-

versity of California and the

Santa Barbara Museum, in addi-

tion to private collecters. She is

a member of the San Francisco

Art Association and the Artists

Equity Association.

Branch Founder

Mrs. Salz is also well known for

her service to the cause of civil

liberties. Together with Dr.

Alexander Meiklejohn, the late

Rt. Rev. Edward L. Parsons, and

a few others she founded the

ACLU of Northern California in

1934 and is presently a vice-chair-

man of its Board of Directors.

biturate or tranquilizer. The ele-

ment of doubt, which can be re-

moved by the use of a simple

blood test, is enough to sway the

judge or jury in favor of the de-

fendant and return the drinking

driver back to the street and

highway to kill and maim.

The need for legislation to pro-

tect society from the intoxicated

driver has been recognized in

New York state and Sweden.

California, which leads the nation

in auto deaths, can ill afford not

te enact such a law.-Robert P.

Dorin, M.D.

Directions

To get to the May 19 benefit

show: Go out 19th Avenue and

turn East on Taraval to 15th

Avenue; then, go up 15th Avenue

(north) a block and a half to

number 2270, which is located

between Santiago and Riviera

Strets (around the corner from

the Herbert Hoover Junior

High School). Warning: 15th

Avenue is not cut through south

of Golden Gate Park, so don't

follow that street or you'll end

up wandering in the hiils-J. H.

Religious Query

On Student Loan

Form Removed

_A religious question on an ap-

plication form used in a student

loan program administered by -

San Francisco State College was

eliminated last month after an

inquiry by the ACLU. The ques-

tion was, "Are you an active

member of a religious group?"

Jefferson Poland, a_ student

who called the matter to the

ACLU's attention, argued that

the question was asked "because

the answer is deemed relevant

to whether the student should get

the loan. . . . (Thus) the state

assists in giving financial rewards

on the basis of religious activity.

Furthermore, the applicants who -

are discriminated against on re-

ligious grounds are being denied

equal protection of the laws."

Under the program, the United

Student Aid Funds guaranteed

loans to students at low -interest

rates made by banks.

The United Student Aid Funds

claimed it had asked the question

because "we were interested to

see if there was any pattern of

reliability of those who choose to

indicate religious activity. No re-

quirement was made to complete

this question. It was optional."

President Paul Dodd of San

Francisco State College assured

the ACLU that "all future appli-

cants will be given the new ap-

plication form on which ... the

question does not appear." He

claimed that the religious ques-

tion "never has had any rele-

vaney" as far as the College "or

any participating bank has been

concerned."

Newman Elected

Prof. Frank C. Newman, Dean

of the Law School (Beldt Hall)

at the University of California,

Berkeley, was recently elected to

the ACLU's National Committee.

ACLU NEWS

MAY, 1963

Page 3

on

Publication of Editorial

Election Day

The Supreme Court of Alabama last month was asked

-to rule that a state law which forbids any form of elec-

tioneering on Election Day is unconstitutional.

The American Civil Liberties Union filed a friend-of-the-

court brief in the case of James E. Mills, editor of the Bir-

mingham Post-Herald, who was

arrested and charged with vio-

lating the state Corrupt Practices

Act, after he wrote an editorial

on November 6, 1962-Election

Day-urging his readers to sup-

_ port .a proposition to change the

local city government from a

commission to a mayor-council

set-up.

Alabama Statute

Mills was accused of violating a

section of the Alabama Corrupt

Practices Act, which stipulates

that "it is a Corrupt Practice for

any person on any Election Day

... to do any electioneering or

solicit any votes ...for or against

the opposition of any candidate,

or in support of or in opposition

to any proposition that is being

voted on, on the day on which

the election affecting such candi-

dates or proposition is being

held."

Lower Court Action

At his trial, Mills acknowl-

edged publication of the editorial,

but charged-that the law violated

the free speech and free press

provisions of the First Amend-

ment to the United States Con-

stitution "as made applicable to

the states by the Fourteenth

Amendment." The lower court

Judge agreed with Mills' conten-

tion and also declared that the

law violated the provisions of the

Alabama Constitution guarantee-

ing freedom of speech and of the

press and due process of law.

Alabama has appealed this rul-

ing to the state Supreme Court.

Blanket Proscription

The ACLU brief declares that

the Mills case "seriously invades

... freedom [of the press}." The

law in question, says the Union,

"is vague, broad, blanket pro-

scription of freedom of speech

and of the press and is aimed at

activities which pose no immi-

nent danger, and in fact no sub-

stantial threat at all, of bringing

about evils which Alabama is

eonstitutionally entitled to pre-

vent." : a

The Mills case, says the ACLU,

is the latest in a whole series of

"eases involving a conflict be-

tween legislation and the guar-

_anties of the First Amendment,"

adding: "The classical. formula-

tion" [for First Amendment

cases} "remains the `clear and -

present danger' test." Under this

rule, there are "three common

elements to be considered: the

seriousness of the `evil, the im-

minence or probability of its oc-

currence and whether the statute

confines itself to restricting First

Amendment rights to the extent

actually required to prevent the

evil."

The "Evil" Analyzed

The ACLU brief continues:

"Presumably, the `evil' at which

the Alabama statute is directed,

is interference with or disruption

of fair, honest and orderly elec--

tions." Even though this is a

serious evil, the civil liberties or-

ganization says, it is apparent

that electioneering and vote solic-

itation on Election Day, "the ac-

tivities and utterances which the

statute proscribes, do not create a

sufficiently strong imminent

probability of the `evil' occur-

ring, It is further apparent that

the statute is cast in terms which

are far too broad and vague to

meet the test of the clear and

present danger rule that the

ACLU NEWS

MAY, 1963

Page 4

measures taken be `necessary'

or `required' to avoid the danger."

Other States

The friend-of-the-court brief

observes that the democratic vot-

ing process is not impaired in

other states where no such re-

strictions on electioneering exist,

and continues: "Even relatively

`disorderly' methods of election-

eering, such as_ broadcasting

through loud speakers, although

possibly offensive to the personal

tastes of some, do not threaten

the fairness and honesty of elec-

tions."

Attacking the sweeping nature

of the Alabama statute, the

ACLU cites the opinion of the

U.S. Supreme Court in the recent

ease of NAACP y. Button, in

which the Court said: "The ob-

jectionable quality of vagueness

and overbreadth [stems from}

the danger of tolerating in the

area of First Amendment. free-

doms, the existence of a penal

statute susceptible of sweeping

and improper application."

Balancing Test

The brief argues that the "bal-

ancing test" concept, which pits

the potential value of a margin-

ally restrictive statute against the

importance of absolute freedoms,

is not applicable in this case, be-

cause the Alabama law provides

for the gross repression of per-

sonal freedoms, and because the

test may not be applied to the

restriction of political speech.

Furthermore, says the ACLU,

"Alabama has no subordinating

interest in silencing electioneer-

ing and political advocacy on

Election Day which is sufficiently

compelling to warrant indiscrimi-

nate abridgement of First

Amendment rights."

-The Union warns that the Ala-

bama law "can accomplish little

or nothing in the way of pre-

venting unfairness, dishonesty or

disorder in Alabama elections.

What it can accomplish is to strip

Alabama citizens of their rights

to speak and write freely on

political issues on Election Day."

Interviewees

Dissuaded from

Having Counsel

Continued from Page I-

the South, civil rights for minor-

ity groups, the Supreme Court's

decision in the school segrega-

tion case, etc., but that didn't

prevent the Hearing Officer from

accepting the statements into

evidence.

Free Agents

Individuals who are asked to

furnish sworn statements to rep-

resentatives of the Army's In-

telligence Corps, whether in in--

dustrial security cases or in Army

security cases, should remember

that they are free agents and are

not required to give such state-

ments; that if they do give them

they run a serious risk that their

statements will not be faithfully

reproduced and, in any case, that

they will be tailored to suit the

government's purposes.

Insist On Counsel

If an individual feels that he

must give a statement he should

insist upon the presence of his

own attorney who must be pre-

pared to protect him against

badly phrased and ambiguous

questions, irrelevant material,

etc. He should also demand an

opportunity to check the tran-

script with the tape recording,

where there is a tape recording,

to review the transcript care-

fully before it is allowed to be

signed, and to receive a copy of

it.

Confrontation

Under the U.S. Supreme

Court's decision in the Green

case, an accused must be con-

fronted with his accusers in

security hearings. The Govern-

ment is trying to get around that

requirement by obtaining sworn

statements from the accused

which are then not used merely

for impeachment purposes at the

hearing but are permitted into

evidence as the main evidence

to establish its contentions.

Therefore, unless an accused

has representation by counsel at

all stages of the proceeding, in-

cluding any interview by Army

Intelligence Corps representa-

tives, the chances are that he will

be denied the fair hearing that

he is entitled to under American

concepts of due process of law.

Wisest Course

So, the wisest course where an

individual is requested to give a

statement is to consult counsel

who knows all about security

proceedings. There is no duty to

cooperate on the terms of the In-

telligence Corps. Indeed, to do

so is sheer folly.

Telephone Company Asks

Sokol Trial Be Prohibited

Late last month the Pacific

Telephone and Telegraph Com-

pany asked the District Court of

Appeal to issue a writ prohibiting

the trial of the damage action

which the ACLU has sponsored on

behalf of Edgar J. Sokol. Sokol

had his four business telephones

removed in 1961 without notice

or hearing or chance to present a

defense after the Telephone

Company received a letter from

a law enforcement officer alleg-

ing that they were being used

for illegal purposes.

Prior Rulings

In a hearing requested by So-

kol the Public Utilities Commis-

sion found that the telephones

were not being used for an illegal

purpose and that the Company

should be permanently enjoined

from refusing Sokol service. This

decision was not of much practi-

cal help to Sokol because he was

without telephones for 14 days

and his business was destroyed.

To compensate for the taking of

the telephones without due pro-

cess of law the ACLU supported

his damage action in the Superior

Court and Judge Joseph Karesh

ruled that the Telephone Com-

pany was wrong in its claim on

motion for summary judgment

that the Superior Court had no

jurisdiction to hear the case.

Company Contentions

In the District Court of Ap-

peal the Telephone Company ar-

gues that the Superior Court was

required to recognize a 1948 Pub-

lic Utilities Commission order

that no telephone company is

liable for damages if it acts on a

letter from a law enforcement

officer in removing telephones.

It then argues that whether this

order is constitutional or not can

only be decided by. the California

Supreme Court because only that

Court can review or annul a de-

cision of the Public Utilities Com-

mission. Since the Public Utili-

ties Commission has no power to

award damages and since any re-

scission of the 1948 order would

be prospective only, the Tele-

phone Company argues that So-

kol has no remedy for the un-

constitutional deprivation of his

property. -M.W.K, 2

A f Fi ` ry

`la ssificati

on

Score:

As Censorship

Attempts to perpetuate motion picture censorship through :

the back door of "classification" rather than the often in-

validated outright banning procedure are being made in

several areas across the land.

In state legislatures and

censorship are sponsoring bills

to require stamps of "suitable"

or "unsuitable" for young per-

sons on films exhibited in movie

theaters.

Various Proposals

New York, Missouri, and New

Jersey legislatures were pre-

sented with proposals to require

`classification of motion pictures

as suited or unsuited for young

persons. The New York legisla-

ture ended without action being

taken on the proposal. Seattle has

a recently enacted ordinance es-

tablishing criteria for classifying

films. The Detroit suburb of Ink-

ster, Mich., considered a similar

measure. Like bills were de-

feated in Marietta, Ga., and Oak-

wood, Ohio, the latter a suburb of

Toledo.

The 1963 session of New York's

legislature considered a bill iden-

tical to one defeated last year. It

would provide for labeling films

deemed proper for showing to

elementary and secondary school

pupils. In doing so, the licensing

board would decide whether a

film showed "nudity, sexual re-

lationships, violence, horror, bru-

tality, crime, delinquency, drug

addiction or disrespect for duly

constituted authority in a man-

ner or to an extent considered

contrary to the proper emotional,

ethical and moral training of

such children." The review

board's findings could be pub-

lished.

Exhibitor's Decision

In Missouri the legislature was

asked to approve a bill requiring

each exhibitor to make his own

decision regarding whether films

were suitable for children. He

would then be instructed to use

as a standard what a reasonably

prudent person in the commu-

nity would recommend.

Classification of films in New

Jersey, under a proposed bill,

would be based on a determina-

tion of whether they portrayed

"obscenity, nudity, lewdness, hor-

ror, violence, brutality, sadism,

juvenile delinquency, drug ad-

diction or sexual conduct or re-

lationship in a manner or to an

extent contrary to the proper

mental, ethical and moral devel-

opment of youth." The review

board's findings would be pub-

lished.

Parents Should Decide

In a-statement reiterating its -

opposition to any restraints on

freedom of expression, the Ameri-

can Civil Liberties Union as-

serted on April 3 that parents,

not government authorities,

should decide what their children

The first right of a citizen

Is the right

To be responsible.

AMERICAN CIVIL LIBERTIES UNION

OF NORTHERN GALIFORNIA

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city councils proponents of

should see. "The different views

of parents on this matier are so

numerous as to make impossible

a consistently wise policy on this

subject,' according to the state-

ment. "We do not believe . . .

that any censoring body of gov-

ernmental authority should make

a decision on a question of which

the parent should be judge."

The ACLU statement pointed

in addition to other objections.

Among them were "establishment

of a censorship bureaucracy the

members of which will, of neces-

sity, utilize individually more or

less secretive criteria in making

determinations;" the necessity of

subjecting all movies to prior

censorship; the scope of the ma-

terial to be classified; and the

difficulty of choosing censors.

Fair Game for Censors

"Sexual subjects are just one

area that the pro-censors believe

fall within the domain of special

censorship for children,' the

statement pointed out. "They also

desire restrictions on materials

dealing with crime, horror, and

brutality. Moreover, many of

them believe the treatment of

other subjects should be handled

in special ways for children-nar-

cotics, gambling, prostitution,

smoking and drinking.

Indeed, such subjects as di-

vorce, adultery, the intermixing -

of races have, at one time or an-

other, been the target of censor-

ship supporters-in short, any-

thing deemed immoral or contro-

versial by any group at any par-

ticular time is fair game for cen-

sorship."

Elsewhere, Maryland's film

censor law was challenged by a

theater in a test suit concerning

a non-controversial movie dealing

with the Irish revolution, "Re-

venge at Daybreak." The theater

manager refused to submit it for

approval. A bill to create a board

to review, and ban or cut motion

pictures was before the Connecti-

cut legislature.

Legion of Decency

A recapitulation of 1962 activi-

ties by the Roman Catholic Le-

gion of Decency showed that it

condemned 15 foreign films, the

largest number for a 12-month

period since it began classifying

motion pictures in 1936. No. U.S.-

made film was condemned, but

14.7% of the 187 U.S. movies re-

viewed were rated morally ob-

jectionable in part for both

youngsters and adults. Observers

noted that Legion of Decency

ratings tended to keep many

films off television stations.

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