vol. 29, no. 8
Primary tabs
American
Civil Liberties
Union
Volume XXIX
Contributions Sought For
Southern Regional Office
The national office of the ACLU expects to open a
Southern Regional Office with headquarters in Atlanta,
Georgia, around September 1. A staff is now being as-
sembled. The cost of the first year's operation is esti-
mated at $40,000 and ACLU branches throughout the
eountry have assumed responsibility for raising the
necessary money.
At the present time, among ACLU's 34 affiliates are
ones presently organized in Texas, Louisiana, Florida,
Georgia, Maryland and Kentucky. But none exist in
Arkansas, Mississippi, Alabama, North and South Caro-
lina, Virginia, West Virginia, and Tennessee.
At a southern ACLU conference held in Atlanta
last May 16 to determine whether ACLU activity in
that region should be increased, the following resolu-
tion was adopted and referred to the national biennial
eonference:
"The southern conference regards as a major need,
the establishment of a regional office in the South,
which would concern itself primarily with litigative
work within the scope of the traditional ACLU activity.
The function of this office is to facilitate and coordinate
legal work in behalf of civil liberties in local commu-
nities; where such facilitation and coordination is not
possible, the lawyer in charge of the regional office
would directly participate in civil liberties litigation."
The biennial conference endorsed the recommenda-
tion of the southern conference "to strengthen ACLU's
defense of civil liberties in the South with civil rights
construed as an especially important and integral part
thereof," and the national board was urged to imple-
ment the recommendation "at the earliest possible op-
portunity."
At a meeting of the ACLUNC board of directors on
July 9, the proposal for a Southern Regional Office
was endorsed in principle and it was agreed to under-
take to raise money to support the project.
The office is confident that ACLU members in
northern California will be eager to support the South-
ern Regional Office. The critical need for the protection
of civil liberties in the South is apparent to all ACLU
members and needs no argument. Contributions should
be sent without delay to help meet this national prob-
lem. Send your contributions to the ACLU, 503 Market
St., San Francisco 5, Calif., and be sure they are ear-
ae for the establishment of a Southern Regional
Office.
Alameda County Civil Service
Ban on Politic
Activity Void
By Supreme Court
In a unanimous decision, the California Supreme Court,
on May 28, declared that a provision of the Alameda County
Charter prohibiting classified civil service employees from
participating in political affairs was unconstitutional. The de-
cision was handed down in the case of Dr. Joel Fort of El
Cerrito, who was removed as di-
SAN FRANCISCO, AUGUST, 1964
rector of the Center for Treat-
ment and Education on Alcohol-
ism because in April 1962 he be-
came chairman of a speakers'
bureau for the Contra Costa com-
mittee to reelect Governor Ed-
mund G. Brown.
Charter Provision
The Charter of Alameda Coun-
ty provides that "No person hold-
ing a position in the classified
civil service shall take any part
in political management or af-
fairs in any political campaign or
election, or in any campaign to
adopt or reject any initiative or
referendum measure other than
to cast his vote or to privately
express his opinion." That sen-
tence was declared to be uncon-
stitutional in its entirety.
Sweeping Prohibition
The court pointed out that "the
section applies not only to all ac-
tivities during a political cam-
paign which amount to mana-
gerial direction, for example act-
.ing as chairman of a campaign,
but, in view of the word `affairs'
is broad enough to prevent em-
ployees from running for public
office or from campaigning on
behalf of other candidates. The
prohibition is also of sufficient
breadth to apply to political ac-
tivity concerning all propositions
on the ballot, even including
measures which would directly
and personally affect the em-
ployee such as one relating to his
own salary or working conditions.
Because of the broad and gen-
eral terms of the section it is not
clear what additional conduct
may be proscribed, for example
membership in a political organi-
zation or attendance at political
gatherings, and likewise unclear
is the extent to which an em-
ployee is free to voice his opinion
on issues and candidates. The
only express limitation on the
sweeping prohibition is contained
-Continued on Page 3
Number 8
Release Without
Bail Project
To Start in S.F.
Last summer a meeting of AC-
LU attorneys held in the lounge
of the San Francisco Bar Associ-
ation heard a panel discussion
on the subject of the detention
in jail of persons charged with_
crimes prior to their trials. Such
detention was roundly attacked
as unnecessary, in conflict with
the presumption of innocence,
and as a means of forcing inno-
cent persons to plead guilty rather
than spend time in. jail before
their trials. The basic problem
seems to be that judges are very
inadequately informed concern-
ing the reliability of persons com-
ing before them who are charged
with crimes, and therefore tend
to require bail (which many de-
fendants cannot afford to post) as
a condition of release before
trial.
Basic Information
Experience in New York has
shown that if certain basic infor-
mation such as residence and em-
ployment records and family his-
tory is obtained, and checked out,
a judge is in a position to release
without bail persons who seem
to have roots in the community.
Such release is said to be on
one's own recognizance.
The Committee on the adminis-
tration of Criminal Justice of the
San Francisco Bar Association,
chaired by Irving F. Reichert, Jr.,
made a pre-trial release program
similar to the one in New York
its major project for the current
year and ACLU Staff Counsel,
Marshall Krause, was appointed
as Chairman of the Sub-Commit-
tee to carry the plan into opera-
tion. With the cooperation of the
San Francisco Foundation, which
gave an initial grant of $3,500.00
to the Bar Association, the proj-
ect is now ready to get underway
in San Francisco and has the
cooperation of the office of the
District Attorney, the Police De-
partment and the judges of the
Municipal Court.
First Director
William Hopper, a former pro-
bation officer, has been engaged
as the first director for the proj-
ect and it is expected that after
the initial rough spots are work-
ed out it will be financed by the
City and County of San Francis-
co under the Adult Probation
Department. Money saved by re-
duced costs in the City prison
and County jail will help to pay
the City back for any costs of
the program.
Mid-Peninsula Chapter
Boise Metal Sculptures
After a trial of 9 days, a San Francisco Municipal Court
jury in the courtroom of Judge Clayton Horn, voted unani-
mously on July 2nd that the owner of the Vorpal Gallery,
Michael Muldoon Elder, and a salesman, Michael Stafford,
were not guilty of offering for sale obscene works in display-
ing the metal sculptures of Ron
Boise. The trial was certainly
one of the most interesting in
the history of San Francisco with
famed art experts testifying
about all aspects of art from the
days of the Greeks till modern
times. By the time the case was
well underway it was commonly
referred to as an art seminar
rather than a trial.
Freedom To Create
The verdict of the jury, ac-
cording to the comments of some
of its members, was not on any
technical ground but directly on
the point which was emphasized
during the trial, namely: that art-
`ists must have freedom to create,
and love between men and
women is one of the traditional
subjects of art throughout the
ages. Thus, the defense argued,
High Court
Avoids Church and
State Issues
One of the recent actions of
`the U. S. Supreme Court was the
reversal of a decision of the,
Supreme Court of Florida up-
holding public school devotional
Bible readings and recitation of
prayers. As to "other questions",
however, the court dismissed the
appeal "for want of properly pre-
sented federal questions."
These "other questions" involv-
ed the constitutionality under the
First and Fourteenth Amend-
ments of baccalaureate services
in schools, a religious census
among pupils, and a religious
test for schocel teachers.
Justices Douglas and Black felt
that the matter of baccalaureate
services and the religious census
did not present substantial fed-
eral quetions, but they felt that
a religious test for school teach-
ers presents a substantial federal
question. In Florida, applicants
for teaching positions are requir-
ed to answer the question, "Do
you believe in God?", and reli-
gious attitudes are considered in
making promotions.
Mr. Justice Stewart felt that
the court should have heard ar-
guments on all of the issues.
Fourth Annual Champagne
Reception Sun. August 16
The Fourth Annual Champagne Reception of the Mid-
Peninsula Chapter of the ACLUNC will be held Sunday after-
noon, August 16 from 2 to 5 p.m. at the home of Mr. and
Mrs. Robert A. Klein, 100 La Sandra Way, Westridge, Portola
Valley. This is the third year that the Kleins have graciously
offered their beautiful home and
grounds for the reception.
Featured Speaker
The featured speaker at the
gathering will be Dr. John G.
Deutsch, visiting Assistant Pro-
fessor of Law at Stanford Univer-
sity. He will discuss recent U.S.
Supreme Court decisions in the
area of civil liberties.
Dr, Deutsch is a brilliant schol-
ar. He received his PhD in Politi-
cal Science from Yale University
in 1962 and his LLB from Har-
vard Law School in 1962. From
1962-1964 he served as law clerk
for Mr. Justice Potter Stewart of
the U.S. Supreme Court.
The Annual Champagne Recep-
tion has always been an outstand-
ing success and a larger attend-
ance than ever is expected this
year. A special attraction is the
swimming pool, which is avail-
able to those who bring their own
swimming suits and towels,
The Annual Champagne Recep-
tion is an ideal way to acquaint
persons with the activities of the
ACLU. It is open not only to
ACLU members but their friends
as well.
Donations Welcomed
Finally, since this is the major
fund-raising affair of the Mid-
-Peninsula Chapter, as usual, do-
nations will be welcomed.
Boise's scultpures of couples en-
gaged in love could not be found
to exceed contemporary stand-
ards in art nor could it be de-
nied that they had redeeming
social importance and, therefore,
were fully protected by the First
Amendment.
Police Testimony
The prosecution at the com-
mencement of its case was con-
tent to rely on the testimony of
police officers that they observed
the Boise sculptures at the Vor-
pal Gallery and decided that
there was probable cause of a
violation of the obscenity stat-
utes. They, therefore, arrested
owner Elder and took eleven of
the Boise sculptures off to city
prison with him, Later, salesman
Stafford was arrested along with
two more of the sculptures which
the police had overlooked on
their first visit. The defendants
were released on bail but the 13
sculptures remained in the cus-
tody of the police department un-
til the end of the trial when they
were triumphantly removed by
the defendants and Ron Boise.
Dr. Walter Horn Testifies
The first witness for the de-
fense was famed art historian,
Walter Horn (no relation to
Judge Horn). Dr. Horn, who
teaches at Berkeley and is a
former chairman of the Depart-
ment of Art, in a carefully docu-
mented presentation showed how
artists from the Greeks to our
present day have dealt frankly
and in detail with various aspects
of human love. Some 45 repro-
ductions were introduced in evi-
dence to illustrate Dr. Horn's
thesis.
Deeper Meaning
Dr. Horn pointed out to the
jury that the theme of a work of
art was not the only way in
-Continued on Page 3
Judge Violates
New Bail Rule
On July 1st the following rule
of the Judicial Council went into
effect: "The fact that a defendant
in a criminal case has or has not
asked for a jury trial shall not be
taken into consideration in fixing
the amount of bail, nor shall bail
once set be increased or reduced
by reason of such fact." The rule
was found necessary because of a
traffic court practice of increas-
ing bail demands to high amounts
to discourage jury trials for
minor criminal charges.
On June 1 the Judicial Council
had widely publicized the new
rule and sent a copy to every
municipal court judge in the
state. Yet on July 8 San Fran-
cisco Judge Elton Lawless, as de.
scribed in the editorial reprinted
elsewhere in the News, raised the -
bail of Clem Schallenberger from
$14.00 to $100.00, and. when
Schallenberger could not im-
mediately post this sum, Lawless
kept him in jail for 2% days.
When the ACLU learned of
this, we asked Judge Lawless if
he was aware of the Judicial
Council rule concerning bail. As
of the time this is written, no re-
ply has been received from the
judge. The ACLU was successful
in getting Schallenberger's
charge dismissed, but we are not
yet sure if we have been success-
ful in getting Judge Lawless te
follow the law.
AMERICAN CIVIL LIBERTIES UNION NEWS
Published by the American Civil Liberties Union of Northern California
Second Class Mail privileges authorized at San Francisco, California
ERNEST BESIG .. . Editor
503 Market Street, San Francisco 5, California, EXbrook 2-4692
Subscription Rates -- Two Dollars a Year
Twenty Cents Per Copy
Board of Directors of the American Civil Liberties Union
of Northern California
CHAIRMAN: Howard A. Friedman
VICE-CHAIRMEN: Dr. Alexander Metklejohn
Helen Salz
Rey. Harry B. Scholefield
SECRETARY-TREASURER: John M. Fowle
EXECUTIVE DIRECTOR: Ernest Besig
Ralph B. Atkinson
Dr. Alfred Azeyede
Prof. Arthur K. Bierman
Leo Borregard
Rey. Richard Byfield
Prof. James R. Caldwell
William K. Coblentz
Richard DeLancie
Rabbi Alvin I. Fine
Mrs. Zora Cheever Gross
Albert Haas, Jr.
Rey. Ford Lewis GENERAL COUNSEL
Rey. F. Danford Lion Wayne: M. Collins
Committee of Sponsors
Prof. Seaton W. Manning
John R. May
Prof. Charles Muscatine
Clarence E. Rust
John Brisbin Rutherford
Mrs. Martin Steiner
Gregory S. Stout
Stephen Thiermann
Richard J. Werthimer
Donald Vial
Roger Kent
Mes. 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
Rt. Rey. Sumner Walters
Honorary Treasurer: _
Joseph S. Thompson
Honorary Board Member:
Sara Bard Field
Mrs. Gladys Brown
Mrs. Paul Couture
John J. Eagan
Joseph Eichler
Morse Erskine
Dr. H. H. Fisher
Mrs. Margaret C. Hayes
Prof. Ernest Hilgard
Mes. Paul Holmer
- Mrs. Mary Hutchinson
Richard Johnston
Is This Crime Worth
Two Days in Jail? |
A San Franciseo motorist spent 60 hours in jail last week
because he wanted a jury trial on a minor traffic charge.
If this be justice, let mankind revert to protozoa and re-
develop along more reasonable lines though it take 20 mil-
lion years. :
Clem Schallenberger, the star in this sorry little drama,
got a ticket for a left hand turn at Oak and Stanyan Streets.
He felt the charge was unwarranted because the intersection
is "confusing," asked a court hearing and posted $14 bail.
When he appeared before Judge Elton Lawless, he asked for
a jury trial.
Judge Lawless then proceeded, in violation of a Judicial
Council rule, to raise the bail to $100. Schallenberger didn't
have it and served two and a half days before a friend
showed up with the money.
Judge Albert Axelrod dismissed the charge Thursday on
grounds that Schallenberger's jail term was sufficient ex-
piation for his offense.
Two things, neither very substantial, can be said in Judge (c)
Lawless' defense: (1) He was new in Traffic Court and the
rule forbidding what he did became effective only July 1
and (2) Lawless isn't the only judge guilty of such practice.
The United States Constitution forbids excessive bail, so
we must ask: Was Schallenberger's bail "excessive"? Well,
the fine for the violation is $8, so you can decide for yourself.
A similar case occurred in Contra Costa County in 1961
when a motorist accused of failing to observe a stop sign
had his bail raised from $11 to $263 when he asked for a
jury trial. There have been many other instances.
Again referring to Schallenberger's case, if $14 is enough
to insure appearance before a judge, it's enough to insure
appearance before a jury.
Bail is not a punitive instrument and should not be
turned to that purpose or any other except to insure an ap-
pearance in court.
We are aware of the problem of clogged calendars arising
from unnecessary jury trials, frivolously asked by unthinking
citizens. Judges certainly have the right-the duty-to dis-
courage them within reasonable limits and can do so by
warning the defendant that if he fails to show up after the
City has gone to the expense of mustering a jury he will be
held in contempt of court.
Schallenberger himself appears to have a pretty good
defense against the charge, but that has no bearing on the
fact that he spent two and a half days in jail on a charge
that falls considerably short of mayhem or murder.
The fact that the Judicial Council felt impelled to im-
pose its new rule is no compliment to the California judi-
eiary, or at least those members of it who have violated the
principle the rule sustains.
NOTE: The foregoing editorial appeared in the July 17,
1964 edition of the San Francisco News Call-Bulletin. It re-
lates to a case handled successfully by the ACLU of
Northern California.
Investigation
By ACLU Into
Sit-in Trials
The American Civil Liber-
ties Union of Northern Cali-
fornia announced on July 17
that it will provide funds to
allow a transcript of the trial
record in the case of Dr.
Thomas N. Burbridge to be
prepared fer appeal purposes.
The cost of the record is esti-
mated at from $600 to $1000.
Dr. Burbridge, president of
the NAACP in San Francisco,
was sentenced to nine months
in the county jail for partici-
pating in the April 11 civil
rights demonstration at the
Cadillac showroom on Van
Ness Avenue, San Francisco.
It was the stiffest sentence
thus far meted out to civil
rights demonstrators in San
Francisco. oS
The ACLU's action reflects:
its concern over numerous
complaints it has received of
the violation of civil liberties
in the current San Francisco
civil rights sit-in trials. These
complaints, among others, in-
clude claims of the systematic
1 exclusion of Negroes as jurors,
harassment of lawyers by
judges, unnecessary attend-
ance of defendants at the
trials, disparity of sentences
because of political reasons,
| and, of course, the shocking
sentence in the case of Dr.
Thomas N. Burbridge.
The ACLU makes no final
judgment on these complaints
at this time but its Legal Com-
mittee has begun a thorough
investigation into them. In
this connection, anyone with
information pertaining to
these matters is invited te
make it available to the ACLU.
Membership
Stands at
Record 5840
The membership of the
ACLUNC reached another record
high last month. As this issue of
the NEWS goes to press, there
are exactly 5840 paid-up members
and 182 separate subscribers to
the NEWS.
A year ago on July 31, there
were exactly 5382 paid-up mem-
`bers in the ACLUNC. Since then
there has been a net gain of 458
members. Also, for the first time
in the history of the branch, the
paid mailing list, including the
182 separate subscribers to the
NEWS, has gone beyond the six
thousand mark or exactly 6022.
New Legislative
Comm. Considers
Action on Prop. 14
Branch board chairman How-
ard A, Friedman has appointed
a Legislative Committee whose
immediate task is to develop a
program to help defeat Proposi-
tion 14, which would give State
constitutional sanction to racial
segregation. Chairman of the
committee is attorney Richard J.
Werthimer. Other committee
members are Ralph Atkinson,
Prof, James R. Caldwell, the Rev.
Ford Lewis, Mrs. Helen Salz, Mrs.
Barbara Steiner and Don Vial.
Also serving on the committee
will be chapter representatives.
Each chapter has been urged to
appoint one of its members to
the committee.
The Committee's first meeting
will be held Tuesday evening Au-
gust 4 at the home of Mrs. Helen
Salz in San Francisco.
ACLU NEWS
AUGUST, 1964
Page 2
ARGUMENTS AGAINST |
PROPOSITION No. 14
Here is a summary of the arguments against Proposition
14, which would provide that "Neither the state nor any
sub-division or agency thereof shall deny, limit or abridge
directly or indirectly the right of any person who is willing
or desirous to sell, lease or rent any part or all of his real
property, to decline to sell, lease or rent such property to
such person or persons as he in his absolute discretion
chooses."
1. Proposition 14 would freeze racial discrimination into
our State Constitution not only by repealing the Rumford
Act and all other fair housing laws, but by preventing any
further legislation in the field. is
2. While the rest of the country moves forward in the
field of race relations, California would be set back 100
years. This law would preserve the racial ghetto, the slum
area, and de facto segregation in public schools.
3. Laws similar to the Rumford Act have been in effect
in nine other states and have been successful in their op-
eration. Surveys in these states have shown that property
values have not decreased. :
4. The realtors' only argument for the law is based on
preserving the "sacred rights of property owners." This is
a myth? The courts have ruled again and again that when
personal property rights conflict with the public interest
they must be relinquished. This has been shown by zoning
laws, health laws, building regulations and pre-emption of
private property for public buildings and roads. The courts
have ruled that discrimination on the basis of race, cree
or national origin is against the public interest.
5. The law, if passed will prebably be declared uncon-
stitutional kecause it violates the equal protection guaran-
tees of the Fourteenth Amendment to the U.S. Constitution.
The California Supreme Court recently expressed grave
doubts as to the constitutionality of the Initiative. Unfor-
tunately, if the voters approve the law it could take years
before a court test could be completed. Meanwhile, racial
tensions and bitterness would increase.
6. In the first seven months the Rumford Act has been
in operation, the FEPC has announced it has worked smooth-
ly. Of a total of 97 complaints received, all but one were
settled through conciliation. Only one was brought to a pub-
lic hearing.
7. The passage of the Initiative would probably preclude
the State from receiving an estimated $268 million in Fed-
eral urban renewal funds as Federal law requires non-dis-
criminatory clauses in leases of property in urban renewal
areas. This could perpetuate slum areas in our state.
Mayer Passport Case
Test Oath Requirement
Vacated By High Court
The State Department's refusal to issue a passport to
Milton Mayer, Carmel journalist, because he refused to sign
a non-Communist oath, was sent back to the Washington,
D.C., Court of Appeals by the U.S. Supreme Court on June
23. In a brief order, the court vacated the trial court's judg-
ment upholding the State Depart-
ment and remanded the case to
the Court of Appeals for consid-
eration in light of Aptheker v.
to a test oath and "requires a man
to deny a crime with which he
has not been charged." He as-
serted that the State Department
Secretary of State, which was de-
cided the same day.
What Aptheker Held
The Aptheker case held invalid
a section of the Internal Security
Act of 1950 denying passports to
members of the United States
Communist Party and Communist
front groups. The 6 to 3 opinion
held that the statute was bad be-
cause it struck at innocent as well
as evil behavior. The decision
held that national security could
be protected by means "more dis-
criminately tailored to the con-
stitutional liberties of individ-
uals."
Non-Communist Oath
In carrying out its obligations
under the Internal Security Act,
the State Department incorpo-
rated in its passport application
form a declaration that "I am not
and have not been at any time
during the period of 12 full calen-
dar months preceding the date of
this application a member of any
organization registered or re-
quired to register under Section
7 of the Subversive Activities
Control Act of 1956, as amended."
At this point, the only organiza-
tion required to register is the
Communist Party.
Test Oath
In applying for a new passport,
Mayer refused to sign the fore-
going oath. He complained that
the requirement was tantamount
did not have reason to believe
that he was a member of an or-
ganization that was required to
register,
Requirement Continues
Since the passport provisions
of the Subversive Activities Con-
trol Act are invalid, it would
seem clear that the Department's
non-Communist oath may not rest
upon such an unconstitutional
law. The Court of Appeals, in the
light of the Aptheker case, would
appear to have little choice but to
declare that the oath is invalid.
That may take a little time, how-
ever, and, in the meantime, the
Department continues to require
the oath. Its local offices in
northern California have in-
formed inquirers that they have
received no new instructions
from Washington since the Mayer
decision.
Prof. Van Kennedy
Goes To India
Prof. Van Dusen Kennedy of
the University of California,
Berkeley, who was first elected
to the branch board of directors
in November, 1950, recently re-
signed. The last time Prof. Ken-
nedy left the board he went to
India on a sabbatical leave. This
time he will again go on sabbati-
eal leave for a year and will
spend it, as before, in India.
RON AND EMILIA BOISE
"Not Guilty' Verdict in
Boise `Obscenity Case'
Continued from Page 1-~
which it should be interpreted.
-One must also take into consid--
eration the deeper meaning of
the artistic expression, which
may require a sociological or his-
torical perspective, as well as the
technical ability and workman-
ship of the artist. Dr. Horn found
the theme of Boise's work not
unusual and the deeper meaning
one of tenderness and compas-
sion. Boise's craftsmanship was
agreed by all to be on a very
high level of accomplishment.
Expert On Oriental Art
The jury was also privileged
`to hear from Mrs. Catherine Cald-
well who lectures at Mills Col-
lege on oriental art. Mrs. Cald-
well was able to describe the
Hindu temples dedicated to the
sun god in India and their very
explicit frescoes on sexual
themes. These temples are cov-
ered by thousands of stone sculp-
tures of figures engaged in the
aet of love. The temples are
treated by the Indian Govern-
ment as an historical treasure,
and tourists are engaged to visit
them. Mrs. Caldwell also told the
jury that reproductions of these
sculptures are generally found
in most works dealing with the
art of India and that any person
interested in art history would
have to be familiar with the
seulptures on the temples. A
book of photographic reproduc-
tions of many of the sculptures,
the Kama Kala, was identified as
freely available in most book-
stores and libraries dealing with
art books.
Psychiatrist Testifies
Dr. Bernard Diamond, who now
teaches in the criminology and
law schools at the University of
California while retaining his
psychiatric practice, testified con-
cerning social attitudes toward
love and told the jury that the
depiction of love in art is an up-
lifting force in our culture. This
is because art adds to the stature
of anything it- treats in a serious
manner and this is especially
true of good art, which is how
Dr. Diamond characterized the
work of Ron Boise. A social atti-
tude toward love which makes it
cheap and unattractive is danger-
ous to good mental health, said
Dr. Diamond, whereas giving the
act of love more weight and mak-
ing it more important: by its de-
piction in art would make it less
likely that love would be treated
im a cheap or tawdry fashion and
thus enhance the mental health
of the community.
Artistic Value
Next came artist and Director
of the San Francisco Art Insti-
tute, Gurdon Woods, and Philoso-
pher Alan Watts, who testified
concerning the high artistic na-
ture of Boise's work and its value
in the community. When Alan
Watts was asked whether the
metal sculptures aroused his pru-
rient interests he stated that he
would just as soon make love to
a bicycle. Gurdon Woods told the
jury something of the technique
of modern sculpture in the
welded metal style.
Contemporary Standards
George Culler, Director of the
San Francisco Museum of Art,
gave impressive testimony con-
cerning contemporary standards
in the treatment of erotic themes
in modern art. Mr. Culler told
the jury something of the abso-
lute necessity of artistic freedom
for an artist to be able to create
the best art. He also praised
Boise's work as a fine example
of welded metal sculpture.
Other Defense Witnesses
It is only possible to give the
briefest description of some of
the testimony in this trial. Other
witnesses who gave valuable tes-
timony for the defense were the
artist, Ron Boise; art collector,
Michael Phillips; art gallery em-
ployee Dione Byrne; Harold Mar-
telle, a librarian from the Public
Library; and the defendants, Mi-
chael Muldoon Elder and Michael
Stafford.
Protecting Youth
When the defense rested the
District Attorney called, under
subpoena, the directors of the
DeYoung Museum and the Palace
of the Legion of Honor in San
Francisco, Jack McGregor, and
Thomas Carr Howe, respectively.
These men testified that they
would not exhibit the Boise
sculptures in their museums but
it became obvious that the thrust
of their testimony was that they
felt that the many children and
other unsophisticated persons
coming to their museums should
not be exposed to art of an erotic
nature. Both McGregor and Howe
testified that they would not ex-
hibit any work showing human
beings engaged in love, even
works of Rembrandt, Michaelan-
gelo and Picasso on these themes.
Closing Arguments
Closing arguments were made
by defense counsel Marshall
Krause and volunteer attorney
-his opinion.
Ban on Political
Activity Voided
Continued from Page 1-
in the phrase `other than to cast
his vote or to privately express
999
First Amendment Rights
"We are satisfied,' the court
concluded, "that, in the light of
the principles applicable to free-
dom of speech and the related
First Amendment rights, no
sound basis has been shown for
upholding a county provision
having the breadth of the one be-
fore us, which, as we have seen,
applies alike to partisan and non-
partisan activities and not only
to county elections but to all elec-
tions and which is not narrowly
drawn but is framed in sweeping
and uncertain terms that except
only the right to vote and to ex-
press opinions `privately.' "
ACLU Support
The ACLUNC supported the
appeal by filing an amicus curiae
brief which was prepared with
the assistance of attorney Arthur
Brunwasser, Fort was represent-
ed by Albert M. Bendich, former
staff counsel of the ACLU.
The ACLU's brief argued that
the County Charter violated. the
rights of employees under the
First Amendment,
MICHAEL MULDOON ELDER
Ephraim Margolin, and Judge
Clayton Horn carefully instructed
the jury concerning the Califor-
nia law on obscenity. The seven
men and five women retired and
reached a verdiet of "Not Guilty."
And so the Boise trial joins the
trials of "Howl" and Lenny Bruce
as victories for freedom of ex-
pression.
D.A. Stymies Police Censors
On Sunday, July 19th, artist Neil Stouffer decided that
Sausalito would be an ideal place to display his most recent
paintings in a portable art gallery which he sets up on the
side of his truck. He had just hung a few of the paintings
when Sausalito police officers took a look at his werk and
decided that he should be ar-
rested for displaying "obscene"
art. These sidewalk art critics
Developments
In Forstner
Beard Case
A seesaw battle to keep beard-
ed probation officer James A.
Forstner in his job continued
Jast month with a new ruling
from the District Court of Ap-
peal. This ruling was an order
granting a writ of supersedeas
which had the effect: of setting
aside the order of the Superior
Court that Forstner could stay
in his job pending an appeal.
No Hearing
The brief order did not state
any reasons for the Court's ac-
tion, but at a conference held at
the request of Forstner's attor-
ney, ACLU Staff Counsel Mar-
shall W. Krause, the justices
stated that the order was issued
not because they had decided
that Forstner should not remain
in his job pending an appeal, but
merely because they felt that the
order of the Superior Court
should have been obtained after
a formal motion rather than with-
out a formal motion.
On The Job
Meanwhile, Forstner remained
at his job at the San Francisco
Youth Guidance Center where he
has a case load of some ninety
juvenile offenders to supervise.
He has been back at work and
drawing salary since June 8,
1964. The City of San Francisco
argues that its notice of appeal
had the effect of preventing
Forstner from going back to his
job pending a decision on its
appeal. However, a special sta-
tute, Code of Civil Procedure Sec-
tion 1110b, gives the trial judge
power to make his decision effec-
tive immediately notwithstanding
an appeal.
Formal Hearing
`The next step in this involved
procedure will be taken on July
28 when Forstner again goes be-
fore Judge Karesh (this time on
a formal motion) to show that if
he is not returned to his job
pending an appeal he will suffer |
irreparable injury to his business
or profession. It would seem that
any professional person prevent-
ed from working suffers an in-
jury much greater than his actual
--loss of salary. He is not able to
work in his field and his skills
-get rusty, he loses contact with
his colleagues and is not able to
`keep up with the latest develop-
ments, and has no money coming
in until his appeal is finally de-
cided in his favor.
`Limited Tenure"
Pending a decision on the new
hearing, Forstner remains at his
job but in a "limited tenure"
capacity doing the same work at
the same salary. If Judge Karesh
again enters an order that the
appeal should not prevent Forst-
ner from going back to work, it
is expected that Forstner will be
retroactively returned to perma-
nent tenure status. Of course,
the City could then file its third
application for a writ of .super-
sedeas.
immediately closed the show, ar-
resting Stouffer and confiscating
his paintings.
No Fig Leaf
Only one of the paintings was
thought by the police to be "ob-
scene" but the others were evi-
dently seized as evidence. The
one which offended the police
showed a man and a woman ina
beach scene without clothes. The
man was standing in the fore-
ground of the picture a few feet
in front of the woman who was
lying down in the background.
The man was faithfully portrayed
without the benefit of a fig leaf
or other concealment of what
men look like without clothes on.
Protecting the Innocent
The most reporters and out-
raged citizens of Sausalito could
get out of the Police Department
was a statement from a sergeant
that "I wouldn't want my wife
and children to see them" (the
nudes). Fortunately, this is not
the standard allowed by the law
of California or the Constitution
of the United States, and, there-
fore, when Marin County District
Attorney Bruce Bales, heard
about the case he declined to
file a complaint against Stouffer
on the obscenity charge, and the |
Sausalito Police Department will
be saved from some embarrass-
ment.
ACLU Intervention
Artist Stouffer, who has had
shows of his works in Colorado
and Minneapolis, but has just
moved to California, had asked
ACLU Counsel, Marshall Krause,
to represent him in the trial. The
Sausalito police also charged
Stouffer with peddling without
a license which charge is still
pending but does not come with-
in the purview of the ACLU.
The recent trend of police ae-
tion in the field of art makes one
feel we are lucky perhaps that
Michaelangelo and other pre-
eminent artists have most of
their works on display in Eur-
rope, rather than subject to the
"judgment" of police officials in
the United States.
Marin Pot-Luck
Scheduled for
September 26
The famous annual pot luck
supper of the Marin Chapter
ACLU will be held Saturday,
September 26 at a new loea-
tion,-the grounds of Temple
Rodef Sholom, 170 N. San Pe-
dro Rd., San Rafael, which is
only a stone's throw from the
Marin Civic Center.
The program will concern
itself with Proposition 14, the
segregation amendment, and
the featured speakers will be
the Rt. Rev. James Pike of San
Francisco and Dr. Thomas N.
Burbridge, president of the
San Francisco branch of the
NAACP, who has recently
been very much in the news.
Complete details of the pro-
gram will be found in the Sep-
tember issue of the NEWS. In
the meantime, please reserve
the date of September 26 on
your calendar,
ACLU NEWS
AUGUST, 1964
Page 3
Results of 1964 Membershi
(March 15 - July 15)
NOTE: 1. Membership figures include family memberships. The totals, therefore, do not reflect the number of new
individual members.
2. Slight variations in figures given membership chairmen are accounted for by recent changes of address.
3. Cnly the names of chairmen and volunteers who undertook responsibility for the campaign within chapters
and specified areas are given. The volunteers who assisted them are too numerous to list. We are no less
grateful to them in helping to surpass the goal of 600 new memberships.
New Money
Chapter : Memberships Received
Berkeley/Albany/Kensington ....... 110 $ 830.00
Marin 5 se .. 26 212.00
Mid-Peninsula ................. 5. 10 629.00
Monterey . = 9). 6 oe ere 7 46.00
Mt Diablo =) 2. 2 eo 13 414.00*
Sacramento ......... Cee. Oe eZ 366.00
Santa Clara. 2. oe . 42 340.00
Santa Cruz... 023). Se eae 5 30.00
SfocktOn =... 28. ae, 7 56.00
Non-Chapter drive areas -
Miscellaneous
Buite County ........ ee 0 -0-
Fresn0.. 2 Soe 6 40.00
Hayward area ............ Soo ~. 720 186.00
Humboldt County ........... Ba oe 2 16.00
Modesto 2 ee a, "13 93.00
Napa area Si ee 92.00
Alameda/Oakland/Piedmont ....... .. 40 283.50
Redwood City/Belmont/San Carlos ... 5 46.00
Richmond/El Cerrito, etc. .......... 13 109.00
San Mateo County ........ ve ae 118.00
San Francisco ..... OS oe ee 8 898.25
Sonoma... 6. Ae: oie 79.00
Miscellaneous. ..2% 0 2 oe 6 ov 18 96.00
617 $4,979.75
*Includes a $300.00 contribution.
ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch ACLUN_1961 ACLUN_1961.MODS ACLUN_1961.batch ACLUN_1962 ACLUN_1962.MODS ACLUN_1962.batch ACLUN_1963 ACLUN_1963.MODS ACLUN_1963.batch ACLUN_1964 ACLUN_1964.MODS ACLUN_1964.batch ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Karl Issel; Arnold Levy; Charles Tyner; Gerald Gerrans; Sylvia Newport; Mrs. Robert McCann; Mrs. Theodore Blumberg
***Susan Richards; Jean Hedley; Jack Warnick; Mrs. Keith Barnhardt; Mrs. Harold Snyder; Mrs. Gladys Brown; Eliott
Jacobs; Ann Mudge; Mrs. Rodney Surryhne.
New Subscriptions Money
p Campaign
Membership Chairman
. to News Received
10 $ 20.00
0 0
8 16.00
0 0
1 2.00
1 2.00
0 0.
0 0
0 0
2 4.090
3 6.00
2 4.00
2 4.00
1 2.00
0 0
3 7.00
1 2.00
1 2.00
0 0
8 16.00
0 0
8 16.00
51 $103.00
Sally Muse
Leah Wesley -
Gregory K. Sims
Robert Jones
Jean Jonas
Mr. and Mrs. Roger Walters
Roger M. Simons
Marvin Naman
Marjorie Phillips
Mr. and Mrs. Frank Ficarra
Ken Garcia
Jim Crockett
-0-
Jane Jackson
Jane Eger
Arthur Braito; Paul Robbins
Charles Ewing
Martha McMullen
**Team of Seven
Oscar Geballe
ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch ACLUN_1961 ACLUN_1961.MODS ACLUN_1961.batch ACLUN_1962 ACLUN_1962.MODS ACLUN_1962.batch ACLUN_1963 ACLUN_1963.MODS ACLUN_1963.batch ACLUN_1964 ACLUN_1964.MODS ACLUN_1964.batch ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Team of Nine
Sydney Dodge;
Barton Stillman
Anonymous Election Literature
Calif.
lentification
Law Voided
igh Court
On June 26th the California Supreme Court decided the
ease of Canon vs. the Justice Court which involved the con-
stitutionality of Elections Code, Sec. 12047. This section
makes it a misdemeanor to distribute pamphlets about a
eandidate for public office which
eharacter or political action un-
less the pamphlets contain in a
conspicuous place the name and
address of the printer and either
the name and address of the
chairman and secretary of the
organization issuing the pam-
phlets or the name and address
of some voter of this state who
is responsible for them.
Narrow Ground
The court decided the case on
the very narrow ground that pre-
venting persons who are neither
voters or parts of an organization
interested in distributing the
pamphlet from distributing such
pamphlets, is an arbitrary classi-
fication resulting in discrimina-
tion and infringing the right of
free speech of those who cannot
qualify.
Broad Challenge Rejected
The court declined to accept .
the broad challenge to the con-
stitutionality of the statute of-
fered in a brief of the American
Civil Liberties Union of North-
ern California, appearing amicus
curiae. This brief was prepared
with the assistance of volunteer
attorneys, George Duke and Mich-
ael Ohleyer. It argued that the
U.S. Supreme Court case of Tal-
ley v. California established a
constitutional right to remain an-
onymous, at least where a state-
ment is neither libelous nor
fraudulent. Section 12047 was not
limited to libelous or fraudulent
statements.
The ACLU also noted that the
ACLU NEWS
AUGUST, 1964
Page 4
reflect upon his personal
recent Supreme Court decision
in the New York Times case de-
cided that debate on public issues
should be "uninhibited, robust
and Wide-open and that it may
well include vehement, caustic
and sometimes unpleasantly
sharp attacks on government and
public officials.' The ACLU ar-
gued that many persons would be
inhibited from making such at-
tacks even if they were truthful,
if they had to disclose their
identities. The brief stated: "An-
onymity may be imperative for
the white attorney in Mississippi
who wishes to speak out against
a racist candidate. It may be
equally imperative for a real es-
tate broker in California who
wishes to publish material ad-
verse to a candidate who favors
the fair housing repeal initiative.
Or for the doctor who wishes,
without losing his hospital privi-
leges, to criticize a candidate for
re-election who opposes medi-
care."
Legislative Action
The ACLU brief had also ar-
gued the discrimination aspect
on which the court. based its de-
cision. Justice Raymond E. Pet-
ers, writing for the court, sug-
gested that the statute's constitu-
tional defects can easily be cured
by legislative action, and so we
may expect that a new statute
will be proposed at the next leg-
islative session to fill the gap
left by the voiding of Sec. 12047.
In such an event, the ACLU can
renew its arguments concerning
the need to protect anonymity.
Compulsory Police
`Line-Up' Is Unlawful
The U.S. District Court in Phil-
adelphia on May 19 granted a
preliminary injunction to certain
persons held in custody on crim-
inal charges to enjoin their be-
ing brought into a "line-up" for
possible identification by vic-
tims of similar crimes. The suit
was brought under the Federal
Civil Rights Act on a claim of
infringement of constitutional
rights.
Police Requirements
In a "line-up," the court
noted, "The suspect is asked to
speak and to walk about on a
platform so that his voice and
bearing as well as his appear-
ance may be made known to the
complainants. He is required to
appear with other suspects, al-
though the police insist that this
is done in order to minimize the
risk of mistaken identification.
He is subjected to the glare of
bright lights which blind him
from seeing the complainants,
although they may see him.
Active Participant
"All this goes beyond mere
observation. It makes the pris-
oner not simply an object of
custodial care by the prison au-
thorities, but rather an active
participant in police investiga-
tion, a role which a free man is
hot required to assume. The
confinement of the unbailed de-
fendant while awaiting trial is
a necessary restraint on his lib-
erty, but it confers no authority
on the police te take him into
their dominion to investigate
other possible offenses. ...
Material Distinction
"The compulsory `line-up' of
the unbailed defendant ...
amounts to a material distinction
between those who enter bail
and those, equally presumed to
be innocent, who do not. It is,
moreover, unrelated to the pur-
pose for which an unbailed de-
fendant is eonfined, to insure
his appearance at trial. Nor may
a court disregard the practical
effects of its judgment and ig-
nore the common knowledge that
the system of bail, based as it
is on financial ability, is weight-
ed heavily against the poor. This
is especially true in the great
urban areas where populations
are highly mobile and family
roots do not reach deep. The
friend or relative who formerly
tendered the security of a free-
holder has been largely sup-
planted by the _ professional
bondsman. He must be paid a
premium in all cases, and he
often requires cash or similar
security before agreeing to guar-
antee the appearance at trial of
a defendant who is personally
unknown to him. The theoretical
equality of the right to bail when
all are not financially equal has
thus become in reality a deep
and wounding social inequality,
increasingly oppressive to the
poor and the vagrant. It brings
to mind Anatole France's ironic
epigram that the law in its ma-
jestic impartiality forbids the
rich and poor alike to sleep un-
der bridges.
Equal Protection Violated
"It is clear, therefore, that
Sie
Telephone
Removal Case
Heard by P.U.C.
ACLU attorneys last month
spent two days at a hearing be-
fore the California Public Utili-
ties Commission listening to testi-
mony by Los Angeles police offi-
cers concerning the nature of the
bookmaking problem in _ that
~ community. This testimony came
in the case of Edgar J. Sokol who
is attacking a decision of the
Public Utilities Commission that
a communication utility is im-
mune from damages when it re-
moves a telephone without notice
or opportunity to be heard.
Mistaken Impression
Sokol's telephones were thus
removed on the mistaken impres-
sion that he was using them to
aid an illegal purpose. This was
proved not to be true at a Pub-
lic Utilities Commission hearing
held in 1961. Now the Commis-
sion is considering whether it
should allow Mr. Sokol to pro-
ceed with his action for damages
which is pending in the Superior
Court.
Attorney General Intervenes
The testimony concerning book-
making came at the insistence of
the Attorney General of Califor-
nia who is participating in the
hearing as an "intervenor." The
Telephone Company and the At-
torney General take the position
that if telephones may not be
removed without notice and hear-
ing and without an immunity
from damages in the event the
Telephone Company is wrong, the
bookmaking profession will
flourish,
Irrelevant Testimony
Sokol's attorneys objected to
this testimony as irrelevant to
the issue of whether the Tele-
phone Company could be immu-
nized from damages without de-
priving Sokol of his property
without due process of law in
violation of the 14th Amendment.
The argument of the Telephone
Company and the Attorney Gen-
eral seems very much like that
of the Police Department that
they cannot effectively fight
crime unless they are allowed to
use illegally seized evidence in
court and are allowed to ques-
tion suspects at length without
interference from the suspect's
counsel. It may be more con-
venient for the Telephone Com-
pany to be immune from dam-
ages for destruction of property
without notice or hearing, but
constitutional rights are not te
be sacrificed on the altar of
expediency.
there is substantial merit in the
plaintiff's claim that their in-
voluntary `lineup' would con-
stitute an invidious discrimina-
tion depriving them of the equal
protection of the laws guaran-
teed by the fourteenth amend-
ment."
The first right of a citizen
Is the right
To be responsible. "i
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