vol. 30, no. 11

`

American

Civil Liberties

Union

. fective July,

Volume XXX. -

SAN- FRANCISCO, NOVEMBER, 1965

Academic Freedom at U.C.

Last month, Dr. Eli Katz was offered an appointment as

Assistant Professor of German by Chancellor Roger W.

Heyns of the University of California, thereby bringing to

a close the most flagrant violation of academic freedom at

the University of California since the crisis over the 1950

special loyalty oath. At this

writing, Dr. Katz has said he will

carefully consider the offer,

which is effective next July 1.

He is presently teaching at

Western Reserve University in

Cleveland.

Political Questions

Katz was originally appointed

an Acting Assistant Professor ef-

1963. Thereafter,

his Department recommended

his appointment as an Assistant

Professor. In January, 1964, then

Chancellor Edward W. Strong

twice interviewed Dr. Katz and

demanded that he answer cer-

tain political questions which he

had refused to answer when he

appeared under subpoena before

the House Committee on Un-

American Activities in 1958.

Policy and Law Satisfied

`Katz took the position that in

assuring the Chancellom that he

was not a Communist he had sat-

isfied the Regent's policy of not

employing Communists while in

taking the Levering oath in good

faith he had satisfied the re-

quirements of State law. To al-

low the Chancellor to require

further political disclosures

would establish a procedure not

sanctioned by law.

Committee Action

When the Chancellor by letter

to Katz refused to offer him an

appointment, Katz appealed to

the Academic Senate's Commit-

' tee on Privilege and Tenure. Fol-

lowing a hearing at which he

was represented by Ernest Besig,

ACLUNC executive director, the

Committee unanimously found

that Katz privileges and those

of the German Department had

been infringed by failure of the

Administration to abide by es-

tablished procedures. `"More-

over," said the Committee, "for

the Faculty to sanction investi-

gation and interrogation about

an oath, beyond the fact of its

due execution purportedly in

good faith, would be to sanction

abridgement of faculty privi-

lege." The Committee, on May

19, 1964, requested that the

German Department's recom-

mendation for Katz appointment

as Assistant Professor "be proc-

essed promptly in accordance

with regular procedures."

Academic Senate Resolutions

The Academic Senate strongly

supported the decision of its

Committee on Privilege and Ten-

ure in a series of five resolutions

introduced by Prof. Howard K.

Schachman of the Department of

Molecular Biology. It condemned

`the local and statewide Admin-

istration of the University for its

disregard of and contempt for

the Academic Senate and _ its

duly constituted Committee sys-

tem in the handling of the Katz

case," and its Committee on Aca-

demic Freedom was directed "to

retain an active watchdog func-

tion on this matter." Indeed, for

17 months the Academic Senate

and its committees gave close at-

tention to the case.

The ACLUNC board of direc-

tors authorized filing of a suit

in Katz' behalf if the University

Administration failed to offer

Katz an appointment.

Political Surveillance

A year ago, the ACLU pointed

out that the Katz case is only

one of a number of political

cases that have recently arisen

at the University of California.

"These cases,' said the declara-

tion, "raise again the question

whether there is political sur-

veillance at U.C., and, if so, who

is doing it."

Canaday Statement

Regent John E. Canaday, in a

statement issued on October 22,

1965, declared: "President Kerr

reported to the Regents in April

1964 that a responsible federal

agency had reported that Mr.

Katz is considered to be a Com-

munist." On the other hand, the

University Administration re-

fused to appear before the Com-

mittee on Privilege and Tenure

and Mr. Canaday's report con-

flicts with the statements made

by Katz to Chancellor Strong

and to the Committee. In any

ease, what business does "a

responsible federal agency" (Is

it the FBI?) have in submitting

political information to a State

agency? Bear in mind, too, that

such information is "confiden-

tial" and has not been disclosed

to Katz or his counsel. If Katz

can be subjected to this kind of

secret political attack, so can

any other member of the Uni-

versity community. The Aca-

demic Senate should take steps

to see that such practices are

ended.

Larry Speiser

Speaks at

Chapter Meets

Lawrence Speiser, former staff

counsel of the ACLUNC and now

director of the Washington, D.C.,

office of the ACLU, will appear

_in northern California on a

speaking trip from November

21 to 23. At this writing, ar-

rangements have been made for

Speiser to speak for the Marin

County Chapter Sunday after-

noon, November 21, and for the

Berkeley- Albany Chapter that

evening. The next evening, he is

scheduled to speak at the annual

meeting of the Santa Cruz Coun-

ty Chapter and he may speak

that afternoon in Palo Alto.

Tuesday evening he is sched-

uled to speak in Sacramento, He

may also appear that noon in

Stockton. For further informa-

tion about these meetings in

your area, please get in touch

with local chapter officials.

Number 11 -

e e@ `

Administration

Acts as Censor

At City College

San Francisco City College

students last month distributed

handbills on campus announcing

meetings of the Vietnam Day

Committee in defiance of a rul-

ing by Irving G. Breyer that "the

circular under discussion is a

type of propaganda which would

not be conducive to the best in-

terests of the College to have

distributed."

Breyer acknowledged that the

State Legislature at the last ses-

sion had amended Sec. 8454 of

the Education Code banning dis-

tribution of propaganda in any

public school by excluding Jun-

ior Colleges. Apparently, Mr.

Breyer believes San Francisco

City College is above the law

and that junior colleges in some

way now have discretion to say

what may or may not be cir-

culated. An exercise of such dis-

cretion would, of course, be

tantamount to powers of censor-

ship.

If any City College students

are disciplined for circulating

leaflets, the ACLU will inter-

vene in their behalf.

"Fair Hearing'

Requires

Confrontation

- The case of an Air Force of-

ficer in northern California who

was dismissed for alleged falsi-

fication of records has been re-

versed by the U. S. District Court

in Washington, D. C. It is the

well-publicized case of Leonard

A. Gamage, who was represented

by Roger Kent, Alfred I. Scan-

lan and John G. Sobieski.

The only question before the

court was what constitutes "a

fair and impartial hearing before

a board of inquiry." Gamage's

attorneys argued that a "fair

hearing" would "bar the use and

introduction in evidence of ex

parte written statements of ac-

cusing witnesses, for not being

produced to testify orally either

at the hearing or by deposition,

there is no opportunity, there-

`fore, to cross-examine."

U.S. District Judge Alexander

Holtzoff declared on September

30, 1965: "The court is of the

opinion it was an error that

went to the very roots of a fair

hearing to introduce ex parte

statements of witnesses which

constitute part of the evidence

against the plaintiff."

RABBI ALVIN 1. FINE, Vice-Chairman

New Officers Ghose

Van Dusen Kennedy, Professor of Industrial Relations in

the Department of Business Administration at the University

of California, has been elected Chairman of the ACLUNC

Board of Directors. He takes office on November 1. Prof.

Kennedy succeeds Howard Friedman who served as chair-

man for four years and who, un-

der the By-Laws, is not eligible

for re-election to the board for

another year.

Seventh Chairman

In its 31-year history, Prof.

Kennedy becomes the seventh

chairman of the ACLUNC board.

He has served on the board since

November 1, 1950, except when

he was in India, a country in

which he has a strong per-

sonal and proressional interest.

He has spent more than three

years there in the last twelve

years.

Joined U.C. in 1947

Prof. Kennedy received a

Ph.D. in Economics from Colum-

bia University in 1945. He joined

the U.C. faculty in 1947. He has

written books and articles on

trade unionism and collective

bargaining in the U.S. and India.

On the U.C. campus, Prof.

Kennedy has served as chairman

of the Committee on Privilege

and Tenure, and as faculty ad-

visor to the now defunct Student

Civil Liberties Union. He is

presently a member of the Com-

. mittee on Academic Freedom.

Helen Salz, Vice Chairman

Mrs. Helen Salz of San Fran-

cisco, who has served on the

board since its inception in 1934

and is a life-time member, has

been re-elected as one of the

board's two Vice Chairmen.

Rabbi Fine, Vice Chairman

The other Vice Chairman is

Rabbi Alvin I. Fine of San Fran-

cisco, who is now teaching at

San Francisco State College and -

San Francisco City College, He

succeeds the Rev. Harry B.

Scholefield, minister of San

Francisco's Unitarian Church,

who is also ineligible for re-

election to the board at this

time.

De Lancie, Sec'y-Treasurer

The board also elected a new

Secretary -Treasurer. He is Rich-

ard De lLancie, President of

United Research Services of

Burlingame. He succeeds John

M. Fowle of Los Altos Hills, who

is also ineligible for election to

the board at this time.

MRS, HELEN SALZ, Vice-Chairman

PROF. VAN DUSEN KENNEDY,

Public Trial (c)

Issues on

Military Bases

The Naval Supply Center re-

cently assured U. S. Commis-

sioner Harold W. Jewett, Jr.,

that they will allow the general

public to be admitted to the

base -to attend court. hearings.

The issue arose when one Paul

E. Smith complained to the

ACLU that he was refused ad-

mission to hearings. even though

he had not previously been

barred from the base by the

Navy.

The same tssue has arisen at

the Oakland Army Terminal.

U. S. Commissioner Cameron W.

Wolfe has informed the ACLU

"it is the policy of the Army to

admit all persons to the reserva-

tion who have business with the

Court as accused, counsel, press

or spectators provided they have -

not come to the reservation for

the avowed purpose of interfer-

ing with its operation."

If members of the general

`public wishing to attend court

hearings on Military bases are

refused admission they should

at once contact the ACLU. The

right to a public trial would be

denied if the Military could de-

cide which members of the pub-

lic may have access to United

States courts. If the Military

does not wish to relinquish its

right to exclude the public from

its reservations, then courtrooms

should be removed from such

bases.

RICHARD DELANCIE, Sec'y-Treas.

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, California 94105, EXbrook. 2-4692

Subscription Rates -- Two Dollars a Year

Twenty Cents Per Copy

"@eeso 151

Ralph B. Atkinson

Dr. Alfred Azevedo

Albert M. Bendich

. Leo Borregard

Rev. Richard Byfield

Prof. Robert Cole

Prof. John Edwards

Rev. Aron S. Gilmartin

Evelio Grilic

Mrs. Zora Cheever Gross

Albert Haas, Jr.

Howard H. Jewel

Ephraim Margolin

Honorary Treasurer:

Joseph S. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

John J. Eagan -

Joseph Eichler

Morse Erskine

Dre. H. H. Fisher _

Mrs. Margaret C. Hayes

Prof. Ernest Hilgard

Mrs. Paul Holmer

Mrs. Mary Hutchinson

Richard Johnston

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Prof. Van D. Kennedy

VICE-CHAIRMEN: Rabbi Alvin I. Fine

Helen Salz

SEC'Y-TREASURER: Richard DeLancie

EXECUTIVE DIRECTOR: Ernest

GENERAL COUNSEL: Wayne M. Collins

STAFF COUNSEL: Marshall W. Krause .

ADMINISTRATIVE ASSISTANT: Mrs. Pamela S. Ford

Committee of Sponsors

Besig

John 8. May

Pref. John Henry Merryman

Prof. Charles Muscatine

Rey. Robert J. O'Brien

Prof. Herbert Packer

Clarence. E. Rust

John Brisbin. Rutherford

Mrs. Alec Skolnick

Gregory S. Stout

Stephen Thiermann

Richard E. Tuttie

Donald Vial

Richard J. Werthimer

Roger Kent

Mrs. Ruth Kingman

Prof: Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Rey. 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

S.F. Psycho Ward

Denies Woman

Due Process

The ACLU intervened last

month in behalf of a woman who

was detained for ten days in the

San Francisco psychopathic ward

before being brought before a

magistrate. She had just arrived

from Albuquerque by air with

her two small sons. Police took

her into custody when she was

unable to cash a personal check

to pay cab fare, and her sons -

were taken to the Juvenile De-

tention hall. Upon arrival at the

hospital, the woman was ex-

amined by a physician and, over

the objections of the arresting

officers, released. Later that eve-

ning, as she was headed for a

restaurant, the same. officers

again took the woman into cus-

tody and placed her in the San

Francisco hospital. This time, a

72-hour "hold" was placed

against her. That was on October

5. Eight days later she was still

jn eustody without having been

brought before a magistrate.

Following a telephone call

from the ACLU, the hospital

filed a commitment petition

signed by a special representa-

`tive of the District Attorney's of-

fice, and, on October 15, ten days

after being taken into custody,

she was finally brought before

Superior Court Judge Joseph

Karesh. On October 18, Judge

Karesh released the woman to

her brother for return to Albu-

querque.

The ACLU called Judge Ka-

resh's attention to the lawless

procedure in the case and he has

indicated a desire to hold a joint

conference with the local direc-

tor of Mental Health and the

ACLU. Incidentally, Dr. Ben-

tinck of the Psycho Ward dis-

closed to the ACLU that the

ynail and telephone calls of per-

sons being held for observation

or awaiting action on commit-

ACLU NEWS

November, 1965

Page 2

_ chez Police Department),

Natchez, Miss.,

Police Object

To Handbills

The constitutionality of the

leaflet ordinance of the City of

Natchez, Mississippi, is being

challenged in a prosecution

against Louis Easton. Following

is a revealing affidavit filed in

the case of Louis Easton by J. T.

Robinson, Chief of Police.

"J, the undersigned, J. T.

Robinson, duly elected Chief of

`Police of the City of Natchez, be-

ing duly sworn, depose and say

the following under oath as fol-

lows, to-wit:

"That I am the duly elected

Chief of Police of the Municipal

Police Department of the City

of Natchez, Mississippi, and that

I have received numerous com-

plaints during the past year or

so from persons of all races,

creeds and colors concerning all

types of phamphlets (sic), leaf-

lets, letters, handbills, etc., dis-

tributed and circulated in and

around the City of Natchez, Mis-

sissippi (copies of many of

which are attached to the Affi-

davit of Detective Lieutenants

Bahin and Rickard of the Nat-

and

that all of such handbills, leaf-

lets, phamplets (sic), letters,

etc. have, collectively, contrib-

uted immeasurably to the prob-

lems confronting law enforce-

ment in and around the City of

Natchez, Mississippi, during the

past year or so, and many of

these items, including some for

which copies are not presently

available, have been openly dis-

respectful, degrading critical

and obnoxious of duly consti-

tuted government, law enforce--

ment in general and law enforce-

ment and governmental officers."

(Emphasis supplied.)

ment petitions is censored. Even

the confidential relationship of

attorney and client is violated.

The ACLU has suggested that

prior to an order of commitment

a person should have a reason-

able opportunity for uncensored

communications with counsel,

relatives and friends.

: Letters...

... to the Editor

Wide Disagreements

Editor: I regretfully find my-

self unable to continue my mem-

bership in the ACLU. While I

eontinue to find the existence of

such an organization valuable, I

cannot in conscience belong

when I disagree with as many of

the current tenets as I do.

It seems to me, for example,

that. the Dirksen Amendment is

a perfectly wise, proper, and,

if I may borrow the word, "con-

stitutional" approach to the ap-

portionment of state legisla-

tures.

I also share Professor Matson's

(ACLU News; Sept. 1965). con-

cern about the ACLU being an

appendage of the Civil Rights

Movement, which is a political,

rather than a _ constitutional

movement, I believe in gener-

ally. I think there has been in-

sufficient distinction between re-

moval of objective discrimina-

tion by government, which is a

constitutional problem, vs. at-

tempts to ensure integration in

private activities, which is a po-

litical problem. I believe Propo-

sition 14 to be bad public policy

and not only voted, but spoke

publicly against it. I seriously

doubt, however, whether it is in

violation of the U.S. Constitu-

tion.

The U.C. business is another

problem. I am for "free speech."

but have difficulty in interpret-

ing much of what I understand

about the events of the last year

as related to Free Speech. I see

no constitutional difficulty in the

principle of University control

over the circumstances of on-

campus advocacy by organized

groups of students. Likewise, I

am curious about the ACLU's

constant attempts to attack the

working out of the legal conse-

quences of the students' civil dis-

obedience. I think that the prin-

ciple that otherwise illegal ac-

tivity or behavior comes under

the protection of the 1st Amend-

ment if it is politically motivated

is disturbing, to say: the least.

When I joined, I thought the.

ACLU deserved the benefit of

the doubt. Now, it appears that

neither I nor the ACLU will

come closer together soon; while

I will continue to share some

common aims, it seems too point-

less to continue as a member in

view of the wide disagreements.

-wW. H. Geyer, West Sacramento.

Editor's Note: I would dis-

agree with Mr. Geyer's charge

that, in principle, the ACLU

supports. "otherwise illegal activ-.

ity or behavior" as coming under

the protection of the First

Amendment "if it is politically

motivated." On the contrary, the

ACLU believes in the rule of

law.

Foul-Language Dispute

Editer: I believe it a mistake

to have gone into the foul-lan-

guage dispute.

Your "back door" contention,

with reference to section 415 of

the Penal Code, seems extremely

weak to me. Also, although it is

possible that this section could

be a catch-all or dragnet for the

unwary, that does not apply in

the present instance.

The "serious premise" you

speak of, that people should not

be offended by taboo words,

seems to be double talk. If they

were not offended, the words:

would not be taboo. Therefore,

the premise is that no words or

ideas should be shocking or of-

fensive sufficiently to be legislat-

ed against. Telling people they

should not be shocked by any-

thing is telling them not to be

human beings, and it is telling

them to abandon all strong ideas

of morality. These strong ideas

on morality give rise to our'

"moral standards"; I think so-

Right of Petition

Many theusands ef marchers who were engaged in a

parade and a petition for redress of grievances against the

United States pelicy in Vietnam were stopped at the berders

of the City of Oakland by massed police acting under the

illegal because its organizers

theory that the parade was

were turned `down when they

applied for a parade permit.

The permit was denied by the

City Manager of Oakland on Oc-

tober 14, the day before the

march, which was nine days after

the application for the parade

permit had been received. The

next morning the Oakland City

Council te which an appeal had

been taken unanimously af-

firmed the denial of the march-

ing permit ror that evening.

City Manager's Position

In stating his reasons for the

denial of the permit, the City

Manager quoted a portion of

the Oakland Municipal Code

which reads: ". The City

Manager shall deny any applica-

tion if in his opinion the pro-.

posed parade may result in con-

flict, violence, or other disturb-

ance of the public peace, or in

serious traffic congestion." The

City Manager stated: "It is my

opinion that conflict. frem~ vio-

lence, or other disturbance of

the public peace and/or serious

traffic congestion. may result if

this permit is granted." The City

Manager's denial went on to

state: "The Oakland...Municipal

Code further requires `the City

Manager, or other official acting

thereon, shall consider . .

pertinent acts which may con-

cern the health, safety and gen-

eral welfare of the public... .'

Consideration of previous activi-

ties of the Vietnam Day Com-

mittee indicates that acts con-

trary to the `health, safety, and

general welfare of the public'

has (sic) occurred." Lastly, the

City Manager's denial made it

clear that no deviation in time

or route for the parade would

change his decision on the per-

mit.

Injunction Sought

On the same day as the City

Council's denial. of the appeal,

the Vietnam Day Committee

went into federal court with a

complaint and request that a

temporary restraining order is-

sue against the City of Oakland

and its police department. pre-

venting any interference with

their constitutional right to pa-

rade and petition their govern-

ment for redress of grievances.

The complaint noted that the

plaintiffs wished to engage in a

peaceful march to communicate

their opposition to certain acts

of their government in connec-

tion with the war in Vietnam

and that these activities had

been planned for many months

and that prominent speakers

from throughout the country

were scheduled to appear and

speak and that the activities

were unique because they were

ciety has a right to these stand-

ards and a right to enforce them.

Taboos may change, but slowly,

and anyone living in a society

must expect to abide by them or

get in trouble, and this is not

necessarily bad within limits.

There are plenty of serious

ills of society that need your

support, but this is not one of

them. I view your support of

this infantile stupidity as misdi-

rected legalism, and urge you to

spend your time, money, and en-

ergy. on more worth-while mat-

_ters.-Thomas Morley.

= all,

timed to coincide with similar

activities in other parts of the

country. An affidavit filed with

the complaint alleged that no

civil disobedience was planned

and that marchers in the parade .

would be adequately supervised

by monitors.

ACLU Intervenes

. When. the. case came before

Federal District Judge George

`Harris that afternoon ACLUNC

Staff Counsel- Marshal W.~-

Krause appeared amicus curiae

in support -of: the plaintiffs? con-.".

stitutional right to engage in

their planned activities in---a

peaceful manner. The ACLU, as

well as attorneys for the Viet-

nam Day Committee, pointed out

that the Oakland ordinances

were unconstitutional on their

face because the standards for

the denial of a parade permit

"

were vague, overbroad, and ar- 0x00B0

bitrary: and: unreasonable: Ac per-:-

mit could be denied if, ini the." ,

opinion of the City Manager. it

"may" result in conflict. The

operative fact for the granting

or denial of the permit is thus

-the- opinion-of the City. Manager _

and not an objective standard.*

It should be noted that the

te

permit was not denied for some.

specific reason' such as traffic

congestion but was denied on

all available grounds including

alleged concern for the "general

welfare of the public." It is clear

that the ordinance in question

allows decisions on whether or

not to permit parades to be

made on the basis of such arbi-

trary and broad factors as to in-

vite the exercise of political

prejudice by the officials ad-

ministering the ordinance.

"No Irreparable Injury"

Judge Harris never reached

the constitutional issue but after

all sides had been heard frem

simply" announced' that in' his 0x00B00x00B0"

opinion there was no irreparable

injury present to justify the is-

suance of a temporary restrain-

ing order without formal notice

and motion (although several at-

torneys from the City of Oak-

land were present and argued

the case) and therefore declined

to issue the temporary restrain-

ing order. It is true that irrepar-

able injury must be shown in

order to justify the issuance of

a temporary restraining order,

but it has always been the case

that the deprivation of constitu-

tional rights as serious as those

involved in this case is an ir-

reparable injury. It is true that

a march could be scheduled at

another time, but the most effec-

tive moment may have passed,

Reasonable Regulation

It is unfortunate that Judge

Harris did not rule on the con-

stitutionality of the Oakland

ordinances as the question will

surely come up again. In argu-

ing the case before Judge Harris

the ACLU made it clear that it

would make the same argument

for any group of any political

persuasion seeking a parade per-

mit in the City of Oakland. Pa-

rades may be regulated, but not

under such broad and arbitrary

ordinances as are in effect in

the City of Oakland.

Dirksen

than population:

Latest Version Of

Following is the text of the operative sections of the

latest version of the Amendment to the U. S. Constitution

(S. J. Res. 103), which would allow apportionment of one

house of a state legislature on the basis of factors other

Section 1. The legislature of each State shall be appor-

tioned by the people of that State at each general election

for Representatives to the Congress held next following

the year in which there is commenced each enumeration

provided for in section 2 of article 1. In the case of a

bicameral legislature, the members of one house shalt

be apportioned among the people on the basis of their

numbers and the members of the other house may be

apportioned among the people on the basis of population,

geography and political subdivisions in order to insure -

effective representation in the State's legislature of the

various groups and interests making up the electorate.

In the case of a unicameral legislature, the house may be

apportioned among the people on the basis of substantial

equality of population with such weight given to geog-

raphy and political subdivisions as will insure effective

representation in the State's legislature of the various

groups and interests making up the electorate.

Section 2. A plan of apportionment shall become effec-

tive only after it has been submitted to a vote of the

people of the State and approved by a majority of those

voting on that`issue at a statewide election held in accord-

ance with law and the provisions of this Constitution. If

submitted by a bicameral legislature the plan of appor-

tionment shall have been approved prior to such election

by both houses, one of which shall be apportioned on

the basis of substantial equality of population; if other-

wise submitted it shall have been found by the courts

prior to such electien to be consistent with the provisions

of this Constitution, including this Article. In addition

to any other plans of apportionment which may be sub-

mitted at such election, there shall be submitted to a

vote of the people an alternative plan of apportionment

based: solely on substantial equality of population. The

plan of apportionment approved by a majority of those

.voting `on that issue shall be promptly placed in effect.

nenament

Failure to Shave Loses Man

Unemployment Insurance

Another beard has entered into the civil liberties picture

with the denial of unemployment insurance to Peter E. Web-

ber of Paynes Creek, California, because he turned down a

job which would have required him to shave his neat beard.

In late August of this year Webber applied for a state posi-

tion as a forest fire crewman

with the Mineral Ranger Station

of the United States Department

of Agriculture's Forest Service.

He was offered the job on the

condition that he be. clean-

shaven since, according to the

Forest Service, "a beard is an

added hazard when working

close to a forest fire, as many of

us can, verify who have sustained

singed eyebrows and hair. Also,

it is more difficult to. maintain

cleanliness under field condi-

tions with limited opportunity to

wash, if one is unshaven."

What is "Good Cause'?

Although this statement by

the Forest Service may cause

eyebrows, singed and unsinged,

to be raised, the broad discretion

it has in hiring employees would

probably prevent a successful at-

tack on this policy. However, the

ease is different with the State

of California which has now de-

nied Mr. Webber unemployment

benefits on the ground that he

refused to accept a job which

was available to him. The State

may only deny such _ benefits

when an applicant refuses `"with-

out good cause" to accept suit-

able employment when offered

to him. The question of what is

"sood cause" has been previous-

ly litigated by the ACLUNC

when Marion Syrek, Jr., was de

nied benefits on the basis that

lhe refused to take a job which

required him to take the Lever-

ing Act Loyalty Oath. The State

Supreme Court in 1960 held that

Syrek's conscientious objection

to loyalty oaths was "good cause"

for his refusal ef the offered job

and that unemployment insur-

ance could not be denied to him.

Changing Personal Appearance

It would seem that Webber

has an equalJyv valid claim to re-

sist governmental pressures to

foree him to change his per-

sonal appearance by shaving his

beard. (There is no claim that

Webber grew the beard to avoid

taking this or similar jobs or

that he is not acting in good

faith in continuing to wear his

beard.) It is true that Webber's

beard may make it more diffi-

cult for him to find a job, but so

would outspoken and extreme

political opinions or religious

opinions, neither of which could

be made the basis for denying

unemployment benefits. '

Volunteer Attorneys

Two attorneys in the Northern

California area, Donald Webster

and Henry Saunders, have volun-

teered to help Webber on his ap-

peal from the denial of unem-

ployment benefits. Mr. Saunders

has promised to appear at the

hearing wearing his beard.

Revised Dirksen

Amendment :

Reaches Senate

The so-called Dirksen Amend-

ment to the Federal Constitution,

which would allow one house of

a bicameral legislature to be ap-

portioned on the basis of fac-

tors other than population, is

now before the U.S. Senate in a

revised form. Dirksen said he

would not call the measure up

for Senate debate until the sec-

ond session of the 89th Congress

in January. Last August 4, an-

other version of his amendment

failed of adoption in the Senate

by a margin of 7 votes.

"Blackmail"

The Senate Judiciary Commit-

tee had refused to clear the

present measure for full Senate |

debate by an 8 to 8 vote. Sen.

Dirksen then threatened to block

committee action on the pend-

ing Immigration Bill, repealing

the 41-year-old national origins

quota system, and thereby in-

duced Sen. Thomas Dodd (D-

Conn.) to change his vote to al-

low the measure to be reported

to the Senate, without recom-

mendation, by a 9 to 7 vote. Sen.

Joseph Tydings (D-Md.) charged

that Sen. Dirksen had "black-

mailed" the Judiciary Commit-

tee. "It was put on the line to

us," said he, "that if we didn't

vote on the `rotten borough'

amendment there would be no

immigration bill."

Unlike Sen. Dirksen's previous

measure, the present one re-

quires that one house of a bi-

cameral State legislature must

be apportioned on the basis of

population before his

ment may be ratified.

In the meantime, Rep. Emanuel

Celler..(D., N.Y.), Chairman of

the House Judiciary Committee,

announced. the suspension of his

own committee's hearings on

pending reapportionment amend-

ments. There will be no further

House action this year.

Branch Position

This branch of the ACLU

"opposes any attempt to amend

the Constitution of the United

States to permit legislative ap-

portionment in the states on

other than a population basis if:

"A. Such preposed amend-

ment, while permitting appor-

tionment on bases other than

population, expressly or implied-

ly permits discrimination among

. individuals aecording toe race,

color, creed, or any other im-

permissible basis, or if

"B. Such amendment does not

guarantee to the citizens of each

state adequate periodic oppor-

tunities to initiate and to adopt

by popular vote alternative plans

of legislative apportionment, or

if :

"C. Such amendment dees not

guarantee the right to judicial

review of both the procedure for

adoption and the content of any

plan of legislative apportionment

in any state."

The text of the revised Dirk-

sen Amendment appears else-

where in this issue of the NEWS.

Castro Valley Ends Released

School Time Program |

The Castro Valley Unified

School District on September

30 established the policy "not te

release children from attendance

at regular classes dming the

school day to participate im re-

ligious instruction."

The question was reconsidered

as a result of protests by parents

and the ACLU against the circu-

lation within the schools of sec-

tarian material in efforts by the

Evangelical Christian Church to

register pupils for its released

school time program, which is

permitted under California law

if a school district approves and

adopts appropriate regulations.

In this case, no regulations had

been adopted.

The sectarian material out-

- lined the beliefs of the particu-

lar church and solicited attend-

ance of parents at its meetings.

Under Section 8453 of the Cali-

fornia Education Code, "No pub-

lication of a partisan or denomi-

national character shall be dis-

_ tributed in public schools."

amend- .

Budget Appeal

It's budget time again and late last month the ACLUNC

office sent to mest of its supperters an appeal to re-enroll

NOW for another year and by their contributions finance

branch operations for the fiscal year beginning November

1, 1965.

Typically, the budget is larger

than last year's-this time by

~ $8,260.74. In all, the budget calls

for the expenditure of $89,336.30.

Most of the increase is accounted

for by salary increases, addi-

tional help and the generally, in-

creased cost of Going business.

Average Contribution

Fortunately, there are more

members to call upon to share

the costs of the work. This year

we have grown to over 6,700 sup-

porters. In order to meet the

budget, we must receive an aver-

age contribution of more than

$13, which is about the same as

in recent years. Of course, we

must also receive many larger

gifts to balance the smaller con-

tributions.

Re-Enroll Now

For quite a few years now the

ACLU has been trying to get its

members to make their contribu-,

tions at. the beginning of the

fiscal year. Last year, 2600 per-

sons responded to the budget

appeal in November. Every year

7 Injunction

Sought in Bus

Advertising Case

Last month's ACLU News. ear-

ried a story concerning the re-

fusal of the Alameda - Contra

Costa Transit District to accept

paid advertisements from the

East Bay Chapters of the Women

for Peace. After the interven-

tion of ACLU Staff Counsel

Marshall Krause the matter

came before the Transit Dis-

trict's Board of Governors on-

October 6, 1965. At that meet-

ing, and with no discussion of

the matter, the Transit District's

Board of Directors adopted a

new policy on paid advertising

which limited-the kinds of ad-

vertising which may appear on

its buses to (1) advertisements

meant to encourage the sales of

commercial products and (2)

political advertisements concern-

ing issues or candidates then on

the ballot during the period of

.an election being held within

the District.

Under this policy not onl

could not the Women for Peace

advertise their messages, but no

political topic (as for instance

Medicare, reapportionment)

could be discussed in the adver-

_tising space provided by this

public utility unless it happened

tz be one of the few issues which

was on an election ballot. Fur-

thermore, advertisements en-

couraging attendance at religious

or educational activities could

not be placed on the District's

buses. The ACLU takes the po-

sition that the Transit District's

policy is a violation of. First

Amendment freedom of expres-

sion and that the limitation of

political advertisements to cer-

tain kinds of issues is so arbi-

trary as to be an improper clas-

sification under the Equal Pro-

tection Clause of the Fourteenth

Amendment.

It is expected that befcre the

end of October an injunction ac-

tion will be filed in Alameda

County Superior Court seeking

an immediate order allowing

Women for Peace to place their

advertisements on Transit Dis-

trict buses. The suit is being

prepared by volunteer attorney

Joseph Grodin.

poses.

the November response becomes

larger. We hope that at least

75% of the ACLU's membership

will re-enroll during the. first

three months of the present

fiscal year. :

Whether or not your member-

ship expires in November, the

ACLU once again urges you to

to make your PRESENT and

FUTURE contributions in No-

vember-at the beginning of the

fiscal year. In so doing, you help

the ACLU not only to plan its

spending but to concentrate its

fund-raising activities, thereby

reducing costs and keeping in-

terference with our main job of

defending civil liberties at a min-

imum.

No Angels

Please remember that every

penny used by the ACLU of

Northern California in meeting

its operating costs is raised by

this branch from its local mem-

bers and friends. We are not

members of the United Crusade,

nor do we receive large dona-

tions from foundations and an-

gels.

Also, bear in mind that con-

tributions you make to the

ACLUNC are deductible for Fed- |

eral and State income tax. pur-

- The Budget

There is the way your money :

willbe spent:

Salaries = = $58,695.00

Retirement Bees 741.30

`Pension Fund ....... 50000

ACLU NEWS ..... Leeuseeee 9,600.00

Hospitalization _........ 625.60

Printing and Statienery.. 5,370.00

Taxes and Insurance ...... 2,810.00

Travel and Trans. ............ 1,150.00

Rent' 8. "65.00

Pestage __......................... 5,560.00

Tel.- Tel. _...0.0000000000.. 1,960.00

Furn. and Equipment ...... 700.06

Publications _................ 460.00

Miscellaneous ___............. 206.00

Audit. and Reports _....... $86.60

Education Committee... 500.00

Hotal $89,336.30

Oakland Refuses

Amplifier for

Outdoor Meeting

A Vietnam Day Committee

group at Oakland City College

which sought a permit last month

to use an amplifier at an out-

decor meeting was turned down

by Chief Toothman last month

and appealed to the `ACLU for

assistance. The ACLU advised

the group to proceed with its

meeting but to make sure that

the amplifier was regulated to

reach the far edges of the audi-

ence and not to invade the pri-

vacy of nearby homes.

LCDC Fund-Raising

Editer: It would seem that

fund. raising for the LCDC by

the ACLUNC should only be

done by a mass mailing of liter-

ature prepared by the LCDC. Go-

ing further afield than that

would be exceeding the mandate

the ACLUNC has obtained from

its supporters.-Arthur K, Dun-

lap, Berkeley.

ACLU NEWS

November, 1965

Page 3

Appellate Court Action

All three of the appellate court briefs filed by the

ACLUNC during October were prepared with the substan-

tial assistance of volunteer attorneys to ACLUNC Staff

Counsel Marshall W. Krause. Professor Robert M. O'Neil

of the University of California Law School was the volun-

teer attorney in the friend of

the court brief filed by the

ACLUNC and the National of-

fice of the ACLU with the Su-

preme Court of California in

support of a trial court decision

holding that Proposition 15 out-

lawing pay T-V in California

is unconstitutional. The brief

was filed in the case of Sylvester

"Pat" Weaver v. Frank M. Jor-

dan, Secretary of State, and takes

the position that the prohibition

`of subscription television `is in

conflict with the guarantee of

freedom of expression which is

at the core of the Bill of Rights."

Narrowing Communication

`The brief points out that in

addition to combatting attempts

to narrow what can be communi-

cated on the basis of its content,

civil liberties organizations must

be concerned with a narrowing

of the permissible methods of

communication as this could be

equally destructive for the values

which flow from0x2122freedom of ex-

pression. The brief continues:

"Merely because

television is a commercial ven-

ture does not remove i: from

the constitutional protections ac-

corded to free expression. These

constitutional guarantees are ap-

plicable to the methods of effec-

tive mass communication which

in our country operate because

of the stimulation provided by a

commercial motive. Much of the

information and debate from

which the general public forms

its ideas about questions of pub-

lic policy comes from the com-

mercial media of mass communi-

cations, and thus it is of great

significance that these~ mass

media be diverse enough to pre-

sent many points of view and at-

tract many different kinds of

audiences. Protection of this di-

versity is just as much of value

to free expression as protection

of the content of expression."

The brief also takes the position

that the classification under

which pay T-V is outlawed and

commercial T-V is not is so un-

reasonable as to be a violation of

equal protection of the laws.

Genet Film

The second brief concerns the

right to freedom from censor-

ship of Genet's film "Un Chant

d'Amour." The Berkeley police

department threatened to arrest

_ anyone who showed this film

and Sol Landau brought suit in

Alameda County Superior Court

to obtain a judgment that no ar-

rests could be made because the

film is not obscene. The trial

court ruled against Landau and

now the ACLU with the help of

volunteer attorney Neil F. Hor-

ton has filed its brief in the Dis-

trict Court of Appeal attacking

this decision.

The brief points out that the

First Amendment protects films

which have literary or artistic

value from censorship on any

ground including alleged obscen-

ity. There was abundant evi-

dence in the trial.court by recog-

nized critics and artists that the

Genet film did have great liter-

ary and artistic value and there

was absolutely no testimony to

the contrary. The brief summar-

izes the work of Genet and com-

ments on the critical acclaim

which his writings and other en-

deavors have received. After re-

ferring to the movement known

ACLU NEWS

November, 1965

Page 4

subscription |

"inquiries

as the Theatre of the Absurd the

brief states: "The writers of this

brief are lawyers, not artists,

philosophers or men of letters.

As lawyers, though, we are espe-

cially aware of the long and sad

history of the repression of ar-

tistic expression. We suggest to

the Court that the First Amend-

ment protects all works of art.

When any work of art falls un-

der the heavy hand-of a censor,

all society suffers. When such a

genius as Genet is censored, the

repression itself becomes a mani-

festation of the absurd." The

brief also points out that the

film, which is set in a prison,

contributes to our knowledge of

the way men behave in prison

and in any event does not have

a predominant appeal to prurient

interest.

Right of Association

The third brief was filed with

the assistance of Volunteer at-

torney James McCall and is con-

cerned with the lawsuit of Dr.

Gerald Rosenfield against the

Alameda County Public Health

Officer who fired Rosenfield be-

cause of the latter's membership

in a civil rights group. The trial

court ruled against Dr. Rosen-

field on the basis that since he

had no civil service status he

could not complain of his dis-

missal no matter what the rea-

son. The ACLU takes the posi-

tion on appeal that no state of-

ficer may inhibit the right of

association by making non-mem-

bership in a certain group a con-

dition of even temporary em-

ployment. The brief points out

that recent decisions of the Su-

preme Court of the United States

and the California Supreme

Court make it clear that the

government is without power to

condition any benefit or privi-

lege which it offers on the giv-

ing up of a constitutional right,

and especially the giving up of

such a significant right as the

First Ameu:dment right to asso-

ciate with one's fellows.

A few extra copies of the

foregoing briefs are available at

the ACLU office on a first-come,

first-served basis.

ACLU Opposes

HUAC Prebe

Of Ku Kiux Klan

The American Civil Liberties

Union scored last month the

House un-American Activities

Committee's investigation of the

Ku Klux Klan, asserting that the

first. public hearings re-inforce

the civil liberties view that "such

invade First Amend-

ment freedoms of speech and

association."

The ACLU noted that the

HUAC's questioning of Robert

M. Shelton, Jr., Imperial Wizard

of the United Klan of America,

Inc., Knights of the Ku Klux

Klan, had focused on production

of the organization's records, and

that the testimony of a HUAC

staff investigator provided little

information that had not already

been published. This indicates

that the inquiry's "chief purpose

is to `expose for exposure's sake'

what is already known about

the Klan's activity,' the ACLU

said, adding that public hearings

"appear to be resulting in noth-

ing less than `trial by public-

ity,' "

What Are Your

Views on Chapter

Representation?

During the past month or

more the ACLU board has been

debating a proposal to increase

its membership from 30 to 39

members in order to give direct

representation to the nine chap-

ters which are established in

areas having about 50 percent of

the branch's membership. Re-

cently, a special committee made

the following recommendation to

the board:

"That the. committee recom-

mend to the Board of Directors

of ACLUNC that the board mem-

bership be expanded to include

one regular Board member from

each authorized chapter; that

this member be elected by the

membership of the chapter, to

serve a full three-year term;

that such ACLUNC board mem-

ber be an ex-officio member of

the Chapter board but that he

hold no other chapter office con-

currently. It further recommends

that this change be for a three-

year period, and that the policy

be reviewed at the end of three

years, the ACLUNC Board then

to determine whether to con-

tinue or discontinue this policy."

The recommendation has now

been referred to a By-Laws Com-

mittee which is not bound by the

specific recommendations but is

free to carry out the general

purpose of the recommendation.

The purpose of this article is to

acquaint the me:nbership with

what is happening and to invite

it. to express its views.

The proposal has resulted

from the familiar ery to democ-

ratize the ACLU. At present,

the board is selected by a Nom-

inating Committee made up of ~

two board and three non-board

members which seeks qualified

candidates. Its recommendations

have unfailingly been accepted

by the board. In recent years,

in response to demands for rep-

resentation from chapters, chap-

ter boards were drawn upon for

nominees. At the present time,

nine of the 30 board members

have served or are serving on

chapter boards. The branch

board now has on its roster per-

sons who are also serving on

the Berkeley-Albany, Marin, Mt.

Diablo and Monterey chapter

boards,

Under the branch board's es-

tablished procedures, a chapter

may be established in an area

with the promised active support

of 15 percent of the member-

ship or 20, whichever is larger.

In most cases, little more than

the minimum requirement was

met when the chapters were es-

tablished. Quorums for meetings

are only 10 percent of the mem-

bership or 20, whichever is

larger. Consequently, Santa Cruz,

Monterey and Stockton. require

an attendance of 20 persons at

their election meetings, while

the quorums in the remaining

areas are as follows: Mt. Diablo,

23; Santa Clara Valley, 25; Sac-

ramento Valley, 41; Marin Coun-

ty, 48; Mid-Peninsula, 57, and

Berkeley-Albany, 130.

Communication with the

branch board has heretofore

been achieved in the following

manner besides election of mem-

bers to the branch board:

1.. Each chapter may send a

representative to branch board

meetings where he has a voice

but not a vote. The distant chap-

ters rarely send representatives.

2, Each chapter may send a

representative to all of the stand-

ing committees except the two

Nominating committees. Here

each representative has a voice

and a vote.

3. Regular

ences,

4, A staff officer who performs

liaison activities with the chap-

ters.

chapter confer-

ters to the branch board.

6. Chapter officials call the

branch office or write; they also

have conferences with members

of the staff.

5. Direct submission of mat-

Another Sign of the Times

Peace

orker Punished ;

For His Opinions

San Francisco Municipal Court Judge Fitz-Gerald Ames

took the occasion provided by the presence of a peace work-

er before his court to vent his wrath against those who

oppose the United States' involvement in the Vietnamese

war. The incident began with the arrest on the evening of

September 1 of Dean Plagowski

for a violation of San Francisco's

anti-littering ordinance because,

- aS alleged by the police, some of

the leaflets he was placing in

doorways were caught up by the

wind and blown upon the street.

Littering Accidental

When Plagowski appeared in

court on the charge on Septem-

ber 3 he had already served two

days in jail because he could not

make bail. He was represented

by the Public Defender and

pleaded not guilty, waived jury

trial, and agreed to submit the

ease on the report made on the

incident by the police depart-

ment. The Public Defender

argued that there was no viola-

tion of the anti-littering ordi-

nance since the police report

showed that the littering was ac-

cidental and not purposeful as

appeared to be required by the

ordinance.

Opinions Influence Judge (c)

Judge: Ames read the police

report and learned that the leaf-

lets involved urged the United

States to pull its soldiers out of

Vietnam. He responded to the

Public Defender's argument by

stating, `""Maybe they should have

cited `him under the Federal

Smith Act (punishing conspiracy

to advocate violent overthrow of

`the government). That's close to

treason." The Judge then turned

to Deputy District Attorney Ar-

thur Schaffer and stated: "Have

you considered, Mr. `Schaffer,

charging him under a more seri-

ous violation? (Mr. Schaffer) I

have not, your Honor. (The

Court) If I find him guilty, of

course, he is once in jeopardy.

(Meaning, it seems, that if Pla-

gowski was guilty of littering he

could not be charged with trea-

son!) I will find him guilty and

sentence him to 30 days in the

county jail. (The defendant)

Your Honor, what am I guilty

of? I didn't litter. I placed the

literature in the doorways. I'm

not trying to justify my actions

by the actions of a shopping

newspaper, but they were placed

in the same manner as any shop-

ping newspaper was placed. (The

Court) You have no brains or

intelligence. Do you think you

know more than the President

of the United States anc all of

his advisors? (The defendant) If

my ideals are on trial I will be

glad to argue my philosophy-

(The Court) All right, 30 days.

(The defendant) I will appeal

this. I will take this up with the

American Civil Liberties people."

Grounds for ACLU Appeal

Before Plagowski could call

the American Civil Liberties Un-

ion, the Public Defender who

handled the case called the Un-

ion and Staff Counsel Marshall

and

The first right of a citizen

Is the right

To be responsible

AMERICAN CIVIL

W. Krause visited Plagowski and

then filed a notice of appeal on

his behalf. An appeal will be

taken to the Appellate Depart-

ment of the Superior Court on

the following grounds:

1. Judge Ames' outrageous

charges showed that he was so

politically biased against the de-

fendant's ideas that he could not

fairly cetermine whether the de-

fendant had violated the anti-

littering ordinance. 2. Judge

Ames allowed absolutely no op-

portunity for defense testimony,

finding the defendant guilty as

soon as he had read the police

report and before he gave the

defendant the opportunity to

testify himself or to present wit-

nesses. 3. There was no arraign-

ment for sentence, Judge Ames

passing' sentence as: soon. as` he

made a finding.of guilt in direct

conflict with the mandatory pro-

visions of the Penal Code. re-

quiring that the defendant be in-

formed..of the. charge. against

him and asked whether he has

any legal cause to show why

judgment should not be pfro-

nounced. 4. Judge Ames' savage

sentence of 30 days was pro-

nounced. without the "cooling

off' period provided by law and

in any event was. so. out of line

as to reflect his. political bias

rather than a. calm _ judicial

temperament.

Appeal Filed in _

High School Bus

Driver Case

- Bus driver Olen Hollon was

fired by the Shasta Union High

School District because his re- -

ligious views were so extreme

that the District felt he was

mentally unbalanced. As was

more fully reported in the Sep-

tember ACLU News, all the

psychiatric testimony at the Su-

perior Court trial protesting the

firing indicated that Hollon was

not mentally ill nor did he have

any dangerous proclivities. Nev-

ertheless the Superior Court

judge refused to order. the

`Board of: Trustees to reinstate

Hollon. . Ee

Now the ACLU of Northern

California has decided to appeal

the decision to the District Court

of Appeal in order to protect re-.

ligious freedom even `when a

particular religious point of view -

is extreme or bizarre. Hollon's

point of view certainly qualifies:

under this description, but it has

never involved him in any illegal

or dangerous conduct and should

not have been a consideration in

the Board of Trustee's decision

to fire him.

JOIN TODAY

eo 151

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