vol. 30, no. 10

American

Civil Liberties -

Union

Volume XXX

EVELIO GRILLO

SAN FRANCISCO, 0

i

EMILY SPOLNICK

Many Leadership Changes

Elect I

ranch

oar

The 30-member ACLUNC Board of Directors underwent

the greatest change in its history last month with the elec-

tion of nine new board members, including two who have

seen previous board service. Chapter boards were drawn

upon for three members while a fourth person had resigned

from a chapter board in the

spring semester when he went

elsewhere to teach, The four are

in addition to five present mem-

bers who now serve or previ-

ously served on chapter boards.

How Vacancies Arose

The nine vacancies arose from

the ineligibility to re-election of

three of the branch's officers,

Chairman Howard A. Friedman

of Hillsborough, Vice-Chairman

Harry B. Scholefield of San

Francisco, and Secretary - Treas-

urer John M. Fowle of Los Altos

Hills, as well as, the Rev. F. Dan-

ford Lion of Palo Alto, and at-

torney Mrs, Martin Steiner of

San Francisco. Two other vacan-

cies resulted from the death of

Prof. Alexander Meiklejohn and

Prof. James R, Caldwell. The

remaining two vacancies were

created by the resignation of

Prof. Arthur Bierman who re-'

signed when he went to Europe

. on sabbatical leave and the un-

availability of Prof. Seaton W.

Manning who is unable to attend

board meetings. because of a

teaching conflict.

Four Re-Elected

Besides the nine new mem-

bers, four members were re-

elected to the board. Howard H.

Jewel, Oakland attorney, who

had been filling an unexpired

term during the past year, was

elected to a three-year term. Rab-

- bi Alvin I. Fine, former board

chairman, Mrs. Zora Cheever

Gross, who has been particularly

active in the branch's member-

ship work, and attorney Richard

Werthimer of San Francisco, a

member of the Marin County

board, were all re-elected to

three-year terms.

Three Short Terms

Three of the nine vacancies

were for unexpired terms.. Two

of the unexpired terms run for

two years, while one is for one

year. After filling these short.

terms, the individuals are eli-

gible for election to two succes-

sive three-year terms.

For the two year. terms, the

board elected The Rev. Aron S.

Gilmartin and Prof. Robert Cole,

while Prof. Van. Dusen Kennedy

was elected to the one-year term.

Aron Gilmartin

The Rev. Aron S. Gilmartin

has been minister of the Mt. Di-

ablo Unitarian Church in Walnut

Creek since January 1, 1960. He

is a member of the Mt. Diablo

Chapter board, formerly chair-

man of the Washington State

ACLU and formerly secretary of

the Iowa Civil Liberties Union.

Mr. Gilmartin is a graduate of

Harvard College and Meadville

Theological School. Besides serv-

ing as Unitarian minister in vari-

- ous communities he has been a

social worker, the executive di-

rector of the Workers Defense

League and director of the West

Coast Encampment for Citizen-

ship. During the past summer he

was director of the English

Workshop, Bir Zeit College, Bir

Zeit, Jordan. His present activi-

ties include the vice-presidency

of the Contra Costa County Men-

tal Health Association, member-

ship on the Advisory Council,

Diablo Valley Peace Center and

membership on the Advisory

-Continued on Page 3

THE REV. ROBERT: J. O'BRIEN

CTOBER, 1965

Number 10

EPHRAIM MARGOLIN

Prop. 14 Cases

Scheduled

For Argument

The Supreme Court of Cali-

fornia has anounced that it will

hear oral argument on the seven

cases challenging the validity of

Section 26 of Article 1 of the

Constitution of California adopt-

ed after the voters passed Pro-

position 14 at the last election.

The section purports to nullify

existing laws prohibiting dis-

crimination in certain types of

housing accommodation and

further purports to prevent any

new laws from being enacted by

California or its governmental

_ Subdivisions.

The date of the arguments will

be October 25 and they will take

place at the chambers of the

Supreme Court in Los Angeles.

It is quite possible that a final

decision in California on the

validity of the constitutional

amendment will be announced

before the end of the year. How-

ever, it is also probable that the

losing side will take an appeal

to the United States Supreme

Court:

William and Rita Mack

Last month the American Civil Liberties Union of North-

ern California launched a new challenge to the Levering Act

Loyalty Oath which has been required of every person who

accepts employment from the state or local government in

California since 1950. The oath states that the person signing

it does not belong to any organ-

ization which advocates the vio-

- lent overthrow of the govern-.

ment and requires disclosure of

membership in any such organ-

ization within five years immedi-

ately preceding. the taking of the

oath. It also requires a pledge not

~ to become a member of any or-

ganization which advocates the

violent overthrow of the govern-

ment during the signer's govern-

ment employment. The ACLU

opposed this oath when it was

adopted by constitutional amend-

ment in 1950, and supported the

unsuccessful legal challenge to

the validity of the oath in the

State Supreme Court. The oath's

validity has never been passed

upon by the United States Su-

preme Court which has declined

to take jurisdiction on several

occasions.

which the ACLUNC has

Chapter

Director

Wanted

The ACLU has an opening

for a Chapter Director,-a per-

son who serves mainly as the

branch liaison with its eight

chapters arid who provides staff

services for the Chapter Commit-

tee. The job requires some trav-

`elling and attendance at evening

meetings besides organizing and

promotion of meetings. There are

other duties.

This is a half-time job. The

`salary is $3750 per year, plus

fringe benefits. Interested persons

should apply in writing to Er-

nest Besig, executive director,

503 Market St., San Francisco,

Calif. 94105. Personal interviews

will then be arranged with quali-

fied persons.

Seciaria

n Activity in

Castro Valley Schools

The ACLUNC protested last month to the Castro Valley

School District against circulation of sectarian material in

the public schools. The material in question was in the nature

of registration forms for pupils for released school time for

religious instruction, but the reverse side carried a statement

of faith of the Evangelical Chris-

tian Church. One of the seven

items, for example, declared:

"We believe that because of the

exceeding sinfulness of human

nature, redemption by the Holy

Spirit is aboslutely essential for

the salvation of the lost and sin-

ful man."

Proselyting

In an accompanying form let-

ter, dated September 20, 1965,

and signed by Mrs. Edith Tucker,

Director, parents were informed

that "Anyone who is in accord-

ance with our statement of faith

and has received the Lord Jesus

Christ as Personal Saviour is

welcome to belong to the group.

Please indicate on the top of both

enrollment cards if you would

like to be notified of our meet-

ings."

Pursuant to California law the

board of education has appar-

ently authorized a program of re-

leased school time for religious

instruction but has never adopted

"regulations governing attend-

ance of pupils at such exercises

or instruction and the reporting

thereof," as required by Section

~ 8201b of the Education Code.

Under Section 8453 of the Edu-

cation Code, however, "No pub-

lication of a sectarian, partisan

or denominational character

shall be. distributed'? in public

schools, and any school which

knowingly allows the distribution

of such materials shall suffer the

loss of State funds.

The reason advanced by Dr.

Marvin Smith, superintendent of

schools, for the circulation of the

particular sectarian material is

that it permitted identification

by the parents of the group of-

fering the released school time

program. The ACLU declared,

however, that under the law "the

motive for distribution of sec-

tarian materials in the public

schools is irrelevant; all such dis-

tribution is banned."

Action Requested

The school board was re-

quested to admonish its princi-

pals against the circulation of

sectarian materials in their

schools. and also to adopt regis-.

tration procedures if it decides

to continue to allow released

school time for religious instruc-

tion. :

The new attack comes in the

case of William and Rita Mack

v. The State Board of Education,

been

handling for several years. The

Macks were members of the

Communist Party but resigned

and then completed their educa-

tion and became teachers, When

they signed the Levering Act

Oath they indicated that they

had not been members of an or-

ganization advocating violent

overthrow of the government.

The State Board of Education

charges that they committed per-

jury in that they had been mem-

bers of the Communist Party and

should have disclosed this fact.

The Macks take the position that

to their knowledge the Commu-

nist Party did. not advocate the

violent overthrow of the govern-

ment and therefore they did not

commit perjury. The Levering

Act Oath does not mention the

Communist Party nor any other

organization by name.

Dilemma Exists

This factual situation illus-

trates the dilemma caused by the

Levering Act Oath in failing to

be specific concerning what type-

of disclosures are required, The

person taking the oath, if he

wished to be prudent, would

have to disclose membership in

every organization which some

one else might believe had advo-

cated overthrow of the govern-_

ment so that he would not face

some future charge of. perjury

for not disclosing such member-

ship. This in turn makes persons

hesitant about joining controver-

sial organizations for fear that

the organization will be accused

of having advocated the over-

throw of the government. Thus

the Levering Act Oath is a deter-

rent to the exercise of rights of

free speech and _ association

which should be unlimited in a

free society.

Unconstitutionally Vague

The Mack suit also charges

that the Levering Act. Oath is

unconstitutionally vague and

thus is a trap for the unwary be-

cause it does not distinguish be-

tween advocacy of the theory of

violent overthrow of the govern-

ment as an abstract doctrine

(which is protected by the First

Amendment) and the advocacy

of immediate action to violently

overthrow the government which

could, under some circumstances,

be classified as conduct punish-

able as a crime, The oath is

vague in another respect because

it does not state during what

period the organizational advo-

cacy must have taken place, but

rather extends into the distant :

past of the organization. Thus if

someone joined an organization

in. 1964 which organization had

in 1919 advocated the overthrow

of the government but had not do

done so since that date, the orga-

nizational affiliation would have

to be disclosed under penalty of

perjury. It is doubtful that per-

sons joining organizations do a

thorough investigation on what

stands that. organization has

taken in the past nor should they

be required to perform such an

investigation. Lastly,. the suit

charges that the oath -circum-:

scribes future conduct under un-

constitutionally vague standards,

namely, as to what will be "un-

-Continued on Page 4

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union. of Northern California

Second Class Mail priviteges 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

Ralph B. Atkinson

Dr. Alfred Azevedo

Lee Borregard

Rev. Richard Byfield

Richard: DeLancie

Rabbi- Alvin 1. Fine

Mrs. Zora Cheever Gross

Atbeert Haas, Jr.

Howard H. Jewel

Rev. F. Danford Lion

Prof. Seaton W. Manning

John R. May

Honorary Treasurer:

Joseph S$. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

John J, Eagan

Joseph. Eichler

Morse Erskine

De. 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; Howard A. Friedman

VICE-CHAIRMEN: Helen Salz. :

Rey. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

Prof. John Henry Merryman

Prof. Charles Muscatine

_ Pref. Herbert Packer

eurolarence E. Rust.

Join Brisbin Rutherford

Mrs. Martin Steiner

Gregery S.. Stout

Stephen Thiermann

Richard E. Tuttle

Donald Vial

Richard J. Werthimer

GENERAL. COUNSEL

Wayne M. Collins

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucei

Norman Lezin.

Rev. Robert W. Moon

Dr, Marvin J. Naman

Prof Hubert Phillips

Prof. Wilson Record

Dr, Norman Reider

Pref. Wallace Stegner

Mrs. Theodosia Stewart

Rt. Rey. Sumner Walters

Policing Police Is Job For

Legislature, Says Packer

The Supreme Court's landmark decisions on criminal

procedure are "moves of desperation" triggered by the

failure of lawmakers to establish effective civilian control

over police work, a Stanferd criminal law expert eontends.

And minerity groups will continue to view police as "en-

emy until this contrel is estab-

lished," Prof. Herbert L. Packer

of the Stanferd Law Sehool and

`the ACLU Northern California

branch board of directors writes

in the September 4 issue of The

New Republic.

Helpless Frustration -

The main source -of hostility

to the police among minority

greups is the helpless frustra-

tion engendered by the certain

knowledge that, whatever the

police may do, there is no way

in which they can be called to

account for it," he comments.

No code of police practices

can hope to be effective unless

it includes "effective sanctions

for police lawlessness," Prof.

Packer says. "The Supreme

Court is not in the business of

running police departments," he

continues, "yet it is uaive ...

to expect the Court to hold its

hand when its hand is the only

one raised or raisable" against

police abuses.

A former member of the U. S.

Attorney General's Committee

on Peverty and the Administra-

tion of Federal Criminal Justice,

Packer says the rules of criminal

process "ought te be the subject

of flexible inquiry and adjust-

ment by law-making bodies."

He describes the present pat-

tern of "constitutionalizing" this

precess as "awkward and inept."

Centrol by the Legislature

"The courts have essentially

one sanction and one sanction

only," he notes.

-yerse a criminal conviction based

in whole or in part en evidence

secured threugh illegal police

activity. The legislature is net

`similarly constrained. It can or-

-dain and establish a complete

administrative structure, includ-

ing means for exerting a meas-

wre Of external disciplinary cen-

trel ever tke police. It can set

up remedies a court is power-

less to give, such as a liquidated

damage action against the local

ACLU NEWS

"October, 1965

`Page 2

."They. ean re-

- job. alone;

government unit which employs

the offending policeman, avail-

able to a person whose rights

have been violated. In today's

-erisis of confidence, the ques-

tion of sanctions is the central

question." t

While commending the Crim-

inal Justice Act of 1964, the

pending Law Enforcement As-

sistance Act, and the establish-

ment of an Office of Criminal

Justice as "straws in the wind,"

Prof. Packer netes that develop-

ing all the facts needed about

police `practices would be `ex-

pensive and arduous."

"We prekably could not do it

before we put a man on the

moon," he notes sardonically.

The needed research would cost

no more than one hundredth of

one percent of the $25 billion

committed to the lunar project.

Legislative Scalpel

"Meanwhile, we cai. only hope

that the Supreme Court will not

use its carving knife in default

of the legislature's scalpel to de-

clare, for example ". . . that

every person arrested for any

crime must be provided with a

lawyer before the police may

-ask him any questions."

"Any code ef pelice practices

that emerges from current ac-

divity and that achieves wide-

spread legislative acceptance-

either because it is geod or be-

cause it is better than nothing-

will in all likelihood set the pat-

tern of governing law for at

least the next half century," he

eoncludes.

Mest Poignant Single Issue

"Fhe contro! ef police prac-

tices is by far the most poignant

single issue that arises in the

-oseiHating maintenance of some

kind. of balance, or tension, be-

tween the demands of freedom

and order that constitutes the

ehief hallmark of the epen se-

eiety. The courts cannot do the

but the legislature

eannot do. it. either without

broader and more reflective stu-

dy than has been made."

Should ACLU

Raise Funds fer

The LCDC?

The national office of the

ACLU has asked the Northern

California branch to raise funds

for the Lawyers Constitutional -

Defense Committee. Such funds,

it is suggested, should not be

sought by a mass mailing to our

ACLU list but frem persons

within and without the ACLU

whe can make large centribu-

tions, ineluding foundations.

Arm of ACLU

The LCDC, as it is knewn, was

organized principally by. repre-

sentatives of groups in the civil

rights mevement in. 1864. It was

adopted as an arm of the ACLU

last spring after it feH: inte finan-

cial difficulties. Its functien is te

`provide legal serviees fer the

-eivil rights movement, especially.

in the seuthern. States. It is in-

-corporated as a non-profit organ-

ization. and its inceme is tax ex

-empt while contributions made

to it are deductible fer income

tax purposes. The national legal

director of the ACLU is the only

official ACLU representative en

its-beard of directors but it main-

tas its national office in the

ACLU's headquarters in New

York City.

. Legal Aid Seciety

In the words of the natienal

executive director of the ACLU,

John de J. Pemberton, the LCDC

"has from its inception eperated:

asa kind of legal aid soctety to

the civil rights movement." In ~

selecting cases, it has departed

from traditional ACLU proee-

dures in that factual judgments

are made by the group's attor-

neys.

Moreever, since it is "a kind of

legal aid society te the civil

rights mevement" it does net re-

strict itself to civil Hberties

ceases. Following are seme of the

eases taken from LCDC's docket

which are clearly outside the

ACLU's purposes:

; Land Acquisition

"17. Re: Meridian Community

Center. We are representing

CORE, SEDF in cennection with

preposed land acquisition te be

used for the construction of a

community center and we are

cooperating with CORE lawyers

in New York as well as a loeal

Meridian attorney.

"18. Re: Radio Tougaleo. We

are acting as loeal counsel fer a

group of local Negroes attempt-

ing to start .a statewide radio

station. We are giving advice on

the lecal level and will be work-

ing with Washington lawyers in

connection with FCC work.

"Late Husband's Estate"

"20. Matilda Waters. This local

Negre who houses civil rights

workers in her house in Green-

ville was referred by the Delta.

Ministry in connection with mat-

ters being handled by a local] at-

torney. We have been in touch

with him an an attempt to

straighten out her difficulties

which involve her late husband's

estate and certain property in

Louisiana."

Preparation of Lease

The "closed cases"

the following:

"1. Amite County COFO Lease.

- We prepared lease for new proj-

ect headquarters in Amite Ceun-

ty-completed March 26.

"Re: Levander Bryant. The

homestead problem of a Louisi-

ana Negro was referred to us by

SCLC, on Mareh 8. We investi-

`gated and referred it to Collins,

Douglas and Elie."

Watts Incident

On August 24, at.a Les Angeles

ress eonference, the establish-

ment of-.a Los Angeles LCDC of- -

fice was. announced "to coordi-

mate the legal defense ef the

theusands of Negroes arrested in

`the recent disturbances in south

eentral Los Angeles." The new

office "will

rights, civil Hberties and chureh

groups in their efforts te previde

defense counsel for those ar-

rested during the racial incidents

included ?

unite lecal civil.

Report by Chairman

The ihowee report was ana by Chairman Howard

A. Friedman at the September 16 meeting of the Northern

California branch Board of Directors. It was generally agreed

that the report should be published im the October NEWS

in order that its recommendations might receive considera-

tion by the membership.

I would like te give yeu a

brief review of our eperatien

during the past year.

Since the Octeber meeting will

mark the end ef my tenure en

this Board, this review can be

called an Annual Report.

I have been reasonably close

te the picture and befere my. de-

parture, I would like to make

some ebservations and sugges-

tions which I trust may shed

some light on the matters we

will be faced with at this and

subsequent meetings.

At the outset, it should be said

that this branch of the American

Civil Liberties Unien has com-

piled. an enviable record of

achievements. And regardless of

the controversy that may have

surreunded some eases, these

achievements have been attained

with dignity, responsibility and

even with the respect of our -op-

ponents.

Present cireumstances may

dictate change in our operation,

but I hope that any change will

carry with it the same distinction

and. integrity which have charac-

terized the operation of this

branch for these many years -

qualities which, at times, I feel,

some of ,our Chapter leaders

neither acknowledge nor under-.

stand. "ar get

The last' year or so has been

somewhat hectic and treuble-

seme, particularly for this Chair-

man, and equally so I am sure,

for the Executive Directer and

eertain members of the Beard

-who became deeply involved in

some of our new activities.

New, or different activities

during this period included:

Our involvement in the cam-

paign to defeat Proposition 14.

Our experimental participation

in a legislative program. Expan-

sion ef our staff to include an

Assistant Director. Solicitation of

and to raise bail money so that

many of them can be reunited

with their families." At the same

time the LCDC said it did "not

condone violence, riots and loot-

ing ... Yet every American

must recegnize the rights even

of rioters to a fair and impartial

trial, to competent legal repre-

sentation and to reasonable bail

as required by the U.S. Constitu-

tion."

Law Violators

Certainly, every person ac-

cused of violating the law is en-

titled to due process but it has

never been the function of the

ACLU "to coordinate the legal

defense" of persons accused of

violating the law. To the extent

that there are civil liberties is-

`sues in connection with any of

the eases the ACLU should inter-

vene but we have no business de-

fending arsonists, leoters or

other violators of the law.

What Are Your Views?

The request of the national of-

fice to raise funds for LCDC is

on the branch board's calendar

and will possibly be reached at

the October 14 meeting, At the

same time, the matter is also one

fer consideration by ACLU mem-

`bers who provide the funds to

earry on our limited purpeses. If

-you have an opinion on this sub-

geect, the office would welcome a

letter from you.-E.B.

funds in a separate, voluntary

campaign: for the installation of

a new National Seuthern Region- |

al Office in Georgia, Participa-

tion im a Chapter Legislative

Conference. Finally, we were

urged by the National to inte-

`grate as a fully conforming affili-

-ate.

During this period, member-

ship increased to an all-time high

of mere than 6,700 members,

Aleng with all of this there

-was a new. vigor InM-some of our.

Chapters and pressures from

them fer greater participation in

branch policy, pregramming, and

activity.

We: became so involved in

these various activities, that we

did not even have time for an

-annual meetings in 1964, the first -

omission since annual meetings

were inaugurated many years

ago.

Not all ef our judgments and

actions were accepted without

question.

After much thought about the

full range of activities, both reu-

-tine and beyend our normal.

seepe, and after full considera-

tien of the many matters that

have arisen during my service

on this board, it appears te me

that our majer problems in need

of immediate solution relate `to:

41) Chapters, (2) legislative pro-

gram, and (3) our own imternal

operation. -

A fourth problem fer which

solutien does not earry the same

immediacy, but which requires

long and patient study, concerns

this branch's. relationship with

the National office.

CHAPTERS

The vociferous complaint of

some of our Chapters, namely,

Berkeley, Marin and Mid-Penin-

sula, or at least of some individ-

ual leaders within them, that

they find no rapport with our ef-

fice and our Board, and no real

participation in our policies, po-

sitions and programs, and no real

basie understanding of our ae-

tions, continues. There is some

validity to these complaints, at

least as far as direct participa-

tion is cencerned. We have at--

tempted to include Chapter rep-

resentatives en all of our active

committees. As a Board, we have

purposefully reached out to the

Chapter boards in electing mem: ~

bers to this body. Indeed, sev-

eral members of the current

branch board are here as the di-

rect result of this cooperative

procedure.

On the other hand; your Chair-

man has been derelict in never

having visited a single Chapter

meeting where he might have

been able to discuss policy and,

thus, contribute to a better rela-

tionship between the Branch

board and the Chapters.

The same is true of the opera-

tion of the Chapter Committee,

which has also attempted to solve

the problems within its area of

ceneern by broadening Chapter

representation. Perhaps it, teo,

has not taken enough initiative

in going out to the Chapters, and

in leading, directing, or being an

active party to their work.

Despite best. intentions, -our

Assistant Direetor was unable to

impreve the situation substan-

tially.

Our over-burdened Executive

-Continued on Page 4

Continued from Page 1-

Committee of the Committee on

Farm Labor.

Robert Cele -

Rebert Cole is. Prefessor of

Constitutional Law and Torts at

at the University of California

Law School, Berkeley. Following

graduation from Harvard Law

`School where he served on the

Law Review, Prof. Cole was law

elerk to Mr. Justice Minton of the

U.S. Supreme Court. He-has also

been engaged im criminal de-

fense practice with Edward. Ben-

nett Williams in Washington,

D , and was attorney-advisor,

Office ef Secretary of Air Force.

Alse, he was at. one time en-

gaged in general trial, corporate

and administrative law practice

in Beston, Mass. He has served

-on the board of the Berkeley-

' Albany Chapter.

Van Dusen Kennedy

Van Dusen Kennedy is a pre-

fessor in the School of Business

Aeministration at the University.

`of: California. He has been a

`valued member of the board who

resigned in June 1964 when he

left the country to spend a sab-

-batical year in India.

Im the remaining six pesitions,

the following persons were `elect-

ed: to regular three-year terms:

Albert M. Bendich, Pref. John

Edwards, Evelie GriHe, Ephraim

Margolin, The Rev. Rebert J.

O'Brien and Mrs. Emily Skelnick,

Albert M. Bendich

Albert M. Bendich has been on

the faculty of the Speech Depart-

ment at the University of Cali-

fornia during the past five years

after spending four years as the

-ACEUNC staff counsel: He holds

AB, MA and LLB degrees frem

the University of California. He

not. enly serves on the board of

the Berkeley-Albany Chapter but

has been of invaluable assistance

to our present staff counsel in

handling a number of civil liber-

ties cases.

John Edwards

' John Edwards is Professor of

English at San Francisce State

College where he has been Io-

cated since 1960. He is a grad-

uate of the University of Califor-

hia where he received a Ph: D.

in English in 1952. He also holds

an MCA. from Columbia Univer-

sity. He taught at the University

of California from 1952 to 1959,

and in the year 1959-1960 was as-

sistant to the Vice-President. He

appears regularly with Rabbi

Alvin Fine and Lloyd Luckman

-in a TV program entitled "Col-

loquy." He was also associated

with the program "Seminar IV"

and with "Adventures in Ideas"

back in 1961-1962. He has longs

been associated with the ACLU

and some years ago wrote the

branch's membership campaign

brochure. fo

Evelio Grille

Evelio Grillo of Oakland has.

been an appraiser for the State

of California since 1963. He is a

graduate of Xavier University,

New Orleans, and holds a Masters

degree from the School of Social

Welfare at the University of Cali-

fornia. He has also taken grad-

uate work at Columbia Univer-

sity, Howard University and San

Francisco State College. He has

been ae recreation director,

teacher, community relations

consultant and employee of the

City. Manager's office in Oakland,

first as Juvenile Control Coor-

dinator of the Oakland Inier-

agency Project (financed by the

Ford Foundation). He is a mem-

ber of the boards of the Oakland

NAACP and the Negro Political

Action Association ef California.

He is also a member of the Gev-

ernor's. Commission on Metro-

politan Area Problems, and hon-

-orary national. president of the

Community Service Organization.

Ephraim. Margolin.

Ephraim Margolin is engaged

| Octob

in the general practice of law

in San Francisco. He is a grad-

uate of Hebrew University in

Jerusalem and Yale Law School.

He served as Clerk to Justice Z.

euro. Cheshin, Relieving President

of Israel] Supreme Court in 1956.

He was lecturer on contracts and

constitutional law, San Fran-

eisco Law Scheel 1957-1861.

Since 1960, he has been Lecturer

on Civil and Political Rights at

U.C. Extension. Alse, from 1959

to 1963- he served as West Coast

Counsel for the American Jew-

ish Congress. He has published

articles.on the right to counsel

and. other subjects. He is Editor

of Law Commentary and a mem-

ber of the Committee-on Admin-

istration of Justice, San Fran-

eisce Bar Association. He is a

regular volunteer for ACLU

telal work, including the Prope-

`sition 14 cases, the San Fran-

-Cisce `ebscene' sculpture trial.

and a right to counsel case in

Modesto.

Rebert J. O'Brien

The Rev. Rebert J. O'Brien has

been minister of the Unitarian

Church of the Monterey Penin-

sula since the summer of 1962.

He is a graduate of the Univer-

sity of California and helds .an

MOA. in sociology. He received

his B.D. at Starr King School

for the Ministry in Berkeley.

While holding a pulpit in Cin-

cinnati, he served as President

ef the local ACLU. He is pres-

- ently a member of the board of

directors of the Monterey Coun-

ty Chapter. -

Emily Skeolnick

Mrs. Emily Marks Skolnick of

San Mateo served on the branch

beard from 1957 to 1963. She is

the wife of a psychiatrist and

has three children. She grad-

uated from Wellesley College in

1937: and did graduate work" at

American University, Washing-

ton, D.C., im labor economies. At

one time she was an economist

for the OPA. She also did soeiol-

ogical and public epinion re-

search for the OWI, Princeton

University and the Rockefeller

Foundation. Her community ac-

tivities imclude the League of

Women Voters of San Mateo,

past vice president and long

time board member, past presi-

dent of the Mid-Peninsula Coun-

eil for Civic Unity, member of

the San Mateo Advisory Com-.

mittee to the State FEPC, and

participated in cultural ex-

changes with the Soviet Union,

helping arrange for visits of del-

egations of women to the United

`States and herself visiting the

Soviet Union in 1962.

The election of board mem-

bers this year was marked by the

first nomination by petition, The

nominee failed of election, -

Nominating Committee

The Nominating Committee

this year was composed of board

members Rabbi Alvin I. Fine, .

chairman, and attorney Lee Bor-

regard. The three non-board

members were Milen Dempster,

former chairman and long-time

member of the Marin County:

Chapter board; Richard Patsey

of the Berkeley-Albany Chapter

board and Tem Nicolopulous of

Oakland, a State Labor Concilia-.

tor.

SecramentTo

Awards Supper

r 3

: The Sacramento Valley Chap-

| ter of the ACLUNC will hold its |

biennial awards supper om October

13, 1965 at the Arden Hills Ten- |

gis Club,

arrangements. Starting time is 6

p.m., amd. tickets sell for only |

$7.50. The pregram is open to

the general public.

: 1315 Mission Ave., |

Carmichael. Dr Glen Burch will

| serve as Master of Ceremonies.

| Mrs. Judy Bramson is in charge of

Health

Inspector

Search Upheld

The State District Court of Ap-

peal with Justice Shoemaker

writmg a unanimous opinion has

upheld the right ef San Franciseo

health inspectors te. inspect the

interior of an apartment without

a warrant and without probable

cause that there is anything at

the premises needing inspection.

The decision came in the case of

Roland Camara v. The Municipal.

Court of San Francisce. Camara

was charged with a misdemeanor

when he failed.to allow two San

Francisco health.inspectors to-en-

gage in a "reutine inspection" of

his apartment on Jones Street.

"The ordinance under which the

inspection was authorized does

net require that the inspectors

have any reason for making an

inspection but only limits their

-rights to "reasonable times" and

in performance of their duties.

Ne Probable Cause

Camara was represented by

ACLU Staff Counsel Marshall W..

Krause and volunteer attorney

Roger Bernhardt who argued

that the ordinance was uncensti-

tutional en its faee under the

Fourth, Fifth and Fourteenth

Amendments to the United

States Constitution. The question

had never been decided in -Cali-

fornia, but the District Court -of

Appeal reviewed cases in other

states and the decision of Frank

v. Maryland in the Supreme

Court of the United States, all

of which, with ene exception in

the District of Columbia, upheld

the right of a health inspecter to

make a search even without prob-

able cause, Justice Shoemaker

wrote: "We are persuaded that

the reasoning of the authorities

uphelding the constitutionality of

`this type ef imspection statute

should be followed by this court.

. .. We believe that such a re-

sult is an eminently reasonable

one and that it is urgent in this

-@ay of the megalopolis that citi-

zens be protected from condi-

tions deleterious to their health

and welfare, and that this right

to protection should not be

deemed subordinate to the indi-

vidual's right to resist any offi-

cial infringement, however rea-

sonable, upon the ground of ab-

solute privacy of his dwelling."

Appeal Planned

The American Civil Liberties

Union plans to appeal this rul-

ing to the Supreme Court of Cali-

fornia and to the Supreme Court

`of the United States if it is neces-

sary as we believe that no search

of private premises should. be

made without either a judicial

search warrant or some immedi-

ate, danger such as the need to

make an immediate arrest for

violation of the law or some

emergency such as a pessible fire

or immediate health menace. To

allow an unlimited scope of "`rou-

tine Imspections" is to demean

the right of privacy and invade

the constitutional freedom

against unreasonable searches.

A Northern California jabor

union has these questions in its

application blank for member-

ship: "Are you at present or been

in the past a member of the Com-

munist Party? Do you have any

leanings toward the Communist |

Party or assist this Party by any

action that might further the

progress of this Party knowing-

ly? Answer yes or no." This un-

ion also happens to control all

employment in its field in the

area so that if a person is nota

member he cannot werk in his

field.

Surprisingly, no ene has com-

The ease of Federick Gray is now before the United

States Supreme Court on a petition for writ of certiorari

filed by ACLU Staff Counsel Marshall W. Krause. Gray's

original habeas corpus action was successful in the United

States District Court where Judge Alfonse Zirpoli held that

Gray had been denied his Sixth

Amendment right to confront

and cross-examine witnesses in

his trial before a Los Angeles

County superior court. However,

the State ef California appealed

to the Ninth Circuit Court of Ap-

peals which reversed Judge Zir-

"peli and ordered Gray remanded

te San Quentin to serve his sen-

tence.

First. Peint

The ACLU's petition for certi-

-OFari requests the Supreme Court

to accept the case on two

greunds, The first is that the

Ninth Cireuit erred in holding'

that the district court. had no

jurisdiction to reach. the consti-

tutional issue because Gray was

eonvieted of two offenses and

-onty claimed that one of the

convictions was invalid, Gray was

net sentenced to prison after the

-first conviction but was given a

term of probation. It was only .

after the second cenviction that

his probation:en the first convic-

tion was revoked and he was sen-

tenced to prison under concur-

rent sentences for both `convic-

tions. The ACLU petition' argues

that the district court did have

jurisdiction to consider beth sen-

tences since probation on the

first eonvietion would not have

been revoked were it not for the

illegal second conviction, ,

Seeond Point

The second point raised by the

petition concerns the procedure

whereby Gray's case at the state

eourt trial level was submitted

fer decision on the basis:of the -.

evidence taken at a preliminary

examination. This step was taken

by Gray's court-appointed attor-

ney without Gray's consent or

understanding. Gray thought he .

was going to receive a trial on

the charge. This resulted in a

waiver of Gray's constitutional

right `to confrent and ecross-ex-

amine witnesses and was an im-

plicit admission of suilt since the

defense offered no evidence and

did not even argue to the judge

that some finding other than

"guilty should be made. The Court

of Appeals accepted this pro-

cedure as constitutional because

it was a "technical" decision of

counsel who is "the manager of

the lawsuit" and his decisions

bind a client even when consti-

tutional rights are waived. In

eriticizing this holding the peti-

tion states: "The Court of Ap-

peals set a dangerous precedent

im characterizing counsel's uni-

lateral action countermanding

petitioner's plea of `not guilty' as

a mere tactical decision. If un-

authorized waiver by a state-ap-

pointed attorney is sufficient to

satisfy a "fundamental essential'

to a fair trail, then Gideon v.

Wainwright (requiring appoint-

ment of counsel) could be a

hindrance to indigent defendants

rather than an aid."

plained about these questions un-

til recently when an applicant for

membership in all other respects

qualified was turned down be-

-cause he left these two questions

blank. ACLU Staff Counsel

`Marshall. W. Krause has written

the wnion's attorney in an. at

tempt to settle this matter with-

-eut. litigation since the questions

quoted above are elearly vague

in many of their aspects and are

an. attempt. to create political.

orthodoxy by an erganizatien

which, by its contre] of employ-

ment in a certain area, has

quasi-governmental powers.

Unjust imprisenment

The petition closes with the

laneuage: "This case contains two

issues of great mportance. Each

is significant, and their com-

bined weight must surely draw

`the attention of this Ceurt. Un-

fortunately, if the decision of the -

`Court ef Appeals stands, we may

lose sight of the simple truth ex- ~_

pressed in Johnson wv. Zerbst,

334 U.S. 266, 291: `The primary

purpose of habeas corpus pre-

eeeding is to make certain that

a man is not unjustly impri-

sened.'" It is expected that the

petition will be acted upon be-

fore the end of the year by the

eourt. The Attorney General of

California, following his usual

policy on petitions for writs of

certiorari, dees not plan to file

an answer to the petition.

The Berkeley, El Cerrito, and

Oakland Women for Peace have

run inte censorship difficulties

in their attempt to place ad-

vertisements on buses run by

the Alameda-Contra Costa Tran-

sit District. In response to the

advertising copy which tne

groups submitted; Mr. George M.

Taylor, Secretary of the Transit

District respended: "Other than

candidates and. measures appeear-

ings on official election ballots,

the District has never displayed

advertising on its coaches which,

in the epinion_of the advertising.

company, concerns local or na- |

tional subjects of a controversial

nature. In the case which you

are bringing to the attention of .

`the Board, we are informed by

the advertising company that it

deems the subject matter te be

contreversial in nature and

`therefore unacceptable."

Equal Access Denied

The American Civil Liberties

-Unien-of Northern Califernia has

taken an interest in this matter

because it believes that a pub-

lie agency may not pick and

choose among advertisers en the

`basis ef what subjeets it. decms

"controversial." This decision

necessarily requires a subjective

value judgment involving the

political and social views of the

person making the choice and

also would deny persons wth

"controversial" points of view

`equal access to the public as

compared with those whese

views happen to be non-centre-

versial, Le. generally accepted.

Text of Advertisement

The ACLU has. asked that the

Transit District Board. of Direc-

tors consider the matter durng

early October. The text which

Women for Peace wish to ad-

vertise is as follows: "` "Mankind

must put an end to war or war

will put an end to mankind. -

President John F. Kennedy.

Write to President Johnson:

Negotiate Vietnam. Women for.

Peace, P. O. Box 944, Berkeley."

It is hoped that the Transit Dis:

trict will decide the issue

promptly and favorabiy to Wor-

for Peace as under present

circumstances they are shut off

from this form of eommunica-

tien. Free speech is not limited

te merely non-commercial media

but one of its corollaries is the

io facilities for

speech effective,

equal access

making the

-among which is commerecial.ad-

vertising.

ACLU NEWS

October, 1965 -

Page 3 -

To

: Continued from Page 2-

`Director, weighed down not only

-with the normal program of our -

-work, but also with the addi-

tional work brought about by the

broadening scope of our inter-

ests and involvements, could not

`devote any more time than he

did to the detailed guidance and

direction of Chapter activities.

Meantime some of Chapters,

particularily some of the individu-

al leaders, became impatient with

our hesitation and reluctance

`to plunge hastily into a wide va-

riety of different issues and pro-

grams. Because of this impati-

ence normal and courteous pro-

eedures on the part of the Chap-

ters with the branch were cit-

cumvented and direct inquiries

were made to National on a va-

riety of matters. The resultant

strains have placed additional

obstacles in the paths of solving

our difficulties and expanding

-our horizons,

In an effort to remedy certain

basic inequities basic to the

Chapter situation, I propose that:

A. The By-Laws be amended

to allow for the expansion of the

membership of this Board so that

it will include an elected dele-

gate by and from each of our

chapters, such delegates to be

full-fledged Board Members

with all related privileges and re-

sponsibilities. Since this proposal

contemplates a major change in

our Board structure and author-

ity-and affects existing election

procedures, I request your au-

thority immediately to appoint a

special Committee of five Board

members to study, review, and

report on the proposal at the

next Board meeting. Hopefully

this proposal will solve the ques-

tion of the Board's responsibility

to its electorate.

B. The ACLU News earry a

monthly column noting the vari-

ous Chapters by heading and de-

scribing their current activities.

`euro. There be added to the func-

tions of the Chairman of this

Board the duty of attending at

least once a year one of the

monthly Board meetings of each

`Chapter.

D. The Board Chapter Commit-

tee play an increased role in the

initiation and direction of the

policies and programs of the.

Chapters. Secondly, that it also

be required to attend, at least

once a year, one of the monthly

Board. meetings of each Chapter.

LEGISLATIVE PROGRAM

We have completed a year of

involvement in a State-wide

legislative program at the cost of

a good deal of frustration.

Among others, at least two re-

curring problems haunted our

`Legislative Committee, namely:

(a) The constant needs of the

legislative representative and his

pressures upon the Legislative

Committee, the Executive Direc-

tor, and the Branch Board for

"cooperation."

This became somewhat ridicu-

lous in my opinion. Responsibil-

ity for cooperation with the Com-

mittee, the Board, and the Exec-

utive Director rests with our em-

ployed legislative representative

rather than upon them. These de-

mands and the efforts to satisfy -

them have become completely

unworkable and are impractical;

(b) The apparent expectation of

the Board that it consider the

provisions of every bill at board

meetings; that.it should vote on

each and every issue raised and

the extent and conditions of the

branch's participation. In some

eases this was necessary. Obvi-

ously it was impossible for all

bills presented for consideration

to be so treated. The volume of |

bills requiring ACLU participa-

tion is too. great. I therefore

propose:

ACLU NEWS

October, 1965

Page 4

ia Board

A. That this Board ackknowl-

edge that the function of this

branch in preserving civil liber-

ties includes legal defense, edu-

cation and lobbying,

B. That we recognize the need

of a unified lobbying program

under one legislative representa-

tive acting for both Northern and

Southern California ACLU affil-

iates, resulting in a single ACLU

voice in Sacramento.

C. That we reaffirm our inten-

tion to fully participate in such

a legislative program, provided

that:

1. Basic criteria acceptable to

both office's Boards for the

selection of bills involving

civil liberties are drawn up

by their respective legisla-

tive committees; and,

2. A legislative representative

satisfactory to both Boards

be selected; that he adhere

to such criteria and work

equally and _ cooperatively

with both Boards, Commit-

tees, and Executive Direc-

tors.

D. That we refrain from fur-

ther participation in a joint pro-

gram until the foregoing condi-

tions (C (1) and (2) above) can

be worked out.

In my opinion, a separate legis-

lative program involving only

this branch would be completely

unworkable. If a joint North-

South program cannot be worked

out, we would do better to do as

we previously did for thirty

years, that is, work unofficially

behind the scenes.

INTERNAL OPERATION

A. Our need for additional of-

fice staff has not diminished and

we still need an assistant to the

Executive Director who can carry

our various activities, including

those of Chapter Secretary.

B. With the amount of activity

we engage in, either an Execu-

tive Committee or additional

meetings of this Board are neces-

sary.

At any rate, it appears that

more time and more involvement

of our Board members and Com-

mittee members are required.

The National ACLU has com-

mittees working on all sorts of

data and reports involving civil

liberties. These reports are given

at biennial conferences which

include actual and potential prob-

lems. We have not participated

in these conferences.

Obvious by its omission has

been our lack of participation in

these conferences, reports and

interchanges. It would, therefore,

appear necessary that we as an

affiliate take a more direct in-

volvement in the National pro-

gram to the extent of budgeting

accordingly for one or two mem-

bers of this Board in addition to

our Executive Director being

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_1965.batch 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_1999 ACLUN_1999.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 present at some of these National

conferences. We could benefit

from the exchange and _ inter-

change of viewpoints and, per-

haps, aid in the entire structure

by making formal constructive

criticism and suggestions. There-

fore I suggest that we make pro-

vison in the Budget of this

branch for the attendance at

every such conference of the Ex-

ecutive Director and at least one,

possibly two, members of the

Board.

RELATIONSHIP WITH

NATIONAL

The National Board has asked

us to seriously consider joining

it as a completely integrated af-

filiate. We are informed that this

would merely involve a change in

financial structure; that, in fact,

we might come out with more

money. 5

There is much more to this

than only money. Involved are

the Branch's autonomy, and its

disagreements with. National

policy and by-laws, not to men-_

~. by me above are wore and complete

tion its added paperwork.

On the other hand, there is no-

question that our responsibilities

go beyond local concern; that we

do have a responsibility. to gen-

erally support the National pro-

gram, and, specfically to support

a National ACLU lobbyist in

Washington. I therefore suggest:

A. That a special committee be

appointed to take a long, hard

and detailed look at our relation-

ship with National in terms of

full integration.

That this committee study all

of the ramifications and by-

products of such integration and

meet with the National directors

and others who could be helpful,

and make a concrete proposal

to this Board.

B. That in the interim, as dis-

play of good faith, in terms of

our support of the National pro-

gram, we consider immediately

budgeting a monetary appropria-

tion from this branch to National

in support of its program.

I recognize that National does

have a large number of indepen-

dent members in Northern Cali-

fornia who contribute some $40,-

000 a year. They do not in any

way affect our status as an affil-

iate in terms of our responsibil-

ity to the support of a National

program.

STATEMENT OF OWNERSHIP,

MANAGEMENT AND CIRCULATION

(Act of October 23, 1962; Section 4369,

Title 39, United States Code).

1. Date of filing: 9/8/65.

2. Title of publication:

Civil Liberties Union News.

3. Frequency of issue: Monthly.

4, Location of known office of pub-

lication (Street, city, county, state,

zip code): 503 Market St., San Fran-

cisco, Calif. 94105.

5. Location of the headquarters or

general business offices of the pub-

lishers (Not printers): 503 Market

St., San Francisco, Calif. 94105.

6. Names and addresses of pub-

lisher, editor, and managing editor:

Publisher (Name and address): Amer-

ican Civil Liberties Union of North:

ern California, Inc., 503 Market St.,

San Francisco, Calif.

Editor (Name and address): Ernest

Besie 503 Market St., San Francisco,

ali

Managing editor (Name and ad-

dress): None.

7. Owner (If owned by a corpora-

tion, its name and address must be

stated and also immediately there-

under the names and addresses of

stockholders owning or holding 1

percent or more of total amount of

stock. If not owned by a corporation,

the names and addresses of the in-

dividual owners must be given. If

owned by a partnership or other un-

incorporated firm, its name and ad-

dress, as well as that of each in-

dividual must be given.) American

Civil Liberties Union of - Northern

California, 503 Market St., San Fran-

cisco, Calif. 94105. :

8. Known bondholders, mortgagees,

and other security holders owning or

holding 1 percent or more of total

amount of bonds, mortgages or other

securities (If there are none, so state)

one.

9. Paragraphs 7 and 8 include, in

cases where the stockholder or se-

curity holder appears upon the books

of the company as trustee or in any

other fiduciary relation, the name of

the person or corporation for whom

such trustee is acting, also the state-

ments in the two paragraphs show the

affiant's full knowledge and belief as

to the circumstances and conditions

under which stockholders and secu-

rity holders who do not appear upon

the books of the company as trustees,

hold stock and securities in a capac-

ity other than that of a bona fide

owner. Names and addresses of in-

dividuals who are stockholders of a

corporation which itself is a stock-

holder or holder of bonds, mortgages

or other securities of the publishing

corporation -have been included in

paragraphs 7 and 8 when the interests

of such individuals are equivalent to

1 percent or more of the total amount

of the stock or securities of the pub-

lishing corporation.

10. This item must be completed for

all publications except those which

do not carry advertising other than

the publisher's own and which are

American

_ named in sections 132.231, 132.232, and

132.233, postal manual (Sections 43552,

4355b, and 4356 of Title 39, United

States Code) Average No. Copies each

issue during preceding 12 months and

single issue nearest to filing date:

A. Total no. copies printed (net

press run) 9,333 - 9,000.

B. Paid circulation e

1. Sales through dealers and car-

riers, street vendors and counter sales

6,193 - 6,508.

6,193 -

distribution (including

carrire or other

2. Mail subscriptions:

Cc. Total paid circulation:

6,508.

D. Free

samples) by mail,

means: 2,840 - 992.

B. Total Distribution (Sum of C

and D): 9,033 - 7,500.

yen. Office use, left-over, unaccount-

ed, spoiled after printing: 300 - 1,500.

G. Total (Sum of E and F-should

ou net press run shown in A):

333. -

I cortite that the statements made

RNEST BESIG

"gigas of editor)

iembership

At Record

igh of 6729

On August 31, the membership

of the ACLU of Northern Cali-

fornia reached a record high of

6729, an increase of 792 mem-

bers since a year ago. In addi-

tion, the branch had 197 separate (c)

subscribers to the monthly

NEWS, compared with 188 a

year ago. The total paid mauling

list numbers 6927.

Most of the branch's support

is concentrated in 48 communi-

ties having 20 or more members.

About 49% of the paid mailing

list lives in areas -where the

branch has chapters. The chap:

ters have the following mailing

lists (members and subscribers):

Berkeley-Albany, 1308; Mid-Pe-

ninsula, 578; Marin County, 484;

Sacramento Valley, 411; Santa

Clara Valley, 251; Mt. Diablo,

231; Monterey County, 100; and,

Stockton, 79. A couple of the

chapters are semi-dormant while

a third is merely limping alone.

Livermore, with an increase of

100% in its supporters, and San

Mateo with an increase of 40%

in its supporters, lead all com-

munities in growth.

Following is the list of com-

munities in which the ACLUNC

has 20 or more supporters:

Increase

or De-

1965 1964 crease

San Francisco 1459 1232 227

Berkeley 1281 1036 245

Oakland 306 255 41

Palo Alto 248 265 (17)

Sacramento 220 193 27

Mill Valley 131 124 (7)

San Jose 122 131 (9)

El Cerrito 97 92 oe

Menlo Park 97 77 20

San Mateo 97 68 29

Davis 96 72 24

San Rafael 87 65 22

Lov Altos _ 82 70 12

Stockton 79 59 20

Freshol' 77 66 i

Santa Cruz 77 56 21

Stanford 67 76 (9)

Livermore 66 33 33

Sausalito 66 el 5

Orinda 55 55 coal

Richmond 53 57 (4)

Walnut Creek 47 42 (5)

Hillsborough 45 35 10

Los..Gatos 45 47 (2)

Carmel 44 47 (3)

Napa 43 46 (3)

Lafayette 4 40 I

Redwood City 39 49 (10)

San Anselmo 34 25 9

Burlingame 30 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_1965.batch 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_1999 ACLUN_1999.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 x

Hayward 30 23 7

Sunnyvale 30 = 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_1965.batch 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_1999 ACLUN_1999.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

Concord 29 25 4

Modesto 29 34 (5)

Albany 27 29 (2)

Mt. View 27 23 4

~ San Carlos 26 21 5

Kentfield 25 24 I

Portola Valley 25 21 4

Aptos. 25 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_1965.batch 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_1999 ACLUN_1999.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 .

Castro Valley 25 23 2

Carmichael 24 24 -

Tiburon 23 21 2

Fremont 22 + =

Santa Rosa _ 22 29 (7}

Saratoga 2 = =

Corte Madera 20 21 (1)

Daly City 20 24 (4)

*Not on the list last. year so exact

increase unknown.

( ) Indicates a decrease.

Challenge State

Loyalty Oath

Continued from Page 1-

lawful means" in the future and

as to what will be "advocacy" in.

the future.

Loyalty Oaths Under Attack

Loyalty oaths: are under at-

tack all over the country and

suits in Washington and Florida

have been successful in throwing

out state loyalty oaths. Suits in

Georgia and New York are still

pending and have received some

encouragement in preliminary

rulings from the courts. The

ACLU's national office also an-

nounced last month that it was

ACLU Enters

Four-Letter

Word Case

Last month the Board of Di-

rectors of the ACLUNC voted to .

enter the case of People v. Kline,

et al., now pending in the Ap-

pellate Department of the Ala-

meda County Superior Court.

The defendants were convicted

of. various: misdemeanors for

using four-letter words generally

considered vulgar in the midst of

_a rally on the University of Cali-

fornia campus.

Code Sections Attacked

The ACLU's. amicus curiae

brief was prepared with the as-

sistance of Professor Robert QO':

Neil of the Law School at the

University of California and

takes the position that, without

regard to whether the utterances

were protected under the First

Amendment, they were not ob-

scene within the meaning of the

Penal Code nor did they result

in a disturbance of the peace as

charged. It is appropriate for the

ACLU to make sure that crim-

inal statutes which form the

border between. protected and

unprotected speech are not im-

properly applied.

No Appeal to Prurient Interest

In this case the amicus brief

points out that merely uttering

four-letter words does. not con-

stitute an appeal to "prurient in-

terest" as required by the Cali-

fornia obscenity law. Prurient in-

terest does not: mean offensive-

ness, vulgarity, or even repulsive-

ness, but requires that there be

an arousal. of some interest in

nudity, sex, or excretion. The

mere saying of taboo words does

not meet the test.

_ The brief also points out that

the material accused of being

obscene must be "taken as a

whole," that is, in its entire con-

text. When this is done concern-

ing the Berkeley incidents it is

seen that the defendants were

not engaged in idle insult but

had a specific purpose in mind, |

namely, to convey the message

that society should not be of-

fended by taboo words. Whether

or not one agrees with this con-

cept, it is obviously an idea the

advancement of which has a

serious premise. -

One Yardstick

The brief also points out that

Penal Code Section 415 which

prohibits the use of "any vulgar

profane or indecent language

within the presence of women or

children, in a loud and boister-

ous manner .. ." must be judged

by the same standards as is the

obscenity statute, since "to per- ~

mit what cannot be touched by

the obscenity law because it is

not obscene to be made the basis

of a conviction under Section 415

would be to reach through the

back door what cannot constitu-

tionally be reached through the

front door." The brief also points

out that the language of Section

415 is so vague as tobe a catch-

all or a dragnet to trap an un-

`wary speaker or to deter a wary

speaker from venturing at all

into a doubtful area of expres-

sion. Vagueness in criminal stat-

utes is particularly reprehensible

where the statute impinges upon

- the periphery of freedom of

speech.

challenging the loyalty oath re-

quirement of the Directors' Guild

of America Incorporated, a labor

union for film and television di-

rectors, The ACLU has tradition-

ally been opposed to oaths which

assume that a person is disloyal

or would do disloyal acts unless

he swears to the contrary. This

kind of oath.is more properly

denominated a - non-disloyalty

oath or a "test oath" and has a

long history of abuse to suppress

freedom.

The Mack case. will come. be-

fore the Superior Court in San

Francisco in late September but

probably will not be decided un- -

til the end of the year.