vol. 37, no. 8

_ Published by the American Civil Liberties Union of Northern California

Volume XXXVII

San Francisco, October-November, 1972 No. 3

Grand Jury Fishing Expedition

Comes to San Francisco

Guy Goodwin and his ``Son-of-

HUAC'' inquisitions rolled into town on

October 10 and the ACLU Grand Jury

Project rolled into action.

Disturbed by the manner in which the

federal grand jury system has been per-

verted from its traditional role as a

safeguard of individual rights, Project

Director Paul Halvonik and Staff Counsel

Joe Remcho joined with attorneys of the

National Lawyers Guild to provide legal

assistance for the 16 witnesses called.

Although the objectives of the San

Francisco jury are as secret as its

proceedings, it is apparently an attempt to

trace fugitives involved with the

Weatherman organization and to track

down the people who bombed the Park

`District Police Station in February 1970.

The three witnesses called so-far have

refused to testify, claiming that they have

no involvement or knowledge of the

matter and branding it a fishing ex-

pedition.

As one of the witnesses, San Francisco

conservationist Daniel Rosenberg, put it,

"*T had nothing to do with Park Station

and I know nobody who did. I just don't

like the idea of having to testify when you

don't know what or whom you're

testifying about.''

By refusing to testify the witnesses face

going to jail until the end of the Grand

Jury term, now estimated for March

1974. Their case is currently before the

Ninth Circuit Court of Appeal.

An ACLU research project on political

surveillance reported earlier this year:

`The nationwide grand jury network

is emerging as a `chosen instrument'

of an Administration strategy to curb

dissent and to intimidate and

demoralize radicals. What makes this

Strategy so effective is that federal

prosecuting officials-who themselves

have no power of subpoena-are using

the coercive powers of the grand jury

for police and intelligence purposes.

This operation is being directed and

coordinated by the Internal Security

Division of the Department of Justice,

under the leadership of Chief of

Special Litigation Guy Goodwin."'

Reprints are available of a 30-page

article in THE NATION detailing the

findings of this project, for 50 cents.

Following are some of the injustices that

heavy recent use of Grand Juries by the

government has revealed:

"Most people know very little about

the grand jury because it 1s en-

shrouded in secrecy. This secrecy was

based originally on the need to protect

the independence of the grand jury by

insulating it from the pressures of the

Crown. Although this reason for

secrecy no longer obtains, the

government today imsists on

preserving the grand jury's secrecy-

in part, certainly, because it ef-

fectively cloaks abuses by prosecutors.

The secrecy surrounding grand juries

has thus become an instrument of the

very evil it was intended to prevent.''

As the article points out, ``The broad

scope of the prosecutor's power contrasts

with the limited character of the wit-

nesses' protections.' Not only is the

witness prevented from bringing counsel

into the grand jury room, he has no right

to learn the subject of the investigation, or

indeed whether he himself is a target of the

inquiry. Witnesses are notified many

times only days or hours before their

Continued on Page 2

New Associate Director

Starting work October 1 for ACLU-NC

as Associate Director is a person who has

held leadership positions in three other

affiliates and in the national office...Laura

Ober Monroe. You will come to know her

in the months ahead as she takes over

leadership in membership and chapter

development.

Laura comes directly from the ACLU of

Southern California where she served as

Development Director and where in 11%

year's time she changed the color of the

bookeeper's ledger from red to black,

wiping out an $86,000 deficit.

``In Monroe's appointment as Assoc

Director'' says Jay Miller ``the leadership

of ACLU-NC acted out of recognition that

in the years immediately ahead we must

substantially increase membership par-

ticipation as we attempt to carry out our

function of protecting civil liberties. The

fact that the ACLU's win rate in the US.

Supreme Court has dropped from 90 per

cent to 50 per cent indicates that we must

expand our legislative and educational

programs. In order to do that successfully,

we must recruit many more members and

greatly increase our chapter activities at

the local community level.''

Prior to coming to California, Laura

worked in New York for ACLU's 50th

Anniversary Program as National

Associate Director. Her job involved work

with the 48 state affiliates in public

education, generating TV commercials, a

book, posters, an essay writing contest,

public speeches, ITV appearances, etc.

includes

time both as active member and volun-

teer, and work experience as staff. While

in Seattle, before moving to the national

Laura's affiliate experience

ACLU job, Laura served as Board

Treasurer for the Washington ACLU, was

nominated by the Nat'l. Nominating

Committee for the national board of

directors, and was a non-paid full-time

consultant to the Washington office.

This dedicated volunteer work was the

natural outgrowth of deep ACLU in-

volvement in Ohio, where she moved

from the role of a full-time volunteer in

the Greater Cleveland Chapter and Vice

Chairman of the Board during the Mc-

Carthy days to become Executive Director

Continued on Page 2

Freedom of Press

The San Francisco Superior Court will

hear oral argument November 16 by the

ACLU-NC that the San Francisco Press

Club membership policies "`deliberately -

and systematically exclude women,''

which has led to their becoming ``second-

class members of the news media''.

The suit was filed for newswomen who

have for years been denied full mem-

bership in the club solely on the grounds

of sex, in the name of the following five:

Marilyn Baker, KQED-TV; Georgia

Hesse, San Francisco Examiner; Palma

Trentacoste, Aileen Campbell and

Roberta Ward, The Catholic Monitor.

The ACLU's complaint details the

rights which newswomen don't have:

-Newswomen cannot vote in club

matters =

Jay Miller and Marilyn Baker meet the Press

But Not at the Press Club

-Newswomen do not have exchange

privileges with other press clubs:

-Newswomen may not meet other

newspersons, news sources or invited

guests on a level of equality;

-Newswomen cannot use any of the

recreational facilities ;

-Newswomen cannot frequent the

second floor bar at all times;

-Newswomen cannot use either the

library or overnight facilities.

The ACLU's complaint states, ``Denial

of full participation in this unique

professional organization effectively bars a

newsperson from reaching his or her full -

potential in the profession, in clear

violation of California constitutional

provisions prohibiting discrimination in

employment on the grounds of sex."'

Continued on Page 2

And Not in California

Prisons...

26 reporters from news media

throughout the nation have charged that

the public is being denied the right to

know what is going on in California

prisons, in a brief filed on their behalf by

the ACLU Foundation of Northern

California. _

The action was "`amicus'' support of a

suit brought in the state Court of Appeal

by Ruchell Magee's court-appointed

attorney Robert Carrow, which seeks to

uphold Superior Court Judge Leonard

Ginsberg's ruling that the press be

granted access to Magee, stating that the

prison rule forbidding it is un-

constitutional. The Court of Appeal has

stayed this order.

The lengthy list of reporters includes |

such well-known writers and columnists

from major newspapers in the East, as

Nicholas Von Hoffman of the Washington

Post; Tom Wicker and Earl Caldwell of

the New York Times; Joel Dryfus of the

New York Post; and Theo Wilson of the

New York Daily News. Bay Area

broadcast names include Ben Williams of

KPIX-TV; Sonny Buxton of KGO-TV;

Deacon Anderson of KTVU-TV; and

Carolyn Craven of KQED-TV.

Representatives of half a dozen un-

derground newspapers, magazines and

news services have joined with reporters

and publishers of ``straight'' Bay Area

dailies and weeklies, and writers for such

national magazines as Harpers,

Newsweek, and Ramparts, to petition the

Court for protection of First Amendment

rights.

U. S. District Judge Spencer Williams

has declared the prison ban on interviews a

violation of the prisoners' First Amend-

ment rights to freedom of speech. But

prison authorities are denying interviews

for 90 days until new regulations are

drawn up. Meanwhile, the Attorney

General's office has indicated that they

will ask for a reversal of this decision.

Executive Director Jay A. Miller ex-

plains, ""If we are to prevent the kinds of

conditions that led to last summer's

tragedy at Attica and the disturbances at

San Quentin, the public has simply got to

know what is going on on the other side of

those gray walls. This prison rule that

denies newsmen a chance to interview

inmates strikes at the very heart of the

First Amendment's freedom of press and

speech that guarantee a free flow of in-

formation."'

In his brief on the case, associate Staff

Counsel Peter Sheehan cites the over-

turning this year of a strikingly similar

press ban by the U. S. District Court in

Washington, D. C., whose decision

stated, ``The~ Bureau's no-interview

policy violates the First Amendment by

unqualifiedly denying the press the right

to interview inmates. The rules of the ~

Bureau must be more precisely drawn to

prohibit interviews only where it can be

clearly established that serious ad-

Continued on Page 3

LEGAL

Court Affirms Right to March

As Consumers or War Protestors

Consumers

The State Court of Appeal for the San

Francisco area, has struck down as

`"patently overbroad'' an anti-picketing

injunction issued by San _ Francisco

Superior Court Judge Henry Rolph.

ACLU's clients in the case were San

Francisco Consumer Action and _ its

President Kathryn Pachtner (Jn re

Pachtner, 1 Crim. 10613), who were

cited for contempt of Judge Rolph's order

when they picketed outside the Van Ness

Avenue showroom of British Motor Car

Distributors Ltd. last Spring. BMC had

requested that Judge Rolph issue the

injunction in an attempt to silence the

groups' protests over BMC's alleged

failure to honor its warranty on a car sold

to a San Francisco woman.

` The Court of Appeal decision `points out

that Judge Rolph's order was not limited

to restraining picketing about the matter

of the original grievance, but prohibits the

consumer group from picketing on any

subject at any of BMC's outlets anywhere

in California. In fact, when arrested for

contempt, the group's picket signs made

_ noreference to the original complaint, but

were protesting the firm's attempt to

suppress their freedom of expression.

Associate Staff Counsel Peter Sheehan

states that the significance of the Court's

ruling is the recognition of a consumer |

right to informational picketing, a right

that courts have previously affirmed for

employees. Sheehan comments,

`*Picketing is one of the most crucial and

effective tools of last resort available to

citizen groups. It is a fundamental liberty

protected by the First Amendment to the

Constitution."'

The decision cites a 1968 California

Court decision, In re Berry, which held

that, ``It is clear that peaceful picketing is

Continued on Page 4

Protestors

U.S. District Court Judge William T.

Sweigert ordered San Francisco to grant a

permit for an antiwar tally in Golden Gate

Park without requiring a $1,000 per-

formance bond that the ACLU described

as a "`tax on free speech.''

ACLU's client in the case was the

""October 14 Coalition,'' a group of anti-

Viet Nam War organizations who had

announced a march and rally for that date.

According to the ACLU brief, prepared

by Associate Staff Counsel Peter Sheehan,

many other groups have been granted use

of the parks without the subject of a

performance bond even being mentioned.

Such discriminatory administration of

park permit issuance is a ``denial of the

equal protection of laws'', guaranteed by

the 14th Amendmient to the United States =

Constitution.

Explaining the reason for the suit,

Executive Director Jay A. Miller states,

`*The public parks have been a traditional

forum for the expression of all kinds of

ideas. When we start limiting park use

only to those people who have $1,000.00

readily available, we choke off many

voices that contribute to the vitality of the

dialogue that makes our system work.

Then when this money bond burden is not

even asked of all applicants, multiple

violations of our civil liberties are com-

mitted.''

The Judge agreed with the ACLU's

~ contention that there is actually nothing

in the Municipal Park Code which

specifically grants the power to require

performance bonds prior to granting a

permit, and therefore directed the

Recreation and Park Commission to make

its permit application decision only on the

authorized basis of considerations of

"`time, place and manner of such

assemblies."

Press Club ccm:

The complaint details one example of

how these policies ``seriously incapacitate ,

women journalists from the practice of

their profession. There are 87 press clubs

which, like San Francisco's, serve as the

`home' of serious journalists, a source of

news contacts and information. Since full

use of these facilities are available only to

voting members of other clubs, women

_ are prohibited from using this invaluable

resource that is available to other out-of-

town newspersons.''

Executive Director Jay A. Miller

comments, "`Perhaps the most serious

effect of the Club's exclusion of women is

the psychological impact on their co-

workers, news sources and employers.

How are employers to view women

professionals when their professional club

continues to view them as less than equal

with men?"'

The ACLU complaint concludes:

`Tt is scarcely believable that the San

Francisco press community, which

prides itself on the free intercharge of

ideas, would so incapacitate,

humiliate and relegate to second-class

Status such a qualified and significant

part of its number. But it has so far,

since 1888. There is no reasonable

reason for barriers which the PRESS

CLUB has erected to block women's -

pursuit of the news profession and

those barriers can no longer be

tolerated.''

An ACLU amicus brief has gone to the

California Supreme Court in support of the

suit by San Quentin inmate Fleeta

Drumgo for the right to counsel of his

choice. The brief was prepared by staff'

counsel Joe Remcho.

Drumgo is one of the so-called ``San

Quentin Six'? charged with murder

following the disturbances in the summer

of 1971 at the prison. Since he was in-

digent, the Court appointed attorney

Richard H. Breiner to represent him, |

following refusal of Drumgo's request for

appointment of attorney Richard A.

Hodge. The State Court of Appeal held

that the Judge's decision was ``an abuse of

discretion'', and the case is now before

the California Supreme Court on appeal by

the government.

Drumgo has consistently said he does

not want Breiner to represent him, since

he does not know him or have confidence

`in him. Fhe ACLU points to Court

decisions that hold the right to effective

counsel that is guaranteed by the Con-

stitution is denied when the attorney-

client relationship is not based on trust

and mutual cooperation. They cite a

California Court ruling earlier this year in

People v. Robles, which states that lack of

' confidence and disagreement over tactics,

``may signal a breakdown in the

attorney-client relationship of such

The ACLU has filed a ``Friend-of-the-

Court'' brief in behalf of Daniel Mark

Siegel in his case against the Committee of

Bar Examiners for the State of California.

Associate Staff Counsel Peter Sheehan

prepared the brief.

Siegel was President of the U.C.

Berkeley Student Body at the time. of the

""People's Park'' controversy and figured

prominently in protests over it. Siegel

graduated from U.C. Law School and

subsequently passed the Bar Examination

in August 1970. The Bar Examiners

have, however, refused to certify him as a

member of the State Bar, citing as their

reasons that he lacks qualities of ``candor

and truthfulness''.

Attorneys Marshall Krause and

Malcolm Burnstein have now filed a

petition with the California Supreme

Court for Siegel.

The main area of controversy is Siegel's

state of mind while he was exercising his

right of free speech. Siegel contends he

J U ry Continued

appearance is demanded, possibly at a city

completely across the country, making

prior advice of counsel a near im-

possibility.

The traditional protection of the Fifth

Amendment privilege against self-

incrimination is no longer even available.

The immunity provisions of the 1970

Organized Crime Control Act permit the

government to provide a limited "`use''

immunity that removes most of the

protection previously provided by the Fifth

Amendment.

October

aclu NEWS

What is the Right to Have Counsel

magnitude as to jeopardize the

defendant's right to effective

assistance of counsel.''

The ACLU brief states, ``The criminal

law has historically favored the rich at the

expense of the poor. The difference has

been most obvious in the ability of the

wealthy to secure superior legal talent for

their defense. There can be no doubt that

had Mr. Drumgo retained Mr. Hodge at

his own expense, Mr. Hodge would be

representing petitioner today. He has

shown himself to be competent, ready,

willing and able to serve, and Mr.

Drumgo had specifically requested Mr.

Hodge. The trial judge's actions can only

'be explained by the- notion that the

assistance of counsel is a gift to the in-

digent and that an indigent defendant

must in all circumstances accept what is

offered."'

The ACLU brief concludes, `"This case

provides an opportunity to bring the poor

closer to `equal justice' without any

expenditure on the part of the state. The

appointment of Mr. Hodge would not

result in any additional cost - on the

contrary, jt will undoubtedly save the

State money since a trial is certain to move

more expeditiously where the defendant

and his lawyer have full confidence in each

other. There is less likelihood of

disruption or a challenge on appeal to the

adequacy of representation.'

Or to Be Counsel...

made no statements advocating violence in

public speeches over ``People's Park.'' |

The Bar Examiners claim that he did

mean to advocate violence and is therefore

lying when he won't admit it.

The ACLU brief asserts that ``the

paramount importance of free speech

requires explicit recognition of the

principal that applicants to the Bar cannot

be excluded on the basis of falsehoods

concerning their state of mind while

exercising constitutionally protected

speech. Therefore, exclusion from the Bar

based solely on such grounds should never

be upheld; otherwise, the totality of an

applicant's past history, no matter how

much it indicates his honesty, becomes

meaningless if he disagrees with the Bar

Examiners over his state of mind while

exercising his First Amendment rights.

The ACLU feels that the disastrously

chilling effects of such a denial on these

grounds will undoubtedly affect potential

applicants to the Bar.''

MONO continued

of ACLU of Ohio in 1966:

Laura's committment to civil liberties is

a deep expression of her life's experience.

Born in Nuremberg, Germany, she fled

the Nazis with her family to Paris and on

to Brazil. Her work before its ACLU

involvement was with groups who ex-

perience daily rights violations-the

mentally ill, the young, the poor,. both

Black and White. She has been executive

director of the Nat'l. Association of Social

Workers in Ohio and of the Fair Housing

Foundation in Long Beach.

Howard Jewek, Chairman of the Board

aclu NEWS

9 issues a year, monthly except bi-monthly in March-April, July-August,

and October-November

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

William Kane, Editor and Public Information Director

593 Market Street, San Francisco, California 94105--433-2750 |

Membership $15 and up of which $2.50 is the annual subscription fee for aclu News.

Jay Miller, Executive Director

EDUCATION

Why is Bob Wells Still in Prison?

- At the last meeting of the ACLU-NC

Board, new Board Member President

Norwell Smith of Merrit College

requested and the Board approved ACLU

support for the release from prison of

Wesley Robert Wells, a black inmate at

San Quentin whose case will be heard by

`the Parole Board Nov. 21.

Wesley Robert Wells is a 63 year old

black man who has spent 45 years in

prison. Seven of these years were spent on

_ death row at San Quentin. In 1947 at the

age of 38, Wells was sentenced to the

""gas chamber'' for throwing a cuspidor at

a prison guard-the guard did not die.

Governor Goodwin Knight, after

receiving over 160,000 request for

clemency in behalf of Wells, commuted

his sentence to /ife imprisonment without

-possibility of parole.

After 45 years in prison, Bob is sick,

and does not want to die in prison. He

wants his freedom now.

Eleven hundred and fifty inmates at San

Quentin last year petitioned the Governor

asking that Wells be granted a pardon, so

: that he could ``live his remaining few days

;on the streets."

A Committee has been formed by

outraged citizens of the community,

whose aim it is to obtain the release of

Wells. The committee is composed of

Educators, Lawyers, Journalists, clergy

and law enforcement personel. Norrell

Smith is Chairman of the Committee, and

they have been meeting to plan the

strategy that will be used to obtain Well's

release.

Letters to the Governor prior to the

Nov. 21 hearing would help let him know

the public still cares. For more in-

formation contact Dr. Smith at Merritt

College.

Free Air Time for the Public

., Latest breakthrough for the Santa Clara

Chapter's Committee for Open Media

(COMS, has been agreement by the Bay

Area's Jargest TV station and largest

radio station to broadcast free speech

messages - KPIX-TV and KSFO radio.

It all began a year ago when San Jose

State College Professor Phil Jacklin and

his committee negotiated a new kind of

public access to the airwaves - "`Free

Speech Messages''. A Free Speech

Message is a spot message like a com-

mercial, except it is issue-orented and

citizen-initiated.

Three Bay Area TV stations agreed to

try a 3-month test of these FSM's,

starting in January of 1972. The three -

KGO-TV, KTVU, and KNTV - began

then, and have been broadcasting FSM's

continuously ever since. They have by

now been joined by ten other broadcasters.

FSM requirements are simple. In-

dividuals or groups are free to present any

~ point of view within the limit of libel or

obscenity, with broadcasters agreeing to

deny no message simply because it is

controversial. Each message is between 50

and 75 seconds long, or about 100 to 150

words. Messages dealing with current

issues, with some call to action, are

preferred. The messages are taped by the

stations at their expense.

Currently accepting FSM's are:

-KGO-TV (7), Bob Sunderland, 277

Golden Gate Ave., SF, 863-0077.

-KNTV (11), Stew Park, 645 Park,

San jose. 260-1111) =

-KPIX-TV (5), Guidelines, 2655

Van Ness Ave., SF, 776-5100.

-KRON-TV (4) Tom Mulahey, 1000

Van Ness, SF, 441-4444.

-KTVU (2), Ian Zellick,

London Sq., Oakland, 834-2000.

-KABL, Guest Editorials,

Commercial St., SF, 982-9586.

-KDIA, Box 8432, SF, 834-4262.

-KLIV, Story and Lucretia, San Jose,

293-8030.

1 Jack

632

KNBR, Fox Plaza, Civic Center; SF, ~

626-6700.

-KREP-FM, 2775 Park Ave., Santa

Clara, 243-4252.

-KSFO, 950 California St., SF, 982-

5500.

-KSJO-FM, Joe Regelski, 3003

Moorpark, San Jose, 246-6060.

-KYA, 1 Nob Hill, SF, 397-2500.

New Literature for You

Now available, on written request, is a

--list of all the literature published by the

ACLU. This includes everything from free

pamphlets to several books. Just send us

your address, Attention: Literature List.

Soon to be available are an excellent

series of paperback books distributed by

Avon Books. The first two out are on:

_ Ihe Rights of Teachers and [he

Rights of Servicemen''. Soon to be issued

are handbooks on the rights of prisoners,

mental patients, students, women,

defendants and the very poor. Priced at 95

cents on the newsstand, you can order

these from ACLU for 50 cents. We will

take orders for these at this time, on

receipt of check or cash, for delivery as

they become available.

Statement of Ownership, Management and Circulation

(Act of Aug. 12, 1970; Section 3685, Title 39. united States Code)

Date of Filing:

Title of Publication: ACLU News

' Frequency of Issue: Monthly, except bi-monthly in March-April, July-August, October-November

Location of Known Office of Publication: 593 Market St., SanFrancisco, California 94105.

Publisher: American Civil Liberties Union of Northern California, Inc., 593 Market St., San Fran-

_ cisco, Calif. 94105

Editor: William Kane, 593 Market St., San Francisco, Calif. 94105

Managing Editor: None.

Owner: American Civil Liberties Union of Northern California, Inc., 593 Market St., San Francisco,

Calif. 94105. No stockholders.

Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1 Percent or More

of Total Amount of Bonds, Mortgages or Other Securities: None.

Extent and Nature of Circulation

A. Total No. Copies Printed (Net Press Run)

B. Paid Circulation

1. Sales Through Dealers and Carriers, Street Vendors

and Counter Sales

2. Mail Subscriptions

C. Total Paid Circulation

D. Free Distribution (including samples) by Mail,

Carrier or Other Means

E. Total Distribution (Sum of C and D)

F. Office Use, Left-Over. Unaccounted, Spiled

After Printing

G. Total (Sum of E and F-Should equal net press run-A

Actual Number Average No.

of Copies Of Copies Each

Single Issue Issue during

Published Nearest Preceding

To Filing Date 12 Months

16,164 16,650

=o Tyas

14,664 15,164

14,664 15,164

1,000 1,200

15,664 16,364

560 286

16,114 16,650

I certify that the statements made by me above are correct and complete.

Signed: William Kane, Editor

the Further Aid of ACLU

Many, many thanks to you lovely

people who sent us a total of 9,000 names

of your friends whose commitment to civil

liberties seemed to make them good

prospects for ACLU recruitment.

We began writing to your friends in

June, asking them to join with us; the last

of our invitations were mailed a month

ago. BUT... SO FAR, ONLY 319 of the

9,000 have actually responded. Another

letter will go to these prospective

ACLU' ers right after election day, giving

them further information about our work

and repeating our invitation to join.

You, personally, could be extremely

helpful in making this campaign much

more successful than we can manage by

October

aclu NEWS

Now is the Time for all Good Members to Come to

By Laura Monroe, Associate Director

mail alone. Would you be willing to call a

few or all of the prospects you gave us, and

add your personal invitation to our written

ones? The human voice can accomplish so

much more than umpteen letters possibly

could.

If you are willing to help us with this

most important effort to grow, just call the

office, 433-2750 and ask Shela Datz if the

persons you are about to call have already

joined. We have an alphabetical card file of

the 319 who have, so it should just take a

minute to let you know whether a call is in

order. THANK YOU FOR YOUR HELP

SO FAR... and thanks in advance for any

further recruiting help you might provide. .

Letters of Thanks

From A Volunteer

Dear Lola:

What a day I had at the complaint desk!

Wouldn't have missed it for anything.

Just want to say if you need me to fill in

while someone is on vacation, or sick or

etc., please call me and if I can I'd love to

come in.

Jeannie

San Anselmo

From A Client

Mr. Jay A. Miller

Executive Director

ACLU of Northern California

593 Market Street

San Francisco, California 94105

Dear Mr. Miller:

As you will recall, the ACLU of

Northern California, in conjunction with

the Fresno. Chapter, agreed to carry an

appeal by Fresno County in the case of

Moore v. Board of Supervisors. On

September 26, the Board of Supervisors:

voted 4 to 1 to reinstate me to the Fresno

County Planning Commission.

Presumably the Board acted upon the

County Counsel's opinion that there was

PriISONS. coninec

ministrative or disciplinary problems are

being created. Any outright restraint upon

the ability of the press to gather in-

formation places a heavy burden on those

who seek to justify it.'

Sheehan points out that the prison rule

being challenged differs from one that the

Court of Appeal recently refused to

overturn, in a suit by Alice Yarish and

Pacific Sun Publishing Co., who also

sought access to Magee. The regulation in

effect at the time of that suit was not an

absolute ban, but permitted interviews at

certain times. The Court found this

allowance for limitation of rights to be

`certainly justified, by considerations

(e.g., prison security and discipline)

absolutely essential to the orderly ad-

ministration of our penal system.''

However, the decision makes clear that

the Court is speaking of restriction of press

interviews during a time of "`lock-up''

status, rather than a full-time ban.

PETITIONERS IN PRISON IN-

MATE PRESS BAN SUIT

1. Deacon Anderson, Editorial Director,

KTVU-TV, Channel 2.

2. Bob Barker, Reporter, AJternative

Features Service.

3. Lincoln Bergman, Reporter, KPFA

Radio.

4. Sonny Buxton, Reporter, KGO-TV,

Channel 7.

5. Earl Caldwell, Reporter, New York

Times.

6. Sandy writer,

Close, Free-lance

From A Reader

Dear Sir:

I have enjoyed your excellent coverage

and analysis of civil liberties issues and

look forward to future issues of your

publication.

Thank you very much.

Sincerely,

Kenneth R. Stone

Davis

less than a 50-50 chance of the County

winning the appeal.

Therefore, there probably will not be an

appeal although my term on the Com-

mission does not expire until January 1,

1973. In some ways I am disappointed that

the County will not appeal. The case

would make good law and _ establish

significant precedents for First Amend-

ment rights of appointive public officials.

May | again thank you for the support of

ACLU-Northern. California and. the

Fresno Chapter. As a member of ACLU I

will continue to support the organization's

activities and hope that ACLU will

support any cases similar to mine.

Heyward Moore, Jr.

California State University, Fresno

Harper's Magazine.

7. Elizabeth Coleman,

Newsweek Magazine.

8. Paul Cowan, Free-lance writer, Village

Voice.

9. Carolyn Craven, Reporter, KQED-TV,

Channel 9.

10. Joel Dryfus, Reporter, New. York

Post.

11. Mike Gahagan, Publisher, Point

Reyes Light.

12. Carlton Goodlett, Publisher, San

Francisco Sun Reporter.

13. Reggie Major, Reporter, San Fran-

cisco Sun Reporter.

14.Stan Moreillon, Reporter, San Jose

Mercury News.

15. Cliff Moser, Reporter, Liberation

News Service.

16. Michael Schreiber, Reporter, The

Militant.

17. Mark Schwartz, Reporter, KPFA

Radio.

18. Tom Siporin, Reporter, Berkeley

Barb.

19. Elsa Knight Thompson, an author.

20. Nicholas Von Hoffman, Columnist,

Washington Post.

21. Tom Wicher, Columnist, New York

Times.

22. Jean Wiley, Reporter, Third World

Media.

23. Ben Williams, Reporter, KPIX-TV

Channel 5.

24. Theo Wilson, Reporter, New York

Reporter,

Daily News.

25. Tom Yarish, Reporter, Point Reyes

Light.

26. Min S. Yee,

Ramparts Magazine.

Free-lance writer,

ET CETERA

News of the Chap ters

Mt. Diablo

Prison TV Show

The Chapter co-sponsored a TV show

on October 3 over the local cablevision

dealing with alternative to the proposed

new county jail in Martinez. Titled

``Taxes and Crime,'' it was moderated by

Chairman Rose Bonhag.

The program explores the success that

other communities have had with |

alternatives to incarceration, which lower

taxes while they are lowering crime.

`Included is a discussion of San Mateo

County's work furlough program and the

""OR'' projects in San Francisco, Santa

Clara and San Mateo Counties and

Berkeley.

For details on obtaining a copy of the

show, contact Rose Bonhag at 642-4619

oF 283,9820,

The Chapter will conduct a strategy

planning session om November 20, at

7:30 at Acalanes High School in

Lafayette. The Bay Area Councils report

on ``Alternative to Incarceration and

Proposed Improvements in the Jail System

in Contra Costa County'' will be

evaluated in preparation for a public

hearing on Nov. 30, at 7:30 P.M. in the

Supervisors Chambers in the Ad-

ministration Building in Martinez. In-

terested people are urged to attend both

meetings. For more information call 283-

- 6066.

Oakland

Prison Committee

Following in the successful footsteps of

their neighbor chapter to the North -

Mt. Diablo - the Oakland Chapter has

formed a Jail Study Committee, which has

had two meetings to date. Any member

wishing to learn more about the govern:

ment's plans for new prison facilities in

Alameda County contact Louise Riemer

(547-1267) for time and place of the next

committee meeting.

Mid-Penninsula

More on Franklin

ACLU has taken on a second case for

former Stanford Professor H. Bruce

Franklin, already being represented in a

suit over his firing for making political

speeches. The chapter has agreed to

represent him in a challenge to his denial

of unemployment benefits because of his

""militant'' political activities.

According to the unemployment office:

**You have little or no prospects of

finding work in your usual occupation

at this time, due to your militant

activities on your last full-time job,

and continued activities since then.

Since your voluntary activities have

resulted in this reduced labor market,

you are not available for work."'

Chapter ee Larry Sliezer ex-

plained the nature of ACLU's concern,

stating, ``We will challenge the use of the

term `militant activities'. as being im-

proper for denial of benefits on the basis

that it is a violation of constitutional rights

to deny benefits for `militant activities'.

We are going to challenge them to show

that these activities... are illegal. If they're

not illegal, then the board is illegally

-denying benefits for those engaged in

protected activities.''

Santa Clara

Anti Anti-Noise Ban

The Chapter has been raising a racket

over the City of Saratoga's proposed noise

ordinance. Chairman Michael Chatzky

appeared at the Saratoga Council's Oc-

tober meeting to explain the un-

constitutional nature of those provisions of

the ordinance dealing with public

meetings. He cited three `sections:

(1) An ordinance section requiring 30-

days advance notice before a permit for an

event at which amplified sound is used

may be issued in Saratoga violates the

right of free speech in that it ``usurps the

right of a citizen or a group to hold a rally

on a topic of such a timely nature'' that

the 30-day notice cannot be given.

(2) Also in the section on amplified

sound, requirement that an applicant file a

$50 deposit to defray the city's costs in

monitoring the event or responding to

complaints about it, would violate equal

protection rights by favoring affluent

groups over poorer groups who could not

afford the $50.

(3) The ACLU also objects to a section

which would permit the city manager or

his delegate to grant exceptions to the

ordinance when he felt such action was

wartranted, saying this provision would

allow the ordinance to be enforced in a

``notentially arbitrary manner,'' and

would violate both due process and equal

protection rights.

The Council continued its hearing on

the noise ordinance to a future meeting.

Consume'ss "...

an activity subject to absolute con-

stitutional protection in the absence of a

valid state interest justifying limitation or

restriction.'

Kay Pachtner was quite pleased with

the decision and said, ""Judge Rolph's gag

rule and our contempt citation for

violating have been a major inhibition on

the efforts of California consumers to seek

justice. Now that this oppressive order has

been lifted, we can return to the job of

consumer protection without the threat of

censorship hanging over our heads."'

Justice Richard Sims wrote the opinion

for the Court, with Justice Norman

Elkington concurring.

I

October

aclu NEWS

New Members Join Board

Five new members were welcomed to

`the Board of Directors at the October 0x00B0

meeting. Those newly elected to the Board

are:

Norvel Smith:

Mr. Smith has been President of

Oakland's Merritt College since 1968.

His most recent prior service for ACLU

was as a member of the Executive Director

Selection Committee in 1971. He is an

active member of the California Black

Leadership Conference, as well as the Bay

Area Black Caucus. He has served on the

Board of Directors of the Berkeley Co-op's

Twin Pines Savings and Loan Association

-since 1966, and has just joined the Board

of Oakland's First Enterprise Bank this

year. 5

Sally Lilienthal:

Mrs. Lilienthal is a prominent San

Francisco civic leader and organizer. She is

currently serving on the Board of the San

Francisco Citizens League as well as being

a Trustee of the San Francisco Museum of

Art. She and her husband are Co-

Chairman for the Fall fund-raising drive

- for the NAACP Legal Defense and

Education Fund.

Thomas Layton:

Mr. Layton is Vice-President of the

`Coro Foundation. He is also an active

member of the Coalition to End the Death

Penalty, and has arranged for two Coro

s to work for the ACLU is 1972

Thomas Layton

GIVE

An ACLU Membership

ACLU Northern Cal.

593, Market

San Francisco, California

- TURN HOLIDAY BELLS . . .

INTO LIBERTY BELLS

Norvel Smith

(Peter Sheehan and Dorothy Ehrlich).

Layton is currently serving as an advisor

to Californians Against Propsoition 17.

Marshall Krause:

Mr. Krause is known to many ACLU

members from his eight years as Staff

Counsel for the ACLU-NC, compiling a

record of five wins in six cases before the

U.S. Supreme Court before retiring in

1968. He is known throughout the Bay

Area for his frequent appearances with

legal commentary on KQED-TV's

`popular Newsroom program. And _ his

students at San Francisco State know him

for his lectures in Political Science. Krause

served as Chairman of the ACLU

Executive Director Selection Committee

im LOW ie

Virginia Fabian:

Mrs. Fabian is a long-time ACLU

member, who is currently serving as a

volunteer attorney on our suit against the

Bank Secrecy Act. Following graduation

from the University of Minnesota Law

School, as a member of the Order of the

Coif, she became law clerk to the late

Judge Warren Madden of the U.S. Court

of Claims. In recent years she had been in

private practice both in Southern

California and in San Francisco. Besides

finding time to raise five children, she has

been active in many civic, legal and

humanitarian endeavors, including Legal

Aid and the United Nations Association.

Please send a one-year gift ACLU membership and send a gift announcement in my

name at holiday time to the following:

Gift of ACLU membership to:

address

city

Gift Card should read: ``From

Gift of ACLU ES to:

state ZiD

address

city.

Gift Card should read: ``From

_ state zip

Be sure to fill in your own name below as donor

My name

address

city

Basic membership $15 Basic couple membership $25 $

A thoughtful gift for thinking friends who care about

state zip

payment in full enclosed.

the Bill of Rights .. . and an excellent way to increase

ACLU Power and Strength for 1973.