vol. 38, no. 9

Volume XXXVI,

December 1973, San Francisco

news

Bill of Rights celebration, Dec. 16,

to feature I.F. Stone, Warren

`On the occasion of the 182nd An

niversary of the Bill of Rights, the ACLU-

NC Foundation will hold the First Annual

Bill of Rights Day Celebration and

presentation of the Earl Warren Civil

Liberties Award on Sunday, December

16, 7:30 p.m. at the Geary Theatre in San

Francisco.

Guest speaker for the event will be

noted journalist and_ political com-.

mentator, I.F. Stone. Governor Warren

will be present to accept the first casting of

the civil liberties award and ACLU-NC

Board member and Stanford Law

Professor, Anthony Amsterdam, will be

the first recipient of the honor.

Aileen Hernandez, a member of the

ACLU National Advisory Committee,

will chair the event. She is currently the

Western Representative for the National

Committee Against Discriminaton in

Housing and a former president of the

National" Organization for Women

(NOW).

EARL WARREN

I. F. STONE

Professor Amsterdam was largely

responsible for the successful legal fights

against the death penalty in both the

California and United States Supreme

Courts. He will receive the First Annual

Earl Warren Civil Liberties Award,

however, for a long list of achievements in

his brilliant career in the defense of civil

liberties.

Former Supreme Court Justice and

Governor of California, Earl Warren, will

speak after receiving the award that_has

been named for him. Governor Warren is

responsible for several landmark decisions

which furthered civil liberties while he

presided over the U.S. Supreme Court and

the greatest progress ever in the ad-

vancement of the rights of minorities.

I.F. Stone has been writing and com-

menting on events in Washington for

more than 30 years. Born in Philadelphia

in 1907, he has been in newspaper work

since he dropped out of college. He has

been a reporter, editorial writer and

columnist on the Philadelphia Record,

PM, The New York Post, The

Washington Star and the New York Daily

Compass.

. From 1940 to 1946, Stone was

: Washington editor of The Nation. During

the next 19 years, between 1953 and

1971, he wrote and published his own

newsletter, J. F. Stone's Weekly,

which became an institution throughout

the nation for its biting analysis of events

in government, opposition to government

wrongdoing and exposure of official

mendacity. Eventually, the newsletter was

published twice monthly and it had a

drculation of over 60,000. Stone. is

currently a contributing editor of The

New York Review of Books.

In an article published last summer,

Stone became one of the first national -

voices urging the impeachment of

President Nixon. He has studied the

process well and has observed Richard

Nixon throughout his political career. His

analysis of the current dilemma facing our .

country and its system of constitutional

government should be both provocative

and informative which is ``business as

usual'' for IF. Stone.

Entertainment will also be on hand for

the event.

All ACLU members and friends are

urged to attend the gala celebration.

Tickets for the event are only $2.50 -a

person. They are available by mail or at

the door. The box-office will be open at the

Geary Theatre at 5:30 on Dec. 16. To

insure that you get in, send for your

tickets today. They may be ordered by

using the tear-off below and mailing it,

along with your check, to ACLU-NC,

593 Market Street, San Francisco, 94105.

Do it today!

ANTHONY AMSTERDAM

Bill of Rights Day

Celebration Program

Aileen Hernandez, Chairperson

Gov. Earl Warren,

Guest of Honor

Anthony G. Amsterdam,

Award Recipient

I. F. Stone, Guest Speaker-

Mitford fingerprints held by Superior Court

Jessica Mitford, the noted muckraking

author who recently published a study of

the prison business called Kind and Usual

Punishment, was appointed as a lecturer

at San Jose State University last Sep-

tember. She was to teach a course and

conduct seminars on muckraking and

social analysis.

After beginning her lectures at the

campus, she was informed that she must

be fingerprinted by University officials.

She immediately determined to refuse to

be fingerprinted on the grounds that it was

demeaning and an invasion of her privacy.

The school revoked credit from the

students enrolled in her courses and

refused to: pay her. -

Finally, a compromise was reached

whereby Mitford was fingerprinted but the

records were to be held by a Superior

Court Judge rather than the school while

the legality of the fingerprinting

requirement could be tested in the courts.

The school then agreed to restore credit

and pay Mitford.

In Santa Clara County Superior Court,

Mitford is being represented directly by.

her husband Robert Treuhaft,an East Bay

attorney. In addition, ACLU-NC General

Counsel Paul Halvonik filed an amicus

curiae memorandum last month on behalf

of Mitford.

Halvonik argues that the state may not

require fingerprints as a condition of

employment unless it can ``demonstrate

some compelling need.'' He points out

that the Attorney General never explains

"`just why it is necessary that the state

needs Jessica Mitford's fingerprints.''

Two court decisions cited by the at-

torney general held that dragnet ad-

ministrative fingerprinting is justified for

-occupants which generate an unusual

amount of crime. But, in Halvonik's

words, ``unless there has been a staple

raid of unprecedented proportions in the

state college system, Ms. Mitford's work

is not of that kind.''

He continues, "`If blanket finger-

printing may be justified in the securities

and bartending businesses as a precaution

against fraud and theft, what is the.

analogy here? Ms. Mitford has been hired

to communicate information and ideas in

the context of an academic dialogue. Is it

the purpose of the fingerprinting to check

to see whether she has been trafficking in

fraudulent ideas?''

Also, Halvonik points out that the

state's interest surely cannot be to

`identify'? Ms. Mitford for "`from one

end_of the college system to the other, no

one doubts that they have the genuine

article in San Jose.'' He concludes that

the state has shown no compelling, and

therefore legitimate, reason to require

Mitford's fingerprints.

On the contrary, he states that the

requirement violates the Ninth Amend-

ment protections of privacy and the

Fourth Amendment guarantees against

search and seizure. In Davis v,

Mississippi, Chief Justice Warren,

speaking for an unanimous court, said,

that fingerprints may be obtained only

"`under narrowly defined circumstances''

and ``narrowly circumscribed pro-

Continued on page 4

ee SS

Bill of Rights Celebration Ticket Order Form

| mail to 593 Market Street,

Please make checks payable to the ACLU-NC Foundation and

San Francisco, Ca. 94105.

| Please send me____ tickets at $2.50 each. Enclosed is |

: my check for____.

| Name

! Address

! City State Zip

|

|

a ee ee |

2

LG fa

School dress codes challenged on sex basis

ACLU filed a law suit on behalf of five

female students. at Los Cerritos

Elementary School in South San Francisco

last week which challenges the school's

dress codes on sex discrimination grounds.

The suit was filed in Federal District

Court in San Francisco by ACLU

volunteer attorney, Michael Sorgen, a law

professor at Hastings Law School.

Los Cerritos has. a dress _ code

promulgated by the Principal, Emmanual

Damonte, which requires all girl students

to wear dresses to school. Los Cerritos is

the only school in the district with such a

code. Deborah Kavanuagh, Gina Sheets,

Alicia and Tracie Taylor and Jeannie

Mono County case

raises series of civil

Costa all wish to wear pants to school and

their mothers concur that they feel their

daughters would be better protected from

the weather and able to participate in

school athletic activities more safely if

they could wear pants.

In sworn affidavits submitted to the

court, the mothers of the girls explained

- the problems they have had as a result of -

the regulation. Charlene Taylor, the

mother of Alicia and Tracie, said she

worried about the health of her daughters

when they wore dresses on rainy days. She

also explained that Alicia enjoys playing

sports but often cuts and bruises her

knees. When she complained to Damonte,

he told her she should transfer her

daughters to another school, which would.

mean moving out of the district.

Jeannie's mother,

plained that Jeannie ``is an active little girl

who enjoys to play and run just like little

boys'' but feels she can't because she

must wear a dress. Mrs. Costa also ex-

pressed the concern that her daughter was

not warm on ``cold and rainy days.''

Sandra Kavanaugh complained that

"`the school principal is enforcing on my

daughters (Deborah and Gina) his own

concept of what little girls should be and

how they should appear. I want them to be

active and athletic while Mr. Damonte

wants them to be demure, quiet and

passive."'

Diane Costa, ex-:

School dress codes have been challenged

in a. variety of cases on individual liberty

_and privacy grounds but in this legal

action, Sorgen is arguing that the dress

code represents sex discrimination. He

further alleges that the regulation is

"`arbitrary, capricious and unreasonable'' -

and therefore violates the girls' rights to

due process guaranteed by the Fifth and

Fourteenth Amendments.

Sorgen added that the dress requirement

discriminates ``without any rational

reason or justification'' and that ``the rule

was unrelated to safety, health, order or

discipline.'' He concluded that the dress

code was merely an attempt by Damonte

to impose his own concept of style and

taste upon the students.

Mezey-Fresno State case appealed

to California Supreme Court

liberties problems

In the little ski resort town of June Lake in Mono

County, a seemingly insignificant difference of opinion

took place last February. That difference ended up before

a justice of the Mono Judicial District and that's where

the problems started. What happened as a result of the

justice court trial may be only too typical of the state of

justice in the more remote counties of the state.

The facts of the case are relatively simple. James Kline,

the dog-catcher in June Lake picked up a dog named

`"Hank'' and put him in his truck because he wasn't on a

leash. Han's owner, Neil Smith, and a friend, Sherry

Bono, tried to spring Hank from the truck but Kline

caught them. Smith and Kline got into a shoving match

and Bono let Hank loose. Kline found a deputy sheriff and

had Smith and Bono arrested for assault and battery.

At the trial, each side claimed the other started the

fight but the judge refused to allow the defendants to

introduce evidence that the alleged victim (Kline) has a

_ propensity for violence. They wanted to present

testimony that Kline had a reputation for fighting. The

judge ruled that such evidence was inadmissable despite

the fact that California law specifically provides for the

admission of such evidence as a defense.

Nevertheless, Bono and Smith were convicted of

assault, battery, and disturbing the peace. They were

each sentenced to 25 days in jail for the assault, 10 days

for the battery and 10 days for disturbing the peace. All

escept 15 days of the jail sentences were suspended but

the judge also ordered that each of the defendents pay

$400 for the costs of their public defender.

In an appeal filed in Mono County Superior Court last

month, Staff Counsel Joseph Remcho argued that Bono

and Smith should first of all be granted a new trial because

evidence was improperly excluded. Failing that, Remcho

stated that the sentence was entirely ioe on a

variety of grounds.

First of all, he urged that the conviction for assault be

overturned because ``an assault is a lesser included of-

fense of battery.'' in other words, Smith and Bono were

convicted of both ``attempting to commit battery'' and

`*succeeding in the battery.'' California law provides that

the more serious offense is controlling and that the lesser

offense must be reversed. Therefore, 25 days of the

~ sentence should be revoked.

Renicho then turned to the 10 day sentence for

disturbing the peace. Penal Code Section 654 states that

actions which are punishable by sections other than the

disturbing the peace section can be punished under those

sections or that one, ``but in no case can it be punished

under more than one.'' Since Bono and Smith were

convicted and sentenced for battery, they cannot be

punished for disturbing the peace for the same act.

Therefore, the 10 day sentence for disturbing the peace is

also void, according to Remcho.

Finally, he turns to the most serious problem, the

order to reimburse the county for the public defender.

Remcho argues that ``conditioning probation on the

Community groups,

Legal Director Charles Marson filed a petition for a

hearing by the California Supreme Court last month in

the case of Robert Mezey v.. Glenn Dumke. Mezey is tthe

well-known poet who was fired from Fresno State College -

in 1967when, as a probationary teacher of English, he

made the following statement in a panel discussion:

``T'm not urging the use of marijuana. I don't think it's

a big deal, or a status symbol. If you've tried it and you

like it, use it; it won't hurt you. If you haven't tried it

and you don't want to, that's fine too. It is against the

law. But I will take a Thoreau-like position and say that

all laws like that - I mean laws that are so stupid - are

to be broken until the laws are off the books. I mean there

are lots of other laws, like the draft laws and so forth, and,

you know, they are equally vicious laws. People should

not obey vicious laws."'

No sooner had he uttered the words and an incredible

uproar of criticism and calls for Mezey's firing were

directed to Fresno State College President Frederic Ness.

PTA, a juvenile court judge,

benefactors, individuals, newspapers and even some of

Mezey's colleagues all demanded his immediate removal.

Although he received a glowing recommendation from

his department and Dean, Ness eventually terminated

Mezey's employment. Ness claimed that he did not do it

on account of Mezey's statement on marijuana, but for

other reasons which he could not disclose.

After years of going through college grievance

procedures, which by the way eventually recommended

-Mezey's reinstatement, Ness still refused to retain him.

When the controversial matter went before the Fresno

County. Superior Court, all af the judges immediately

disqualified themselves. An appointed judge from Santa

Cruz County heard the case but refused to allow Mezey to

introduce any due processarguments concerning anything

but the grievance hearing. The judge then concluded that

Mezey received a fair hearing and that his Marijuana

statement exceeded legal limits - analogizing it to crying

i fife

in a crowded theater. The Court of Appeal af-

firmed the judgement of the trial court.

Now, six years later, the California Supreme Court is

being asked to review possibly the most celebrated dispute

over the firing of a teacher from a public college in

history. In his appeal to the high court, Marson argues

that Mezey was terminated for his exercise of protected

free speech, that the courts improperly restricted the

scope of their review and that Mezey was ``denied due

process at every stage of the administrative proceedings.''

Marson concludes that in six years of seeking a forum

which will fairly evaluate his claims, Mezey has been

frustrated at every step. In the initial recommendations,

he was excluded. In the grievance hearings, "`he was

forced to argue, in the total absence of charges against

him, that the hearing panel should in effect declare their

superior and his final judge, a liar.

In the Superior Court, he was forced to confine his

claim to exclude constitutional issues. Finally, in the

Court of Appeal, he is first told that evidence supports a

non-existent but implied finding that he was not fired for

speech, and that the real charges against him are to be

found in documents that cleared him. :

Now, the Supreme Court offers the last possible forum

where Mezey might receive a fair hearing. If the Court

accepts the petitions and allows a challenge to the entire

administrative and legal processes he has endured, he

might finally learn what he was actually fired for jf it'

wasn't his speech, and if it was his speech, whether he

was constitutionally fired.

payment of legal fees to court-appointed counsel is an

unconstitutional violation of the Sixth Amendment.'' He

pointed out that indigant persons have a right to court-

appointed counsel and that the threat of having to

reimburse the costs could deter a defendant from ac-

cepting such counsel though he or she may need it. He

therefore urges the Superior Court to eliminate the terms

of probation which require payment of fees.

If the Court does not throw the trial out completely,

Remcho asks that at least the assault and disturbing the

peace sentences be voided and the legal fees dropped.

Then, the Court should credit the defendent's pre-trial

detention to their battery conviction and they will have

already served their time. And the case of the ACLUN_1946 ACLUN_1946.MODS ACLUN_1947 ACLUN_1947.MODS ACLUN_1948 ACLUN_1948.MODS ACLUN_1949 ACLUN_1949.MODS ACLUN_1950 ACLUN_1950.MODS ACLUN_1951 ACLUN_1951.MODS ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1968.batch ACLUN_1969 ACLUN_1969.MODS ACLUN_1969.batch ACLUN_1970 ACLUN_1970.MODS ACLUN_1970.batch ACLUN_1971 ACLUN_1971.MODS ACLUN_1971.batch ACLUN_1972 ACLUN_1972.MODS ACLUN_1972.batch ACLUN_1973 ACLUN_1973.MODS ACLUN_1973.batch 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_1983.batch 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 "haywire''

sentencing will be settled.

Besides, Smith and Bono have given up old Hank -

who started the whole thing in the first place. But, who

could have known that the Justice Court would get things

so turned around anyway.

RENEW

7 Federal judge halts gay

di @ (R) (R) (R) eo. b

iscrimination in jobs

Last month, Federal District Court Judge Alfonso

Zirpoli ordered the U.S. Civil Service Commission to halt

employment discrimination against homosexuals seeking

federal jobs. The case was a class action on behalf of all

_ applicants and current civil service job holders.

The case was brought by Donald Hickerson, an em-

ployee of the U.S. Department of Agriculture, and the

Society for Individual Rights, a homosexual organization.

They were represented by San Francisco Nieghborhood

Legal Assistance. Jeffrey Johnston, an employee of the

Small Business Administration, was also a member of the

class represented by Richard Gayer of the ACLU Em-

ployment Rights Committee.

In his opinion, Zirpoli enjoined the Civil Service

Commission from ``excluding any homosexual per-

sons...because the employment of such persons might

bring that service into the type of public contempt which

might reduce the government's ability to perform the

public business with the essential respect and confidence

which it serves."

Continued on page 4

IMPEACHMENT

Congress is responding to your

demand for impeachment--slowly _

The bombardment of letters and

telegrams received by the Congress last

month `have pushed them into action.

Impeachment proceedings are seriously

underway in the House Judiciary

Committee. Nevertheless, many members

of the House of Representatives are trying

to avoid taking a stand. For a variety of

political reasons, they, like Richard

Nixon, hope to ride out the pressure. The

pressure must not subside, however.

There is more than enough evidence

right now to make it necessary for the

House to draw up: Articles of -Im-

peachment and bring Richard Nixon to

trial before the Senate. Further in-

vestigation and hearings by the House

Judiciary Committee are unnecessary.

What es necessary is a deliberate deter-

mination by the Senate of whether the

actions Nixon has already taken and

admitted are to be permitted under our

Constitution.

He has admitted that he took actions

which obstructed the FBI investigation of

the Watergate break-in. He has admitted

that he lied to Congress and the American

people about the bombing of Cambodia.

He has admitted that he created an extra-

legal police force, the ``plumbers,'' in the

White House who then violated a variety

of federal and state laws. He has admitted

that he authorized wiretaps that were

violations of federal law. He has admitted

that he approved an illegal program for

political surveillance using such methods

as burglary and mail interception.

These facts are not in dispute. All of

these admissions can be found in Nixon's

_ own public statements. They alone

Impeachment activity to

continue and expand

ACLU is -conducting impeachment

campaigns in every state in the country.

Organizing is going forward to mobilize

citizens in every congressional district.

Materials are being printed and newspaper

ads have been spurring the campaign on |

from Maine to Hawaii.

Here in Northern California, the

response from you, our members, and .

other concerned citizens has been

overwhelming. In the first three weeks of

the impeachment campaign 1984

petitions bearing 24,700 names were

collected in Northern California. These

have all been sent to Representative Peter

Rodino, Jr., Chairman of. the House

Judiciary Committee. In addition, the

peititons were broken up into

congressional districts and copied with the

copies going to each district's

congressman.

In a letter to Rodino and the Northern

California Representatives, ACLU

Executive Director Jay A. Miller stated,

`four country cannot withstand any

longer the turmoil and uncertainty that

will continue if-you and your colleagues

delay any further in this matter.'' He

added. ``that clearly defined grounds for

- impeachment now exist and hearings or

investigations should be left to the

Senate."'

We hope the petitions will continue to

come in. We plan to ship them to

Washington every two weeks to keep the

pressure on for impeachment.

Most important of all, is that im-

peachment activity be going forward in

every congressional district. The cam-

paign cannot be run from Washington or

San Francisco but from your own district.

It is imperative that chapters become

involved at the local level and continue

exerting pressure through letter writing

and circulation of petitions.

The Affiliate office will be able to supply

impeachment petitions,

speakers and bumper stickers. Also, we

have compiled the lists of people who

responded to the newspaper ads and have

forwarded their names to the chapters.

A four page Special Impeachment Issue

literature, (c)

of the ACLU News was just printed and

these are available as our basic literature.

They can be used to prepare persons to

speak on impeachment, to educate other

people and convince them, as well as

learn about impeachment ourselves. The

newsletter contains the charges ACLU has

made against President Nixon, the

evidence behind those charges, a history

of impeachment, a message from ACLU

Washington National Director Charles

Morgan, and a list of things to be done by

individuals to achieve impeachment.

Our mission is not accomplished and

much more work lies. ahead. Many

members of the House are fervently

hoping that letters in favor of im-

peachment will stop once they return from

Christmas recess. They hope the whole

problem will disappear over the holidays

and that they will not be forced to do their

duty. We can't let that happen. Our goal is

to have well-organized groups in each

district to form `"`Committees of

Correspondence'' by January. No

Representative should be able to say that

the public clamor for impeachment has

subsided and we must not think we have

done our part by writing one letter.

`Letters to Congressmen in Northern

California have dropped 70 per cent since

the first week of November. They are still

receiving many letters however and we

must add to the total. Letters are even

`more important than the petitions.

These are the times that

try men's souls. The summer

soldier and the _ sunshine

patriot will, in this crisis,

shrink from the service of his

country; but he that stands it

now, deserves the love and

thanks of man and woman.

Tyranny, like hell, is not -

easily conquered.

Thomas Paine, 1776

represent serious abuses of executive

power and yet the House drags its feet. By

doing so, they ignore their duty and

prolong the agony the American people

wish would go away.

The publicly known facts require

impeachment now so that these issues

may be settled by the Senate. The House.

of Representatives must not be allowed to

evade its duty by delaying action until the

"`heat is off."'

It is time to begin ae direct -

questions of our Representatives: ``How

can you agree that these abuses have taken.

place and not push for impeachment

immediately? How can you fail to begin (c)

the trial at once that alone can resolve this

constitutional crisis?''

__ If Richard Nixon is not impeached, any

future President will be able to point to

these times and anoles taking the

same unlimited powers. If the Bill of

Rights can be set aside at will by any

President, then they are meaningless.

The movement for impeachment grows

out of deep conviction. It is non-partisan

and broad-based. Over a million letters

and telegrams have already been written to

Congress. Besides ACLU, many other

organizations, including the 13.5 million |

member AFL-CIO, are committed to

impeachment. We must make our

Representatives know that we are staying

with it. If you have already written, write

again. Make it clear that in the 1974

elections, only those who have done their -

duty in preserving constitutional

government can count on your support.

We've made Congress take im-

_peachment seriously. Now we have to

make them do it.

filiate office.

`We can succeed if

we all do our part'

Editor's note: Rita Friedman is a

volunteer who will be coordinating. the

impeachment campaign out of the Af-

Anyone who wants in-

formation or materials should call her at

433-2750,

Dear ACLU MEMBER:

If Richard Nixon does not face trial

before the U.S. Senate for the actions he

has done as President, the American

people will have no one but themselves to

blame.

Public indignation, coupled with a

massive letter writing campaign forced the

House of Representatives to take the

initial steps toward the process of im-

peachment. Public apathy will keep the

process from reaching its final stage -

impeachment. We don't get to vote on it;

only the House of Representatives can

impeach.

Several impeachment resolutions are

currently before the House Judiciary

Committee. They could remain there

indefinitely. Public outcry can force the

issue to the floor of the House. Pressure

on each representative from the members

of his or her constituency is the only

means we have of forcing the issue. This

_can only be accomplished by inundating

each representative's office with mail

demanding that he take immediate action.

The flow of mail must not slow down.

The pressure must continue. We must

make impeachment an issue in the 1974

elections and we must keep the letter

writing going right up until the House

acts. Each individual must take the

responsibility to write and to get as many

others as possible to write.

_ Gallup polls, television commentaries

and editorial endorsements are helpful,

but the bulk of the burden lies on each of

us. We can succeed if we all do our part.

Sincerely,

Rita Friedman

Letters to Congress decreasing

Spot checks on a number of representatives. in Northern California show a

tremendous decrease in the volume of mail received on impeachment. Should this

decline continue they will have the opportunity to claim that the American people

have been satisfied and no longer demand the impeachment of Richard M. Nixon

Nov. 1-20

Representative Oct. 22 - Nov. 1

Clausen, Don 1,500 per week 150 per week

Legett, Robert 800 per week 125 per week

Dellums, Ron 3,500 per week 1,000 per week

Edwards, Don 5,383 per week

Stark, Pete 2,500 per week 75 per week

Waldie, Jerome 4,350 per week - 1,000 per week

_ Howard Jewel, Chairman of the Board

aclu NEWS

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

and November-December ey

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

Mike Callahan , Eastor 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

wv

CHAPTERS

San Francisco"

At its annual meeting, held Nov. 18th,

the San Francisco Chapter, ACLU-NC

elected the following new members to its

Board of Directors: John Bryan, editor of

the San Francisco Phoenix; Diene Bull,

member of the Board of Directors of S.F.

Family Service; Francis Dillingham,

founding member of SF African-American

Historical - Cultural Society; John

Hansen, attorney; Joyce Ream, member

of the Exec. Board of S.F. PTA. Re-elected

to the Board were: Arthur Brunwasser,

Seymour Farber, Bruce Krell, Norman

Posner, Warren Saltzman,

Sarasohn and Fran Strauss.

The S. F. Chapter will be sponsoring a

preview showing of the LF Stone's

Weekly, a documentary recently shown

and acclaimed in New York and

Washington, D.C. Another feature of

special interest to ACLU members will be

shown in addition to the documentary.

PLACE: THE CLAY THEATRE,

2261 Fillmore St.

PRICE: $4.00 per ticket.

DATE: Early January - probably the

9th or 10th.

For specific date and for the making of

reservations, contact: Seymour Farber at

Gay rights

_ Continued from Page 1

. Although homosexual individuals have

previously been reinstated in their

government positions for violation of their

constitutional rights, this is the first time

that a federal judge has ordered the Civil

Service Commission to henceforth cease'

its discriminatory policy. There are no

indications at present whether the

government intends to appeal the ruling.

Zirpoli's order extends to applicants

and current job holders only - not to those

who have been fired in the past. It also

applies

forceable only in the Northern Distrtict of

California, where Zirpoli's

contempt power .The order still permits the

Commission to exclude gays, but only if it

can prove a strong possibility that the

government's ability to function will be

impaired. The Commission can no longer

simply reject gays to avoid possible

governmental embarrassment.

This case represents the first time that a

court has sustained a class action for

homosexuals in government employment.

Previously, only individual plaintiffs were

able to win victories and their jobs. Zirpoli

recognized however that this left gay

employees at the considerable disad-

Peggy -

981-0140 or Warren Saltzman at 586-

6346.

Yolo

As one of our newest chapters, Yolo

has been busy getting organized and

establishing priorities. Some of the major

concerns of the chapter are: better

protection of juvenile records, collecting

pay for a conscientious objector who

refused to take an oath, and an ongoing

`review of the civil rights of inmates in the

County Jail.

Other activities include employment

rights of older persons and_ other

discrimination problems especially in

housing. A ``watchdog'' or intake

committee under the leadership of Dan

Calhoun (756-0489) has also been

established to sort out problems presented

to the chapter.

Recently, a legislative committee was

organized to deal with civil liberties issues

in the county as well as in the state capital.

This activity is chaired by Tom Stallard

(Woodland - 666-0154). Any one in-

terested in volunteering for this effort

should call him.

Other people who are in charge of

activities are Jarvis Bastian (756-3501) in

vantage of having to engage in costly

litigation if they were dismissed The class

action avoids the necessity for each in-

_ dividual to file a separate lawsuit.

Gayer commented that ``like women

and minorities, gay people clearly diserve

the equal protection of the laws without

suffering stigmatization just because of

_ their sexual orientation. Although it is

hard to believe, it is inescapable that Mr.

Johnston, a- publicly | declared

homosexual, is safe and secure in his job

with the Federal Government!"'

charge of the Information Committee and

Chapter Chairperson Tom Vasey (753-

5913) who is coordinating the chapter's

impeachment activities in conjunction

with the Yolo Citizen's Committee to

Impeach Nixon.

Oakland

The Chapter of the ACLU-NC is alive

and well and dealing with issues involving

CORPUS, the jail, women's affirmative

action, and impeachment.

CORPUS activities are now centered on

helping to find possible appointees to a

citizen advisory and audit committee

responsible to the Alameda County Board

of Supervisors. The Chapter hopes in-

dividuals will be appointed who will push

hard for civil liberties concerns in the

areas of purging, updating, and correc-

tions. discrimination of information, and

input of information.

The Committee dealing with CORPUS

is also concerned about the proposed new

mental health computer and have actively

been investigating the matter.

The last issue of ACLU NEWS carried

some misinformation about the CORPUS

system. Although there are serious areas

for civil libertarians to demand changes,

the case was overstated and indicated that

December 31, 1973 is the last day on

which contributions to the ACLU-NC

Foundation may be deducted for_ tax

purposes in 1973. If you plan to contribute

to the Foundation, do it right away.

nationwide but may be en- |

court has

Renewals

This year, the membership year is being

pushed back one month so that it coincides

with the calendar year. Hopefully, this

will end some of the confusion from past

years.

You will receive membership renewal

notices in the first week of January rather

than in December.

Nevertheless, by the time you get your

renewal notices in January, money will be

tight so please respond as soon as possible

so that we don't waste a lot of money on

the Post Office and a mailing house

sending you later reminders.

Fingerprints

Continued from Page 1

-cedures'' to comply with the Fourth

Amendment. Halvonik argues that such

limitations should preclude dragnet

fingerprinting procedures.

Finally, Halvonik argues that the

California Supreme Court has already

defined the prerequisites a state agency

must meet to deny an individual a con-

stitutional right: the violation must relate

to the purposes sought by the action; the

value to the public must manifestly

outweigh the resulting impairment of

rights; and, there must be no less sub-

versive alternative available. Halvonik

argues that the state has not proven even

one of these requirements.

If Jessica Mitford succeeds in the

courts, her fingerprints which are now

being held by the judge will be destroyed.

Otherwise, San Jose State will get them to

file who knows where.

_ reports on activities dealing with the jail

the county was not taking any steps to

insure civil liberties. This is not so.

The affirmative action committee was

represented before the Board of Super-

visors by attorney Ken Kawaichi who

addressed the issue presented by the

Women's Action Training Center op-

posing the allocation of revenue sharing

funds to the Park Department without an

active affirmative action hiring plan in

operation.

Representatives of the jai] study and

Prisoners' Rights Committee have met

with the consultants who are doing a

feasibility study for the county and have

found them to be most cooperative and

showing a real concern and interest in

exploring progressive points of view.

The jail study Committee like other

Board Committees is looking for more

individuals who will be willing to spend

time doing things to improve the quality

of life we lead within our community as

they reflect' ACLU concerns.

The December 19 meeting will be held

at the Sumitomo Bank in Downtown

Oakland at 8:00 p.m.

A presentation of the ACLU position on

impeachment will be given. Committee

'

affirmative action, and computers will also

be heard. Everyone is welcome to attend.

Mid-Peninsula

The Mid-Peninsula Chapter is eager to

hear from its membership.

There are too few of us on the Chapter

Board to work on some important civil

liberties priorities - Impeachment,

prisoners' rights, women's rights, -vic-

timless crimes, fund-raising, public

education programs - and we have no

funds with which to communicate with

you. Is there a civil liberties issue about.

which you feel so strongly that you would

be willing to work for it? We are ham-

strung on any ambitious projects without

theactive support of our membership!

Would you be willing to do simple

volunteer work?

Call Larry Sleizer, 325-9074, for more

information.

You are welcome to come to our

meetings - held the last Thursday of every

month (no meeting in December) at 8

p-m., in All Saints Episcopal Church

(upstairs), at the cornet of Waverley and

Hamilton in Palo Alto.

To find out exactly what we're doing on -

a month-to-month basis, you may acquire

a year's subscription of the minutes of our

meetings by sending $2 and your address

to Ann Gregory, 1285 Bay Laurel Drive,

Menlo Park, 94025.

b

| Please send me____copies of the Street Musicians LP at $4.00

each. Enclosed is my check for

The San Francisco Street Musicians Record Album

is a great holiday gift idea!

You must order your albums today however to be sure they are delivered in time.

Mail the L P's with a gift card to the enclosed list.

Send LP's and jackets to me directly. -

Send the LP's directly fo me.

ZIP

There is still time to order this great stereo record album for those last minute holiday gifts.

(plus 50c mailing and handling)

ACLU-NC Record Sales

593 Market Street,

San Francisco, Ca.

94105