vol. 44, no. 7

Inside - H-Bomb Case, Chapter Conference, No on Prop. 1

u news

Volume XLIX

October 1979

`No. 7

ACLU Suit Knocks Out Jail Bugs |

"Jules Feiffer

- Joan Baez

Bill of Rishts Award to Baez:

Feiffer Will Give Keynote

The seventh annual Earl Warren

Civil Liberties Award will be presented

to veteran activist and musician Joan

Baez at the Northern California

ACLU's Bill of Rights Day Celebration

on Sunday, December 16, at the Sher-

aton Palace Hotel, San Francisco. The

theme of this year's Bill of Rights Day

Celebration is ``Many a Mile to Free-

_dom,"' the title of a Baez composition

- which aptly describes the long and com-

plicated civil liberties battles that face

the ACLU today. The keynote speaker

for the event, who will address some of

these issues, is the noted cartoonist and

social commentator, Jules Feiffer.

The Board of Directors of the ACLU-

NC selected Joan Baez as the award

This year, Joan Baez will join the

ranks of distinguished recipients of

the Earl Warren Civil Liberties

Award (established 1973) who have

all made major contributions to the

cause of civil liberties and justice.

Previous recipients have been: jour-

nalist Carey McWilliams and

women's rights advocate Harriet

Pilpel (1978); ACLU attorney

Francis Heisler (1977); Supreme

Court Justice William O. Douglas

(1976); ACLU-NC founders Helen

Salz and (posthumously) Alexander

Meiklejohn (1975); former Cali-

fornia Supreme Court Justice Roger

J. Traynor (1974); and Stanford Uni-

versity law professor Anthony G.

Amsterdam (1973).

recipient last March. A singer by trade,

she is an activist by nature, and her civil

liberties record is laudatory. For 20

years, her familiar music has inspired

those fighting for freedom and has

educated the listening public on such -

issues as the rights of workers, free

speech, civil rights, abolition of capital

punishment and draft resistance.

In 1962, when she discovered on her

first national concert tour that she

could not perform for blacks at white

colleges in the South, she embarked on

a tour of only black colleges, thereby

successfully integrating Southern audi-

ences. In 1963, already an established

folksinger, she refused to appear on

ABC-TV because that network had

blacklisted Pete Seeger; the following

year she echoed that commitment to the

First Amendment by being actively in-

volved in the Berkeley Free Speech

Movement. During the Vietnam War,

Baez made hundreds of speeches

encouraging young men to resist the

draft, and in 1967 was herself arrested

and imprisoned for civil disobedience at

the Oakland Induction Center during

the draft resistance campaign.

In presenting the award to Joan

Baez, her noted involvement with the

ACLU of Northern California is of spe-

cial significance. In 1972; she volun-

teered a benefit concert to support the

ACLU-NC's campaign to defeat the

death penalty initiative. In 1977, Baez

participated in the ACLU-NC's Rally

Against the Death Penalty at San

Quentin. That same year, Baez sent a

(more page 8)

_ Privacy Rights

_ Due Detamees

People in jail who are awaiting trial

have a state-guaranteed constitutional

right to privacy, a California Court of

Appeal ruled on October 9, reversing 20

years of U.S. and California judicial

precedents.

The 2-to-1 decision came in response'

to an ACLU suit against the San Mateo

County Sheriff's practice of covert elec-

tronic monitoring and tape- recording

conversations between prisoners

awaiting trial and their visitors, as well

as conversations between prisoners in

their cells.

"The detained citizen does _not auto-

matically forfeit his basic civil rights as

soon as the jailhouse door clangs shut,"

said Presiding Justice John T. Racanelli

in the majority opinion.

The majority ruled that the Califor-

nia State Constitution guarantee of pri-

vacy extends to accused prisoners

awaiting trial in jail. The privacy pro-

vision was added to the state constitu-

tion by the voters in 1972.

"The decision is particularly signifi-

cant in light of recent U.S. Supreme

Court decisions which have disregarded

the constitutional rights of incarcerated

persons,' commented ACLU staff

counsel Alan Schlosser, who argued the

~ case before the Court of Appeal.

"It is a strong indication that the

California courts still continue to

recognize that prisoners have consti-

tutional rights, and that, until they

are convicted, California citizens must

be treated with the traditional

presumption of innocence,'' Schlosser

added.

Schlosser said that this was the first

case in the country to hold that jails

could not engage in systematic surveil-

lance of prisoners' conversations.

Justice Racanelli's opinion called

"Orwellian" the position of San Mateo

officials "`that every detained citizen has

no right to private conversation with

anyone other than counsel."'

The San Mateo practice of moni-

_ toring prisoners' conversations with

visitors first came to light in the course

of the Patty Hearst trial when San Ma-

- teo Sheriff John R. McDonald testified

that recording prisoners' conversations

with visitors was a routine practice.

The ACLU first brought suit in 1976

and argued that pre-trial detainees are

presumed innocent of a crime and did

not lose their constitutional rights just

because they could not afford to post

bail and, therefore, had to await trial in

jail.

In 1977, a San Mateo Superior Court

Judge, in response to the ACLU suit,

ordered the county sheriff to stop

monitoring prisoners' telephone

conversations, but the court rejected

(more page 6)

Court Accepts Challenge

To Abortion Funding Cuts

Medi-Cal financed abortions will

continue without restriction, probably

at least for another year, as a result of a

state Supreme Court decision on Sep-

tember 20 to accept ACLU-sponsored

challenges to the 1978 and 1979 State

Budget Acts.

The legislature cut Medi-Cal funding

for abortions by over 90% in each of the

_last two years. However, the cuts have

not gone into effect because of a series

of ACLU-initiated court actions.

ACLU Staff Counsel Margaret

Crosby, said, ``This decision will have a

great impact on thousands of California

women who depend on Medi-Cal

funding.

`"`Now that the Court has accepted

our petition to hear the cases (Commit-

tee to Defend Reproductive Rights y.

Myers, and Committee to Defend

Reproductive Rights v. Cory) their

August 9 order stopping the implemen-

tation of the legislature's cuts will re-

"main until the Court reaches its final

decision, which will no doubt be past

the end of the current state budget year

July, 1980," explained Crosby.

The ACLU, the National Center for

Youth Law, and four other public

interest law firms, first brought suit in

August, 1978, on behalf of a coalition

of Medi-Cal recipients, health care pro-

viders, taxpayers, women's groups and

welfare rights advocates when the state

legislature acted to restrict the Medi-

Cal funds. A second suit was brought in

early August, this year, after the

legislature repeated its 1978 action.

The ACLU argues that all women

have a constitutional right to choose to

have an abortion, but the state _politi-

cians are using their financial budgeting

power to coerce over 8,000 women a

month to continue unwanted pregnan-

cies.

October 1979

aclu news

Govt. Censors Bomb In California

but also their Monday afternoon announcement to drop their major case against

When the ACLU staff spent some hectic hours late on Saturday night and early

Sunday morning in mid-September planning how to fight a temporary restraining

order on The Daily Californian they never imagined that their work in those wee

hours would change the outcome of one of the major press freedom cases in U.S.

history.

But in fact, the announcement to the government by ACLU-NC staff attorney |

Amitai Schwartz and cooperating attorneys Steve Mayer and Mark Topel that

they would challenge the government injunction prohibiting the Daily. Cal from

`printing Charles Hansen's letter about the H-Bomb, and the simultaneous pub-

lication of that same letter by The Madison Press Connection, affected not only |

_ the government's Monday morning decision to drop the Daily Cal injunction,

by Elaine Elinson

When Federal judge Robert Warren

issued an injunction at the request of

the government of the United States

barring The Progressive from printing .

and distributing an article about the H-

Bomb, he said that he had "`agonized"'

over the decision and did not welcome

- the "notoriety" it would bring him.

Since that March order abridging by |

prior restraint the freedom of the press

notoriety has reached far beyond that

particular judge.

Though Progressive editor Erwin

Knoll justly celebrated the lifting of the

injunction as a "clear cut victory not

only for The Progressive but also for the

American people,'' those who concern

themselves primarily with the civil liber-

ties aspect of The Progressive case and

the legal actions it spawned including

the ban on the Daily Californian

publication of the Hansen H-Bomb

letter, must continue to agonize.

For the first time in U.S. history, a

prior restraint actually operated for six

months. The 1954 Atomic Energy Act

secrecy regulations remain unchanged.

The fact of that prior restraint and the

AEA regulations remain as dangerous

precedents for future use by other

administrations and other courts.

In the 1971 Pentagon Papers case,

when a temporary restraining order

remained in effect against The New

York Times for only two days while the

justices were examining the arguments,

the Supreme Court firmly adjudged

that the First Amendment guarantees

of freedom of speech and of the press

March: Milwaukee, Wisconsin

- were

`specifically ruled out prior restraint.

Prior restraint can only be used in the

most explicit of circumstances, when

publication will "`surely result in direct,

immediate and irreparable damage to

our nation and its people.' Even the

government conceded that The

Progressive article did not fall within

this narrow restriction, and yet the

injunction remained.

The frantic response of some sup-

porters of the government position is

that general publication of The

Progressive article, Hansen's letter, or

other technical analyses of nuclear

weaponry threatens the future of civili-

zation by making this information

' available to ``unstable governments"' or

`nuclear terrorists."

The fact is that even according to

leading nuclear scientists, there is no

way that the technical concepts des-

cribed in the Morland article or the

Hansen letter could have been used as a

blueprint to actually produce a nuclear

weapon. Hansen, with his vast know-

ledge and technical expertise said, "I

don't even know how to make an H-

bomb. It would be much easier to steal

a bomb at some poorly guarded military

base."'

| The government supporters dismiss

the substantive question of freedom of

the press by asserting that if the press

`responsible', government

censorship would be unnecessary

because no publication would be reck-

less enough to print material on thermo-

nuclear weaponry.

If the press would only censor itself,

The Progressive magazine.

For the present, the litigation has ended, but the legal and constitutional issues

raised are still reverberating. When the government succeeded in winning an in-

junction against The Progressive's article on the H-bomb, they obtained the first

lengthy prior restraint order ever issued against the press. The fact that the article

was about nuclear technology is perhaps even more significant - evidence that the

nuclear age forebodes some of the gravest threats to civil liberties my which the

ACLU will have to contend.

An outline of the sequence of events in `"The H-Bomb Case", and an analysis of

the civil liberties issues involved follows below.

then the government would indeed be

put out of the censorship business -

that much is correct. But the social and

political costs would be direct, immed-

_iate and grave. The government would |

be left to monopolize information re-

motely technical on nuclear weaponry.

The technocrats would become the

political arbiters, and the press would

become the docile purveyors of infor-

mation which has been sanitized for

public consumption.

The Progressive and Daily Cal cases

have also lifted the lid on the whole

Pandora's box of secrecy regulations

particular to the nuclear industry.

Knoll has stated, "Our purpose has

been to raise the issue of secrecy and to

alert Americans to the nuclear arms

race.'

"We scientists ,

recognize our inescapable

responsibility to carry to

Ourfellowcitizensan -

understanding of the

simple facts of atomic

energy and its implications

for society ... There is no

secret and no defense;

there is no possibility of

control except through the

aroused understanding

and insistence of the

peoples of the world."

Albert Einstein

H-Bomb News Countdown

September 12: 7th Circuit Court of Appeals (Chicago)

`Hansen also explained, "`I'd like to

bring nuclear weapons out of the closet

and have open, public discussion about

them.'' Both men are echoing the

warning of Albert Einstein made

shortly after the discovery of the atomic

bomb that an informed citizenry is the

only defense. against nuclear destruc-.

tion.

One of the monsters that has fod

out of the box into public view is that

previously little publicized fine print of

the Atomic Energy Act of 1954. It says

that any information pertaining to

nuclear weapons, nuclear materials, or

nuclear energy is data "restricted at

birth'', unless the government specifi-

cally declassifies that information.

__ This statute is at the heart of the gov-

ernment's case for censorship. It

mattered not that Howard Morland and

Charles Hansen researched unclassified,

publicly available data, analyzed it in the.

privacy of their own minds, and wrote up -

' their independent conclusions. The

restrictions of the Atomic Energy Act

_ meant that the dissemination of their very

thought processes was illegal.

The vigilance of the ACLU becomes

even more immediate as nuclear tech-

nology and its particular secrecy

become more common. As former U.S.

Attorney General Ramsey Clark

explains, `""The present [government]

policy of secrecy is a fatal abdication of

a founding principle.

"The U:S. Government has violated

the first right of the people - unfet-

tered communication - and threa-

tened our existence."'

The Progressive magazine plans to publish an article by freelance author

Howard Morland entitled "The H-Bomb Secret: How We Got It, Why We're

Telling It."

March 9: U.S. District Court (Western Wisconsin)

U.S. government seeks and obtains a restraining order prohibiting The

Progressive from printing Morland' s article.

March 16:

ACLU enters the case as amicus curiae at the request of The Progressive.

March 26: U.S. District Court (Western Wisconsin)

Court grants injunction barring the publication of Morland's article.

| April 5:

ACLU: agrees to represent Eerie editor Erwin Knoll and managing editor

Samuel Day.

May:

The Progressive May issue includes "T he pale Behind the H-Bomb Article

We're Not Allowed to Print."'

May 10: Los Alamos, New Mexico

An ACLU researcher examining data related to the H-Bomb witiele at Los

Alamos Scientific Laboratory has material taken from him by government

officials. :

May 12: Los Alamos, New Mexico .

The government closes public portion of the Los Alamos Scientific Lab er

August 27: Palo Alto

Charles Hansen, a computer programmer with an interest in nuclear weaponry

and government secrecy, writes an 18-page letter to Senator Percy (R.-IIl.) with

copies to several newspapers about the H-Bomb and criticizes government

classification of nuclear information.

The Progressive appeal hearings begin. Court rejects government motion to

close the hearings to the public.

September 15: Hillsborough, California

At the government's request, Judge Robert Schnake of the U.S. District Court

issues an order prohibiting the Berkeley student newspaper, The pay Cor

_ nian from printing Hansen's letter.

September 16: San Francisco

ACLU-NC attorneys announce that they will be seeking to vacate the temporary

injunction against the Daily Cal as soon as the court opens on Monday.

Madison, Wisconsin

The Madison Press Connection prints a special Sunday edition with the full text

of Hansen's letter.

- September 17: San Francisco

Government seeks to vacate the temporary restraining order against the Daily

Cal, prompted by the publication of the Madison Press Connection and the

ACLU-NC challenge. -

San Francisco

ACLU-NC holds a press conference to announce the lifting of the Daily Cal

restraining order by Federal Judge Sam Conti.

Washington, D.C. -

The U.S. Government announces that they will withdraw the case against The

Progressive and the Daily Cal.

Madison, Wisconsin

_ The Progressive announces that they will run the original Morland article | in 0x00A7.

their November issue.

September 18: Berkeley

Bay Cal eres a summary of Haney letter.

October 1979

aciu news

Street Ordinance

- Repealed in S.F.

On September 7, Mayor Dianne

Feinstein signed into law a new ordi-

nance to replace San Francisco Police

Code sections 20a and 20b which pro-

hibited obstructing sidewalks and

standing in doorways without oe

owners consent.

The old ordinances were repealed

after an ACLU-NC taxpayers suit

(Ramey v. Gain) was brought to protest

the unconstitutional sweeping nature of

arrests based on the vague and over-

broad restrictions of blocking the side-

walk and standing in doorways found in

the old law. In nearly all the arrests

made, charges were dropped and none

went to trial. Since ACLU first brought

the lawsuit in May, arrests under 20a

and 20b.decreased by 90%.

ACLU (c) staff attorney Amitai

Schwartz hailed the repealing of the old

ordinances as a victory and explained,

"The new law gives less discretion to the

police in picking up persons who are

allegedly obstructing the sidewalks, and

gives less discretion to prosecutors in

manipulating the treatment of those |

arrested. We will, however, be watching

the situation very closely as new police

practices unfold over the Coe

months."

Lobbyists' Rights

Freedom of political expression for

lobbyists has been extended as a result

of a recent California Supreme Court

decision. On August 23, in the case of

the Fair Political Practices Commission

_v. Superior Court, the Supreme Court

ruled in agreement with an ACLU-NC

amicus brief that a ban on political con-

tributions by lobbyists was unconstitu-

tional. |

The Court found that the ban, origi-

nally imposed. by Proposition 9 passed

in 1974 violated lobbyists' rights to free-

dom of association.

Cooperating attorney Ruth M. Simon

prepared the ACLU-NC's amicus brief.

Drug Clinic Raided, Records Seized

Police officers who raided a San

Francisco methadone clinic and seized

patients' records violated federal regu-

lations and the California Constitution,

claims the ACLU in a class action law-

suit filed on behalf of the patients on

August 28 in the San Francisco Superior

Court.

Working from an anonymous tip and

carrying a search warrant, San Francisco

and San Mateo police, who were investi-

_ gating a murder, raided the Methadone

Clinic at San Francisco General Hospital.

The murder case did not involve clinic

operations.

~The ACLU is representing several

clinic patients in a suit seeking to force

the police to return the records and

destroy all copies. The suit also seeks a

declaration that the raid was illegal and

seeks to protect the patients from any

police harassment for bringing the suit.

Staff counsel Amitai Schwartz said

that patients had volunteered for the

drug treatment program with the

understanding that their privacy as

guaranteed by the state and federal law

would be respected. "By invading this

clinic and seizing these patients'

records, the police have seriously hurt

the credibility of the clinic and may

have caused real harm to the patients."'

ACLU staff attorney Schwartz and

cooperating attorneys, Neil Horton and

Earl Osborne, are challenging the

methadone clinic raid on the grounds

that the. California Constitution guar-

antees of personal privacy and of

unwarranted search and seizure offer

protection to uninvolved third parties.

In addition, there are federal regula-

tions which specifically protect the pri-

vacy of patients in drug treatment pro-

grams.

In 1972, Congress passed legislation

which recognized that police interfer-

ence could hurt drug treatment pro-

grams. In 1975, the Secretary of Health,

_ Education and Welfare issued regula-

tions to carry out the act, which

required that whenever patients'

records are sought, the clinic be given a

chance to be heard in court with an

attorney.

The Methadone Clinic at S.F. Gen-

eral, run by the City and County of San

Francisco in conjunction with the Uni-

versity of California, operates a

federally funded methadone program

with volunteer patients.

"Our clients are afraid,' Schwartz

explained. ``They've had experience

with the police in the past. When they

entered this drug treatment program,

they thought they were taking a step

toward living a normal life.

"Now the police have their names

and photographs. Police agencies have

a practice of sharing all sorts of infor-

mation with each other, no matter what

the source.

"Who knows where the records of

these volunteer patients might end

up?"

Cop Search Challenged:

Attorney's Arrest Appealed

by Steve Arnold |

Eleanor Kraft, a Santa Clara attor-

_hey convicted of obstructing police

during a search of her client's home,

- will be represented in her apped by the

ACLU-NC.

Kraft was visiting her client's

Sacramento home when ten armed men

burst through the front and side doors.

`None of the men wore police uniforms.

They announced that they were police

and were going to search the house.

Kraft immediately announced that

she was an attorney and demanded to

see their search warrant. She was told

the warrant would only be presented

after the officers had secured the house.

"She repeated her demand to see the

warrant.

Her arrest for obstructing the police

in the discharge of their duties was

based on her repeated verbal demands

to see the warrant. She did not physi-

cally hinder the police, nor stand in

their way.

During her trial, the judge instructed

the jury that the police are not required -

to present a warrant at the poe of a

search.

The ACLU-NC is appealing the deci-

sion on the grounds that Kraft's

demands to see the warrant are pro-

tected by constitutional rights. Firstly,

the warrant should serve to assure the

householder that a police search is legal

and has been authorized by the courts.

Kraft was exercising her right for such

assurance that the plain-clothes officers

were indeed police with a legal warrant.

Secondly, whether Kraft was right or

wrong in her assertion. Her verbal

. protests were protected by the First

Amendment and cannot be grounds for

arrest.

She had the right to argue what she

believed to be questionable police con-

duct, so long as she did not physically

obstruct the officers.

The ACLU argument also asserts

that because the judge incorrectly

instructed the jury that police do not

have to show a warrant on demand, he

therefore prejudiced the case in favor of

the prosecution.

8 issues a year, monthly except bi-monthly in January-February, June-July,

August-September and November-December

Second Class Mail privileges authorized at San Francisco, California

Published by the American Civil Liberties Union of Northern California

Drucilla Ramey, Chairperson Dorothy Ehrlich, Executive Director (2)

Elaine Elinson, Editor Michael Miller, Chapter Page 2

ACLU NEWS (USPS 018-040)

814 Mission St. -Ste. 301, San Francisco, California 94103-777-4545 -

Membership $20 and up, of which 50 cents is for a subscription to the aclu news

and S50 cents is for the national ACLU-bi-monthly publication, Civil Liberties.

New News Editor: From Magna Carta to Bill of Rights

Finding illustrations for ACLU News

stories is often difficult and more than

one editor has borrowed liberally from

the artful publication of the National

Council for Civil Liberties (NCCL), the

British equivalent of the ACLU.

When the ACLU-NC went looking

several months ago for a new News

editor and public information director,

hiring former NCCL Public Relations

Officer Elaine Elinson seemed, well,

almost like hiring a friend of the family.

Elaine, the most recent addition to

the ACLU-NC staff, has had political

-and press experience on three con-

tinents.

Until last July, Elaine was the press

assistant for a 750,000-member British

public employees union.

; Before her union work, Elaine spent

_two years with the NCCL where she

took on publicity, membership, and

fund raising. She was also responsible

for NCCL "groups," similar to ACLU

chapters.

Elaine spent several periods with the

United Farmworkers, first as an

organizer in the United States, and

later as an overseas representative for

the grape boycott based in Great

Britain and Scandinavia.

Elaine's journalism career began

when she joined the small, but highly

respected San Francisco based Pacific

News Service, first as a writer and editor

and than as a correspondent from Hong

Kong, Japan, Okinawa, and _ the

Philippines.

The New ACLU public information

director graduated from Cornell

University in anthropology and Asian

studies.

"One problem I can foresee," said

the new editor, "is ridding my spelling

of the Anglicisms I picked up in

Britain. For example, `labor' oe does - ie

not look right without the `u'."'

"The most comforting thing about

coming back to the-U.S. and working

for the ACLU is having the Bill of (c)

Rights around again. In Britain it was

different. There they have the Magna

Carta and a long, long legal tradition."

Elaine told we ACLU News.

"My Soilesues at NCCL deoiaug

thought the British system was better. If

there were a Bill of Rights, they

reasoned, it could be very narrowly

construed by conservative judges. They

could never understand why I sat

through conferences open-mouthed in

astonishment while the National

Council for Civil Liberties argued:

against a Bill of Rights." she added.

Elaine Elinson

Photo by Michael P. Miller

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October 1979

aclu news

Conference: Forum for Rights Reform

eociciation

Disabled:

elt s a ay that people with disa-

bilities only want to associate and live

with other people who have disabilities,"

said Cy Hubbard at the Chapter Con-

ference panel on the `Rights of the

Elderly. and the Disabled".

Hubbard, executive secretary of the

California Governor's Committee for

the Employment of the Handicapped

and himself a parapalegic, criticized

"warehouses" and "ghettos" for the

disabled.

There is good state and federal legis-

lations mandating affirmative action

and physical access, but it is "`legisla-

tion before the fact'',

Hubbard, because facilities and

equipment do not exist for most handi-

capped people to travel to the jobs that '

are supposed to be opening up to them.

~ "You can have a Ph.D. and all the

job qualifications in the world, but if

there is no accessible public transpor-

tation, then what good is a job 20 miles _

away?' asked Hubbard.

Another panel member Jim Donald,

Deputy Director of the California

Department of Rehabilitation, pointed

out that cost is the usual excuse given

for not accomodating the handicapped.

-_ Donald replied, ``Cost is not the real

factor usually. People do not want to

have to deal with the disabled.

Donald said there are usually low

cost, "common sense"

access problems.

Donald added that access problems

are not limited to the disabled, ``Most

architects design buildings for males in

their early twenties. This virtually ex-

cludes women, children, and senior citi-

zens."'

Donald is a quadrapelegic.

The panel was organized by Michael

Vader, ACLU-NC board member and

Director of the California State Affir-

mative Action Program for the Dis-.

abled. Vader is also the founder of the

Sacramento Legal Center for the

Elderly and Disabled.

Vader noted that even defining

""handicapped'"' and `"`disabled"' is a

problem. ``We have a tendency to zero

in on physically disabled people in

wheelchairs, on crutches or blind

people. Most of the people who are dis-

abled, however, have hidden disabilities. -

These are persons with hearing condi-

tions, diabeties, epilepsy, and mental

retardation."

Vader said that federal laws relating

to employment of the handicapped do |

according to

ways to solve |

Conference.

chapter activities before.

ae

`speech.

The Marin Chapter started it all in 1965. -Mid-Peninsula

came next in 1960. By 1963, there were eight more ACLU-NC

chapters and 80 members attended the first Chapter

This year' s Chapter Conference was held the last weekend in -

September in the beautiful Marin County headlands with 110

people. at least 10 percent of whom had not been involved in

This special News section summarizes conference panels cent on

the disabled and nuclear power, plus presents the highlights of

national ACLU legislative ee: John Shattuck's keynote

1979 Chapter Conference: John Shattuck (upper rt.); Rights of the

Disabled and Elderly Panel with (1-r) Michael Vader, Jim Donald,

and Cy Hubbard (lower rt.); Legislative Committee discussion (left).

. Photos by Michael P. Miller

not have specific numerical require-

`ments. The only public or private

employer in the United, States which

has numerical goals and timetables is

the State of California.

The most important legislation af-

fecting disabled people is the federal

- Rehabilitation Act of 1973, sometimes

refered to as the "`civil rights bill for the

disabled"'.

Section 501 of the bill requires affir-

Suit Knocks Out Jail Bugs

(trom page 1)

the ACLU's arguments about prisoners'.

other conversations.

The appeal court agreed with the

ACLU, however, that the California

Constitution (Article I, Section I) pro-

- vides additional privacy protections not

found in the U.S. Constitution.

_ The appeal panel termed the San

Mateo system a ``wholesale indiscrimi-

nate intrusion' into a prisoner's private -

_conversations.

"Schlosser said he believes that the

practice of recording prisoners' jail con-

versation is ""commonplace." In March.

1977, the San Francisco County. Jail

telephone surveillance system was dis-

mantled at the request of the ACLU.

The plaintiffs in the ACLU action are

three taxpayers, ACLU-NC Board

members Marlene De Lancie and Emily

SkolInick and veteran ACLU-NC

member Lou Jones; a one-time accused

prisoner and his wife who visited him in

jail; and an attorney who has repre-

sented accused prisoners.

mative action in the federal government.

Section 502 requires that architectural

barriers be removed from projects re-

ceiving federal funds.

Section 503 says that every employer

doing business with the federal govern-

ment under contract for $2,500 or more

must take affirmative action to hire

handicapped people.

Section 504 requires that every insti-

`tution receiving federal financial assist-

ance must take steps to insure that

handicapped people are not discrimi-

nated against.

The Rehabilitation Act also requires

that employers make ``reasonable

accomodation'' for the handicapped.

Reasonable accomodation includes

making facilities used by all employees

accessible, such as restrooms, plus

making modifications in jobs, work -

schedules, equipment, and work areas.

In addition to federal legislation, the

State of California has passed a number

of laws to assist in integrating the

handicapped.

Nuclear Fallout:

Rights in Danger

"One of the main dangers facing us.

in the nuclear age, in addition to the

threat to our environment and health, is

the kind of police state that grows up

around nuclear power', according to

Linda Valentino, coordinator for the

Citizens Commission on Police.

Repression and participant in the

Chapter Conference panel on ``The

Flourescent Constitution: Nuclear

Power and Civil Liberties."'

Valentino cited policy documents

from the Nuclear Regulatory

Commission which stated that

electronic surveillance and infiltration

should be used as a matter of routine -

for gathering intelligence on groups

thought likely to have an interest in

nuclear energy.

Valentino also described. the

infiltration of the Abalone Alliance by

agent provocateurs from the Santa

Barbara and San Luis Obispo Sheriff's

Departments during the Diablo Canyon

Project demonstration and the courses

given on surveillance of ``nuclear

terrorists'' in government spy schools as

evidence that the development of the

nuclear industry was already generating

formidable police activity.

-- Her arguments were expanded: by

Dianne Thomas-Glass of the U.C.

Weapons Lab Conversion Project who

described the ``Pentagon take-over of

energy'. Though the Atomic Energy

Commission was supposedly

established to provide civilian control

over nuclear weapons and energy,

experience has shown that that body,

and the present Department of Energy

organized by President Carter are

dominated by pro-nuclear forces,

mainly from the Pepa met of

Defense.

Thomas-Glass pointed out that this

"cloak of legitimacy" has meant that

pro-nuclear forces have an undo

influence on government policy

decisions. She cited the fact that the

DoE budget request for fiscal year 1980

includes $5b for nuclear weapons

research, and $3b for general nuclear

power research, but only $700,000 for

other energy research.

John Shattuck, director of ACLU's

Washington office speaking in his

personal capacity felt that nuclear

power is "`the gravest issue in civil

liberties today - Watergate was small

potatoes compared to nuclear secrecy."

Shattuck explained that there are

civil liberties issues - such as due

process, police practices, and First

Amendment rights - that would be

jeopardized by the growth of the

nuclear industry.

"The growth of nuclear power,'' he

said, ``could involve police investigation -

of an entire community and security

clearances of the whole civilian nuclear

industry on the grounds oF ao)

security'.'"

It was the constitutional environment

that was in most danger of being

polluted Shattuck explained, adding,

"I'd rather read the Constitution by

candlelight than not read it at all." _

October 1979

aclu news

Politicat Challenge: A New ACLU

The following article has been edited

from the 1979 Chapter Conference

keynote speech by John Shattuck,

director of ACLU's Washington office.

_ by John H.F. Shattuck

The modern ACLU is no longer a

New York based lawyers' group which

defends civil liberties competently by

means of such devices as amicus briefs

to the Supreme Court, but an

organization which is prepared to take

direct action on the major political

issues which confront us today.

I want to look at the origin of the -

modern ACLU. Why are we so

interested in working in the political

process - in doing legislative work?

Isn't this something new? _

There are several factors which have

caused the ACLU to change its

direction over the past fifteen years.

_ Tremendous Growth

The first major factor is the

tremendous growth in membership.

The modern ACLU was built on the

politics of protest and direct action in

the 0x00B060's and early `70's. The

organization went from 30,000

members in 1965 to 275,000 in 1975.

During this period, the major issues

in this country were civil liberties and

human rights: issues which imposed

themselves on the consciousness of all

people. New members joined the ACLU

`because we were defending draft

resisters, working actively in the civil

rights movement, and organizing a

campaign to impeach Richard Nixon.

The ACLU changed its policy on

such issues as the membership and

leadership changed, but it was a slow (c)

process. For example, there was a

tremendous internal battle on whether

to enter the Coffin-Spock case. Was

there an inherent civil right involved in

resisting the draft, or to counsel such

resistance? This was a principal issue

before the national board in 1967. A.

year earlier, the board had debated the

` extent to which we should be involved in

direct action in the Southern civil rights

movement. :

The second major `factor is the

Burger Court. During the Warren

Court era, if we lost a case in the district

court, or the court of appeals, we knew

that ultimately we could take it up to

the ``big daddy'' and be sure of

winning. We had an eighty percent

success rate Cusine the Warren Court.

period.

But all that changed under. the

Burger court. During the '70's, it

became clear that federal courts were

no longer going to deal with the serious

allegations of political surveillance and

abuse of power in violations of the

``Watergate"' variety.

Therefore, at the national level one of |

our main strategies at this point must

be to try to overturn Supreme Court

decisions by means of legislation. We

are trying to do that with the Stanford

Daily case right now.

The politics of the 1980's conistitute

the third factor in our turn towards.

political action. The rights that were -

won during the Warren Court era are

all under tremendous attack. An

organized and often single issue

opposition is systematically attempting

to overturn the right to have abortions

funded, to stop the advance of the

ERA, and to overturn the constitutional

remedy for segregation embodied in

busing. It's the National Right to Life

Committee, it's the Howard Jarvis

`taxpayers' revolt,'' it's the people

anxious to roll back services and stop

the redistribution of resources to

minorities which is really what many

civil rights issues boil down to.

`""We Won"

The final reason we must respond is

that, through our action, we have

created a rising expectation that the

ACLU is capable of doing significant

work. In Washington, there is a real

perception that the ACLU stopped the

draft. We won in the House, much to

the astonishment of all the political

wags in Washington.

Where do we go from here? The

major issues for civil liberties in the

coming decades will be political. It's

wasting everybody's time to think we

can solve major political questions by

`operating as we have in the past. The

only way to deal with these problems is

to mobilize the sort of political -

lobbies that the ACLU has never

' systematically had up to now.

Membership Lobby

What are the main elements of a ou

liberties lobby?

First of all, we need a grassroots Bost

_ of members - twenty to thirty per cent

of our membership who are really

willing to write letters to Congress, meet

_with members of Congress, meet with

the press, and involve themselves in

direct political action within the

organization.

Second, we need cee coordin-

ators in every single Congressional dis-

trict.

Third, we need a much better .

method of communicating with our own

members. The Washington office

publication, Civil Liberties Alert is far

too narrow in its circulation. It must be

available free to 50,000 members.

We need to develop better access to .

the press, especially editorial writers.

Priorities

To make all this action effective. we

need to set national legislative

priorities. There are 25 civil liberties

issues pending in Congress, the

grassroots lobby cannot deal with all of

these. Which should come first?

Ultimately, our goal should be to link

the national ACLU legislative lobby

with a general leadership conference on

civil liberties from a coalition of groups,

strengthening our voice to its fullest.

All of this presents us with an

enormous challenge, the likes of which

the ACLU has never undertaken.

We must deal openly with the politics

of fear, or it will mean sinking back into

that terrible period, the McCarthy era,

when the ACLU stuck its head in the

sand and did not rise to the challenge.

We cannot afford to fail.

ACLU-NC members can' join the

Civil Liberties Lobby to work on both

national and state legislative issues. See

coupon on page 8 of the News.

Legislative Update

Draft Rejected

Anti-draft forces scored a significant _

and surprising, victory last month when

the House of Representatives voted

overwhelmingly (259 to 155) to delete

draft registration from the military ap-

propriations bill.

Instead, House members passed an

amendment directing the president to

study the registration question.

The registration provision, which

passed the Armed Services Committee

with little opposition last spring was

initially given a good chance to pass the

full House.

An intensive, nationwide organizing

campaign, with ACLU leadership,

made draft registration and induction,

which were suspended in 1975, too con-

troversial for many Congress members

to support.

Most Northern California Represen-

tatives received personal visits from

Civil Liberties Lobby members and all

received numerous letters and

telegrams.

The following Northern California

House members supported the amend-

ment to delete registration: Burton

(John), Burton (Phil), Clausen, Coelho,

- Dellums, Edwards, Matsui, McClosky,

Miller, Mineta, Panetta, Stark, and

Royer.

Abortion Funding

Last month the state legislature de-.

feated a pro-choice measure to release

about $12.5 million for unrestricted

Medi-Cal abortions starting in January,

1980.

Instead, the Geum passed a measure

' which would make permanent the

restriction on Medi-Cal abortions which

have been imposed through the budget

process for the last two years.

However, the Assembly refused to go

along with the Senate measure, so the

issue next goes to a conference com-

mittee when the legislature reconvenes

in January.

Northern California pro-choice sup-

porters in the state senate were:

Alquist, Garcia (Marz), Holmdahl,

Keene, Marks, Nejedly, and Petris.

Beacid Bidomced F. Sievers Boycott

`T testified before the National Tabor

Relations Board in September, two |

weeks before I went on pregnancy leave.

In January, when I was supposed to get

my job back, they told me there were no

jobs available. They fired my husband

after 25 years as a loom fixer. A new

baby and neither of us had a job. The

Stevens Company made it real clear

that they didn't like me ee the truth .

to the Labor Board."

_ This statement, ya a former LP.

Stevens worker in North Carolina, is

only one small example of the J.P.

Stevens' attitude toward union organi-

zing and the company's flagrant viola-

tions of the law. do ie |

Se 1963, when Stevens workers

began to exercise their right to be repre-

sented by the Amalgamated Clothing

and Textile Workers Union, the com-

pany has achieved the notorious distinc-

tion of breaking the nation's labor laws

more than any other company in

history. They have been found guilty of

more than 1200 separate violations of

numerous federal laws.

Stevens employees, many of whom

are rural women, work 8 hours a day,

six days a week with only one 20-minute

break for lunch. Thousands of workers

are victims of `"`brown lung'"'

(byssinosis), an illness contracted by

mill workers because of the cotton dust -

in the air. Stevens has still not complied

with 1970 OSHA regulations on limi-

ting the amount of cotton dust because

they claim it would be too expensive.

The fact that J.P. Stevens has made

the wholesale denial of fundamental

rights to workers into a profit-making

venture led the ACLU's Southern

Womens Rights Project to join a cam-

paign in support of the workers' union

drive and boycott of J.P. Stevens pro-

ducts.

Liz Wheaton of the ACLU Project

explained, "If Stevens can continue to

thumb its nose at federal laws and court

decisions while amassing record-

breaking profits at the expense of its

employees, the implications for all

American workers are ominous."'

In September, at the request of the

Project, the Board of the ACLU-NC

passed a resolution endorsing the boy-

cott of J.P. Stevens products which

urges the federal government and all

state and local governments to refrain

from doing business with the company

until a just and lasting resolution of

employees' grievances is achieved. In

_ addition to the basic resolution, which

has also been passed by all of the ACLU

Southern affiliates and by delegates to

the 1979 Biennial Conference, the

ACLU-NC passed two additional

amendments, calling on law enforcement

agencies such as the Justice Department,

to enforce the law against J.P. Stevens

and asking all ACLU-NC members to

support the Stevens boycott.

Boycott

J.P. STEVENS

PRODUCTS 3

TOWELS.

Fine Arts

Tastemaker

Utica

BLANKETS

. JP STEVENS Forstmann

WORKERS Utica

CARPETS

- Contender

SHEETS and PILLOWCASES Gulistan

Beauti-Blend Merryweather

Beauticale Tastemaker .

Fine Arts TABLE LINEN

ene strip figures) Sumi

Tastemaker HOSIERY

eae ach Finesse

tica and Mohawk pe

Designer Labels: a So

Yves St. Laurent pin

Angelo Donghia DRAPERIES _-

GEE 112 SR Stevens :

October 1979

aclu news

CHAPTERS

Bill of Rights Celebration:

Baez and Feiffer Featured tompase"

special taped message to our Bill of

Rights Day Celebration honoring

Francis Heisler, an active ACLU Board

member, will be presenting the award

to Joan Baez.

Jules Feiffer, who will be the princi- |

pal speaker at the Bill of Rights Day

Celebration, is also an artist who has

used his media - cartoons, novels and

plays - to provide insightful comment

on the foibles of society. As a cartoonist

- who is best known for his captions, a

satirist whose strong point is tenderness

and pity, and a humorist whose subjects

Board member Fran Strauss, who with

the assistance of Marlene De Lancie

and Virginia Fabian has been working

full-time on planning the December

event, said "`We are anticipating a very

lively and entertaining evening this

year. With Joan Baez as our award

recipient and Jules Feiffer as our prin-

cipal speaker, we will be spending the

evening with two people who are not

only noted crusaders in the arena of

civil liberties, but also talented artists in

their own right. It's a double whammy.

I can't think of a more enjoyable - or

Tribute Committee

This year, for the first time, a special Tribute Committee has been established

to sponsor and coordinate the fund-raising activities of the Bill of Rights Day

Celebration. The committee, composed of distinguished civic and community

leaders in Northern California with a vital interest in civil liberties, is being

co-chaired by former ACLU Board members, Howard J. Jewel, Ephraim

Margolin and Dorothy Patterson.

Speaking on behalf of the three chairpersons, Jewel explained, "Having

- participated in the worthy efforts of the ACLU-NC Foundation, we have agreed |

to serve as Co-chairpersons for the 1979 Bill of Rights Day fundraising drive.

"The Bill of Rights Day Celebration highlights the major annual fundraising

effort for the ACLU-NC Foundation. The tax deductible contributions virtually |

support the Foundations's entire litigation program. For the tremendous

amount of litigation which has been handled this year by the ACLU, including

many lengthy and complicated court cases like the challenge to the cut-off of

_ Medi-Cal funds for abortion, and the extensive docket of First Amendment

cases, the budget is extraordinarily low. However, financial support of this

indispensable program is needed to ensure that the Foundation can move

quickly when its services are in demand and when the unpredictable occurs."

`This year, members of the newly formed Tribute Committee will be expanding

the scope of the Bill of Rights Day fundraising by lending their names to the

appeal for contributions, and by asking their friends and associates to help

support the important work of the ACLU-NC Foundation. -

REED 95 RE SO SS SED sR A CE

include such mordant topics as nuclear

destruction and racial injustice, he has

been described by critic Gilbert Mill-

stein as being ``alone and unafraid in a

world made of just about all of the intel- ,

lectual shams and shibboleths to which

our culture subscribes."

Feiffer's poignant cartoons are syndi-

cated in newspapers throughout the

world, and he has "`the distinction of

being the only cartoonist to have a

- comic strip published by the New York

' Times, which commissioned him to

create his version of the kind of comic

strip the NYT might print if the NYT

printed comics.'' He is also the author

of four plays (including the award win-

ning ``Little Murders" and ""The White

House Murder Case''), two novels, two

screenplays, and ten books of collected

cartoons. Feiffer has been called ``the

most talented social commentator in

cartooning in our generation."'

Bill of Rights Day coordinator,

appropriate - way to celebrate the

188th Anniversary of the Bill of Rights."'

The Bill of Rights Day Celebration will

be held at the Sheraton Plaza Hotel, San

Francisco on Sunday, December 16 from

4 to 6 p.m. Tickets for the event are $5.00

each and are available from the ACLU

office. For further information, call

Marlene De Lancie (415) 777-4880.

Gay Rights

PUBLIC MEETING. Thursday,

October 25, 7 p.m., San Francisco

Metropolitan Community Church,

150 Eureka (between 18th and 19th)

parking is limited; take Muni buses

8, 24, 35, and 37 to Castro and 18th,

3 blocks east. Libertarian Party

| leader Eric Garris will speak on San

Francisco iniative to abolish the Vice

Squad. Coffee hour to follow.

Marin |

BOARD MEETING. Monday,

October 15, 8 p.m., Fidelity Savings

and Loan, 130 Throckmorton Ave.,

Mill Valley.

Monterey

ANNUAL AWARD CELEBRATION.

Saturday, October 20, 1:30 to S_

p-m., Santa Catalina School, off

Mark Thomas Dr., Monterey (near

_Aguijito Road exit on Highway 1).

Ralph Atkinson Civil Liberties

Award will be presented to Milton

Mayer, journalist, author, and

educator. Buffet dinner and no-host

bar; donations $13; mail to ACLU,

Box 528, Monterey, 93940. For.

information: 408-624-7562 or 408-

Legal Asst. Needed

ACLU Foundation of Northern

California, seeking experienced legal

secretary/assistant; for more

information call Donna Van Diepen,

415-777-4880.

GIMME SHELTER

ACLU-NC looking for office space

to rent or buy in downtown San

any bargains? Call Dorothy M.

Ehrlich, 777-4880.

Francisco, min. 4,000 sq. ft. Know |

Please send me

of $

Bill of Rights Celebration

_______ tickets at $5 each. I am enclosing an

additional tax-deductible contribution to the ACLU Foundation

____. Enclosed is my check for $

Address

City

Please make checks payable to ACLU-Foundation, NC, and mail |

State

Zip

to 814 Mission Street, Suite 301, San Francisco, CA 94103. Please i

enclose a self-addressed, stamped envelope. ol

i

i

I

I

i

4A

i Name

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a GEIS MEE UE AES ER GR 2 BR aE IS Ge SER

S751 7

---- Calendar ---~+

ANNUAL POT-LUCK. Friday,

- October 19, First Unitarian Church,

-f:50 pm,

North Peninsula

PUBLIC MEETING. Thursday,

October 25, 8 p.m. Unitarian

Fellowship House, 300 E. Santa

Inez, San Mateo. `"`SWHAT'S

WRONG WITH PROPOSITION |

1;' ACLU-NC executive director

Dorothy M. Ehrlich, NAACP West

coast regional director Virna

Canson, and League of Women |

Voters spokesperson Mem Levin |

speakers. More information: Kay.

McCann, 415-344-7889.

Sacramento

2425 Sierra Blvd., Sacramento. No-

host cocktails at 6:30 p.m., dinner at

7:30 p.m. "Bill of Rights Orphans:

School Children, Prop. 1, and the

Voucher Plan," speech by ACLU-

NC executive director Dorothy M.

Ehrlich. Election of officers and

board members. More information:

Pat McDonald 916-455-4259.

BOARD MEETING. Wednesday,

October 17, Hearing Room No. 1,

Sacramento County Administration

Building, 700 H Street, Sacramento;

A

- Action/Reaction

ACLU, 1 - COPS, ZIP. Congratula-

tions to Santa Clara Chapter

negotiators who convinced the San Jose

Police and "`hooker patrol'? members

(see last ACLU News) to agree on

guidelines for police and patrol conduct

. Sacramento board members are

telling the local police chiefs and sher-

iffs that gay applicants should get equal

consideration. :

BITS AND PIECES. Gay Rights

members who do not receive the "GRC

Bulletin" should take their mailing

label from this ACLU News, mark it

`Please change to Gay Rights Chapter',

and mail to Hilary Crosby at ACLU-NC

. . . San Francisco is planning a benefit

evening at the One-Act Theater for Fay

Stender in mid-November. Chapter

members should watch their mail for 7

details.

~ NAME GAME. Chapter board and of-

ficer elections results continue to

swamp headquarters. Gay Rights

_ Chapter elected the following people to

new terms: Steve Block, Priscilla

Camp, William Ingersoll, Ann

Jennings, and Fred Rosenberg. Earl

Warren has three new officers: Liz

Figueroa is chair Massoud Kaviam is |

- vice-chair, and Dar Coppersmith is

secretary. New Earl Warren board

members include Rita Perry, Jo

Belmont, Gladys Ellis, Brenda

Thomas, and Tamara Ingram ... In

Marin Len Karpman and Leon Gins-

berg are new co-chairs, Ruth Jonas is

secretary, Connie Birkie is treasurer,"

and Bernard Moss is NC board rep. . .

Over in Mt. Diablo, Cleo Morales is

vice-chair and Guyla Ponomareff moves

to secretary.

IF ELECTED, I WILL ... Mid-

Peninsula recruited Frank Berry as NC

board rep .. . . Sidney Schieber is the

new vice-chair, Jeanne Caughlan is cor- (c)

responding secretary, and Mary Hollis

is NC board rep. for North Peninsula

... San Francisco's officers now are

Richard Weinstein, chair, Howard

Jones, Ist v.p., Arthur Brunwasser, 2nd

v.p., Esther Faingold, treasurer, and

Peggy Sarasohn, secretary ... Santa

Clara elected Larry Fleischer as their

new chair, Lynne Yates-Carter as 1st

v.p., and Vic Ulmer as 2nd v.p.....

Then there's Sonoma where John Miller

became vice-chair, June Swan,

secretary, and Allyson Chandler,

treasurer. New board members for

ACLU-NC's northernmost chapter are

_.Garford Gordon and Chester Bernie

. . . Finally, let's look at Yolo where we

find new board members Richard

Myers and Daniel Penerya.

ER ONE! CSR CA AT SR WE SER ASE GATS MERE ONES CRUEL] CERES SHERI IE COREE RENE! ERA EE SE, GE SER GREED SE EST

SIGN ME UP FOR THE CIVIL LIBERTIES LOBBY.

Name

Address

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Return to:Lobby, ACLU-NC, 814 Mission St.,

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