vol. 46, no. 1

Volume XLVI

Inside - Legislation: Review

aclu

No. 1

Teacher Opposes Loyalty Oath

"For those who think that the witch-

hunting age of unconstitutional loyalty

oaths ended 20 years ago, the use of a

McCarthy era loyalty oath as a require-

ment for teachers and employees in the

California public school system comes

as quite a surprise,' said ACLU-NC

Executive Director Dorothy Ehrlich at

an ACLU press conference announcing

_achallenge to the oath requirement. .

The suit, filed on December 9 in the

"Contra Costa County Superior Court,

claims that the Richmond Unified

School District and the Contra Costa

Community College District are defying

the U.S. and California constitutions by

requiring that teachers and other

employees sign an oath disavowing (c)

membership in the Communist Party.

The suit was filed on behalf of

Marvin Schmid, a taxpayer in the

Richmond Unified Schoo! District, who

was required to sign the oath when she

ae for a substitute teaching job in

Plaintiff Marvin Schmid (1.) and teacher/ author Frank Rowe spoke of their objections to

_ the state Loyalty Oath at the ACLU press conference.

School Book Ban Lifted

Students in the Anderson Union

High School District will be able to read

works of poet-novelist Richard

Brautigan in their English classes and

school library again as a result of a

ruling in the Shasta County Superior

Court on November 19 in an ACLU

lawsuit.

The action is the first case in the

country to establish the principle that

school book banning violates liberty of

the press as well as academic freedom.

_Five Brautigan books, used for years

by English teacher V.I. Wexner in a

developmental reading course with no

parental complaints, were banned by

the Anderson Union High School

- District trustees in 1978. The school

board members contended that the

works were ``full of obscenities and -

sexual references'? which were inap-

propriate for their community.

But Shasta County Superior Court

Judge William Phelps, granting a

motion for summary judgment, read

the books and found no reason to hear

evidence on whether the works were

. obscene.

In the motion, ACLU eee ae

attorneys Ann Brick and Elizabeth

Salveson and ACLU-NC staff counsel

Margaret Crosby presented evidence

that Brautigan's works have received

awards from youth literary associations

and international acclaim from linctasy

critics.

Brick explained, "We argued that, as

a matter of law, the Brautigan books

were not obscene as to minors and were -

therefore protected by the First

Amendment.

"Furthermore, we proved that the

books did not present a substantial

threat to disruption to the educational

program. To the contrary, Brautigan's

works enrich the learning process by

exposing rural students to the values

~ and literary style of an urban poet.

"We consider the ruling a full victory

for the ACLU," Brick said, adding that .

the decision represented a willingness of

the California courts to apply strict tests

in regard to the First Amendment.

The suit was filed on behalf of

Wexner, William Woods, also a teacher

-at Anderson Union High School, three

students and Brautigan's ae

Seymour Lawrence.

The books which had been banned

are three novels: Trout Fishing in

America, A Confederate General from

_ Big Sur, The Abortion: an Historical

Romance, and two books of poetry: The

Pill v. The Springhill Mine Disaster,

and Rommel Drives on Deep Into

Egypt.

At the time of filing the suit, author

Brautigan said, `"What is at stake here

is the freedom of teachers to teach and

students to learn.

"On our Apollo mission to the moon

in December, 1972, the astronauts

named a crater after a character from

one of the books that is forbidden to be

taught at Anderson Union High School.

I do not think it is the policy of the U.S.

Government to name the geography of

SLs, on page 7

a Richmond elementary school in

March, 1980.

The oath-statess = 1,2

do solemnly swear (or affirm) that I am ~

not knowingly a member of the Com-

munist Party."

Schmid, who phoned the ACLU for

legal advice after being told that she

could not get the job if she did not sign

the oath, said at the press conference,

"As a Christian, studying for the

Christian ministry, I do not like this

kind of oath. because it could be used to

discriminate against any group."

The school district's oath derives

from Sections 7001, 7003 and 7006 of

the California Education Code. Section

7001 requires all employees of any

school district or community college

district to `"`state under oath whether or

not he is knowingly a member of the

Communist Party.'' Under this

provision, no applicant who states he or

she is `knowingly a member' may, be

employed.

Under Section 7003, employees must

be suspended or dismissed if he or she

"knowingly becomes a member of the

Communist Party.'' Section 7006

makes mere knowing membership in

the Communist Party cause for

suspension and dismissal of school

employees.

In 1967 the California Supreme

Court held that an oath proscribing

public employees' mere membership in

certain organizations was an`

unconstitutional infringement of First

Amendment rights.

ACLU-NC staff counsel . Amitai

Schwartz explained, "We are deeply

troubled by a system that allows public

officials to extract illegal oaths from

employees over a decade after such

conduct is ruled unconstitutional. We

intend to see that the law is finally

enforced."'

Frank Rowe, a former art instructor

at San Francisco State University who

was fired in 1950 for refusing to sign the

Levering loyalty oath (which is similar

to the one being challenged in this suit),

spoke at the press conference of his 27-

year battle for reinstatement in his job

and for compensation for himself and

others.

Rowe, who is the author of the

Recently published The Enemy Among

continued on page 8.

. can be reached.)

' with the signatures of 15 current

ACLU members.

bership during the last 12 months.

ballot will appear in the June issue of

inating process:

-mittee to nominate members-at-

_at the May Board meeting. Members

Board Elections

As provided by the ACLU-NC by-

laws, revised in 1980, the ACLU-NC

membership is entitled to elect its

1981-82 Board directly. The Nom- -

inating Committee is already seeking

suggestions from the membership to

fill at-large positions on the Board.

ACLU members may participate

in the nominating process in two

ways:

1. They may send angeesGore for

the Nominating Committee's consid-

eration before April.1, 1981. (Ad-

dress your suggestions to Nominat-

ing Committee, ACLU-NC, 814 Mis-

sion St., Rm. 301, S.F. 94103. In-

clude your supaeated nominee's

qualifications and how the nominee

2. They can submit a petition

Petitions for

nominations, which should also in-

clude qualifications, must be sub-

mitted to the Board of Directors by (c)

June 3, 1981 (20 days after May

Board meeting).

(Current ACLU members are

those who have renewed their mem-

Only current members are eligible to

submit nominations, sign petitions

of nomination and vote.)

ACLU members will elect Board -

members from the slate of candi-

dates nominated by petition and by

the Nominating Committee. The

the ACLU News.

The fellowing by-laws govern the

ACLU-NC Board of Directors nom-

ARTICLE VI, SECTION 3: The

final report of the Nominating Com-

large to the Board shall be presented

_continued on page 3

aclu news

Jan-Feb 1981

Draft Update ae 3

As draft registration resumed the

first week in January, registrants

`continued to face confusion over the

Selective Service requirement that they

provide their social security number.

In late November, a U.S. District

Court in Washington, D.C. ruled on a

class action lawsuit brought by the _

national ACLU invalidating the

Selective Service requirement that

registrants disclose the number.

Three weeks later the Court of

Appeals stayed the district court

decision pending a full review of the

case. The first decision received some

media coverage; the second received

very little. Many draft counselors and

draft registrants did not receive news of

the stay.

Last summer, there was similar

confusion when Selective Service

officials first said the numbers were

optional, and later that they were

mandatory. In July, the ACLU sued,

claiming that Selective Service was in

violation of the federal Privacy Act of

1974 which was meant to halt the

indiscriminate use of social security

numbers by government agencies.

Until the stay was issued, the district

court decison had the effect of stopping

Selective Service from requiring social

security numbers as part of the

registration.

The court stated that individuals who

had previously registered could have the ~

number deleted from their record upon

The ACLU of Northern-

request.

California distributed a special form

which registrants can use to ask that

their numbers be deleted.

- If the Court of Appeals upholds the

lower court decision, then Selective

Service must still honor all requests to

have numbers deleted. /Ed. Note: the

form is available by writing or calling

the ACLU-NC office. |

The ACLU is continuing its efforts

nationally and locally to stop the draft.

As registration resumes, the legal

challenge to the draft's constitutionality

is still pending before the U.S. Supreme

Court. The suit, in which the ACLU isa .

participant, argues that draft

san Bagh j1N3

registration discriminates against

young men by excluding women. A

decision is not expected until early

summer.

For the week. of 1981 draft

registration, the ACLU-NC helped to

organize a project which put leafletters

at most post offices in San Francisco

and other Bay area cities. The ACLU-

NC also helped leafletters and

protestors in dealing with illegal in-

terference by local postal officials.

Letters to Reagan -

During the election campaign,

President Reagan made a point of

opposing registration and a peacetime

- draft. He reasoned that higher pay will

attract enough volunteers and that

draft protests make the country look

weak and divided to `our enemies."'

However, key Reagan advisors are split

on the issue and Reagan is trying to

decide whom to listen to.

Letters opposing the draft are

critically important until. the Reagan

White House makes some public in-

dication of their official stance on the

draft registration. Write: President

Ronald Reagan, The White House,

Washington, D.C., 20500.

- Letters

Please include in the Anti-Draft Di-

rectory of the ACLU News a counseling

and organizing center in Davis called

the Davis Peace Center. The address is

Davis Peace Center, 411 Fifth St.,

Davis 95616. Telephone: 916-753-1630.

Willa Bowman Pettygrove

Davis

`In your special registration issue, , you

listed us as only organizing and anti-

draft projects. We also do counseling.

Those who would like draft counseling

should make an appointment by calling

us at 415-933-7850.

Mt. Diablo Peace Center

65 Eckley Lane

Walnut Creek 94598

(Ed. Note: The ACLU News special

anti-draft edition (July, 1980) contains

an Anti-Draft Directory of organizing

and counseling centers throughout the

state. Copies are still available by writ-

ing or phoning the ACLU.)

When my first child was born in

1954, his grandfather got rid of his

Smith and Wesson `"`police special' re-

volver because he didn't want to risk

having the gun discovered and acci-

dentally discharged by any of his grand-

children. I think this was a wise volun-

tary act on his part.

What can be done to abolish hand-

guns in our country, since it is a citi-

zen's right to possess weapons to pro-

tect himself?

I suggest that a beginning might be

made in asking people to register, on an

entirely voluntary basis, on a confiden-

tial roster as non-owners of handguns.

There could also be a repository estab-

lished where handguns would be.turned

in and ceremoniously melted down as

_ scrap metal.

A newsletter could be published de-

scribing alternatives to having weapons

in homes and how citizens manage to

provide reasonable security for them-

selves and their neighbors ment hand-

guns.

In this way, the quedion of the right

to bear arms, including handguns,

might be obviated.

Chad Michel

San Francisco

Editorial

Born (Again) Yesterday?

by Dorothy Ehrlich

ACLU-NC Executive Director -

By the time you receive this issue of

the ACLU News, a new administration

will be occupying the White House. It is -

an administration elected on a platform

vociferously challenging many of the

goals which the ACLU embraces:

school desegregation, abortion rights, :

affirmative action programs.

But before we sigh with defeat and

assume that causes of the ACLU are

~ ones which the electorate rejects, we

must examine the election more care-

fully. ,

On election day the media immedi-

ately crowned the Moral Majority -

the Christian right re - as victors in

_ the battle. -

However, when the pullers went

back to the voters, they discovered,

through a more systematic analysis,

that the vast majority of the voters were

not advocating the Moral Majority's

platform, but were opting to vote against

a Carter re-election primarily for econ-

omic reasons.

d Not Newcomers

It is important to note that the Moral

Majority (a new label applied to old ad-

versaries of civil liberties)were not born

(again) yesterday.

If you review the ACLU's 1980 Legal

Docket (ACLU. News, Nov.-Dec. 1980)

or the annual legislative activity report

(see pp. 4-5), you will find that the

ACLU has been fighting similar efforts

to turn the clock back on civil liberties

long before November 1980.

These are not new battles we face in

the 1980's - the ACLU's opponent is

only indirectly the newly coined Moral

Majority. For instance, in August 1980,

when the Mt. Diablo School Board

banned Ms. magazine, it was not the

Christian right wing which lobbied

them to ban the publication who became

defendants in ACLU litigation, it was

_the school board - because that is the

body responsible for upholding aca-

demic freedom.

Or when opponents of ahoencn rights

gain enough clout in the state legisla-

ture to convince elected representatives

to cut off Medi-Cal funds for abortions,

the ACLU must fight back - not by

silencing those opponents - but by

suing to hold public officials account-

able to their governmental responsibili-

ties.

To protect our primary client - the

Bill of Rights - we must prevent the

government from yielding to reaction-

productive choice or anti-Communist

hysteria.

New Challenges

Our experience is not to be denied -

we already have a taste of what elected'

officials will be capable of in the face of

a well organized anti-civil liberties

movement.

We are well aware of the devastating

effect of the federal Hyde Amendment,

Proposition 1's limitations to school in-

tegration, or a McCarthy era loyalty

oath required of California teachers.

The national ACLU ran this graphic in

newspaper ads with the caption, "If the

Moral Majority has its way, you better start

_ praying."

The defeat in December, 1980 of the

most significant piece of civil rights leg-

islation in the past decade - the Fair

Housing Act - may be an omenous pre-

cursor of even greater changes to come.

Unpopular Issues

And it will not always be the "`popu- ~

lar' issues which require ACLU action.

_ At a time when deadly serious racial

violence is spreading throughout the

country - and even in Contra Costa

ary pressure groups and their self-right- County - simple solutions, such as

eous campaigns against gay rights, re- _ banning groups like the Ku Klux Klan,

continued on page 8

aclu news

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 {

Michael Miller, Chapter Page if)

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

Elaine Elinson, Editor

aclu news

Jan-Feb 1981

Bill of Rights Day Raises Soin Funds for Battles Ahead |

"Despite the history of ACLU success

stories over the past decades, society

today suffers from a deep sense of

alienation that gives rise to movements

reaching out to suppress our rights,"

warned former Attorney General

Ramsey Clark at the annual ACLU-NC

Bill of Rights Day Celebration in San

Francisco on December 14.

Clark, who chairs the ACLU

National Advisory Council, gave the

keynote address at the Celebration and

also accepted the Earl Warren Civil

Liberties Award on behalf of ACLU

founder Roger Baldwin.

"`Baldwin's leadership of the ACLU

prompted a shift ir the business of the

third branch of government from the

rights of the wealthy and the cor-

porations to the rights of individuals,"

_ Clark said

Keynote speaker Ramsey Clark warned of

"movements reaching out to suppress our

rights. 99

Praisiig0x2122 -the 96-year. old Baldwin,

Clark explained that "his activist life

mirrors humanity's steady progress

toward the definition of the idea of

liberty," and added, `The world has

never had a very good definition of the

word

American people are badly in want of

one."

Clark's laudatory appraisal of

Baldwin's achievements was brought

vividly to life for the ACLU celebrants

by the showing of

Hopefully" , a documentary on Bald-

win's life directed by. apna Avildsen for

PBS.

Although the nonagenarian activist

was unable to attend the Celebration,

Baldwin sent a personal message to his

"friends in Northern California."

"My absence from this celebra-

tion of sixty years of the ACLU and

427] [20421

liberty and right now the.

"Traveling -

of your own long life is not due to

the spirit but to the body, '' Bald-

win wrote.

"Our sixtieth anniversary hap-

pens at a time of reaction in our

national life, and indeed in the

world, when forces opposed to our

concepts of freedom and Justice

appear to command the posts of

, power.

"I know that you share a deter-

mination to resist, as we always

have, any challenge to our rights

and liberties. But today, unlike

the challenges of the past, it is a

general turning back to safe an-

chorages in tradition, an escape

from the burdens of experiment

and a surrender to the power of

the forces in American life uncon-

cerned with our rights and liber-

tles. Se

"Tam worried as you are. Wor-

ried that the liberal outlook on our (c)

national life may not be strong

enough to pursue our goals, of

First Amendment rights, of racial

Justice, of sex equality, of minor-

ity claims. We must .continue

against all opposition to win more

ground, to stand firm on what

we've won and to agitate without

compromise the essential liberties

of a democracy.

"Iam grateful to you for the

honor you do an old fellow-warrior

who has traveled the long road

from our origins, and still keeps

going as your companion in the

defense of our liberties.'

ACLU-NC Chairperson Drucilla Ramey

greeted 750 ACLU supporters at the Bill of

Wane Day Celebration.

continued from page 1

of the Board may propose addition-

al nominations. If no additional

nominations are proposed by Board

members, the Board, by majority of

those present and voting, shall adopt

the Nominating Committee's report.

If additional nominations are pro-

posed, the Board shall, by written

ballot, elect a slate of nominees with -

each member being entitled to cast a

number of votes equal to the vacan-

cies to be filled; the persons nomi-

nated by the Board shall be those

persons, equal in number to the va-

cancies to be filled, who have re-

ceived the greatest number of votes.

The list of nominees to be placed be-

fore the membership of the Union

for election shall be those persons

-ACLU-NC Board Nominations

nominated by the Board as herein

provided, together with those

persons nominated by petition as

hereafter provided in Section 4. |

- SECTION 4: Any fifteen or more -

members of the Union in good

standing may themselves submit a

nomination to be included among

those voted upon by the general

membership by submitting a written

petition to the Board not later than

twenty days after the adoption by the

Board of the slate of Board nomi-

nees. No member of the Union may

sign more than one such petition and

each such nomination shall be ac-

companied by a summary of quali-

fications and the written consent of

the nominee.

- perpetuate.

ACLU-NC Chairperson Drucilla Ramey, Executive Director Dorothy Ehrlich, keynote

speaker Ramsey Clark and former national ACLU Executive Director Jack Pemberton

(1. to r.) watch "Travelling Hopefully," a documentary of award winner Roger Baldwin's

life.

The Earl Warren Civil Liberties

Award was presented to Roger Baldwin

by Jack Pemberton, former Executive

Director of the national ACLU.

-The Celebration was topped off by a

moving medley of freedom songs by

world renowned folksinger Odetta. Her

rich voice embroidered a range of music

from delicate love songs to the rousing

"Good-night, Irene'. An inimitable

rendition of the child's lullaby `""Rocka-

Bye Baby'? made it undeniably clear

`that - as Odetta explained prior to

singing - it was an "underground

song, a revolutionary warning, that

those falsely in power will fall - cradle

and all."'

_ The Bill of Rights Day Celebration,

which is the culmination of the annual -

fundraising drive of the ACLU-NC

Foundation, drew a crowd of 750.

Generous. donations from ACLU

members and supporters have already

`raised $79,000 for the Foundation's

extensive litigation program. -_-

With the money raised and the spirit

generated from the 1980 Bill of Rights

Day Celebration, the ACLU-NC will be

able to pick up the challenge addressed

by Ramsey Clark in his keynote speech -

when he asked, "`Can we say by right we

mean only the idea of freedom? Dare

we contain within that idea all the

rights that are essential to humanity,

which includes so obviously freedom

from war,-freedom from destruction,

freedom from hunger, freedom from

fear - the four freedoms and beyond?

"Dare we carve out ever expanding

concepts of the idea of freedom and

them through right,

realizing that the simple words of

Benito Juarez tell it all - a respect for -

the rights of other is peace.'

Odetta topped off the program with a rous-

ing medley of freedom songs.

k /ACLU on the Move Move

Thank You

ACLU-NC Development Director

Sherrie Holmes would like to thank

those who contributed by taking ads in

the Bill of Rights Day Commemorative

Booklet. The advertisers were: -

Aram's, Fine Furnishings and Carpets,

3133 Arden Way, Sacramento, CA (916)

483-2488

Graphic Arts of Marin, Inc., 2670

Bridgeway, Sausalito, CA 94965, (415)

332-3153

"The Slow Death of Fresno State" by

Professor Kenneth A. Seib, Ramparts:

Press/Fresno Free College, PO Box

50128, Palo Alto, CA 94303

Richard N. Goldman and euroo. Insurance,

_ Alcoa Buildling, 1 Maritime Plaza, San

Francisco, CA 94111, (415) 981-1141

Travel Space, 116 New Montgomery

St., Suite 100, San Francisco, CA

94105, (415) 495-7778

Kerry Tremain Design, 680 Beach St., #

468, San EE Sa Ca 94109, (415) 441.-

5466

Union Offset, Printers and Litho-

graphers, 1167 Mission, San Francisco,

CA 94103, ey 861-4706

ON `

. eee! = 2

| ae Se

} ce Siemans |

by

The ACLU-NC is moving to a new

location in the spring. Our bright,

sunny new office space is a converted

warehouse overlooking the freeway at

1663 Mission St. in San Francisco.

You can help us renovate the empty ~

space into a fitting base to conduct the

battle for civil liberties by donating

carpets, light fixtures, paint, building

materials, plants - the possibilities are

endless! If you have some items or skills

to offer (is your brother-in-law a general

contractor?), please call the ACLU

Office Manager, Hilary Crosby at (415)

777-4880. cent

We'll be having a fun party in the

empty warehouse to raise money for the

`renovations - bring your paintbrush

and your dancing shoes! Date and

details will be in the Maren! issue of the

ACLU News.

aciu news

Jan-Feb 1981

CIVIL LIBERTIES IN THE STATE

1980: Survival in a Twilight War?

by Brent Barnhart

ACLU-NC Legislative Advocate

In the wake of November's revolution - Reagan, President; Strom Thur-

mond, Chair of the U.S. Senate Judiciary Committee; Bayh, McGovern, et.

al., defeated - recapping what happened in Sacramento in 1980 seems some-

how out-of-synch. Most of the bad things that might have happened did not

happen; or at least they have not happened yet. Most legislation potentially

harmful to civil liberties did not pass, and at least a couple of far-reaching ood

liberties bills did succeed.

The same old snake-oil, crime-fightin' proposals were dusted off and run at

us again: expanded electronic eavesdropping, preventive detention, increased

sentences for ``habitual criminals.'' And once again they were turned back.

_-Proposals which would have required parental consent for minors' abortions,

and which would have required that state colleges and universities expel stu-

dents upon conviction of demonstration-type offenses failed, as did a delight-

ful new proposal which would have made it a crime to complain about a cop.

(So much for citizen review of law enforcement.)

_ Second Thoughts

But no sooner did we emerge from the 1980 session amazed to orn that we

survived so remarkably well, than chilling second thoughts weighed upon us.

After all Tobruk survived the first siege in November, 1941, only to fall inglor-

iously and unexpectedly to Rommel's Afrika Korps in June, 1942. Contrary to

what most recaps of World War II infer, Europe did not fall immediately. For

several months what Churchill termed a "Twilight War" took place - armies

were mobilized, but nothing happened. World War II looked to be a great an-

ticlimax. But that anticlimax was abruptly displaced by Hitler's Western blitz-

krieg: Holland and Belgium were gobbled-up, France disintegrated and Bri-

tain's army expelled from Europe with appalling speed.

In looking forward to the 1981 Legislative Session, it doesn't help a great

deal to serve warmed-over Churchill martial refrains, but it is not overdrama-

tic to. predict a long and difficult struggle, and to fear that a lot of hurt and

suffering faces us before we can truly say that we've survived the current mor-

tal crisis of national self-doubt.

In bad times people look for scapegoats, turn their faces from the cee

_ of others, and become frighteningly susceptible to the strident boasts of dema-

`gogues and mountebanks. In that climate, civil liberties are too easily set

aside, or sapped of their vitality by legislation and court decisions that brand

them technicalities which impede Grand Solutions. Grand Solutions that

promise to make crime and violence go away and bring back the era of unques-

tioned self-confidence and cultural homogeneity that Tinseltown's revisionist

history assures us once existed.

The composition of California's two legislative houses has changed little.

Veteran stalwart Al Rodda was unseated bya young man named Doolittle who

could only have been conceived by someone in Central Casting (``Send us a

young, gun-totin', bible-spoutin' Moral Ay type'). But Dy sae tee

little has altered. Some liberals are out, replaced by conservatives; but then

some conservatives are out, replaced by liberals.

__ Leadership changes have taken place in both houses. But civil libertarian

McCarthy's Speakership is now occupied by civil libertarian Willie Brown.

The conservative-moderate-liberal triumverate which presided the last two

years in the Senate (Presley,. Mills and Petris, respectively) has been replaced

by one decidedly more liberal: David Roberti of L.A., Nicholas Petris of Oak-

land, and Barry Keene of Marin and the North Coast. :

But neither composition of the two houses nor shifts in leadership tell the .

whole story. The Legislature must reflect and satisfy the populace or they'll be ~

turned-out. And to satisfy the populace legislators must perform nimble acro-

batics and assume bone-wrenching, ligament- -tearing contortions. The temp-

tation to jump.on demagogic bandwagons, or to stampede before them is enor-

mous. And again, in that climate, before a mean-spirited, divided and So

chanted citizenry, civil liberties are easily shelved.

Professionalism

There are some things that fuel a grim sense that this year too can be sur-

vived. If anything, both houses have a more professional cast. The beanie-clad

Prop. 13 babies that began the 1979 session have a couple years under their

belts, and 1981's freshmen are by-and- -large no strangers to politics and gov- __

ernment. We are, frankly, better-off before a more professional legislature:

well-pressed and beribboned legislative packages are viewed with more skep-

ticism, and there is therefore a greater willingness to listen to "`the other side."

Secondly, the Assembly Leadership struggle has for the moment achieved

something akin to an armed truce-leaving more time and energy for consid-

eration of substantive issues. And 1981 is not an election year, normally mean- |

ing less stunting for the folks back home, and fewer stampedes in the face of

threats to smear colleagues with choice labels like ``rapist coddler"' and "smut

peddler."'

_ Moreover, we can expect to have a full-time Governor. Governor Brown

seems finally to have been stung by legislative derision - stemming from the

almost universal conviction that in 1980 he left the Legislature behind to

grapple alone with California's serious problems, while he pursued his Presi-

dential fantasy. And in the past few months he has spent more time with legis-

lators discussing the State's business, than at anytime in his two terms of

office.

We can expect, then, a more professional Governor i in 1981. A Governor

with whom, undoubtedly, we'll disagree on many occasions. But a Governor,

. who at the same time vetoed some very bad legislation last year, and who Doe. ok

fully will spike similar bad proposals in the coming year.

In conclusion, our fondest hope for 1981 is that we can essentially reprint -

1980's recap. Somewhere down the line there will be another time to predict -

forward movement in the human condition, and to describe and design goals

which inspire us and offer the warmth of common human venture. But for

now, that enduring comrade and old adversary, Jesse Unruh, has perhaps cap-

tured the moment most accurately when he advises us: "Hunker down."

fe and 1 m Washington . ee

Despite an increasingly repressive cli-

Criminal Law

IRS from adopting new guidelines tore-| Habitual Criminals -

AB 3375

_ mate in Washington, D.C., the north-

ern California delegation in the House

of Representatives has had a commend-

able record on national legislation con-

_ cerning `civil liberties this year. Listed

below are brief descriptions of key civil

liberties legislation in the first session of _

the 96th Congress. "ACLU `support of

the legislation is denoted Z a (+), op-

position by a(-).

The national ACLU' s Legislative

Alert newsletter rated each representa-

_tive based on their voting on this legis-

lation. The ACLU-NC Board voted to

commend those representatives who re-

ceived a score of 80% or better. (Ed.

note: Copies of the complete voting rec-

ord of the representatives on these is- -

sues are in the October Legislative

Alert, available from the ACLU Wash-

ington Office, 600 Pennsylvania Ave.,

SE Washington, D.C. 20003.

1. Draft Registration. Amendment

to increase funding for Selective Service _

to $13.2 million so that draft registra-

tion can be conducted. Adopted 218-

188, April. ACLU -.

2. Fair Housing. Jacobs amendment

to the Fair Housing Act Amendments

`(HR 5200) stating that appraisers

cannot take into consideration race,

color, religion, national origin, sex or

handicap. Adopted 257-156, June.

ACLU +. __

3. Fair Housing. Synar amendment

to the Fair Housing Act Amendments

(HR 5200) providing for adjudication of

fair housing cases by Justice Depart-

ment-appointed administrative law

judges. Adopted ee 204, June. ACLU

+.

4. Gay Rights. McDonald Amend-

ment to the Legal Services appropria-

tions bill (HR 7584) prohibiting legal

assistance in gay rights cases. Adopted

290-113, July. ACLU -.

5. Search and Seizure. HR 5961

authorizing U.S. Customs officers to

conduct warrantless searches of persons

leaving the country. Defeated 248-135,

July. ACLU -

. 6. Tax Exemptions for Racially Dis--

criminatory Private Schools. Ashbrook

rider to the Treasury Department ap-

propriations bill (HR 7583) prohibiting

view the tax exempt status of. discrimi-

natory private schools. Adopted 300-

107, August. ACLU -

7. Abortion. Ashbrook amendment

to the Treasury Department appropria-

tions bill (HR 7583) prohibiting use of

federal funds for abortions or adminis-

trative expenses of any health plan

under the Federal Employees Health

Benefit Program relating to abortion.

Adopted 228-170, August. ACLU -..

. Next month ACLU News will have a civil

liberties run-down on California Sena-

tors Cranston and Hayakawa.

Representative/ ' Civil Liberties

District Rating

Dellums (D)/8 a 100

Miller, G. (D)/7 100

Stark (D)/9 100

Burton, J. (D)/5 _ 97

Burton, P. (D)/6 97

Edwards, D. (D)/10 97

Matsui (D)/3 : 93

Mineta (D)/13 87

McCloskey (R)/12 . 83

Fazio (D)/4 So 80.

Panetta (D)/16 80

Coelho (D)/15 | 73

Johnson, H. (D)/1 aie

Clausen (R)/2 33-

Royer (R)/11 27

Pashayan (R)/17 20.

Shumway (R)/14 : 3

(McAllister).

Would have oxebavived 20 year to life

sentences for persons convicted sof a

third felony.

Vetoed. (ACLU -)

yooqysiyq "7 14ny

Governor Brown vetoed some dangerous leg-

_islation on school segregation, access to con- _

fidential welfare records and extension of

criminal sentences.

rE CAPITOL - A 1980 REVIEW

aclu news

Jan-Feb 1981

Eavesdropping - SB 931 (Nielsen)

Would have given law enforcement

agencies authority to get search

warrants to tap phones and bug homes

and offices.

Died in Assembly Criminal Janice

Committee. ReEE --)

Diminished `Capaeliy - SB 1314

(Roberti), SB 2033 (Holmdahl)

Would have reversed hundreds of

years of Anglo-American jurisprudence

regarding required proof of intent to

commit a crime.

Died in Assembly Criminal Justice

. Committee. (ACLU -)

Elihu Harris

bly Criminal Justice Committee.

oo -_ ae 1216 (Foran).

Would have a entrapment law

to subjective standard rejected by the

California Supreme Court: prosecution

_ could prevail if defendant was shown to "

have had a "`predisposition'"' to commit

the offense.

Passed Senate, then dropped by author.

(ACLU -) (c)

Use Immunity - SB 1657 (Robbins) _

"Would have replaced current

compulsory "transactional immunity"

provision with one which would protect

persons who give forced testimony only

against the "use" of the testimony -

not from prosecutions resulting from

the testimony which were not the

specific focus of grand jury

interrogation.

Died in Assembly Criminal Justice

Committee. (ACLU -)

Shoplifting Searches - SB 1304

(Presley)

Would have allowed store security

guards to search purses or packages of |

customers upon reasonable cause. .

Died in Assembly. Criminal Justice

Committee. (ACLU -)

Retroactivity - SCA 45 (Foran), SCA |

38 (Garamendi)

Would have required that appellate

court decisions reversing criminal

convictions could be applied prospec-

tively only. E.g., If, after you had

appealed your case on every level and

lost, someone else later won on the

same point, the later decision would not

_ apply to you.

Died in Assembly Criminal Justice

Committee. (ACLU -)

BARRY JACKSON

civil liberties ally on Assem- |

Preventive Detention - SCA 17

(Presley)

Judges would have been authorized

to set bail based upon considerations of

"public safety."'

Died in Assembly. Criminal Justice

Committee. (ACLU -)

Privacy

Welfare Records - AB 2274 (Leonard)

Would have given County

_ Supervisors access to confidential

welfare records.

_Vetoed. (ACLU -)

EJ(L

2 eed

Hospital Records - SB 1975 (Keene)

Requires local law enforcement

agencies to secure court order based on

showing of ``good cause" to gain access

to patient records.

Passed. (ACLU +)

Patient Records - AB 157 (Berman)

Would have authorized patients to

gain access to records maintained by

their physicians.

Died in Senate Judiciary Committee.

(ACLU +)

First Amendment

Religious Conporations. - SB 1493

(Retsis)

Abolishes the Attorney General's

`public trust'? theory by which he

claimed inherent authority: to `directly

supervise church activity and treat

churches, temples and synagogues as

regulated industries. Leaves the

Attorney General's criminal authority

-intact, restates AG authority to attack:

"sham" religions, confers on AG civil

authority to sue where churches solicit

money for specific charitable purposes

but use proceeds for an unrelated

purpose, and gives members of

congregational churches a right of

action to sue for misuse of church

funds.

Passed. (ACLU +)

Nicholas Petris fought to separate church

and state.

- determination

Mental Health

Mental Commitments - AB a

(Stirling)

Would have extended length of

- mental commitments from 90 days to

one year. Pitched by author as means of

getting dangerous sex offenders off the

- street, but incidentally destroyed LPS

reform of 1969 which sought to end

warehousing of the mentally ill.

Died in Assembly Health Committee.

(ACLU -)

Abortion

Parental Consent - SB 1814 (Schmitz)

Would have conditioned minors'

abortions on the consent of both

parents, or a Superior Court

that minor =

sufficiently ""mature and informed'' to

make such a choice.

Died in Assembly Health Committee.

(ACLU -) :

Informed Consent - SB 691 (Montoya)

Under the banner of informed

consent, would have required

physicians to give detailed explanation

of all possible dangers and effects of

abortion on fetus and mother, as a

condition precedent.to abortion.

Died in Assembly Health Committee.

(ACLY -)

Workers' Rights

Polygraphs and Eee omipioyment | Tests

- AB 3290 (Alatorre)

Would have expanded present

provision against mandating polygraph

~ tests "as a condition of employment,"'

to also prohibit coercing employees to .

waive their right against having to take

such tests. Would have also prohibited

_ requiring employees and applicants to

take psychological screening tests which

do not relate to job performance.

Died in Senate Industrial Relations

Committee. (ACLU + )

Sexual Preference/Job Discrimination

- AB 1 (Agnos) ~

Sought to make employment

discrimination based on_ sexual

preference, or refusal to grant sexual

favors, unlawful.

Died on Assembly floor. (ACLU +)

Juveniles

_ Open Hearings - AB 1374 (Felando)

Provides that members of the public

shall be admitted to hearings where

juveniles are charged with certain

serious criminal acts (murder, arson,

rape, etc.). Previous law allowed only

parents and those persons requested by

the minor to be present.

Passed. (ACLU -) |

Jury Trials - AB 2161 (Harris)

Would have granted juveniles the

same right of trial by jury which adults

enjoy as a constitutional right.

Died in Assembly Criminal Justice

Committee. (ACLU +).

Bill Smith Photography

was|

$148 to

Maxine Waters fought to limit interference

with a police officer to physical acts.

Police

Complaints against Police Officers -

~ SB 1348 (Presley)

Would have made it a misdemeanor

to file a "false'' complaint against a

cop. Nice chilling effect.

Died in Assembly Criminal Justice

Committee. (ACLU -)

Punitive Damages against Police

- Officers - SB 1799 (Robbins)

`Would have limited punitive

damages against police officers to

$5,000 or 3 times: compensatory

damages.

Died in Assembly Ways and Means

Committee. (ACLU -)_

Interference with a Peace Officer - AB

2629 (M. Waters)

Would have amended Penal Code

require that unlawful

interference be by physical act; e.g., it

would not be a misdemeanor to ask a

police officer why one' s friend is being

arrested.

Died on Assembly floor, 27-41. (ACLU

+)

Students

Expulsion - AB 2031 (Mountjoy)

Would have mandated that state uni-

versities and colleges automatically

expel any student convicted of a demon-

stration-type offense such as unlawful

assembly, riot, failure to disperse, etc.

Died in Assembly Education Committee.

(ACLU -)

School Integration - SB 1244 (Robbins)

U.S. Supreme Court decisions

specifically require that upon proof of a

continuing pattern of segregation, the

burden of coming forward with the evi-

dence shifts to the school district to

prove that the entire district is not

segregated. SB 1244 would have

prevented shifting the burden in school

integration cases. -

Vetoed. (ACLU -)

aclu news

Jan-Feb 1981

Cruisin' in Los Gatos.

`Cruising'? means many things to

different people. According to the New

Yorker, ``In California, it is common

for a young Mexican-American to lower

his car within a few inches off the

ground, make it as beautiful as he

knows how both inside and out, and

drive it down the street very, very, very

-slowly."'

However, according to the Los Gatos (c)

City Council, cruising is ``driving a

`motor vehicle on a highway for the

sake of driving without immediate des-

tination'' or `"`at random, but on the

lookout for possible developments," or

"with the purpose of sightseeing repeat-

edly in the same area, and while driving.

with the purpose of socializing with

motorists or pedestrians."' And it is a

crime with a minimum penalty of $25

for the first conviction and for subse-

quent offenses $50.

empted by the Vehicle Code. In the lat-

ter respect, preemption insures that

traffic laws throughout the state are un-

iform so that each driver has fair notice.

Santa Clara Municipal Court Judge

Edgar Taylor ruled that the ordinance

was constitutional after hearing ACLU

arguments in November.

After being denied a-writ of prohibi-

tion in Superior Court on December 22,

the ACLU took the case to the Court of

Appeal on January 20.

According to ACLU-NC staff attor-

ney Amitai Schwartz who is handling

the case, `"The `cruising' ordinance is a

municipal response to a legitimate

enough urban problem: Ovcieray dulg

on city streets.

"But Los Gatos responded by enact-

ing what is in effect a loitering law for

cars. The government cannot use blun-

derbuss methods to suppress recrea-

The vagueness of the Los Gatos ordi-

nance and its potential for arbitrary en-

forcement, is the ACLU's defense of

Michael David Aguilar, a 19-year-old

Los Gatos resident who was cited for -

cruising in downtown Los Gatos in May

-and June of 1980. He brought his case

to the Santa Clara Chapter of the

ACLU.

The ACLU is defending Aguilar be-

cause, according to Santa Clara Chap-

ter Co-chair Michael Chatzky, "As far

as we're concerned the ordinance is

vague, overbroad and therefore clearly

unconstitutional."

`The ACLU is challenging the ordi-

narice on the grounds that it is imper-

missably vague and because it is pre-

High Court Argument

Soledad Prison

The First Amendment protects a.

newspaper published inside the walls of

a prison from censorship by its owner

- the state - argued the ACLU as

friend of the court before the California

Supreme Court in December in the case

of Bailey and Prisoners Union v. Loggins.

The case arose out of two articles

written in 1976 for the prison

newspaper Soledad Star-News. Both

articles reported talks by speakers

invited to the prison: one, the Deputy

Legal Affairs Secretary to the Governor

and the other a professor of Industrial

Relations at the University of

California.

The editor of the Star-News, former

inmate Artie Bailey, accepted the

articles and the civilian journalism

instructor authorized to supervise the

paper approved the articles for

publication.

tional driving any more than it can use

vague laws to sweep the sidewalks of

other sorts of `undesirables,' u Schwartz

added.

Aguilar's trial will be postponed until

the court rules on the constitutional

challenge.

The ordinance, adopted in Septem-

ber, 1979 regulates traffic on 14 down-

town Los Gatos streets. Los `Gatos

police have issued over 50 cruising cita-

tions since its adoption.

The Santa Clara Chapter has re-

ceived complaints ranging from people

who were harassed and stopped without

due cause under the ordinance, to peo-

`ple who want the ordinance changed

because the wording is unconstitutional.

fasts (Studio 24

School Busing Plan Appeal -

to

the

constitutional amendment approved by

the voters in November 1979 which puts

A major

California's

legal challenge

Proposition 1

severe limitations on busing as a

remedy for school desegregation - was

filed by the ACLU on December 24 i in

the state Court of Appeal.

The ACLU amicus brief, in the case

of Tinsley v. Palo Alto Unified School

District, argues that Proposition 1 is

itself state action to promote

segregation and consequently violates

the federal constitution.

Tinsley was originally filed in 1976

because of the racial imbalance existing

among elementary schools in the Mid-

Peninsula area. The Ravenswood

School District, with predominantly

_ black enrollment was surrounded by.

school districts with predominantly

white enrollments. Thus, any feasible

plan of desegregation would have to be

an inter-district plan, including schools.

outside of the Ravenswood district.

In April, 1979 the Court of Appeal

agreed with ACLU arguments that

inter-district busing was. a

stitutionally permissible remedy to

segregation in Ravenswood.

However, the passage of Prop. 1 in

November, 1979 undercut the appeal

court decision by limiting the use of

con- -

themselves

heavily against Proposition 1. However

the proponents of the measure,

spearheaded by Los Angeles state

Senator Alan Robbins, utilized scare

tactics and exaggerated claims against

`forced busing'? and gained a 2-1

victory for the measure.

Therefore, when the Tinsley case was

reheard in San Mateo County Superior

Court the inter-district busing remedy

was ruled invalid and the case was

dismissed.

The amicus brief on appeal, filed

jointly by the ACLU-NC and the ACLU

of Southern California, is an attempt to

`have the court overturn the legality of

the state proposition.

According to ACLU-NC staff at-

torney Alan Schlosser, "Originally in

Tinsley we were relying on the_

California Constitution, which has

broader provisions for remedies to

segregation than federal law.

``As amended, we can noxfonger

count on the state constitution but are

basing our arguments on the fact the

limitations of the new amendment are

an act of racial

discrimination, and therefore illegal

under federal law..

"If we win this case, which is the

most significant desegregation case in

Northern California, it will effectively

busing in California to the narrower ~

federal standards. Federal law does not -

allow inter-district busing remedies

unless there is proof that all defendant

school districts intentionally caused the

segregated schools.

The ACLU and many other

organizations throughout the state

committed to racial justice campaigned

throw out Proposition 1."'

The ACLU-NC Board of Directors,

meeting two days after the passage of

Prop. 1 in the state-wide election,

committed the. organization | to

"vigorously pursue litigation which

seeks to remove the Robbins Amend-

ment from the state constitution."

Newspaper Subject to Senate Censorship -

However, the Associate Super-

intendent of Soledad ordered the art-

icles suppressed.

ACLU-NC cooperating attorney Zack

Taylor, an associate of the San

Francisco law firm of Brobeck, Phlieger

Harrison, argued before the high

court that banning any material -

except that which threatens prison

security - amounts to censorship and

should not be permitted.

Taylor said, "The state is trying to

establish a private type of censorship,

but First Amendment rights outweigh

property rights."

He explained that due process calls

for a right to challenge censorship

decisions before controversial news is

stale news, adding, "Prison grievance

procedures are too cumbersome to

allow for timely challenge to a censor's

decision."

' decision." After the argument, Taylor

told the ACLU News, "The outcome of

this case will affect the whole prison |

system - it is not just at Soledad where

inmate journalists face censorship

problems.

"This is one of the few instances

where the court must explicitly

: | | l | ` b . eh "

fe sey ri oe

recognize the rights of inmates in a

`media' context.' ; :

The case was first filed in Monterey

Superior Court by Michael Snedeker,

attorney for a group of inmates at

Soledad Prison.. The Superior Court

and Court of Appeal both ruled in Le

prisoners' favor.

The ACLU-NC joined the case as

amicus curiae when it went before the

California Supreme Court. It is not

known when the final coer will be .

issued.

Flash! Just as the ACLU News was

going to press, we learned that the

prisoner-run paper at the California

Medical Facility at Vacaville, the Vaca

Valley Star had been shut down by

prison officials who deemed some of the

articles ``inflammatory.'' The ACLU is

currently considering filing suit on the

prisoners' behalf.

Common Law Living -

No Grounds for Dismissal

In 1975, Peggy Shields, an assistant

manager at Household Finance Corpor-

ation, was fired from her job simply be-

cause she was living with her boyfriend. -

Nearly five years later, as a result of

an ACLU. lawsuit, Shields was compen-

sated for her dismissal and Household

Finance Corporation has agreed that

the personal living arrangements of an

employee may no longer be used as a

criterion to discriminate against that

person in any Ny related

matter.

The settlement came on December

18, 1980 after a trial court ruled that

firing an employee because of their pri-

vate living arrangements was an inter-

ference with the right to privacy and

could only be justified by proof of a

compelling business interest. _

ACLU cooperating attorneys Harold

McElhinny and Samuel Miller, both of

the San Francisco law firm of Morrison

Foerster, argued that Shields' dis- 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_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1980.batch ACLUN_1981 ACLUN_1981.MODS ACLUN_1981.batch 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

missal was. a violation of her right to

privacy as guaranteed by the Sane

Constitution.

The ACLU also argued that the dis-

missal was a breach of HFC's promise,

made to all employees, not to discrim-

inate on the basis of marital status.

2 pS ew

Bane MRO SW Oo pb gees

As a result of the settlement, House-

hold Finance Corporation, which is

headquartered in Illinois, has agreed to

issue a directive to company managers

and executives in all HFC's 300 Cali-

fornia branches ``not to discriminate

against.an applicant for employment or

an employee in employment, promo-

tion or termination based on that indi-

vidual's living arrangements."'

The directive states, "`As with any as-

pect of an employee's personal life, we

have the responsibility to concern our-

selves only if there is an adverse effect

on the employee's job performance. ~

"Any manager or executive of the -

company who violates this policy will be

subject to disciplinary action, including (c)

- possible termination.'

In addition to the diecive, as a re-

sult of the settlement Shields will re-

ceive a monetary sum as compensation

for her dismissal.

According to ACLU cooperating at-

torney McElhinney, ``This is the first

case in which a private employer was

sued for invading an employee's right to

privacy under the California Constitu-

tion."

Attorney Miller explained, ``This

case is important because Household

Finance Corporation has now recog-

- nized that the living arrangements of its

employees are a personal metter which

have no bearing on the employee's fit-

ness for the job.

Ce Sy

SST

"T believe that in settling the case we

have won a victory not only for the pri-

vacy of Peggy Shields but for all em-

ployees in private industry in Califor-

nia,'' Miller added.

Plaintiff Shields had worked for HFC

since 1971, first as a clerk-typist in Ala--

meda and later as an Assistant Man- -

ager in the company's central purchas-

ing office in Oakland.

After several years of successful ser-

vice, Shields was fired, although her su-

` periors regularly expressed satisfaction

with her work.

Her termination was based on an

HFC general policy which denied em-

ployees the right to reside with persons

- of the opposite sex except in the con-

text of a marital relationship, and for-

bidding the hiring of persons having'

such arrangements.

The information in the HFC direc-

tive is to be communicated to all em-

ployees no later than January 31, 1981.

aciu news

Jan-Feb 1981

Leaflets at the Lab

Lawrence Livermore Laboratory

played unwilling host to a forum on the

arms race sponsored by the Nuclear

Weapons Labs Conversion Project

(UCNWLCP) in November as a result

of a decision in an ACLU lawsuit guar-

anteeing anti-nuclear groups access to

the Lab's oe informational facili-

ties.

The program, entitled "National In- .

security,' included a film War Without

Winners and speeches by two leading (c)

opponents of nuclear weaponry, Rear

Admiral Gene LaRoque and Columbia

professor Seymour Melman, author of

The Permanent War Economy. -

This unusual function for the Lab's (c)

auditorium was made possible by the

June decision of Alameda Superior

_ Court Judge Robert Bostick granting

Paying in Blood -

A petition for hearing to the Cali-

fornia Supreme Court will be filed this

month in an attempt to stop the Butte

County Superior Court from ordering

blood tests of a welfare recipient and -

her two-year-old daughter in a welfare

fraud case.

The court ordered the blood test pre-

sumably to determine that an unre-

ported male allegedly living in the home

of the defendant was the father of the

child.

The ACLU-NC, in an amicus brief

prepared by cooperating attorney

Lynne Bantle of the San Francisco law

firm of Pettit and Martin, will argue that

the blood tests are involuntary bodily

intrusions which would constitute an -

unlawful search and seizure and a vio-

lation of the state right to privacy of

both the mother and her child.

The Court of Appeal upheld the

lower court ruling in the case, Shults v._

Superior Court, in December.

access to the Lab auditorium and Visi-

tors' Center by anti-nuclear campaign- ~

ers. In his decision, Bostick stated,

"The considerations of free speech that _

are involved here outweigh all other

considerations."'

As a result ofthe same ruling, those

touring the Lab's Visitors' Center can

now find UCNWLCP leaflets such as

The Cost of Nuclear Disaster, Nuclear

Terrorism: First Strike vs. Deterrence,

on the information racks among the _

Lab's own pro-nuclear propaganda.

Project members hope to count last

- November's forum as the first step in

creating a dialogue with the Lab's em-

ployees. But future access to the Lab's

facility may not come easy.

Lawyers for the University of Cali-

fornia, which operates the Lab for the

U.S. Department of Energy, have ap-

pealed the Superior Court decision in

the state Court of Appeal. The Lab now.

contends that future auditorium access

should be postponed until their appeal

_is heard.

415/777-4880 if you are looking for a

Help Wanted

STUDENTS/VOLUNTEERS...You

can atrange an internship with the

-ACLU-NC for your classes in Politi-

cal Science, Journalism and Social

Studies. Contact Marcia Gallo at

great educational experience. Also,

general office assistance is always

welcome during the day, Monde)

thru Friday.

_ According to Volunteer Coordi-

nator Gallo, "The hours are long, |

the pay is non-existent but the cause

is just."" Doesn't this sound Just right

for you?

Book Ban Lifted

continued from pagel.

the moon after a character from a. coy

book.

"If Trout Fishing in America can get

to the moon, I think it should be able to

get to Anderson High School," Brauti-

gan said..

On October 2, in a separate ACLU

victory in a school book banning case,

the U.S. Court of Appeals reversed a

1979 lower court ruling that a school

board's action in removing nine books

from the school library in Island Trees,

New York, did not infringe upon First -

Amendment rights. The books banned

in New York included works by Kurt

Vonnegut, Bernard Malamud,

_soshing in Ca lig

Jonathan Swift, Langston Hughes and

Alice Childress among others.

Another ACLU-NC lawsuit,

McKamey v. Mt. Diablo Unified School -

District, which challenges the banning

of the feminist magazine Ms. by a

school board, is still pending in the

Contra Costa Superior Court.

In McKamey, the ACLU is arguing

that restricting access to Ms. to

students who have written permission

from a parent or teacher, is tantamount

to censorship of the magazine.

aclu news

Jan-Feb 1981

fol APTERS

| cis Oath:

continued from page 1

Us, a history of the California loyalty

oath fight, said he ``was in disbelief that

a school district in 1980 would attempt

to enforce this old oath."

"I feel saddened that after all we have

been through, school administrators do.

not understand the Bill of Rights.

"There is a period of instability in

1980 and that is the kind of atmosphere

where these kind of things crop up. It is

_ important that we speak out now

against them,' Rowe added.

In Sacramento, Thomas Griffin,

chief counsel for the state Department

of Education said he agreed that the

Education Code sections in een are

unconstitutional.

Victor Biondi, an aide pound6 tne

Superintendent of Public Schools

Wilson Riles said the loyalty oath

provision is - Sporadically enforced'"' by

local districts.

Biondi noted that the oath is in

"clear contradiction" with the state

constitution and inconsistent with court

rulings.

On January 14, the ACLU received a

copy of the state Board of Education's

answer to the complaint which states,

"Defendants admit all of the

allegations of the complaint ...

except that they have failed to obey and

enforce the Constitution.

_ Still, the Richmond School District

continues to enforce the oath for

- teachers and other potential employees.

Staff counsel Schwartz commented,

"It is ironic that state officials sign an

oath declaring to uphold

constitution, and then force other

-employees to sign an unconstitutional

loyalty oath!"

In the 1950's, the ACLU-NC

intervened in numerous federal

employees' loyalty and-security cases

and defended many teachers who

refused to sign the Levering oath. It was

the case brought by the ACLU of

Southern California, Vogel v. Los

_. Angeles, which resulted in the Supreme

Court's invalidation of the Levering

9.

the

Menborainn Drive a Success

Yolo Tops the List

ACLU- NC' 's fifteen chapters

recruited 159 new members during the

second six months of 1980, bringing the

total chapter recruitment to 193 for the

year. In 1979, the chapters recruited

_ only 83 for the year.

A special fall membership drive

keyed to the ACLU's sixtieth anni-

versary brought in the bulk of new

members. But several chapters waited

until December to sell aggressively.

Yolo County Chapter swept the field

with a total of 29 new members. Yolo

recruited 18 of these last month with a

- special mailing which chapter board

members carefully processed by hand..

Santa Cruz, tied for second with 24,

held a public meeting with Progressive

editor Erwin Knoll to sign up over 10.

Sonoma recruited a similar number by.

including their annual dinner in the.

membership package.

. But, throughout the year, the single

most successful new membership

recruitment method was the direct

approach: a chapter board member

.asking a friend or acquaintance to join

the ACLU.

The ACLU-NC's special revenue

sharing policy allows each chapter to

receive the total income from each new

member the chapter recruits. For

Monterey, also tied for second, this

meant $460 leading all chapters in new

membership income. The Gay Rights

Chapter, also tied for second with 24;

followed closely with $445.

_ The chapters did not meet their

overall goal of 308 new members

suggested by the affiliate, but six

chapters exceeded their goal: Gay

Rights, Monterey, North Peninsula,

Santa Cruz, Sonoma, and Yolo.

The Reagan/Republican election

victory has stimulated.a number of new

memberships in the ACLU both locally

and nationally. The total membership

recruitment by the affiliate is almost

1,200 for 1980. Figures from the

national ACLU, which also recruits new

members in northern California, are

_ hot yet available.

About 50 percent of the first year

members are expected to renew. A

member who renews once is then much ~

more likely to stay with the organization

a number of years. In order to improve

the affiliate's renewals, the chapters

will undertake a special renewal

campaign in 1981 to personally reach

all their members who do not

automatically send in their dues.

Membership Drive Totals -__

Chapter 1980 Total

Berkeley-Albany 9

Earl Warren 12

Gay Rights 24

Marin (c) : 3

Mid-Peninsula 2

Monterey 24

Mt. Diablo 3

No. Peninsula 17

- Sacramento 12

San Francisco 3

Santa Clara AS

Santa Cruz fee D4

Sonoma 15

Stockton 3

Yolo . 29

Total : 193

Oath in 1967.

The suit, Schmid v. Lovette, seeks a

ruling that the state Education Code

loyalty oath is unconstitutional and

illegal as well as an order requiring that

the State Board of Education inform all

school districts that the.oath should not

be administered. _

The hearing is scheduled for January

30. SS

Born (Again)?

continued from page 2

will call the ACLU to the fore as an

opponent.

While opportunist politicians may

bask in false comfort of knowing that

they can pose as eradicating this men-

ace by simply casting a vote to outlaw

the associations - everyone's First.

Amendment rights would' be

_ diminished.

Increasing Efforts

Are we prepared to respond to this

| Join the i

5 print.)

many-sided challenge? On January 14

`the ACLU-NC Board of Directors, faced

with serious financial deficits, took the

courageous step of maintaining our cur-

cent staff by committing themselves to

raise the additional $130,000 needed to (c)

meet the $500,000 combined 1981 bud-

gets of the ACLU and the ACLU Foun-

dation.

When the Board considered the more

expedient option of cutting our pro-

gram, realizing that in these times the

ACLU must preserve and strengthen ,

our fighting ability, they were deter-

| reconize the dangers to civil liberties and want to join the fight to strengthen 0x00A7

g our constitutional rights. Please sign me ae as'a member of the ACLU. (Please g

E Name

- Address

0x00A7 City/State/Zip

Telephone

F Please return check or money pre: to Membership, ACLU-NC, 814 Mission

St., Rm. 301, S.F. 94103 CA.

= Pinaividaat Membership $20.00 Joint ee! $30.00

mined to make this extraordinary effort.

to provide the necessary resources.

While our funds raised through

membership have not increased over

the last two years, we have many new

members who have joined the ranks this

year, as a result of efforts by staff and

chapters in the 60th Anniversary Mem-

bership Drive (see p. 8).

In addition, the ACLU Foundation

of Northern California has been able to

withstand recent financial pressure due

to the supporters of civil liberties who

have made generous bequests in their

wills.

grants, as well as increase the number

and amount of tax-deductible gifts to

the ACLU-NC Foundation in 1981.

These measures are necessary to see

us through these times when the twin

blows of inflation and the expenses

generated through increased litigation

are taking their toll on ACLU finances.

Since the election, even the New York

Times has predicted that people will

turn to the ACLU as a reliable bastion

against a rising tide of reaction.

It is a time when the chilling threat

presented by the new administration

can be turned into an impetus which

brings our resources and energy

together and mobilizes us for action.

--Calendar-

| Watch On The Rhine followed by

- Rd. and School St. Order tickets

B-A-K

BOARD MEETING, Thursday, Feb-

ruary 26, 8pm; call 548-1322 for lo-

cation. All members welcome.

Earl Warren

CHAPTER NOMINATIONS: The |

Earl Warren Chapter is seeking nom- | -

nations for its 1981/1982 board of |

directors. Interested parties should

"write P.O. Box 1865, Oakland, CA

94604 or call Michael Coppersmith

at 415522-2626.

Mt. Diablo

THEATER PARTY. Saturday, Feb-

ruary 7, 8:30 p.m. Lillian Hellman's

wine and cheese with chapter mem-

bers. Lafayette Town Hall, Moraga

from ACLU c/o Betty Kunkel, 260

Bliss Ct., Walnut Creek, 94598. In-

formation: 415-935-3585.

We also intend to seek Foundation

Know Your Rights

Your Rights To Privacy is a new pub-

lication from the ACLU which cuts

through the myths, misconcepticns,

and misuses of privacy laws and gives (c)

you straight talk about credit informa-

' tion, school records, government files

and more. Your Rights To Ante is- the

latest in the ACLU Rights of . .S sefieS'

The ACLU's Rights of . . . series are

guides which set out your riplits under

present law and offer suggestions on

how you can protect your rights.

-You can order these invaluable civil .

liberties guides simply by checking off

the books you want on the list below

and sending a check or money order to

Book Order, ACLU-NC, 814 Mission

St., Rm. 301, San Francisco 94103.

CS 2S St SE A RES SS Oe ES Se OT ee

I would like to order the following:

The Rights of:

Aliens ($1.95)

Candidates and Voters ($2.50) _

Ex-Offenders ($1.95)

Government Employees ($1.75)

Hospital Patients ($1.75)

Lawyers and Clients ($1.95) -

Mental Patients ($1.75)

Mentally Retarded Persons

($1.50).

Military Personnel ($1.50)

Older Persons ($2.50) .

Parents ($2.50)

Physically Hangicapped ($2. a

Poor ($1.25)

Prisoners ($1.50)

Racial Minorities ($1.95)

Reporters ($1.75)

Students ($1.75)

Suspects ($1.25)

Teachers ($1.50)

Tenants ($1.95) _

Union Members ($2.25)

Veterans ($1.75)

Young People ($1.75)

Your Rights to Privacy ($2.50)

Hi | HUTT

Name _

Address __

City/State/Zip

~ Total Amount Enclosed