vol. 47, no. 7

Volume XLVI

Prison News -Open-and-Shut C: (c)

The Vacavalley Star - censored by

- prison officials at Vacaville and shut

down by the Department of Corrections

along with the six other state prison

_ newspapers -- is printing again. The re-

emergence of the beleaguered broadsheet

is due to the efforts of ACLU-NC co-

operating attorneys William ``Zak'' Tay-

lor and Peter Goodman of the San Fran-

cisco law firm of Brobeck Phleger and

Harrison and the skillful negotiations of

Assemblyman Art Agnos.

The Star is the subject of an ACLU

lawsuit, Diaz v. Watts, initially filed in

1981 when an entire issue of the paper

was destroyed and the editor, inmate Vic

Diaz, was booted out of his office by

prison officials at the California Medical

Facility in Vacaville.

In April 1981, attorneys Taylor and

Goodman and ACLU staff counsel Alan

Schlosser succeeded in winning a pre-

liminary injunction from Solano County

Superior Court Judge William Jensen

ordering that the editor be reinstated and

the paper published without undue har-

assment or censorship from prison

officials.

Judge Jensen postponed a final deci-

aclu ne

October 1982

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A@L(R) cooperating attorneys Peter Goodman and Zak Taylor (.) fought to the

Vacaville inmates newspaper from being censored and shut down.

sion in the case until another prison news

censorship case, Bailey v. Loggins, was

decided by the California Supreme

Court. That decision is still pending.

Despite the judge's order, however,

prison officials continued to plague the

Tenth Annual Celebration

Martinez, Wicker

for Rights Day

Vilma Martinez, former president and

general counsel of MALDEF (Mexican

American Legal Defense and Education

Fund) has been chosen to receive the Earl

Warren Civil Liberties Award at the

ACLU-NC's tenth annual Bill of Rights

Day Celebration.

New York Times columnist and As-

sociate Editor Tom Wicker will be the

Vilma Martinez - Earl Warren Civil

Liberties Award winner.

keynote speaker at the event, which will

be held on Sunday, December 5 at the

Sheraton Palace Hotel in San Francisco.

The Bill of Rights Day Celebration is

the culmination of the ACLU-NC's an-

nual fundraising campaigns. The Bill of

Rights Day and Major Gifts Campaigns

support virtually the entire legal program

of the ACLU-NC Foundation. Each

year, donors make tax-deductible contri-

butions to the Foundation and are recog-

nezed in the Commemorative Booklet

issued the day of the Celebration. The

combined fundraising goal this year is

$250,000 (see article p. 7).

As this is our tenth anniversary cele-

bration of Bill of Rights Day, we are

making an extra special effort,'' said

Jake Rubin, chair of the Bill of Rights

Campaign. ``Already, many chapters

have set up solicitation teams to seek do-

nations in their local areas and affiliate

board members are speaking with

donors about the extraordinary needs of

the ACLU-NC this year."'

The ACLU-NC selected Vilma Mar-

tinez as the award recipient in July. Each

year, for the past ten years, the Earl

Warren Civil Liberties award has been

presented to a person or persons who

have distinguished themselves as

champions in the battle to preserve and

continued on p. 7

paper's production. Taylor | and

Goodman went back to coMataseve

times seeking contempt judgments

against prison officers for continuing to

censor the paper and delaying its pro-

duction.

On August 23, the ACLU attorneys

were scheduled for another contempt

motion in the Solano . courthouse,

charging prison officials with censorship

of two specific articles and unnecessarily

delaying the paper by holding articles for

review for an inordinate length of time.

The week before the Monday hearing,

Department of Corrections Director

Ruth Rushen issued a directive shutting

down the Star and six other state prison

newspapers.

Department of Corrections spokesper-

son Phil Guthrie claimed that the drama-

tic move was unrelated to the legal dis-

pute over the state's power to censor pri-

son newspapers. He said that the $58,000

per year spent on the papers could be

better spent on funding jobs for pri-

soners and argued that the shutdown was

not an infringement on prisoners' First

Amendment rights because "inmates

have the right to send letters to the editor

(of an outside newspaper) just as you or I

Ao.

"This was absolute deception,"'

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lor countered. ``The closing of the prison

newspapers was clearly in retaliation for

controls the court had placed on prison

officials because of the censorship law-

suits.""

Taylor explained that ACLU papers

filed in the case contained minutes of a

meeting where CMF prison officers had

decided to request the Department of

Corrections to shut down the prison

newspapers so as to avoid the censorship

issue.

"The financial saving is also a red

herring. We had been asking for months

that Diaz be paid as editor of the Scar,

instead of having to work in the prison

craft shop. Why not pay the inmates to

work on the paper?"' Taylor said.

' "Besides, the Department said that

they would replace the inmates' papers

with a newspaper produced by the staff.

That paper would cost money too," he

added.

Change in Plans

Taylor and Goodman immediately al-

tered their plans. At the scheduled hear-

ing they charged the Department of Cor-

rections with wholesale interference with

prisoners' free speech rights and chal-

lenged the directive as a blatant act of

censorship and retaliation against out-

spoken prison newspapers such as the

Star.

An emergency hearing was set for

September 3.

However, on August 24, bowing to

public and political pressure, Guthrie

`announced an about-face: the Depart-

ment of Corrections reversed its decision

to shut down the prison newspapers.

The announcement came after Assem-

~blyman Art Agnos met with Director

Rushen, urging her to keep the papers

open. Agnos, a strong supporter of pri-

soners' rights, said, `"The terrible, ter-

rible conditions in prison make it impor-

tant that prisoners have a voice.

`"And their only voice is the prison

newspaper,'' Agnos added.

Agnos had also prepared to introduce

legislation to ensure continued funding

of the inmates' papers. He is the chair of

continued on p. and

aclu news

october 1982

ACLU-NC BALLOT CHOICES

At its September meeting, the ACLU-

NC Board of Directors took a stand in

favor of the nuclear freeze ballot initia-

tive, in opposition to a statewide ballot

"measure which would provide textbooks

at public expense to private schools, and

in support of a San Francisco measure to

establish an Office of Civilian Com-

plaints within the Police Department.

The Board also passed a resolution com-

mitting the organization to educate the

electorate on the role of the independent

judiciary.

Nuclear Freeze

Proposition 12

Stating that ``the presence and pro-

liferation of nuclear weapons is inherent-

ly antagonistic to the maintainence of

civil liberties,'' the Board voted to en-

dorse the nuclear weapons freeze cam-

paign. The measure, which appears as

Proposition 12 on the November ballot,

calls for a freeze on the testing and de-

ployment of nuclear weapons.

The policy passed by the Board also

expressed concern over the possiblity of

increased governmental surveillance and

suppression of rights in the name of na-~

tional security, ``making impossible in-

formed citizen debate and consent on an

issue critical to our survival."'

School Textbooks

Proposition 9

Supporters of parochial schools have

placed Proposition 9 on the ballot, a _

measure which would overturn the

ACLU of Southern California 1981 vic-

tory in California Teachers Association -

v. Riles. The California Supreme Court

held that the state's so-called textbook

loan program for grades K-8 in private

-and parochial nonprofit schools violated

the state Constitution's prohibition on

spending money for sectarian purposes.

The decision was significant because

the U.S. Supreme Court had previously

held that the federal Constitution does

not prohibit such programs.

The former California program was

called a `"`loan'? to pupils in private

schools, but it actually operated in much

the same' fashion as the public school

textbook program. The state purchased

books and sent them to the schools on

request. The schools did not return the

books to the state: they were used re-

peatedly until the books were worn out

or obsolete.

`Once the books became obsolete, re-

ligious schools would give them to other

religious schools or send them to foreign

missionaries. The former program, be-

EER Re eee eee eee eee eo

i

i

' ACLU-N C Ballot Card

1Proposition 9

'Loaning Public Textbooks to Private Schools NO I

`Proposition 12

tNuclear Freeze YES [xl

(Measure A (San Francisco)

, Establish an Office of Civilian Complaints YES and

i :

Take this card with you to the polls! |

fore it was declared unconstitutional,

cost California taxpayers nearly $4 mil-

lion a year.

Proposition 9, sponsored in the Legis-

lature by Senator Alan Robbins, would

amend the state Constitution - the basis

for the decision in CTA vy. Riles - by

permitting the state legislature to "`lend"'

books to all private schools, prefit and

nonprofit alike, and by extending the (c)

provision of books beyond the former

limit of eighth grade, to twelfth grade.

According to the state legislative

analyst, these extensions.of the old pro-

gram would cost the state at least an ex-

tra $1 million, brining the total projected

cost to over $5 million annually. This

figure does not include the administra-

tive cost of running the new program,

however.

_ The ACLU-SC Church/State Project

attorney Dorothy Lang assisted the op-

ponents of Proposition 9 in drafting

their ballot arguments against the mea-

sure. Six prominent religious, educa-

tional and political leaders signed the op-

posing arguments, which were chal-

lenged in court by the lobbyist for the

Catholic Conference.

The ACLU lobbied against this mea-

sure when it was before the Legislature, (c)

and has long held that such a practice is

unconstitutional on the grounds of sep-

aration of church and state.

Jail Expenditure

Proposition 2

On October 4, the Executive Com-

mittee decided to recommend to the

Board that the ACLU-NC oppose Prop-

osition 2, the County Jail Capital Ex-

penditure Bond Act. The recommenda-

tion was made in consideration of the

ACLU's position that increased jail con-

struction will not. solve the very real

problem of overcrowded, inhumane con-

ditions in our jails.

At the time the ACLU News went to

press the full Board had not yet voted on

the recommendation. That vote will

occur at the October 14 Board meeting.

Civilian Complaints

Measure A

Measure A on the San Francisco city

ballot is a proposed amendment to the

San Francisco Charter establishing an

Office of Civilian Complaints. The

OCC, which has long been supported by

the ACLU as a means to monitor and

check police misconduct, would establish

civilian investigation of complaints, and

the possibility of hearings before civilian

hearing officers.

According to ACLU-NC staff coun-

sel, Amitai Schwartz,

make a difference because good, solid, |

unbiased investigation is extremely im-

portant for police accountability. Under

the present system, police officers in-

vestigate other police officers. The Police

Department is a tight fraternity - it is

difficult for many people to believe that

officers can be free of bias when they

investigate other police officers."'

Schwartz noted that the OCC would

be responsible for investigating com-

plaints of police misconduct and com-

plaints that a police officer did not per-

form a duty required by law. The OCC

would also recommend disciplinary :

action to the Chief of Police when such

action is warranted. Currently all com-

plaints of police misconduct go to the In-

ternal Affairs Bureau of the Police De-

partment. .

The OCC was first proposed by the

S.F. Bar Association in 1976. Since then,

despite intensive lobbying by the ACLU

and other organizations, it has faced a

rocky road in City Hall, opposed both

by the Police Commission and Mayor

Feinstein. In May, 1982 the Board of

Supervisors supported a proposal by

Supervisor Harry Britt to submit the

OCC to the electorate at the November

election.

Independent Judiciary

ACLU-NC Executive Director Doro-

_thy Ehrlich told the Board that because

"The OCC will

of the growing attacks on the indepen-

dence of the judiciary, and in particular,

strident criticism from the right to three'

new appointees to the state Supreme

Court, the ACLU is receiving many in-

quiries about its position on the current

campaign.

After a lengthy discussion, the Board

passed the following resolution,

The ACLU of Northern California is

concerned that the California system for

the periodic confirmation of judges by

the electorate is abused when it focuses |

on the particular philosophy of a judge

rather than his or her overall Coe:

tence.

An independent judiciary, a funda-

mental element of the separation of

powers, has proven during the last 200

years to be one of the greatest contri-

butors to the preservation and strength-

ening of Constitutional government.

Judges who must weigh the likely popu-

lar reaction to any particular decision

and to bear in mind, as they decide cases

in light of the Constitution, that their

own tenure in office may be at stake,

cannot be expected to perform their

functions adequately.

The ACLU believes that the basic no-

tion of an independent judiciary is being

perverted in the name of politics in the

current campaign against confirmation

of four Supreme Court justices in

November. The ACLU is committed to

the active participation of an informed

electorate and will seek to educate and

inform the people of the role of indepen-

dent judiciary in our system.

fhe ee oe es es ee ee a

-aclunews ~~

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

_ Davis Riemer, Chairperson Dorothy Ehrlich, Executive Director

Marcia Gallo,

ACLU NEWS (USPS 018-040)

ae 1663 Mission St., 4th floor, San Francisco, California 94103. (415) 621- 2488

`Membership $20 and up, of which S0 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

Chapter Page 2 :

aclu news

october 1982

Top Court Puts Lid on Secrets

The ACLU's 6 year court battle to win

access to secret files kept by the state for

the Law Enforcement Intelligence Unit

(LEIU) ended on September 27 when the

California Supreme Court ruled that the

Attorney General was not required to

make the files available under the Cali-

fornia Public Records Act.

The ACLU had sought a sample of

the index cards used by the LEIU in

order to determine whether the state was

engaged in surveillance of political

groups and non-criminal private citizens.

The 5-1 decision of the high court,

authored by Justice Allen Broussard, al-

lowed the ACLU access to computer

printouts which contain non-confidential

information derived from _ public

records, but not to the more thorough

and up-to-date LEIU index cards.

"After careful examination of the

LEIU index cards,'' Broussard wrote,

`"we conclude that in the present case the -

public interest predominates against dis-

closure of the cards."'

Despite the fact that the ACLU had

specifically requested that all names and -

identifying information be deleted from

the cards before disclosure, the court re-

lied on provisions of the Public Records

Act barring disclosure of `"`personal

identifiers, confidential sources, and

confidential information relating to

criminal activity,'' to deny access.

The court admitted that some material

on the cards is not exempt from disclo-

sure. But the majority held that `"`It is

clear that the burden of segregating

exempt from non-exempt information

on the 100 cards would be substantial.'"

ACLU staff counsel Amitai Schwartz,

who argued the case twice before the

Supreme Court, described the decision as

a "mixed bag, but definitely a net loss

for the ACLU and for freedom of infor-

mation in general."'

``We are especially concerned that the -

ruling seemed to give more weight to the

bureaucratic inconvenience of sorting

out non-exempt material than to the es-

sential right to know.

"T fear that this will set a standard for

other state and local agencies to deny ac-

cess to information,'' Schwartz said.

`*Bureaucrats will look for a way to deny

people access to information.

"Unfortunately, the Supreme Court

decision opened the door for them to do

just that,'' Schwartz added. ``They can

now say `It's too much trouble.' "'

He added that the disclosure of the

computer printouts would be useful in

assessing what kinds of information the

Board Officers

At the September meeting, the ACLU-

NC Board of Directors elected the fol-

lowing officers to serve for 1982-1983

term: Davis Riemer, Chair; Richard Cri-

ley, Jerome B. Falk, Jr., Eva Jefferson

Paterson, and Nancy Pemberton, Vice-

Chairs; and Lisa Honig, Treasurer.

In addition to the officers, the Board

elected the following persons to serve on

the Executive Committee: Donna Hit-

chens, Sylvan Heumann, _Drucilla

Ramey, Linda Weiner, and Frances J

Strauss. The Executive Committee also.

includes the chairs of standing commit-

~ tees: Sanford J. Rosen, Legal Commit-

tee; Peter Hagberg, Field Committee;

and Bernice Biggs, Development

Committee.

state was holding but noted that the

printouts contain mostly stale informa-

tion. `""The computer program ended in

1976,' Schwartz said. ``Although the

`LEIU still uses the old data, .it will only

provide us with`a minimal profile."'

Watergate Atmosphere

The ACLU originated the pursuit of

the. documents in 1976, when, in the

aftermath of Watergate, there was a

great deal of concern and _ suspicion

about government surveillance of poli-

tical opponents.

``Similar. cases in other states revealed

that state agencies feeding information

into the LEIU were engaged in political

spying of law-abiding citizens.

`Litigation in Chicago, for example,

revealed the name of former California

state Senator Nate Holden on one of the

LEIU index cards,'' Schwartz said. ``He

was on record simply because he had

rented a house for four months to a

member of the Black Panther Party.

"All of this indicated to us that the

LEIU, a quasi-public consortium of

INS Must Halt Illegal

The INS must stop illegal raids in

search for aliens and must cease retal-

iating against plaintiffs who filed suit to

halt those raids, U.S. District Court

Judge Robert Aguilar ruled on Septem-

ber 16.

Judge Aguilar issued a preliminary in-

junction which states that immigration

officers cannot enter business premises

without warrants or consent from em-

ployers. :

`"`The injunction simply orders the INS

- to operate within its own guidelines and

according to the Consitution of the

United States,'' said Mort Cohen of

Golden Gate University Constitutional

Law Clinic who argued the case for a

coalition of civil rights groups.

Robert Moschorak, chief of immigra-

tion investigations in San Francisco told

the press, however, that the order will

`effectively shut down 90% of our oper-

ations."'

The suit, International Molders v.

Nelson, was filed in August by the

ACLU-NC, MALDEF. and other legal

groups on behalf of a labor union,

workers, and employers who were the

spies, spooks and intelligence operators,

was, in fact, unlawfully intruding on the

private lives of law-abiding people.

After an in camera inspection of the

LEIU cards in 1978, a Sacramento Su-

perior Court judge stated that they were

full of ``gossip, rumor, and hearsay,"'

and should be made accessible to the

ACLU for inspection.

That decision was reversed on appeal

in 1980, with Justice euroruz Reynoso dis-

senting. Because of his participation in

the appellate decision, Justice Reynoso

did not take part in the Supreme Court

decision.

In a strong dissent, Chief Justice Rose

Bird stated that the decision was ``ab-

surd'' and undermined the whole

purpose of the Public Records Act. She

supported the ACLU contention that all

of the information should be made

public.

"The ACLU's concern stems from

mid-1970's revelations on the national

level of law enforcement abuses in the

acquisition and maintainence of infor-

mation for suveillance purposes,'' Bird

wrote. ``The fears expressed at that time

have increased as a result of the [Cali-

fornia Department of Justice's] recent

publication of a report purportedly re-

lating to organized crime and terrorism.

"The report suggests that the Depart-

ment views its duty to monitor organized

crime activities as covering `activities of

domestic extremist groups in the forms

of rallies and demonstrations.' "' (Empha-

sis added).

The report to which Bird_ referred,

Organized Crime in California - Ter-

rorism, was presented to the court by

Schwartz to illustrate what kinds of First

Amendment activities the Attorney

General considers to be worthy of crim-

inal surveillance.

Schwartz said that the ACLU will con-

tinue to fight for the right to know and

will seek immediate legislation to ensure

that public agencies cannot claim ``ad-

ministrative burden'' as an excuse for

denying access to public information.

99

victims of ``Project Jobs,'' a massive

INS raid of workplaces in April. One

week after the suit was filed, warrantless -

raids took place against two employer

plaintiffs, Neve Roses and Pearl River

Mushrooms, both in Petaluma (see

ACLU News, August-September, 1982).

``We suspect that the quick repeat of

these raids was in retaliation against

these two employers for filing suit,'' said

Susan Brown, A MALDEF attorney.

`Judge Aguilar's injunction prohibits

such retaliation against the plaintiffs in

the `Project Jobs' case."'

The suit attempts to halt a wide range

of illegal practices which typically occur

in INS raids. The complaint charges that

during Project' Jobs and subsequent

raids INS agents surrounded workplaces

and blocked all exits. Agents questioned

and arrested Hispanic workers without

probable cause to suspect that they were

illegally in the country. Hundreds of

workers, including U.S. citizens, were

handcuffed and detained without being

told of their legal rights. Many were sub-

- ject to threats and physical abuse.

The suit charges that these actions are

Hotel Clerk Cleared

Gail Manning, the Oakland hotel clerk

who was charged with violating an 1872

statute prohibiting ``keeping a house of

public resort knowing that it is to be used

for the purpose of an assignation,'' was

vindicated last month when the Court of

Appeal struck down the statute as over-

broad (ACLU News, June-July 1982).

The ACLU and California Attorneys

for Criminal Justice supported Man-

ning's challenge to the consitutionality

of the law in the Court of Appeal after

her original challenge was denied in the

Oakland-Piedmont Municipal Court.

The ACLU brief argued that the pro-

scription of ``assignations'? - a vague

term nowhere defined in the Penal Code

- was particularly objectionable. Staff

attorney Margaret Crosby explained that

such prohibited conduct is virtually iden-

tical to ``private consensual sexual be-

havior'' which has been repeatedly pro-

tected by decisions of the state Supreme

Court.

The Court of Appeal agreed with the

ACLU, finding the statutury prohibition

of conduct described as ``assignation'' so

worded that its enforcement ``could in-

fringe upon an individual's constitu-

tional right to privacy.'

Acting Presiding Justice Allison Rouse

wrote that in 1872, when Penal Code 316

was enacted, ``assignation'' was `"`gen-

erally understood to denote conduct

involving the commercial exploitation of

illicit sexual activities,'' but that the pre-

sent understanding is ``sufficiently un-

certain as to make it unlikely that an

average individual would have any clear

idea of what conduct fell within the pur-

view of that term."'

Such vagueness, ruled the court,

allows for the unfettered discretion by

the police in determining for themselves

what conduct shall constitute ``assigna-

tion."'

The unanimous decision by the Court

of Appeal sustained Manning's request -

to have the charges against her dropped

cave

Raids

the common practice of the INS and vio-

late the Fourth, Fifth and Sixth Amend

ment to the Constitution.

Though. a federal court decision in

July, ILGWU y. Sureck, placed strong

limits on workplace raids, INS raids have

continued in California. International

Molders v. Nelson addresses the alien

raid question more widely than the Los

Angeles case because it represents

employers whose workplaces were

disrupted as well as workers and unions.

It also raises such issues as the. unfair

singling out of Hispanic workers and the

denial of rights to counsel and to remain

Silent.

Joaquin Avila, president of

MALDEF, said, ``We hope the order

will, in fact, stop these raids which whip .

up anti-alien hysteria and terrorize His-

panic communities."'

Joining as co-counsel in the suit are

ACLU-NC, MALDEF, National

Lawyers Guild, Asian Law Caucus, Cali-

fornia Rural Legal Assistance, the Con-

stitutional Law and Immigration Law

Clinics of Golden Gate University, and

the law firm of Van Bourg, Allen, Wein-

berg, and Roger.

aclu news

october 1982

aclu news

octoboer 1982

You should have been there! Over 200 ACLU members and

supporters converged on the Claremont Hotel in Oakland on

the weekend of October 2 - 3 for our Annual Conference. They

came from Fresno and Marin, Stockton and Sonoma - they

came from all over northern California to learn about the many

issues the ACLU is working on and to plan for the year ahead.

Excitement was in the air from the very first breakfast

plenary session where Wade Henderson, our lobbyist in

Washington, D.C. gave an insider's report on the victories and

setbacks in Congress this year - from the extension of the

Voting Rights Act to the defeat of the school prayer and anti-

abortion amendments. He gave a stunning analysis of the

various components of what we loosely call the `New Right,"

and warned that their agenda is as varied as their interests

(which vary from a Cold War stance on national security to a

racist stance on immigration) and that though we achieved alot

this year, we should not let our guard down for a minute.

Ea

The workshops - Winning Reproductive Rights, The Right

to Know - The Right to Speak, Crime and the Climate of Fear,

Registration Minus the Draft, Immigration - the Land of the

Free?, and the Nuclear Weapons Freeze - were led by im-

pressive panels of experts and the lively discussions allowed

us all to really explore the issues behind the headlines. Did you

know that even ACLU members don't always agree?

Author and First Amendment advocate Nat Hentoff gave the

keynote address on Saturday night - he told a variety of tales

to underscore his point that lack of education about one of our

most fundamental freedoms - the First Amendment - is a

growing threat to freedom of expression. Citing recently

enacted legislation such as the Intelligence Identities Pro-

__| tection Act (which makes it a crime to publish the name of an

intelligence agent even if the source of the information is

public) and the Blitz Amendment (which outlawed CETA grants

| to members of political parties that advocate the overthrow of

| the government), he warned that many legislators - though

they are lawyers - "don't have the remotest idea of what they

| are doing when they enact such laws," and called on_-all civil

_| libertarians to Speak out against these violations. )

; Sea

Our Saturday night - which was enlivened by a surprise

visit from Representative Ron Dellums - did not wind down

until the wee hours of the morning, thanks to the Salsa music

of Chevere. People who never thought they could, just cha-

cha'ed, rhumba'ed and samba'ed all night.

Aileen Hernandez - who has a wealth of experience in the

women's, civil rights and labor movements - shared with us a

beautiful tribute to Rosie Jimenez (the first woman to die after

funding for abortion was cut off by the federal Hyde Amenda-

ment) and to all of those whose deaths were caused by racism, |

sexism and class oppression. Their deaths, she told us, must

be vindicated by our continuing fight to change this society. .

San Francisco Municipal Court Judge Mary Morgan

reminded us "not to leave the fight for justice to lawyers and

judges," and that it is up to all of us - community activists,

labor organizers, ordinary, caring people - to make sure that

the rights that have been won in the courts are preserved and

strengthened by our own efforts in the workplace, in our

neighborhoods, in the political arena.

Een ae

The clapping that accompanied the Bluestein Family's

blues, reggae, Irish and Cajun songs was not, | suspect, just

for the very lively musical beat, but spontaneous applause for

the whole weekend!

We were all so impressed by the efforts of the Field Ex-

ecutive Committee - Bernice Biggs, Dick Criley, Peter Hag-

berg, Anne Jennings, and J.R. `Jake'? Rubin, - and the Staff

- Field Organizer Marcia Gallo assisted by Sally Smith - in

organizing the weekend's events. They really know how to put

on aconference! :

And have | forgotten to mention the view, the chats by the

pool, the relaxing hospitality suite hosted by the BeAeK and

Earl Warren Chapters, ... You really had to be there! We'll see

you next year - for sure!

ak

6 aclu news

october 1982

Challenges Begin

Prop 8 OK'ed by Court

by Dorothy Ehrlich

ACLU-NC Executive Director

Proposition 8 opponents were handed

a narrow defeat on September 3 when

the California Supreme Court issued its

4-3 decision upholding the validity of the

Gann anti-crime initiative passed by the

voters in June.

The close court decision addressed

only the question of whether

Proposition 8 - a massive overhaul of

the criminal justice system which the

ACLU vigorously opposed - failed to

comply with the procedural requirement

that ballot measures brought directly to

the voters may only address a single

subject.

Opponents had argued that Proposi-.

tion 8 failed to meet the ``single subject"'

test, since the measure embraced /2 sep-

arate changes in the criminal justice sys-

tem - changes as diverse as establishing

a "right to a safe school'' to repealing

the entire California Evidence Code.

Opens the Door

The high court decision means that

Proposition 8 is technically valid. It does

not mean, however, that the 12 sub-

stantive changes in criminal law con-

- tained in the measure are constitutional.

Thus the September ruling opens the

door for a wave of lawsuits to challenge

each of the 12 separate issues covered in

the proposition.

Immediately following the decision a

coalition of public interest lawyers, pub-

lic defenders and community organi-

zations called an emergency meeting to

begin considering challenges to the var-

ious components of the measure and to

assess the immediate consequences.

Training sessions for attorneys have al-

ready been arranged.

A subcommittee to monitor Proposi-

tion 8 issues as they develop in the lower

courts was also set up.

Issues which the ACLU is particularly 7

concerned about include: the so-called

truth-in-evidence provision, which pur--

ports to repeal the exclusionary rule even

when the police violate the state consti-

tution in searches; certain. provisions

dealing with sentencing ``habitual'' of-

fenders; and provisions restricting bail.

Popularity Polls

The right to a fair trial, the right to be

presumed innocent until proven guilty,

the right of reasonable bail and other

constitutional guarantees may not pre-

vail in popularity polls this season. There

is, however, reason to believe that this

current wave of anti-crime hysteria is

waning.

And reason to believe that the

ACLU's insistence on protecting those

rights - which ultimately protects us all

from the potential abuse of a lawless

government - must also, in time, pre-

vail.

As the first convictions for failure to

register for the draft were handed down

this summer, the government launched a

massive effort to force the over half a

million young men who have not ye

registered to do so. :

Draft Dragnet Tightens

ter in February specify the call-up of 20-

year olds first in a draft. Those born in

1963 will be 20 years old in 1983."'

Also in August, HR 6030 - the Solo-

mon Amendment - was passed by Con-

gress and signed into law by the Presi-

EATUS 2/ NAW,

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In August, the Selective Service Sys-

tem sent out 33,000 letters in IRS en-

velopes warning men born in 1963 to

register within fifteen days of receipt.

The IRS plans to randomly select 200

names out of the list and hand them over

to the Justice Department.

According to ACLU Board member

Judy Newman, an anti-draft activist,

`The selection of young men born in

1963 was not accidental. The Rules and

Regulations entered in the Federal Regis-

Death Law Sent Back for Review

On September 16, the U.S. Court of

Appeals sent the death sentence convic-

tion of Robert Alton Harris back to the

state Supreme Court for a far-ranging re-

view, blocking executions in the state for

an indefinite period.

A three judge panel ordered the state

high court to hold a hearing to ``deter-

mine whether the penalty in this case is

proportionate to other sentences

imposed for similar crimes.'' A propor-

tionality review is aimed at determining

whether a death sentence was imposed

according to previously accepted

standards and was not ``arbitrary and

capricious."

The California Supreme Court must

now reconsider Harris' death sentence

and include a proportionality review in

more than 100 other pending Death Row

cases.

The ACLU-NC filed a joint amicus

brief with the State Public Defenders

Office in support of Harris' petition in

federal court for a writ of habeus corpus.

Harris was the first San Quentin Death

Row inmate to exhaust all his state court

appeals. No federal court had ever re-

viewed' the California death penalty

statute as it was adopted in 1977.

The joint amicus brief, prepared by

public defenders Michael Millman,

Charles Sevilla, Ezra Hendon and Eric

Multhaup and ACLU-NC staff counsel

Amitai Schwartz, had raised several ob-

jections to the law under which Harris

was sentenced. Millman explained, ``Un-

like every other state, California lacks

the procedural protections necessary to

ensure that there is a meaningful basis

for distinguishing the few cases in which

the death penalty is imposed for the

many where it is not."'

Millman said that the protections in-

ee ` G per

Ce:

clude a requirement of jury unanimity on

capital punishment, clear objective

standards to guide the jury on their death (c)

penalty decision, and some statewide ap-

pellate review mechanism to ensure that

the death penalty is not being arbitrarily

or capriciously applied.

It was the last requirement that the

federal court found lacking in the Cali-

fornia law, although it upheld the state

capital punishment statute on all other

grounds.

The Court of Appeal also decided that

even if the California Supreme Court

finds the death penalty was not being

applied in an arbitrary or capricious

fashion - or disproportionately - the

U.S. District Court may nonetheless

have to hold hearings on claims of dis-

crimination. -

Harris' attorney, Michael McCabe

from San Diego, argued that in 1980,

67% of those people given the death

penalty for robbery-murder (Harris'

conviction) had murdered white victims,

while only 4% had murdered blacks and

29% had murdered victims in other

minority groups. :

``The death penalty is being applied in

a way that discriminates against those

convicted of murdering whites,''

McCabe explained.

The federal appeals court noted, ""We

do not believe the state accorded Harris a

full and fair hearing on these constitu-

tional claims."'

Deputy state public defender Michael

Millman said that he was gratified by the

decision and expressed hope that the

state's death penalty law would even-

tually be declared invalid, based on the

grounds raised in the Harris case.

Millman said it would be "`uncon-

scionable'' for the state to consider

further executions until the constitu-

tional questions in Harris' case were con-

clusively resolved in state and federal

courts.

Harris came within days of an execu-

tion last March before the Court of Ap-

peals agreed to stay the execution. No

one has been executed in the state since

1967.

dent when he signed the Defense Author-

ization Bill. This provision bars student

loans, grants or other aid under Title IV

of the Higher Education Act to any male

student who. cannot prove he has

registered. 4

The bill goes into effect on July 1,

1983.

David Landau, lobbyist with the

ACLU National Legislative Office in

' Washington, D.C. and an editor of |

Draft Action, said that constitutional

arguments such as discrimination and

lack of due process will be raised in any

- court challenge to the implementation of

the aid cut-off.

Nationwide there have been 10 indict-

ments of non-registrants. There have

been two trials and two convictions.

In Roanoke, Virginia, Enten Eller, a

religious objector, was convicted and

sentenced to 3 years probation and 250

hours of community service with the

proviso that he register in 90 days. He

maintains that he will not register.

Ben Sasway was convicted in San

Diego on August 26. During his trial, the

judge denied all defense motions and

sustained all prosecution motions. Sas-

way was denied bail as the judge said

that he ``posed a threat to the com-

munity'? because he would ``very likely

continue to advocate subversion of this

country's judicial process which goes to ~

the heart of our national interest.'' An

emergency appeal to the Ninth Circuit

was denied 2-1. Sasway was sentenced on

October 4 to 30 months in prison.

According to Newman, who also

heads up the local Parents and Friends

_ Against the Draft, several Bay Area

registers have now received letters from

U.S. Attorney Joseph Russoniello giving

them 30 days to register. `""We expect.

local indictments in 3 or 4 weeks,'' she

added.

The national ACLU and the Public

Education Law Institute have set up the

Selective Service Law Center to provide

attorneys and others with information

and briefings on legal issues in draft

prosecutions. The center will also

develop a national network of draft law

attorneys to defend non-registrants. If you

need such assistance, contact the Selec-

tive Service Law Center, Suite 611, 1346

Connecticut Ave. NW, Washington,

D.C. 20036 or call 202/223-5524.

aclu news

october 1982

Martinez, Wicker f or Rights Day

continued from p. 1

expand civil liberties. _

``Though there were many proposed

candidates, we felt no one deserved that

distinction more than Vilma Martinez,"'

said ACLU-NC Chair Davis Riemer.

``As president and general counsel of

MALDEFF for ten years, she directed the

major national advocacy program

seeking equality under the law for the

country's 14.5 million Latinos.'' Riemer

noted that Martinez's work had special

significance in California, where Latinos

are the largest minority in the state.

Martinez, who took on the directorship

of MALDEF in 1973 at the age of 29,

transformed the organization from an

understaffed, underfunded storefront

- operation into a zealous and sophisti-

cated advocate of the nation's fastest.

growing minority. Until May of this year

when she stepped down from her

MALDEFEF post to enter private practice,

she directed a staff of 80 in six cities

across the country.

Her litigating and organizing skills en-

abled MALDEFEF to take the leading role

in a wide-ranging legal assault on em-

ployment and educational

discrimination, immigration abuses,

violations of voting rights and other

issues central to the Hispanic com-

munity.

A graduate of Columbia University

Law School (she was told that a Chicana

Fall Fund Drive

in Full Swing

Bernice Biggs, ACLU-NC board

member, is the new chair of the Develop-

ment Committee. Biggs replaces Nancy

Pemberton who resigned the position in

August to enter Boalt Hall School of

Law.

Biggs, a professor of English, coordi-

nates an experiental learning program at

San Francisco State University. Last year

she was the president of the United Pro-

fessors of California at the S.F. campus.

Pemberton became Development

Committee Chair in 1980 and in 1981,

with the start of a new annual Major

Gifts Campaign, led the ACLU-NC

Board to a record year of fund raising

for the legal program of the ACLU

Foundation of Northern California.

Pemberton will continue to serve on the

board as Vice-Chair.

This year's Major Gifts Campaign has

reached $75,000 toward a $180,000 goal.

According to Associate Director Michael

Miller, the gifts received so far are re-

continued on p. 8

ee Oe ee ee ee ee ee ee ee es ee ee ee

could not get into law school in her

native Texas), she has argued before the

U.S. Supreme Court on many occasions

and participated in some of the most im-

portant civil rights cases in the last

twenty years. Among her victories are -

the invalidation of standardized general

intelligence tests which discriminate

against minorities, and-a suit which in-

validated the 1970 census in which the

Census Bureau was forced to admit that

they had overlooked at least 644,000 His-

panics in California alone.

Martinez also emphasizes the need for

community activism to secure rights won

by law. ``I remember winning Serna v.

Portales,' she explained, ``establishing

that people had the right to bilingual

Tom Wicker - Keynote speaker.

education in school. But the people of

Portales still didn't have it because we

couldn't keep the political pressure on

the school district.

`So I decided that we needed a com-

munity education component,'' she

added. From that decision, MALDEF's

top-notch litigation unit was enhanced

with a community education project, a

media coordinator, and a division of re-

search and policy analysis.

`""MALDEF has gone beyond just the

legal actions, and we've become not the |

law firm that I envisioned, but a multi-

disciplined entity,'' explained Martinez.

In addition to her leading role at

MALDEF, Martinez serves on the

Board of Regents of the University ot

California, on the California Federal Ju-

diciary Selection Committee, and, as a

result of her vigorous advocacy against

discrimination in the Census, she was

appointed to serve on the Census Ad-

visory Committee on Spanish Origin

Population to raise the Hispanic count in

the 1980 Census.

In 1978, when she received the Col-

umbia University Medal of Excellence,

the President of her alma mater

described Martinez as ``a major figure in

American civil rights and the foremost

Chicana lawyer in the U.S."'

Martinez, the daughter of a San An-

tonio carpenter, says, ``I like to go back

to the University of Texas and tell them

that story."'

Bill of Rights Day keynote speaker

Tom Wicker is well known to every New

York Times reader.and beyond as one of

the country's foremost thinkers on civil

liberties issues. His Jn The Nation

column in the Times' Op-Ed page has

provided thoughtful, comprehensive

analysis of such topics as race

discrimination, prison conditions, and

attitudes toward crime since 1966.

A native of North Carolina, Wicker

worked as an editor at several Southern

newspapers before joining the New York

Times as a Washington correspondent in

1960. He became chief of the Washing-

ton Bureau in 1964 and was appointed

_ Associate Editor in 1968.

He has authored seven novels and

four non-fiction books, including A

Time to Die, which was also the basis for

a movie on the prison uprising at Attica

in 1971. His articles have appeared in

numerous magazines from The New

Yorker to TV Guide.

In 1979 Wicker was given the William

O. Douglas Award for defense of civil

liberties by Public Counsel, the public

interest arm of the Los Angeles Bar As-

sociation.

`This tenth anniversary celebration of

Bill of Rights Day is especially significant

in light of the Reagan attacks on civil

liberties, and particularly the rights of

minorities. We will be hearing from two

very seasoned activists, Vilma Martinez

and Tom Wicker, who have a wealth of

experience in fighting for civil rights

during other difficult times,'' said Bill of

Rights Day Campaign chair Rubin.

"I'm sure that this year's event will

prepare us well for the decade ahead,"'

he added.

The Campaign committee is also plan-

ning music and entertainment for the

celebration.

The Bill of Rights Day Celebration

_ will be held at the Sheraton Palace Hotel

in San Francisco, December 5 from 5 - 7

PM (no-host bar from 4 - 5). Tickets for

the event are $7.00 each and are available

from the ACLU-NC office. Send in the

form below, or call Marlene DeLancie at

415/621-2488.

T

yen

Bill of Rights Day

Please send me

lam enclosing a check for $

Name

| want to be there on our Tenth Annual Celebration of

tickets at $7.00 each.

Address

y Please make checks payable to ACLU- NC Foundation and mail to Bill of

i Rights Day, 1663 Mission Street, S.F., CA 94103. Please enclose a stamped,

i self-addressed envelope.

Le woaw ew e B B B e BEBETST eeeeee e e

City Zip

Phone

Liz

Brotherton

Dick Grosboll/ACLU News

Lizzy Brotherton

Lizzy Brotherton, a volunteer on

the ACLU-NC Complaint Desk for

ten years, died on October 3 in San

Francisco.

In July, more than 30 volunteers

and staff members gathered at a

luncheon to pay tribute to Lizzy for

her extraordinary work over the last

decade. Lizzy donated a full day each

week to assist callers seeking legal ad-

vice to the ACLU. She also shared her

expertise by training new volunteers

who joined the Complaint Desk staff.

_ACLU-NC Executive Director

Dorothy Ehrlich honored Lizzy as

"an outstanding person, a source of

strength for the ACLU."' Ehrlich

said, ``Lizzy combined the three es-

sential - and rare - qualities

necessary for work at the Complaint

Desk, compassion, toughness and

experience."'

In addition to her calm expertise on

the desk at the ACLU, "renaissance

woman'' Lizzy was an artist and had

published a Chinese cookbook.

Lizzy wisely assisted thousands of

people who called and visited the

ACLU during her ten years as a vol-

unteer. Her devotion to the ACLU

and her straightforward advice and

compassion will be deeply missed.

Help Wanted

COMPLAINT DESK COUNSELORS

Every week the ACLU gets hundreds of

calls from people whose rights have been

abused. Some of these calls become law-

suits, some require other action by the

ACLU, some are referred to other

agencies - some just need a sympathetic

ear.

All of the callers are received by

ACLU Complaint Desk counselors who

volunteer one or more days per week for

the front lines in the battle for civil

liberties.

If you can devote one day a week from

10 to 4 to work on the ACLU Complaint

Desk, please call Gwen Owens at the

ACLU, 415/621-2493. You will be given

a complete orientation to the ACLU-NC

and trained by an experienced counselor.

- It won't be easy - but it will be re-

warding, and your presence will mean

alot to the growing number of people

_ whose rights are being threatened.

BAK."

BOARD MEETING: (Fourth Thurs-

day each month.) Thursday, October

28; 8:00 p.m. Contact Joe Dorst,

415/654-4163.

EARL WARREN

ELECTION RESULTS: Congratula-

tons to Barbara Littwin, re-elected

chapter chair; Michael Coppersmith,

chapter vice-president; Dennis Bel-

- court, secretary; and Pat Watters,

treasurer.

BOARD MEETING: (Third Wednes- |

day each month.) Wednesday, Octo-

ber 20; Wednesday, November 17.

7:30 p.m., Sumitomo Bank, 20th and

Franklin Streets, Oakland. Contact

Barbara Littwin, 415/452-4726.

FRESNO

BOARD ELECTION RESULTS: Con-

gratulations to new Fresno Chapter

board members Nadya Coleman, John

Konior, Bill Krieg, Carolyn Phillips,

Howard Watkins, and Scott Williams.

BOARD MEETING: Wednesday,

October 20, 7:30 p.m. Contact John

Konior, 209/439-5018.

MARIN

BOARD MEETING: (Third Monday

each month.) Monday, October 18;

Monday, November 15. 8:00 p.m.,~

Fidelity Savings, Throckmorton

Street, Mill Valley.

CIVIL LIBERTIES FORUMS: Be-

ginning in November, the chapter will

sponsor monthly public forums with

guest speakers on current civil liberties

concerns.

Wednesday, November 10, ACLU of

Northern California Staff Counsel

Amitai Schwartz will speak on police

surveillance and brutality. 8:00 p.m.,

Mill Valley Community Center. Con-

tact Dr. Milton Estes, 415/383-6622.

MID-PEN

BOARD MEETING: (Last Thursday

each month.) Thursday, October 28,

8:00 p.m. Contact Harry Anisgard,

415/856-9186.

MONTEREY

Yes on 12: Public Meeting on the Bi-

_ lateral Nuclear Weapons Freeze Ini-

tiative. Guest Speaker:. Dr. Francis

Tomosawa, of Watsonville, survivor

of Hiroshima bombing. Tuesday, Oc-

tober 26, 8:00 p.m. Monterey Public

Library, Monterey. For more infor-

mation, contact Richard Criley, 408/

624-7562.

ANNUAL CELEBRATION: Satur-

day, November 20, Santa Catalina

School. The 1982 Ralph Atkinson

Civil Liberties Award will be presented

to Dr. Russell Williams; guest speaker

_ will be Frank Wilkinson, director,

National Committee Against Repres-

sive Legislation. Contact Richard Cri-

ley, number above. ;

MT. DIABLO

ELECTION RESULTS: Congratula-

tions to new chapter chair Eve Gil-

martin; vice-chair Beverly Bortin;

treasurer Andrew Rudiak; and secre-

tary David Bortin.

FILM FESTIVAL: Saturday, Novem-

ber 13, 8:00 p.m., Auditorium of Con-

tra Costa County Water District, 1331

Concord Boulevard, Concord. The

Front with Woody Allen and Zero

Mostel. Tickets $5.00; coffee and re-

freshments will be served. Contact

Betty Kunkel, 935-3585.

NORTH PEN

BOARD MEETING: (Please note

day change: Third Monday each

month.) Monday, October 18; Mon-

Calendar

day, November 15; 8:00 p.m. Con-

tact Richard Keyes, 415/367-8800.

~SACRAMENTO

BOARD MEETING: (Third Wed-

nesday each month.) Wednesday, Oc-

tober 20; Wednesday, November 17;

7:30 p.m. New County Administra-

tion Building, 7th and I Streets, Hear-

ing Room 1, Sacramento. Contact

Cliff Anderson, 916/451-5025 (eve-

nings).

SAN FRANCISCO

BOARD MEETING: (Last Tuesday

each month.) Tuesday, October 26,

6:00 p.m. ACLU-NC office, 1663

Mission Street, San Francisco; 415/

621-2493.

SANTA CLARA

BOARD MEETING: (First Tuesday

each month.) Tuesday, November 2,

7:30 p.m., Community Bank Building,

San Jose. Contact Vic Ulmer, 408/

379-443 1 (evenings).

SANTA CRUZ

MEMBERSHIP MEETING: Sunday,

October 17; 4:00 to 7:00 p.m. Guest

Speaker: ACLU of Northern Cali-

fornia Executive Director Dorothy

Ehrlich. Contact Blanche Greenberg,

408/476-8653.

ANNUAL DINNER: Wednesday,

November 17, Louden Nelson Center.

Guest Speaker: ACLU of Northern |

California Executive Director Dorothy

Ehrlich. Contact Blanche Greenberg,

408/476-8653.

DRAFT COUNSELING CONFER-

ENCE: Saturday, November 6, Forum

Building, Cabrillo College. Guest

speakers are Jon Landau and William -

Smith. Contact Bob Taren, 408/429-

9880.

SONOMA

BOARD MEETING: (Third Thurs-

day each month.) Thursday, October

21; Thursday, November 18; 7:30

p.m. Center for Employment Train-

ing, 3755 Santa Rosa Avenue, Santa

Rosa. Contact Andrea Learned, 707/

544-0876 (evenings).

BALLOT ISSUE COFFEES: Final

Sunday in series: Sunday, October 17.

Hosted in Santa Rosa, Sebastapol,

and Petaluma; 3:30 p.m. Contact

Russell Jorgensen, 707/538-1502.

STOCKTON

BOARD MEETING: (First Tuesday

each month.) Tuesday, November 2.

Contact Bart Harloe, 209/946-2431.

ELECTION GET-TOGETHER: |

Monday, October 25. Stockton Pub-

lic Library, Central Branch. Contact

Bart Harloe, number above.

YOLO COUNTY

BOARD MEETING: Regular board

meetings include potluck dinner and

discussion of issues - next meeting

Thursday, October 21, on The Right

`to Dissent, with guest speaker; 6:30

p.m. Contact Julius Young, 916/758-

5666 (evenings).

SPEAKERS SERIES: at King Hall,

U.C. Davis Law School. Contact Julia

Duffy, 916/756-6715 (evenings).

FIELD PROGRAM

PRIORITY DISCUSSION AND

TRAINING SESSION: Saturday, No-

vember 13, 10 a.m. - noon. Discus-

sion of Field Program priority areas

for 1983. 1- 4 p.m., Training session

for mew (and experienced) chapter

and field program activists. Contact

Marcia Gallo, 415/621-2494.

Fund Drive

continued from ned

newals of Major Gifts ($1,000 and

above) given in 1981. Board member

solicitors are seeking another $45,000 in

renewal gifts and $60,000 in new Major

Gifts `from ACLU members and sup-

porters in 1982.

All 45 ACLU-NC board members are

involved in fall fundraising activities

through the Major Gifts and the 198

Bill of Rights Campaigns.

This year's Bill of Rights fundraising,

with a goal of $70,000, is headed up by

Jake Rubin, long time Sonoma Chapter

board member and representative to the

ACLU-NC Board.

With help from the Bill of Rights

Campaign Committee, Rubin is recruit-

ing solicitation teams and other volun-

teers from all 16 ACLU-NC chapters.

( ) Individual$20 ( )

Name

You may have taken a vacation this summer...

But the Bill of Rights didn't. ,

Join the ACLU

Joint $30

and an additional contribution of $----

(_) This is a gift membership from

Address

City

Zip

Return to ACLU-NC, 1663 Mission St., S.F. 94103

i

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Prison News

continued from p. 1

a Ways and Means committee that deals

with Corrections.

As a result of the turnaround, the Sep-

tember 3 court appearance reverted to a

substantive hearing on the original cen-

sorship of the Scar. 5

Judge William Jensen agreed with

ACLU arguments that the two articles

censored by CMF officials should be

printed and also that the prison officers

had been holding the articles for review

for an unnecessarily long period of time.

Though he did not find them in con-

tempt, the judge sternly reminded the pri-

son Officials that the terms of the pre-

liminary injunction still stand and that

they should cease their harassment of the

Vacavalley Star.

"The Vacavalley Star, which had been

shut down by the statewide directive on

August 16, went back to press after the

Department reversed its position,''

Goodman said.

`But we will continue to keep a close

watch to preclude any further harass-

ment or censorship of the paper either on

a state level or by CMF officials,'' he |

warned..