vol. 47, no. 2

Volume XLVII

Another chapter in the sobering saga .

of school book censorship was closed

last month when The Chisholms, a

popular historical novel banned from

the Granada High School library in

Livermore, was put back on the shelf.

The victory in Livermore, due in|

large part to the efforts of the ACLU's

Earl Warren Chapter and ACLU-NC

staff attorney Margaret Crosby, comes

at a time when the censorship of school

reading material is on the upswing,

both nationally and in woul

California.

A recent report by the Association of

American Publishers, the American

Library Association and the Associ-

ation for Supervision and Curriculum

Development claims that ``efforts to

censor the materials school children

may read appear to be on the increase,

~ according to a survey of 1,891 public

elementary and secondary school ad-

ministrators and librarians.'' The.

survey indicates tai in 95% of the

cases cited, challengers sought to /imit

rather than expand the information

and points of view in the materials for

student use and that in more than half -

of the specific cases cited, materials

_ challenged were altered, revised or

removed prior to formal review.

From Maine to Montana, works by

_ Langston Hughes, Sylvia Plath, Kurt

Vonnegut, Joseph Heller and other

noted authors have been banned from

school libraries and English classes.

Numerous ACLU affiliates have been

active in opposing local cases of cen-

sorship.

March 1982

The Chisholms was removed from the school library at Granada High School in

Livermore. Book censorship is on the rise at high schools throughout the country.

In northern California, the trend is

no less ominous. In addition to The

Chisholms, there has been an ACLU

appeal on the ban on five books by

Richard Brautigan in the Shasta. Ccoun-

ty high school classrooms, a controver-

sy over whether Recreational Drugs

should be barred from public libraries

in Alameda County, and the ongoing

ACLU court challenge to the ban on

Ms. magazine in the Mt. Diablo

Unified School District.

Prurient Pioneers?

The Chisholms, a novel by Evan

Hunter about a Virginia family

migrating west in the 1840's, was first

removed from the Granada High

School Library last October after a

complaint from Bob Ferro, the Direc-

Charge of `Sexism' Lands

Woman Juror in Jail

Carolyn Bobb went to -Monterey

Municipal Court on January 26

prepared to serve on a jury. Instead,

Bobb served time for criminal con-

tempt of court-for refusing to answer

a judge's question which was sex

discriminatory and unconstitutional.

On February 25, the. ACLU

challenged Bobb's contempt charges in

Monterey County Superior Court,

claiming that the municipal court judge

acted illegally and unconstitutionally in

punishing Bobb for refusing to answer

a question which discriminated on the

basis of sex in violation of the state and

federal constitutions.

According to ACLU-NC cooperating

attorney Katherine E. Stoner, during

the voir dire (questioning of prospec-

tive jurors) Monterey Municipal Court

Judge Raymond Simmons asked each

female juror to state her occupation

and that of her spouse, while asking

each male juror to state his occupation

only. When the judge asked Bobb to

give the occupation of her husband,

she respectfully refused to do so unless

the question was also asked of each

male juror. :

Bobb said, ``From time to time, all

women-whether they are involved in

the women's movement or not-are

going to be confronted with sexism. |

What I did that morning, was decide (c)

that regardless of the cost, I could not

participate in something that

denigrated me as a woman."'

Jail Sentence

When Bobb refused to answer, the

judge found her in contempt of court

and ordered her taken into custody. At

the holding facility, Bobb was pat

searched and her belongings were in-

ventoried. She was released on her own

recognizance on the condition that she

return to court later that day for

sentencing.

When she returned to court for

sentencing, Bobb asked for a conti-

continued on p.3 :

tor of Campus Life, an arm of the East

Bay Youth for Christ. Ferro claimed

that certain passages in the book-and

he cited page numbers-made ``open

refrence to immorality and immoral

sexual conduct.'

When the ban was pieced to by

`Stan Junas and Barbara Littwin of the

Earl Warren Chapter and other Liver-

more residents, School Superintendent

Leo Croce appointed a committee to

evaluate the book in accordance with

local regulations. -

The committee, which was com-

posed of parents and teachers, rejected

the ban and recommended that the

book be put back in the library. Their

report stated, ``The committee could

not remain blind to the possible' im-

plications of any final disposition of

the book, particularly if Mr. Ferro's

argument was supported and the book

removed. Censorship is not an activity

which the public school district should

invite.''

Barbara Littwin of the Earl Warren

Chapter said, ``This shows how impor-

tant it is for the ACLU and its

members to be alert to this kind of ac-

tivity, so that we, as a group, can pro-

tect against infringements on First

Amendment rights.''

Ms. in Mt. Diablo

Unfortunately, the Mt. Diablo

Unified School District was not so

respectful of the First Amendment

when they made their decision about

restricting Ms. magazine in the local

high schools.

The decision of that school board to

allow only students who have written

permission from their parents and

teachers to read the school library's -

copy of Ms. magazine is currently the

subject of an ACLU court challenge.

The ACLU case, McKamey v. Mt.

Diablo Unified School District, was

filed in September 1980 and has still

not come to trial.

**The money spent by the Mt. Diablo

SAUNT] AayjvA ays fo sazanoo 0104

Book Banning Hits Local School

as the students, teachers,

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School District to keep Ms.

censored has already been enormous

well over $15,000-and we are

nowhere near a final judicial resolu-

tion,'' explained staff attorney Crosby.

``Comparing this case with the situa-

tion in Livermore clearly indicates how

much better it is for the school as well

and com-

munity when the school board acts in a

manner that Js accountable to the

Constitution.'

Brautigan Appeal

Shasta County's Anderson Union

High School District first barred the

use of five works by Pulitzer Prize win-

ning poet-novelist Richard Brautigan

from library and classroom use in

1978. According

cooperating attorney Ann Brick,

``Censorship is not new to Anderson

Union High School. Since 1963, works

such as Othello, The Catcher in the

LU

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to ACLU-NC.

Rye, and One Flew Over the Cuckoo's -

`Nest have been the subject of censor-

ship.

`*The ACLU lawsuit challenging the .

Brautigan ban,'' Brick explained,

``does not represent an isolated inci-

dent; rather, it is part of a continuing

effort by school officials to control the

way students think and speak by |

eliminating reading matter which these

school officials deem to be personally

distasteful or `socially unacceptable'."'

In November, 1980, as a result of the

ACLU challenge, the Shasta County

Superior Court ordered the books

returned to the school library shelves.

However, Judge William Phelps

upheld the school district's banning of

`the books from classroom use. In addi-

tion, he observed that he would sustain

a requirement that students obtain

continued on p. 4

Shopping Center

Project.

With the help of a special grant from

the CS Fund, the ACLU-NC has set up

a project to address one of the most

pressing First Amendment problems

facing political groups this year-bans

and regulations which limit political

activity at shopping centers.

The four month project is being staf-

fed by Sacramento attorney Martin

Fassler. Fassler, a 1972 graduate of

Boalt Law School and a former

counsel to the state Agricultural Labor |

Relations Board, previously worked as

a cooperating attorney with the

ACLU-NC. Along with staff attorney

Alan Schlosser, Fassler argued two

ACLU-NC challenges to shopping

center bans in Sacramento on behalf of

petition circulators from Californians

continued on p. 3

aclu news

march 1982

2

by Dorothy Ehrlich

ACLU-NC Executive Director

Confronted by the repressive

climate of the 1980's, ACLU's

has responded with extraordinary

generosity to assure that our

organization is equipped to face the

- growing threat to civil liberties. En-

couragingly, an unprecedented

number of new members have also

decided to become a part of this

essential effort.

We enter 1982 with far greater

confidence because we now have a

20,000 members-enabling us to

respond forcefully to civil liberties

issues. Uncertainties about whether

we could maintain our effective

staff, or whether we would have to

face cuts in our program, no longer

threaten us.

At its February meeting, the

Board of Directors unanimously

passed a $600,000 budget to main-

tain our current program. This

budget reflects a $70,000 increase

over last year, due largely t to infla-

tion.

figure which includes the budgets of

both the ACLU-NC, our member-

ship organization, and the ACLU

Foundation of Northern California,

our legal arm.)

The passage of the 1982 budget

means that the ACLU-NC will con-

tinue to maintain a full-time staff of

14. Currently, our program is car-

Our Strong Base of Support

membership in northern California -

far stronger base of support-over

(The $600,000 is a combined

of ACLU-NC members, and count

- tive force to defend civil liberties in

_ repressive climate alone.

ried out by a five-member legal

staff; a two-member legislative staff

in Sacramento; a field represen-

tative; a public information direc-

tor; an associate director; a develop-

ment assistant; a bookkeeper/office

manager; an executive director and

an administrative assistant.

This clean bill of organizational

health is a result of the tremendous

effort on. the part of the Board of

Directors over the last year. The

Board established a major gifts

campaign which, along with the

1981 Bill of Rights Day, raised over

$230,000. In addition, nearly 7,000

new members-an all time

record-joined the ACLU-NC dur-

ing 1981. Both of these major suc-

cesses provide us with a much more

stable funding base for the future.

Furthermore, bequests made to

the ACLU Foundation of Northern

California have now been set aside

in a special endowment fund which

is providing a reliable form of an-

nual support to the organization.

The remainder of the budget.

results from special foundation

grants and attorney's fees awards.

Those of us on the staff and

members of our Board are extreme-

ly grateful for the generous support

on each of you to sustain an effec-

the 80is.

- Given these difficult times, it is a

source of great inspiration to know

that we do not confront this

DRAFT Update

Despite his own campaign promises

and intense lobbying from the ACLU

and many other organizations, Ronald

Reagan announced in January that his

administration would continue with

mandatory registration for the draft.

The one million young men who have

failed to register were given a ``grace

period"' until February 28 to comply.

California has the highest number of

non-registrants in the country and

Sacramento and the S.F: Bay Area

have the highest number in the state.

Non-compliance carries the maximum

penalty of five years in prison and a ten

thousand dollar fine.

According to David Landau, staff

counsel with the ACLU Washington

`Office, and an editor of Draft Action,

indictments would probably not be

handed down for at least a month after

February 28, as the Selective Service

System needs time to tabulate and

verify its figures. Landau believes that

TitTYet titty

prosecutions would be selective and

handled by the Justice Department

through local prosecutors. ``We can

expect a minimum of a dozen trials to

be announced throughout the

country,'' Landau said. ``The only

possibility of an alternative scenario is -

if the publicity surrounding these trials

would be perceived by the Administra-

tion as seriously damaging to its stake

in the 1982 elections.''

New Regulations

On February 1, the Selective Service

System entered 27 pages of rules and

regulations into the Federal Register.

These rules, which are now the law,

cover every aspect of a draft and area

blueprint for a sudden, massive mobili-

zation of manpower. According to

ACLU-NC. Board member Judy

Newman who is an active campaigner |

against the draft, `"These regulations-

which cover in detail the setting up and

training of draft boards, the lottery

system, classifications, inductions,

deferments and more-have built-in

suppression of individual rights and

denial of due process.'

The recently enacted 1982 Defense

Authorization Bill includes a rider that

permits the Selective Service System ac-

cess to Social Security numbers. ``It

seems,'' explained Newman, ``that the

language of this rider will mean that

the ACLU case challenging the require-

ment that draft registrants must pro-

vide their Social Security numbers

(Wollman vy. Rostker) will become

moot. However, at the moment this

case remains in the Court of Appeals

and any young man could leave off his

Social Security number and indicate

that he is a member of the plaintiff-

class in the suit.

"Another section of the rider per-

mits the President to instruct the

Secretary of Health and Human Ser-

vices to furnish the Selective Service

with information from their records,''

Newman added. ``In addition, the

rider

`Defense access to the names and ad-

dresses of every registrant-for

military recruitment purposes.

"The ACLU is encouraging all

young men to seek counselling and in-

formation about their rights and op-

tions before registering,'' Newman

said.

permits the Department of -

Leas hist area PEP Tah

Owens Joins Legal Dept.

When Ronald Reagan makes moves

to axe the Legal Services Corporation,

-he no doubt is trying to hamper the

work of people like Gwendolyn

Owens. For Owens, who worked for

the Legal Aid Society of Alameda

County for seven years, is not only a

topnotch secretary but an organizer

who fights unstintingly for her clients'

rights. Well, we have bad news for Mr.

Reagan. When budget cuts threatened:

50% lay-offs at Legal Aid, Owens left

her former employment-but she is

- Carrying on her work and her advocacy

as the newly appointed Legal Assistant

at the ACLU-NC. -

"`Working at Legal Aid is a real eye

Ge eniolen Owens

Opener to the problems of. our

society,'' Owens told the ACLU News.

`*There are so many people who are be-

ing abused by landlords, employers,

_and what have you simply because they

are unable to read or write or because

they are old-and do not know their

rights under the law.

""If there are cuts in Legal Aid, the

situation in the courts will be chaotic.

Fortunately,'', she added, ``it now

seems that Alameda Legal Aid Society

will have enough funds to cay on at

least until November."'

A graduate of Berkeley High School

and Laney College (where she studied

nursing), Owens started work at

Alameda County Legal Aid in 1975.

Within three months she was promoted

to office manager of the east Qakland

office.

In addition to her duties as. legal

secretary and office manager, Owens

was one of the originators of a major

effort to help battered women. ``As an

intake worker, I was counseling all

women who came into the office with

domestic violence problems,'' she ex-

plained, ``It was so obvious that the

police were not treating the assaults

- seriously, and what good is a restrain-

ing order going to do when someone is

standing over you with a clenched fist

or a gun?"'

0104q piv uojup

_ Together with other former Legal

Aid staffers Eva Jefferson Patterson,

Vice-Chair of the ACLU-NC, and

Pauline Gee, Owens worked on a suc-

cessful suit filed against the Oakland

Police Department to make sure that

the police would handle domestic

violence calls like any other criminal

assault. Following the court victory,

she worked on a monitoring team to in-

sure that the police were following the

rules set down by the court, including.

providing ``rescue cards'' to battered

women so-that they knew their rights

and where to turn.

As a result of her work in this area,

Owens participated in a film about

domestic violence Behind Closed

Doors and continues to speak onthe

issue at legal seminars and other

gatherings. ``I want to keep on with

this work,"' she said, ``because it really

helps to break down the isolation, to

let women know that they are not alone

in this terrifying situation.''

Owens joined the ACLU-NC staff in

January as a Legal Assistant. She

serves as assistant to two staff at-

torneys and to the ACLU's Shopping

Center Project. She will also coor-

dinate the Complaint Desk volunteer

counselors. :

Owens replaces Donna Van Diepen,

who worked as a Legal Assistant for

the ACLU-NC for twelve years. Van

Diepen, who was honored by the

Board for her more than a decade of

service to the organization, is now

working as a legal secretary in a private

law firm in Albuquerque, New Mexico.

' After Van Diepen left in the summer

of 1981, the post was temporarily filled

by Christine Thomas while the search

for a permanent replacement was tak-

ing place. In February Thomas gave

birth to a baby girl.

_ Crosby was the lead counsel in |

|.CDDR y. Cory, the landmark case

Crosby Awarded

ACLU-NC staff attorney

Margaret -Crosby was _ presented

with the first annual Margaret

Sanger Award by Planned Parent-

hood of Contra Costa County.

Crosby was cited for ``her tireless

efforts on behalf of Medi-Cal fun-

ding for abortions for poor women,

specifically her involvement in the

three year court battle to overrule

the California legislature's defun-

ding of abortion.''

As legal counsel for the ACLU's

Reproductive Freedom Project,

which affirmed that every woman in

California, despite her economic

status, has the constitutional right

to choose an abortion.

Elaine Elinson, Editor

aclu news -

8 issues a year, monthly except bi-monthly in Lp 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, Chapter Page _ g :

ACLU NEWS (USPS 018-040)

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

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

and S0 cents is for the national ACLU-bi-monthly Eee Civil Liberties.

A 3

aclu news

march 1982

Cops Alter pinyin School Rules

School students in Livermore will no

longer be stopped, searched and hand-

cuffed by police who suspect them of

playing hooky, as a result of an ACLU

challenge to the legality of some of the

provisions of the city's ``Stay-in-

School'' program.

ACLU-NC staff attorney Amitai

Schwartz began investigating the Liver-

more Police Department's anti-truancy

program last November after several

complaints came from students and

parents about the police officers' treat-

ment of the suspected truants. The

ostensible purpose of the Livermore

program, like many others throughout

California is to involve police officers

in the investigation of truancy in order

to reduce daytime crime and increase

average attendance at school. The lat-

ter figure affects the amount of state

aid to the district.

_ Under the Livermore program,

police, during random ``sweeps'', were

picking up students who could not

show school passes or identification to

prove that they had a legitimate reason

- to be off campus during school hours.

Suspected truants were taken to a

school district ``reception center'';

some were searched and handcuffed.

. Schwartz explained that under the

Fourth Amendment it is illegal for the

police to arbitrarily stop and inter-

rogate students on the streets. ``It's like

stopping everybody with a shopping

bag for suspected shoplifting,'' he

said.

*`There are all sorts of legitimate

reasons a youth may be out of school,"'

Schwartz explained, ``he or she may

have graduated early, might be atten- |

ding part-time classes at the local col-

lege, or might be at a private school

_which does not provide passes."'

"`A major problem with the Liver-

more program is that it was so broad

that it permitted stopping a Jot of kids |

Juror Jailed jom .;

nuance to enable herself to -obtain

counsel and prepare a defense. This

motion was denied. She was sentenced

to one day in County Jail and given

credit for time served.

Judge Simmons later told the press

that the reason he had asked only

women the occupation of their spouses

was that he was trying to discover pre-

judicial relationships to law enforce-

ment. He said that he believed that

women are more likely to be married to

law enforcement personnel than men,

and stated that asking questions of

each man would be unnecessarily time

consuming.

According to attorney Stoner, ``It

has long been recognized that men and

women are to be treated equally in car-

rying out their duties as citizens. The

clear implication of Judge Simmons'

practice of questioning only female -

jurors concerning their spouse's oc-

cupations is that women are more like-

ly to be influenced by their Spouses

than men are.

"`This implication severely erodes a

woman juror's legally recognized

status as an equal citizen,'' Stoner said.

The ACLU is arguing that the con-

tempt charge must be annulled as

federal and state decisions clearly hold |

that a contempt conviction cannot be

sustained where based on disobedience

_of an unconstitutional court order.

SA antes

1

i

on the streets in order to find a few

truants,'' Schwartz said. ``When

- students are searched, handcuffed and

taken to the reception center, there is

little or no difference between the way

_the police treat the kids and the way

they treat common criminals."'

In February, after several months of

negotiations with the ACLU, the

Livermore Police Department agreed

to change the Stay-in-School Program

regulations to conform to constitu-

tional requirements.

The new regulations govern the cir-

cumstances in which students might be

stopped: ``The fact that a youth ap-

pears to be under 18 and school is in

session is, by itself, an insufficient

basis for stopping youth.''

In addition, the regulations state

that ``as a general rule, truants should

not be searched or handcuffed,'' and

that `"`handcuffs should not be used

unless there is actual or likely potential

for violence...''

"We were pleased that the Police

Department was willing to sit down

and work out a solution to some tough

problems,'' Schwartz added. ``Hope-

fully, the agreement reached in Liver- -

more will set an example for other

cities in California."'

Stoner cited the case of Hamilton y.

Alabama (1964) where the Supreme

Court reversed the contempt citation

of a black woman who refused to

answer questions on cross-examination

as long as the examining attorney refer-

red to her as ~ Mary" instead of ``Miss

Hamilton."'

In another U.S. Supreme Court deci-

sion, the contempt charge of a black (c)

man attending traffic court who refus-

ed to comply with the segregated ~

seating arrangement was also reversed. .

Stoner explained, ``Judge Simmons |

could have easily carried out his pur-

pose of discovering potential bias

without resorting to gender-based

classifications. The appropriateness of _

_ the judge's voir dire methods are even

further diminished when balanced

against the harm done by creating

gender-based distinction between male

and female jurors.

"Under the law, women are not se-

cond class citizens, and they should not,

be second class jurors,'' Stoner added.

The ACLU is asking that the con-

tempt judgment against Bobb based on

her disobedience of the unconstitu-

tional order be annulled. The hearing

has been set for March 19 in the

Monterey County Superior Court in

Salinas.

Shopping Center Project

Launched

Against Waste (see ACLU News, Jan-

Feb 1982). As a result of the ACLU

challenge, Sunrise Mall in Sacramento

withdrew their ``holiday ban'' on

political campaigners. The second

Sacramento shopping center, Birdcage

Walk, was ordered by Sacramento

Superior Court Judge Horace Cec-

cetini to eliminate most of their restric-

tions on the petitioners.

Ever since the 1979 California

Supreme Court decision in Robins v.

_ Pruneyard, which ruled that political

campaigners may not'be barred from

shopping centers for free speech ac-

tivities but that shopping centers may

impose certain ``time, place and man-

ner regulations,'' many shopping malls

have prevented and discouraged

political groups with burdensome

regulations.

According to Fassler, ``Numerous

groups gathering petition signatures

for ballot initiatives and otherwise

organizing support for political work

have been prevented from talking to

shoppers by the shopping center

restrictions.

``Particularly for groups circulating

ballot petitions, who must gather half a

million signatures in just a few months,

frequent and convenient access to

shopping centers all over the `State is

very important.

"In the last two months, we have

been asked for help from five different

groups circulating initiative petitions.

We have also been asked by other

groups, including NOW in their cam-

paign for the ERA and the Coalition

Against U.S. Intervention in El

Salvador, who are attempting to

spread their message by com-

municating with shoppers at the busy

malls,'' Fassler explained.

Although the ACLU has successfully

challenged some burdensome regula-

tions at many shopping centers, other

malls continue to impose the same

restrictions. ``This is why,'' Fassler

said, "`it appears now that we have to

challenge each mall's rules. That's a

very tedious and drawn-out prospect.

We hope that if we succeed in a few

cases, Other malls will be reasonable.''

In addition to filing lawsuits, the

Project will provide advice and legal

assistance to political campaigners who

face similar problems at shopping

centers. ``We hope that we will be able

to achieve through negotiations or

litigation, satisfactory conditions for

_ petitioners in the northern California

Bill of Rights - the Victim

At its February meeting, the ACLU-

NC Board of Directors unanimously

supported a resolution pledging op-

position to the ``Victims Bill of

Rights,'' the initiative sponsored by

Paul Gann for the June ballot. |

According to ACLU-NC Legislative

Advocate Beth Meador, ``The Gann

initiative is a legal nightmare: it is a

frightening hodge podge of ancient and

shopworn law and order strategies-

strategies which the ACLU has rejected

time and time again when they have

been proposed as individual changes in

_the law.'

Meador noted that the ballot in-

itiative, which proposes amendments

to the state Constitution, the Penal

Code and the Welfare and Institutions

from p. 1

counties where there have been pro-

blems,'' Fassler added.

Persons seeking advice should " con-

tact: Martin Fassler, Shopping Center

Project, ACLU-NC, 1663 Mission

Street, S.F. 94103 or call (415)

621- 2488.

| gathering signatures for the Nuclear

| permit each time they want to be at

`The Shopping Center Project has

been very busy in the past few

weeks. Here are a few highlights, by

county, of the Project's work:

CONTRA COSTA

On February 17, the Project obtain-

ed an injunction which allows the

Contra Costa Coalition Against

U.S. Intervention in El Salvador to

hand out literature and solicit dona-

tions at El Cerrito Plaza. Judge

Robert Cooney of the Contra Costa

Superior Court also ruled that the

Plaza's ``holiday ban'' on political

campaigners was illegal...on

February 18, ACLU-NC _ cooper-

ating attorney Guyla Ponomareff

won a Temporary Restraining Order

(TRO) allowing the El Salvador

Coalition and NOW to set up tables

and solicit contributions at Sun

Valley Shopping Center in Concord.

A hearing for an injunction has

been set for March 19.

SONOMA COUNTY

ACLU-NC cooperating attorney

and Sonoma County Chapter

member Mary Lou Hillberg obtain-

ed a TRO allowing campaigners

Weapons Freeze ballot initiative to

approach shoppers at the newly-

opened Santa Rosa Plaza. A hearing

for a permanent injunction will be

held in early March.

ALAMEDA

The Project filed suit on March 2 on

behalf of petition gatherers for the

Nuclear Freeze initiative and the

California Water Protection Coun-

cil seeking to overturn burdensome

restrictions on their activity at the

Southland Shopping Center -in

Hayward. The Project will also

challenge the shopping center's re-

quirement that groups must seek a |

the mall...Under threat of litiga-

tion, the Bay Fair Mall in San Lean-

dro agreed that political cam-

paigners need not post a $1 million

insurance policy in order to gain

permission to distribute their

literature at the shopping center.

Code, would undermine the basic

guarantees of due process, fair trial,

right to bail, freedom from unwar-

ranted search and seizure and the

presumption of innocence, among

other things.

The ACLU-NC will be working with

other groups to organize opposition to

the initiative. In addition, the ACLU

plans to produce a brochure about the

ballot measure and to provide exten-

sive background materials for the press

and editorial boards. A comprehensive

analysis. of the ``Victims Bill of

Rights'' will be published in the April

issue of the ACLU News to provide

members with the information they

need to organize opposition in their

local areas.

SE RS Pe aa aN ae eA BELEN RE ES PP NN NE GEIS IE LAE EEE

aclu news

march 1982

Voices Raised on Choice, Dissent

4

constitutional system by teaching

students (and the rest of the communi-

ty) that a majority can control the

"(Make Your Voices-and Choices-

Heard'' was the slogan adopted by

ACLU members for the annual con-

ference last October, and it's proven to

be a guiding principle for the ever-

growing number of activists in the Pro-

Choice Task Force and Right to Dis-

sent Subcommittee,

Both organizing groups have dou-

bled in size since their first meetings

last summer.

Speakers Bureau

`I felt like it was important to put

my free time where my beliefs are,"'

said Mary Hackenbracht, Pro-Choice

Task Force member and a coordinator

of the new Pro-Choice Speakers

Bureau. The Bureau was developed at

the February 3 Task Force meeting.

``We're training members to work with

ACLU chapters in northern California

to inform community groups, schools,

and clubs about the dangers to all

rights presented by the current attacks

on reproductive rights,'' Hackenbracht

noted. Task Force members Dick

Grosboll and Karen Winner are also

guiding the work of the Speakers

Bureau, and are aiming toward the

March 20 anniversary of the California

Supreme Court's decision upholding

Medi-Cal funding for abortion as the

launch date for coordinated pro-choice

speaking engagements.

- In addition to speaking to other

organizations, Task Force members

are now ready to get in touch with one

another at a moment's notice, thanks

to the Pro-Choice Communication

Network designed by Margot Garey

and Liz Zeck. The Network has in-

itiated a ``telephone tree'' system and

mailings on upcoming legislation to

watch. ``Each person is asked to con-

tact three to five others, who are also

asked to make a few calls,'' explained

Zeck. Garey added, ``This way, we can

quickly notify people about telegrams

or phone calls needed on a particular

B-A-K

BOARD MEETING:

March 25; 8:00 p.m.

Contact Joe Dorst, 415/654-4163.

EARL WARREN

BOARD MEETING:

Contact Barbara

415/452-4726.

EAST BAY

SPECIAL PRO-CHOICE PRESEN-

TATION: Sunday,

3:00-6:00 p.m.

March 28,

(Fourth

Thursday each month.) Thursday,

in Berkeley.

(Third

Wednesday each month.) Wednes-

day, March 17;7:30 p.m. Sumitomo

Bank, 20th and Franklin, Oakland.

Littwin,

"4 Woman's ~

Choice''-a_ dance/theater work

about reproductive rights by Keriac

Company. Presented by the East

- Bay .Chapters of ACLU-NC:

Berkeley-Albany-Kensington and

Earl Warren Chapters. Special

speakers (Tom Bates, Ron Dellums,

and other invited guests) will present

updates on legislation; wine and

cheese. will be served. South

Berkeley Senior Citizens Center,

2939 Ellis/at Ashby, Berkeley. For

more information, call

415/658-7977 or 415/848-5195.

bill or amendment-in Washington or

Sacramento-without demanding too

much of any one person."'

Freedom of Information

Voices are being raised on the

Dissenting side as well, due to a novel

idea being pursued by ACLU's Right

to Dissent Subcommittee members. An

article in the February Progressive

about a proposed March 16 ``Freedom

of Information Day"' spurred Subcom-

mittee members to mount a massive

media blitz in six areas in Northern

California, focusing on the Freedom of

Information Act and current attempts

to dismantle it.

``We've gotten good responses from

the press, radio, and TV people,"' said

Jake Rubin, chair of the Subcommit-

tee. ``We offered them a choice of

speakers-including experts like Dick

Criley, ex-Congressman John Moss,

and Field Committee chair Peter

Hagberg-to discuss the restrictions on

access to information now being con-

sidered in Congress.'' Rubin will be in-

terviewed by Bay Area stations, and

Subcommittee members Paul Jor-

jorian, Jacques Levy, Michael Manlin,

and Marion Saunders are arranging in-

terviews and Free Speech Messages.

Combined Meeting

A special combined meeting of both

groups was convened on March 3 to

discuss specific public speaking techni-

ques and to plan for further activist

training. Kudos to Nancy McDermid

for sharing her speaking skills.

`"`The success of both of these sub-

committees shows how vital they are to

our ongoing civil liberties work,"' said

_ Field Committee chair Peter Hagberg

at the special March 3 session. ``We're

more active, and more visible, than

we've ever been before-and the trend

can only continue.''

GAY RIGHTS

BOARD MEETING: (Usually the

second Tuesday.each month.) Call

_ Steve Block, 415/772-6114 for con-

firmation; meetings held at ACLU-

NC, 1663 Mission Street, San Fran-

CISCO. M AR | N

BOARD MEETING: (Third Mon-

day each month.) Monday, March.

15; 8:00 p.m. Fidelity Savings,

Throckmorton Street, Mill Valley.

Contact Bill Luft, 415/453-6546.

MID-PEN

BOARD MEETING: (Fourth

Thursday each month.) Thursday,

March 25; 8:00 p.m. All Saints

Episcopal Church, 555 Waverley

Street, Palo Alto. Contact Harry

Anisgard, 415/856-9186.

MONTEREY

BOARD MEETING: (Fourth Tues-

day each month.) Tuesday, March

23; 7:30 p.m. Monterey Public

Library. Contact Richard Criley,

408/624-7562.

MT. DIABLO

BOARD MEETING: (Third Thurs-

Chapter Calendar.

Contact

The Pro-Choice Task Force and

Right to Dissent Subcommittee con-

tinue to meet regularly, usually on the |

first Wednesday of each month, at 6:00

and 7:30 p.m. All are welcome to at-

tend. Contact Marcia Gallo at the

ACLU-NC office, 415/621-2494, for

more information.

Book Banning

from p.1 .

parental consent before reading the

_Brautigan books.

In an appeal filed on February 9, the

ACLU is arguing that the superior

court erred in holding that the books

_ may be banned from classroom use

and that minors must obtain parental

consent before reading the Brautigan

books.

``The First Amendment forbids cen-

sorship of classroom and _ library

materials,' Brick said, ``it is absolutely

clear that students and teachers do not

forfeit the protection of the Constitu-

tion, including the First Amendment,

upon entering the domain of the public

secondary school.

`*`Moreover,'' Brick added,

`"`Because censorship undermines the

process by which children are expected

to grow into openminded, intellectual-

ly curious, independent, socially aware

_ and involved adults, it is more than ter-

rifying. It tears at the fabric of our

day each month.) Thursday, March

18; contact 415/939-ACLU.

NORTH PEN

BOARD MEETING: (Third Mon-

day each month.) Monday, March

15; 8:00 p.m. Allstate Savings and

Loan, South Grand and Concar

`Drive, San Mateo. Contact Richard .

Keyes: 415/367-8800. .

SACRAMENTO.

BOARD MEETING: (Third

Wednesday each month.) Wednes-

day, March 17; 7:30 p.m. New

County Administration Building,

7th and I Streets, Hearing Room 1.

Cliff Anderson,

916/451-5025.

SAN FRANCISCO

BOARD MEETING: (Last Tuesday

each month.) Tuesday, March 30;

6:30 p.m. Contact Richard Weins-

tein, 415/771-8932; meetings held at

ACLU-NC, 1663 Mission Street.

SANTA CLARA

BOARD MEETING: (First Tuesday

each month.) Tuesday, April 6; 7:30.

language, reading and even the mores

of the minority.

`*Book censorship seriously der:

mines the foundation of a democracy

which is premised on the concept that a

_. free public education will equip its

citizens to think critically and thus

govern themselves,'' Brick said.

Alameda Public Libraries

The controversy around Recrea-

tional Drugs, a paperback en-

cyclopedia of licit and illicit drugs,

began in December when Alameda |

County Supervisor Don Excell ques-

tioned its appropriateness for the

County's public libraries.

The book was written by teachers,

reporters and attorneys and includes

warnings against the use of dangerous

- drugs. The authors say that the book

neither condones nor condemns drug

use, but acknowledges that "`drug ex-

perimentation and use is booming."'

ACLU Executive Director Dorothy

Ehrlich said that any attempt to

remove the book would be ``considered

a threat to First Amendment rights."

County librarian Ginny Cooper has

decided that Recreational Drugs will

remain in the reference sections of 11

branches of the Alameda County

library system for at least six months.

After that time, Cooper said, the

future of the book will be recon-

`sidered. ;

"The specter of book banning in a

public library is even more chilling

than book purging in the school

system,'' observed staff attorney

Crosby. ``Whatever rationales may be

advanced for school censorship-that

students are a young, impressionable

audience, or that the function of

education is to inculcate values-do

not apply to a public library, whose

function is to make a wide variety of

ideas available.

"This is censorship in its most

pristine form,'' Crosby added.

p.m. Community Bank Building,

San Jose. Contact Vic Ulmer,

408/379-4431.

SANTA CRUZ

BOARD MEETING: (Second

Wednesday each month.) Wednes-

day, April 14; 8:00 p.m. Louden

Nelson Center. Contact Bob Tarin,

408/429-9880.

SONOMA

BOARD MEETING: (Third Thurs-

_ day each month.) Thursday, March

18; 7:30 p.m. Center for Employ-

ment Training, 3753 Santa Rosa

Avenue, Santa Rosa. Contact An-

_ drea Learned, 707/544-0876.

STOCKTON

BOARD MEETING: (Usually first

Tuesday each month.) Contact

Larry Pippin, 209/477-7698.

LEGAL COMMITTEE: (Usually

third Tuesday each month.) Contact

Barbara Redalia, 209/478-3873.

YOLO

BOARD MEETING: (Third Thurs-

day each month.) Thursday, March

18; 7:30 p.m. Contact Julius Young,

916/758-5666.