Open forum, vol. 23, no. 22 (July, 1946)

THE OPEN FORUM

Official Organ of THE AMERICAN CIVIL LIBERTIES UNION, Southern California Branch

"When good people in any country cease their vigilance and struggle,

then evil men prevail.''"-Pearl Buck

VOL. XXIII

Fish Commission

Appeals Willis Decision

Attorney General Kenney Urges

That Supreme Court Take Im-

mediate Jurisdiction.

Last week was inter-racial week in

Attorney General Kenney's office. Recog-

nizing the injustice of the usual delay by

an appeal to the Circuit Court of Ap-

peals, the Attorney General agreed to

jom Attorney A. L. Wirin in the Toroa

Takahashi fishing case in asking the Su-

preme Court to take immediate juris-

diction.

Some weeks ago Judge Willis of the

Los Angeles Superior Court held the rule

under which the State Fish and Game

Commission denied a license to Taka-

hashi to land and sell fish caught on the

high sea to be unconstitutional. The

Commission appealed, and Judge Willis

issued an order making the issuance of a

license manditory pending the outcome

of the appeal. The` Commission in turn

asked the higher court for an order nulli-

fying Judge Willis' order. Meanwhile,

and possibly through long months and

even years of litigation, alien fishermen,

who know no other means of livelihood,

would not only be unable to help to re-

duce our food shortage but would be

compelled to become dependents on

their relatives or on the California wel-

fare agencies.

Groups For RactaL JUSTICE

Those participating in conferences

with the Attorney General were A. L.

Wirin, attorney for Takahashi, Scotty

Mschiya and Kiji Tanabe, representing

the Japanese American Citizens League,

A. A. Heist, Director of the AMERICAN

Civ, Liserties Union, Raymond G.

Booth of the Council of Civic Unity, and

Mel Harter of the Social Action Depart-

lent of the Los Angeles Church Federa-

tion, In addition to urging the advisability

of immediate appeal to the Supreme

Court in the fishing case, the group urged

at the Fish and Game Commission be

advised to grant temporary licenses pend-

Mg court decision.

ORANGE ScHOOL CASE

Representatives of these organizations

(Continued on Page 4, Column 3)

LOS ANGELES, CALIFORNIA, July 27, 1946

No. 22

Legal Restraints on Racial Libels

And Anonymous Publications Are Dangerous

AMERICAN CIVIL LIBERTIES UNION Warns and Analyzes

Well-intended efforts to restrain libel-

ous attacks on races, nationalities and

religions have resulted in proposals all

over the country to punish the distribu-

tion of anonymous publications of this

character or those which "tend to arouse

hatred or ridicule of any group because

of race, religion or ancestry." Today these

proposals are before many city councils

following their defeat in Congress and

state legislatures. The ACLU opposes

them all and urges all supporters of civil

liberties to join in opposition.

Concress SHOWED WIspoM

The movement first took the form of a

bill in Congress to exclude from the U.S.

mails all such matter. It never came out

of the House Post Office Committee due

to opposition which successfully pointed

out how easily such a measure could be

turned against its own advocates. If anti-

Semitic publications. were excluded, so

too could be those attacking anti-Semitic

publications on racial or religious grounds.

The same would be true of publications

attacking Jehovah's Witnesses or those

whom Jehovah's Witnesses attacked, and

so on ad infinitum. Negroes, Jews and

religious agencies all attacked the bill.

Story OF STATES

At the same time attempts were made

in state legislatures to punish libelous

attacks against races or religions and to

compel the identification of anonymous

publications. The first state to enact a

statute against race and religious hatred

was NEW JERSEY, which in 1935 adopt-

ed a special statute aimed at anti-Semitic

propaganda by German American Bund-

ists. It failed for four years, however, to

reach them. It was invoked against

Jehovah's Witnesses for anti-Catholic

utterances but no convictions were ob-

tained. In 1939, Bundists meeting at a

private summer camp were arrested by

state police for anti-Semitic utterances

and were convicted. The ACLU aided

their appeal to the higher court of the

state which held the statute unconstitu-

tional.

Said the court: "Ts it to be left to a jury

to conclude beyond reasonable doubt

when the emotion of hatred or hostility is

aroused in the mind of the listener as a

result of what a speaker has said? Noth-

ing in our criminal law can be invoked to

justify so wide a discretion. The criminal

code must be definite and informative so

that there may be no doubt in the mind

of the citizenry that the interdicted act

or conduct is illicit."

MASSACHUSETTS followed in 1942

with an amendment to the criminal libel

law to cover speeches inciting religious

and racial hatred. It has been proved

thoroughly unworkable in practice. There

has been exactly one prosecution which

was dismissed on a technicality.

In 1944, RHODE ISLAND legislature

passed a similar bill which was, however,

vetoed by the acting governor who said:

"I have taken this action in spite of the

laudable purpose intended because the

act is very vague and indefinite and

would lend itself to absuses in prosecu-

tion contrary to the intent and spirit of

the Constitution. .. . There are sufficient

safeguards in our law to meet any of the

abuses that the proposed legislation in-

tended to combat." His veto was sus-

tained.

The NEW YORK legislature has re-

peatedly refused to report out such bills.

TryiInG Crry ORDINANCES

With the failure of federal and state

legislation, advocates of legal suppres-

sion of anti-Semitic and other attacks on

race or religion shifted their efforts to

city councils. Ordinances were intro-

duced in many cities aimed at speeches

and publications inciting racial or reli-

gious hatred or requiring the identifica-

tion of all literature of this character

distributed-or indeed of all literature of

whatever character. A few cities have

adepted such ordinances. There is no

record of any succesful prosecutions

under them.

PAGE TWO

THE OPEN FORUM

Tue ACLU Posrrion

- The ACLU has consistently opposed

all this legislation in Congress, the state

legislatures and city councils. It will con-

tinue to oppose it; and solicits the support

of all members and friends in so doing.

The objections to all these attempts to

punish utterances or publications are:

1. Any penalty upon mere speech or

publication, however we may detest it,

endangers all free discussion of the sub-

jects tabooed. Its constitutionality is ex-

ceedingly doubtful under Supreme Court

free speech decisions.

2. No general agreement can be reach-

ed as to what constitutes racial or reli-

gious prejudice. Such laws may readily

be turned into boomerangs against their

advocates. Everything is left to the discre-

tion of prosecutors, who have a wide

range to indulge their own prejudices.

3. Even if such laws could successfully

reach the race-baiters, prosecution would

tend to advertise by highly-publicized

court trials the very doctrines and per-

sonalities it is intended to minimize.

4, Successful prosecutions would tend

to drive race-baiters underground and

promote secret and surreptitious cam-

paigns by whispers, rumors and furtive

publications.

(To Be Concluded in Next Issue) ~

U.S. Attorney General

Considers C.O. Amnesty

An amnesty for all imprisoned consci-

enctious objectors now over 26 years of

age is being considered by the govern-

ment according to a statement by At-

torney General Tom Clark on July 3. The

Attorney General made the statement to

a delegation of churchmen led by Rev.

Clarence T. R. Nelson of St. Paul, which

had urged such action especially in view

of recently announced amnesties for Ger-

mans and others "who participated in the

shooting war against Americans." Accord-

ing to members of the delegation a press

report that the amnesty would apply only

to men over 44 and exclude Jehovah's

Witnesses was in error.

If granted, the amnesty will affect most

of the 2,500 conscientious objectors still

in federal prisons, of whom three fourths

are Jehovah's Witnesses. It may also re-

store the right to vote and other civil

rights to most of the 4,500 more consci-

entious objectors who have served out

their terms and been released. Those

under 26 will presumably not be affect;

ed; nor will the amnesty stop further

committments to prison of the few men

refusing to be drafted.

Defend. Conscience!

YOU Have a Personal Responsibility In These Cases

WHATEVER one's personal judgement as to the propriety or effective.

ness of a citizen's refusal to bear arms, EVERY TRUE AMERICAN

' will want the rights of conscience preserved.

EXCEPT FOR CONSTANT VIGILANCE on the part of citizens who

care, government officials, in the interests of "efficiency", disregard the

individual's rights of conscience-particularly in war time and during

reconstruction periods.

American Rights Are Being Denied These Men-

47 LEN DORI Cis

Los Angeles is the testing ground of the

poorly conceived and _ ill-administered

Selective Service Act.

Forty seven Glendora strikers are fight-

ing for their rights as American civilians.

The constitutional rights of thousands of

others are dependent on the outcome of

their trials.

All Americans should be concerned

with the issue of "SLAVE LABOR" as

practiced under the Selective Service Act.

Just as Federal Courts have again and

again rebuked the military for unconsti-

tutional use of power against civilians so

the present military administrators of

Selective Service must be halted in their

discrimination against those whom Con-

gress asigned to "other work of national

importance."

BERMAN, SAUNDERS AND

THOMPSON

The Berman, Saunders and Thompson

cases not only involve legal issues grow:

ing out of the administration of the

Selective Service Act but also the broader

issues of FREEDOM OF RELIGION!

Shall we permit our courts to fasten upon

us conceptions of religion which many

thoughtful religionists have long since

out grown?

Here are Americans of the highest

order of sincerety and courage-qualities

sorely needed in our national life. Even

their accusers must respect them. Said

the Hearing Officer of the Departmett

of Justice in the Berman case, "I believe

that Registrant is sincere . . . in his belief

that war is futile, and in hig diagnosis of

the war as a war for the benefit of capi

talists. He has plenty of courage . . . If he

stood alone, he would oppose this wal

and fight our participation in it .

The American Civil Liberties Union

Defends Their Constitutional Rights!

But several thousand dollars may be necessary to successfully cary

these cases through the Supreme Court.

YOU Are the American Civil Liberties Union!

If your Counsel and officers are to carry on YOU must support w

with EXTRA contributions.

One friend with a special interest in C.O.s has contributed $50.00 pe!

month for the past year. What can YOU give IN ADDITION to you!

present contribution?

Make your checks payable to "A.C.L.U.", mark them "C.O. Defense

and mail them to

-THE AMERICAN CIVIL LIBERTIES UNION

257 South Spring Street

Los Angeles 12

aM

ho

he

ng

on

W-

he

ler

IN!

on

1Ce

THE OPEN FORUM

THE OPEN FORUM

OFFICIAL ORGAN

AMERICAN CIVIL LIBERTIES UNION

SOUTHERN CALIFORNIA BRANCH

Aaron Allen Heist, Director-Editor

CLINTON J. TAFT, Director Emeritus

EXECUTIVE COMMITTEE

Dr. E, P. RYLAND Morrison HANDSAKER

Chairman Hucu HarpymMan

A. L, Wirtn, Counsel Rev. ALLAN Hunter

JoHN C, PacKarpD J. W. MacNair

Treasurer CarEy McWILLIAMS

Mrs. JOHN BEARDSLEY LorEN MILLER

Dr. Ortver H, Bronson

Rosert Morris

ReusEN BoroucH

Pror. J. B. RamsEy

Froyp CovINcTon GLENN SmiLEy

Pror. Ropert Emerson Mrs. Ratpu Situ

J.B. Tinrz

Published Bi-Weekly at

Room 501, 257 South Spring Street

Los Angeles 12

Phone TUcker 8514

One Dollar the year.

Five cents per copy.

Entered as second-class matter April 24, 1946, at the

post office at Los Angeles, California, under the

Act of March 8, 1879.

eSB 100

Los Angeles, California, July 27, 1946

KEEP LIBERTY'S TORCH

BURNING!

Said Governor Thomas

E. Dewey, "The war for

freedom is an endless one.

NI The worst attacks are those

LIA ore which do not affect the

majority-the insidious attacks. Without

the American Civr, Liserties UNIon

there would be no organization to take

up the cudgels for lone oppressed indi-

viduals," :

During these summer months it is

especially desirable that friends renew

their subscriptions promptly, increase

their contributions, or send us an extra

$5.00 for six new subscriptions. MAKE

YOUR CONTRIBUTION TOWARD

FREEDOM THROUGH THE AMERI-

CAN CIVIL LIBERTIES UNION!

SUPPRESS 'EM?

"If you agree that race and religious

hatred are evil why not help jug race and

religion baters? Why advocate free

speech and free press for people who are

out to create antagonisms and disunity?

So tuns a familiar and seemingly plaus-

ible argument. For an adequate and

etican answer we recommend the

two installment articles beginning in the

Current issue."

sp nety man is worth just so much as

ine things are worth about which he

ustes himself."-Marcus Aurelius.

IF A MILLIONAIRE!

The head of the Adult Education De-

partment of one of our Southern Cali-

fornia cities last week sent us an extra

contribution along with an order for

additional copies of our July 18th issue.

We quote from the accompanying letter

- Every Week Of... ..7.. . and I wish

aloud after reading your paper that we

had a million endowment to give the

ACLU. It is, we think, our most vitally

useful instrument to preserve democracy

and to let light into a world whose black-

out curtains are still up. Many thanks for

dynamic changes in the paper that really

`make friends and influences people!"

Alas we can't wait for the "million

endowment!" And. we shall not be greatly

concerned about it if many others will

do as some are doing-send in double the

"usual" contribution or just send in an

"extra FIVE" now and then. Above all

we must have the aid of friends in build-

ing up the circulation of the OPEN

FORUM. How about sending us a list

of six names and addresses-all for $5.00?

WELCOME, NEW CITIZENS!

America took one step nearer the reali-

zation of her ideal of equality when

President Truman signed two bills mak-

ing possible the naturalization of natives

of India and the Phillipines. Under the

new laws persons of F ilipino descent

even if they entered this country illegally

before May 1, 1934, may become Ameri-

can citizens by showing continuous resi-

dence. Those who entered illegally after

that date must first regularize their entry.

All who entered legally before or after

May 1, 1934 are immediately elligible to

citizenship.

Natives of India can become American

citizens if they lived in the United States

since before July 1, 1924 with the same

reservations as for Filipinos except that

the date involved is July 1, 1924 instead

of May 1, 1934. -

The AMERICAN Crivit Linerties UNION

has supported these bills from the first.

Credit for their initiative probably be-

longs to the American Committee for the

Protection of Foreign Born which has

carried on the fight for the past six years.

The Committee is now making plans to

have the next session of Congress pass

legislation permitting the immigration

and naturalization of Koreans, Japanese,

Indonesians and Burmese. The ACLU

has officially recognized the need to press

for repeal of the entire Exclusion Law.

`THE BERMAN CASE

DECISION

Jesus of Nazareth was not teaching

religion when he uttered the parrable of

the Final Judgement! Such is the only

conclusion at which one may arrive logi-

PAGE THREE

cally if the majority decision of the Ninth

Circuit Court of Appeals in the Berman |

Case is to be accepted as authority.

THE COURT SAID, "No matter how

pure and admirable his (Berman's)

standard may be, no matter how devot-

edly he adheres to it, his philosophy and

morals and social policy without the con-

cept of deity cannot be said to be reli-

gion."

THE GREAT TEACHER'S story (Mt.

25:31ff) pointedly emphasizes his judge-

ment that the "just" are not those of "reli-

gious training and belief" but people who

are utterly dumbfounded to learn that

their "philosophy and morals and social

policy" expressed in feeding the hungry,

clothing the naked, etc. had any relation

whatsoever to "an authority higher and

beyond any wordly one," as the court

deems necessary.

Not since "Bible Belt" courts upheld

anti-evolution laws has there been a de-

cision more repugnant to intelligent reli-

gion. That a court composed of laymen

should have found difficulty in defining

religion is not at all strange since experts

in the field of the philosophy of religion

have long struggled for an adequate defi-

nition. What is remarkable is that judges

should argue from popular stories of "fox

hole religion" to the disregard of the im-

plications of the testimony of ministers

and of a Professor of Christian Theology

and Christian Ethics who personally

knew Berman-not to mention the fact

pointed out by Judge Denman in his

dissenting opinion, that "many of the

great religious faiths with hundreds of

millions of followers have no God."

(Taoism and early Buddhism.) And not

a little amusing is the effort of the court

to bolster its narrow construction by

what they seem to think was the intent

of the authors of the Bill of Rights in

using the word "religion" in the First

Amendment. The court has evidently

overlooked an important matter of his-

tory, namely, that to the people of "reli-

gious training and belief" of that day

considered many of the authors and ad-

vocates of the Constitution to be terrible

"athiests."

Since the decision of the Ninth Cir-

cuit Court of Appeals is in conflict with

the decision of the Second Circuit in

United States v. Phillips, and in its failure

to recognize religion as not necessarily

requiring a god, as held by Judge Agus-

tus Hand in United States v. Kauten, the

issue of the validity of Herman Berman's

claim to exemption from military service

by reason of conscientious objection must

be determined by the highest court of

our land. Encouraged by the dissenting

opinion of Justice Denman in this case,

the AMERICAN Civi. Lisertizs Union

appeals to the Supreme Court.

PAGE FOUR

Herman Berman-C.0.

In his application for a conscientious

objector's status Herman Berman de-

clared:

"I claim the exemption provided by

Selective Training and Service Act of

1940 for conscientious objectors, because

I am conscientiously opposed by reason

of my religious training and belief to

participation in war in any form and to

participation in any service which is

under the direction of military author-

ities. ...

"Therefore, for the sake of humanity

and out of deep loyalty to my fellow cit-

izens I am opposed to war and refuse to

participate in any activity connected with

the war effort. However, I seek to con-

tinue working in the fields of construc-

tive effort, alleviating distress among

the under-privileged members of society,

assist in breaking down the barriers of

race, color, and creed, and work towards

a society based on social ownership and

co-operative and genuinely democratic

control of the means of production and

distribution for the benefit of all man-

kind."

The majority opinion generously con-

ceeded that "there is evidence in support

of the conclusion that appellant was sin-

cere in the belief he professed. . . ." Jus-

tice Denman added, "we have Berman's

uncontradicted statement that his `con-

scientious' objection is the result of his

religious belief."

ALFRED SAUNDERS-C.O.

Not unlike the Herman Berman case

is the case of Alfred Saunders which also

involves the issue of what constitutes

"religious training and belief'. In his

behalf, the AMericAN Civi. LIBERTIES

Union counsel has filed a petition for a

writ of certiorari in the United States

Supreme Court. Nothing is being left un-

done to protect and broaden present

rights of conscience under American law.

THE THOMPSON CASE

The Thompson case being similar in

many respects to the other cases now on

appeal, it is held in abeyance pending

the outcome of the other cases.

NUDIST INDICTMENT

DISMISSED

An indictment against Rev. Illsley

Boone, leading American nudist, for Cir-

culating an "indecent magazine' was

dismissed by the U.S. Attorney in New-

ark, New Jersey last week. Rev. Mr.

Boone was indicted by a federal grand

jury in September last year after the

F.B.I. had seized copies of his nudist

magazine "Sunshine and Health" from a

trucking company. The proceedings

against Mr. Boone were several times

protested to Attorney General Clark by

the AMERICAN CrviL LIBERTIES UNION,

which held they ought to be dropped

since they were based on the untenable

assumption that "nudism per se is ob-

scene."

LABOR GOVERNMENT

OFFERS BET TER. SO-

GIALASECURIT Y,

Few people outside Britain realize that

the new social security program worked

out by Health Minister James Griffiths

goes far beyond the Beveridge Plan,

which was drastically toned down by the

Churchill government? The bill, now be-

fore Parliament and apparently almost

certain to pass without serious amend-

ments, covers unemployment, sickness,

old age, maternity, death, widows and

orphans. Briefly summarized, the pro-

gram allows 26 shillings ($5.23) a week

for adults who are ill, aged, retired, or

unemployed. For each dependent includ-

ing the first child an additional benefit

is provided, amounting to seven shillings

sixpence. Mothers will receive 36 shil-

lings a week for 13 weeks after child-

birth, with a special grant of four pounds

($6.14) plus an attendance allowance of

a pound per week for four weeks.

Weekly contributions to finance the

scheme will be paid by employers at rates

varying from one shilling ninepence up-

wards. Workers will also pay variable

rates, the average per week for an adult

male being four shillings sevenpence.

Chief friendly criticism is based on a be-

lief that the workers' contributions are

too high, though admittedly the benefits

are substantial and will bring British peo-

ple in general a confidence and an eco-

nomic assurance they have not dreamed

of previously.

THE OPEN FORUM

Venereal Tests-

Police Racket!

The practice of holding persons sus-

pected of venereal diseases in jail for

periods up to five days while waiting

results of medical tests may be tested in

court, as a consequences of a Berkeley,

California, case brought to the Northem

California branch of the AMERICAN Civi,

LIBERTIES UNION.

Two young women were taken into

custody by a police officer in a Berkeley _

restaurant last May on complaint of two

sailors who claimed they had been infect.

ed by them. The two young women were

held in jail for five days without hearing

or bail, and without being allowed to

telephone relatives their whereabouts,

When the tests showed no infection they

were released. Neither of the two women

had ever been arrested; one was the

mother of two small children, the other

lost her job for absence from work,

Attorney Clarence Rust of San Fran-

cisco, of the executive board of the

Northern California branch of the ACLU,

is looking into their cases with an eye to

making a legal test. The ACLU has had

many complaints during the last year,

but has been unable to get a test case. It

objects to police officers carrying oil

Health Department functions; to holding

without bail alleged infected persons

and to the practice sometimes followed

of charging suspects with vagrancy 4

a pretext for holding them. It points out

that it is not a crime to be infected with

a venereal disease, or to be suspected

of it.

FISH COMMISSION

(Continued from Page 1, Column 1)

also urged that the Attorney General'.

office intervene, as a friend of the cout!

in the Orange County school distric!

appeal from the decision of Judge Me-

Cormick outlawing segregated schools

They contended that wholly aside frotl

the propriety of the state intervening it

a Federal case in the interests of destroy'

ing the segregation pattern, such a ge

ture would have an electrifying effect

international relations.

`THE Auien Lanp Law

Finally, the committee urged that i

the interests of international justice 4!

goodwill the Attorney General give wie

publicity to the fact that while bis

department is responsible for the pros

cution of the Oyama Escheat Case he"

personally on record as beleiving that

Alien Land Law should be repealed.