vol. 15, no. 7

on a.

~ Union-News

VOLUME XV

Holmes Retires as ACLU

Chairman; Angell Named

The resignation of Dr. John Haynes Holmes as

chairman of the ACLU Board of Directors and

the unanimous election of Ernest Angell, promi-

nent New York lawyer, as his successor were an-

nounced last month. Dr. Holmes, who has held the

post for ten years, tendered his resignation, ef-

fective July 1, because of ill health.

The new ACLU chairman is an active member

of the bar, having been associated with the firm

of Hardin, Hess and Elder from 1922 to 1936 and

as a partner of the firm of Spence, Hotchkiss,

Parker and Duryee since 1938. Born in Cleveland,

Ohio in 1889, he is a graduate of Harvard Uni-

versity and Harvard Law School. He practiced

in Cleveland until 1917 when he entered the armed

forces and served as a first lieutenant and captain

of the infantry in the American Expeditionary

Force. He is a member of the Willard Straight

Post of the American Legion.

Angell served as regional administrator of the

U. S. Securities and Exchange Commission from

1936 to 1938. He is currently the chairman of the

Second Regional Loyalty Board of the federal

government, and president of the Association

Against Election Frauds of New York City. He is

a member of the American and New York State

Bar Association, New York County Lawyers As- |

sociation, and serves as head of the Committee on

"Municipal Affairs of the Association of the Bar of

the City of New York. He is also a trustee of

Briarcliff College and a member of Phi Beta Kap-

_ pa, the Century Association, and the Harvard,

City Midday and River Clubs in New York. The

author of a book "Supreme Court Primer', pub-

lished in 1937, Angell has contributed numerous

articles to literary journals and law reviews. He is

married and the father of four children. Politic-

ally, he is a Republican.

In accepting Dr. Holmes resignation with "pro-

found regret," the ACLU Board paid tribute to his

long years of service to the cause of civil liberties.

A special resolution unanimously adopted by the

Board stated: "One of the founders of the Union

in 1920, Dr. Holmes has sat continuously on the

Board since that year. In the ten years of his

chairmanship he has held high the reputation of 0x00B0

the ACLU. Known and widely respected as a

_ man of courage and great good will, and above

partisanship and self-advancement, he has served

`the cause of civil liberties in peace and in war as

no lesser man could have. We have counted on

him as much as a friend as a leader and we rejoice

ee a will continue to serve as a member of the

oard." a

Large Audiences Greet Pat

Malin at Two Public Meetings

Overflow audiences greeted Patrick Murphy

Malin, who succeeded Roger N. Baldwin as na-

tional director of the Union, when he addressed

two ACLU meetings in the San Francisco bay area

last month. The Berkeley meeting attracted 350

people, while the San Francisco meeting was at-

tended by about 250 persons. Mr. Malin spoke on

"The Risks of Freedom." Prof. Laurence Sears

presided at the Berkeley meeting, while Rt. Rev.

`Edward L. Parsons was chairman of the San

Francisco meeting.

_ __Mr. Malin also attended a special meting of the

Union's local Executive Committee for a dis-

cussion of organizational problems. He was inter-

viewed on the radio and gave a press conference

at the ACLU office. Members of the Committee

also met with Mr. Malin at several dinner parties

and a luncheon. Receptions were held after the

public meetings.

The office wishes to express its deep apprecia-

tion to the many members in San Francisco and

Berkeley who helped in arranging the various

meetings and parties.

SAN FRANCISCO, JULY, 1950

"Eternal vigilance is the price of liberty."

No. 7

Peru Agrees to Consider Return of

Peruvian-Japanese On An Individua

`The United States Embassy in Peru late last

month advised Attorney Wayne M. Collins of

San Francisco that it will give "individual con-

sideration" to the return of Peruvian-Japanese

brought to the United States against their will

six or seven years ago, provided there are guar-

antees from responsible persons that they will

not become public charges and provided that the

cost of transportation does not fall upon the Pe-

ruvian Government. It is understood that the

United States has agreed to pay such transporta-

tion costs.

The Peruvian-Japanese were arrested in 1943

and 1944 and turned over to U. S. Military Po-

lice in Callao. They were then transported to the

United States and interned. Subsequently, the

State Department decided that these people were

not dangerous to hemispheric security, but the

Peruvian Government declined to permit their

return, although some were born in Peru and

others were naturalized citizens. On an average,

they had resided in Peru for 23 years. Many had

native wives and had adopted the Roman Catholic

religion. Gos :

The Immigration Service sought to deport the

Peruvian-Japanese to Japan as illegal entrants

into the United States, but that action was pre-

vented by the filing of test suits in the United

States District Court in San Francisco. There-

after, the Justice Department decided not litigate

the cases. "

Efforts to secure the return of the Peruvian-

Japanese to Peru met with failure largely because

of the unstable political condition in that coun-

try. Most of the Peruvian-Japanese are eligible

for suspension of deportation and it is not ex-

pected that all of them will avail themselves of

Japanese Citizenship Bill

Passed by U.S. Senate

A bill to permit naturalization of 132,000 Jap-

anese alien residents of the United States and Ha-

waii was passed by the Senate on June 8 and

sent to the House-Senate Conference Committee

where final details will be worked out. Should

the bill pass both Houses, it will mark the first

time that foreign-born persons of Japanese an-

cestry will be eligible for naturalization in the

United States.

Under the original resolution, introduced by

Rep. Francis E. Walter (D. Penn.), the privilege

of naturalization could not be denied or abridged

because or race. The amended version of the bill

grants naturalization only "to Japanese persons

and persons of Japanese descent'. who entered

the United States (including Hawaii) prior to

July 1, 1934, who have resided here continuously

and are not subject to deportation. :

Representative Walter has said that in the con-

ference committee, he will make an effort to re-

store the original provision of the measure eli-

minating race as a requisite to naturalization.

2

Veterans Seek Dismissal of

Teacher Associated With UWF ae

Veterans' organizations in Benicia last moth

sought to secure the dismissal of Miss Fee

Bruner, a teacher in the local high school, @y-

cause of her association with the United Wogd

Federalists. Miss Bruner had served as a leader

of a student chapter of the organization in the

high school.

The Board nevertheless renewed Miss Bruner's

contract for another year, but banned the stu-

dent group. Veterans' organizations have taken

the position that United World Federalists is a

subversive organization. -

; Q

the opportunity to return to Peru. Indeed, many

now have American-born children and have got-

ten pretty well adjusted to living in the United

States. Those with their families in Peru, how-

ever, are expected to return. 8

The letter of Richard H. Hawkins, Jr., First

Secretary of the U. S. Embassy in Peru to Wayne

M. Collins follows: "In reply to your letter of

June 13 I may say that the Foreign Minister of

Peru indicated orally to the Ambassador on May

26 that the Government of Peru is prepared ta

give individual consideration to the re-admission

of any of the Peruvian-Japanese who are now

in the United States provided some responsible -

person in Peru guarantees work and food in each

ease and provided the cost of transportation is

defrayed in each case other than by the Govern-

ment of Peru.

"We understand that the United States Gov-

ernment is prepared to defray transportation

costs. It therefore remains for interested parties

in Peru to provide the requisite guarantees of

food and work tothe Foreign Ministry here and

for the Foreign Ministry to authorize the issuance

of the necessary documentation for each trav- - ]

eler upon the basis of papers (birth certificates,

etc.) that interested persons here have in most

cases already filed with the Foreign Ministry. :

"We have informally advised a member of the

staff of the Swedish Legation in Lima of the

foregoing and from him received assurance that

interested persons in Peru will be informed of

the situation so that they can provide the guar-

antees which the Foreign Ministry requires. We

have, of course, also informed the Department of

State of these developments."

| ized larger quarters, but the Union's effort to

We Move Our Office

On June 9 the American Civil Liberties

Union of Northern California moved its of-

fice from the Sheldon Bldg,. 461 Market St.,

San Francisco, to the Cunard Bldg., 503 Mar-

ket St. (Room 404). The sudden move came

ahout because the Sheldon Bldg. leased a suite

of rooms to a new tenant. including the room

occupied by the Union. When promised space

in another portion of the building failed to

materialize, the Union was compelled to move.

At its new quarters. the Union has two

bright rooms instead of the one room it has

eustomarily'' occupied. For the past couple

of vears the Executive Committee has author-

secure such space in the Sheldon Bldg. was

unsnecessful. There is about half again as |

much snace in the new offices as in the, former

office. The rent under a two-year lease is

$92.50 a month.

This is the Union's third move in almost

sixteen years. For three vears the Union rented

an office in the Mills Bldg. Faced with an in-

crease in its rent, if moved on September 1,

1937 to 216 Pine St. The move to the Sheldon

Bldg. was made almost nine years later (on

June 7, 1946) after the Liberty Mutual Insur-

ance Co. leased the entire building at 216

Pine St. :

We invite you to visit us at.our new quar-

ters. The Cunard Bldg. is located at the south-

east corner of Market and First streets-Jjust

across the street from where we were before.

Our telephone number remains the same-

EXbrooek 2-3255.

Hereafter, our address will be as follows:

American Civil Liberties Union,

503 Market St.,

San Francisco 5, Calif.

Page 2

= hes

Union Argues `Free Press'

Protection for Movies

Arguing that motion pictures are entitled to

the "free press" protection of `the First Amend-

ment, the American Civil Liberties Union "has

urged the U.S. Circuit Court of Appeals in New

Orleans, La. to reverse a decision of the Atlanta,

Ga. Federal District Court upholding the Atlanta

Censor Board's banning of the film, "Lost Bound-

aries."

The statement was contained in a "friend of

the court" brief prepared by ACLU in a vital

test of the movie censorship power exerted by

state and municipal bodies. The case was brought

by the film's producer, Louis B. De Rochemont,

and the distributors, Film Classics Inc., after the

Atlanta censor board refused to permit a showing

of the film that deals with the effort of a Negro

family to pass as white in a New England com-

munity. The board claimed that the picture, in

the words of a city ordinance, would "adversely

affect the peace, morals and good order" of the

city.

In dismissing the original action, the District

Court said it was bound by a 1915 Supreme Court

decision which held that films were "entertain-

ment" and not entitled to the "free press" pro-

tection of the First Amendment. The ACLU brief

filed today asserts that "it is the duty of this

court to lay the ghost of that precedent, to under-

take its re-examination to vindicate the funda-

mental constitutional principle that every vehicle

of ideas is shielded from censorship." It adds that

"the potentialities of motion pictures for the

dramatic presentation of ideas have been both

realized and further developed" since 1915, and

the present case offers a "concrete example of

censorship operation that hardly could have been

presented to the Supreme Court" 35 years ago.

The Supreme Court in the Paramount Pictures

case in 1948 stated that films are included in the

free press guarantee.

"Unless the First Amendment is to be en-

shrined in some museum of 18th Century anti-

quities, along with the hand press that first

printed it, its protection must be extended to the

media of communication which the technology

of our age has developed. The hand press is pro-

tected because it can be a conveyance of ideas to

numbers of people. The so-called mass media, and

Specifically motion pictures, must be protected

just because they are more effective, more gra-

phic and reach a wider audience."

Declaring that the Atlanta censorship ordin-

ance itself is an attack on a free press, the ACLU

contends that censorship in this case "ig repug-

nant to the First and 14th amendments because

by it the repression of unconventional ideas is

made immeasurably extensive. No restriction

could be more sweeping in its effect. Every mo-

tion picture must be submitted to a censor at

whose discretion its public exhibition may be

barred."

The ACLU brief also attacks the standards

established in the ordinance, claiming thev are

"an open invitation to discriminatory enforce-

ment." If motion pictures are protected by the

First. Amendment, "it is because of the principle

that it is fundamental to our form of government

that all of men's problems should receive public

answers of the greatest variety. Moreover, if the

ideas disseminated are unconventional or novel or

intemperate, causing dissatisfaction with the pre-

sent `good order,' for this very reason they must

be protected. . . It is inescapable that the extreme

breadth of the ordinance as applied by the Atlanta

censors permits, and indeed, invites the discrim-

inatory Suppression of motion pictures by admin-

istrative whim."

Obie Lovalty Oath for

Unemnlovment Benefits Upheld

An Ohio statute which in effect requires loy-

alty. oaths from applicants for unemployment

compensation benefits has been declared consti-

tutional in the Common Pleas Court of Franklin

County.

Judge Dana F. Reynolds held that the law does

not penalize any person and is intended only to

withhold government "bounty" from "disloyal"

people. ,

A taxpayer's suit brought by Jack B. Dwor-

ken claimed the law violates state and federal

constitutional guarantees of free speech, amounts

to a bill of attainder, has no bearing on the pur-

poses of unemployment compensation, and dis-

criminates against the unemployed workers.

Under the Ohio law's provisions, no claim for

unemployment compensation is considered valid

unless the applicant signs an affidavit stating

whether or not he advocates or belongs to a

party which advocates overthrow of the gov-

ernment by force. A person answering in the af-

firmative is deemed ineligible for unemployment

benefits.

(R)

AMERICAN CIVIL LIBERTIES UNION-NEWS

SACRIFICING LIB

ERTY FOR SECURITY

The following letter, which appeared in the June 23 issue of the "San Francisco Chronicle,"

points out the dangers to our rights resulting from the cold war on the home front.

The dominant fact about America today is our

search for security in a world that seems to hold

little but threats. That these threats are genuine

seems to be without question. But it is time for

us to recognize that there are dangers in addition

to those coming from the Soviet Union, which,

in fact, arise from the ways by which we are

seeking to protect ourselves.

The Committee for Economic Development has

recently warned that security measures, un-

curbed by the requirements of freedom, can un-

dermine our free institutions. And Justice Jack-

son has bluntly reminded us that "security is

like liberty, in that many are the crimes com-

mitted in its name." Certainly two basic rights

of Americans now seem more seriously chal-

lenged than at any time in the past 150 years-

i. e., the right of dissent and the right to a fair

trial. We are determined to be secure, but can

we at the same time keep our traditional Amer-

ican liberties? .

There -have been many incidents in the past

two years which have caused us to question

whether trial by press, conviction by slander and

guilt by association are necessary prices of na-

tional security. But the events of this last spring

have' convinced many that this is precisely the

price we are paying.

When a man of the stature of Professor Jessup

can be irresponsibly slandered, there seems little

left of the things which we in the Anglo-Saxon

tradition have valued. Senator Margaret Chase

Smith spoke clearly and courageously when she

said that the Senate "has too often been debased

to the level of a forum of hate and character as-

sassination sheltered by the shield of congres-

sional immunity." Professor Jessup was charged

with the most serious crime a citizen can commit.

Yet he does not know and cannot find out the

evidence on which the charge was made. Trial

by jury with ordinary legal safeguards was out.

Guilt was assumed without the possibility of es-

tablishing innocence, and libel was legalized

under the cloak of patriotism.

We have suggested that in the search for se-

curity we were losing our rights, but it is high

time that we went on to ask whether we are even

gaining security. : /

The present procedure drives good men from

Government employ at a time when we need the -

best there are. It creates a feeling of panic at -

a time when sense and sanity are neded. It weak- .

ens our representatives abroad and puts enor-

mous propaganda power in the hands of the Rus-

sians. No one questions but that the latter fish

in troubled waters, but it does seem stupid to

furnish them with the bait. The Kremlin must

be watching our loss of confidence in our leaders -

and our institutions, and the breakdown of our

morale with gratitude and glee.

Furthermore, this kind of procedure does not

even do the specific job of locating possible sub-

versives. Former Secretary of State Henry Stim-

son recently pointed out that indiscriminate ac-

cusations are doubly offensive, since they not

only damage the innocent but also protect the

euilty. The price of security is too high when it

destroys the very things we would preserve; it

is intolerable when it does not even bring se-

curity. |

It is hard to believe that we are the weaker

because we still believe in our Bill of Rights.

Years ago we repudiated the slogan "Peace at

any price'-in part because we discovered it did

not even bring peace. So, too, with security at any

price, it will mean the destruction even of our

security. We are not likely to preserve our lib-

erty by sacrificing it.

JOHN B. CONDLIFFE, MONROE DEUTSCH,

HAROLD FISHER, MARTHA GER-

"BODE, EMMA McLAUGHLIN, PAUL

LEONARD, PETER ODEGARD, EAST-

ON ROTHWELL, LAURENCE SEARS,

CARL SPAETH, LYNN T. WHITE JR.

Oakland.

Seek Meeting With Colleae

Heads on Banning of Speaker

Reaffirming its principle of academic freedom

that no person should be barred from speaking

at an educational institution because he is under

"indictment, suspension, charges or similar bur-

den," the American Civil Liberties Union last

month urged the presidents of the city colleges

and the Board of Higher Education to meet with

it and representatives of suspended and dis-

ciplined student organizations of Queens College

"To improve understanding in many quarters of

an admittedly difficult situation."

The issue arose in May when student groups, in

defiance of a Queens College ruling, invited Mrs.

Celia Zitron, one of the eight teachers suspended

by Superintendent of Schools William Jansen for

refusing to answer questions concerning member-

ship in the Communist Party, to address a meet-

ing.

In assailing the original ruling by college

authorities, the ACLU said that "approval, as

distinguished from advice, should not be required

for invitations to be extended by student organi-

zations." The letter deplored Queens College's

departure from "its fine tradition of free sneech"

and said it "carries the implication of endorsing

the present wide-spread neglect of the American

and democratic doctrine of presumed innocence

of persons under charges."

After noting that the original refusal was re-

ported to have been based on a College regulation

that all invitations had to have adminstration

approval and to have been motivated by the "be-

lief that it would be inappropriate for one part of

the city's educational system to countenance op-

position to another part, the ACLU officials said:

"... comity within the city adminstration or edu-

cational system is insufficient reason to depart

from that tradition of free speech."

Though not condoning the action of the stu-

dents in defiance of the ruling "because there

were and are other channels of protest and

remedy open, ACLU deplored "personal penal-

tigs imposed on students acting in behalf of or-

ganizations, the organizations themselves having

already been disciplined."

Following Mrs. Zitron's address on May 19,

Queens College Student Council and three other

organizations were suspended. Involved were the

Queens College Committee for the Conference on

Democracy in Education, Queens College Liberals,

and the Young Progressives of America.

The ACLU letter said that it was also reported

that the college had withheld service awards from

Supreme Court Bans Picketing

For `Illegal' Purposes a

In a series of three decisions handed down May

8, the United States Supreme Court greatly modi-

fied the position it had taken in 1940 that peaceful

picketing is protected by the guarantee of free

speech and held that picketing for an object con-

sidered illegal by any state court could be com-

pletely prohibited. Mr, Justice Douglas did not

participate.

In the first case, involving the AFL Building

Services Employees Union in the state of Wash-

ington, the Court held by an 8-0 vote that peace-

ful picketing could be constitutionally enjoined

where its purpose was to compel an employer to

sign a contract which would have compelled his

employees to be represented by a particular union

against their will. This was held to be illegal be-

cause Washington had a law that prohibited em-

ployers from depriving their employees of the

right to choose their own representatives.

In the second case, the Court upheld the con-

stitutionality of an injunction by the Supreme.

Court of California against a union which sought

to enforce racial quotas in employment. Although

California has no FEPC law, its courts had laid

down a policy against discrimination in employ-

ment on racial lines by labor unions. e

The ACLU had filed a brief as friend of the

court, condemning the purpose of the picketing,

but contending that it was nevertheless protected

by the right to free speech and must fall by itself

because of its absurdity.

In the third decision, the Court split 5-3 in up-

holding an injunction prohibiting all picketing,

when the picketing in question was by unions to

compel non-union self-employer auto dealers to

close at the same hours as did those dealers em-

ploying union labor. Mr. Justice Frankfurter,

joined by Chief Justice Vinson and Justice Jack-

son and Burton, held that a state had the right to

weigh the question of preferring unions or self-_

employers. He said that prohibition for an object

found illegal by the courts will not be held an un-

constitutional choice, unless it strikes "a balance

so inconsistent with the rooted traditions of a

free people that it must be found an unconstitu-

tional choice."

two students who had acted as representatives

of their organizations. On May 31, announcement

was made of disciplinary probation for 21 stu-

dents, for their part in the May 19 dispute, to-

gether with a quotation from President Theobald

to the effect that "any future violations of this

sort will result in immediate dismissal."

= oan = A

U.S. Supreme Court Deals

Slow Death to Segregation

In three historic unanimous decisions handed

down on June 5, the U. S. Supreme Court out-

lawed segregation in dining cars on interstate

trains and in higher state-supported education. It

did not rule on the constitutionality of segregation

itself.

In the Henderson case, the Court, in an 8-0

opinion written by Mr. Justice Burton, held that

the unconditional reservation of some dining car

tables for whites and others for Negroes was a

violation of the Interstate Commerce Act, since

it subjected persons to undue or unreasonable

prejudice or disadvantage. Negroes and white

were both subjected to prejudice in that they

might be compelled to await a vacancy at tables

set apart for them though there might be vacan-

~.

and discuss problems with other

cies elsewhere in the car. Henderson, while a war-

time employe of the Fair Employment Practices

Commission, was denied service by the Southern

Railway.

The Sweatt case involved the question of

whether a Negro could constitutionally be de-

nied admission to the University of Texas Law

School because of his race when the state offered

him admission instead to a school established

just for Negroes. The Court, in a 9-0 opinion by

Chief Justice Vinson, found it unnecessary to de-

cide whether its 54-year old decision in Plessy v.

Ferguson, holding that separate facilities for dif-

ferent races were constitutional if they were

equal, should be overruled. It held instead that a

newly established law school from which all

whites, a large proportion of the population,

were excluded could not possibly offer substan-

tially equal opportunities in education.

Once admitted to a graduate state school, a

Negro may not be subjected to different treat-

ment than other students solely because of race,

the Supreme Court held in a 9-0 opinion written

by Chief Justice Vinson, in the McLaurin case,

when such treatment results in a handicap to his

education. It found that McLaurin was receiving

unequal treatment because he was assigned to a

separate row of seats in the classroom, assigned

to a separate table in the library and the cafe-

teria, all of which inhibited his ability to study

students and to

learn his profession. : po ag ye

Commenting on the decisions, ACLU staff

counsel Herbert Levy said: "The ACLU had con-

tended in these cases that segregation itself was

unequal treatment of the races and therefore

unconstitutional. While the court did not rule

expressly on this point, it showed a readiness

to find other unequal treatment in unfortunately

commonplace instances of segregation. It is hard

to imagine in what cases similar unequal treat-

ment cannot be found, and gradually the Court

will probably progressively outlaw each instance

of segregation. This means a flood of new test

cases of particular situations, unless the Supreme

Court grants review of Senator Taylor's (D.-

Ohio) conviction for violating a Birmingham,

Ala., segregation ordinance, which may possibly

bring the issue of the constitutionality of segre-

gation before the Court in a way in which it can-

not be avoided." +

ACLU Urges Revised Policy

On Atomic Energy Discussion

ACLU has urged relaxation of the Atomic

Energy Commission's censorship regulations for

its employees, contractors and consultants and

suggested a plan whereby these individuals could

`discuss non-secret data publicly and thus provide

the. nation with needed

H-bomb.

In a letter sent to the Commission the Union

made it clear that it does not object to restricting

information on the

_ discussion of classified data, but is "deeply con-

_cerned over the censorship of persons who do not

discuss classified material and whose discussion

therefore would seem to `have no reasonable rela-

tion to national security."" AEC had requested

those associated with atomic projects to refrain

from discussing any technical information on

thermonuclear weapons, even information un-

classified or previously released.

This policy recently was responsible for the

burning of 3,000 copies of Scientific American,

a magazine which contained a disapproved article

on the H-bomb by Dr. Hans Bothe, AEC contract

consultant and outstanding university physicist.

The action brought a strong protest from the

Council on the Federation of American Scientists

which urged prompt revision of the AEC policy

and said that "it was not secrets which were thus

protected, it was raw materials for public under-

standing that went up in smoke."

The ACLU proposed that the Commission per-

mit employees, contractors and consultants to

AMERICAN CIVIL LIBERTIES UNION-NEWS

x Sie eeate

Union's

The American Civil Liberties Union petitioned

the U.S. Circuit Court of Appeals last month to

reverse the conviction of 11 Communist leaders

last fall for conspiracy to advocate violent over-

throw of the government. The contents of a brief,

filed as friend of the court, was released as the

court heard oral arguments on the case. The

ACLU declared:

1. That the Smith Act, under which the Com-

munists were tried, "operating without regard

to surrounding circumstances, is by its terms an

unwarranted censorial abridgment of free speech"

and consequently violates: the First Amendment;

and that

2. "Even if constitutional on its face, the stat-

ute as applied to the Communist leaders is invalid

because applied in the absence of a jury finding of

clear and present danger of action to carry out

the ideas to be advocated." The brief was pre-

pared by ACLU general counsel Arthur Garfield

Hays and ACLU attorneys Osmond K. Fraenkel,

Eastman Burkett and Joseph H. Flom.

This is not the first time that the Union has

attacked the Smith Act as violating the prin-

ciple of free speech. In 1941, when the political

group of bitterly anti-Communist Trotskyites was

convicted under the act, the ACLU came to its

defense. This was followed by support of several

"native fascists" who were indicted under the

act during the war.

"Day-to-day events on local, national and inter-

national levels emphasize the urgent need for

safeguarding the vital interest of the individual

and of society in maintaining the fullest freedom

of discussion that is compatible with the security

School Board Examines

Union Ties of Employees

The American Civil Liberties Union last month

protested to Dr. Herbert C. Clish, San Francisco

Superintendent of Schools, against an inquiry

into the labor union affiliations of employees of

Child Care Centers. The Union contended that

the investigation violated a Board rule which

provides that "Teachers and other employees of

the Board of Education shall have complete

freedom of selecting the professional organiza-

tions which they may wish to join, without co-

ercion from any administrative officer or other

school employee."

Underlying the rule, said the Union, "is the

general principle that government employees:

have the right of freedom of organization. The

Board's rule is idle if in practice it means that

employees have freedom of organization so long

as they join organizations which the Board ap-

proves."

The issue arose when the San Francisco City

County Employees Union Local 503, AFL, no-

tified the Superintendent they had disaffiliated

from the United Public Workers of America,

"which had been expelled from the CIO for alleg-

edly following the Communist Party line, and

were operating under the new name. They ad~

vised the Superintendent that 80 employees of

the Child Care Centers continued their old affili-.

ation.

Board Member Joseph L. Alioto thereupon

called for an investigation to determine why the

80 employees continued their affiliation with a

group that the CIO had determined to be Com-

munist. The Superintendent was directed to find

out which employees retained their membership

in the UPW, and a questionnaire was sent to all

Child Care Center employees. The attorney for

the Board ruled that the Superintendent's ques-

tionnaire did not violate the Board's rule gerant-

ing employees freedom of organization. Never-

theless, some UPW members were sufficiently

intimidated to withdraw their affiliation from

the UPW.

The new union also protested the Board's

action. The Superintendent is preparing a special

report on the subject which is not available at

this writing.

The ACLU has been informed that many of

the employees who refused to change their af-

filiation were members of minority racial groups

and they were reluctant to join the AFL because

of its history of racial discrimination.

discuss unclassified technical information so long

as they speak as individuals rather than as repre-

sentatives of AEC. The letter said such "appropri-

ate measures" would negate any dangers of a

scientist's opinion being interpreted as that of the

Commission's and that the benefits that would

follow from full discussion are "`so substantial as

to make imperative a modification of the present

policy."

Brief Urges Court of

Reverse Conviction of 11 Co

-- 7 = the. S

lite @

of the nation," the ACLU brief stated. "It is more -

and more apparent that, while liberty can only

exist within a framework of order, the question

pressing above all others for solution is the ac-

commodation, under the Constitution, of freedom

and authority in such a manner as to preserve

the benefits of each. The issues raised by the

instant case go to the heart of this basic problem."

Emphasizing its unalterable opposition to com-

munism, the ACLU charged that the Smith Act is

unconstitutional and deals only with advocacy of

ideas. ee

"The power of the persons concerned to bring

about the forbidden result is thus left completely

out of account, as are all other circumstances

surrounding the agreement or the contemplated

advocacy. ...

"By its terms, therefore, it goes far beyond

the area of possible danger of violence or attempt-

ed violence. It operates not merely in time of

public emergency, but as well in the midst of

calm and good order. It reaches not only the in-

flammatory incitations of a skilled agitator ad-

dressing an aroused mob, but also the puny

forensics of the street corner pamphleteer

addressing a handful of the bored, the amused

or the merely curious....

"This statute, it is clear, is not narrowly drawn

to cover a precise legislative evil, but is an over-

broad and censorial threat to the deep interest

of the individual and society alike in the preser-

vation of the widest possible freedom of discus-

sion. The Supreme Court has held that such a

statute is not merely invalid when too sweepingly

applied in a particular case, but is void upon its

face."

Even if the Smith Act is thought to he valid,

ACLU declared, the appeals court should over-

turn the conviction of the 11 Communist leaders

because the tury which found them guilty was

not permitted by Judge Harold Medina to con-

sider the aspect of a "clear and present danger."

"The determination of whether there existed

in the instant case, in addition to the conspiracy

to advocate violent overthrow, circumstances

manifesting a clear and present danger of serious

evil, necessarily depended upon the establishment

of numerous sharply controverted facts, as well

as upon the assessment of the significance of the

circumstances found to exist," the brief declared.

"As to the obiective circumstances, the right of

the jury t determine them is, under our system -

of jurisprudence, bevond dispute. And equally

plainly, the degree of the danger arising out of the

facts... is a matter upon which the jury... has

the duty to pass."

The brief contended that the Constitutional

right of free speech extends to the advocacy of

violent overthrow of a government.

"Speech advocating, however clearly, the event-

ual necessity of resort to violent overthrow, is

entitled to full Constitutional protection," the

brief said. "The catalvtic role of the extremist

in all societies is attested by history. Evils may

be exposed. and a lethargic public shocked to

action, bv the very bitterness of the attack on a

societv which tolerates serious imperfections. And

even if no such imperfections exist, the advocacy ~

of violent overthrow may yet have therapeutic

value. ... :

"Tt is clear that, in the ahsence of a clear and.

nresent danger to substantial interests of the

State. speech of whatever character must be pro-

tected. and . ... the conviction of annellants for

consniracy to advocate violent overthrow is sub-

ect to the same strict scrutinv as anv other at-

temnpt to limit the area in which free speech may'

be exercised.' co ;

perma EE SSP ISSEY

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch ACLUN_test_batch ACLUN_testyear ACLUN_testyear.MODS ACLUN_testyear.bags ACLUN_testyear.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log ~MEMBERSHIP APPLICATION 2

American Civil Liberties Union of No. Callff.,

503 Market St.

San Francisco 5, Calif.

1. Please enroll me as a member at dueg of

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bership: Associate Member, $3; Annual Mem-

/ ber, $5; Business and Professional Member,

, $10; Family Membership, $25: Contributing

Member, $50; Patron, $100 and over. Mem-

bership includes subscription to the "American

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Page 4

American Civil Liberties Union-News

Published monthly at 503 Market St., San Francisco 5,

Calif., by the American Civil Liberties Union

of Northern California.

. Phone: EXbrook 2-3255

ERNEST BESIG. Editor

Entered as second-class matter, July 31, 1941, at the

Post Office at San Francisco, California,

under the Act of March 3, 1879

Subscription Rates-One Dollar a Year.

Ten Cents per Copy

-151a

`Forced Listening' to Radio

Broadcasts Opposed |

The American Civil Liberties Union last month

urged that a District of Columbia Public Utilities

Commission order permitting radio broadcasts

in eee ueton 8 buses and street cars be re-

scinded.

An ACLU brief filed with Federal District

Court in the nation's capital contended that such

broadcasts to "captive" audiences violate the free

speech and due process clauses of the First and

Fifth Amendments.

At the same time, the Union called on the

Federal Communications Commission to hold

hearings on an application brought before it by

Washington attorney Franklin Pollok to end the

practice of forced listening in public conveyances.

"The right to free speech, if it is to mean any-

thing, must include the right to listen, and to

_ listen to what one wishes to hear. Freedom of

choice is completely absent when audiences made

captive by a public supported monopoly are forced

to listen to what is broadcast," ACLU informed

Wayne Coy in asking for an "immediate hearing."

In the court action brought by Pollok and Guy

Martin, the ACLU brief, stated "There is no

question that the imposition of forced listening

is viciously repugnant to the spiritual and intel-

lectual assumptions of American life. It is the

recognized symbol of totalitarianism, exhibiting

the brute power of collective force at its most

dangerous incidence - on the mind."

; ACLU first opposed broadcast music, adver-

tising, and so-called public service announcements

to patrons of the Capitol Transit Comany at hear-

_ Ings before the PUC in late 1949. As a result of

these hearings, the firm had not been denied per-

mission to install radio receivers in its convey-

ances.

Recognizing that the case involves new and

wider applications of constitutional doctrines,

ACLU in its brief sets out to prove that "the

technology of constitutional law" should "keep

pace with other technologies." . :

"The Bill of Rights can keep up with anything

that an advertising man or an electronics engineer

can think of." the brief stated. "Tt is the real and

practical liberty of the twentieth century, and not

that of the eighteenth century, which the Consti-

tution protects in our time. The wisdom of the

eighteenth century inscribed its guarantees in

broad enough language to reach down to the

realities of our day; it remains to be seen whether

the wisdom of the twentieth century will be ade-

quate to read them in their largeness."

On that promise,

free. speech guarantees of the First Amendment

must include "the mental components of utter-

ance and of hearing" and that consequently com-

pulsive listening constitutes an abridgment of

that liberty. Riders on the capital's buses and

street cars, it pointed out, have neither freedom

to choose their radio programs nor freedom

not to listen at all. /

_ As for the due process violations. ACLU said,

the. broadcasts devrive persons of liberty to use

their conscious minds as they see'fit since they

are subjected to music and speaking without

choice. Moreover, the brief added, property is

claimed unlawfully in the form of the attention

of the riders, which is "forcibly taken by sound."

The brief deplored the fact that the Govern-

ment _has sanctioned forced listening by first

granting the Capitol Transit Company a virtual

`Monopoly of public transportation rights and then

by failing-through

ties Commission-to

broadcasts.

its agency, the Public Utili-

"stop the unconstitutional"

D. A. To Give Leaal Opinion on Berk. (c)

Sch. Bd's. New Civic Center Rules

At the request of the American Civil Liberties

Union, the Berkeley Board of Education last

month undertook to secure an opinion from the

District Attorney as to the constitutionality of

certain regulations newly adopted which are

aimed at excluding left-wing groups from the

use of civic centers.

The Union's letter pointed out that the regu-

lations rested upon a section of the law held un-

constitutional by the State Supreme Court and

that the convictions and affiliations of one who

requests the use of a school as a forum are no

concern of the school board.

ACLU contended that the -

AMERICAN CIVIL LIBERTIES UNION-NEWS

Three federal loyalty cases were successfully

disposed of by the American Civil Liberties Union

of Northern California last month, while two

new cases arose.

Two cases were won only after appeals. In the

first case, the Loyalty Review Board acted fav-

orably in the appeal of a Negro who was a mem-

ber of the Communist Party for a short time.

Despite such membership, the man knew prac-

tically nothing about Communism and was an in-

effective member. He is employed as a hospital

attendant at the U. S. Marine Hospital, San Fran-

cisco. Pending his appeal, the employee was sus-

pended from his job for 4% months.

In the second case, the Appeal Board of the

Navy Department reversed an unfavorable find-

ing in the case of a Negro packer in the Naval

Supply Center in Oakland. His name in some un-

explained fashion had allegedly gotten onto a list

found in the Communist. Party headquarters and

he received free copies of the "People's World"

during the F.E.P.C. campaign. Otherwise, the

charges were against his wife, who, because of

her interest in racial matters, had been exploited

by the Communists. The employee himself is in-

terested in baseball, horse racing and the prob-

lems of his race. He supported Byron Rumford

for the State Assembly when that legislator was

`opposed by the Communists. In the N.A.A.C.P.

he had the reputation of voting against the Com-

munists. -

The third favorable decision was handed down

by the Regional Loyalty Board of the Civil Serv-

ice Commission. It involved a man who during

the war had been assigned to Russian Lend-

Lease duties. by the Army. He had studied Rus-

sian and joined the American Russian Institute

in order to secure information about Russia.

Moreover, he was at one time a member of the

Washington Book Shop Association and has a

x

Union Scores Three More Victories In Federal

Loyalty Cases; Two New Cases Arise

brother who is reputed to be a Communist. -

On June 26, a hearing was conducted at the

U. S Naval Station, Treasure Island, in the case -

of a Negro who is a heavy laborer. The Navy

claimed it had information showing that the em-

ployee's name appeared '"`on the roster of the Na-

tional Negro Congress" and that in February

1945 his name appeared on a list of names main-

tained at Communist Party headquarters, San

Francisco. It was also charged that the employee

in 1947 had received through the U. S. mails an

invitation to attend a `People's Picnic,' which

was under the sponsorship of the Communist

Party. Finally, it was charged that he had an as-

sociation with one D. R., "a suspected Commun-

ist."

The employee claimed he had entirely no asso-

ciation with either the National Negro Congress

or the Communist Party although he did receive _

an invitation to a "People's Picnic" in 1947.'How-

ever, he did not attend the picnic. The "sus-

pected" Communist appeared as a witness in his

behalf. He was a 78 year old man who had been

`active in the N.A.A.C.P. He had served on the

organization's "Victory Housing Committee"

with certain persons now alleged to be Commun-

ists and it was charged that. the Committee had

actually been inspired by the Communist Party. It

was also claimed that the ``suspect"' had allowed

his name to be used on a committee welcoming and

sponsoring James W. Ford when he came to San

Francisco in 1944. The "suspect" denied that he

had allowed the use of his name and claimed this

was the first he had known about it.

The latest case to come to the Union's atten-

tion involves an employee of Ames Aeronautical

Laboratory who, in substance, is charged with

association with Communists and with subscrib-

ing to the "Daily Worker?' The hearing will very

likely take place the latter part of July. :

"The Nation' Again Banned

From Hich School Libraries

Continuation of the ban on "The Nation" in the

New York City high school libraries for the third

_ successive year was announced last month by Dr.

William Jansen, Superintendent of Schools. In a

letter to R. Lawrence Siegel, counsel to "The Na-

tion" and the ACLU's Committe on Academic

Freedom, Dr. Jansen indicated that the Board's

action "was based upon the (magazine's) un-

changed policy of attacking and ridiculing religi-

`ous beliefs" and "repeated advertisements of cer-

tain types."

Charging distortion in specifiic excerpts from

the publication cited by Jansen as reasons for con-

tinuing the two-year ban, Miss Freda Kirchwey,

editor and publisher, said that every auotation

was taken out of context. "The onlv inference

that one can draw is that the quotations out of

context were made necessary bv the feebleness of

their case. It is unworthy of the Board of Su-

perintendents." she said. Miss Kirchwey also

pointed out that that the magazine ban on these

new charges had been made without gvivine the

nublication a hearing or a chance to answer

them.

"The Nation" was banned for the school year

1948-9 after publishing a series of articles bv

Paul Blanchard critical of Roman Catholic doc-

trine and dogma. The ban was continued last

vear on the basis of the magazine's publishing al-

legedlv anti-relivious advertisements.

Andrew Clausen, Jr., chairman of the NYC

Board of Education Committee of Instructional

_ Affairs, has indicated that the committee has al-

ready approved the new list of publications ex-

cluding "The Nation" for the coming year.

Chicaao ACLU Protests

Telephone Ban Before Hearina

A protest against an Illinois Commerce Com-

mission order that the state Bell Telephone Co.

may discontinue service to "bookies" or other

subscribers who intend to use phones for illegal

purposes has been filed by ACLU's Chicago Di-

vision in Illinois. The ruling provides for a hear-

ing before the Commission which would decide

whether the telephone service should be re-in-

stated. The ACLU affiliate has petitioned for a

change in this section so that the hearing would

be held before the telephone service is cut off.

The petition says the change would by due pro-

cess protect the subscriber against the possibility

of "arbitrary and capricious action' by the tele-,

phone company, and against being victimized by

"business competitors or others with ulterior

motives or irresponsible people upon whose infor-

mation or advice the telephone company might

unjustly suspend service." :

COURT ACTION LIKELY IN U.C. OATH

CONTROVERSY AFTER JULY 21 MEETING |

The (Jniversity of California loyalty oath con-

troversy is approaching the court stage. On June

23, 157 lower-ranking academic and non-academic _

employees who had not applied for a hearing after _

failing to sign a contract with an anti-Communist

clause were dismissed as of June 30, on the recom-

mendation of Pres. Sproul.

The list of names was not revealed, but it is

believed that most of these people had not sought

reemployment. They were not covered by tenure.

The show-down will very likely come at the next

meeting of the Regents on July 21. At that time,

the Regents will act on a recommendation to re-

appoint 62 persons in the professorial class, who

received hearings after declining to sign the dis-

puted contract. The Regents. will also consider

Pres. Sproul's recommendation against appoint-

ing six teaching assistants who refused to answer

any questions aimed at revealing their political

opinions. |

Since the "non-signers" had refused to take a

non-Communist oath, or to sign a contract con-

taining an anti-Communist clause, it was assumed

that the hearings would not raise "the $64. ques-

tion," or seek to secure political information by

indirection. At Berkeley, however, the hearing

- panels in most cases did just that.

Some clue as to the confusion and bad faith

existing on the Board of Regents is disclosed by

the statement of one regent that the Regents had

merely promised non-signers a hearing, and hav-

ing received their hearing, that was as far as the

obligation of the Regents went. To that Regent,

a hearing is apparently nothing more than a

gesture.

Pretest Disclosure of Security.

Information bw John Francis Nevian

The American Civil Liberties Union last month

protested to the Atomic Energy Commission -

against the disclosure of information secured by

John Francis Neylan in his canacity as Chair-

man of a Commission Security Panel. At a meet-

ing of the Board of Regents of the University of

California, Mr. Nevlan revealed that a Commis-

sion panel on which he served in 1948 had ruled -

that Carl Robert Hurley was "unfit" to be an

employee of the Commission on the Berkeley

campus.

"Tt seems clear to us," said the Union, "that

Mr. Neylan has violated the rules of fair proced-

ure by revealing for his own purposes confiden-

tial information secured by him as Chairman of

a, Commission Security Panel." In view of the

Government's policy of keeping loyalty and se-

curity proceedings absolutely secret, the Union

asked the Commission what action, if any, it pro-_

poses to take in the matter. Thus far, no response

has been received from the Commission.

t