vol. 16, no. 3

and

American

Civil Liberties

Union-News

"Eternal vigilance is the price of liberty." :

=

ne

EGISLATIVE NUMBER ==

Free Press (c)

Free Speech _

VOLUME XVI

No. 3

SAN FRANCISCO, CALIFORNIA, MARCH, 1951

ACLU Reports Opposition to

Universal Military Training

The American Civil Liberties Union announced -

last month that while recognizing the need for

selective service during the present emergency it

is still opposed to universal military training.

At the same time, the ACLU Board of Directors

called for greater consideration of conscientious

objectors and urgently recommended complete

eae of racial discrimination in the armed

orces.

"The grim facts of our troubled times have

compelled the Civil Liberties Union to recognize

- the imperative claims imposed upon us all by the

necessity to maintain our national security," the

organization declared in a statement sent to the

Senate Armed Services Committee. "In time of

war or under imminent threat of war, it has

seemed generally evident to our citizens that the

fairest and most efficient way to provide military

forces is by means of conscription and the assign-

ment of men through selective service."

_ Although it always has considered "conscrip-

tion of individual lives . . . a complete denial of

what ought to be a basic civil liberty," ACLU did

not oppose the 1940 draft law. It felt in 1945 and

again in 1947, however, that the need for com-

pulsory military training did not "override the

grave objections to conscription in the name of

liberty."

"Although we now face a very different set of |

facts and problems than in 1945 and 1947," the

statement said, "although peril to national se-

curity is great and imminent, and although clearly

it lies beyond the competence of the ACLU in the

name of freedom now to oppose measures for

selective service which in earlier emergencies it

has accepted, it does have a right to ask three

things: :

"1. In the current emergency which may re-

quire conscription, the present Selective Service

Law should be revised to. give more generous pro-

tection to the rights of conscience. The sincerity

of conscientious objection should not be judged

by the test of a religious formula so narrow as to

exclude ethical or humanistic beliefs. A way

should be found as in Great Britain during the

Second World War to permit sincere objectors to

render useful service to society rather than to

confine them in jails.

_ "2. Everything possible should be done to make

it clear that conscription is an emergency mea-

sure. We believe that an extended Selective Serv-

ice law should not be accompanied by a universal

military training law. The latter, in the light of

history, would seem far more likely to create

a spirit of militarism hostile to democratic liber-

ties, to prepare the way psychologically for total-

itarian practices, and to become accepted as a

regular feature of education, even in times of

peace. Selective Service is obviously intended for

a particular emergency, even if it should be made

very comprehensive.

_ "3. Everything possible should be done by Con-

gress to eliminate the remaining racial discrimina-

tion in the armed forces."

Memphis Censor Bans

Charlie Chaplin's "City Lights"

Memphis, Tennessee, has banned the 20-year-

old Charles Chaplin movie, "City Lights', because

its 82-year-old city censor thinks Chaplin is an

enemy of "godliness in all its forms.'' The picture

was first shown in Memphis in the early '30's.

"There's nothing wrong with the picture," censor

Lloyd T. Binford said, "but because of Chaplin's

character and reputation, we don't think the pic-

ture should be shown again."

Survey Of Repressive Measures

Introduced In The California Legislature

Sweeping "loyalty" oath bills and Communist

registration measures stand out in a rash of sup-

pressive proposals that confront the second half

of the 1951 session of the California Legislature

when it reconvenes on March 12.-It is a program

that will be hard to beat in the present temper

of the times.

Two years ago the Tenney loyalty oath pro-

gram was soundly defeated because of the

senator's reckless charges of Communism against

reputable persons. Today, the situation has

changed. 7

What produced the change was the shooting

war against Communism in Korea. And, the

Levering Act, adopted at last fall's special session,

Many Thanks!

We want to thank the 25 or 30 members

who last month helped in the mailing of 9500 (c)

copies of "Crisis at the University of Califor-

nia, II." The project ended with an enthusi-

astic envelope-stuffing party at the home of

Mrs. Philip Adams, who recruited the group.

In all, 20,500 copies of "Crisis, II" have

been distributed by the Northern California

branch. The Southern California branch

mailed another 5,500 copies of the statement,

and still another 10,000 copies will be distrib-

uted by the Union's national office.

The union is also grateful to its members

who have volunteered on the afternoon of

the last day of every month to help in mail-

ing the monthly NEWS. The Union would

welcome additional volunteers.

After Two Years, Mrs. Knauff

Temperarily Peroled

While German war-bride Ellen Knauff facing

deportation as a `poor security risk' was tem-

porarily paroled in her husband's custody, a

searching examination of the secret Justice De-

partment file disclosed nothing but a "lot of

gossip and nonsense" that could in no way justify

the government's action in barring her from the

U.S., Rep. Francis E. Walter (D.-Pa.) declared

last month. He said that he would seek to reopen

the whole case on the basis of his own findings,

and the disclosure of the N.Y. Post that former

Czech General Mikulas Ferjencik, reportedly a

key source in the charges against Mrs. Knauff, is

now safe in this country and eager to-testify in

her behalf. f

Last month the attorney-general offered to do

"everything in his power to pursue certain leads''

suggested to him by Kurt W. Knauff, husband of

Ellen Knauff. Knauff, a civilian employee of the

American Army in Germany on a six week leave

of absence in this. country, conferred with the at-

_torney general in an effort to save her from de-

portation. - f

Mrs. Knauff has been at Ellis Island for more

than two.years on a Justice Department order for

her deportation as a "hazard to internal security".

On Oct. 2, the ACLU called once more on the at-

torney general to grant her a hearing on the basis

of the New York Post report that her accuser was

safe in the U.S. Mrs. Knauff has carried on a

two-year fight' to enter the country, but at no-

time has she been granted a hearing by the Justice

Department at which she could hear charges

against her, confront her accuser or offer evi-

dence on her behalf. The case is now pending be-

fore the Supreme Court on the issue as to whether

she can be deported while a bill against her de-

portation is pending in Congress.

has paved the way for conformity oaths and

witch hunts that find little opposition among

the legislators.

After the session is over, if Sen. Burns has his

way, the Senate Fact Finding Committee on Un-

American Activities will be transformed into a

Joint Committee on Un-American Activities, with

five members from the Senate and five from the

Assembly, to carry on the witch hunt (S.C.R. 19).

If all of the conformity oaths are adopted, a

substantial portion of the adult population of the

State will be covered. Under the existing Lever-

ing Act, civil defense workers, including all pub-

lic employees, are required to sign an oath. Under

identical proposed constitutional amendments

A.C.A. 9, sponsored by 68 of the Assembly's 80

members, led by Mr. Levering, and S.C.A. 1, in-

troduced by Sen. Tenney, the Levering Act oath

would be substituted for the present constitution-

al oath and would be applicable to all public

- employees, including those at the University of

California. :

Hundreds of thousands of persons would be -

covered by oath bills affecting lawyers (S.B.

1666) and persons whose business or profession

requires a license from the Department of Pro-

fessional and Vocational Standards. (S.B. 1665). -

Both bills were introduced by members of the

Burns Committee, and Sen. Tenney. In both cases,

the oath is the same as that required under the (c)

Levering Act, including a declaration that during

_ the five years immediately preceding the taking

of the oath the affiant has not been a member of

a group advocating the violent overthrow of the (c)

`government, except any which he lists. The oath (c)

also requires a declaration that the person is not -

presently a member of such a group and won't |

join in the future. The sponsors of the measure

apparently hope to entrap alleged Communist

lawyers. Considerable opposition to the bill has

already developed in the legal profession.

The bill affecting those holding licenses or per-

mits is a fantastic proposal. It applies to 34

agencies and an estimated 400,000 persons.

Subject to the Levering Act oath, described above,

would be such persons as doctors, dentists, veter-

inarians, chiropractors, chiropodists, barbers,

morticians, dry cleaners, architects, pest control

inspectors, etc. Unless the -affidavit required by

the law is filed within 90 days of passage of the

law, the person will lose his license or permit.

Candidates for public office, under S.B. 321,

introduced by Sen. Tenney, would be required to

swear they were not members of the Communist

Party. This Tenney measure seeks to accomplish

indirectly. something that was held to be uncon-

stitutional when done directly. Some years ago

Sen. Tenney sought to bar the Communist Party

from the ballot. The California Supreme Court.

said it couldn't be done. Of course, the same pur-

pose is accomplished by requiring candidates to

swear they are not Communists. .

This may be an appropriate place to mention

that opponents of conformity oaths are sponsor-

ing four bills in their campaign to "repea " the

Levering Act. A.B. 1950 is an outright repeal

measure. A.B. 2608 and 2609 are skeleton bills

which presently provide that teachers and other

public employees shall not be dismissed, nor the

license or permit of any person be revoked, ex-

cept for cause. A.B. 2610 would substitute the

present constitutional oath for any oath required

of public employees.

At the same time, it is interesting to note that

three supporters of the Levering Act, Senators

Collier, Hatfield and Hulse, have introduced S.B.

60, which would exempt from requirements of the

(Continued on Page 2, Col. 1)

Page 2

AMERICAN CIVIL LIBERTIES UNION-NEWS

seinen eee

urvey of

(Continued from Page 1, Col. 3)

Levering Act "any employee of an irrigation dis-

trict who is employed on an intermittent or irre-

gular time basis for the purpose of performing

unskilled labor." Assemblyman Stewart, under

A.B. 1244, would repeal the following oath re-

quired of State employees, which was not re-

pealed when the Levering Act was adopted last

fall: "I do solemnly swear (or affirm as the case

ne

may be), that I will support the Constitution of.

the United States and the Constitution of the

State of California, and that I will faithfully dis-

charge the duties of the office of... ac-

cording to the best of my abilities." That is the

Constitutional oath presently required of mem-

bers of the Legislature and public officers. -

Sen. Tenney and his counterpart in the Assem-

bly, Charles E. Chapel, a newcomer, appear to be

very concerned over persons changing their

names. If either S.B. 97 or A.B. 57 are adopted,

the legal procedure would be changed not only to

require fingerprinting, but would allow the court

to "order an investigation of the applicant to

ascertain his prior affiliations, . . . and other

matters necessary and proper for a full deter-

mination of petitioner's loyalty to the United

States."" Of course, a person can change his name

without going through any court proceeding, so

long as he does not seek to defraud creditors. If

tomorrow a person wants to be John Doe all he

has to do is to discard the old name and adopt the

new one.

_As usual, Sen. Tenney is making teachers a

special target of his hysterical witch hunt. S.B.

473 would have the Legislature find and declare

"that there is a common report that members of

subversive groups, and particularly of the commu-

nist party ... have infiltrated into public em-

ployment in the public schools of the State. .

The Legislature finds that members of such

groups frequently use their office or position to

advocate and teach subversive doctrines... . The

Legislature finds that such dissemination of pro-

paganda may be. and frequently is sufficiently

subtle to escape detection in the classroom .. .

The Legislature deplores the failure heretofore

to prevent such infiltration (of members of sub-

versive groups, such as the communist party)

which threatens dangerously to become a com-

monplace in our schools." The Department of

Education would, therefore, be admonished and

directed to report annually on this subject to the

State Legislature.

What else does Sen. Tenney propose to do

about his non-existent "common reports?" First

of all, a teacher would be dismissed if' he com-

mits acts of criminal syndicalism. That is already

in the law in different language. Second, em-

ployees of the public schools may be dismissed:

"for the utterance of any treasonable or seditious

word or words or the doing of any treasonable

or seditious act or acts while holding such posi-

tion." Treasonable and seditious words. are not

defined. Third, "The Department of Education

shall, after inquiry, and after such notice and

hearing as may be appropriate, make a listing of

- organizations which it finds to be subversive in

that: they advocate, teach or embrace the doc-

`trine that the government of the United States"

shall be overthrown by force and violence. `The

department, in making such inquiry, may utilize

any similar listings or designations promulgated

by any federal agency or authority authorized by

federal law, regulation or executive order... The

Department of Education shall provide in the

rules and regulation . . . that membership in any

such organization included in such listing made

_ by it shall constitute prima facie evidence of dis-

qualification for appointment to or retention in

any office or position in the public schools of the

State." A person dismissed or declared ineligible

could appeal the order to the courts.

Assemblyman Chapel and nine others have in-

_ troduced a similar measure, A.B. 2616. The only

difference is that they have omitted the legisla-

tive findings, and have delegated enforcement of

the law to the Department of Justice instead of

the Department of Education. -

. Not content with the foregoing attack upon

our public schools, Sen. Tenney has introduced

S.B. 319, which provides for the dismissal of

teachers who "advocate or teach communism

with the intent to indoctrinate any pupil with, or

inculeate a preference in the mind of any pupil

for communism." Of course, teachers should not

attempt to indoctrinate on any subject. The

trouble with legislation of this kind is that it

puts the teacher of politics, economics, history

and social studies on notice that if he says any-

thing about communism he does it at his peril.

In this connection, it is interesting to note the .

recent statement of State: Senator H. Frank

Repressive

Taylor of Tenn., that the discussion of Commun-

ism in college classrooms "ought to be stopped be-

cause it's just like putting poison in the hands

of children."

Registration of Communists and Communist

organizations is also receiving considerable at-

tention in the State Legislature. Five bills have

been introduced on this subject. The Burns Com-

mittee, together with Sen. Tenney, is the author

of S.B. 1667. It provides that "Within 30 days

after the effective date of this act, every person

who resides in, is employed in, has a regular place

of business in, or who regularly enters or travels

through any part of this State, and who is a

member of any communist organization, shall

register by acknowledging under oath and filing

with the Attorney General a registration state-

ment containing" the names and aliases of the

registrant, his residence, information as to his

place of work, and the name of all communist

organizations of which he is a member. Failure to

register constitutes a felony. "Any information

obtained through such registration," says the

proposal, "may not be used by any public offi-

cial in relation to prosecutions for violation of

any other state statute as such use would be

against the public interest." Virtually the same

bill, A.B. 1573, has been introduced in the Assem-

bly by Assemblyman Beck and six others.

' Sen. Tenney has introduced S.B. 98 which

creates a seven man `"Anti-Communist Civil De-

fense Commission." "It shall be the duty of the

commission," says the bill, "to ascertain whether

any organization is a communist organization or a

communist-front organization and whether any

member of a communist organization or commu-

nist-front organization knowingly acts to bring

about the establishment of a communist dictator-

ship pursuant to the world communism move-

ment ... and to require registration by such

organizations and persons at such time and place

and on such forms as the commission may de-

termine. In performing this duty, the commission

may enlist the services of the Attorney General

and the law enforcement agencies throughout

the State." If the Commission finds an organiza-

tion or person should register, it sets a hearing

to allow refutation of the charges. There is no

duty on the Commission to establish its charges.

If the Commission orders an organization or per-

son to register, a Superior Court review of the.

order may be sought in the county wherein the

hearing was held. Failure to register constitutes

a misdemeanor, and each day of refusal or fail-

ure to register constitutes a separate offense.

Senators Regan and Harold T. Johnson have

introduced a bill, S.B. 438, almost the same as

Senator Tenney's. The commission would be called

the "Anticommunist Civil Liberties Defense Com-

mission,'"' and would be composed of 12 instead of

7 members. Other important differences are that

court review of the Commission's order could

be filed in the county where the person resides,

and the Commission would provide counsel at all

stages of the proceeding, "if requested . . . from

lawyers. hired for that purpose by the commis-

sion.". Failure to register `would constitute a fel-

ony instead of a misdemeanor, punishable by five

years imprisonment or $5000 fine or both. A

companion measure, A.B. 2366, introduced in the

Assembly by Stanford C. Shaw of Ontario, differs

only in calling the Commission the "Anti-Totali-

tarian Civil Liberties Defense Commission." In

both bills `"Member" is defined as "any person

-who is recognized by an organization as such, or

-who is formerly associated or affiliated with, any

organization, or who accepts the policies, prin-

ciples and program of an organization and is

active in its behalf."

The Communist witch hunt would also be

carried on by private employers, if Sen. Tenney's

S.B. 55 is adopted. It amends the Labor Code by

providing that "Nothing in this chapter shall pre-

vent an employer from adopting policies against

employing persons, or from discharging em-

ployees, because of their membership in or affil-

iation with the Communist Party or any organi-

zation that has as one of its precepts, or advo-

cates, the overthrow of the Government of this

State or of the United States by force or by ille-

gal or unconstitutional means." Apparently, an

employer would be given free reign in determin-

ing who was a Communist.

The same result would be achieved by Assem-

blyman H. Allen Smith of Glendale and six col-

leagues who have introduced A.B. 269. Their

method is to amend the Labor Code by saying

that the guarantee of freedom of political acti-

vity for employees does not include "activities or

affiliations with the Communist Party; activi--

ties involving disloyalty to the United States Gov-

ernment;"' etc. : :

~ one.

euroas "Ss

Another anti-Communist bill amends the Civic

Center Act under which the Legislature has estab- -

lished free speech centers at schoolhouses. Back

in 1946, the California Supreme Court, in a 5-2

decision, held that certain Tenney amendments

_to the law, prohibiting use of schools as meeting

places by persons or groups advocating the vio-

lent overthrow of the government or by `"`sub-

versive elements" were in violation of the free

speech guarantees of the Federal. Constitution.

Said the court, "The convictions or affiliations

of one who requests the use of a school as a

forum is of no more concern to the school ad-

ministrator than to a superintendent of parks or

streets if the forum is the green or the market

place. . . . It is true that the state need not open

the doors of a school building as a forum and

may at any time choose to close them. Once it

opens the doors, however, it cannot demand tick-

ets of admission in the form of convictions and

affiliations that it deems acceptable." Tg

A.B. 30, introduced by Assemblyman Frank

Luckel and, 29 colleagues, amends the Civic Center (c)

Act by providing that "Any use, by any indivi-

dual, society, group, or organization for the ad- -

vocacy of, or the commission of any act intended

to further any program or movement the pur-

pose of which is to accomplish the overthrow of

the Government of the United States or of the

State by force, violence, or other unlawful means

shall not be permitted or suffered." In other

words, if a school board decided that a meeting

would further an organization's program violently

to overthrow the government, it could be barred

from a school building. Moreover, the proposal

makes it a misdemeanor for an individual or or-

ganization "which advocates, or commits any act

intended to further any program or movement

the purpose of which is to accomplish" the violent

overthrow of the government `while using school

property."

One other bill that is undoubtedly aimed prin-

cipally at the Communists, is S.B. 180, intro-

duced by Sen. Dilworth, although it would affect

many other organizations. It provides that "The

governing board of any school district may re-

quest any organization which admits pupils at-

tending the public school system to membership -

to file with the governing board the name of the

organization." It would seem obvious that a school

board has no jurisdiction over organizations that

do not operate within the public schools. Under -

this proposal school boards could require the

YMCA, Boy Scouts, Church groups, etc., to furn-

ish them with the information called for under

the bill. Of course, as a practical matter such in-

formation would very likely be requested only

from left-wing groups. : :

Of the-remaining seven anti-civil liberties bills,

three affect school children. The first of these

A.B. 3173, introduced by G. Delbert Morris of Los

Angeles, would require two years of military

training in order to graduate from high school or -

junior college. No provision is made in the mea-

` sure for the exemption from ROTC of those who

have religious or conscientious scruples against

the bearing of arms.

The second bill brings up the controversial

subject of public transportation of parochial

school students. A few years ago, the U.S. Sup-

reme Court upheld such transportation by a 5 to

4 vote as not being a violation of the Constitu-

tional guarantee of separation of Church and

State. Heretofore, Cailfornia school boards have

been permitted to make transportation available (c)

to parochial school pupils. A.B. 1026, ky Augustus

Hawkins, would require such transportation to

be made available. :

The third bill is also a highly controversial

A.B. 2088, introduced by Assemblymen

Morris, Hahn and Levering, requires five minutes

daily reading from the Bible without comment in

all public schools. The selections to be read would

be recommended by a Committee composed of one

Jew, one protestant and one Catholic. A pupil

could be excused only upon the written applica-

tion of his parents or guardian.

The remaining four suppressive bills are a

miscellaneous assortment. The first of them,

A.B. 10, by Mr. Collier, would abridge the right

of petition of recipients of aid under the Welfare

and Institutions Code. It would make it a mis-

demeanor to solicit any contributions from a

recipient of aid to be used to influence the pas-

sage or defeat of legislation. A second or sub-

sequent offense would be a felony, and each

act would be a separate offense. Such solicita-

tion by one receiving aid would be legal. The

proposal is obviously aimed at the George Mc-

Lain pension group. If any problem does exist,

this is certainly not the way to meet it.

The second bill, A.B. 961, by Mr. Chapel, would

(Continued on Page 4, Col. 2)

AMERICAN CIVIL SEE Oy SS

Page 3

Test Suit Against Vigilantes

Reaches U. S. Supreme Court

A vital issue in the field of civil liberties-can

you sue a private person who deprives you of

your federal civil rights-is now awaiting a ruling

by the U.S. Supreme Court. :

The case involved is unique because it deals

with a charge against individuals, rather than

government or government officials. It stems

from a complaint by officers of a Glendale, Calif.

club of the Democratic Party. These officers-

Hugh Hardyman, Mrs. Emerson Morse, Mrs.

Tosca Cummings, and Mrs. Mable Price-claim

that a regular meeting in 1947 of their club was

forcibly broken up by five American Legion

members who opposed their stand on the Marshall

Plan. A discussion of the plan had been scheduled

for the meeting, with the idea of sending a resolu-

tion to the President and Congress.

Because of threats and assaults, however, the

club officers say they were unable to carry

through the discussion. Specifically, they charge

five individuals-Orville Collins, H. D. Burk-

heimer, Stanley Lord, James E. Doggett, and

Ralph Baker-with breaking up the meeting and

depriving them of their civil rights. They ask

damages from the five. The five men were con-

victed for attempting to break up a meeting and

were fined.

_ Basis for the suit is a law passed by Congress

in 1871. In part it says that if "two or more per-

sons in any state... conspire... for the purpose

of depriving . . _ any person . of equal privileges

and immunities under the laws;? ;" and if the per-

sons involved do or cause to be done any act

"whereby another is . . . deprived of having and

exercising any right or privilege of a citizen;"

then the persons so deprived "may have an action

for the recovery of damages."

_ In the first hearing of the case, a federal dis-

trict court ruled against the club leaders. It held

that the 1871 law applied only to interference with

federal rights by state authorities-not private

individuals. A circuit court of appeals, however,

reversed this ruling and found that the law ap-

plied to an attack by any person, regardless of

whether he was a state authority. Further, it said

"the right to assemble for the purpose of discuss-

ing the policies of the federal government and.

petitioning that government for redress of

grievance are within that narrow area of rights

which Congress has constitutional power to pro-

tect from individual invasions." The case was

then appealed to the Supreme Court.

What it will have to decide is this: Was the

court of appeals right in holding that the 1871

law applied to private persons? Does it allow you

to sue your neighbor if he conspires to keep you

from assembling to talk over national affairs or

to petition officials?

The case was begun by the ACLU's Southern

California branch and assistance was given by the

" national ACLU.

N. Y. Released-Time Program.

Upheld In 3-2 Decision

New York City's released-time program for reli-

gious training was recently upheld in a 3-2 deci-

sion by the Appellate Division of the New York

Supreme Court. Affirming a ruling by. Supreme

Court Justice Anthony J. DiGiovanna in Brook-

lyn, the majority opinion of the court held that

the Education Law section dealing with the

matter "is in no way unconstitutional."

The New York released-time program allows

public school children to be excused from regular

classes to receive religious training. Students are

granted the time-usually one hour a week-at

the request of their parents. All instruction takes

place outside the school.

The minority opinion of Justices Frank F. Adel

and Henry G. Wenzel, Jr. held that the program

was in "violation of `the Constitutional require-

ment for separation of church and state.. ." and

is "void in that it is integrated with the state's

compulsory education system which assists the

program of religious instruction caried on by

separate religious sects."

`Two affiliates of the ACLU earlier filed a brief,

prepared by ACLU attorney R. Lawrence Siegel,

holding that New York City's program of released

time for religious instruction is unconstitutional

and "is a clear invasion of the constitutional prin-

ciple which provides for keeping church and state

separate."

Justice DiGiovanna, in the original decision,

had stressed that separation of church and state

did not mean "freedom from religion" and said

that barring of the program would be a "step in

the direction of .. . totalitarian and Communistic

philosophies . . . wherein atheism and suppression

of all religions are preferred to freedom of the

D ecent

rth of Pro Civil Eiberties Bills At

Current Session of California Legislature

Very few bills in aid of civil liberties have been

introduced at the current session of the California

Legislature and most of these are in the racial

field. Even in that area the number of proposals

has diminshed to half as many as were intro-

duced at the 1949 session of the Legislature.

The reason may be found in the fact that the

Legislature is more conservative than ever, or

maybe the few remaining liberals have become

disheartened. Even at best, pro civil liberties bills

have tough sledding. An occasional bill gets by

the Assembly only to founder in the Senate. Now

and then a watered down piece of legislation is

actually adopted and signed ky the Governor.

This time there are two Fair Employment

Practice proposals,-one in the Senate, S.B. 1477,

introduced by George Miller, and A.B. 2251, in-

troduced in the ony by Byron Rumford and

nine colleagues.

More likely of adoption is a mild substitute for

-an F.E.P. act, sponsored by Gov. Earl Warren in

a bid for Negro votes, that has been kicking

around the Legislature ever since the 1947 ses-

sion. In 1949 it managed to get by the Assembly,

only to be defeated in the Senate. Again intro-

duced by Assemblyman Maloney of San Fran-

cisco, A.B. 1902 creates a State Commission on

Political and Economic Equality. It appropriates

$50,000 to conduct studies, hold hearings and con-

ferences, and to examine the enforcement of exist-

ing laws in the racial field, as well as to develop

a program of education. Obviously there is no-

thing revolutionary in this program, but the

State Senate still seems an almost insurmountable

obstacle to the adoption of even this mild sub-

stitute for a Fair Employment Practice Act.

A Commission with broader investigative

powers would be established by Senators Regan

and Johnson. They have introduced S.B. 437 to

create a body of 16 members, receiving $25 a day

while attending meetings, to "study the need for

any legislation to protect civil rights and provide

for the strengthening of the internal security of

the State," and to report to the Legislature prior

to March 1, 1953. The Commission would consider

the establishment of a "law enforcement agency

comparable to the federal civil rights section of |

the Department of Justice; Establishment of a

permanent commission on civil rights; The in- -

crease of professionalization of state and local

police forces; The creation of a joint standing

legislative committee on civil rights; Legislation

designed to strengthen the right to citizenship and

its privileges; Legislation requiring registration

of communist organizations; and, Legislation re-

quiring registration of agents of all ules total-

itarian organizations."

Two years ago the Assembly adopted eels.

tion prohibitng racial discrimination in the sale of

Bill of Rights Day Program

Now on Records

The American Civil Liberties Union announced

last month the availability on long-playing rec-

ords of its NBC Bill of Rights Day radio program,

"Friday Is A Great Day", starring Melvyn Doug-

las, Burgess Meredith, Anita Louise and other

Broadway and Hollywood personalities. The

program, originally heard on December 13, 1950,

was a major project in the Union's celebration

of the 159th anniversary of the final adoption of

the Bill of Rights.

The documentary program dramatized the

differences between Communist totalitarianism

and the freedoms enjoyed under our Bill of Rights.

Stress was placed on cases involving Violations

of the Bill of Rights and the necessity to prevent

their spread so as to keep democracy's record

untarnished in the present struggle against Com-

munist tyranny. Among the situations treated

are the McCarran Act, the Univ. of California

teacher-loyalty oath academic freedom contro-

versy, the procedures of the federal loyalty pro-

gram, and the progress being recorded in the

fight for elimination of racial discrimination.

The 33 rpm records are available at $4.00 each.

Requests should be directed to the ACLU, 503

Market St., San Francisco.

individual to seek religious instruction and wor-

ship."

ACLU Executive Director Patrick Murphy Ma-

lin said, in pointing to the dissents of Justices

Adel and Wenzel which differed with Justice Di-

Giovanna's view, "the minority opinion, as rep-

resented in the 3-2 decision, gives hope of ultimate

victory for the ACLU position when the case

reaches the higher New York courts."

automobile insurance covering liability for bodily

injury and property damage, but it was defeated

in the Senate. Most colored people can buy such

insurance, which is virtually compulsory under

the financial responsibility law that went into ef-

fect in July, 1948, only under the assigned risk

plan at 15% higher premium than the ordinary

motorist pays. A.B. 25 by Augustus Hawkins and

twelve colleagues prohibits such discrimination.

An insurer or his agent who discriminates would

be liable in damages in the amount of $100, plus

reasonable attorney fees as well as the additional

premium which the insured was forced to pay

under the assigned risk plan.

The practice of many private business schools in

refusing to allow the registration of. colored

students would be corrected by an amendment to

the Civil Code which provides that `No person

shall be refused enrollment in a public or private

business, vocational, or professional school be-

cause of his race." (A.B. 1756 by Rumford and

Hawkins).

A.B. 3284, introduced by Assembyman Condon,

would prohibit racial segregation in the State' S

prisons. Violation of the law would constitute a

misdemeanor.

Under A.B. 3065 (Elliott), the language of the

Civil Rights Act, prohibiting racial discrimina-

tion in places of public amusement and accom-

modation, would be extended to every creed and

national origin. Also, anyone who was twice con-

victed for refusing a person admission to a place

of public amusement would be "`subject" to the

revocation of his license.

Although California's law prohibiting misce-

genous marriages was declared invalid by the

State Supreme Court, Oct. 1, 1948, it still clutters

up the statute books. A.B. 3287 (Condon) would

repeal the law.

Finally, if a bill by Assemblyman George Col-

lins (A.B. 2611) is adopted, it would enable a

citizen `who made a compromise settlement" or

who lost his property before a particular section

of the Alien Land Law was declared unconstitu-

tional, to be compensated. -

In the field of due process of law, two bills

have been introduced to amend the law regarding

the rights of an arrested person. Under A.B. 622,

introduced by Assemblyman Kilpatrick and five

colleagues, a defendant would have to be taken

before a magistrate within 24 hours after his

arrest, excluding Sundays and holidays, instead

of the 48 hours presently allowed. Also, under

present law, if the arresting officer "wilfully de-

lays" taking a prisioner before a magistrate he is

guilty of a misdemeanor. Under Mr. Kilpatrick's

proposal, mere failure to act within the statutory

time would be punishable.

Speaker Sam L. Collins would go still further.

His proposal, A.B. 3119, would require a prisoner

to be taken before a magistrate `forthwith if one

is available, and in any event, within not more

than 18 hours after his arrest. The prisoner would

also be permitted to communicate with friends as

well as relatives, and an attorney would be per-

mitted to visit ``at the request of the prisoner or

any relative or friend." Violation by an officer of

any provisions of the law would result in forfei-

ture of his office and ineligibility in the future to

hold any public office.

Another bill aimed at the protection of prison-

ers is A. B. 623 introduced by six Assemplymen,

headed by Mr. Kilpatrick. It provides that "Every

officer who, having the opportunity to prevent

such action, permits any person to assault, beat,

or commit any inhumane or immoral act upon the

person of any person under his care or in his

custody, is punishable by fine not exceeding one

thousand dollars ($1,000), and imprisonment in

the county jail not exceeding one year."

The final bill in the due process area is A. B.

3120, introduced by Speaker Sam L. Collins. It

would adopt the Federal rule of practice and for-

bid the introduction of evidence procured by vio-

lating the constitutional guarantees against un-

lawful searches and seizures.

Speaker Collins, who has been feuding with

Sen. Jack B. Tenney, has also introduced A. B.

2173, repealing a Tenney amendment to the Civic

Center Act barring "subversive elements" from

the use of schools as meeting places. This section

was held invalid by the State Supreme Court al-

most five years ago in the case of Danskin v. San

Diego Unified School District.

The series of bills to repeal the Levering Act

and upholding the political rights of public em-

ployees are discussed elsewhere in this issue of

the News.

Copies of the foregoing bills will be furnished

free upon request by writing to the Legislative

Bill Room, State Capitol, Sacramento, Calif. Order

bills by number.

Page g

_tocteeenyn -

American Civil Liberties Union-News

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

Calif., by the American Civil Liberties Union

of Northern California.

Phone: ExXbrook 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

Brief Attacks `Forced

Listening' to Radio Programs

The American Civil Liberties Union, in a `friend

of the court" brief filed last month with the

United States Court of Appeals in Washington,

urged that a District of Columbia Public Utilities

Commission ruling permitting radio broadcasts

in streetcars and buses be overruled.

Attacking the principle of "forced listening",

`the brief asked reversal of a Federal District

Court decision last June in the case of two Wash-

ington attorneys, Franklin Pollack and Guy Mar-

tin, who challenged the PUC order. ACLU first

opposed broadcast music, advertising and so-

called public service announcements to patrons

of the Capitol. Transit Company at hearings be-

fore the PUC in late 1949. The Commission ruled

_ that the radio receivers were not "inconsistent

with the public convenience and safety" and re-

fused to deny the transit company the right to

install them in its conveyances.

In the brief filed last month, ACLU asserted

that broadcasts to "captive" audiences violated

the free speech and due process protections

guaranteed in the First and Fifth Amendments,

_ and forced listening in this case "was inflicted by

government action . . . the government has ex-

pressly created by detailed and explicit legisla-

tion the monopolistic situation which is the es-

sential instrument of compulsion, and has re-

fused, through its competent agency," to halt the

unconstitutional compulsion it created.

"There is no question that the imposition of

forced listening is viciously repugnant to the

spiritual and intellectual assumptions of Ameri-

can life. It is the recognized symbol of totalita-

rianism, exhibiting the brute power of collective

force at its ugliest and most dangerous incidence

-on the mind."

_ ACLU argued that to force people to listen is

to abridge freedoms of speech and press "as the

theory, purpose and practice of free communica-

tion are frustrated where the acceptance of com-

munication is made compulsory.

"It forced speech upon the unwilling, thus sub-

stituting coercion for freedom in the transaction

of speaking. It prevents the free use of attention

for reading," which is the purpose of a free press,

"or for thinking, the activity which gives life and

meaning to free discussion of any sort. It arti-

ficially and arbitrarily favors certain communica-

tions over others in an unprecedently drastic way.

"We are not contending that the Government

owes its citizens any positive duty of assuring

quiet or freedom from distraction in public places

in general; we are only asking that the power of

government be not affirmatively used to compel

listening to distracting material."

As for the due process violations, the ACLU

brief states that the broadcasts deprive persons

of liberty to use their conscious minds as they

see fit since ``the freedoms of choice' are absent.

"And the property taken in this case is primarily

the attention of the riders, which is forcibly taken

by sound, and also the valuable uses, connected

with other property rights, to which attention

may be directed.'"' On this latter point, the brief

cites such examples as lawyers reading opponents'

briefs, professors memorizing foreign language

passages, "or merchants resting their minds in

preparation for doing a more effective job in

processing orders. The aggregate of uncountable

_ possible injuries to property rights would sum

up the total deprivation involved in forcing this

healthy and profitable miscellany of individual

interests into the channels that seem good to the

Capitol Transit Company."

The brief deplored the fact that the Govern-

ment sanctioned forced listening by first grant-

ing the transit company a virtual monopoly on

public transportation rights and then by failing-

through its agency, the PUC,-"to stop the un-

constitutional broadcasts."

BOOKNOTE

CIVIL RIGHTS IN THE UNITED STATES by

' Allison Reppy, Dean of New York University

Law School, Federal Book Company, 298 pages.

Dean Reppy has compiled a unique and _ indi-

spensable reference volume, covering every civil

liberties issue before the courts or Congress from

1948 to 1950. It is a book, equally for lawyers

and laymen, so divided and indexed that refer-

- ence is easy.

-151 gp -

one

AMERICAN CIVIL LIBERTIES ENO es

Coplon Einionege Conviction

Case Goes to Supreme Court

The United States Supreme Court has heen

asked to set aside the New York Circuit Court

of Appeals reversal of the espionage conviction of

Judith Coplon. The Department of Justice asked

for the action, asserting that if the lower court

ruling stands "it can create a public lack of faith

in orderly legal procedures." The Circuit Court

overturned the original conviction by a Federal

District Court jury on three grounds: one, Miss

Coplon's arrest by FBI agents without a warrant,

when there was no proof she was about to escape,

was unlawful, and therefore papers found on her

when seized with a Soviet agent, were not ad-

misible as evidence; two, the District Court J udge

erred by not giving defense lawyers certain wire.

tap records; and three, the judge erred in fore-

closing defense attempts to determine whether

the original "confidential informant" was a wire-

tapper.

The Government's appeal argued that the FBI

did have power to arrest without a warrant be-

cause a felony was being committed in its pre-

sence and there was a possibility of escape. Use of

Supreme Court decisions on wire tapping, as ap-

plied by the Appeals Court, was in error, said

the US. .

Since the Appeals Court decision, Congress has

amended the arrest statute to make certain that

arrests in similar cases will not be in doubt. The

Government contends that despite this. the court

decision leaves in doubt all arrests made without

a warrant prior to January 10th, when the

amendment became ue

Larae oa In Lovaltv

Cases Handled bv the ACLU

During the past counvle of months there has

been a great, unsurge in the number of lovaltv

eases handled by the A. C. L. U. of Northern

California. The increase in business is attributed

to: 1. The expansion of the Federal Government's

labor force since the start of the Korean conflict.

and, 2. The Coast Guard screening of maritime

workers. A review of these new cases will appear

in the April issue of the "News."

Persons with "loyalty" problems verv often

don't know where to turn for help. If vou know of

anyone needing counsel and representation, send

him to the A. C. L. U. There is no charge for the

Union's help.

Survey of Renreasive Bills

Pendina in Calif. Leaislature

(Continued from Page 2, Col. 3)

authorize wire-tappinge by police on the order of

a Superior Court judge following an ex parte

hearing. The anplication to the Court would he

made by the District Attornev, and would be

supported by an affidavit from the Sheriff. Chief

or officer in charge of the wire-tapping. It would

give the identity of the telephone, present reason-

able grounds to believe evidence of the commis-

sion of a crime may be secured, and promise that

the information would be used only in a criminal

prosecution. The Court could examine witnesses,

and any order that was issued would be valid for

only six months. Such a statute would violate

the constitutional guarantee against unreason-

able searches and seizures. The abuse of a similar

statute in New York should be a warning against

allowing a little violation of our rights in order

to accomplish 2, good end.

The third bill, A.B. 2471, by Mr. Morris, pro-

vides that "In a prosecution for vagrancy where

an element of the offense charged is lack of

visible means of support, the burden shall be

upnon the defendant to establish the means by

which he is supported."

The final bill, A.B. 2893, by Mr. Kilpatrick and

five colleagues, is a strange one. Any person who

circulated printed matter intended to injure an-

other by reflecting upon his personal character

"and who is not thereby guilty of the crime of

libel . . . is guilty of a misdemeanor" unless the

author of the printed matter is disclosed.

The Union may have overlooked some anti-

civil liberties bills. and there may be some dis-

agreement as to what constitutes such a bill. For

example, some persons would class bills reauir-

ing fingerprinting of public employees (A.B. 6

and S.B. 96) as violating civil liberties. The

branch takes the view that fingerprinting is

merely another method of identification, and that

the State may require public employees to iden-

tify themselves.

Copies of the foregoing bills may be procured

from the Legislative Bill Room, State Capitol,

Sacramento, Calif. They will be sent without

charge. Merely give the number of the bill.

Hail N. Y. Bill to

Study Wiretapping

Introduction of a bill into the New York State

Legislature by Assemblyman Bernard Austin

providing for the creation of a commission to

study the problem of wiretapping was hailed by

Patrick Murphy Malin, executive director of the

American Civil Liberties Union, as "an important

and distinct service to the protection of individual

rights."

In making the announcement, Malin stated that

a comprehensive inquiry of the issue was "long

overdue."

"The constitutional convention which legalized

wiretapping in New York contemplated a limited

practice, but all indications are that wiretapping

is now widespread, uncontrolled and performed

illegally. No one's privacy is safe from intrusion. |

We have received reports that even the wires of

New York City's mayor at City Hall have been

tapped. The scandalous revelations about wire- |

tapping growing out of the gambling investiga-

tions in Brooklyn also indicate the necessity for

a thorough probe.

. "The State has never pontnalieed in any one

office the record of the number of requests made

by police or others for permission to tap private

wires, the number of orders granted by judges,

the length of time for which such wires were

tapped, and the use, if any, of material from

tapped wires.

. "It is obvious that it is time for an investiga-

tion to be made so that the public can determine

upon the basis of full information whether any

real benefits have ever been achieved by wire-

tapping, what the dangers of uncontrolled tap-

ping are, and whether the practice should be

abolished or its abuses more swiftly dealt with

and eliminated."

Under a state constitutional amendment, court-

authorized wiretapping is permissible. In 1949,

ACLU urged Gov. Dewey to investigate what it

termed abuses of this practice.

Reinstate NYC Welfare Dept.

Workers In Oath Dispute

New York City's Welfare Department rein- |

stated ten of sixteen employes dismissed for

"failure to cooperate' with its civilian defense

program. The action was taken after the ten had

signified willingness to sign a new loyalty oath,

patterned after the oath contained in the fed-

eral civil defense set up which inquires only into

present membership in organizations proscribed

by the attorney general. One major target of op-

position to the loyalty oath has been the stress

on past associations with organizations now listed

as subversive. The ten also convinced a hearing

board of their loyalty.

The dismissals last January 16th had been

widely interpreted as part of Commissioner Ray-

mond Hilliard's drive to oust members of the left-

wing United Public Workers Union from his de-

partment. He also had been criticized by ACLU

for demanding participation in-the defense pro-

gram although state civil defense officials had

stressed the vont pavure of the Proerem

Membership at at New New High

The membership of the A. C. L. U. of Northern

California last month reached a new high. At

press time there were exactly 1682 paid up mem-

bers, compared with 1415 a year ago. On October

3d, 1950, the membership reached a peak of 1660.

The branch hopes to have 2000 members in good

oe ae the end of fiseal aN on October 31.

MEMBERSHIP APPLICATION

American Civil Liberties Union of No. Calif.,

503 Market St.

San Francisco 5, Calif.

1. Please enroll me as a member at dues of

See for the current year. (Types of mem-

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

Civil Liberties Union-News" at $1 a year.) .

2. I pledge $............ per month........ or $2228 per yr.

3. Please enter my eubseription to the NEWS, $1

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