vol. 22, no. 10

American

Civil Liberties

Union

Volume XXII

Number 10 (c)

San Francisco, California, November, 1957

Annual Budget

Appeal Seeks

$38,017.90

On October 24, the ACLU mailed to its supporters, except

those who have contributed during the past couple of months,

letters soliciting contributions toward the Union's Ae 017.90

budget for the fiscal year beginning November 1

This is

almost $200 less than during the past fiscal year.

New Half-Time Worker

On the other hand, for~ six

months of the past year . the

ACLU employed an education

and public relations director, to-

gether with a half-time secre-

tary. Rising operating costs do

not permit continuance of this

program{ Instead, the new

budget provides~for a half-time

worker who would direct the

Spring Membership Campaign,

handle special events such as the

annual meeting and theatre par-

ties, and help in the publication

of the monthly "News."

In addition to the half-time em-

ployee, the office will operate

with a full-time staff of four per-

sons, including the executive di-

rector, staff counsel, legal secre-

tary `and a bookkeeper-clerk.

Otherwise, the ACLU is depen-

dent upon volunteers.

Revenues

The board expects to raise

$29,772 in contributions from

88% of the present membership

of 3759. Another $3000 should be (c)

realized in un-earmarked funds

from the June 1958 Special

Funds Appeal, and still another

$3000 should be raised in the

1958 Membership Campaign. It is

also hoped to raise $1000 in spe-

cial contributions, at least $50

in Memorial Funds and about

$250 in dividends and interest.

Finally, a special event, such as

a theatre party, ought to bring

in an additional $1000 and raise

the contemplated revenue to

$38,122. :

All of the money that is used

by the ACLU in meeting its oper-

ating costs is raised by this

branch from its members and

friends. It receives no support

from any foundation, the United

Crusade, financial angels or the

Union's national office. Money

that is sent to the ACLU in New

York is not returned here to

meet local needs. We again em-

phasize this point because some

of our members occasionally send

money to the national office and

do not realize that no part of it

will be used for local work.

Average Contribution

On the basis of its present

membership, the ACLU needs an

average contribution of 9 to

raise the $29,772 hoped for from

the present membership. Of

course, some members cannot af-

ford to give more than the mini-

mum dues, so many larger gifts

are, therefore, necessary in order

to balance the smaller contribu-|

tions.

The ACLU urges its supporters

to respond NOW to the budget

@

Job Opening

The budget recently adopted

by the ACLU board makes pro-

vision for a part-time employee.

This employee would direct the

Spring membership campaign,

handle special events such as the

annual meeting, and theatre par-

ties, and help in the publication

of the paper.

The present plan is to em-

ploy someone one-half time at

about $50 per week.

Anyone interested in the job

should make an appointment with

Ernest Besig--EXbrook 2-4692.

In This Issue...

Another Water Hole Wins

Court Ban -...0.2.0 0 p. 2

Five New Board Members

Elected: 2c p.3

Letters to the Editor. ae p.4

Negroes Excluded from

Aptos Jr. Hi ........0...0....... p. 3

Teachers' Rights as Citi-

zens Defended ................ p.4

appeal. In doing so, they will en-

able the ACLU to concentrate

its fund-raising activities, there-

by causing a minimum of inter-

ference with its handling of civil

liberties issues.

Last year, almost 1100 of the

Union's supporters made their

contributions in November, and

every year the November res-

sponse grows larger. So even if

your membership does not expire

just now, the ACLU hopes you

will be willing to. make your

PRESENT and FUTURE contri-

butions in November. Your co-

operation is earnestly solicited.

The Budget

Here is the way your money

will be spent:

2

Salaries Executive Director.... $8,700.00

Staff Counsel ............ 5,850.00

Legal Secretary ........ 4,290.00

Bookkeeper-Clerk .... 3,360.00

` Retirement. ................ 741.30

Part-time Help .......... 2,600.00

Printing and Stationery.. 4,800.00

Rent. 3.222 ee 3,140.00

Postage ee 1,450.00

Tel. and Tel. ke 1,200.00 (c)

Maxes and Ins: = 761.60

Mravels Ss rans: = a: 600.00

Furn. and Equipment ...... 100.00

Publications .2........ 75.00

Miscellaneous ................ 50.00

AUGIt 2 ooo 300.00

Total 2.23.2. $38,017.90

Clear $600 on

'Liberty Ball'

The 1957 Marin Liberty Ball

was in. every way a grand suc-

cess. It rained several days be-

fore and also afterward, but the

skies cleared a few hours for the

ball itself. 281 staunch ACLUers

and friends came in spite of the

rain.

, Some $600 was cleared for

ACLU: thanks to the many gen-

erous members who donated and

cooked food, served in the

kitchen at the ball, obtained en-

tertainment, handled publicity,

delivered chairs, phoned a huge

list of invitees, helped move in

the piano, ran the bar, cleaned

up after the ball, and took eare

of the many other chores that

made the ball possible. Thanks |

are also due the Mayacamas Vine-

yards for the enjoyable prelude

-wine tasting; to Lou Gottlieb

`for his droll stories, singing and

playing; and above all, to our

hosts, Frederic and Anne Cool-

idge, who not only generously

provided their home for the oc-

casion but also were among the

hardest workers who prepared

the way for the ball-M.D.

JUDGE CLAYTON HORN

High Court To

Rule on Loyalty

Oath Law

The U.S. Supreme Court last

month agreed to review Califor-

nia's 1953 tax exemption loyalty

oath law. The law had been up-

held by the State Supreme Court

last `April by a vote of 4 to 3.

The court agreed to consider

two challenges of the law. One

was filed by the People's Church

of San Fernando Valley and the

other -by -the -First -Unitarian

Church of Los Angeles. Both

cases are being handled by the

Southern California branch of

the ACLU.

Other cases pending before the

court were filed by the San Le-

andro Methodist Church, First

Unitarian Church of Berkeley,

and two World War II veterans,

Lawrence Speiser and Daniel

Prince. These cases are: under"

sponsorship of the ACLU of Nor-

thern California. It is anticipated

that the Supreme Court will

grant review in the Bay Area

cases when it meets again in No-

vember. In all liklihood, the six

cases will be argued at the same

time.

Chief Justice Earl Warren,

who as governor opposed the law,

disqualified himself from sitting

on the cases.

In commenting on the law, a

lower court said: "In effect the

provisions involved here require

those who advocate doctrines un-

acceptable to the rest of us to

pay a larger tax than those who

refrain from expressing" such

doctrines. We do not feel that

this reasonably tends to avert a

clear and present danger."

Harding Golf Club

_Now Admits Negroes

The lily white Harding Park

Golf Club of San Francisco has

capitulated and accepted Negroes

into its ranks. The City insisted

that the club accept Negroes or

give up: using City links for its

tournaments. :

James E, Stratten, head of the

Booker T. Washington Communi-

ty Center, and six other Negroes,

joined the private club on Octo-

ber 1. It was Stratten who pro-

tested the club's racial policies

last February. In order to gain

an official golf handicap he had

to belong to a club, but the Hard-

ing club refused to accept him

because of his race.

The club president, James Gal-

lagher, said the golf club is now .

"open to any and all qualified ap-

plicants, without regard to race,

creed or color." The club voted

unanimously to take this stand.

`Howl' Ruled

Not Obscene;

Two Acquitted

San Francisco's "Howl" trial, which attracted nation-wide

attention, ended on October 3 with the acquittal by Municipal

Judge Clayton Horn of Lawrence Ferlinghetti, poet and pro-

prietor of the City Lights Pocket Book Shop, and his clerk,

Shigeyoshi Murao. In a 38-page opinion, Judge Horn held

that "Howl and Other Poems," by

Allen Ginsberg, is not obscene be-

cause it has "some redeeming

social importance."

Police officers charged that

Ferlinghetti "did wilfully and

lewdly print, publish and sell ob-

scene and indecent writings, pa-

pers and books, to wit: `Howl and

Other Poems' and `The Miscella-

neous Man Nos. 11 and 12'." On the

other hand, Murao was charged

merely with selling, distributing

and keeping for sale the same

publications.

No Case Against Murao

The court found no evidence

that Murao had "lewdly" sold the

books. "There is no proof," said

the court, "that the defendant

knew the contents of the

books, no conversation had with

the defendant by either police of- -

ficer regarding the nature or con-

tents of the books, and there is

nothing on the exterior of the

books suggestive or indicating

anything in the nature of porno-

graphic content." Moreover, the

prosecution conceded it had no

case against Murao.

The court also found there was

no proof that Ferlinghetti had

"wilfully and lewdly" sold "The

Miscellaneous Man." The prose-

cution conceded it had no case

with reference to this publica-

tion.

Vulgar Language

On the other hand, the evidence

showed that. Ferlinghetti had

published Howl, so the court pro-

ceeded to Getermine whether it

"The theme," said |

was obscene.

the court, "presents `unorthodox

and controversial ideas.' Coarse

and vulgar language is used in

treatment and sex acts are men-.

tioned, but unless the book is en-.

tirely lacking in `social impor-

tance' it cannot be held obscene."

At another point the court stat-

ed: "There are a number of words

used in Howl that are presently

considered coarse and vulgar in

some circles of the community;

in other circles such words are in

Anti-Wiretapping

Laws Passed In

illinois and Penn.

Anti-wiretapping bills - both

supported by affiliates of the

American Civil Liberties Union-

have been passed by the state

legislatures in Illinois and Penn-

sylvania.

The Illinois bill acts against a

large range of "electronic eaves-

dropping." It provides punish-

ment upon conviction of not less

than $100 and not more than

$1,000, or not less than 10 days or

more than one year in jail, or

both. Included within its jurisdic-

tion are "any law enforcement

officer of this state or any mu-

nicipality or other political sub-

division thereof, or of the United

States, whether or not within the

course of his employment."

The Pennsylvania bill likewise

protects against a wide range of

wiretap practices. It states that

"no person shall intercept a com-

munication by telephone or tele-

graph without permission of the

parties to such communication"

and prohibits divulging or using

"the contents or purpose of a

communication in violation of

this act." Punishment for convic-

tion is $5,000 fine or a year in jail

-or both.

ACLU affiliates were active in

both cases. The Illinois Division

worked with Rep. Jeanne Hurley, _

who sponsored that state's legis-

lation. The Philadelphia group

worked with the Philadelphia Bar

Association in a major campaign

to have the Pennsylvania bill

passed.

every day use. It would be un-

realistic to deny these facts. The

author of Howl has used these

words because he believed that

his portrayal required them as

being in character. The People .

state that it is not necessary to

use such words and that others

would be more palatable to good

taste. The answer is that life is

not encased in one formula where-

by everyone acts the same or

conforms to a particular pattern.

No two persons think alike; we

were all made from the same

mold but in different patterns.

Would there be any freedom of

press or speech if one must re-

duce his vocabulary to vapid in-

nocuous euphemism? An author

should be real in treating his sub-

ject and be allowed to express

his thoughts and ideas in his own

words."

Lustful Thoughts

Judge Horn declared that "Ma-

terial is not obscene unless it

arouses lustful thoughts of sex

and tends to corrupt and deprave

Vhomme moyen sensuel by incit-

ing him to anti-social activity or

tending to create a clear and pres-

ent danger that he will be so in-

cited as the result of exposure _

thereto.

"If the material is disgusting,

revolting or filthy, to use just a

few adjectives, the antithesis of

pleasurable sexual desires is born, -

and it cannot be obscene."

If convicted, Ferlinghetti and

Murao could have been sentenced .

to six months in the county jail

and each could have been fined

$500. Five hundred dollars bail

for each of the men was posted

by the ACLU which handled the -

defense. Defense attorneys were

ACLU Staff Counsel Albert M.

Bendich, and former Staff Coun-

sel Lawrence Speiser and J. W.

Ehrlich. The last two volunteered

their services. The ACLU is par-

ticularly grateful to Mr. Ehrlich

for his skilful handling of. the

trial.

fcavy Sales

As a result of the publicity at-

tending the trial, Howl is in its

fourth printing. Ten thousand

copies, at 75 cents per copy, are

in circulation or on sale.

Judge Horn's twelve standards

for judging whether printed mat-

ter is obscene will be found else-

where in this issue of the "News."

LAWRENCE FERLINGHETTI

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California,

503 Market Street, San Francisco 5, California, EXbrook 2-4692. -

Second Class mail privileges authorized at San Francisco, Calif.

ERNEST BESIG .. . Editor

Subscription Rates-One Dollar and Fifty Cents a Year

Fifteen Cents Per Copy

'Howl' Decision

Landmark of Law

Municipal Judge Clayton Horn believes that his opinion

in the "Howl" case-rejecting charges of obscenity against

a collection of poems by Alan Ginsberg and thus acquitting

the bookseller who was arrested for its sale-``might be help-

ful in California in the future."

- In that belief we heartily concur. We find the decision

sound and clear, foursquare with the Constitution and with

the letter and spirit of various courts that have heretofore

found the outcries of censorship lacking virtue. It upholds

the right and suggests the necessity of an author to portray

accurately the language of his characters. It finds that any

effort to impose "vapid, innocuous euphemism" upon an au-

thor is in violation of the First and Fourteenth Amendments.

It declares that a work is not to be judged on a few "unpalat-

able" words lifted from context, but as a whole-and then,

from its effect not upon childish minds but upon "`the average

adult of the community."

Again, Judge Horn observes, a work may be deemed ob-

scene only if it tends to deprave or corrupt readers by exciting

lascivious thoughts or inciting to immoral actions-and there

is no obscenity in a work which has "redeeming social impor-

tance."

- These are admirable rules for the guidance of courts.

Judge Horn's decision likewise offers an excellent rule for

the public's adherence in matters of this kind. It says: "The

people owe a duty to themselves and to each other to preserve

and protect their constitutional freedoms from any encroach-

ment by government..."

To this he appends a quotation from Justice Douglas which

bears repetition whenever censors rise up in their curious

_ wrath to give the people unwanted and unneeded protection.

Said Justice Douglas:

"T have the same confidence in the ability of our people

to reject noxious literature as I have in their capacity to sort

- out the true from the false in theology, economics, politics or

any other field."

For a sharp and staggering blow to the chops of prurience

and censorship, we congratulate Judge Clayton Horn.-San

Francisco Chronicle, October 7, 1957.

Common Sense Decision

Municipal Judge Clayton Horn deserves a salute from this

civilized community for the good common sense of the opinion

he handed down the other day in the obscenity case against

the book "`Howl and Other Poems."

In declaring that "Howl" was not obscene, Judge Horn

cited a number of decisive points.

A book, he held, must be judged not on random vulgar

words but as a whole by its effect on the average adult. Even

the slightest aspect of social importance redeems a book from

the stigma of obscenity. To be obscene a book must have a

tendency to deprave or corrupt its readers.

Perhaps the most telling of his arguments was this: "If

the material is objectionable only because of coarse and vul-

gar language which is not erotic or aphrodisiac in characte

it is not obscene."

Objectionable "Howl" may be. But Heaven help us if we (c)

have reached the stage where the reading of a four-letter word

can corrupt us absolutely. :

After this verdict, Judge Horn said he had written an

opinion that might be "helpful to California in the future."

No doubt about it. Straight thinking is helpful any where, any

time.-San Francisco News, October 8, 1957. :

Loyalty Clearance Granted

The Civil Service Commission

last month granted a_ loyalty

clearance to an employee of the

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_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Department of Agriculture who

had been charged with guilt by

kinship.

Under the Hatch Act, the em-

ployee was hired subject to a loy-

altv check. About seven months

after being hired he received an

interrogatory from the Commis-

sion which charged that his fath-

er, who has passed away, his

mother, who is 75, and an older

sister were at one time members

of the Communist Party. During

the past sixteen years or more,

however, the employee has spent

relatively little time at home, so

he had no knowledge as to the

truth or falsity of the charges.

Whatever the political views of

his family, he had not been in

a position to be influenced by

them.

It was not claimed that the

employee had any bad associa-

tions outside the members of his

family. :

The ACLU helped the em-

ployee prepare written answers

to the charges and several weeks

after the answer was submitted

he was cleared. If the local Civil

Service had ruled against him he ~

could have appealed to the Com-

mission, but at no stage of the

proceedings was he entitled to

any hearing. And, if the Commis-

sion had ruled against him on

the basis of guilt by kinship he

would have had an ineradicable

stain on his employment record

that would probably have ruined

his career. Who would have hired

a man whose loyalty is ques-

tioned by the Federal Govern-

ment? It is no wonder that

persons are reluctant to go to

work for the Federal Govern-

ment if in doing so they jeopard-

ize their careers.

Another 'Water Hole' Wins Court Ban

On San Francisco Police Harassment |

A second San Francisco "water

hole" has secured an injunction

against police harassment by

power mad Police Chief Frank

Ahern and his men. On Septem-

ber 14, Superior Judge Preston

Devine granted an injunction

against excessive police surveil-

lance to Charles Schroeder, pro-

prietor of a place called-One O

Five Third at 105 Third St., San

Francisco. "When police activi-

ties becomes oppressive and rui-

nous to a business permitted by

law," said Judge Devine, '"`the

courts will restrain the excessive

action."

Last August, Superior Judge

John Molinari granted a similar

S.F. Police Adopt

New Policy In

"Obscenity'Cases

In consequence of the "Howl"

case, San Francisco police intend

to exercise "delicate judgment"

in obscenity cases, according to a

recent story in the San Francisco

Examiner quoting Police Com-

mission President Harold Mc-

Kinnon.

"French Postcards"

. Unless something is clearly

pornographic, such as "French

postcards," there will be no im-

mediate arrests. Instead, the ma-

terial will be submitted to De-

puty Chief Thomas Cahill and

Inspector Al Arnaud of the po-

lice legal department for their

decision.

Before they order an arrest

they will apply three tests:

1. Is the questionable material

isolated?

2. Does it tend to corrupt by

arousing lascivious thoughts to

such an extent as to cause anti-

social or immoral] action?

3. Could a conviction be ob-

tained?

Delicate Matter

"Censorship is a delicate mat-

ter,' Mr. McKinnon is quoted as

saying. "It requires the use of

delicate judgment by the police.

"If ~something is_ lascivious,

and excites erotically and is out-

right. pornographic for porno-

graphy's sdke, that's bad. We're

not tying the hands of the police |

officers in such cases.

"But if the material in ques-

tion is isolated, that is something

"else again. For example, there

are references to sex in litera-

ture, going as far back as the

Bible.

"Henceforth, we're going to

make a distinction and use our

heads before proceeding with.

precipitate arrests. Headquarters

now will pass judgment and scru-

tinize complaints carefully. | :

"We will take into considera-

tion whether we can get a con-

viction. If it appears we cannot,

it would be foolish to go through

the motions of an arrest and a

trial."

First Test . As a result of the department's

new policy, a juvenile officer re-

ferred a question about "Kara- .

moja,' an African documentary

movie, which had been playing

at the Telenews Theatre. The of-

ficer reported that the film con-

tained scenes showing a remote

African tribe in nude or semi-

nude attire.

Inspector Al Arnaud viewed

the movie and decided against

- police action. He explained:

"Municipal Judge Clayton

Horn, in holding that the book

`Howl' was not obscene, said he

found redeeming social impor-

tance in it.

A Documentary

"Along this same line, I deter-

mined that Karamoja was a docu- |

- mentary, an anthropological

study.

"The shots involving nudity

were isolated, and not aimed at

inciting antrsocial or immoral

action.

"Anyway, if we moved against

this picture we'd probably have

to be on the alert for pictures of

natives in the National Geogra-

phic Magazine."

ACLU NEWS

November, 1957

Page 2

injunction to the operators of a

"water hole" at 50-52. Mason

Street, owned by Ray and Betty

Jean Jacob.

Besig Testified

At the trial of the present case,

Ernest Besig, the Union's local

director, testified on behalf of

the plaintiff. Besig said he over-

heard patrons of the establish-

ment being questioned by a po-

lice officer and that he himself

was asked to give his name and

address. The officer warned him

that the place sold only near

beer. He admitted to Besig that

he and another officer spent

their entire time between two

"waterholes" on Third Street. (c)

Judge Devine's memorandum

opinion follows:

Judge Devine's Opinion

Plaintiff is the owner of One

O Five Third Street, an estab-

lishment commonly known as a

"waterhole"'. Plaintiff can be

called the operator only in a

technical sense, because he has

paid little personal attention to

conducting the business. A

"waterhole" is a place which

~ looks more or less like the ordi-

nary tavern or bar,. but sells

nothing but soft drinks. Often,

as in this case, it is in the pre-

mises of a formerly licensed

place. It has a bar and a back bar

and high stools, and resembles

licensed taverns, except that no

liquor is present. Near beer- is

sold, and other soft drinks, in-

cluding grenadine and non-alco-

holic creme de menth. No doubt

quite a few people patronize it

for the first time in the belief

that it is a licensed bar. No

doubt, from the testimony, often

the prices are higher than the

patrons expected them to be.

Some of them have protested to

the police that they have been

" "overcharged." The armed forces

have posted "out of bounds"

signs which, as one effect, may

give the impression that liquor is

_ being sold, but the purpose of

which is, of `course, to keep mili-

tary personnel out.

"B-Girls" Not Prohibited

A certain advantage exists over

a licensed place in one respect,

namely, that the Alcoholic Beve-

rage Control Act does not apply,.

with its prohibition of "B-Girl"

activities and the like. On the

other hand, no liquor at all may

be sold. Also, the owner does not

have the benefit of the process

provided by the law for control

of licensed establishments.

An injunction is sought against

`the Police Department to pre-

vent surveillance and patrol

which, it is alleged, are drasti-

cally excessive and ruinous to

plaintiff's business. -

Although the courts are reluc-

tant to enjoin the law-enforcing

authorities, which are allowed a

wide range of discretion, never-

theless, when police activities

become oppressive and ruinous

to a business permitted by law,

the courts will restrain the exces-

sive action.

Police Activity Excessive

I find that in the present case,

police activity has overstepped

the bounds of the wide latitude

permissible under the law. The

police have entered the place

frequently and have interrogated

patrons at random about their

Names, addresses and occupa-

tions. The only excuse offered is

that they sometimes find military

personnel dressed in civilian

clothes in this place, which is

"off bounds" to the military.

Since almost anyone, male or fe-

male, might be in one of the

branches of the military, this, if

allowed, permits the officers to

make these inquiries of virtually

the entire patronage. The harm-

ful effect of police inquiry to the

patrons at large of any place of

amusement or refreshment is ap-

parent. It has closed a similar

place, and it will close this one,

if it continues. Thus, a more posi-

tive way of terminating the busi-

ness than the orderly procedures

allowable under the Alcoholic

Beverage Control Act for li-

censed establishments exists

with such drastic police work.

The police have remained in the

place for excessive periods; they

have warned patrons against buy-

ing the near beer, simply because

it is non-alcoholic and may be dis-

appointing to the consumer; they

have remained in front of the

place.

Legitimate Police Work

Of course, legitimate police

work has been done, and may be

continued. The police have in-

quired names and addresses of

employees; they have kept watch

for patrons under age (a very

few have gone in); and they have

arrested drunks who came in

from other places. These are

proper duties of the police. Like-

wise, a reasonable surveillance

certainly is allowable and com-

mendable, and the nature of the

district may be considered, too,

in deciding on the amount of in-

spection.

This place has sold no liquor

whatever, according to all the

evidence produced by both sides. -

There has been no evidence of

crime committed. A few ex-con-

victs were seen in the place, but'

the officer who testified knew

them anyway, and did not need

to ask their names. There are

women acting as waitresses, but

there has been no evidence that

they solicited or arranged for

any improper conduct at the

premises.

There is no law fixing prices

for the beverages sold; so the ~

fact that some patrons think

they have paid too much, or even

the fact, if it were established

(defendant did not try to do this -

directly, but only gave evidence

that customers had complained)

that prices were out of line with

the general trend, would not con-

stitute even a misdemeanor.

Other "Water Holes".

There has been suggestion

about other "waterholes," but we

must judge this place on its own

record. Not a single arrest_of an

employee has been made during

the time the place has been

operated. oS

`It is not for the courts to de-

cide on the needs of society for

a "waterhole" nor is it for the

police to do so. If the law is not

disobeyed, a business may be

carried `on, subject to all neces-

sary inspection. It may not be

destroyed by excessive police ac-

tion, surveillance, inspection and

inquiry which are made plain to

the patrons and prospective pat-

rons.

Counsel for plaintiff will pre-

pare and submit a form of in-

junction which will prevent po-

lice from: (a) interrogating pat-

rons except for detection or pre-

vention of crime; (b) remaining ~

in the premises for a time longer

than necessary to see that no

violations of law are committed

or threatened; (c) standing

guard before the premises, except

as necessary for detection or pre-

vention of violations of law.

Dated: September 14th, 1957.

ACLU Opposes Laws

Promising Immunity

From False Arrest

The American Civil Liberties

Union has declared opposition to

anti-shoplifting laws in effect or

pending in some 20-odd states. It

objects to the provision of im-

munity from false arrest liability

for merchants, their employees

and police.

~ Such immunity; ACLU execu-

tive director Patrick Murphy Ma-

lin declares, is an "infringement

on the right of a person to be

secure in his person" as provided

in the Fourth Amendment.

Most "immunity" shoplifting

_ bills have been sponsored by su-

permarket operators and other

merchant groups. They generally

provide some degree of protec-

tion from liability of false arrest

when detaining suspects on the

premises. /

While the ACLU has initiated

no court action in these cases, the |

Union has notified its affiliates

throughout the nation of its

stand. These groups are expected

to offer testimony on such bills

in hearings before state legisla-

tures, and to aid court tests of the

laws. .

Negroes Excluded

From Aptos Jr. Hi

In violation of board policy, San Francisco public school

administrators have re-districted the Aptos Junior High

School district in such a manner as to exclude most Negro

children and require them to attend Denman Junior High

School. By a curious coincidence the exclusionary boundary

line has been drawn just at the

point of farthest penetration of

Negro families in the Ingleside

District of San Francisco.

Denial Entered

The administrators deny that

they have any intention of seg-

regating Negroes in Denman

Junior High School, but the in-

flux of colored people in the

_ Ingleside District will eventually

lead to sucha situation.

Under board policy, if a sec-'

ondary school is crowded, pref-

erence must be given to children

who live closest to the school.

Many Negro children live much

closer to Aptos than to Denman,

yet they are required to attend

the latter school.

ACLU Action Authorized'

The ACLU Board of Directors

has authorized the office to take

appropriate action, including

possible legal action.

Following is a recent commun-

ication sent by Ernest Besig, the

ACLU's Executive .Director, to

the Board of Education request-

`ing relocation of the Aptos

boundary line to conform with

board policy. The problem was

considered at a board meeting,

but no action was taken.

Besig's Letter

We have noted with great con-

cern stories recently appearing

in the daily press about changes .

in the boundary lines of the Ap-

ACLU Supports

Ballot Suits

The California Supreme Court

last month was urged to void sec-

tions of the California Elections

Code which virtually deny minor-

ity political parties free access

to the ballot. eg

The court heard arguments of

both the Socialist Party and the

Christian Nationalist Party,

which are challenging the valid-

ity. of Sec. 2450 of the State

Elections Code. ~

The present law requires the

signatures of approximately a

half-million voters to a petition

to place a minority political

party on the ballot.

In a "friend of the court" brief

submitted in behalf of the Chris-

`tian Nationalist Party by the

Southern California branch of

the ACLU it was argued that the

offending statute has erected

"formidable legal barriers to the

emergence of third parties" and

makes their competition with the

two dominant parties virtually

impossoble.

"Only at the polling place can

the struggle for the minds of

men be peacefully and rationally

waged. The right of choice ob-

viously depends upon the free

access to the ballot, both by the

voter as well as the candidate.

"Closing the curtain of the pol-

ling place to new ideas does

more than infringe upon the con-

stitutional rights of electors ad-

vocating them; it violates com-

mon sense; and our heritage."

the brief stated.

The three methods provided by

the statute by which parties may

secure a place on the ballot are

"so prohibitory in operation"

that they "exact a confiscatory

tax for the privilege of intro-

ducing a new political program

to the electorate." ae

The state's electoral system

constitutes a substantial abridge-

ment upon the right of fran-

chise," the brief said, "and has

made the ballot inaccessible to

the candidate and voter with in-

dependent views.

Both political parties brought

suit against Secretary of State

Frank Jordan after they were

disqualified from the ballot in a

recent election on grounds that

they failed to comply with the

elections code.

tos Junior High School district,

which have the practical effect if

not the purpose, of excluding a

considerable number of Negro

children from that school.

Allegations have been made

that children who are now re-

quired.to attend Denman Junior

High School live closer to Aptos

Junior High School. These alle-

gations were not only confirmed

in a telephone conversation I had

with Mr. Dierke on September

27, but, as far as we have been

able to learn, there are children

presently attending Aptos who

live much further from the school

than those who have just been

excluded. : :

Mr. Dierke's position seems to

be that Sheridan Elementary

School has been re-established as

a "feeder" school for Denman

and that any children attending

that school must hereafter attend

Denman, even though they live

closer to Aptos Junior High

School.

It seems to us that this inflex-'

ible rule just established by Mr.

Dierke ignores Board of Educa-

tion policy adopted August 4,

1936, which declares as follows:

"If the number enrolled in any

secondary school exceeds the

number that can be accommoda-

ted, preference must be given to

those pupils who reside nearest

the school."

Mr. Dierke stated to me that

changes in the Aptos district

were made necessary by its Feb-

ruary 15, 1957 enrollment of 1448

as against a capacity of 1,380, but

in changing boundary lines con-

sideration was not given to the

foregoing Board policy, -which

Mr. Dierke says was not even

known to him, but to a desire to

make Sheridan Elementary

School a "feeder" school for Den-

man. Also, as far as I can learn,

no consideration was given to the

fast changing nature of the Ingle-

side district, which will soon

change the pattern of the Sheri-

dan and Denman schools.

We submit that the bound-

ary lines of the Aptos district

should be relocated forthwith to

conform with stated Board pol-

icy. We think it most unfortunate -

that Board policy was ignored in

this matter, with the resulting

exclusion of Negro children from

Aptos and a consequent segrega-

tion of them in Denman Junior

High School.

We do not suggest that there

has been any intentional racial

segregation on the part of the

school administrators; what we

do say is that the practical effect |

of what has been done will be to

segregate colored children in

Denman Junior High School.

We would appreciate being ad-

vised of the Board's action in

this matter.

In ruling that Howl was not ob-

scene, Municipal Judge Clayton

Horn declared that certain rules

were applicable. "... they are not

inflexible and are subject to

changing conditions," said he,

"and above all each case must be

judged individually."

Here are Judge Horn's twelve

rules for determining whether

printed matter is obscene:

1. If the material has the slight-

est redeeming social importance

it is not obscene because it is

protected by the First and Four-

teenth Amendments of the

United States Constitution, and

the California Constitution.

2. If it does not have the slight-

est redeeming social importance

it may be obscene.

3. The test of obscenity in Cali-

fornia is that the material must

e

AYD Membership

At 16 Leads to

Security Case

Membership in American

Youth for Democracy while in

Junior High School led to a se-

curity hearing for a draftee at

the Presidio of San Francisco

last month.

Upon being ordered to report

for induction 1% years ago, the

draftee refused to execute a so-

called Loyalty Certificate, and he

later declined to execute a State-

ment of Personal History. On

both occasions, he said he would

refuse to fill out the forms un-

less he had the advice of counsel.

The draftee was between the

ages of 13 and 16 when he be-

longed to a drama group of AYD.

He is now 24 years old. If he had

filled out the Army's forms he

would not only have been re-

quired to list his former member-

ship in AYD but also the names

of all the children who belonged

at the same time he did. At the

hearing, the attorney for the

Army suggested that the draftee

had an obligation to do this.

Because the draftee refuses to

tell the names of children he as-

`sociated with 8 to 11 years ago,

while in Junior High School, the

Army may declare him to be a

security risk and refuse to in-

duct him.

If this young man is excluded

from the Army as a security risk

it may result in barring him

from the teaching profession for

which he is now preparing. The

California Legislature recently

passed legislation requiring draft

information of persons applying

for teaching credentials. Most

school boards would refuse to

employ a young men who has

been rejected by the Army as

a security risk. Consequently, a

security clearance from the

Army is essential to draftees who

wish to teach.

2 Chinese Vets

Face Army

Security Charges

Two Chinese veterans face

Army security charges and pos-

sible Undesirable discharges in

consequence of membership in

the San Francisco Chinese-Amer-

ican Democratic Youth League,

an organization which does not

appear on the Attorney General's

_ subversive list.

The charges nevertheless al-

lege that the League. "is an or-

ganization which supports and

serves the interests of the Peo-

ple's: Republic of China and the

Union of Soviet Socialist Repub-

lies in preference to the interests

of the United States." No evi-

dence is given to support this

claim.

Also, in both instances, the vet-

erans are charged with falsifying

their Loyalty Certificates and

Statements of Personal History

by not listing the League as a

subversive group to which they

have belonged.

The ACLU has asked the Army

to amplify its charges by citing

the basis for its statement that

the League is subversive. Hear-

ings in the cases have not yet

been scheduled.

must have a tendency to deprave

or corrupt readers by exciting

lascivious thoughts or arousing

lustful desire to the point that it

presents a clear and present dan-

ger of inciting to anti-social or

immoral action.

4. The book or material must

be judged as a whole by its effect.

on the average adult in the com-

munity.

5. If the material is objection-

able only because of coarse and

vulgar language which is not ero-

tic or aphrodisiac in character it

is not obscene.

6. Scienter must be proved.

7. Book reviews may be receiv-

ed in evidence if properly au-

thenticated.

8. Evidence of expert witnesses

`in the literary field is proper.

9. Comparison of the material

MRS. ALEC SKOLNICK

Five New Board

Members Elected ]

Membership of the Board of Directors of the ACLU of

Northern California was raised to 29 (the limit is 30) with the

re-election of five persons to three-year terms, and the elec-

tion of five new members to three-year terms, all beginning

November 1.

Those re-elected were Alice

Heyneman, prominent in League

of Women Voters activities in

Berkeley, Prof. Van D. Kennedy

of the University of California,

Rt. Rev. Edward L. Parsons, at-

torney Clarence E. Rust of Oak-

land, and Stephen Thiermann,

executive director of the Ameri-

can Friends Service Committee.

Richard De Lancie, Mrs. Paul

Holmer,Lloyd L: Morain, Emily

Marks Skolnick, and Fred H.

Smith, IV are the newly elected

members of the board.

De Lancie

Richard De Lancie is Executive

Vice President of Broadview Re-

search Corporation, which does

research work for business and

government. He is a graduate of

the University of California ('40)

and did graduate work in math-

ematical statistics at U.C. from

1948-50. He resides in San Mateo.

Mrs. Holmer

Mrs. Paul Holmer is the wife of

a psychiatrist. She holds an A.B.

from the University of California

(1929). From 1955-57 she was

President of the League of Wo-

men Voters of California and

prior to that she held other of-

fices in the League. She has been

a director of Marin Family Ser-

Ouster of Red

Lawyers Rejected

The State Bar of California last

month firmly rejected a resolu-

tion to bar Communists from

practicing law in California and

later censured the "inflammatory

and disrespectful" statements of

the author.

Attorney Edward E. Heavey of

San Francisco was booed by bar

delegates convened at Monterey

when he referred to Chief Justice

Earl Warren as "the Trojan horse

from California" and attacked the

"May Day -frolics of the United

`States Supreme Court."

Judge Horn's Obscenity Yardstick

with other similar material pre-

viously adjudicated is proper. -

10. The people owe a duty to

themselves and to each other to

preserve and protect their consti-

tutional freedoms by government

unless it appears that the allow-

able limits of such protection

have been breached, and then to

take only such action as will heal

the breach.

11. Quoting Mr. Justice Doug-

las again: "I have the same con-

fidence in the ability of our peo-

ple to reject noxious literature

as I have in their capacity to sort

out the true from the false in

theology, economics, politics, or

any other field."

12. In considering material

claimed to be. obscene it is well

to remember the motto: "Honi soi

qui mal y pense." ("Evil to him

who evil thinks.'')

ice, Chairman of Marin Child

Guidance Committee, Chairman

of the Kentfield Community.

Chest Drive and a founding mem-

ber of the Interracial Committee -

in Reading, Pennsylvania. She

has a daughter who is a lawyer

and another daughter who is a

senior at the University of Cal-

ifornia. Mrs. Holmer resides in

Kentfield.

Morain

Lloyd L. Morain is a member of

the firm of Lloyd L. Morain and

Arthur Stone Dewing, Inc., per-

sonal business' advisors. He is

president of the International So-

ciety for General Semantics and a

director of the American Human-

ist Association, of which he was

president from 1951-1955. Mr.

Morain was at one time a member

of the board of the Planned Par- |

enthood Association of Massachu-

setts and, in 1952 he was a

founding director of the Interna-

_ tional Humanist and Ethical Union.

He is co-author with his wife of

Humanism as the Next Step, pub-

lished by Beacon Press. Mr. Mo-

rain is an officer or director of

13 business firms including Bunte

Chase Candy Co., Illinois Gas Co., -

Leadville Lead and Uranium Co.,

Hazardville Water Co. and North-

ern Illinois Telephone Co. He and

his wife reside in San Francisco.

Mrs. Skolnick

Mrs. Alec Skolnick is the wife

of a psychoanalyst and has three

children. She graduated from

Wellesley College in 1937 and did

graduate work in social economy

at American University. At one 0x00B0

time she was an economist for the

OPA and she also did sociological

. and public opinion research for

the OWI, Princeton University

and the Rockefeller Foundation.

Mrs. Skolnick is presently Execu-

tive Secretary of the Mid-Penin-

sula Council for Civic Unity of

which she is a one-time president.

She is chairman of a Survey of

Employment Opportunities for

Minority Groups in the San Mateo

area, the interviewing for which

is being done by graduate stu-

dents at Stanford University. Mrs.

Skolnick is also Vice President of

the League of Women Voters of

San Mateo, where she resides,

and chairman of the League's

study group on individual liber-

`ties. She was recently appointed

to a committee to select a site for

a San Mateo Junior College.

Fred Smith

Fred H. Smith, IV, has been in

the office machine and supply

business in San Francisco since

1946, specializing in duplicating

machines and automatic envelope

stuffing equipment. He gradu-

ated from Princeton in the Class

of 1930. Mr. Smith served on the

board from 1950 to 1956,-much of

the time as treasurer. He and his

wife and son reside in Kentfield.

ACLU NEWS

November, 1957

Page 3

Teachers'

Rights as

Citizens Defended

The American Civil Liberties

Union last month called on all

American universities to examine

a statement by the Association of

American Universities which the

Union asserts to be a denial of

"fundamental principles of aca-

demic freedom and civil liberty."

The statement, adopted in 1953 _

at the height of McCarthyism

when schools and colleges were

under attack for harboring al-

leged . Communists, concerns

teachers "loyalty" and candor,

membership in the Communist

Party and cooperation with pub-

lie investigations of Communist

influence,

Univ. of Michigan Case

The Academic Freedom Com-

mittee of the ACLU, headed by

Dean Louis M. Hacker of Colum-

bia University's School of General

Studies, offered its first public

comment on the AAU policy in -

a 15-page report which also urged

the University of Michigan to re-

consider the 1954 dismissal of As-

sociate Professor Mark Nickerson

and Dr. H. Chandler Davis. The

_ ACLU group said its recent com-

pletion of a review of the Univer-

sity of Michigan action reveals

the dismissals to be the first-

known official application of the

AAU policy, and thus calls for

comprehensive criticism by the

ACLU at this time.

Prof. Nickerson was dismissed

on the ground that Communist

Party membership and continued

adherence to Communist Party

principle disqualified him as a

- teacher and because of failure to

inform the university of his past

Communist . Party membership.

Dr. Davis was discharged when

- he refused to answer to anyone

about alleged Communist associa-

tions and political activities, on

the ground that such questions in-

fringed on his right of belief and

association and violated academic

freedom.

In urging re-study of the AAU

policy, the ACLU committee told

of the great harm which has been

done. "Teachers who have been

dropped because of the applica-

tion of principles like those set

forth in the AAU statement find

themselves virtually denied sig-

nificant institutional appoint-

ments . . . public relations consid-

erations and institutional conser-

vatism, if not an actual blacklist,

separate `such persons from any

real future as scholars .

"It is imperative that faculties

in American higher education ex-

amine the assumptions which

have led to the creation of a

group of academic pariahs; a de-

termination must be made wheth-

er these assumptions are consis-

tent with intellectual freedom in

a democratic society."

While noting that the AAU

statement contained many excel-

lent declarations on intellectual

freedom and the freedom of

_ teachers, the Academic Freedom

Committee called attention to

other sections which run counter

to these declarations:

Teacher Has Ordinary Rights

1. To the assertion that a teach-

er by "`ill-advised_. . . public acts

or utterances, may do serious

harm to his profession, university

The first right of a citizen

Is the right

To be responsible.

and the general welfare," the

ACLU unit answered that the

AAU failed to recognize that the

teacher has "ordinary rights as

an ordinary citizen, and that he

does not surrender those rights

because he holds an academic po-

sition.

"He has the right to be irritat-

ing, foolish, socially unpalatable,

or politically extreme. His educa-

tional institution has no jurisdic-

tion over his life as a citizen; on

the contrary, it has the obligation

to make clear that unfavorable

social judgments outside the uni-

versity will not be allowed to af-

fect his institutional status."

2. The concept of "loyalty" set

forth by the AAU, the ACLU

said, does not take into considera-

tion that in recent years the word

has been used "with every kind

of meaning, and too often as a

criterion by those in power

against their critics. Frequently

it has weakened the voice of a

`loyal opposition' or silenced the

individual critic in a democracy.

Universities and their administra-

tors should not involve them-

`selves in this area. Loyalty to the

idea of learning is the only con-

cern of the educational institu-

tion."

3. Differing with the AAU's

stand that a teacher should an-

swer any questions put to him by

legislative investigating commit-

tees and seek to cure the abuses

of such inquiries only by the "nor-

mal channels of informed public

opinion," the ACLU committee

said "Refusal to answer may in

fact be the quickest, surest road

to correction of abuse-and per-

haps the only way.

"There is ample record in sup-

port; in many important cases,

individuals have refused to co-

operate, been charged with con-

`tempt and ultimately acquitted.

In such situations the final deter-

mination has held the non-cooper-

ator right and the investigating

committee and the U.S. Congress

wrong; an individual who has the

judgment to anticipate and cour-

age to force the outcome should

be congratulated rather vay cor-

rected."

A decision whether a teacher

should cooperate with an investi-

gating committee is for the indi-

vidual and his attorney to make,

and no one else, the ACLU said.

Automatic Disqualification

4. In comment on the AAU po-

sition that present Communist

Party membership automatically

disqualifies a teacher for univer-

sity employment, the ACLU com-

mittee emphasized that Party

membership in some instances

has stood for conspiratorial activ-

ities, and in other instances for

lawful political activity. Reject-

ing the standard that Party mem-

bership alone is a ground for dis-

missal, the ACLU said: "The ba-

sic issue is the competence and

integrity of the individual teach-

er. 99

5. The ACLU committee also

differed with the AAU view that

a teacher owes his colleagues in

the university. and the public

complete "candor and perfect in-

tegrity" with respect to his po-

litical activities, and set down

AMERICAN CIVIL LIBERTIES ohiOn

OF NORTHERN CALIFORNIA

Patrom Membership ....... 0.15. .0.5..7.... (c). 2 $100

Sustaining Membership ..5.......-..,..-...... 50

Business and Professional Membership ...... oe. 25

Family Membership... 2.0 22)... 3. 10

Apnual Membership ....52.0.0.-. 5. i

Junior Membership (under 21) ......0.....00000- oe 2

ACLU News Subscription ............cent. /0... 4. $1.50

NAME ......... ee

ADDRESS 2. a ee

TEEERRONE NUMBER==.. =... .::.

":.. AMT. ENCLOSED... 2... 5...

503 Market Street

Francisco, 5

Letters to the Editor...

SUBLIMINAL ADVERTISING

Editor:

Enclosed isa copy of a letter

which I have sent to Senators

Knowland and Kuechel and Rep-

resentative John J. Allen, Jr.,

urging legislation against subli-

minal advertising.

I urge that your organization

take a strong stand against this

method of invading the uncon-

scious mind of the American

public. If this form of opinion

shaping were to get under the

control of ruthless persons, the

mind of practically every citizen

could be considered against civil

liberties and a_ dictatorship

would be the natural conse-

quence.-Hans H. Leschke

Legislation Urged

Dear Sir:

During the last few weeks sev-

eral articles and syndicated co-

lumns. have described a new

method of advertising referred

to as "Subliminal Advertising."

I am writing to urge that legisla-

tion be introduced to prohjbit the

use of such a method as an ad-

vertising medium or its use in

any way to sway public opinion.

Briefly, "Subliminal Advertis-

ing" is described as follows: A

short advertising message, such

as "Eat Popcorn," is superim-

posed on a television picture or

movie screen for three millisec-

onds (3/1000 of a second) at re-

gularly spaced intervals. The du-

ration of this flash is so short

that it does not register in the

conscious mind. The audience is

not aware of it. However, the

message does register in the un-

conscious mind and influences

the purchasing pattern of the

viewer in spite of his conscious

inclinations.

Trial Run

These claims are substantiated

`by reports on the results of a

trial run in a New Jersey movie

these guide lines: (a) the teacher

undoubtedly owes candor and in-

tegrity to his colleagues on all

matters which clearly relate to

his academic function; for exam-

ple, if there is substantial evi-

dence that his lectures and read-

ing lists are slanted in favor of

a religious, political, or economic

doctrine, he may be asked the be-

liefs'he holds in the relevant area,

But this investigation should

be carried out by the institution,

not by a public investigating

body, and should be initiated

only where there is "substantial

evidence" that the teaching func-

tion is not being properly done;

(b) there are many activities,

having no bearing on the teaching

function, about which a teacher

need not offer candor or "and in-

formation at all" to his colleagues.

Marin Teacher

Ousted for

Failure to Talk

On October 22, over the pro-

tests of 64 parents, the Dixie

School District. near San Rafael

voted 3 to 2 to oust a seventh

grade teacher for refusing to tes-

tify before the House Committee

on Un-American Activities last

June.

The action was taken under the

State's Dilworth Act which re-

quires school teachers to answer

the questions of legislative inves-

tigating committees.

Edward L. Hanchett, 45, who

teaches at Mary E. Silveira

School in Marinwood, also had

the support of Superintendent

of Schools Dennie B. Willis.

Willis described Hanchett as "an

excellent teacher" and said, `"`we

don't want to lose him." Hanchett

has been teaching in Marinwood

since last February.

At last June's Un-American.

Activities hearings, Hanchett tes-

tified that he had not been a

member of the Communist party

since 1951, but he refused to an-

swer other questions. Hanchett

said he refused to answer the

questions because he didn't want

to "name persons I believed to

be innocent."

theater. The phrases "Eat Pop-

corn" and `Coca Cola" were

flashed alternately on the screen

at five second intervals during

the showing of a picture. Pop-

corn sales during intermission

increased 58% and Coca Cola

sales increased 18% over average

consumption. The explanation of

the difference in results achieved

is clearly the use of a "com-

mand" word in the popcorn mes-

sage.

There are many types of ad-

vertising which are in poor taste

--snob appeal, faked authority

(actors posing as M.D.'s), ete-

but the buying public retains

freedom of choice. When, how-

ever, free choice is denied, by

influencing the unconscious

,mind, we are in danger. This is

a denial of the fundamental

concepts of liberty which have

made ours a great nation-the

right of every individual to make

conscious decisions governing his

behavior. When we resort to

"brain washing" in any form to

achieve any end, good or bad, we

are lost as a free nation.

Opinion Shaping

Subliminal advertising is dia-

bolical in its cleverness. If the

expression "Subliminal advertis-

ing" is changed to "subliminal

opinion shaping," the picture

becomes alarming. It requires

little imagination to foresee the

conflicts created in the minds

of citizens by the multiplicity of

eontradictory "command

phrases."

It might be argued that if sub-

liminal advertising is used only

for legitimate advertising of ap-

proved products no harm can

come of it. First, as already

stated, this method is not legiti-

mate under any condition. Sec-

ond, it would be impossible to

monitor. No regulatory agency,

large or small, could see the

message due to its inherent

method of operation.

Insidious Threat

The only way to halt this in-

sidious threat to free choice is

prohibitive legislation against

the manufacture, sales, or opera-

tion of apparatus which can be

used in this way to influence the

public. I urge that you and your

staff study this matter and that

you initiate the necessary legis-

lative steps. I stress the urgency

NYCLU Protests

Action on "Huck Finn'

The NYCLU denounced as

"absurd" the action last

month of the New York

Board of Education dropping

Mark Twain's "The Adven-

tures of Huckleberry Finn"

from approved textbook lists

for city elementary and ju-

nior high schools.

Urging that the ruling be

immediately rescinded,

NYCLU executive director

George E. Runquist wired

Superintendent of Schools

Jansen:

"The Civil Liberties Union

is not concerned with whe-

ther this book is categorized

as a textbook. What does

concern us is an _ action

which, according to press re-

ports, smacks strongly of

- censorship. Our objection is

directed squarely at the re-

moval of books-in this case

_at the removal of a book

which ... has come to be

regarded. as a classic. .

"Must we emulate the So-

viets and rewrite history and

the classics to conform with

the views of certain individu-

als `and groups? ... We

shudder to think what would

remain if all books which are

in any way offensive to some

people in this country were

removed as `Huck Finn' has

been. If we adopt this crite-

rion for evaluating the worth

and merit of books, the day

may come when our litera-

ture will consist of obituary

notices, telephone books and

dictionaries. And perhaps, if

someone finds a word objec-

tionable, not even diction-

aries."

for quick action, before substan-

tial sums of money have been in-

vested for further research and

installations. It is always more

difficult to pass legislation

when individuals or groups stand

to suffer heavy financial losses

as a result.

Imagine ``Subliminal Election-

eering" used against you by an

unscrupulous opponent or freely

used by both parties in an elec-

tion campaign. I am not a psy-

chologist, but I would hazard a

guess that this scheme used by

both sides in an election could

drive a large percentage of vo-

ters into neurosis. I am confi-

dent, however, that as an elected

official you will act to preserve

the right of Americans to exer-

cise conscious freedom of choice

in selecting their purchases,

forming their opinions, and elect-

ing their officials.

= Census and Religion

Editor: I do not intend to an-

swer the religion question on the

census ('60). When this comes

up I am willing to be a "test"

case if you need one. I will not

answer it on the grounds that (1)

it is impossible for me to state

my religious convictions briefly,

(2) the question forces me to

form an opinion on religion,

which is a demand on my thought

processes, (3) any statistics de-

rived could be used as propagan-

da by the major faiths to the det-

riment of minor faiths and the

atheists, (4) if the question is

mandatory it demands an opinion

and the Government has no legal

ground to conduct opinion polls.

-Fred G. Mendenhall

False Imprisonment

Editor's Note: George Olshau-

sen, San Francisco attorney and

a member of the ACLU has sent

the NEWS the following copy of

his letter to the Department of

Alcoholic Beverage Control pro-

testing against lawless action by

one of the department's agents.

Gentlemen: This letter reports

an act of lawlessness by one of

your agents occurring last night

(October 16) at about 11:45 p.m.

at "The Place," 1546 Grant Ave-

nue, San Francisco.

Stopped at Door

As I was about to leave I was

stopped at the door by a man

who showed a badge of the De-

partment of Alcoholic Beverage

Control, but without any identify-

ing number. In answer to ques-

tions, he said that his number

was "85" and his name `Agent

Podretti." He stood with his back

against the door, so that it was

impossible to leave without us-

ing physical force. This con-

tinued for about five minutes. I

told him I wanted to get home

by midnight; he answered:

"Yowll have to wait," or words

to that effect. He said he was

checking for minors. I am 52

`years old; have been practicing

law for 31 years. :

Refusing to allow me to leave

the premises was, of course, false

imprisonment. The agent said it

was "just a routine check". If .

this kind of procedure is ``rou-

tine", it is worse than if it were

an isolated case. (It is the first

time it has happened to me.) It

would mean that the Department

habitually resorts to illegality

generally, and to false imprison-

ment in particular.

Detained Five Minutes

At the end of about five min-

untes he moved away from the

door and said, `""Now you can go".

If this is the way the Depart- |

ment now operates, it is high

time that the matter came to

public attention, so that an end

may be put to such illegality. If

it was the act of a single agent,

the Department should dissociate

itself by imposing proper disci-

pline.

NOTE: Norbert Falvey, San

Francisco head of the State agen-

cy, is quoted in the "San Fran-

cisco Examiner" as saying `that

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remained in the bar voluntarily.

ACLU NEWS |

November, 1957

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