vol. 25, no. 10

American

-Cwil Liberties

Union

Volume XXV

Nuclear Testing Petition

San Francisco, California, October, 1960

The American Civil Liberties Union charged last month

that a demand by the Senate Ifternal Security Subcommittee

that nuclear scientist Dr. Linus Pauling turn over the names

of scientists who helped him circulate a 1958 petition to the

United Nations protesting nuclear testing is an. "unconstitu-

`tional invasion of the First

Amendment guarantee of free

speech and association."

- Hearing Set For Oct, 11

The ACLU statement came as

Dr, Pauling moved in the federal

courts to postpone a subcommit-

tee hearing until the courts can

rule on the merits of his refusal,

on constitutional grounds, to pro-

vide the names. A motion for a.

declaratory judgment has been

denied by the Federal District

_ Court and the U. S. Court of Ap-

peals in Washington, D. C.,.and

an appeal is now before the U. S.

Supreme Court. The subcommit-

tee first scheduled the hearing

for September 15, but later put it

back: to October 11, one day after

the Supreme Court is slated to .

hand down its first decision of

the new term.

Political Opinion

"The right of petition is one of

-civil liberties' most prized ele-

ments,' the ACLU statement

said. "The First Amendment

squarely forbids government in-

terference with the individual's

voicing of political opinion, no

matter what form Such expres-

sion of opinion takes. We realize

that the Supreme Court, in its

1959 5 to 4 Barenblatt decision,

recognized that properly author-

ized congressional committees

have broad investigating power

in the national security field, in-

cluding in some cases the power

to probe an individual's Commu-

nist beliefs and associations. But

we believe that the Pauling case

is clearly distinguishable from

that decision and that the sub-

committee's demand is an uncon-

stitutional invasion of the First

Amendment guarantee of free

speech and association.

Reprisal and Harassment

"Dr, Pauling has answered, in

the negative, questions pertain-

ing to his association with the

Communist Party. He has of- 0x00B0

fered to submit the full petition

and the total list of scientists who

received the petition. He refuses

only to make public the names of

those who actively assisted him in

circulating the petition because,

on grounds of conscience and the

First Amendment, he does not

want to subject them to economic

reprisal and harassment. Lest we

forget, it has been only a few

`short years since, in a period of

national security anxiety, many

persons named in congressional

investigations suffered economic

and social penalty. And some

continue to suffer."

Separation of Powers

The ACLU statement empha-

sized that Dr. Pauling's request

for court determination of the

subcommittee's authority was an

effort to protect a private citizen

before he places himself in jeo-

pardy of contempt of Congress.

The request to the courts in no

way interferes with the workings

of Congress, so there is no breech

of the separation of powers, the

ACLU said. "There seems to be

little reason why the courts can-

not now adjudicate this question,

before Dr. Paulingitaces the awe-_

some alternative of complying

with the subcommittee's request

or facing a year in jail for con-

tempt of Conary After a re-

fusal to answer . ., the question,

a court would have to make the

same determination anyway -

whether the request was lawful or

within the powers pt Congress."

Staff Counsel

Wanted!

The position of Staff Counsel

for the ACLU of Northern Cali-

fornia has just become vacant by

reason of the resignation of Al-

best M. Bendich. As reported

elsewhere in this issue, Bendich

has secured a teaching position in

the Speech Department at the

University of California, after

holding the Staff Counsel's job for

more than three years.

The need is for a competent

young attorney wit!) experience

in. the practice of law in Califor-

nia, who is dedicated to the cause

of civil liberties. It's a full-time

job, and the holder of it will be

expected NOT to engage in the

private practice of law.

The salary range is from $6000

to $8400 per year.

Applicants should write to Er-

nest Besig, Executive Director, at

503 Market Street, San Francisco

5, California, giving brief his-

tories and stating their qualifica-

tions for and interest in the posi-

tion. Personal interviews will

follow.

Number 10

ACLU Annual

eeting Sei

For Nov. 12

ACLU members and_ their

friends should encircle November

12 on their calendars, for on

that date Professor Robert B.

McKay will address the 26th An-

nual meeting at the new Jack

`Tar Hotel, The lecture meeting

will begin at 8 p.m., in the El

- Dorado. Room, followed by a so-

cial hour and refreshments.

Mr. McKay is a visiting profes-

sor of Constitutional law at the

University of California. His

topic, "Speaking Up for Silence,"

will be concerned with "some

new problems of first amendment

rights, particularly speech, and

probably contrasted with the

right ef silence stemming from

the fifth. amendment."

Sharing the. program will be

Executive Director Ernest Besig

who will give his annual report,

"The State of the Union."

A social hour will follow, with

refreshments served. -

The annual meeting is open to

the public and is an excellent op-

portunity for members to intro-

duce their friends to the purposes

and activities of the Union.

Tickets Now Onze Sale

Tickets will be sold in advance

through the office and at the door

for $1 per person. This price in-

cludes the refreshments, Mrs.

Alec Skolnic,0x00B0 chairman of the

Education Committee

plans. the annual meeting, an-

nounced that the committee

would appreciate members order-

ing their tickets in advance so

that attendance and refreshments

can be estimated. She added,

"And please bring your interested

friends and potential members."

A coupen for ordering tickets

is printed on this page. Please

return your order withea self-ad-

dressed, stamped envelope.

Profesor: `McKay was a member

of the New York Civil Liberties

Union and of the Due Process

Committee of the American Civil

Liberties Union. He received his

law degree from Yale Law

School and is now on the faculty

of New York University Law

Sehool.

Uphold Right to Counsel for

Indigent

lisdemeananis

_ Attorney General Stanley Mosk handed down an opinion

on August 24 holding that the "appointment of counsel is re-

quired in all misdemeanor cases where the defendant re-

quires the aid of such counsel and is financially unable to

employ one." The opinion was requested by the District

Attorneys of Merced and Yolo

counties and the County Counsel

of Fresno County and reflects the

almost general practice in Cali-

fornia's smaller counties of deny-

ing counsel to indigent misde-

meanants who request it. Since

the opinion is merely advisory,

there is no assurance that the in-

ferior courts will conform to it.

No Compensation for Lawyers

"Attorneys who are appointed

to represent indigent misdemean-

ants are not entitled to compen-

sation from the county for their

services in the absence of legis-

lation specifically authorizing

such payment," the opinion went

on to say. Also, public defenders

are not required to represent in-

digent misdemeanants unless such

duty is imposed by the county

charter. In San Francisco, the

public defender's office does rep-

resent indigent misdemeanants

who request such help.

Petition Before Judicial Council

Last June the ACLU asked the

California Judicial Council to

adopt a rule requiring Justice

Courts to appoint counsel-for in-

digent misdemeanants who re-

quest it. The matter is still pend-

ing before the Council.

The ACLU's request sprang out

of a situation in Butte County,

where in all but one of the Jus-

tice courts the judges have re-

fused to appoint counsel for in-

digent misdemeanants. The claim

is made that the law doesn't re-

quire such appointment, although

the appellate courts in dicta, Su-

perior Judge Ralph McGee of

Placer County in an ACLU case,

and now the Attorney General

have said otherwise.

Helping the Defenseless

The State Constitution (Article

1, Section 13) provides that "In

criminal prosecution, in any court

whatever, the party accused shall

have the right...to appear and

defend in person.and with coun-

sel." Some judges have been re-

luctant to appoint counsel be-

cause there is no way of `paying

them. On the other hand, it is

the `regular practice in Federal

courts for lawyers to accept ap-

pointments in indigent cases. Cer-

tainly, lawyers have a duty "never.

to reject, for any consideration

personal to themselves, the cause

of the defenseless or the op-

pressed."

which.

IN THIS ISSUE...

Albert Bendich Resigns as Staff Counsel 0

Ban on Birth Control Devices Challenged 00

Brief Attacks Registration of Red Groups 2.0... cece

By-Laws of ACLU of Northern California, ee

Oppose Prouty Amendment to N.D.E.A. oon

White Children Barred from Public School 0200 eens

PRPVIVS

RP NH W DN PO

Annual Elections

The ACLU of Northern California last month announced.

the election of eight persons to its Board of Directors, the

re-election of five persons, and the election of Board officers

for the new fiscal year beginning November 1.

Three of the new members served previously on the

Board, but have been absent from

it for at least a year. All three

fill unexpired terms which term-

inate Oct. 31, 1961. They are

- Professor Van D. Kennedy of the

University of California, Profes-

sor Seaton W. Manning of San

Francisco State College, former

director of the Bay Area Urban

League and William M. Roth, bus-

inessman.

Five Brand New Members

embership

Figure at

igh of 4581

On August 31 the membership

of the ACLU of Northern Califor-

nia reached 45810x00B0 the highest

point in the Union's history, This

was a gain of 260 members over

the figure at the same time a

year ago, In addition, the ACLU

had 174 separate subscribers to

the NEWS, ere to 155. a

year ago.

Eighty percent of the ACLU's

supporters reside in the following

30 northern California communi-

ties which have 20 or more mem-

bers and subscribers: .

San -Eranciseo.... === 1058

Berkeley. 22 22 =, 927

Palo Alto. eo 243

Oakland e210)

Sacramento... 235. 2.5... 137

Milly alley 22005 1A

Menlo Park _..._...... fo ee 96

wan: Mateo... == 2 86

Olanlord 332s Se TT

BE Cerrito: 2 ee 4

Nal JOs@ ee 2

LosisAl0S: = 2 ee 65

Richmond = 22 = G68

Sausalito 3 ee 8

San-Ratael =. 57

DaVviss 3 = Se 52

Redwood City ........... eee Ot)

Bresno 3553 55 45

santa Cruze 3 2 = ae 38

Hallsboroush 2. = = 36

Orinda = 88

Stockton: = 22 = = 33

. Walnut Creek =. = 838

Carmel = 80)

LOS. Gatos a

Albany 25 3 28

Latayette =... 8

San Anselmo 723

Corte Madera _..... 21

21

Kentfield 33. Se

who have not previously served

on the Board, have been elected

to full three-year terms begin-

ning November 1. They are Pro-

fessor Arthur K. Bierman, De-

partment of Philosophy, San

Frartcisco State College; John J.

Eagan, attorney, who is associ-

ated with the California Pacific

Title Insurance Company; Profes-

sor Charles Muscatine, of the

English Department at the Uni-

versity of California: and Greg-

ory S. Stout, San Francisco crimi-

nal lawyer.

The following four persons

who have served three-year terms

on the Board have been re--

elected for three-year terms.

They are Richard DeLancie, San

Mateo, president of the Broad-

view Research Corporation, Mrs.

Paul Holmer, Kentfield, former

president of `the League of Wo-

men Voters of California and

now serving on its national board,

Lloyd L. Mocain, San Francisco, a

"member of the firm of Lioyd L.

Morain and Arthur Dewing, Per-

sonal Business Advisers, and Mrs.

Alec Skolnick, San Mateo, who

is active in many community or-

ganizations,

Robert Hardgrove, who oper-

ates a public relations buisness

in San Mateo, was elected to a

full three-year term after filling

a one-year unexpired term on the

Board.

o

Fred Smith Retires

Fred H. Smith IV, the Union's

treasurer, asked not to be re-

nominated for another term be-

cause of the pressure of business.

Three valued members of the

Board will retire on October 31

because of the Board's present

rule that after serving two con-

secutive three-year terms, a mem-

ber must drop out for a year be-

fore becoming eligible for re-

election. The three persons are

Mrs. Alice G. Heyneman, who is

active in Berkeley civic groups

and has served on the Board

sinee March, 1952: Stephen Thier-

mann, Executive Secretary of the

American Friends Service Com-

mittee in San Francisco, who has

served on the Board since 1951;

and Clarence E. Rust, Oakland at-

_torney, who, with the exception

of two founders, Helen Salz and

Dr. Alexander Meiklejohn, has

served on the Board longer than

any other person. He was elected

-Continued on Page 3

American Civil Liberties Union

593 Market Street

San Francisco 5 |

wack Tar Hotel,

Envelope.

I enclose $...,

Name (please print)

Address

Order Form for

Annual Meeting Tickets

Please send me ..... ... 26th Annual Meeting ticket(s),. at $1 per

person, to hear Professor Robert B. McKay, November 12 at the

(c) (c) 01 0)10' 6 (a (c) Ole 0 0 09s (c) 1666 00 8.0 8 6 6 6 0 0 eo Oo 6 2 6 0

SS

LE PBS SEO SO A: 8 TO) On 0. 1026 Our e 0) 501, O18 0.0 6.80 O26. 0: 0 cee. 8 o U8 w Onis iehinite oh ele ee: "

. and a self-addressed, stamped

AMERICAN CIVIL LIBERTIES UNION N EWS

Published by the American Civil Liberties Union of Northern California

Second Class mail privileges authorized at San Francisco, Calif.

ERNEST BESIG .. . Editor

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

Subscription. Rates-Two Dollars and Year

Twenty Cents Per Copy

Philip Adams

Theodore Baer

William K. Coblentz

Richard De Lancie

_ Samuel B. Eubanks

John M. Fowle

Howard Friedman

Rev. Oscar F. Green

Zora Cheever Gross

. Robert H. Hardgreve

Alice G. Heyneman

Mrs. Pau! Holmer

Rev. F. Danford Lion

Prof. Seaton W. Manning

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Rabbi Alvin I. Fine

-VICE-CHAIRMEN: Dr. Alexander Meiklejohn, Helen Salz

SECRETARY-TREASURER: Fred H. Smith, IV

HONORARY TREASURER: Joseph M. Thompson .

- HONORARY MEMBER: Sara Bard Field

EXECUTIVE DIRECTOR: Ernest Besig

Prof. Van D. Kennedy

Lloyd L. Morain

William M. Roth

Clarence E. Rust

Rev. Harry B. Scholefield

Mrs. Alec Skolnick

Mrs. Martin Steiner

Stephen Thiermann

Franklin H. Williams

Harold Winkler

GENERAL COUNSEL

Wayne M. Collins

`Conn. Law Before High Court

The American Civil. Liberties Union last month called

`upon the United States Supreme Court to declare unconstitu-

tional Connecticut statutes which forbid. persons to use and

physicians to dispense information about contraceptives. Such,

prohibition, the Union asserted, violates the right of privacy

guaranteed. by the due process

ose of the 14th Amendment.

"State `Gopets Brief

' The ACLU's beliefs were de-

tailed in a friend of the court

-brief which it asked the high

tribunal to consider in connection

with an appeal by two. patients -

and a physician from a Connecti-

cut Supreme Court of Errors de-

cision validating the disputed

statutes. Permission was sought

because Connecticut's Attorney

General, John J. Bracken, has re-

fused consent to the filing of a

brief on behalf of the national

-ACLU and its affiliated Connecti-

cut Civil Liberties Union.

' Power to Regulate Intercourse

"The Connecticut statutes in

issue, on their face, seek to regu-

late an aspect of marital conduct

that is inherently private and be-

yond the reach of government,"

the ACLU brief claimed. "As ap-

plied, those statutes assert the

power to withdraw from appel-

Jants the right to engage in sex-

ual intercourse. This asserted

power is in such complete con-

flict with accepted medical prac-

tice and with the vastly over-

whelming practice of the commu-

nity, that it is arbitrary and there-

fore unconstitutional." The laws

also "unreasonably interfere"

with a physician's right to prac-

tice his profession, the brief add-

ed.

Decter and Two Patients

Involved

The test cases of the controver-

sial Connecticut laws were

brought by two young married

women identified only as Poe

and Doe, the husband of one, and

Dr. C. Lee Buxton, whom they

consulted on means to prevent

pregnancies. Dr, Buxton is chair-

man of the department of obstet-

yics and gynecology at the Yale

University: School of Medicine

and the Grace- New Haven Com-

munity Hospital. One of the

women already has borne three

babies with multiple congenital

abnormalities "inconsistent with

life.' The other suffers from

severe physical and emotional ail-

ACLU NEWS

October, 1960

Page 2

ments `which ` `almost inevitably"

would cause ther death if she be-

came pregnant.

In support of its premise, the

ACLU observed that the Connec-

ticut statutes invade an area of

privacy which touches "the mar-

row of human behavior.

Right to Sexual Union -

"Among those inviolable inci-

dents of marriage, and the human

love on which it is based, is the

right to express that love through

sexual union, and the right to

bear and raise a family," the brief .

stated. "No other rights are en-

titled to greater privacy than that

normally bestowed upon the acts

of intercourse..and procreation.

Nonetheless, Connecticut has pre-

sumed to assert the power to reg-

ulate the conduct of its citizens

by notifying them that although

the state will tolerate sexual in-

tercourse between spouses, it will

not tolerate such intercourse un-

less they abstain from the prac-

tice of regulating the frequency

of pregnancy.. They must, says

Connecticut, forbear from plan-

ning the size of.their family re-

gardless of their physical condi-

tion, their desires or their means."

Manifest Unreasonableness

The. unreasonableness of the

law is "manifestly established" in

the present .case, said ACLU,

pointing out that the women pa- .

tients have no such choice since

pregnancy would threaten ` the

life of one and the health of the

other, .

While the practice of medicine

is subject to: reasonable state reg-

ulation, the state has no right to

tell a physician how he -should

-rninister to his patients, the AC-

LU .asserted. This right is not

only protected by the 14th Amend-

ment, but should be guarded in

the same manner that. teachers

should enjoy academic freedom.

"The preservation of (the) spirit

of free inquiry is as vital to the

development of medical science

as it is to academic freedom," the

Union concluded.

The brief was prepared by Os-

mond K. Fraenkel, a_ general

counsel of the ACLU, and Jerome

E. Caplan of Hartford, Conn.,

chairman of the Connecticut

CLU.

BY-

LAWS

of

AMERICAN CIVIL LIBERT

IES UNION

of Northern California, Inc.

As Amended April 14, 1960

ARTICLE I0x00B0

Name

The name of this organization .

shall be the American Civil Lib-

erties Union of Northern Cal-

ifornia.

ARTICLE It

Headquarters

The headquarters of the Union

shall be in San Francisco.

ARTICLE II

Affiliation

This organization shall fune-

tion as an affiliate of the Amer-

ican Civil Liberties Union, Inc.,

of New York.

=

ARTICLE IV

Object

Its object. shall be to maintain

the rights of free speech, free

press, free assemblage and other

civil rights and to take all legiti-

mate action in furtherance of

such purposes. The Union's ob-

ject shall be sought wholly with-

out political partisanship.

ARTICLE V

Membership and Dues

All persons wishing to further

the purposes of the Union `are

eligible for membership. Mem-

bership is established by signing

an application and paying the an-

"nual dues. Dues shall be fixed by

the Board of Directors.

ARTICLE VI

Board of Directors and Officers

la. The direction and adminis-

{ration of the Union shall be un-

der the control of a Board of Di-

rectors of not less than fifteen

(15), nor more than thirty (30),

members. The Board of Directors

shall meet once each month, at a

time and place fixed by the

Chairman, or on request of five

or more of its. members. Mem-

bers of the Board who fail to at-

tend five consecutive meetings

without explanation may be

dropped from membership in the

Board by a majority vote of all

of the members of the Board.

Seven members of `the Board

shall constitute a quorum.

b. Members of the Board of

Directors. shall be elected for

three-year terms, and are eligible

for two full consecutive three-

year terms. Prior election to un-

"expired terms' shall be permis-

sible in addition to the two full

terms. After having served two

consecutive terms, members shall

again become eligible for election

only after at least one year's ab-

sence from the board, and they

shall continue to be eligible for

election for periods of two full

consecutive three-year terms, so

long as such periods of service

are interrupted by at least one

year's absence from the board.

e. An exception to the forego-

ing provisions shall be made in

the cases of board members who

served on the original Board of

Directors. After the expiration of

their present terms of office, said

board members shall hold office

for life, with full voting rights.

Such life members shall not be

counted in determining the maxi-

mum membership of the Board of

Directors.

d. Each year, at the April

meeting of the Board of Direc-

tors, a committee of five persons.

composed of two members of the

Board of Directors and three

members of the American Civil

Liberties Union who are not

members of the Board of Direc-

tors, shall be appointed by the

Chairman to serve as a nominat-

ing committee to nominate per-

sions to fill Board of Director

terms expiring during-the cur-

rent year as well as any unex--

pired terms that may be vacant.

The committee shall report its

recommendations to the Board of

Directors at the September meet-

ing, the proposed nominations of

which shall be subject to ap-

proval or chahige by the Board of

Directors at the said meeting.

e. Every year, the April issue

of the A.C.L.U, NEWS shall carry

an invitation te the Union's mem-

bership to suggest names to the

nominating committee, and such

names must reach the Union's

office not later than April 30 in,

order to receive consideration.

The nominating committee shall

consider such suggestions but

shall not make any nominations

until after April 30.

f. In addition to the foregoing

method of proposing names to the

nominating committee, members

may make nominations directly

to the Board of Directors in the

following manner: Not later than

August 1 of each year, nomina-

tions, may be submitted by the

membership directly to the Board

of Directors, provided each nomi-

nation be supported by the signa-

tures of 15 or more members in

good standing and be accom-

panied by a summary of qualifi-

cations and the written consent

of the nominee.

2a. The officers of the Union

shall be: a Chairman, two Vice-

Chairmen, a Secretary-Treasurer,

and an Executive Director, who

shall -be elected by and -hold of-

fice at the pleasure of, the Board

of Directors.

b. Officers of the Board of Di-

rectors shall. be elected annually

for terms beginning Novembey 1,

c. Each year at the April meet-

ing the chairman shall appoint

three members of the Board to

act as and Nominating Committee

for officers of the Board. The

Committee shall present its nom-

inations to the Board at the Sep-

tember meeting. .

3. The Chairman shall pre-

side at all meetings of the mem-

bership and the Board of Direc-

tors and act in cooperation with

the other officers and with com-

mittees as found necessary or

desirable.

4. The Vice-Chairmen shall act

in lieu of the Chairman in event

of the latter's absence or inability

to serve.

5. The Secretary-Tresurer

shall perform the usual duties of

such an office.

6. The Executive Director sha!l

conduct the office of the Union,

issue its monthly publication,

maintain minutes of ail meetings

of the Union and the Board of

Directors, keep the records of

membership and of receipts and

disbursements, handle all matters .

of civil liberties coming to the at-

tention of the Union between

meetings of the Board of Direc-

tors and report thereon at the fol-

lowing meetings of the Board; se-

cure the services of attorneys,

appear before public bodies on

behalf of the Union, and perform

`such other duties as may be as-

signed by the Board of Directers.

7. Such jother committees as

may -be- found necessary or de-

sirable may be elected or ap-

pointed as: determined by the

Board of Directors.

ARTICLE VIE :

"Ja. A geineral membership

meeting shall be held in San

Franeisco at least once each year

for the purpose of receiving re-

ports of activities during the pre-

ceding year, and considering such

other business as the Board of

Directors may lay before it.

b. Special meetings of the

members may be ealled at any

time by a majority of the Board

of Directors or shall be called by

the chairman on the written re-

quest of at least 10 per cent of

the membership. Any such peti-

tion and the notice of such ineet-

and

evidence of vitality,

Albert Bendich

Resigns As ACLU

Staff Counsel

Albert M. Bendich, Staff Coun-

sel of the ACLU. of Northern

California since August 7, 1957,

has resigned in order to accept 2

teaching position in the Speech

Department at the University of

California. Bendich had sue

ceeded Lawrence Speiser, who

served from Oct., 1952, until Au-

gust 1, 1957.

Academic Life Attracts

Bendich resigned because he

said the academic life was at

tractive to him, especially be

cause it will give him an oppor

tunity to write for legal journals

Bendich, 31, is a graduate of

California where he received his

A.B. M.A. (Economics) and

Tide degrees. He was admitted

te the practice of law in Califor-

nia in December, 1955. Before

coming to the ACLU he practiced

law in association with I. B. Pad-

way, a labor lawyer in San Jose.

Bendich is married and has

two children. He resides in Berk-

eley.

Free Speech Expert

During his very active ACLU

career, the energetic and hard-

working Bendich has become an

expert in the free speech area of

civil liberties. He cut his civil

liberties eye teeth on the Hewl

trial, After that he was success-

_ful in handling the appeals of

John and Inez Schuyten, who

were dismissed from teaching po-

_ sitions for failure to testify be-

fore the State Burns Committee,

and the appeal of Marion Syrek,

who was denied unemployment

insurance because he refused to

accept a referral to a State job

requiring a loyalty oath. He lost

4 to 3 before the State Supreme

Court in the case of librarian Re-

becca Wolstenholme,

dismissed from her job under the

Luckel Act for refusing to answer

`eertain political questions, but a

who was~

request for a hearing in that case ~

is pending before the U.S. Su-:

preme Court. He also secured re-

instatement to the M.E.B.A. of

Frank Lundquist who had: been

excluded for alleged political

reasons on which the Coast Guard

had screened him. ,

Bendich also represented

- Wendy Murphy and appeared in

other vagrancy cases. He success-

fully urged the right to counsel

for indigent misdemeanants be-

for the Superior Court in El

Dorado county, and he success-

fully resisted efforts of the: Im-

migration `Service to. exclude

`Rufus. Bean from the United

States after the. latter had been

convicted on a draft evasion

charge.

Credentials Cases .

Bendich has also appeared in

numerous administrative proceed-

ings, especially involving the de-

nial or revocation of teaching

credentials because of pacifism

or refusal to testify before the

House Committee on Un-Ameri-

can Activities. .

Bendich will continue to handle

`a few pending matters, especially

the Jack Owens case, which is

now pending before the State

District Court of Appeal.

ing shall state the purpose there-

of; notice shall be sent 10 cays

before the date set for such meet-

ing. No business other than that

specified in the notice of the

meeting shall be transacted. The

presence of 15 per cent of the

"membership at any special meet-

ing shall constitute a quorum.

2. Additional membership

"meetings for the transaction of

business indicated in the preced-

ing section shall be held at the

call of the Board of Directors. -

3. Luncheon, dinner, mass or

area meetings may be held or lee-

tures may. be sponsored, as di-

rected by the Board of Directers.

ARTICLE VHE

Chapters

The Union by a majority vote

of its Board of Directors may

grant a charter to any petitioning

local group in.Northern Califor-

nia which has given satisfactory

and devotion to, the objectives.

" -Continued on Page 4:

leadership .

THREE OF THE eight persons elected to ACLU Board of Directors. Reading from left to right, Prof. Nevitt San-

ford, Prof. Charles Muscatine and William M. Roth. The missing directors were unable to provide Photographs.

Continued from Page 1-

in November, 1938, and conse-

.guently has served `for 220x00B0 years.

He has not only been a valued

member of the Board but, in

addition, has handled civil liber-

ties cases. % -

Two Vacancies Remain

There are still two vacancies

on the Board, which result from

. the recent resignations of the

Reverend Robert W. Moon, who

has moved to Fresno and Frank-

lin H. Williams, Palo Alto, who

resigned because of his present

connection with the State Attor-

ney General's office. The By-Laws

provide for a board composed of

30 persons. '

Board Officers.

The: Board re-elected Rabbi

Alvin I. Fine as its chairman,

and Professor Alexander Meikle-

john and-Helen Salz as its vice-

chairmen, As a result of the re-

tirement of Fred H. Smith IV,

who was secretary-treasurer, the -

Board. elected John M. Fowle,

businessman and Mayor of- Los

Altos Hills, to succeed him.

Biographical Sketches

Following are biographical

sketches of the new members of

the Board:

_ Professor Arthur K. Bierman,

36, is associated with the Phi-

losphy Department at San Fran- -

cisco State College. He holds

BA, MA and Ph.D. degrees in

Philosophy from the University

of Michigan. He has been assc-

ciated with San Francisco State

College since 1952. He served in

the Navy. Air Corps in 1942-45.

He is president of the San Fran-

cisco State College Federation of

Teachers. He is married and the

father of two children.

John J. Eagan

John J. Eagan, 46, is a graduate

of UCLA and the USC Law

School. Following his graduation

he became associated for a num-

ber of years with the State Judi-

cial Council. Thereafter he en-

gaged in the private practice of

Jaw with the firm of Landels and

Weigel. in San Francisco, after

which he became associated with

the California Pacific Titile In-

surance Company where he now ~

holds the position. of Executive

Vice President. He resides in San

Francisco and is the father of

two children.

_ Charles Muscatine

Charles Muscatine, 39, has been

a member of the Department of

English at the University of Cal-

ifornia since 1958 and was ap-

pointed Professor of English

July 1, 1960. He taught at Wes-

leyan University from 1951 to

1953. He served as Assistant Dean

of the College of. Letters. and

Science at UC from 1956 to 1960.

Professor Muscatine holds B.A.,

M.A., and Ph. D. degrees from 0x00B0

Yale: University.. He was a Ful-

- pright Fellow (Italy) and Ameri-

can Council of Learned Societies

Fellow from 1958 to 1959. During

World War II, he was a lieuten-

-ant in the U.S. Naval Reserve.

Professor Muscatine is `author

of Chaucer in the French Tradi-

tion (1957) and articles and re- (c)

views in learned journals. In

1949-53, Professor Muscatine was

a member of the Group for Aca-

demic Freedom, which contested

the University of California's

loyalty oath. -

Nevitt Sanford -

Nevitt Sanford, 51, is a Profes- (c)

sor of Psycholog y at the Univer-

sity of California in Berkeley, He

is a graduate of the University of

Richmond, holds an M.A. degree

from Columbia University and a

"Ph.D. from Harvard. He `worked

in the Massachusetts Prison. Sys-

tem and on the Harvard Growth

Study of School Children, *before

going to Berkeley, where' he has

been a member of the Psychology

Department since 1940. In Berk-

eley he has been research associ-

ate at the Institute of Child Wel-

fare, co-director of the Berkeley

Public Opinion Study, and. associ-

`ate director of the Institute of

Personality Assessment and Re-

search. Dr. Sanford is perhaps

`best known as co-director, with

T. W. Adorno, of the project that

produced The Authoritarian -Per-

sonality. :

He is a member of many pro-

fessional societies, and editor of

a number of psychological jour-

nals. He has also held many con-

sultantships. His writing for var-

lous journals is extensive; . in-

cluded in his articles: are two

studies on anti-Semitism.

Professor Sanford is married,

and resides in Point Richmond.

Gregory S. Stout :

Gregory S. Stout was admitted

to practice in 1940, but did not

enter private practice until his

release from the armed services

in 1946. He became a member of

the San Francisco District Atter-

. hey's staff in 1947 and,was a

Trial Deputy in that office until

February, 1952, when he resigned

to associate himself with Melvin

Belli. Since 1953 he has `had his

own practice, specializing in

criminal trial work.

Stout has taught at City Col-

lege in San Francisco and North-

western School of Law at Chi-

cago, written for the California

Law Review, and lectured at U.C.

Medical School, Stanford Law

School, and Hastings Law School.

He has also been a lecturer and

writer for the Continuing Educa-

tion Program of the State Bar,

in the fields of civil and criminal

trial practice and procedure.

Van D. Kennedy

Van D. Kennedy is Professor of

Industrial Relations in the De-

partment of Business Administra-

tion, University of California at

Berkeley. He has been on the fac-

ulty since 1947. He holds a BA

2

(1939) ;

work at U.C. and Princeton. He

degree fhe Swarthmore College,

Pennsyvania (1935), and a Ph.D.

from Columbia University (1945),

in Economics. His previous em-

ployment has included service

with the War Labor Board in

Philadelphia and Detroit, and

self-employment as a private la-

bor arbitrator in Philadelphia.

He has made two trips to India.

In 1953-54 he received a Ful-

bright Research Grant, and in

1959-60, he served as consultant -

with the Ford Foundation. He

has been president of the Berk-

eley Area Community Chest and

Council and director of the inter-

racial summer camp of The High-

lander Folk School at Monteagle,

Tennessee. He has _ published

articles and monographs on un-

ionism and labor relations, in

both the U.S. and India.

Seaton W. Manning

Seaton W. Manning, of San

Francisco, is now a Professor of

Social Work at San Francisco

State College. He did some lec-

turing there during the past few

years while he was executive di-

rector of the Bay Area Urban

League. He filled the latter job

from 1946 until 1960. He contin-

ues to be a consultant for that

body. Manning graduated from

Harvard University in 1934, Fol-

lowing his graduation, he became

associated with the Urban League

in Boston:

Manning is a member of the

National Association of Social

Work, the National Conference

on Social Welfare, and the Cali-

fornia Conference on_ Health and

Welfare. He is a former winner

of the Koshland Award, and

former consultant on Social Wel-

fare education in India in 1956-

57. He is married, and has two

children. He resides in San

Francisco. ` f

William M. Roth

William M. Roth, 44, lives in

Sausalito. He is Chairman of the

Board of Pacific National Life

Assurance Company. He is also

a member of the Board of Direc-

tors of Matson Navigation Com-

pany, Honolulu Oil Company, Pa-

cific Intermountain Express,

United States Leasing Corpora-

tion, and other companies.

Roth is a graduate of Yale

and has done graduate

was associated with the United

Press in Washington in 1940, and

from 1942 to 1945 served with

the overseas division of OWI.

Roth is a former president of

the San Francisco Council for

Civic Unity and is active in Dem-

ocratic party politics, He is a

trustee of Mills College. He is

`a director of the San Francisco

Symphony Association, the Bay

Area Urban League, and a trustee

for the Committee `for Economic

Development. He is also a mem-

ber of the California Toll Bridge

Authority,

Roth is married and the father

of three children.

S.F. Meeting Oct. 3

' Harold C. Fleming, Executive

Director of the Southern Region-

al Council, speaks on "Crisis and

Hope in the South," `at the First

Unitarian Church in San Fran-

cisco on October 3 at 8 o'clock.

The meeting

pices of the Council for Civic

Unity of San Francisco. Admis-

Sion 75 cents.

is under the aus-_

Ten-Year Issue

The United States Supreme Court was asked last month

to declare unconstitutional the section of the Subversive

Activities Control Act of 1950 which orders public registra-

tion of Communist-action organizations. In a friend of the

court brief filed with the high court, the ACLU charged that

the registration provision inter-

feres with the free exchange of

political opinions and the free-

dom of peaceful association which

`are guaranteed by the First

Amendment, the American Civil

Liberties Union stated in a friend

of the court brief filed with the

high court.

aa of Law

The Act requires organizations

found by the Subversive Activi-

ties Control Board to, be "Com-

munist-action" organizations to

register the names and addresses

of officers and members during (c)

the preceding year, the sources of

`all money received and the pur:

poses for which expended, and a ~

list of the printing presses in

which the organization has an

interest; and to identify all pub-

lications and broadcasts as eman-

ating from the organization, "a

Communist organization." Among

the restrictions placed. on mem-

bers of such groups are non-em-

ployment by the government and

in defense facilities and denial of

passports. :

Case Pending Ten Years |

The ACLU presented its civil

liberties objections in support of

an appeal by the Communist

Party of America against a 1953

registration order of the Board.

This is the third time the case

has come before the Supreme .

New York State

se :

Drops Security

e@ .

Risk Law

The New York Civil Liberties

Union recently persuaded the

New York state legislature to al-

low the controversial nine-year-

old security risk law which per-

mits summary dismissals or dis-

qualifications of Civil Service

employees or applicants in

"security agencies' to expire,

The NYCLU, backed up by

facts and figures provided by

the State Civil Service Commis-

`sion and the New York City De-

partment of Investigation indicat-

ing that the law had been unnec-

essarily expensive both in time

and money, urged legislative

leaders not to seek renewal of

the law. The eivil liberties group,

which opposed the law on First

`Amendment grouds, showed that

"security risks"

have to be cleared by the federal

government .with its greater `in-

vestigative facilities,

state and city investigation was

unnecessary.

In the past, the NYCLU pro-

vided counsel in three cases test-

`ing the law, one involving a Hos-

pital Department stenographer,

another a City Housing Authority

policeman, and the third a Park

Department washroom attendant.

`The New York courts in all three

cases upheld the employees and

limited the law's aplication to

sensitive jobs actually able to

imperil security and defense.

With the expiration of the

security risk law on. June 1, Sec-

tion 105 of the Civil Service Law,

which provides for the dismissal

of any employee who advocates

or belongs to an organization ad-

vocating the violent overthrow

of the government, will remain

in effect. `This section, a spokes-

man for Governor Rockefeller's

counsel, Robert MacCrate, stated,

includes the right to a full court

hearing, "the: absence of which

was one of the major bases for

attacks by critics of the Security

Risk Law."

would naturally -

and thus

quence.

Court since the Attorney General

on November 22, 1950, initiated

the first registration action. The

case dragged on for years be-

cause of lengthy hearmgs and

the Communist Party's challenge

of perjured testimony before the

Board,

In its brief, the ACLU said

that the 1950 law impedes open

presentation of ordinary non-rev-

olutionary opinions on social and

political topics, expression that

is "far removed from incitement

to violence or any other danger

that Congress has the power to

prevent." Regardless of what may -

be the Communist Party's ulti-

mate objectives, the ACLU said,

the Party expresses opinion on a

variety of social issues, such as

labor relations, race discrimina-

tion and control of atomic weap-

ons, The registration provision,

the ACLU brief said, "is to ob-

struct the Party and its mem-

bers when they express them-

selves. and seek to influence

others on these non- evolutionary

issues."

Attempt to Control Ideas

There is no doubt that the reg-

istration requirement makes ef-

fective the avowed intention of

the government to prevent per-

sons from listening to or associ-

ating with Communist groups or

individuals, the ACLU (c) stated.

The government has arrogated

to itself the function of directing

persons in the field of ideas and

political association in contradic-

-tion to the First Amendment

principle that reason and the

open exchange of ideas are to be

the citizen's protection against

the false and misleading, the

brief said. "The government

must, under the First Amend-

ment allow the citizen to make

his own determination. in the

field of political opinion and as-

sociation," the civil liberties body

declared. "It cannot take over for

him the approval or condemna-

tion of spokesmen on political

issues."

Evidence of Membership.

A further danger arises, the

ACLU noted, because the 1950

Act penalizes individuals solely

for holding views on current is-

sues which coincide with those of

a Communist organization*or of

Russia. Noting that a person's

support of any of the Communist

Party's "purposes" is considered

as evidence of membership in the

Party under the Act, the ACLU

said that although a non-Commu-

nist may often arrive independ-

ently at conclusions on domestie

or international issues which are

similar to those of a Communist

country or group, he would hesi-

`tate to express them openly

through fear of injurious conse-

The statute therefore

"Gmpedes the ascertainment of

truth on crucial international is-

sues of our time," the ACLU

`stated.

Debate of Ideas Destroyed

_ The Act. also establishes a new

principle that the government

can interfere with innocent ex-

pression because of alleged. hid-

den motives and restrain total

-right of speech because one phase

of an organization's activity is

found to be dangerous. It seeks to

restrict free expression on the

basis of who is speaking rather

than on what is said. This prin-

ciple violates the First Amend- -

ment and destroys a "truly free

debate of ideas,' the ACLU said.

ACLU NEWS

October, 1960

Page 3

Student Disclaimer Oath

students seeking government fi-

nancial aid under the law. The

only proper tests to apply to the

granting of such aid, the ACLU.

- said, are "competency and integ-

rity."

Prouty Amendment

The Senate, in the last session

_of Congress, approved an amend-

ment introduced by Senator

Prouty (R. Ver.) while removing -

the present requirement that stu-

dents sign an aifidavit disclaim-

ing membership in any organiza-

tion advocating overthrow of the

government, The Prouty amend-

ment provides that no person may

obtain an NDEA loan while he is

a member of the Communist

Party or any other organization

having as its purposes the seizure

of the government by force or.

violence. In addition, no person

-who has been a member of such

organization within five years

could seek to receive aid until

he had filed a sworn statement

of the facts covering his mem-

bership. Violation of the law

would result in a fine of $10,000

or a five-year jail sentence.

While the Senate bill died in the

House Education Committee, an-

other effort to strike out the

political test is: expected to be

`made when the new Congress

convenes in January.

The origmal disclaimer affi-

davit was under heavy attack by

colleges and universities, educa-

tional associations and the ACLU,

as subjecting students to a poli-

tical test and thus interfering

with academic freedom. The edu-

cational institutions receiving the

ACLU-memorandum, had all pro-

tested the disclaimer affidavit

and 22 had refused to administer

the government loan program.

No True Repealer

In its memorandum to the 105

college and university presidents,

the ACLU said the Prouty amend-

`ment, like the disclaimer affi-

davit itself, would condition the

right to apply fer and receive

government loans on the individ-

ual's present or past political be-

liefs. "In other words," the ACLU -

said, "the amended bill takes

away with one hand some of what

it gives with the other, and is

not truly a repealer."

- The civil liberties group con-

cluded that the amendment

would not subject all students

applying for aid to the indignity

of signing the disclaimer, How-

ever, the ACLU said, this is not

enough of a gain "since student

applicants and recipients would

still be surrounded by an atmos-

phere. of fear and suspicion."

While the bill does not specify

how its provisions are to be en-

forced, the ACLU continued, "it

may be anticipated that some col-

lege authorities would subject

applicants to questioning; and

might even initiate their own in-

vestigations; and the Secretary

oi Health. Education and Wel-

fare-aided by the FBI-would

have the responsibility for see-

ing that the law was observed."

Dangers to Applicant

In its analysis of the amend-

ment, the ACLU pointed to the

danger confronting an applicant

if he submitted under oath a

written statement disclosing full

information relating to his mem-

bership during the past five years

in the Communist Party or "any

other organization." The appli-

ACLU NEWS

October, 1960

Page 4

Notre Dame,

"consider an

tion" in parochial school trans-

The American Civil Liberties Union last month called on

105 of the nation's leading colleges and universities to join

with it in rejecting a substitute for the loyalty provision of

the National Defense Education Act. The civil liberties or-

ganization said the substitute retained the political test for

cant would be in a serious di-

lemma if he failed to list an orga-

nization which he himself did not

believe was subversive but which

the government did, With a heavy

criminal penalty hanging over his

head, the applicant would have

to prove in court that the organ-

ization was not subversive or

that he had no knowledge of it

being so,

Proper Tests

While the federal government

has both the right and the duty

to withold funds under any fed-

eral act from persons who actu-

ally use them against the pur-

pose of the act, the ACLU said,

protection against misuse of

NDEA funds could be achieved

without the disclaimer affidavit

or the amendment. "We believe

that the latter, as well as the

former," the Union declared, "vi-

olates constitutional rights and

does the Republic a disservice

by undermining the purpose of

the Act, which is to promote the

fullest possible intellectual de-

velopment of the most promising

of the nation's young scholars.

That purpose would be under-

mined by discouraging or harrass-

ing an unknown number of appli-

eants or recipients. In the screen-

ing of applicants the only proper

tests to apply are competency

and integrity."

Among the educational institu-

tions the ACLU asked to continue

their opposition to the Senate-

type bill in: the. next Congress

are: Harvard, Yale, Princeton,

Columbia, Bryn Mawr, Swarth-

more, The Universities of Chi-

cago, Wisconsin, Oregon, and

Legislative Aid

For Parochial

Schools Beaten

' Efforts to win legislative sanc-

tien for the use of public funds

to provide transportation for par-

ochial school students have been

defeated in Maine.

The House rejected by 76-69

and the Senate by 18-15-a bilt to

permit the issue to be deter-

mined by local option. A motion

in the upper chamber to recon-

sider was turned down.

The vote was taken at a special

session summoned primarily to

"emergency situa-

portation. A year ago the Maine

Supreme Court ruled 4-2 that ex-

isting law did not permit use of

public funds for that purpose.

The organization, Protestants and

Other Americans United for Sep-

aration of Church and State, sup-

ported a test case opposing pub-

lic expenditures for parochial.stu-

dent transportation, while several

Protestant denominations in

Maine campaigned for enforce-

ment of strict church-state sep-

aration.

The issue had arisen in 1956

after a group of Catholic parents

in Augusta threatened to send

their children to public school on

short notice unless their demands

for state-supported bus transpor-

tation were granted. . Although

the public schools prepared to en-

roll the sectarian children, they

continued to attend parochial

classes. Both sides subsequently

agreed to a court test, which re-

sulted in the Supreme Court de-

cision. ,

| of the Mid-Peninsula Chapter of

First Annual

Meeting

the ACLU of Northern California

will be held

FRIDAY EVENING

October 28

at 8 o'clock

at the Parish House, All Saints

Church, Waverley and. Hamilton.

Streets, Palo Alto. The program

had not beerr determined at the

time the NEWS went to. press but

will be announced later.. The

meeting is being held in accord-

ance with the Chapter's new By-

Laws which provide ,that ''Not-

withstanding anything herein

contained, the First Annual Meet-

ing of this hapter shall be held in

the Fall of 1960. All Officers and

Directors then elected shall serve

until the second Annual Meeting

which shall be -held in February

1962." At the outset, however,

the By-Laws will be before the

meeting for approval. :

All members in good standing

of the ACLU of Northern Cali-

fornia, residing in Palo Alto,

East Palo Alto, Stanford, Menlo

Park, Atherton, Los Altos, Los Al-

tos Hills, Mountain View, Wood-

side and Portola Valley, are in-

vited to attend and become mem-

bers of the chapter.

ACLU

By-Laws

Continued from Page 2-

and program of the Union. Char-

ters may be revoked for cause by

a two-thirds vote of the Board of

Directors, but only after a state-

ment of reasons has been sent by

the Board of Directors to the

chapter officers and members of

the chapter board and a full hear-

ing accorded. Chapter By-Laws

shall not go into effect until they

are approved by the Board of Di-

rectors.

ARTICLE IX

Rules of Order

Except as covered by the fore-

going, "Robert's Rules of Order,

Revised," shall govern the con-

duct of all meetings of the mem--

bership, the committees and

Board of the Union.

_ARTICEE X

Amending By-Laws

These BY-LAWS may be

amended at any meeting of the

Board of Directors by a vote of a

majority of all of the members

of the Board, provided the pro-

posed amendments are first sub-

mitted to the members of the

Coe

STATEMENT REQUIRED BY THE

ACT OF AUGUST 24 1912, AS

AMENDED BY THE ACTS OF

MARCH 3, 1933, JULY 2, 1946 AND

JUNE 11, 1960 (74 Stat. 208) SHOW-

ING THE OWNE RSHIP, MAN-

AGEMENT, AND CICULATION OF

American Civil Liberties Union News,

published monthly at San Francisco,

Calif., for October, 1960.

1 The names and addresses of the

publisher, editor, managing editor,

and business managers are:

Publisher: American Civil Liberties

Union of No. Calif., Inc., 503 Market

St., San Francisco 5, Calif. -

Editor: Ernest Besig.

Managing editor: None.

Business manager: None. :

2. The owner is: (If owned by a cor-

poration, its name and address must

be.stated and also immediately there-

under the names and addresses of

stockholders owning or holding 1 per-

cent or more of total amount of stock.

If not' owned by a corporation, the

names and addresses of the individual

Owners must be given. If owned ty a

partnership or other unincorporated

firm, its name and address, as well as

that of each individual member, must

be given.)

American Civil Liberties. Union of

No. Calif., Inc., 5083 Market St., San

Francisco 5, Calif.

No stockholders,

3. The known bondholders, mort-

gagees, and other security helders

owning or holding 1 percent or more

of total amount of bonds, mortgages,

or other securities are: (If there are 5

none, so state.) None.

4. Paragraphs 2 and 3 include, in

cases where the stockholder or secur-

ity holder appears upon the books of

the company as trustee or in any

other fiduciary relation, the name of

the person or corporation for whom

such trustee is acting; also the state-

ments in the two paragraphs show the

affiant's full knowledge and belief as

to the circumstances and conditions

under which stockholders and seaurity

holders who do not appear upon the

books of the company as trustees, -

hold stock and securities in a capacity

other than that of a bona fide owner.

The average number of copies of

each issue of this publication sold or

distributed, through the mails or

otherwise , to paid subscribers during

the 12 months preceding the date

shown above-was: (This information

is required by the Act of June 11,

1960 to be in al statements regardless

of the frequency of issue.) 4595

s ERNEST BESIG

(Signature, of editor)

Swann to and subscribed before me

this 23rd day of September, 1960.

(SEAL) Olive Ahrens

(My commission expires Feb. 3, 1964)

Supporters of Racial Equality :

A `suit supported by the American Civil Liberties Union

was filed on September 12 in the Federal District Court in

Macon, Ga., charging that three white children have been

denied admission to the Americus, Ga. High School because

their families are members of the Koinonai community. The

Koinonia group is a religious fel-

lowship which believes in non-

violence and racial equality as

Christian concepts. The commu-

nity has been under heavy pres-

sure in recent years, including

shootings and economic repris-

als, because of its anti-discrimi-

nation stand.

Represented by ACLU Attorney

A cooperating attorney of the

. American Civil Liberties Union,

William R. Harrell of Macon,

filed suit against the Americus

School Board, in behalf of two |

girls, Lora Ruth Browne, 13, and

Jan Jordan, 13, and one boy, Wil-

liam Wittkamper, 15. The suit

alleges that the three were ex-

cluded from the municipal school

while 27 other white boys and

girls were admitted. The Ameri-

cus High School is the only local

school, in the area with a pre-

college course and students plan-

ning to attend college all go to

the municipal school. A county

high school serves other students.

The three Koinonia children all

had graduated from elementary

school with good grades. At the

request of the children's parents,

the school board reconsidered its

action, but after a five-minute re-

view affirmed its decision in the

"best interest of all concerned."

According to Clarence Jordan,

father of San Jordan, the students

were told they were `rejected "be-

cause of where they were from."

|Contentions of Suit

The ACLU-supported suit

charges that the exclusion is dis-

crimination~against the children

as a class because of their creed,

in violation gf the equal protec-

tion of the law's clause' of the

14th Amendment and asks that

the court issue a mandatory in-

junction ordering the school to

admit the children. The complaint

alleges that the Koinonia chil-

dren have been denied their edu-

cational rights arbitrarily because

of their belonging to a religious

fellowship whose views are unac-

ceptable to the local community.

The action, brought under the

1871 Federal Civil Rights Act,

also requests $5,000 in damages.

The 1871 law states that persons

who, "under color of any statute,

ordinance, regulation, custom or

usage, of any State or Territory,

subjects...any citizen of the

United States... to deprivation

of any. rights, privileges, or im-

munities secured by the Constitu-

tion and laws, shall be liable to

' the party injured in an action at

law, suit in equity, or other prop-

er proceeding for redress."

The first right of a citizen

Is the right

Fo be responsible.

Attack on Speech and Religion

In announcing the ACLU's full

support of the suit, the Union

commented that the school offi-

cials' discriminatory action was

also an attack on freedom of

speech and religion. "The Koin-

onia community has been estab-

lished near Americus since 1942

in an effort to apply the teach-

ings of Christ to every day living.

The members' belief in racial de-

segregation is part of their re-

ligious conviction for which they

have already suffered greatly, in

physical attack on the lives of

their members and economic boy-

cotts of their agricultural prod-

ucts. This new effort, to- block .

the educational opportunity of

three young people, is a direct re-

prisal on the Koinonia commu-

nity for its free exercise of re-

ligion and expression of opinion.

Such vindictiveness is an assault

on vital civil liberties principles.

The ACLU stands ready to estab-

lish in the federal courts that

such reprisal is wholly unconsti-

tutional and must fall."

Standing Room

Only at Palo

Alto Meeting

The Mid-Peninsula chapter of

A.C.L.U. addressed its first pub-

lic meeting on "Are we. afraid

of a free society" to a standing

room only audience at the All

saints Parish House August 3.

Dr. Harold H.centFisher moder-

ated the panel discussion in

which the three participants, Dr.

John Goheen, Richard Wasser-

strom, and Rabbi Irving Mandel

agreed with the action of the New

York A.C.L.U. to help George

Lincoln Rockwell in his fight for

the right to hold a Nazi party

rally,

Questions from the audience

regarding riot$ and (c) damage

against persons and property

provoked by Rockwell's' state-

ments clarified the responsibili-

.ties of the local police and the

basic premise guaranteeing citi-

zens free speech,

One man feelingly summed up

the mood of the audience when

he said important issues will

often provoke dissent and vio-

lence but this should never deter

us from allowing anyone to ex-

ercise his rights as stated in oe

First Amendment,

Refreshments were served af-

ter the meeting. :

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