vol. 25, no. 1

American

Civil Liberties

Union

Volume XXV

Lundquist Trial Jan. 7

San Francisco, California, January, 1960

Frank Lundquist's suit to secure reinstatement to Local

97 of the Marine Engineers Beneficial Association of San

Francisco will be tried in the San Francisco Superior Court

on January 7.

Lundquist, 65, a marine

security risk by the Coast Guard

in 1951 mainly because, in 1936.

while he was at sea, his wife

joined the Communist Party.

Upon his return she quit.

Lundquist Cleared

When the Federal Court of Ap-

peals in San Francisco ruled that

the Port Security program was

invalid because it did not allow

screened seamen to face their ac-

cusers, Lundquist was given a

validated seaman's document.

Having secured a voluntary with-

drawal card from the union in

1954, Lundquist applied for re-

instatement to his union in No-

vember, 1956.

Kangaroo Court

The union officals procrasti-

nated. Finally, a committee was

appointed which questioned

Lundquist on May 17. He was not

served with charges, the purpose

of the "hearing" was not dis-

closed, counsel was not allowed

and no record of the proceedings

was taken. At this "kangaroo _

court," Lundquist was questioned

solely about "security" matters

with which he was confronted in

his Port Security hearing. The

conclusion is inescapable that the

union was substituting for the

Coast Guard in carrying out an

illegal screening program which

the Government was prevented

from enforcing. Since the Coast

Guard hearing was "confiden-

tial," the only source of the union

committee's information about

Lundquist was the Coast Guard,

which violated its own regula-

tions and circumvented the Court

of Appeals' decision by disclos-

ing information from its secret

files to the M.E.B.A. in order to

have the latter carry on its out-

lawed security program.

Suit Filed

A petition for a writ of man-

date to compel the union to rein-

state Lundquist and for $45,000.

for loss of earnings and for gen-

eral and punitive damages was

engineer, was screened as a

filed on March 11, 1958. The case

will be tried without a jury.

Lundquist is represented by

ACLU Staff Counsel Albert M.

Bendich.

Four Subpoenaed

Teachers |

Have Problems

Two subpoenaed teachers

whose files were turned over to

the San Francisco school depart-

ment by the House Committee on

Un-American Activities were

questioned under the terms of

the Dilworth Act as to their

political activities as far back as

October 3, 1945 by Irving Breyer,

counsel for the San Francisco

Unified School District, in the

presence of Superintendent

Spears late last month. A recrea-

tion director who was also asked

to appear for questioning sub-

mitted her resignation instead.

She had been planning to resign.

Apparently, one of tne teach-

ers was cleared, while no deci-

sion has been made in the other

ease. Thus far, no report has

been made to the Board of Edu-

cation. Ernest Besig, local ACLU

executive director, represented

two of the above persons.

In South San Francisco an-

other subpoenaed teacher was

questioned by school authorities

and cleared. Apparently, these

are the only teachers subpoenaed

by HUAC who were questioned

by local school districts after

they received files from the

HUAC.

In another case, a subpoenaed

teacher lost her job because the

California Credentials Commis-

sion failed to act within 90 days

on her application for an elemen-

tary school credential. In accord-

ance with the law, she has

elected to treat their failure to

act as a denial of her application

and has filed an appeal.

FRANK AND BETTY LUNDQUIST

Number 1

S.F. Anti-Smut

Group Says It

Wants New Law

The San Francisco Committee

for Decent Literature, headed by

Molly Minudri, met last month

and denied it intends to burn

books, impose its ideas of obscen-

ity on anyone else, boycott deal-

ers, or behave as vigilantes. All

they intend to do, according to

Val King, a prominent Catholic

layman, is to propose an ordi-

nance to the Board of Supervi-

sors which their legal committee

is now drafting. Then, according

to Mr. King, they are going to

leave enforcement of the ordi-

nance to the police.

Just what kind of an ordinance

that will be was not indicated, al-

though it is rumored that it was

_to be patterned after the one in

Los Angeles which made a dealer

criminally liable for mere pos-

session of an "obscene" book,

ete. Of course, that ordinance was

struck down as unconstitutional.

Apparently, what the Committee

wants to get away from is the

State law which requires any act

to be done `wilfully and lewdly"'

in order to be punishable.

The Committee also indicated

it will adopt By-Laws at its meet-

ing next month.

ACLUN_1960 Membership

Drive Planning

Session Jan. 14

A planning committee for the

1960 membership drive will

meet after the monthly Board

of Directors meeting, at 2 p.m.,

Thursday, January 14, at the

Women's City Club.

Attending the meeting will be

Mrs. Zora Cheever Gross, the

1959 drive chairman, Fred H.

Smith, IV, Theodore Baer, and

Mmes. Robert Lauter, Jacob

Kahn, Alec Skolnick, Arthur

Bierman, Joe Madore, and Leon

Ginsburg.

As in past campaigns, names

referred by ACLU members will

be the basis of solicitation. A

letter will be sent to all ACLU

members shortly requesting that

names of prospects be sent in to

the office. Your cooperation in

returning these names will con-

tribute

success of the 1960 drive.

The inauguration of the 1960

drive will create an acute need

for volunteer help. Please plan

now to give a little of your time

to aid the 1960 membership

drive. There are a variety of

jobs to be done. Call the office

(EXbrook 2-4692) or sign up on

one of the forms that will reach

you soon.

Anyone interested in attend-

ing the drive planning session is

welcome.

Ap pe Ci

An administrative hearing will

be held on January 12 in the case

of a private school teacher whose

application for a General Ele-

mentary teaching credential was

denied by the Credentials Com-

mission of the State Department

of Education on grounds of "un-

professional conduct" because he

resigned from his public school

job in 1950 rather than sign the

Levering Act oath.

This teacher joined with others

in testing the constitutionality of

the law in the courts. His name

does not actually appear in the

test suit because only four per-

sons were selected from the

group to serve as plaintiffs.

The Credentials Commission

claims the teacher had "a duty to

take and subscribe to the oath or

affirmation required by the Lev-

immeasurably to the

Phe Two Lucys

ay

urrieta Out on

Freed by Twins

The California District Court of Appeal.on December 11

issued an order, directed to the Sheriff of Contra Costa

county, to show cause why Mrs. Lucy Turrieta should not

be discharged from custody because of the failure of

the Justice Court of the Pittsburg Judicial District of Contra

Costa County to advise her of her

right to counsel at the time she

was sentenced to six months in

the County Jail. The matter is

scheduled to be heard on January

26. In the meantime, Mrs. Tur-

rieta was released on $1000 bail

provided by the ACLU.

Charged With Petty Theft

Mrs. Turrieta was charged with

petty theft because she failed to

report the whereabouts of her

common law husband while he.

was in Mexico. It was, therefore,

claimed she had been overpaid

$373 under the Aid to Needy

Children program. She has four

children.

Mrs. Turrieta pleaded guilty to

the charge and she was placed on

probation by Judge Michael J.

Gatto on December 3, 1957, for a

two-year period. Under the terms

of the probation order, she was

required to make restitution in

the amount of $50, to "cease her

common-law relationship with

John Lopez, and not establish any

other extra marital relationship."

Motherhood Penalized

A child was born to Mrs. Tur-

rieta out of wedlock on October

10, 1958 A year later, on Novem-

ber 6, 1959, on the recommenda-

tion of the Probation Officer,

Judge Gatto revoked Mrs. Tur-

rieta's probation and sentenced

her to serve six months in the

county jail. lee

The action of the District

Court of Appeal was in response

to a petition for writs of habeas

corpus filed on December 9, 1959

on behalf of Mrs. Turrieta and

Lucy Martinez.. In the case of

Miss Martinez, however, the court

denied the writ, apparently on

the ground that under circum-

stances similar to those of Mrs.

Turrieta, Judge Gatto had merely

modified probation and, in such

a situation, the defendant is ap-

parently not entitled to represen-

tation by counsel.

Saved by Twins

Two days later, however, Miss

Martinez, on December 13, gave

birth to twins and thereby won

cher release from jail. In modify-

`ing probation, last November 2,

Judge Gatto required that Miss

Martinez "be incarcerated in the

county jail for a period of two

months, incarceration not to be

continued past the time of the

birth of her unborn child." Her

probation was "modified" be-

cause she violated a condition of

probation which required her to

"refrain from extra-marital rela-

tionships with any man to whom

-Continued on Page 3

ering Act; and,...although in-

formed of this duty, and request-

ed to perform same by his said

employer, the respondent persist-

ently defied and refused to take

and subscribe to said oath; and

that as a result of such defiance

and refusal, respondent's employ-

ment aforesaid was terminated on

or about November 2, 1950."

The particular school district

had commenced dismissal pro-

ceedings against all of the teach-

ers who had refused to sign the

oath, but, after the court sus-

tained the law the teachers were

permitted to resign. The appli-

eant was among those allowed to

resign. Thereafter, however, he

allowed his teaching credential

to lapse.

Despite leaving public school

teaching, he has not wanted for a

In This Issue...

ACLU Court Docket ...... p.2

Anti "Smut" Group Plans

National Crusade ...... p. 2

Ban on Political and Religious

Meetings Ruled Uncon-

stitutional ........... p.4

High Court Rules Against

Arrest on Suspicion .... p. 3

High Court Upsets L.A.

Obscenity Law ....... p. 3

U.C. Revised Student Regula-

tions; ACLU Board Opposes

Three Provisions ...... p. 3

Officer Bigarani

Subject of One

More Complaint

During the past two years, Of-

ficer William C. Bigarani, who

operates in San _ Francisco's

North Beach area, has been the

subject of. numerous complaints

by persons who allege they have

been the victims of his lawless

enforcement of the law. Last

month, the following complaint

was made against Officer Biga-

rani:

On December 11, between 10:30

and 11 p.m., while walking along

Grant Avenue, Allan Roney and

Roberta Hogan were stopped by

Officer Bigarani and his partner

and interrogated. After the ques-

tioning, they were ordered to

leave the North Beach area, and

they were not permitted to leave

together.

Again, on September 12, while

seated at a table in The Village

on Grant Avenue, at about 10

p.m., they were ordered out of

the shop and again interrogated

by Officer Bigarani and his part-

ner. Information cards were

filled out by the officers. Miss

Hogan was told by Officer Biga-

rani that if she returned to the

area she would be "vagged" and

charged with suspicion of prosti-

tution. Mr. Boney was told to

stay off Bigarani's beat and not

to be caught out after 12 o'clock

at night. He also threatened to

"vag" Mr. Boney. The latter is

colored while Miss Hogan is

white. They were required to go

separate ways.

Chief of Police Thomas J.

Cahill was asked to investigate

the matter on December 17. At

this writing, no response has

been received from the chief.

| Denial of Credential to Teacher

Who Challenged Levering Act Oath

job. About four years ago, he re-

turned to the teaching profession

but in a private school where he

is not subject to the Levering Act

non-disloyalty oath, and where

he is not required to hold a Cali-

fornia teaching credential. Never-

theless, he would now like to se-

cure his credential in order to be

able to return to public school

teaching if he wishes to do so.

The issue in the case is appar-

ently the first of its kind. This

teacher is being penalized be-

cause he challenged the constitu-

tionality of a new law. Certainly

that is the right of every citizen.

Other teachers who resigned their

jobs because they did not want to

sign the oath have not been pre-

vented from teaching. No effort

has been made to revoke their

credentials.

AMERICAN CIVIL LIBERTIES UNION NEWS

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 a Year

: Twenty Cents Per Copy

Philip Adams

Theodore Baer

William K. Coblentz

Richard De Lancie

Joseph L. Eichler

Samuel B. Eubanks

Rabbi Alvin I. Fine

John M. Fowle

Howard Friedman

Rey. Oscar F. Green

Zora Cheever Gross

Robert H. Hardgrove

Alice G.Heyneman

Mrs. Paul Holmer

Rey. F. Danford Lion

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Prof. John Henry Merryman

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

Rev. Robert W. Moon

Lloyd L. Morain

Rt. Rev. Edward L. Parsons

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

STAFF COUNSEL

Albert M. Bendich

ACLU CC

The ACLU of Northern Cali-

fornia, through its staff counsel,

Albert M. Bendich, with the co-

- operation of volunteer ACLU at-

torneys, is presently handling the

following ten court cases in-

volving civil liberties issues:

Dilworth Act Case

San Francisco Board of Educa-

tion vs. Mass. Dilworth Act dis-

missal of former San Francisco

City College English instructor

' who refused to answer questions

of House Committee on Un-Amer-

-ican Activities, reversed by State

Supreme Court on December 21,

1956, because Mass was not given

hearing as to his reasons for re-

fusing to answer the Committee's

questions. To be reheard in trial

court. Action on this matter is

contemplated in the near future.

- Luckel Act Case

Wolstenhotme vs. Oakland Li-

brary Board. Reinstatement suit

filed after dismissal of senior li-

brarian for refusing to answer

certain questions of Oakland Li-

brary Board. Alameda County

Superior Court Judge Cecil Mos-

bacher upheld the Luckel Act and

ruled that petitioner had delayed

too long in filing suit. The deci-

sion was unanimously reversed

by the District Court of Appeal,

but the California Supreme Court

voted 4 to 3 to review the case.

The case has not yet been placed

on the court calendar for argu-

ment.

Deportation

Suit filed in U.S. District Court

on December 31, 1956, enjoining

attempted deportation of native-

born citizen, whom government

claims expatriated himself while

in the Soviet Union. Immigra-

tion Service ruled plaintiff is

deportable for prior membership

in Komsomo] in the U.S.S.R,

Unemployment -

Insurance

Syrek vs. State Unemployment

Insurance Board. Denial of un-

employment insurance benefits

for refusal to accept Civil Service

employment because of loyalty

oath requirement sustained by

Alameda County Superior Court.

An appeal has been filed in the

District Court of Appeals, where

a decision is being awaited.

False Arrest and

imprisonment -

Himphill vs. Pedrini. $10,000

damage suit filed July 3, 1957, by

a U.S. mail clerk who was picked

ACLU NEWS

January, 1960

Page 2

up by two plainclothes officers

on Market Street early -in the

morning of April 1, 1957, mugged

and fingerprinted, and booked as

a vagrant. Next morning the case

was dismissed by the District At-

torney for lack of evidence. Co-

Counsel: Fay Stender of San Jose.

People vs. Wendy Murphy. The

U. S. Supreme Court has been

asked to review the conviction of

barefoot Miss Murphy on charges

of battery and resisting arrest.

Those charges and two others

sprang ffom her attempted entry

into San. Francisco's Bagel Shop

over the objections of Officer

Wm. Bigarani. The resulting vag-

rancy charge was dropped and

she was acquitted on a charge of

malicious mischief. The question

to be decided is whether the con-

stitutional right to be free from

arbitrary arrest includes also the

right to be free from criminal

conviction for resisting reason-

ably a wholly illegal arrest. Co-

counsel: Kurt Melchior.

Williams vs. D. Dillon, et al.

Upon leaving a restaurant and

while on his way to work, plain-

clothes officers arrested the plain-

tiff, had him mugged and finger-

printed as a "$1,000 Vag." Next

morning the case was dismissed

for lack of evidence. A $20,000

damage suit was filed July 3,

1957, against the arresting offi-

cer and the Chief of Police. Co-

counsel: Fay Stender of San Jose.

In re Lucy Turrieta. Petition

for a writ of habeas corpus filed

in the California District Court

of "Appeal for a woman whose

probation on a petty theft charge

was revoked because she violated

an order not to have extra mari-

tal relations. The petition chal-

lenges the constitutionality of the

condition of. probation and also

asserts that Mrs. Turrieta was

denied counsel both at her trial

and when probation was revoked.

Pending a hearing on January 26,

1960, Mrs. Turrieta is free on

$1000 bond. Co-counsel: H. Leroy

Cannon of Pittsburg.

' Labor Union

Discrimination

Lundquist vs. Marine Engineers

Beneficial Association. Mandam-

us action filed in San Francisco

Superior Court March 11, 1958,

to compel reinstatement in labor

union of seaman rejected by un-

ion because he had been screened

by the Coast Guard, under screen-

ing procedure declared unconsti-

tutional by the 9th Circuit Court

of Appeals in Parker v. Lester.

The case is scheduled to be tried

on January 4.

Contempt of Congress

U.S. vs. Hartman. Appeal from

a conviction on July 27, 1959,

in Federal District Court on 7

20-Year-Old

Charged With

@

"Congregating

Nineteen-year-old Thor Mich-

elsen of San Francisco was ar-

rested at 12:30 am., December

20, and charged with violating a

San Francisco ordinance that

makes it "unlawful for three

(3) or more persons under the

age of twenty-one (21) years to

congregate or assemble, or en-

gage in any sport or exercise, or

to make or endeavor to make

any noise or disturbance, on any

public street, between the hours

of 8 o'clock p.m. and daylight of

the following morning."

Thor and two friends, one 17

and the other 18, the latter on

leave from the Army, had at-

tended "The Crown" theatre.

They got out of the movie about

midnight, stopped at Hunt's res-

taurant on 20th and Mission

streets for a cup of coffee, and

then headed for a friend's house.

Two officers in plain clothes

stopped them as they were head- -

ing up 14th street. The officers

jumped out of a car (part of the

S squad, no doubt) and one of

them started to search Thor.

The latter wanted to know

whether the man had any right

to search him. "Do you want to

be put under arrest?" the offic-

er is reported to have replied.

"What for," Thor asked?.

When the officer started push-

ing him, Thor tried to get away,

but he was tripped and his head

was cut as it hit the sidewalk.

The other two boys were not

arrested. Thor is charged with

"congregating" and with resist-

ing a police officer. The unusual

case is scheduled for trial before

Municipal Judge Albert J. Axel-

rod on January 5. Thor is repre-

sented by the Public Defender.

ACLU Seeks

Fair Hearings

For Deporiees

A new rule of the Immigra-

tion and Naturalization Service

withdrawing from aliens request-

ing a stay of deportation on

grounds of physical persecution

the right to appear in person

and plead their case was assailed:

recently by the American Civil

Liberties Union.

The ACLU made public a let-

ter sent to Lt. General Joseph

M. Swing, commissioner of the

Immigration and Naturalization

Service, criticizing the rule as

denying the due process right

of a fair hearing and urging the

government official to reconsid-

er the agency's position.

"Elementary considerations of

due. process militate against the

procedure sought to be instituted

by the rule," the ACLU wrote.

"Where fact-finding is the essen-

tial element in a proceeding, and

the determination revolves

around the acts and beliefs of

an individual, to arrive at a con-

clusion of fact without affording

the individual the right to ap-

pear in person, is illogical and

unrealistic. A partial hearing is

not a fair hearing."

The right of the alien to plead

his cause at his hearing is "an

indispensable aid in establishing

the bona fide claim of physical

persecution," the civil liberties

spokesman said. "It is the most

effective way to establish the

truth and the weight of a claim

of persecution. Since these two

factors are crucial, to be deprived

of the right to testify in person

will seriously prejudice depor-

tees. The cold documentary rec-

ord, although important .. . is

not a sufficient record where a

life is at stake."

counts of contempt of Congress

growing out of Hartman's reli-

ance upon the First Amendment

in refusing to answer questions

put to him by the House Commit-.

tee on Un-American Activities in

the course of the June, 1957,

San Francisco hearings. Record

on appeal to Court of Appeals be-

ing prepared. Co-counsel: Hartly

Fleischmann. -

The Citizens for Decent Literature is planning'a crusade

to stimulate the organization of branches in every community

of the United States. Encouraged by results of its efforts in

Cincinnati, Ohio, where it was formed in 1956, in other areas,

and by inquiries from more than 500 towns and cities, CDL

will seek adherents across the

nation.

Enlightenment and Law

Enforcement

"The first thing we want to do

is to enlighten the public," Dr.

Bernard E. Donovan, national

CDL chairman and an assistant

superintendent of schools in New

York, explained recently to a

Chicago Sun-Times reporter.

"The people are too apathetic

about dirty literature and the

harm it does. We want people to

understand the problem and de-

mand. action from the police offi-

cers, the courts, and the juries.

Our second objective is to see

that the laws now on the books

are enforced. There are many

adequate laws against obscenity,

but they've never been invoked.

We want to start a national drive

to see they are enforced. We

simply want to trigger action and

arouse the public. It is the busi-

ness of law enforcement officers

to bring the violators to justice.

We feel they will if they know

the public is in back of them."

Community Standards

The reason for this mode of

action is made clear in a booklet,

"Fight Newsstand Filth," pub-

lished by the organization. In it,

Charles H. Keating, Jr., of Cin-

cinnati, founder of CDL, reminds

that the Supreme Court-in the

precedent -setting Roth case -

ruled that material was obscene

if the average person, applying

contemporary community stand-

ards, found that the dominant

theme taken as a whole appealed

to prurient interest. CDL's aim

is to win enough vocal support-

ers so that they will set "contem-

porary community standards" in

opposition to what the organiza-

tion considers pornographic liter-

ature. Prosecutors then could

cite the mass opinion expressed,

when seeking convictions of pub-

lication dealers and distributors.

"If we can get an awakened

public to continuously advise the

police, prosecutors and other pub-

lic officials that their manners

and morals are being contra-

vened by the cancerous flood of

obscene literature, then we'll get

arrests, prosecutions and convic-

tions," Keating asserted. "This

is not a matter of `pressuring'

public officials. It is merely the

exercise of every citizen's right

to stand up and be counted, to

state his belief in what should be

allowed and prohibited in so-

ciety."

How They Work

Citizens for Decent Literature

is concentrating its campaign in-

itially on allegedly obscene pub-

lications sold by newsstands and

drug stores. Both Keating and

Donovan denied that CDL at-

tempted censorship or cam-

paigned by boycott. Rather, they

said, the organization urged peo-

ple to express their opposition to

obscene materials in letters to

police, prosecutors, and news-

papers and to attend trials of per-

sons charged with selling pornog-

raphy in order to indicate their

support.of prosecution. CDL has

also organized a speaker's bureau

and assists local prosecutors with

legal assistance and in securing

"expert witnesses" who will seek

to prove a casual relationship

between "obscene" reading ma-

terial and delinquent behavior.

"It's now very important to

state clearly what our moral

standards - legally - are in our

communities," Keating comment-

ed. "The Supreme Court decision

may prove to have been the legal

knife that slashed through the

confusion and provided a stand-

ard by which communities may

x

safeguard themselves against the

traffic in obscenity."

Cincinnati Raids

Allegedly obscene periodicals

were the prime objective of po-

lice raids upon newsdealers in

Cincinnati. Eight dealers were

convicted as a result of the drive.

A major distributor who received

a heavy fine has since dropped

25 publications from the group

he handles.

Cincinnati's police chief, Stan-0x00B0

ley R. Schrotel, an honorary mem-

ber of CDL, said his department

had turned down requests from

many magazine dealers to pub-

lish a "forbidden" list of periodi-

cals. "Our action is in no way to

be construed as police suppres-

sion of freedom of thought, free-

dom of expression and freedom

of the press," Schrotel remarked.

"We avoid this by careful selec-

tion of personnel who enforce ob-

scenity laws. We base our arrests

on the language of the law rather

than personal feelings." Schrotel

added: "We will not be truly

successful until we have persuad-

ed newsstand dealers to be their

own censors." :

The police chief of Stamford,

Conn., Joseph Kinsella, claims

outstanding success in his "anti-

obscenity" campaign through per-

suasion.

Police Persuasion in Stamford

"We have won our battle be-

cause we have educated the local

news dealers and distributors

about the evils of smut," he told

the Chicago Sun-Times reporter.

"And once they have seen the

light, they have cooperated in

every way. Our state statute

against smut and pornography is

tough. ...So what we tried to do

is go to the little guy who owns

the corner store and appeal to his

better instinct. And then we did

the same with the distributors.

We wanted to convince them that

certain magazines were filthy;

that they were corrupting our

youth. We tried to show them

that it was wrong to bring these

magazines into our community.

The way it now works is if I get

a bad complaint on a certain pub-

lication, I call up the major dis-

tributor of magazines in the area.

I tell him such and such a maga-

zine is bad. And he takes it off

his list. Strictly voluntary."

A list of "objectionable" maga-

zines is compiled by a member of

the Stamford police department's

youth bureau, who frequently. in-

spects newsstands. "Kinsella's

sincerity of effort soon won the

support of all parties involved in

distributing and selling maga-

zines,' the Sun-Times reporter

stated. "Now all he has to do is

submit his list of objectionable

magazines and they are removed

from the racks."

Marin Meeting

The fifth annual meeting

of the Marin Chapter of the

American Civil Liberties

Union of Northern California

will be held at the Jewish

Community Center, 1618

Mission Ave., San Rafael,

Sunday evening, January 31,

1960 at 8 o'clock.

The principal speaker will

be Ernest Besig, local execu-

tive director of the ACLU.

Milen Dempster, chairman of

the chapter, will preside.

There will also be an elec-

tion of members of the chap-

ter's board of directors as

well as its officers.

The meeting is open to the

public. Refreshments will be

served after the meeting.

January 31

Knowledge of Obscenity Required

scenity

The United States Supreme Court on December 14 de-

clared unconstitutional a Los Angeles city ordinance making

it a crime for a bookseller merely to have an obscene book

in his possession. As Justice Frankfurter in a concurring

opinion put it in his wordy style, "The court does not reach

. .. the issue of obscenity. The

Court disposes: of the case exclu-

sively by sustaining the appel-

lant's claim that the `liberty'

protected by the Due Process

Clause of the Fourteenth Amend-

ment precludes a State from mak-

ing the dissemination of obscene

books an offense merely because

a book in a bookshop is found to

be obscene without some proof of

the bookseller's knowledge touch-

ing the obscenity of its contents."

The Ordinance

The ordinance makes it unlaw-

ful "for any person to have in

his posession any obscene or in-

decent writing [or] book... in

any place of business where...

books . . . are sold or kept for

sale."

The court acted unanimously

in setting aside the conviction of

Eleazar Smith, a 73-year-old

proprietor of a book store who

was sentenced to 30 days in jail

for having in his store a novel

about lesbianism, "Sweeter Than

Life," by Mark Tryon.

Some Disagreement

Justice Harlan dissented in

part, and Justices Black and

Douglas, in separate opinions,

argued that obscenity should be

protected under the First Amend-

ment guarantee of freedom of

speech. Justice Harlan was not

eoncerned with the question of

knowledge; he felt that the trial

court had prevented the defend-

ant from introducing evidence as

to community standards of ob-

scenity. Justice Frankfurter con-

tended that the right to intro-

duce the testimony of experts

should be regarded as an element

of due process of law.

Main Opinion

In the main opinion, written by

Mr. Justice William J, Brennan,

Jr., it was pointed out that the

court had recently held in the

Roth case "that obscene speech

and writings are not protected by

the constitutional guarantees of

freedom of speechyand the press.

But our holding in the Roth

ease," said the court, "does not

recognize any state power to re-

strict the dissemination of books

which are not obscene; and we

think this ordinance's strict lia-

bility feature would tend serious-

ly to have that effect, by penal-

izing booksellers, even though

they had not the slightest notice

of the character of the books

they sold.

Restrictions on the Good

"By dispensing with. any re-

quirement of knowledge of the

contents of the book on the part

of the seller," the court went on

to say, "the ordinance tends to

impose a severe limitation on the

public's access to constitutionally-

protected matter. For if the book-

seller is criminally liable without

knowledge of the contents, and

the ordinance fulfills its purpose, 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_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch 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_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

he will tend to restrict the

books he sells to those he has in-

pected; and thus the State will

have imposed a restriction upon,

the distribution of constitution-

ally protected as well as obscene

literature. . . . And the book-

seller's burden would become the

public's burden, for by restrict-

ing him the public's access to

reading matter would be re-

stricted. If the contents of book-

shops and periodical stands were

restricted to material of which

their proprietors had made an

inspection, they might be de-

pleted indeed. The bookseller's

limitation in the amount of read-

ing material with which he could

familiarize himself, and his timid-

ity in the face of absolute crim-

inal liability, thus would tend to

restrict the public's access to

forms of the printed word which

the State could not constitution-

ally suppress directly. The book-

seller's self-censorship, compel-

led by the State, would be a cen-

sorship affecting the whole pub-

lic, hardly less virulent for being

privately administered. Through

it, the distribution of all books,

both obscene and not obscene,

would be impeded."

The ACLU filed an amicus

curiae brief in the U.S. Supreme

Court.

High Court Rules

Against Arrest

On Suspicion

In a 7 to 2 decision, the U. S.

Supreme Court on November 23

decided that suspicion alone is

insufficient grounds for FBI

agents to make an arrest.

John Patrick Henry was con-

victed of unlawfully possessing

three cartons of radios which

were not disclosed until after

an arrest had been made. The

issue in the case was `whether

there was probable cause for the

arrest leading to the search that

produced the evidence on which

the conviction rests."

The agents followed Henry

when he entered his car with

another man, "saw it enter an

alley, and stop. Petitioner got

out of the car, entered a gang- -

way leading to residential prem-

ises and returned in a few min-

utes with some cartons. He

placed them in the car' and

drove off. The agents lost track

of the car but later found it

parked near where they had first

seen it. They again saw Henry

and another man enter the car

and drive in the same alley as

before. Henry again entered the

residence and returned with

more cartons. As the car drove

off the agents followed it and

finally, when they met it going

in opposite directions, waved it

to a stop.

"On the record,' said the

court, "there was far from

enough evidence against (Henry)

to justify a magistrate in issuing

a warrant. So far as the record

shows, (Henry) had not even

been suspected of criminal activ-

ity prior to this time. Riding in

the car, stopping in an alley,

picking up packages, driving

away-these were all acts that

were outwardly innocent. Their

movements in the car had no

mark of fleeing men or men act-

ing furtively. The case might be

different if the packages had

been taken from a terminal or

from an interstate trucking plat-

form. But they were not... . The

fact that packages have been

stolen does not make every man

who carries a package subject to

arrest nor the package subject

to seizure. The police must have -

reasonable grounds to believe

that. the particular package car-

ried by the citizen is contraband.

Its shape and design might at

times be adequate. The weight

of it and the manner in which

it is carried might at times be

enough. ... To repeat, an arrest

is not justified by what the sub-

sequent search discloses. Under

our system suspicion is not

enough for an officer to lay

hands on a citizen. It is better,

so the Fourth Amendment teach-

es, that the guilty sometimes go

free than that citizens be subject

to easy arrest."

Civil Rights Act U.C. Revised Student Regulations

Covers Real

Estate Business

Real estate brokers and sales-

men are covered by the Unruh

Civil Rights Act and in supply-

ing their services may not dis-

criminate against persons by

reason of their race, color, re-

ligion, ancestry, or national

origin. This was the recent rul-

ing of Attorney General Stanley

Mosk in response to a request for

an opinion by Assemblyman

John A. O'Connell of San Fran-

cisco.

The Attorney General also

ruled that the previous provi-

' sions of the Civil Rights Act.

(Sec. 51 of the Civil Code), pro-

hibiting discrimination in places

of public accommodation and

amusement, are also covered by

the Unruh Civil Rights Act. That

law reads as follows:

"All citizens within the juris-

diction of this State are free and

equal, and no matter what their

race, color, religion, ancestry, or

national origin are entitled to the

full and equal accommodations,

advantages, facilities, privileges,

or services in all business estab-

lishments of every kind whatso-

ever.

"This section shall not be con-

strued to confer any right or

privilege on a citizen which is

conditioned or limited by law or

which is applicable alike to citi-

zens of every color, race, religion,

ancestry, or national origin."

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_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch 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_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 In ruling on the law, the Attor-

ney General declared that "The

language used in the 1959 amend-

ment shows an intent to broaden

the application of section 51 to

cover not only the entities listed

in that section prior to 1959 but

also to include all other business

enterprises." :

Freed by Twins

Continued from Page 1-

she is not legally married." Miss

Martinez now has eight children

although only 24 years of age, as

is Mrs. Turrieta.

Previous Petitions Denied

An earlier petition for writs of

habeas corpus on behalf of

the women was turned down

by the District Court of Appeal

on December 4, 1959. On Novem-

ber 23, Superior Court Judge

Wakefield Taylor of Contra Costa

County denied a petition for the

writs.

On December 14, Deputy Dis-

trict Attorney Samuel Mesnick |

sought to have Mrs. Turrieta re-

sentenced by Judge Gatto in or-

der to correct the alleged denial

of counsel, Judge Gatto will rule

on the matter on February 1.

Doubtful "Fraud"

Incidentally, Mrs. Turietta was

convicted of two charges of petty

theft on December 3, 1957. The

basis for these charges is some-

what obscure but they apparently

relate to alleged overpayments of

-Aid to Needy Children of $373

from December 1955 through

March 1956 because of Mrs, Tur-

rieta's failure to provide the

county with the address of the

father of two of her children,

John Lopez, who had been de-

ported to Mexico. There does not

appear to be any evidence of in-

tent to defraud the county, but

Mrs. Turietta, without the advice

of counsel, pleaded guilty. She

states that she wasn't advised of

her right to counsel or of the

willingness of the court to pro-

vide counsel for her.

Personal Liberty

Mrs.. Turietta is being repre-

sented by ACLU Staff Counsel

Albert M. Bendich and attorney

H. LeRoy Cannon of Pittsburgh,

Calif. In the petition prepared by

Bendich he argued that "sexual

intercourse between two adults,

freely consenting persons, in the

privacy of their own home, is a

fundamental aspect of personal

liberty and privacy guaranteed by

due process of law and by the

constitutional limitation of offi-

cial power to specifically dele-

gated areas, together with the ex-

press reservations in the Ninth

Amendment to the United States

Constitution, of powers not so

specifically delegated."

CLU

Opposes Three

Provisions

In consequence of the issuance by President Clark Kerr

of the University of California on November 30 of revised

regulations concerning student government, recognition of

student organizations and use of campus facilities, the Board

of Directors of the ACLU of Northern California last month

reconsidered its position with re-

spect to the directives.

Changes Good

`One of the changes by Presi-

dent Kerr allows recognized stu-

dent organizations to take posi-

tions on off-campus issues so long

as they `take reasonable precau-

tions to make clear that they are

not acting in the name of the

University or with its approval

or sponsorship and that they do

not represent the student body

as a whole." Another change ex-

tends to all student publications

the privilege of taking editorial

positions with reference to issues

of the day. The special committee

which considered the directives

and the board of directors found

itself in sympathy with these

changes.

Recognized Student Groups

The board, however, voted to

oppose a number of provisions of

the revised directives. The first

of these is subsection v of section

3 of the "Regulation on Student

Organizations,' which provides

that a recognized student "organ-

ization must not be affiliated

with any partisan, political or re-

ligious group, or have as one of

its principal purposes the taking

of partisan positions identified

with such a group."

Use of Univ. Facilities

The second provision which

the board opposes appears in sub-

division cent of section II, "Regula-

tion on Use of University Facili-

ties," which reads as follows: "An

off-campus speaker may be in-

vited by a student organization to

address a meeting on University

facilities only with the assent of

the faculty or staff adviser of the

organization, Also, whenever an

off-campus speaker is to be in-

vited by such student organiza-

tions, notification prior to the in-

vitation shall be given to the

Chief Campus Officer or his des-

ignated representative; and he,

following such notification, may

- deny the use of University facili-

ties if he deems the meeting to be

incompatible with the educa-

tional objectives of the Univer-

sity."

_ Student Government

The third provision of the di-

rectives which the board voted to

oppose is that portion of Rule 4

of the "Regulation on Student

Government," which reads,

"Therefore, student governments .

and their subsidiary agencies may

not take positions on any such

off-campus issues without the ex-

press consent of the Chief Cam-

pus Officer. Any questions of

jurisdiction arising under this

rule shall be determined by the

Chief Campus Officer or his duly

designated representative."

Also, with respect to subdivi-

sion A of section III of the "Reg-

ulation on Use of University Fa-

cilities," the board recommended

the substitution of the following

affirmative language for the

present language: "A. University

facilities may be used for the pur-

pose of soliciting political party

membership and supporting and

opposing particular candidates

and propositions in local, state

and national elections, under the

following conditions" etc.

Distribution of Leaflets

The board also requested its

special committee to consider and

report back concerning section

IV, D of the "Regulation on Use

of University Facilities," which

reads as follows: "No literature

may be distributed free or sold in

connection with meetings or

events without permission ob-

tained in advance."

Urge Due Process

In Student

Ouster Cases

The American Civil Liberties

Union has strongly recommend-

ed that colleges carefully ob-

serve due process in all cases

involving expulsion of students,

except for failure to meet aca-

demic standards.

The ACLU contended that

students are entitied to the safe-

guards of due process, just as

are teachers. Its proposal was -

embodied in revisions to the

pamphlet, Academic Freedom

and Civil Liberties for Students,

which the Union first prepared

and published in 1956.

The revised pamphlet calls

for the "utmost procedural pro-

tection possible" in cases in-

volving expulsion of students.

Where guilt is acknowledged, it

stated, a review board rather

than a single administrator act-

ing without advice should study

the case and recommend penal-

ty. Students who do not admit

guilt should be granted hear-

ings, be permitted to confront

witnesses, and be entitled to ap-

peal to a review body. In any

cases involving expulsion or

other major disciplinary action,

except for failure to meet aca-

demic standards, the pamphlet

emphasized, students should be

advised in writing of charges

against them, be present at.

hearings, have counsel if they

wish, and confront and cross-

examine witnesses.

The revisions, in effect, ex-

tended to students the same

kind of provisions for due proc-

ess which ACLU. and its Aca-

demic Freedom Committee have

long recommended in civil liber-

ties cases generally, including

those affecting teachers.

The revised pamphlet also

deals with the need for students

_to have a larger degree of inde-

pendence in meeting, choosing

speakers, discussing controver-

Sial issues, and in certain cases,

harrying their college adminis-

trations, and with their right to

speak off campus as individuals

or as part of student groups,

while making clear they are not

spokesmen of the institution

they attend.

"Responsibility for regulations

on academic matters naturally

rests with the faculty and ad-

ministration,' a new section of

the ACLU policy statement de-

clared. "Regulations governing

the extra-curricular activities of

students should be _ enacted,

amended and supplemented by

a committee composed of facul-

ty members and students"

chosen respectively by teachers.

and students.

Contributions in

Memory of

Professor Tolman

Last month, the ACLU re-

ceived $215 in contributions from

20 sources in memory of Prof.

Edward C. Tolman, who died on

November 19. Contributions to

the ACLU were made in accord-

ance with the expressed wishes

of Prof. Tolman's wife, Kathleen

D. Tolman.

ACLU NEWS

January, 1960

Page 3

Radio-Television Programming

The American Civil Liberties Union declared last month

that the Federal Communications Commission should ``ener-

getically exercise" its power to require the radio-television

industry to provide "the maximum possible range and hal-

ance in subject matter me treatment" in its over-all

programming.

This would give "an iadicpen.

sable modern mass communica-

tion effect to the people's age-old

constitutional right of freedom to

speak and freedom to hear," the

civil liberties group said. At the

same time, the ACLU asserted

that the FCC should continue to

have no power of censorship over

`specific radio or TV programs.

Testimony Before Commission

The ACLU's views were pre-

sented by its executive director,

Patrick Murphy Malin, in testi-

`mony before the Commission at a

-public hearing in Washington,

D.C, The FCC opened a series of

hearings on its authority to check

into stations' programming, grow-

ing out of the current congress-

ional investigation of TV quiz

shows and related practices. "If

we want the advantages of pri-

vate radio-television," Malin said,

"we must run some of the risks

inherent in it. Government can

not do the whole job of seeing to

it. that the radio-television in-

dustry satisifies everyone. But

government can do part of that

job and must begin immediately

to do much more than it has been

doing." Otherwise, the ACLU

`testimony said, the `"people's

right to speak and hear" will be

left to the mercy of "irrespon-

.sible private management... or

desperate, last-resort rigid gov-

ernment regulation or monop-

oly...

' License a Public Trust

The ACLU testimony hit hard

at the radio-tv industry's failure

to use station licenses as a public

trust. "Networks and _ stations

have viewed (the right to broad-

cast) almost exclusively as an

open door to private gain, An un-

holy alliance of most broadcast-

ers, most sponsors and most ad-

vertising agencies has gravitated

to the sole criterion of salesman-

ship, and all but destroyed the

`standards for broadcasting. Nor

does the proper absence of gov-

ernment censorship of specific

programs mean that the people

are free to speak and free to lis-

ten. The industry has:a built-in,

extremely powerful private cen-

sorship which, for the sake of fi-

nancial gain, has _ substituted

rigged entertainment for straight-

forward information and... has

barred controversial discussion of

many important subjects von

prime weekday time.

' Combat Private Censorship

"Meanwhile, the FCC, com-

mendably anxious that its regu-

lations should not act as an un-

constitutional censorship of spe-

.cifie programs, has not taken

`nearly enough positive action to

promote the maximum possible

range and balance in over-all

programming," the ACLU testi-

mony added. More vigorous

action by the FCC, the Union

continued, would not only give

effect to the federal communica-

tions law's insistence on the full

responsibility of a stationfor all

the programs it broadcasts, but

"also would combat the private

censorship of the industry's un-

holy alliance. The positive pro-

motion of variety is not censor-

ship, but a means of removing

censorship-a means of guaran-

teeing the people that communi-

eation is honest, intelligent, and

representative of their society.

The ACLU, like the FCC, would

be utterly opposed to any gov-

ACLU NEWS

January, 1960

Page 4

ernment agency censoring a spe-

cific program .. .; but we em-

phatically support action by the

Commission to promote the max-

imum possible range and balance

in over-all programming, which

the `public interest, convenience

or necessity' obviously requires

of an industry holding in trust a

relatively scarce natural re-

source."

To promote range and balance

in over-all programming, the civil

liberties group offered these

suggestions to the Commission:

FCC Station Evaluation

1. The Commission

make an explicit and widely pub-

licized announcement that it is

firmly committed to using its

existing power and responsibility

to evaluate a station's over-all

programming. To aid in this

evaluation, it should continue the

use of and improve the Public

Service Form, on which a station

reports its intended and actual

programming, and issue an up-to-

date revision of its 1946 "Blue

Book" to provide `skeletal guid-

ance" for stations on the Com-

mission's policy on over-all pro-

gramming in applying the law's

standards of "public interest,

convenience or necessity."

Solicit Public Comment

2. The Commission should

make more meaningful its

authority "to license or not to

license," after having evaluated

a station's over-all programming,

by soliciting public comment on

stations' performance. This

would be done by requiring sta-

tions, at the time they apply for

renewal of their license, to broad-

east each day of the week in

prime evening time, the station's

obligations under the 1934 Com-

munications Act, the date of the

license's expiration, and that any

person may write the FCC in

Washington in support of or op-

position to renewal. Also, re-

sponsible persons who had writ-

ten the FCC about a station's per-

formance during its _ license

period would be informed that

" the license is up for renewal and

further comment solicited. If the

Commission decides that a hear-

ing is warranted on a station's

renewal application, the hearing

should be held in the city where

the station is located, and the

Commission should invite anyone

it believes should: be heard to

testify.

The ACLU also suggested an

"interim hearing" procedure by

which the Commission could hold

hearings during the life of the

license if the complaints of re-

sponsible persons warrant it.

Expansion Of Spectrum .

3. The Commission should give

increased support to the current

Congressional investigation of

expansion and re-allocation of the

television spectrum "so as to pro-

vide more channels and expand

diversity." This, the Union de-

clared, could increase the range

and balance in subject matter

and treatment of programs of-

fered to the viewing public.

4. The Commission should pro-

pose to the Congress that the

communications law be amended

so as to allow the Commission to

license the networks. This would

provide "the Commission the

power directly to regulate the

over-all programming of net-

works themselves, not only indi-

rectly through individual stations

as at present," the Union said.

should -

Free Speech Returns to Union Square

City Attorney Dion R. Holm

of San Francisco ruled last

month that regulations of the

Recreation and Park Commission

limiting use of Union Square "`to

projects of significant civic or

national importance," prohibiting

solicitation of funds, and prohib-

iting the use of the park "for

political or sectarian religious

purposes," are unconstitutional.

He also characterized an anti-

handbill ordinance which the

Commission sought to use as

vague and unenforceable. At the

same time, he approved regula-

tions requiring written applica-

tions for use of the park, prohib-

iting exhibitions of animals and

confining use "to the area of the

permanent stage."

The City Attorney's ruling

agreed substantially with the

position taken by the ACLU last

June in a letter to the Commis-

sion requesting reconsideration

of its announced regulations.

"We do not question the dauthor-

ity of the Commission to prohibit

_the use of Union Square for busi-

ness purposes," said the Union's

letter, "but we do question the

Commission's power to bar polit-

ical and sectarian religious meet-

ings in Union Square...

"It is one thing, in the interest

of all," the letter went on to say,

"to require persons to make

timely application for the use of

Union Square, but it is quite an-

other thing for the Commission,

in effect, to decide what ideas

may be expressed. In other

words, the Commission may not

discriminate in favor of `organ-

izations of local and national

significance' as announced in the .

press. In short, freedom of

Letters to the Editor...

Censorship

The following letter appeared

in the December 8, 1959, issue

of the Palo Alto Times:

The announcement of the

emergence of a _ self-appointed

committee of five to "stop the

sale of pornographic publica-

tions" in Mountain View illus-

trates the curious inversion of

rational procedures so common

in the censorial mind. Begin-

ning with a conclusion drawn

from a vacuum, this committee

has decided to invite the city at-

torney, the county district attor-

ney and Congressman Gubser to

discuss its "problem" with it.

Then, glancing over its shoulder,

it has happily discovered the

strong and experienced corps of

"women in the city's neighbor-

hood," prepared and willing to

sally forth in any good cause.

The committee is glad to note

the dependence of the merchants

on these women, on the good

will of the wives and mothers

whose trade make up most of

their business. The painful vul-

nerability of the news dealers,

druggists, grocers and other ven-

ders. of magazines and pocket

books to a threat of boycott from

this group is a bright beacon to

the eyes of the committee.

Despite this impressive start,

the committee has admittedly

not yet found time to proceed far

enough back to define pornogra-

phy, or to decide how such a

definition is to be applied. Ex-

cept to the extent, of course, of

the obvious determination that

the definition will not be one

established by legal precedent

and decisions resulting from its

application will not be made in

a court of law.

The committee members pre-

fer not to be called "censors."

The current substitute for that

unloved word seems to be the

toughly romantic "vigilante'-

but they don't like that either.

Perhaps a reader can suggest a

euphemism acceptable to these

sensitive guardians of our mo-

rally susceptible citizenry.

Meanwhile, those of us who

do not care to be _ stabilized at

the intellectual and emotional

reading level of a nine-year-old

(one without access to televi-

sion, naturally), are almost pow-

erless. We cannot prove a nega-

tive, arouse irrational mass emo-

tions or threaten anyone's liveli-

hood. Many of us hardly dare

speak, for any attempt to bring

reason and reality into the mat-

ter is likely to call forth vicious

personal attacks of a damaging

nature.

So Menlo Park's fever infects

its neighbors and an ugly rash

begins to appear on the Peninsu-

la. If the spread of this purulent

disease cannot be prevented,

every effort must at least be

made to expose its character and

to slow it down and minimize

the evil it does.

The _ specialist most often

called in when bigotry breaks

out in virulent forms is the

Civil Liberties Union. As with

most specialists, there is seldom

an overnight cure, but sometimes

a limitation of the growth and

often some repair of the dam-

age done. It would be a good

idea to send a donation to the

Civil Liberties Union today, at

503 Market St., San Francisco 5.

It looks like we'll be needing

their help out here before long.

G. R. WHITE, (c)

1877 San Ramon Ave.

Mountain View.

Fingerprinting of Psychologist

Editor: Psychologists applying

for certification under the new

state law have been asked to sub-

mit fingerprints with their appli-

eations. My experience suggests

that this requirement may not be

enforced.

My application form was ac-

companied by two official finger-

print cards, one of the Federal

Bureau of Investigation and one

of the California Bureau of Crim-

inal Identification and Investiga-

tion.

The dertificentation law contains

no reference to fingerprints. So

I completed my application and

returned it with the fingerprint

cards on which I wrote, "I do not

wish to be fingerprinted."

My application was acknowl-

edged by a form letter to which

was subscribed: `Fingerprint

cards are requested for proper

identification and to safeguard

licentiates."

In answer I wrote, "I am ade-

quately identified by my appli-

cation form. I prefer to forego

the safeguard and not to give my

fingerprints."

Three months late: I was noti-

fied that my application had been

approved.-s.C.D. -

ifutional

speech and religion is equally for

the lowly and insignificant as it

is for the prominent and impor-

tant person or group in our com-

munity." +

Holm declared that "public

parks are proper places in which

people may exercise their rights

of freedom of speech, assembly

and religion. These rights may

not be abrogated or unduly

abridged, but they are subject to

reasonable regulation. No agency

of the government may discrim-

inate in favor of one group or

against another."

The Northern California Divi-

sion of the American Jewish Con-

gress, in a letter signed by its

President, Morris Lowenthal, last

June also challenged the Com-

mission's regulations as an in-

fringement of freedom of speech.

Course On Civil

Liberties at

U.C. Extension

University of California Ex-

tension will offer an evening

course in "Political and Civil

Liberties in the United States"

at the San Francisco Extension

Center, 55 Laguna Street, begin-

ning February 17. The class will

meet on 15 consecutive Wednes-

day evenings at 7 p.m.

Ephraim Margolin, lecturer in

law at San Francisco Law School,

will conduct the course which

will deal with such Constitution-

al issues as censorship and ob-

cenity, military justice, the right

to a trial, the separation of

church and state, labor contro-

versy, racial discrimination, and

police powers.

"We expect to generate de-

bates in the classroom," Margo-

lin says, "and guest speakers

representing various interests

will be invited to attend. Case

histories will be used as illustra-

tions, with many examples from

the local courts."

A member of the S.F. Law

school faculty for the past three

years, Margolin is a graduate of

the Hebrew University, Jerusa-

lem, and served a year as clerk

to the Israeli Supreme Court. He

received his law degree at Yale

and was a fellow of the Univer-

sity of Pennsylvania Law School.

He is the author of many legal

articles, thes most recent of

which "Rights and Duties of

California Unions" appears in

the current issue of Hastings

Law Review.

Any adult may enroll for the

course for a fee of $25. Further

information and application for

enrollment may be obtained

from University Extension, Uni-

versity of California, Berkeley

4, California.

If the book be false in its facts,

disprove them; if false in its rea-

soning, refute it. But, for God's

sake, ee us freely hear both sides.

--Thomas Jefferson.

The first right of a citizen

Is the right

To be responsible.

AMERICAN CIVIL LIBERTIES UNION

OF NORTHERN CALIFORNIA

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Sustaining Membership' .2......... 50

Business and Professional Membership ........... ee 2S

Family. Membership... 054. ..32.50 52. ee: 12

Annual Membership... 3 eee 6

Junior Membership (under 21) .........)-..5...... 2

AGL News Subscription 2... $2.00

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ADDRESS 322) 2 es i eee ia ee.

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