vol. 26, no. 8

American

~~ Union

Volume XXVI

aC ivil Liberties

San Francisco, August, 1961 _

also argued.

Subject:

1960-1961."

Palo Alto, 8 p.m.

Larry Speiser Speaks at

Three ACLU Meetings

Lawrence Speiser, director of the ACLU's Washington (D. C.)

office, will address several ACLU groups while vacationing here

during the month of August. He will draw on his portfolio of expe-

rience in the nation's capital, making direct applications to the

California scene, home territory through his former vote as ACLU

staff counsel in Northern California.

Mr. Speiser argued several of the important civil liberties deci-

sions recently. handed down by the U. S. Supreme `Court, and was

the victorious litigant several years ago in challenging the tax-

exemption loyalty oath in the case, Speiser v. Randall, which he

The schedule of his speaking enearements | is as follows:

August 9 (Wednesday)-Luncheon meeting of the Lawyers'

Committee of the ACLU of Northern California, 12 noon at the

-| Pig 'n Whistle Cafe, 621 Market Street, San Francisco-reserva-

tions by phoning EX 2-4692, or writing the office, 503 Market.

"Civil Liberties Decisions of the U. S. Supreme Court,

August 11 (Friday) Sacramento Valley Chapte(R) in an "air-

conditioned and brand new `tree-top' room on the fifth floor in a

new building near the capitol"-8 p.m. That's all we know at the

moment. Secure details from Darrell Shryock, local chairman.

August 25 (Friday)-Mid-Peninsula Chapter: All-Saints' Epis-

copal Church Parish House " on es and Waverly Streets in |.

Oath of Belief in God

The United States Supreme sCoure in a unanimous deci-

4

.Requirement

sion, recently held that a belief in God could not be made

a prerequisite for holding public office because such a re-

quirement invades freedom of belief and religion. It there-

`fore held unconstitutional a provision of the Maryland Con-

stitution which declares that "No

religious test ought ever to be

required as a qualification for.

any office of profit or trust in

this State, other than a declara-

tion of pelief in the oS Be of

God.

Noles Public Involved

The case before the court was

that of Roy Torcaso of Wheaton,

Md., a notary public whose com-

mission had been denied when

he refused to take an ain of

_ belief in God.

The opinion, written, by Jus-

tice Hugo Black, declared: "We

repeat and again reaffirm that

neither a State nor the Federal

Government can constitutionally

`force a person `to profess a be-

. lief or disbelief in any religion.'

_ Neither can constitutionally pass

laws. nor impose requirements

which aid all religions as against

non-believers, and neither can

aid those religions based on a

belief in the existence of God

as against those religions found-

ed on different beliefs. .

' "This Maryland religious test

for public office unconstitutional-

ally invades the appellant's free-

dom of belief and religion and

therefore cannot be en i orce ed

against him."

Complete Separation

_ The court quoted with approv-

al the following language from

_ the concurring opinion of Justice

Frankfurter in the McCullom de-

cision:

the First and Fourteenth Amend-

ments have a secular reach far

more penetrating in the conduct -

of Government than merely to

forbid an `established . church.'

... We renew our conviction that

`we have staked the very exist-

ence of our country on the faith

that complete- separation be-

tween the state and religion is

best for the state and best for

religion,' "

"Establishment" Defined

The court. again cited with ap-

proval the following definition

of the scope of the First Amend-

ment's coverage with respect to

the

"establishment of religion"

clause originally set forth in

Everson vs. Board of Education:

"The `establishment of reli-

gion' clause of the First Amend-

ment means at least this: Neither

a state nor the Federal Govern-

ment can set up a church. Neith-

er can pass laws-which aid one

religion, aid all religions, or pre-

fer one religion over another.

Neither can force nor influence

-a person to go to or remain away

from church against his will or

force him to profess a belief or

' disbelief in any religion. No per-

son can be punished for enter-

taining or professing religious be-

liefs or disbeliefs, for church at-

_ tendance or non-attendance. No

tax in any amount, large or small

ean be levied to support any re-

-ligious activities or institutions,

whatever they may be called, or

whatever form they may adopt.

to teach or practice religion.

Neither a state nor the Federal

Government can, openly or se-

- eretly, participate in the affairs

of any religious organizations or

groups and vice versa. In the

words of Jefferson, the clause

against - establishment of religion

by law was intended to erect `a

wall of separation between.

ehurch and State2"

ACLU Secures

Dismissal of

"We are all agreed that

"Vag" Charges

ee charges against a

young Negro arrested by the San

Francisco police last March were

finally dismissed on July 25. At

the time of his arrest, at about

1 am., the defendant was seated

alone `in his car at the Marina

Greens parking lot. He was

charged with "Wandering about

the streets at late or unusual

hours of the night, without any

visible or lawful business." -

The defendant was represented

by Marshall W. Krause, ACLU

Staff Counsel, -

Number 8

High Court

Petition In

Rider Case

On July 25, the' ACLU asked

the United States Supreme Court

- to invoke a rarely used power to

issue writs of habeas corpus to

free a Freedom Rider jailed by

the State of Nssie BEL: last

June 2nd. S g

Wyckoff Case. ,

The application was filed by

attorney William Kunstler of

New York acting for the ACLU

and Elizabeth Porter Wyckoff, a

_ free-lance writer of New York. |

She is in Parchman State Peni-

tentiary for "breaching the

peace" and is scheduled for re-

lease on August 15.

The ACLU argued as follows:

One, the Supreme Court has de-

cided that Mississippi cannot

segregate interstate travel facil- -

ities; two, the Interstate Com-

merce Commission prohibits seg-

gregation in interstate transpor-

tation facilities; and three, a mis-

demeanor offender may not be

sent to a State prison.

Unpaid Fine

Miss Wyckoff sought to inte-

grate the all-white waiting room

of the Continental Bus Terminal

in Jackson. She was convicted of.

breach of the peace for refusing

to obey a police order to leave

the. terminal and sentenced to

four months in jail and a $200:

fine. The jail sentence was sus-

pended. Because the fine was

not paid, she was jailed to work

: it off at the rate of $3.00 a day.

State Relief Inadequate

A Federal District Court in

Biloxi, Miss., previously denied

relief to Miss Wyckoff. Ordinar-

ily, persons must exhaust their

remedies in the State courts be-

fore appealing to the Federal

courts. In this case, it is argued

that the State remedy is inade-

- quate since Miss Wyckoff could

never have her case reach the

U. S. Supreme Court during the

66 days of her sentence.

It is expected that -because of

Justice Black's presence in Wash-

ington he will consider the peti-

tion. The court's ruling will come

too late to be reported in this

_ issue of the NEWS.

Injunction

. Sought In Race

Bias Bus Case

_ After a day and one half of

testimony concerning racial dis-

~ crimination by Harrah's Club and

the Greyhound Corporation on

the "Harrah's Express" from

Oakland to Stateline, Nevada,

Judge Thomas J. Ledwich of the

Alameda County Superior Court

has taken under submission plain-

tiff's application for a prelim-

inary injunction to prevent con-

tinuation of the practice,

Defendant Greyhound main--

tained that Harrah's Club

determined who would board the

busses and that Greyhound ex-

"ercised no control over the de-

cisions of Harrah's Club. Harrah's

witnesses explained the seven

instances of discrimination on

_the. basis that they were not

racially motivated but, in the

cases of five of the complainants,

because of bad gambling habits,

and in the other two instances,

because of mistaken identity.

The defendants have _ also

raised the defenses that the ap-

plication of California law against

discrimination to an interstate

"motor carrier would be a burden

on interstate commerce and in

any event such matters are within

the exclusive jurisdiction of the

Interstate Commerce Commission.

-M. W.K.

Communist Party Registration

The American Civil Liberties Union said last month that.

because of "significant First and Fifth Amendment ques-

tions" it would support in the U.S. Supreme Court a petition

for a rehearing of the court's decision holding constitutional

the registration section of the 1950 Internal Security Law.

Smith Act Case

At the same time, the civil lib-

erties group deplored another re-

cent Supreme Court decision

validating the section of the

Smith Act which bars member-

sship in organizations which teach,

-advocate or encourage the vi-

olent overthrow of the govern-

ment, provided the individual has.

`knowledge of such purpose. "The

decision," the ACLU said,

"strikes at the heart of the First

Amendment guarantee that free-_

dom of association, unrelated to

the performance of an illegal act,

is inviolate." The Union's com-

ment concerned the case of

2,03

persons were members in good

- standing of the American Civil

Liberties Union of Northern Cali-

fornia on July 22nd-a record

high. In addition, there were 203

Separate subscribers

NEWS.

The membership passed the

5000 mark on June 30 with 5026

members in good standing. It

took about three years to add the

last thousand members, while it

|took twice as long to go from

3000 to 4009.

In Junez 1946,

twelve years,

stood at 1000. The 2000 mark was

reached in March 1952 while the

3000 mark was reached in 'Feb-

ruary 1953,-all in consequence

of the first organized member-

ship drive.

In other words, since 1946 the

ACLU membership has quin-

tupled. During only one year

Since then has there been any

loss in membership (127 in 1954-

1955). On an average, there has

been a net gain of 267 members

-each year `since 1946.

Christian

Brothers Must

Pay Tax on Wine

after almost

On July 24, Federal Judge.

Sherrill Halbert of Sacramento

rejected the Christian Brothers'

suit, filed January 31, 1957, to

collect $489,800 in protested

taxes on their California win-

eries. The Order claimed it was

exempt from taxes "as a church

and -as an integral part of a

ehurch."

The Brothers, a Roman Cath-

olic teaching order and the Napa

Valley's biggest wine makers, :

claimed its profits were used for

educational and church activities

on the Pacific Coast.

"Under ecclesiastical law," the

Brothers contended, "all prop-

erty of plaintiff is Church prop-

erty, subject to the control of the

~ Pope, as fully and to the same de-

gree aS* a parish church or a

cathedral." It was also alleged -

that "The teaching activities of

the Brothers are regarded by

the canons of the Church as an

integral part of the functions of

the Roman Catholic Church. The

Order is an integral part of the

Church." -

The Brothers sought to allect

taxes paid on the wineries'

to the

the membership -

Junius Scales, sentenced to a six-.

year prison term, but who is ne

longer a member of the Com-

munist Party. The ACLU said

that in view of this and the First

Amendment issue in the case, it

hoped the federal judge in North

Carolina who will soon assign

Scales to prison will consider

"these mitigating factors and re-

duce the sentence accordingly."

Stay Granted

The petition requesting a re.

hearing of the Internal Security

Act decision was filed by the

Communist Party of the United

States. It asked the Supreme

Court to review its June 5 de-

cision upholding the order of the

Subversive Activities Control

-Board that the Party is a `""Com-

munist-front" organization and,

under the 1950 law, must regis-~

ter. Justice Frankfurter, who

wrote the 5-4 majority opinion in

the case, recently granted a stay

`until the full Court could con-

sider the petition in the fall.

Free Discussion Denied

The ACLU released an analysis

and legal summary of the two sig-

nificant Supreme Court decisions.

In announcing that it would file -

_a friend of the court brief on the

petition to rehear the Internal

Security Act case, the Union said

that when the 1950 law: was

passed, it warned that the regis-

tration provision was a denial of

the rights of free speech and as-

sociation. "For, despite the close ~

connection of the Communist

Party of the United States with

the program of the Soviet Union,

it also carries on open political

activities such ag publishing,

holding meetings and supporting

candidates for public office-

political activities which are pro-

tected by the Constitution. The -

ACLU believed then, as it does

now, that no penalties should be

imposed on organizations in this

country which advocate a par-

ticular economic or social or

- political philosophy, and that the

government may act against any

group only when its advocacy -

leaves the realm of philosophical

debate and becomes immediately (c)

dangerous, by inciting to overt

illegal - action .. . the essence of

Americanism, our faith in the

principle of free discussion, is

besmirched by compulsory regis-

tration with the government of

any. organization because of the

program it espouses."

Security in Freedom

Referring to recent Supreme

Court national security decisions

which have "relegated the First

_Amendment (rights) to a secon-

profits in 1951, 1952, and 1955. At .

the present time the business is

incorporated as Mont La Salle

Vineyards, a tax-paying corpora-

tion.

The suit has attracted nation-

wide attention, particularly

among groups concerned. with |

Separation of Church and State.

dary position," the ACLU said

"These rights are an essential

link in our security, by demon-

`strating to Communists" and all

other totalitarians that. America

draws strength from its adher-

ence to basic _brinciples of free-

dom." |

Self-Incrimination- Issue

In-addition to the First Amend-

-ment issue, the ACLU statement oe

said, the majority decision was

-Continued on Page 4

S

In This Issue...

Complete Ban on Wire-

tapping Urged by ACLU p.

Fredom of Expression In

Perspective ..........

Roosevelt in Marin .... p.

Moving Letter from `Norway

About U.S. Freedom ...

Political Test for NSF Grant

Opposed by ACLU _.... p.

Results of 1961 Membership

a Ny PF f Ww w

Campaign... p.

e

_ 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

Thecdore Baer S

Prof. Arthur K. Bierman ~~

Rev. Canon Richard Byfield

Prof. James R. Caldwell

William K. Coblentz

Richard De Lancie

John J. Eagan

Samuel B. Eubanks

Howard Friedman

Rev. Oscar F. Green

Zora Cheever Gross

Rey. F. Danford Lion -

Honorary Treasurer:

Joseph M. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

Joseph Eichler

Morse Erskine 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_1961.batch 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

Dr. H. H. Fisher

Mrs. Margaret C. Hayes

Prof. Ernest Hilgard

Mrs. Paul Holmer

Mrs. Mary Hutchinson ~

Richard Johnston

Roger Kent

Mrs. Ruth Kingman

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Rabbi Alvin |. Fine

VICE-CHAIRMEN: Dr. Alexander Meiklejohn, Helen Sak

SECRETARY-TREASURER: John W. Fowle

EXECUTIVE DIRECTOR: Ernest Besig -

Committee of Sponsors

Prof. Van D. Kennedy

John R. May

Lloyd L. Morain

Prof. Charles Muscatine

William M. Roth

Prof. Nevitt Sanford

- Rev. Harry B. Scholefield

Mrs. Alec Skolnick

Mrs. Martin Steiner

Gregory S. Stout

"Donald Vial

Harold Winkler

GENERAL COUNSEL

Wayne M. Collins

~ Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Prof. John Henry Merryman

Hon. Clem Miller

Rev. Robert W. Moon

Dr. Marvin J. Naman

Prof. Hubert Phillips

`Prof. Wilson Record

Dr. Norman Reider

Prof. Wallace Stegner

5 Mrs. Theodosia Stewart

~ Mrs. Kathleen `D. Tolman

Rt. Rev. Sumner Walters

Stanley Weigel

Franklin H. Williams

_ Letters to

the Fiditor . oe

REAPPORTIONMENT

Editor: :

I hope that the Northern Cali-

fornia ACLU will study inten-

sively the merits and demerits of

applying to California Senate re-

apportionment the decision of the /

National ACLU that ". . . the es-

tablishment of state electoral dis-

tricts should be based only upon

population" (ACLU News, May,

1961). Such a proposition was de-

_ feated by California voters in the

last general election and I be-

lieve this was a victory for prac-

tical political wisdom.

It is obvious that the Governor' s

Committee will recommend some

change from the present appor-

tionment in which 12 per cent of

the California population con-

trols (could control?) the Califor-

nia Senate. A better balance can

be obtained without abandoning

area representation. I think there

igs enough diversity in California

to make a valid analogy between

the national Senate and the Cali-

fornia Senate. There are diversi-

ties in economic interest and in

ownership of resources and there

are sparsely settled regions

needing protection from exploita-

tion. Area representation has

served under the system of checks

and balances to protect minority

interests, particularly agrarian in-

terests. While growing urbaniza-

tion makes periodic reapportion-

ment advisable, it also makes the

protection of rural and agricul-

tural values increasingly neces-

sary. 2

I think it is a mistake to put

"the burden of proof on the "rea-

sonableness" of area representa-

tion. Such a pragmatic device can-

not be deduced from a doctrine

or justified by legal reasoning. It

will be supported by-those ACLU

members who believe that it has

contributed significantly to the:

greatest good of the state as well

as the greatest good of this na-

tion. It will be opposed by other

members, Therefore it seems to

me that in California, Senate re-

apportionment should be re-

garded primarily as a political -

question. - Presten C. Burchard,

Palo Alto.

ACLU NEWS

August, 1961

Paae Z

Civil Liberties 0x00B0

Course Offers 5

Scholarships

Ephraim Margolin, west-coast

director of the Commission on

Law and Social Action of the

American Jewish Congress, and

lecturer at. the San Francisco

Law School, will offer a course

in the Fall on "Freedom of

Speech and Religion" at the UC

Extension in Atherton.

Planning to devote the first

part of the semester to questions

of church and state, Mr. Margolin

will then concentrate on the issue

_of freedom: of speech. His two

basic texts will be Alexander

Meiklejohn's Freedom of Speech

and Leo Pfeffer's Creeds in Com-

petition.

The University is offering five

scholarships for this timely

course of study. Interested per-

sons may write to the Liberal

Arts Department of the Univer-

sity Extension, University of Cali-

- fornia, Berkeley 4 for applica-

tions. The' five awards will be

made on the basis of applicants'

background and a short essay on

why they want to take the course.

Deadline for scholarship applica-

tions is September 11.

The course starts on Septem-

ber 20 and the class will continue.

to meet for eight weeks on

- Wednesday evenings, from 7:00-

9:30 p.m., at the Menlo-Atherton

High School.

Prof. McKay

Wins $3,000

Essay Prize

Prof. Robert B. McKay, 42, of

the New York University Law

School, who addressed. the

ACLU's annual meeting in San -

~ Francisco last November, was the

winner of the American Bar As-

-sociation's 1961 Ross Essay com-

petition and the oe cash. prize

that goes with it.

The subject of Prof. McKay's

essay was: What Principles and

Provisions Should be Incorpo-

rated in a Code of Ethics for Ad-

ministrative Agencies, and in

. What Manner Should the Code

be Implemented?

Prof. McKay taught at the Uni-

versity of California Law School

during the past year. He is a

member of the board of directors

of the New York Civil Liberties

Union.

x

olitical Test

Declaring that oie federal government should impose no

political test in the granting of college loans, scholarships or

fellowships, the American Civil Liberties Union on July 18

called on the National Science Foundation to withdraw its

revocation of a $3,000 fellowship to Edward L. --

University of Illinois graduate

student.

New Legislation Opposed

At the same time the civil

liberties group expressed opposi-

tion to a bill before the House of

Representatives which would re-

quire stiffer loyalty require-

ments of persons seeking NSF

' financial aid. The ACLU released

-a letter from executive director

_Patrick Murphy Malin to Rep-

resentative William Fitts Ryan

(D.-N.Y.), who had requested its

views on the bill, warning that

H. R. 7806 would violate the First

Amendment freedoms of speech

and association and lead to gov-

ernment control of higher educa-

tion.

Gov't Control of Graduate

Programs

"Should government security

agents, rather than the Founda-

tion itself, be in a position to

exercise a veto over the granting

of fellowships, the Foundation

would no longer be master in its

own house,' the ACLU said.

"The program which it has car-

ried on so effectively for more

than a decade would be likely to

suffer a serious setback and the

nation would be the loser. ... If

the final evaluation of applicants

were to be delegated to govern-

ment agents, rather than to the

panel of scientists who serve the

NSF, a dangerous step would

have been taken toward govern-

ment policing and control of the

graduate programs of institutions

of higher education."

Yellin Convicted of Contempt

The Union's comment on the

Yellin case was contained in' a

letter from the ACLU to Dr. Alan

T. Waterman, director of the

NSF. The NSF came under heavy

attack on June 8 from Represen-

tative Gordon Scherer (R.-Ohic),

a member of the House Un-Amer-

ican Activities Committee, for

granting Yellin a fellowship on

March 15. Yellin, a graduate stu-

dent in mechanical engineering,

had been convicted of contempt

of Congress in 1960 for refusing,

on the grounds. of the First

Amendment, to answer questions

of the HUAC and sentenced to a

one-year prison sentence. The

U. S. Court of Appeals has up-

held the conviction but Yellin's

appeal for certiorari is pending

before the U. S. Supreme Court.

_ A Test of Ability

Following Representative

Scherer's attack on the NSF, Dr.

Waterman testified before the

House Science and Astronautics

Committee on June 15 and 16

_that under the law creating the

NSF, fellowships are granted

solely on the basis of an applic-

ant's ability. He also said that

Yellin had signed the usual af- |

fidavit required for forswearing

membership or support of any

organization which teaches vi-

-olent overthrow of the govern-

ment. Dr. Waterman added that

when the NSF learned of Yel-

lin's conviction, it asked the De-

partment of Justice to determine .

if the graduate student had com-

mitted perjury. So far, no an-

nouncement has been made of

the Department of Justice in-

quiry, but on June 21 Dr. Water-

man telegraphed Yellin that the

fellowship had been rescinded

"after a full review of the facts

in your situation, including the

possibility that you may not be

able to pursue your studies with-

out interruption during the fel-

lowship tenure." The award ran

for-the academic year 1961-62.

Principle Of Academic Freedom

In its letter urging that the

NSF renew the fellowship award,

the ACLU applauded Dr. Water-

man's statement in his June 16

their rights

testimony that awards are `made

on the basis of applicants' ability.

This statement was in keeping,

the ACLU said, with the "fun--

damental academic freedom prin-

ciple that in scholarly pursuits

neither teachers nor students

should be penalized for their

beliefs and associations. The

Union holds to this view even in

the cases of individuals who have

been found in contempt of Con-

gress because they have relied

upon what they believed to be

under the First

Amendment and have refused to

answer questions about their be-

liefs and associations. We believe

that it is vitally necessary to

honor the difference between

such a case and a case-for ex-

ample-of perjury."

Court's Action Prejudged |

The ACLU letter struck hard

at the point that the reason given

Yellin for the withdrawal of the

fellowship, that his studies might

be interrupted, was inconsistent.

with the NSF policy advanced in

Dr. Waterman's June 16 testi-

mony that ability is the criterion

for an award. The civil liberties

group pointed out that Yellin's

appeal for certiorari stands an

excellent chance of being ac-

cepted by the Supreme Court

and "the over-all elapsed time"

of the case would in all probabil-

ity be long enough for Yellin to

complete the academic year

1961-62.. "It would seem to us

that for the Foundation to base

the revocation .. . on the time

factor is to prejudge what the

Court's action, or actions, will

be ... It would be time enough

for the Foundation to act if and

when the Court has finally ruled

against him. The Union there-

fore urges the Foundation to re-

consider, as of now, its decision

to withdraw his award.'

Purpose Of Act In Jeopardy

In its analysis of H. R. 7806 for

Representative Ryan, the ACLU

cautioned that if the present

NSF Act were amended. to con-

dition awards on the basis of an

applicant's loyalty to the govern-

ment, "its implementation would

call for a full security investiga-_

tion of every fellowship appli-

cant." The civil liberties group

emphasized that it does not op-

pose security checkups for scien-

tists working with classified data

but to extend such investigations

to the "general run of scientists

who apply for NSF fellowships |

would be .... unwarranted and

unwise. ... The proposed amend-

ment to the NSF Act... would

... . tend to defeat the very

purpose of the Act-which is to

enable qualified scientists to

push back the frontiers of science.

Wholesale investigations of all

applicants, who would have no

assurance that they could coun-

ter damaging rumor and gossip

by being allowed to confront in-

formants, would be so distasteful

a prospect as to dissuade an in-

determinate number of able

scientists from applying for fel-_

lowships. We know from the hard

experience of the early Fifties

that many scientists refused to.

consider government employment

because of the onerous security

investigations, which often left a

cloud of suspicion as to the in-_

dividual's loyalty."

Oppose Use of A. G.'s List

Another section of the bill

which drew criticism from the

ACLU would require every ap-

plicant to swear whether he has

`ever been a member of or sup-

ported any organization cited by

the Attorney General as sub-

versive. The present section re-

quires the applicant to sign an

affidavit that he does not be-

en

_ universities.

HUAC Books

Available

On August 1, the ACLU of-

fiee will have available two

paperback books about the

House Committee on Un-

American Activities. Both

hooks have just been published -

by Ballantine Books, Inc,

The first book, "The Un-

Americans," was written by

Frank J. Denner, a New York

attorney. It sells for 60 cents.

"Although written in a polemi-

eal style and offering political

comment outside our specific

civil liberties interest," says a

comment from the Union's na-

`tional. office, "the book does

discuss civil liberties objec-

tions to the HUAC and pre-

sents in a popular manner the

Committee's abuses over the

years."

The second book is a reprint

of Telford Taylor's excellent

"Grand Inquest,' first pub-

lished in 1955, and dealing -

| generally with congressional

investigations, The price of the

book is 75 cents.

Orders fer the books may be

sent te the ACLU office, 503 -

Market St., San Francisco, and

must be accompanied by pay-

ment,

Roosevelt Trailer to

"Operation Abolition"

Now Available

Congressman James Roosevelt

has made a seven-minute film

on "Operation Abolition," avail-

able from his office (House Of-

fice Building, Washington, D.C.)

-for $10.

The film contains a discussion

of some of the errors in "Opera-

tion Abolition" and some general

remarks on the HUAC and Com-"

munism. It was made specifically

`for use as a trailer. to "Opera-

tion Abolition," and makes sense

only when shown at the conclu-

sion of that film.

Letters...

to the Editor

~ Salad Servers Lost

Editor: The Marin Chapter has

"suggested that I ask whether my0x2122

carved mahogany salad. servers

were turned in to your "Lost and

Found Department" after the Pot

Luck on July 9. My bowl re

mained, but someone took the

servers which each had our name

"O'Brien" taped on. They are

practical, beautiful andl cherished

and I miss having them. If you

know of their whereabouts a card

fo me will bring me running to

retrieve them. - Mrs. William

J. O'Brien. :

lieve in or is not a member of or

supports any organization which

believes in or teaches overthrow

of the government by force or

violence:

The Attorney General's list, the

ACLU said, has been shown to-

bein need of vast correction. A

number of the organizations still

on the list either no longer exist

or have programs which are ir-

relevant to the 1961 security

problem. The letter also noted

that the Supreme Court in a 1952

case had said that "mere mem-

bership" in listed organizations

without some showing of active

participation in its alleged sub-

versive purpose is not a valid

basis for denial of Boyer

employment. r

Disclaimer Affidavit Opposed

- The ACLU also expressed op-

position to the disclaimer affi-

davit presently in the NSF Act,

stating that this section paral-

leled a similar provision in the

~ National Defence Education Act

which has been vigorously pro-

tested by former President Eisen-

hower and leading colleges and

s.. "We believe," the

ACLU letter said, "that for the

government to condition the

granting of either college loans

or fellowships on applicants' be-

liefs or associations is to violate

the First Amendment, and se-

riously to encroach on the aca-

demic freedom of He as of

higher education." -

ylete E

_ Wiretapping (c)

Urged by ACLU

The national office of the American Civil Liberties Union

recently asked for a complete ban on wiretapping and other

forms of electronic eavesdropping and urged Congress to

tighten up the present federal law barring such practices.

In testimony presented to

Constitutional Rights, the civil

liberties organization opposed

three bills which, in varying de-

grees would permit wiretapping

and related eavesdropping prac-

tices. The Union's objections to

S. 1495, introduced by Senator

~~ Thomas Dodd (D.-Conn.), and S.

1086 and S. 1221, proposed. by

Senator Kenneth Keating (R-

N. Y.), were presented by Her-

man Schwartz, an ACLU cooper-

ating attorney who recently made

a study of the wiretapping prob-

lem for the Union. -

Privacy Invaded

Wiretapping and other forms

of electronic eavesdropping seri-

ously invade privacy and endan-

ger liberty, and even if these

practices were more useful than

they actually are, their "uncon-

trollable sweep precludes legiti-

mizing their use," the ACLU test-

timony said. "To make such prac-

tices lawful is to move closer

toward a police state where con-

stant government intrusion and -

surveillance inhibit and constrict

a free people. In our opinion

there is no basis on which so

sharp a departure from our fun-

damental safeguards can be jus-

tified." /

Six Suggestions

The Union offered six sugges-

tions for strengthening the pres-

ent ban on wiretapping in Sec-

tion 605 of the Federal Communi-

cations Act. These are:

"1. All evidence obtained di-

rectly or indirectly from a wire-

tap should be rendered inadmis-

sible in any court, to eliminate

the spectacle of a court sworn to

uphold the laws of the United

States participating in the com-

mission of a Federal crime by

aiding. and abetting the divul-

gence of illegally obtained and

illegally disclosed evidence. -

"2. The law should be changed

te make it-explicitly clear that an

offense is committed by either

interception or divulgence. The

statute does not in fact state this

now, but within the Department

of Justices and other agencies, it

has been interpreted te allow

interception-so long as the infor-

mation is not divulged outside

the agency. a :

"3. A defendant should be per-

mitted to object to the admission

in evidence of wiretap evidence

even though he is not a party to

the conversation, for any person

adversely affected has the right to

protest the commission of a fed-

eral offense by a court.

"4. Grand juries should be con-

vened periodically to inquire into

the enforcement of the. laws

against wiretapping. Because of

the record of unauthorized use of

wiretapping, the blackmail temp-

tation; and other corruption

reoted in this practice, and the

ever-increasing growth of new

eavesdropping devices, there

must be constant review of the

electronic eavesdropping prob-

lem.

"5. A private remedy for un-

Jawful wiretapping should be

statutorily established with mini-

mum puntive damages plus coun-

sel fees. If the possibility of fi-

nancial loss to the wiretapper

exists, unlawful wiretapping can

be deterred.

"6. The various telephone com-

panies should be required to lock

all feeder and terminal boxes

and to report all instances of

wiretapping immediately to the

federal authorities."

General Warrants Forbidden

All types of electronic eaves-.

dropping' directly violate the

vights of privacy guaranteed by

the Fourth Amendment, the

the Senate Subcommittee on

ACLU testimony said. The

Fourth Amendment bars unlim-

ited searches through the use of

a general warrant. :

No Limit to Eavesdropping

"Such eavesdropping cannot

be limited in any way. Any

authorization for such

practices would necessarily be a

general rather than a specific

warrant. limited to specific ob-

jects and places. . . . This is be-

cause such devices inevitably

pick up all the conversations on

the wire tapped or the room scru-

tinized and nothing can be done

about this. Thus, not only is the

privacy of the telephone user in-

vaded with respect to those calls

relating to the offense for which

the tap is installed, but (1) all

_his other calls are overheard, no

matter how irrelevant and _ inti-

mate; (2) all other persons who

use his telephone are overheard,

whether they be family, business

associates or visitors; and (3) all

persons who call him, his family,

his business, and those tempo-

rarily at his home are overheard.

Clamor for Wiretapping

Noting the "great clamor for

wiretapping by prosecutors," the

ACLU said there is serious doubt

and disagreement as to the need

for such authority in dealing

with crime. The testimony cited

Justice Samuel Hofstader of New

York who declared in 1955 that

this record of the fruits of wire-

tap, orders "showed some arrests

and fewer convictions and then

rarely, if ever, for a heinous of-

fense." The civil liberties group

also cited the lack of enthusiasm

for wiretapping even among law

enforcement and _ investigating

bodies. It stated that Attorney

General Kennedy has spoken out

against the practice except, with

.a court's permission, in cases in-

volying murder, treason and kid-

napping, and FBI Director J. Ed-

gar Hoover has at various times

in the last 30 years called it `"un-

ethical," inefficient and a handi-

cap to the development of sound

investigational techniques.

Thirty-three states have com-

pletely outlawed wiretapping and

the use of evidence obtained

through such practices, and state

`legislative commissions in New

Jersey and California have found

`that the need for. wiretapping

does not outweigh the damage to

individual liberty, the testimony

said.

ACLU Lauds Rev.

Oscar Green on

His Retirement

The Rey. Oscar F. Green, rector

of All Saints' Episcopal Church in

Palo Alto for thirty-five years and

a member of the ACLU Board

of Directors since November

1941, retired last June 30.

The ACLU Board of Directors

sent its greetings to a_ special

meeting honoring Mr.

Ernest Besig, ACLU Executive

Director, lauded Mr. Green as a

man of courage and conviction,

~ and a loyal and valiant defender

of the cause of freedom.

"We in the ACLU value and

enjoy his friendship and_ his

never failing good humor," said

Mr. Besig. "As Mrs. Helen Salz,

the vice-chairman of our board

has said, `He sharpens an issue

with his wit." We salute Oscar

Green, a man of courage and con-

viction, on his 35-year-record as

a minister and.as a freedom-loving

American citizen. He has our

gan on

Green. (c)

Required for

Cuban Visits

Recently, students have asked

whether they may visit Cuba

without passports. The answer

lies in the action of the Depart-

ment of State last January 19 in

adding Cuba to the list of coun-

tries which American citizens

`may not visit without the govern-

ment's permission. Exemptions

may be granted in cases where

travel is considered to be in the

"best interests of the United

States;" newsmen and business-

"men who have previously estab-

lished interests in Cuba can

qualify.

ACLU Protests

Last March the ACLU

strongly objected to the Govern-

ment's decision to restrict travel

to Cuba. This protest restated

the ACLU's belief that the right

to travel is a constitutionally pro-

tected right which should be

curbed only under extraordinary

circumstances "which clearly and

presently threaten the continued

life of our nation." It suggested

_ that the Government was making

travel control an instrument of

foreign policy "particularly when

its announcement is interpreted

in the press as an effort to curb

American citizens who have been

invited by the Cuban government

to visit that country."

Waiver Proposed

The ACLU proposed that "If

the government believes in good

faith that circumstances. will pre-

vent it from extending its usual

good offices to protect its citizens

traveling in any particular geo-

graphic area, it should so notify

prospective travelers. But since

this obligation is merely a statu-

tory and not a constitutional one,

such travelers should be per-

mitted expressly to waive their

right to protection if they so

choose. Such a waiver does not

entirely solve the government's

`problem if a citizen.runs into

difficulty, but it relieves the gov:

ernment of responsibility to pro-

tect American citizens, abroad

who have not sought such pro-

tection."

Genocide Case

Discussed by

Mid-Peninsula

Speaking on the "Moral Conse-

quences of the Eichmann Trial,"

Paul Jacobs, just returned from

Israel, stimulated thoughtful and

probing questions among over -

100 members and guests of the

Mid-Peninsula chapter in its

monthly meeting on July 21 at

the Unitarian Church in Palo

Alto.

In a penetrating analysis of

this unique historical event, Mr.

Jacobs emphasized its educational

import for the entire world. As a

correspondent attending the pro-

ceedings he saw neither a psych-

path nor a product peculiar to

any one country but as "the man

`sitting next to you on the Muni

bus, the commuters' train or any-

where." For him, the occasion

and the documented testimony -

raised deep questions of individ-

ual responsibility. He underlined

the vital importance of each per-

son "doing enough" in the face

of current events, before they

mushroom out of democratic con-

trol. From the legal standpoint.

in Mr. Jacob's view, the Eich-.

mann trial finally closes the door

to "acting on orders" as an ex-

cuse for individual acts.-J.H. .

deep respect, our highest regard

and our affectionate good wishes."

Mr. Green will spend some time

in Colorado before heading. for

England. He will return to Cali-

fornia in about a year. He has

been succeeded as rector by Canon

Richard Byfield, who was re-

`cently elected to the ACLU-board

to fill an unexpired term. Mr.

Green's term on the ACLU board

expires on October 31.

ernment license to do so.

tion around September 1.

Abolition."

"Operation Correcti

The Board of Directors of the ACLU of Northern California

last month voted to authorize the office to make necessary revi-

sions in "Operation Correction" and to release the film at its

discretion. It is expected that the film will be ready for distribu-

Numerous requests have already been received for use of the

film. In due course, the ACLU will determine the price of prints

and the charge for renting the film. :

At the Marin potluck supper where the film was previewed, the

audience was urged to send its comments about the film to the

ACLU office and 127 persons responded. Apparently, some per-

sons were so carried away by the action of the film that they had

difficulty in following the narration. Aso, some persons got the

| impression that Governor Edmund G. Brown rather than Ernest

Besig was the narrator. There is a resemblance.

Im any case, the ACLU wants to say again that the film is

exactly the same as "Operation Abolition,' except that the com-

ments and appearances of Congressmen Walter, Johansen and

Scherer have been eliminated. The ACLU has merely provided a |

new narration to replace that of Fulton Lewis, HI. The new nar-

ration exposes the deliberate distortions of "Operation

on" :

Freedom of

Expression In_

Jerspective |

The following are excerpts from an address to the New

England Chapter of Sigma Delta Chi by Leonard W. Levy,

Dean of the Graduate School of Arts and Sciences, Brandeis

University. Dean Levy is the author of "Legacy of Suppres-

sion: Freedom of Speech and Press in Early American

History," which received an

award for research about journal-

ism from the national order of

Sigma Delta Chi, a professional

journalistic society. :

I have been reluctantly forced

to conclude that the generation

which adopted the First Amend-

ment did not believe in a broad.

scope for freedom of expression,

particularly in the realm of pol-

TCS. a7:

The persistent image of early

America as a society in which

freedom of expression was cher-

ished, or at least was permitted

te flourish, is an hallucination of

sentiment that ignores history.

... It was not, however, the sup-

posedly tyrannous courts that

menaced disturbers of an ac-

quiescent public opinion. The

courts were virtually angels of

self-restraint when compared

with community intolerance and

the most suppressive body of all,

the popularly- elected assemblies.

The law bore down so harshly on

editors and speakers because of

the inquisitorial propensities of

the nonjudicial branches which

vied with each other in ferreting.

out*and punishing slights on the

government. "

The Zenger Case, a prosecu-

tion for seditious libel by the

courts, was almost an isolated

phenomenon . . . It is notable

for reflecting the common law or

Blackstonian view that freedom

of the press means, essentially,

freedom from prior restraints

with responsibility, under the

law for "abuse" of that freedom.

An editor who may be jailed for

what he prints is not likely to

feel free to express his opinions

even if he does not need a gov-

ec ele

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History does not give us the

comforting assurance of having

the past's original intentions co-

incide with our present pref-

erences. Yet the case for civil

Mid-Peninsula

Nominations

In September, the Mid-

Peninsula chapter will have

three vacancies on its board

of directors. Nominations are

open and needed now. Mem-

bers in the area may send

them to: Peter Szego, 805

North San Antonio Road, Los

Altos.

These current openings

cover a short term of office

running from September to

February, 1962, when the en-

tire board will be up fer elec-

tien.

liberties in general and freedom

of the press in particular is so

powerfully grounded in political

philosophy's wisest principles, as

well as the wisest policies drawn -

from experience, that it need not

be anchored to the past. What

counts is not that the First

Amendment was narrowly under-

stood at the time of its adoption,

but the fact that it was deliberate-

ly formulated as a broad prin-..

ciple: " ...no law abridging the

freedom of speech, or of the

press." The principle and not its

framers' original understanding

of it was meant to endure....

Despite its immediate origins

and original understanding, the

First Amendment represents, or

should represent, the idea that

we wish to be a self-governing

people in accord with the dem-

ocratic principle that the major-

ity should rule, but bitted and

bridled. If this sounds like a

paradox it is resolved when we =

realize that the purpose of both

self-government and of limita-

tions upon majority rule is the

same: to ensure man's freedom.

. The First Amendment not

only imposes the ground rules by

which the majority governs; it

makes self-government itself pos-

sible. For democracy can fune-

tion only through an informed

and educated electorate which

cannot exist without a dangerous

degree of freedom of expression.

Freedom of the press, despite

the problems of monopoly and

the growing conformity of press

opinion, is still the last best hope

we have in making political de-

mocracy work and in the search

`for truth... .

The First Amendment does not

today mean what it did when it

came from the hands of its

framers. It can expand, as it has

in the past, or it can wither. To

paraphrase Chief Justice Warren,

"when the generation of 1980 re-

ceives from us the First Amend-

ment, it will not have exactly the

same meaning it had when we

received it from our fathers. We

will pass on a better First

Amendment or a worse one, tarn-

ished by neglect or burnished by

growing use. If these rights are

real, they need constant and

imaginative application to new

situations." If these rights are

to survive and flourish, they re-

quire from the press devotion to

the life of the free mind and an

ability to see clearly and steadily

that freedom itself is at stake

whenever the freedom of any,

even the most unimportant or

obnoxious, is abridged.

ACLU NEWS

August, 1961

Page 3

we

and

7 Page 4

Butte County |

Concord

Humboldt County

Mid-Peninsula

Modesto

Oakland

Orinda

to the ACLU is 888.

Berkeley =. 0s

need mn ie can nwn eee esa as

Marin County ___.....0.0.2.-.-...

Los Altos= =. =

Menlo Park _..._..... oe

Palo Alto a ee

Monterey County.

Napa eee i

Redwood City...

Richmond ................... Se

Sacramento 0.00.0...

San Francisco 2.0222...

San Jose ............. ee

ean Mateo 42. 362 =

Santa Cruz. =

Sonoma County . ie

Stockton ____... So

Walnut Creek . Be

Miscellaneous ......2 ..............

Total.

*Includes 76 subscribers to NEWS

*Ineludes 196 subscribers to NEWS.

_ NOTE: Since office records count each membership aplication as

do not reflect family memberships of $12.00 which cover two members (husband and

wife). Excluding subscribers, 822 new members have joined the ACLU this year; of these, -

66 are family memberships. Therefore, the actual number of individual members new |

Results of 1961 Membership Camparan

(to July 15, 1961)

" ZORA CHEEVER GROSS, Chairman

New Members Total

(or subscribers) Members

eos 522162 1003

oe 6 Se 19

ee 4 38

ee 29 92.

Soe 38 82

Se 2 78

Soe 4 15

eee 65 425

ee 12 95

Jee 11 114

pee 41. 347

Co 20 40

a E16 713

ee 17 Ob

Soke 29 257

pts dee es, ac pd

pe eee lia. 93

a eee 220x00B0: 135

ee 45 191

ee ein ceacc LO4 1106 |

ee 25 146

ee 40 197

dese 1 28 68

So ee Sr 57 |

Se 39 66

ee eee 0x00A7 67

ee ee 21 |

ee 898* DZ05%* (c)

George Nichols

`Richard L. Smith

James V. Burchell

Mrs. Harry Lewenstein

Area

Chairman

Henry Rhodes

Paul Finch

Lee Watkins

Mrs. Lloyd Scaff

James Householder

Mrs. Leon Ginsburg = =

Peter S230

Mrs. Paul Couture

Joseph Wythe

Mrs. Joseph Smart

Mrs. H. H. Hechter

Mrs. Bert Coffey

Elliot Castello

Mrs. George Williams

Mrs. Stanley Milstone

Mrs. Richard Kauffman

Marvin Naman, M.D.

Mrs. Jean Hedley

David Rothkop

Aron Gilmartin

Mrs. Charles Chase

one, these figures

More Than 1200 Hear

James Roosevelt in Marin

A record turnout heard Rep. James Roosevelt (D-Los An-

geles) address the Marin Chapter of the ACLU of Northern

California and interested guests at that groups' eighth annual

potluck supper at the Roger Kent estate in Kent Woodlands, (c)

Sunday, July 9

oe -Balmy Eyeige

It was a balmy Marin evening

`and the audience came from as

far away as Chico, Sacramento

and Fresno to hear Mr. Roose-

velt. The Chapter counted an

attendance of 1240, but there

were possibly from 50 to 100

more than that. In any case, it

was the biggest ACLU gathering -

~ in the history of the branch.

; who pledged his (c)

continued fight to abolish the

Roosevelt,

House Committee on Un-Ameri-

can Activities, flew in from Los

_Angeles that afternoon with his

wife. He returned to Washington

later that evening.

Challenge Congressmen

The congressman urged the

audience to challenge its repre-

sentatives in Washington to take

a firm stand against the HUAC,

and at the same time presented

apologies for those congressmen

who though sympathetic with his

stand remain mute on the floor

of Congress. He pointed out that

Congressman Walter, Chairman

of the HUAC, is in a strategic po-

sition to deny favors to those con-

gressmen who oppose his com-

mittee.

Roosevelt also said that other

steps can be taken against the

HUAC. He mentioned legislation

that. would prohibit the HUAC or

any other committee from using

the property of individuals or

companies without their permis-

sion, such as the film footage

used in "Operation Abolition."

He also decried congressional im-

munity for statements made by

congressmen on such committees

outside congressional halls.

Waste of Funds

The waste of funds by HUAC

should also be used as a weapon

against the committee, Roosevelt

said. He cited the publications

`issued by HUAC that duplicate

publications already available in

any library. He urged that an or-

ganization with time and funds

for research start documentation

of this charge.

"If we are to have any hope in

the survival of the principles of

ACLU NEWS

August, 1961

freedom in the years ahead," he

warned,

needs to exercise the greatest

leadership ever demanded."

Birch Society

In referring to the John Birch

Society, Roosevelt stated that the

organization should have the

same right to its opinions as any

other group. He said that the list

of communists, fellow travelers,

etc., that the Birchers are plan-

ning te compile on a nationwide.

basis is harmless, but that what

they do with such a roster will

bear watching. Their use may be

actionable, he warned.

: Roosevelt, introduced ,by

Milen Dempster, chairman of the.

Marin ACLU, was given a stand-

ing ovation. His talk was taped

by FM station KPFA.

"Operation Correction" ~

Following the Congressman's

speech, a preview of "Operation

Correction" was presented.

"Operation Correction" uses

the same film footage as "Opera-

tion Abolition," except for the

on-screen comments of Congress-

mien Walter, Johansen and

Scherer. The narration of Fulton

Lewis III is replaced by one of .

Ernest Besig, executive director

of the ACLU of Northern Cali-

fornia, which presents a_cor-

rected description of the events.

Audience Favorable

After the film was shown the

audience was asked to express its

opinion of it. Most everybody was

in favor of releasing the film.

From 25 to 50 persons voted

against the film.

Roger Kent, a member of the

ACLU's Committee of Sponsors,

welcomed the audience to his

beautiful home. -HLK.

Notice Re Use of ACLU

Membership Lists

_ The policy of the American

Civil. Liberties Union of North-

ern California and its chapters

is not to release its membership

and mailing lists to outside per-

sons or organizations for any -

purpose whatsoever. ACLU mem-

bers may use such lists only in

pee course of ACLU work, |

"the new administration

Regrets Voiced -

Over Partisan

Activity

While the eighth annual pot-

luck supper of the Marin Chapter

of the ACLU of Northern Califor-

hia was a smashing success (see

a report of the meeting elsewhere

in this issue), there was some un-

fortunate partisan political ac-

tivity, Democratic and otherwise,

for which the ACLU and its host,

Roger Kent, deeply. apologize.

The Chapter board, in which the -

ACLU has great confidence, is

considering the problem and will,

no doubt, seek to establish reas-

onable safeguards against a repe-

tition of such incidents

The ACLU -takes this occasion

to emphasize that it is a non-

partisan organization. Its job is

to keep the avenues of free dis-

cussion open for all sides. Nat-

urally, the persons who direct its -

affairs have partisan political

associations. Such partisanship,

however, should not be allowed (c)

to influence the work of the

ACLU. The effectiveness of the

ACLU would soon be lost if it

acted as the satellite of any polit-

ical group. The ACLU is counting

on the help of all of its members -

in maintaining its non-partisan

position-E, B.

Did You Fail To.

Receive the June

: i _w

Or July "News'?

- If you failed to receive your

copy of the ACLU NEWS during

the past two months it was very

likely because the office had

some problems with a new ad-

dressing machine. Those prob-

lems have now been solved and

the addressing of six thousand

envelopes for a NEWS mailing:

can be completed in about an

hour and a half.

The best part of the machine, ~

however, is a so-called expirator

device which purges the lists of

stencils of members whose mem-

berships are expiring. Previously

these stencils had to be pulled by

hand but now this is done auto-

matically. Pulling as many as

1500 stencils at one time used to

be a time-consuming chore in the

office. -

In any case, if you didn't re-

ceive your June or July issues of

the NEWS, the office would be

happy to supply them upon re-

quest, with our apologies for not |

doing a better job.

|

Moving Letter from

ney Aca U.S. Freedom

Three beautiful Norwegian bowls were displayed at the

recent potluck supper of the Marin Chapter. The story behind

the bowls is told in the following moving letter sent to the

the local board of directors by-Maren Hackett, a member of

concern of her Norwegian friends

over recent happenings in the

United States and their misgiv-

ings about our attitude toward

- freedom,

You have either received or

Shortly shall receive a package

from Norway. This is a gift from-

my rather large family here to

the Marin Chapter ACLU for

the Potluck dinner-and it is

sent with best wishes, affection

and-a deep sense of gladness to

know that there is such an or-

ganization in California. This is

their `gesture to you born of dis-

cussions in the long arctic night

when they finally knew and

trusted me enough to confide to

me their misgivings about our

country. Then they told me

things they would never tell to

tourists, to newspapermen or

consuls (even if they were

asked )-their feeling that Amer-

ica has betrayed almost irrevoc-

ably its fine promise of hope

and freedom for all people.

I could fill many pages with

the word of the average Norwe-

`gian's view of our foreign policy

but I cannot bear to expose their

really terrible fears that Amer-

- ica is going to be a full and will-

ing partner in Armageddon.

Enough to tell you their atti-

tude toward our internal policies

-for example-the situation in

the south-this is discussed end-

lessly and each discussion, ends

on the same note of anger and

bewilderment that the men who

helped to defeat the Nazis could

allow such a situation to take

place. Every Norwegian family

has a statue of a Negro on the

mantle or on the table with a

vase for flowers at its base which

is kept-filled with pine cones or

little mountain flowers. Just as"

every Norwegian family can

prove that it is descended from

a Jewish family. This latter fact

was discovered during the war'

when a great interest in gene-

alogies arose. The uncle with

whom I am presently staying is

the family historian and has in

fact traced our family back to

the Reformation and a fire-eat-

ing R. C. bishop who found I ly

too warm for him. At this point.

the Peer Gynt in him took over

and I have a beautifully hand

lettered genealogy showing that

I am descended from Abraham.

' Police brutality and capital

punishment in America are the

things next most frequently

`talked about - and Norwegians

believe that both belong' to a

more barbarous time-perhaps to

the infancy of the human race.

I will not go on, but let me say

that Norwegians didn't take to

Mr. J. F. Dulles even one little

- bit and their confidence in our

new government is tenuous; but

as it was more or less succinctly

expressed by one of my uncles

who was mutilated in an un-

_ the board now visiting in Norway, in which she tells of the

speakable way by the Gestapo

for helping `a Jewish friend es-

cape to Sweden, "hearing about

the ACLU is the most hopeful

thing I have heard about Amer-

ican since the time of Mr. Roose-

velt."

My family would be dreadfully

embarrassed if they knew that

I were writing all this but I

thought it would cheer you on a

little when board meetings, fund

raising, etc., got so sort of self

contained and tedious-to know -

that what you are doing is un-

derstood and profoundly admired

by many people here above the

Arctic Circle. The gifts I have -

not contributed to in any way.

They were chosen and sent by

a poor and proud people some |

of whom were in concentration -

camps, many of whom suffered

greatly during the war and to

all of whom "freedom" and "dig-

nity of the individual" are words

so important that they are never

spoken. Officially I am supposed

to say "Greetings to the Marin

Chapter of ACLU Pot Luck Din-

ner committee from your Nor-

. wegian friends. ea: Hackett

ACLU Backs Plea

To Rehear High

Court Decision

Continued from Page I~

wrong because registration would

violate the Fifth Amendment

privilege against self-incrimina-

tion, because of the Smith Act's

-application to Communist Party

officers. "Despite the Court's

statement that it was deciding

only the constitutionality of the |

registration provision and not

the penalties flowing from such

registration, the self-incrimina-

tion issue is a thorny problem

which cannot be brushed aside.

The registration provision cannot -

be isolated, and we agree with the

minority view that the decision

directly violates the self-inerim-

`ination privilege."

- Join A Group At Your Peril" :

`In its comment on the Scales"

case, the ACLU asked how, under

the Supreme Court's decision, -

"can freedom of association flour-

ish? This. decision vitiates the

First . Amendment by placing -

every individual on notice that

he joins organizations under peril

of future criminal prosecution.

It puts a premium on an ignor-

ant, not an enlightened citizenry. -

It requires that any person who

considers joining any organiza-

tion must do so either without

regard to its stated purpose or,

to protect himself, attempt from

the outside, to look behind such

purposes to find the `real'

motives of the organization.

Either procedure places extra

burdens on the right of free as-

sociation." a -

The first right of a citizen

Is the right

To be responsible.

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