vol. 27, no. 12

s

American

Union

Civil Liberties

Volume XXVII

Municipal Court Ruling

San Francisco, December, 1962

San Francisco

eal

Municipal Judge Leland Lazarus ruled last month that

San Francisco's law forbidding three or more youngsters un-

der 21 from congregating is unreasonable and, therefore, un-

constitutional. Aimed at teen-age gangs, Section 538 of the

Municipal Police Code provides "It shall be unlawful for

three (3) or more persons under

the age of twenty-one (21) years

to conaretate or assemble, or en-

gage in any sport or exercise, or

to make or endeavor to make any

noise or disturbance on any pub-

lic street between the hours of

8:00 p.m. and daylight of the fol-

lowing morning."

High School Student Involved

The decision was handed down

in the case of 18-year-old Edward

F. Viohl, a Mission High School

boy, who was arrested in Douglas

Park, at Douglas and Clipper

streets, last September 17. Viohl

was represented by Marshall W.

Krause, ACLU - Staff Counsel,

who first successfully moved to

withdraw a plea of "Guilty" en-

tered by Viohl's father. There-

after, Judge Lazarus sustained a

demurrer to the complaint filed

by Krause and it was dismissed.

Arbitrary Law

The ACLU relied in its argu-

ment on a decision invalidating

a.-Chico curfew ordinance in

which the court declared "The

law-making body of a municipal-

ity has no power, under the guise

of police regulation, arbitrarily

to invade the personal rights and

personal liberty of the individual

_ citizen."

Under the ordinance, a group

of boy scouts coming home from

a troop meeting at 9 p.m. would

be violating the law, but it would

not be unlawful if they proceeded

home two at a time. At the same

time, a curfew ordinance allows

youngsters under. eighteen to be

on the streets until eleven p.m.,

so long as they are alone.

Chief Cahill Unhappy

. Police Chief Thomas J. Cahill

criticized the decision as "an-

other instance of whittling away

at the controls we have to give

the people protection." He

claimed the law was rarely in-

voked, although the ACLU has

recently received several com-

plaints of its application. Cahill

said the Police Department will

probably substitute the "disturb-

ing the peace" law for Section

538.

"Some people will be hurt by

this ruling of unconstitutionality

regarding the `congregating'

"law," Cahill said, "because they

will have to be booked on a `dis-

turbing the peace' charge which

is more serious." As the San

Francisco Chronicle pointed out,

however, "The charge may be

more serious in Chief Cahill's

opinion, but it carries less of a

penalty.

Penalties Compared

"Conviction of disturbing the

peace carries a maximum penalty

of a $200 fine and/or three

months in jail.

"Conviction of congregating

carries a maximum penalty of a

$500 fine and/or six months in

jail. Both are misdemeanors."

District Attorney Thomas C.

Lynch announced he was Satis-

fied with the decision and would

not take an appeal.

Booksellers'

Conviction

Reversed

The conviction of a Daly City

couple for the sale of three al-

legedly obscene books was re-

versed by the Appellate Depart-

ment of the Superior Court of

San Mateo County in a decision

handed down by the: unanimous

three-judge court on November 1.

The court held that the couple, |

~ Mr. and Mrs. Jack P. Shaver, who

own the Daly City Cigar Store,

were denied due process of law

at their jury trial by the ruling

of South San Francisco Municipal _

Judge Charles Becker that they

could not show by the introduc-

tion of evidence what the con-

temporary community standards

were with regard to the frank

- discussion of and writing about

sex.

Testimony Rejected -

During the trial, which was

held in May of 1961, ACLU staff

`counsel Marshall W. Krause at-

temped to inform the jury as to

changing community standards

with regard to-the increasing

frankness of discussion of the sex-

ual aspect of human life but was

prevented from doing so by the

rule of several previous Califor-

nia cases that "obscenity" was an

abstract standard not. influenced -

by whatever else might be going

on in the community. Later in

1961 the California Supreme Court

decided the Harris case which held

that obscenity must be judged by

contemporary community stand-

ards.

. this ruling, the Appellate Depart-

ment held that the Shavers' con-

viction could not stand.

Under the compulsion of

D. A. Asks For Rehearing

Many other issues which were

raised in the ACLU brief on ap-

peal (in cooperation with co-

counsel Stanley Fleishman who

represented the publisher of the

books) were not passed upon by

she Appellate Department. These

included the failure of the trial

court to allow Norman Reider, a

psychiatrist, to testify concerning

the effect of the books in ques-

tion, which were original novels

of a low order of literary value,

on their. readers.

attorney has now asked the Ap-

pellate Department in a petition

for rehearing to pass on these

remaining issues because he says

he is in a "state of confusion and

perplexity as to the manner in

which to proceed" in the event

The district

of a retrial of the case, which he

has promised. The court `has not

yet ruled on me petition.

-M.W.K. -

Number 12

Customs Will

Release Some

Girlie Mags

As a result of conferences be-

tween Cecil Poole, U.S. Attorney

in San Francisco, and George K.

Brokaw, Collector of Customs,

many of the twenty thousand

Girlie Magazines seized by the

Customs Service during the past

eleven months will be released.

Mr. Poole informed the ACLU

he will proceed against eight

magazines to have the U.S. Dis-

trict Court declare them to be

obscene and to permit their de-

struction.

The yardstick for measuring

obscenity in the Girlie Magazine

cases is obscure. The U.S. Attor-

ney is apparently going to pro-

ceed merely against the maga-

zines containing pictures of par-

tially clothed females and not

against the magazines containing 0x00B0

only pictures of nude females.

There is nothing evil about the

poses of the girls in either case,

nor has any complaint been

made about the accompanying

text, which is usually Swedish,

Danish, French or English. The

magazines may be cheap and

tawdry but they would hardly

seem to satisfy the Supreme

Court's definition of obscene.

Applause for

ACLU Reported

By Herb Caen

The following item appeared

in Herb Caen's San Francisco

Chronicle column on. November

15: "Memo to Ernest Besig, head

of the ACLU here: Midway in

`The Manchurian Candidate, a

knockout of a movie, a liberal

Senator remarks about a right-

wing lady: `I was forced to sue

her for slander once. -Collected

$65.000, which I promptly gave

to the American Civil Liberties

Union.' At which by golly, the

audience bursts. into applause."

Louis Francis

Kaspin Case Terminated |

A long and determined battle against deportation to Rus-"

sia waged by Professor Albert Kaspin of the University of

Wisconsin's Slavic Languages Department and the ACLU of

Northern California was won last month with the decision of

Special Inquiry Officer Monroe Kroll that Kaspin was an

American citizen and therefore

could not be deported. The Im-

migration Service has announced

that they will not appeal Kroll's

decision and the case is now

terminated. This means that for

the first time since his return to

the United States in 1946 Kaspin

can go about his professional

duties without wondering how

Court Denies

Writ in

Alcoholic Case

Judge Harold Holden of the

Santa. Clara Couaty Superior

Court denied on October 29 the

application for a writ of habeas.

corpus filed on behalf of Solomon

Earl Foster by ACLU attorneys.

Foster is being held at the county

jail farm and treated exactly the

same way aS are persons con-

victed of various misdemeanors.

The trouble with this proce-

dure is that Foster has not him-

self committed a crime but is

"suilty" only of the disease of

alcoholism. The ACLU unsuccess-

fully contended that to treat him,

without conviction of a crime, the

same way as a criminal, was cruel

and unusual punishment.

The ACLU. plans to appeal.

Judge Holden's decision but this

"may be prevented by the pre-

mature release of Foster which

is now under consideration by

the authorities. in any event,

ACLU volunteer attorney

Solomon Zelter,.of San Jose, who

has carried the burden of the case,

reports that County officials now '

recognize that their plan for the

eare of alcoholics is inadequate ~

and are meeting soon to formu-

late new plans. -M.W.K.

Amendment

Overwhelmingly Defeated

The Louis Francis Amendment, Proposition 24 on last

`November's ballot, was defeated by about one million votes

in one of the election day surprises. On October 5, dire pre-

dictions were being made by Mervin D. Field's California

Poll that Proposition 24 would be approved by 66% of the

voters if the election were held

on that day. Instead of 2 out of

3 persons voting in favor of the

Francis Amendment on election -

day, more than six out of ten per-

sons cast their ballots against it.

It is not.entirely clear how this

result was achieved in just a

month's time, except that many

persons in many communities, in-

cluding many ACLU members,

suddenly alarmed, went to work

to inform:the rank and file vot-

ers about this witch-hunting

monstrosity. In northern Califor-

nia, only the three small counties

of Inyo, Kings and Mono sup-

ported Proposition 24, while in

"southern California, only Orange

county, the center of the radical

right in California, voted for it.

In most northern California

counties the vote was better than

2 to 1 against the amendment,

while in such counties as San

Francisco, Sacramento, and Ma-

rin, better than 3 to 1 majorities

were piled up against it. :

Southern California didn't do

quite as well, but we ought to be

thankful that even in huge Los

Angeles county, which has a de-

served reputation for supporting

crack-pot schemes, they voted

against the proposal by a ratio of

9 votes to 8. :

Contrast these results with

what happened the previous time

the voters of the State passed

judgment on measures aimed at

alleged subversives. That was in

1952 when Propositions 5 and 6

were before the people during

the Korean crisis. Proposition 5

prohibited public employment of

persons advocating violent over-.

throw of the government and al-

so denied them tax exemption,

while Proposition 6 established

the Levering Act loyalty oath for

public employees. In 1952, these

proposals were adopted by a 2 to

1 vote, although the vote in

southern California favored the

measures by about 3 to 1.

Fortunately, California has

come a long way since 1952, de-

spite the continuing cold war.

And, in consequence of the de-

- feat of the Francis Amendment,

it is clear that witch-hunting leg-

islation won't stand much chance |

in the 1963 session of the State

Legislature.

long he will be permitted `to re-

main in the country of his birth.

How It Started?

Kaspin's story is one of a fas-

cinating and yet dreadfully tax-

ing and prolonged journey to a

foreign country. He was born in

St. Louis, Missouri in 1914 and

while still a teen-ager became in-

terested in communism and the

Soviet Union. He journeyed to

the USSR in 1934 to find out

what life was like there and went

to work helping build the Mos-

cow subway. In order to stay

longer than six weeks he was told.

that he had to apply for Russian

citizenship and renounce his U.S.

citizenship. He took these steps

while still under the age of 21.

He also joined the Komsomol,

the youth organization of the

Communist Party in USSR.

Shortly thereafter came Stalin's.

purge trials and "spy scares"

during which every foreigner,

whether a naturalized citizen of

the USSR or not, was a suspected _

class enemy. Kaspin narrowly

escaped arrest and exile several

times probably due to his care

_ to live as quietly and as-much

like an ordinary Russian as pos-

sible. He was well aware of the

meaning of Stalin's warning just

prior to the elections of 1937 io~

the effect that those who are

not with us will be considered

against us, and he therefore

voted `in the Soviet election of

1937. By 1939 the pressure of the

totalitarian regime was too great

- and Kaspin decided that he must

take the risk of applying for an

exit visa and renounce his Soviet

citizenship.

Returned As Quota Immigrant

`His applications were. not

granted but he lost all the priv-

ileges of Soviet citizenship such

as employment and a ration card.

From that time on and until he

was able to leave the USSR in

1946 as a quota immigrant to the

United States, Kaspin worked

mainly for the U.S. Red Cross

and lived in the American Em-

bassy in Moscow. He voted for

the second time in the Soviet

election of 1946 because he had

to remain in the good graces of

Soviet officials to get an exit

permit.

Deportation Ordered

In 1954, while Kaspin was a

student at Berkeley, he was

served with a deportation order

and obtained the representation

of the ACLU. The special inquiry

officer held in that proceeding

that he had lost his U.S. citizen-

ship and should be deported to

the USSR because of his past

membership in Komsomol and

the Young Communist League.

The Board of Immigration Ap-

-peals affirmed the expatriation

-Continued on Page 3

In This Issue...

By-Laws of American Civil

Liberties Union of

Northern California, Inc. p. 2

Obituary on Nixon Raised

Civil Liberties Issues ...p. 3

Pamphlets and Books

Fer Sale by ACLU ..... p.2

Restraining Orders Ban

Campaign Literature

.p.4

South Subverts Civil Liberties

Liberties to Deny Rights .p. 3

Test Sought on Court Ban

of Alabama Meetings ...p. 4

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

ERNEST BESIG...Editor _

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

Subscription Rates -- Two Dollars a Year*

Twenty Cents Per Copy

Ralph B. Atkinson

Dr. Alfred Azevedo

Prof. Arthur K. Bierman

Rey. Richard Byfield"

Prof. James R. Caldwell

William K. Coblentz

Richard DeLancie

Rabbi Alvin I. Fine

Mrs. Zora Cheever Gross

John J. Eagan Toe

Prof. Van D. Kennedy

Rey. F. Danford Lion

Prof. Seaton W. Manning

_ Honorary Treasurer:

Joseph M. Thompson

Honorary Board Member

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

Joseph Eichler

Morse Erskine

Dr. H. H.. Fisher

Mrs. Margaret C. Hayes

Prof. Ernest Hilgard -

Mrs. Paul Holmer _

Mrs. Mary Hutchinson

Richard Johnston

Roger Kent

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

Helen Salz-

Rev. Harry B. Scholefield -

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

John. RO May

Lloyd L. Morain

Prof. Herbert L. Packer

William M. Roth

Clarence E. Rust

John Brisbin Rutherford

Mrs. Alec Skoinick

Mrs. Martin Steiner

Gregory S. Stout

Stephen Thiermann

Richard J. Werthimer

Donald Vial

GENERAL COUNSEL

Wayne M. Collins

Mrs. Ruth Kingman

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

Mrs. Theodosia Stewart .

Mrs. Kathleen D. Tolman

Rt. Rey. Sumner Walters

Pamphlets and Books

For Saleby ACLU)

The following books and pam-

phlets are available at the ACLU

office, 503 Market St., San Fran-

cisco 5, Calif., at the prices indi-

cated. Mail orders accepted if

accompanied by payment:

1..Academic Freedom and Aca-

demic Responsibility - A state-_

ment of the principles concer-

ing the civil liberties of teachers

in public and private schools, col-

leges, and universities, published `

by the ACLU. 16 pages. Price 10 -

cents.

2. Academic Freedom and Civil

Liberties of Students in Colleges

and Universities - Published by

the ACLU in November, 1961.

15 pages. Price 10 cents.

3 Academic Due Process -. A

statement of desirable procedures

applicable. within educational

institutions in cases involving

academic freedom. Published by

the American Civil Liberties

Union. 8 pages. Price 10 cents.

_ 4. "Testing Whether That Na-

tion" - 41st annual report of the

national ACLU-July 1, 1960 to

June 30, 1961. 80 pages. Price

75 cents.

5. Movies and Censorship, by

Bosley Crowther - Public Af-

fairs Pamphlet, issued Septem-

ber, 1962. 28 pages. Price, 25

cents.

6. The Wiretapping Problem

Today - A report of the Ameri-

ean Civil Liberties Union, pub-

lished March, 1962. 20 pages.

Price, 15 cents.

7%. Grand Inquest, by Telford

Taylor - Ballantine Books, Inc.

This excellent book was first pub-

lished in 1955 and deals gen-

erally with congressional investi-

gations. Price, 75 cents.

8. What's Happening in School

Integration? By Harold C. Flem-

ing and John Constable. Public

Affairs pamphiet issued Decem-

ber, 1956. 20 pages. Price 25

cents.

9. Engel vs. Vitale, Jr. Opin-

jons of the U. S. Supreme Court

in the Regents Prayer Case, de-

eided June 25, 1962. 32 pages.

Price, 20 cents.

ACLU NEWS

Pade 2

DECEMBER, 1962

10. Religion and the Eee So-

ciety.-Articles. by William Lee

Miller, William Clancy, Arthur

Cohen, Mark DeWolf Howe and

Maximilian W. Kempner. Pub-

lished by the Fund for the Re-

public. 107 pages. Price, 50 cents.

11. Religion and the Public

Schools, by Marvin Braiterman-

Published by the Commission on

Social Action of Reform Judaism.

72 pages. Price, 35 cents.

13..Secret Detention by the

' Chicago Police-A report by the

American Civil Liberties Union,

Illinois Division. 47 PHBES Price,

$1.00.

14. Some Illustrations of the

Harms Done to Individuals by the

House Committee on Un-Ameri-

can Activities A mimeographed

illustrative digest of the harms

suffered by persons called to tes-'

tify, mamed in hearings or in-

volved in other ways with HUAC. -

Published by national ACLU.

Price, 25 cents. :

14. The Un-Americans, by

Frank J. Donner-Published by

Ballantine Books, Inc. Presents

in a popular manner the commit-

tee's abuses over the years. Price,

60 cents.

15. Wh en Congress Investi-

gates, by Alan Barth-A concise'

account of the legislative power

of inquiry, its history, usefulness,

and its limitations. Public Affairs

pamphlet. 28 pages. Price, 25

cents.

16. Operation Abolition: Some

Facts and Some Comments - A

comprehensive, objective, well-

_written analysis of distortions in

the film, giving clear evidence of

what actually happened at S. F.'s

City Hall in May, 1960. Published

by the National Council of

Churches. Price, 50 cents.

17: Why Should Congress Ab-

olish the House Un-American Ac-

tivities Committee? - Published

by the American Civil Liberties,

Union, January, 1961. 4 pages.

Price, 5 cents.

18. Foundations of Freedom in

the American Constitution.-Edi-

ted by Alfred H. Keily. A guide

to understanding the nature of

our constitutional liberties. Har-

per and Brothers, publishers. Hard

cover. 299 pages. Price, $3.50.

2 of Northern Californie, Inc.

7

ARTICLE I

Name

The name of this organization

shall be the American Civil Lib-

erties Union of Northern Cali-

fornia.

ARTICLE If

Headquarters

The headquarters of the Union

shall be in San Francisco.

ARTICLE WE

Affiliation

This organization shall func-

tion as an affiliate of the Amer-

ican Civil Liberties Union, Inc.,

of New York.

ARTICLE IV

Object

Its object shall be to maintain

the rights of free speech, free

press, free assemblage and other

civil rights and to take all legiti-

mate action in furtherance of

such purposes. The Union's ob-

ject shall be sought wholly with-

out political partisanship.

ARTICLE V

Membership and Dues

All persons wishing to further

the purposes of the Union are

eligible for membership. Mem-

bership is established by signing

an application and paying the an-

nual dues. Dues shall be fixed by

the Board of Directors.

ARTICLE VI

_ Board of Directors and Officers

la. The direction and adminis-

tration of the Union shall be un-

der the control of a Board of Di-

rectors of not less than fifteen

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

members. The Board of Directors

shall meet once each month, at a

time and place fixed by the

Chairman, or on request of five

or more of its members. Mem-

bers of the Board who fail to at-

tend five consecutive meetings

without explanation may be

dropped from membership in the

Board by a majority vote of all

of the members of the Board.

Seven members of the Board

shall constitute a quorum.

b. Members of the Board of

Directors shall be elected for

three-year terms, and are eligible

for two full consecutive three-

year terms. The foregoing limita-

tion shall not apply to an incum-

bent chairman of the board; how- ~

ever, nine years shall be the max-

ium served in any event. Prior

election to unexpired terms shall

be permissible in addition to the

two full terms.

served two consecutive terms,

members shall

eligible for election cnly after at

least one year's absence from the

board, and they shall continue to

be eligible for election for pe-

`riods of two full consecutive

three-year terms, so long as such

_ periods of service are interrupted

by at least one year's absence

from the board.

c. An exception to the forego-

ing provisions shall be made in

the cases of board members who

served on the original Board of

Directors. After *he expiration

of their present terms of office,

said board members shall hold

office for life, with full voting

rights

d. Each year, at the April

meeting of the Board of Direc-

tors, a committee of five per-

sons, composed of two members

of the Board of Directors and

three members of the American

Civil Liberties Union who are

After having -

again(R) become

As Amended May 10, 1962

not members of the Board of Di-

rectors, shall be appointed by

the Chairman to serve as a

nominating committee to nomi-

nate persons to fill Board of Di-

rector terms expiring during the

current year as well as any unex-

pired terms that may be vacant.

The committee shall report its

recommendations to the Board of

Directors at the September meet-

ing, the proposed nominations of

which shall be subject to ap-

proval or change by the Board of

Directors at the said meeting.

e. Every year, the April issue

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

earry an invitation to the Union's

membership to suggest names to

the nominating committee, and

such names must reach the Un-

ion's office not later than April

30 in order to receive considera-

tion. The nominating committee

shall consider such suggestions

but shall not make any nomina-

tions until after April 36.

f. In addition.to the foregoing

method of proposing: names to

the nominating committee, mem-

bers may make nominations di-

rectly to the Board of Directors

in the following manner: Not

later than August 1 of each year,

nominations may be submitted

by the membership directly to

the Board of Directors, provided

each nomination be supported `by

the signatures of 15 or more

members in good standing and

be accompanied by a summary of.

qualifications and the written

consent of the nominee.

2a. The officers of the Union

shall be: a Chairman, three Vice-

Chairmen, a Secretary-Treasurer,

and an Executive Director, who

shall be elected by and hold of-

fice at the pleasure of, the Board

of Directors.

b. Officers of the Board of Di-

rectors shall be elected annually

for terms beginning November 1.

c. Each year at the April meet- "

ing the chairman shall appoint

three members of the Board to

act as a Nominating Committee

for officers of the Board. The

Committee shall present. its nom-

inations to the Board at the Sep-

tember meeting.

3. The Chairman shall pre-

side at all meetings of the mem-

bership and, the Board of Direc-

tors and act in cooperation with

the other officers and with com-

mittees as found necessary or

desirable.

4. The Vice-Chairmen shall act

in lieu of the Chairman in event

of the latter's absence or in-

ability to serve.

"5. "che Secretary- Tre asurer

shall perform the usual duties of

such an office.

6. The Executive Director `shall

conduct the office of the Union,

issue its monthly publication,

maintain minutes of all meetings

of the Union and the Board of

Directors, keep the records of

membership and of receipts and

disbursements,

ters of civil liberties coming to

the attention of the Union be-

"tween meetings of the Board of

Directors and revort thereon at

the following meetings of the

Board, secure the services of at-

torneys, appear before public

bodies on behalf of the Union,

and perform such other duties

as may be assigned by the Board

of Directors...

7. Such other committees as

may be found necessary or de-

sirable may' be elected or ap-

pointed as determined by the

Board of Directors.

Say

handle all mat- -

ARTICLE VII

Meetings

la. A general membership

meeting shall be held in San

Francisco at least once each year

for the purpose of receiving re-

ports of activities during the pre-

ceding year, and considering such

-other business as the Board of

Directors may lay before it.

b. Special meetings of the

`members may be called at any

time by a majority of the Board (c)

of Directors or shail be called by

the chairman on the written re-

quest of at least 10 per cent of

the membership. Any such peti-

tion and the notice of such meet-

ing shall state the purpose there-

of; notice shall be sent 10 days

before the date set for such -

meeting. No business other than

that specified in the notice of the

meeting shall be transacted. The

presence of 15 per cent of the -

membership at any special meet-

ing shall constitute a quorum.

2. Additional membership

meetings for the transaction of

business indicated in the preced-

ing section shall be held at the

-eall of the Board of Directors.

3. Luncheon, dinner, mass or

area meetings may be held or

lectures may be sponsored, as di-

rected by the Board of Directors.

ARTICLE VIII

Chapters

The Union by'a majority vote

of its Board of Directors may

grant a charter to any petitioning

local group in Northern Califor-

nia which has given satisfactory

evidence of vitality, leadership

and devotion to the objectives

and program of the Union. Char-

ters may be revoked for cause by

a two-thirds vote of the Board of

Directors, but only after a state-

ment of reasons has been sent by

the Board of Directors to the

chapter officers and members of

the chapter board and a full

hearing accorded. Chapter By-

Laws shall not go into effect

until they are approved by the

Board of Directors.

ARTICLE IX

Rules of Order

Except as covered by the fore-

going, "Robert's Rules of Order,

Revised," shall govern the con-

duct of all meetings of the mem-

bership, the committees and

Board of the Union.

ARTICLE X

Amending By-Laws

These BY-LAWS may be

amended at any meeting of the

Board of Directors by a. vote of

a majority of all of the members -

of the Board, provided the pro-

posed amendments are first sub-_

mitted to the members of the

Board. -

Distribution of

Birth Control

Information O.K.

While upholding the state's

1901 law prohibiting the adver-

tising of contraceptive devices,

the Arizona Supreme Court on

October 31 ruled in favor of al-

lowing distribution of birth con-

trol literature. :

The decision approved distri-

bution of such literature by the (c)

Planned Parenthood Committee

of Phoenix, which was also up-

held in its right to operate birth

eontrol clinics.

A Southerner Reports

South Subve:

Civil Liberties

To Deny Rights

A vivid, up-to-the-minute presentation of the case for

human rights against the South was brought to the 28th an-

nual meeting of the ACLU on November 15 by Wiley A.

Branton, director of the Voter Education Project for the

Southern Regional Council.

Drawing on his firsthand ex-

perience as head of the program

for voter registration in the south-

ern states and as a civil rights

attorney, Mr. Branton developed.

the case with live, graphic docu-

mentation. He reported that

there are 5 million Negroes of

voting age in the South. Only.

1% million are registered voters.

He cited the problems stopping

the other 3% million citizens

from going to the.polls. He de-

- seribed specific instances of po-

lice harassment, arrests on

trumped-up charges, acts of vio-

Jence, fantastic courtroom proce-

dures in civil rights cases and

"the almost total failure of the

Bar in the South to represent

people trying to exercise their

basic constitutional rights."

Terror Against Individuals -

Mississippi and Georgia sup-

plied most of the raw material

for Mr. Branton's picture of the

"Rape of the 15th Amendment."

In vivid detail he brought home

to ACLU members and friends

what courage it takes for a Negro

in Mississippi merely to ask

about registration. Glaring acts

of totalitarian officialdom make

for the uncivilized way of life of

Sunflower County, the home seat

of Senator Eastland, ironically

chairman of the Judiciary Com-

mittee in the U. S. Senate. The

description of a day in court for

a civil rights defendant in this

county had overtones of an

"Alice in Wonderland" _ trial,

without benefit of humor. Con-

viction preordained, no whit of

justice had a chance to edge into

the mock proceedings.

Attacks On Organizations

In addition to terrorizing in-

- dividual Negroes, officials attack

the organizations and institutions

participating in the registration

campaign. A church holding ed-

ucational courses for registration

had its tax exemption cancelled,

its free water supply cut off and

its insurance dropped. And in

"the terrible county of Terrell,"

in Georgia, cooperating churches

have been burned down.

Despite these many,

problems standing in the way of

civil rights in the South, Mr.

_ Branton saw great promise in the

advances of recent years. The po-

tential of the Voter Education

Project, though less than a year

_old, was reflected in the tremen-

dous increase in the number of

registered Negro voters in Mem-

_ phis, Tennessee and in Atlanta,

Georgia. This development played

a strong part in Atlanta's elec-

tion of a Negro to the state legis-

lature-the first since Recon-

struction days.

Washington Must Do More

But thorough-going democracy

eannot win over the South, Mr.

Branton warned, without direct

assistance from the U. S. Depart-

"ment of Justice. He commended

the present Administration's rec-

ord but asserted Washington was

not doing enough. He called on

the Attorney General for vigilant

support of the civil rights move-

ment and strict enforcement of

national laws. He urged greater

regard for libertarian values. in

ACLU NEWS

DECEMBER, 1962

Page 3

vicious

the appointment of Federal

judges in southern districts.

Finally he challenged a meinber

of Congress to stand up on the

floor and demand implementa- .

tion of the 14th and 15th Amend-

ments. Never fully enforced,

these amendments to. the Consti-

tution provide for cutting Con-

gressional representation from

those states denying the ballot

to any part of the population in

proportion to the number of

people disfranchised.

Friedman Presides,

Howard A. Friedman, chairman

of the Board of Directors for

the ACLU of northern Califor-

nia, chaired the evening's pro-

gram. Executive director Ernest

Besig reported on the past year's

activities. Discussing the clearcut

defeat California voters gave

Proposition 24 on election day,

he analyzed its positive implica-

tions for civil liberties. In giving

the gist of outstanding ACLU

cases and victories, Mr. Besig in-

troduced several defendants

present in the audience who had

successfully fought infringements

of their constitutional rights: Mr.

and Mrs. Seaborn Burks against

discrimination in housing, Eu-

gene Grundt for citizenship and

Jack Owens for academic free-

dom.

Volunteers Help

Many members gave invaluable

assistance to this year's annual

meeting. With her well-known

talent, Mrs. Lois Shapiro "ar-

ranged a beautiful floral piece

for the serving table. Among the

hostesses greeting guests,

literature table and pouring cof-

fee were: Mmes. Dorcthy Franz-

blau, Charlotte Kintz and Jac-

queline Steiner and the Misses

Garnet. Gorin, Shirley Lipian,

Julina Sheidon, Barbara Stone-

cipher and Carol Wheatley-J.H.

Juvenile Court |

Case Raises

Religious Issue

The 14-year-old boy of a Solano

County resident was made a ward

of the court recently and placed

for custodial care in Hanna Boys

Center in Sonoma, a Catholic

institution: The mother contacted

- the ACLU when the boy was re-

quired to attend catechism class

and was not allowed to keep his

King James version of the New

Testament despite the fact that

`he was Protestant.

After. a good deal of cor-

respondence with the probation

officer the boy was excused from

religious class, but then Hanna

Boys Center refused to care for

him any further and he was

transferred to the Juvenile Hall.-

At a hearing before Judge Ray-

mond.J. Sherwin of the Solano

County Juvenile Court, ACLU

attorney Marshall Krause was as-

sured that the right to the reli-

gion of one's choice was recog-

nized -in the County's juvenile

program and that this particular

case had resulted from a mistake

in the boy's religious preference.

The case has now been trans-

ferred to Contra Costa County

where the mother hopes to be

able to establish a proper home

of her own for the boy. -M.W.K.

Hear Ye!

Monterey Co.

ACLU Members

Greeting the holiday season,

the Monterey chapter board will

hold this month's meeting at the

Hof Brau on Carmel Hill on De-

cember 20. All members in the

county are invited. Meet at the

Hof Brau for dinner, 6:30 p.m.,

stay for the meeting-the busi-

ness will be short-and join in

the fellowship. Members dining

Soe will be welcomed at

8: 0. a

. the.

Sixteen-Year

Fight To Prove

Citizenship Won

Continued from Page 1- |

but remanded for further evi-

dence on the nature of -Komso-

mol and the YCL. During 1955

and 1956 depositions were taken

from witnesses in New York and

Los Angeles who said that Kom-

somol advocated overthrow of the

government of the United States

(the witnesses had never been

members of Komsomol or even

been to the Soviet Union). In No-

vember of 1956 the Board of Im-

migration Appeals ordered the

YCL charge dismissed but sus-

tained deportation by reason of

the Komsomol membership...

Court Action

At this point a coniplaint for

declaratory relief was filed in

U.S. District Court to have it

established that Kaspin never

lost his citizenship. Later in 1957

the proceedings were remanded

to the Board of Immigration Ap-

peals for a change in wording of

the charge, but the charge was 0x00B0

again sustained. Meanwhile, the

government had agreed not to

deport Kaspin if he would not

press his declaratory judgment

action so this suit remained in

abeyance. Meanwhile Kaspin and

Larry "Speiser of the Washing-

ton, D.C. ACLU had interested

Senator Proxmire in the case and

he made inquiries of the Im-

migration Service.

New Evidence

Early this year the Immigra-

tion Service informed the ACLU

that it had obtained new eyidence

concerning Kaspin's naturaliza-

tion in the USSR. and wished to

reopen the proceedings before a

special inquiry officer. At this

hearing the Service produced ev-

idence which substantiated Kas-

pin's claim, which had previously

been denied, that his naturaliza-

tion took place before his 21st

birthday. It was then found by

the special inquiry officer that

none of Kaspin's conduct after

his 21st birthday could be con-

sidered a ratification-of his So-

viet citizenship because he was a

dual citizen during this period.

The Service decided that it had

no sound basis for appeal of

these findings of fact, and the

case was terminated.-M.W.K.

ACLU Expresses

Appreciation for

Honor to Tolman

The ACLU Board of Directors

on November 8 unanimously

adopted a resolution expressing

its appreciation to Clark Kerr,

President of the University of

California, and to the Regents for

their action in naming the new

Education and Psychology build-

ing on the Berkeley Campus in

honor of Prof. Edward C. Tolman. -

"This action was particularly

pleasing to us," declared ACLU

chairman Howard `A. Friedman in

a letter to President Kerr, "be-

cause of our great admiration for

Prof. Tolman and because of his

association with our work as a

member of our National Com-

mittee and through his wife's

long association with the ACLU

on our local board of directors.

"The action seems to us espe-

cially generous and considerate,"

the letter went on to say, "in

view of the past differences be-

tween Prof. Tolman and the

Howard K. Smith Program

Obituary on Nixon Raised

Civil Liberties Issues

The American Civil Liberties Union agreed with the

- American Broadcasting Company last month that the presen-.

tation of the Howard K. Smith program on Richard M. Nixon,

which included remarks by Alger Hiss, was a significant

freedom of speech and freedom of the press issue.

RICHARD: DE LANCIE

Re-Elect

DeLancie to

-ACLUNC Board

Richard De lLancie of San

Mateo rejoined the board of Di-

rectors of the ACLUNC last No-

vember 1 after an absence of

over a year. He first joined the

board in November, 1957. He re-

signed from the board in Sep-

tember, 1961, because his job re-

quired him to spend a year in

Massachusetts.

DeLancie, is president of

United Research Services of Bur

lingame and Massachusetts, with

which he has been associated

since 1954. He received an AB

degree in Geology from the Uni-

versity of California in 1940 and

later returned to Berkeley for

two years of graduate work in

mathematical statistics. He is a

member of the American Society

of Photogrammetry, The Opera-

tions Research Society, The In-

stitute of Management Sciences,

the Econometric Society, the In-

stitute of Mathematical Statistics,

and Pi Mu Epsilon.

Hearing for

"Man Without

A Country'

Let Poy Wong, who became

known as the "man without a

country" when the action of the

Immigration Service left him

stranded on a ship between San

Francisco and Hong Kong with-

out being able to get off at either

end, will finally get a chance to

present his side of the case at a

hearing scheduled for December

3 before a special inquiry officer

at 630 Sansome Street. _

It will be the contention.of the

ACLU that Wong, who has been

a resident of this country for 40

years, not only should not have

been excluded without a hearing,

as was strongly hinted by federal

judge Alfonso J. Zirpoli in the

habeas corpus proceedings which

saved Wong from his endless

voyages, by should not be pro-

ceeded against in any other way

except a deportation hearing in

which the Government must show

that he has committed an act of

deportation. -M.W.K.

Regents, and would seem to fur-

nish further evidence.that the -

"wounds resulting from the un-

happy loyalty oath struggle have

now been healed and a harmon-

ious relationship re-established

with the entire Faculty."

The executive director of the

ACLU, John deJ. Pemberton, Jr.,

released the text of a letter sent

to FCC chairman Newton Minow

setting forth the Union's civil

liberties views of the controversy.

Controversy Essential

"The Commission has pointed

out on numerous occasions the

presentation of controversy is an

essential ingredient of the public

interest clauseof the communi-

cations law," the ACLU said, add-

ing: "The airing of such kinds of

programs clearly illustrates for

the public the importance of the

First Amendment right of dis-

sent to'a free society. We agree

wholeheartedly with the com-

ment made by Mr. Hagerty in his

TV comment Sunday evening dis-

cussing .the controversy:. `The

issue deals with the basic Amer- ~

ican principle of freedom of. the

press, of exchange of ideas, free

speech, free assent and dissent.

.. To yield to prior censorship

and the pressures of personal at-

tack and economic boycott is to ~

surrender the basic right of free-

dom of the press. This right we

will never surrender-or com-

promise. To do so would be to

betray our responsibility as a

news medium. If we are weaken-

ed, you are weakened, for if

through fear or intimidation we

fail to provide all the news-good

or bad, favorable or unfavorable

-then you, the citizens of the

' nation cannot be properly in-

formed."

Station Determination

The decision of stations WNHC

in New Haven and WFIL in

Philadelphia not to carry the

Smith program' was within the -

right of stations to determine

the content of its news programs,

the civil liberties group said.

"Difficult as it may seem to

some, we believe this right must . :

be safeguarded if the principle

of self-decision on news presen-

tation is to be preserved. If the

principle of self-determination

on editorial matters is not pre

served what-alternative is there? -

Outside control, presumably by |

the FCC, is the obvious answer,

and such control we would op-

pose. We believe the FCC has

the right and oblieation to re.

view the over-all programming

performance of a licensee, to de-

termine if the licensee is observ: "

- ing the public interest clause,

but we disagree that; this in-

cludes the right to require that a

particular program be put on or

taken off the air. This is a posi-

tion to which the FCC itself sub.

scribes."

Decision Regretted

`Although supporting the righ _

of a station to determine what -

program it wishes to present, the

ACLU said that such a decision,

"as in the case of the Smith pro-

gram, may deprive an entire

community of exposure on the

air to a particular subject be-

cause it is controversial. There- ":

fore, we regret the decision of

the owner of the stations con-

cerned in New Haven and Phila-

delphia to drop the Smith pro-

gram."

Vexing Issue

The ACLU letter said the con-

troversy surrounding the Smith

program "raises once again the

vexing issue of presenting contro-

versial discussion on the air. Be-

hind this lies the problem of as-

suring (1). to the public the wid-

est diversity of information and

opinion on social issues and. (2)

to the station licensee the right -

to select material, in his. inde-

pendent judgment, for presenta-

tion to the public-both guaran-

tees of the First Amendment."

Censorship by Courts

ACLU attorneys were unsuccessful last month in lifting

a restraining order preventing the distribution of an election

pamphlet by Karl Prussion of Los Altos entitled "California

Dynasty of Communism." The pamphlet attacked the ACLU,

Gov. Edmund G. Brown, Attorney General Stanley Mosk and

State Controller Alan Cranston. -

The restraining order was

issue by Los Angeles Superior

Judge Kenneth N. Chantry on

the strength of a damage suit

filed by members of the Dem-

ocratic State Central Committee

which charged that the pamphlet

carried "false assertions intended

to injure, defame and discredit

the three candidates for re-elec-

tion?

ACLU Statement

"We admit the pamphlet con-

tains distorted and grotesque

representations of ACLU and

others," said Eason Monroe, ex-

ecutive director of the ACLUSC,

"but we trust the people to make

up their own minds as to what is

true or false. We think no judge

can decide what people can read.

If the writers of the pamphlet

have broken the law, let them be

prosecuted for the violation, but

no one should act as a censor.

This would be a violation of the

freedom of speech guarantees of

the First Amendment."

- Election Code Violated

Judge Chantry refused to lift

the restraining order on the

grounds that the pamphlet did

not comply with the California

Election Code which requires -

the name and address of the

printer and publisher on any

pamphlet which is designed to

injure or defeat any candidate

for nomination or election to any

public office by reflecting upon

his personal character or peu

ical action.

Poll Enjoined |

A possibly less flagrant case

of the issuance of a restraining

order to enjoin circulation of a

publication arose in San Francis-

co before election where Supe-

rior Court Judge Byron Arnold,

not noted for his support of civil

liberties, in a $500,000 damage

suit filed by the Democratic.

State Central Committee en-

joined the so-called Committee

for the preservation of the Dem-

ocratie Party from circulating the

"results of a poll and from send-

ing out further mailings of a

questionnaire that smeared the

California Democratic Council as

a "left-wing minority" in the

Democratic Party. The poll also

asked for contributions to the

Committee.

Three Reasons Given

Judge Arnold reportedly ruled

on October 30 that the question-

naire violated the State Elections

Code on several counts. In the

first place, he asserted the ques-

`tionnaire pretends to be the prod-

uct of the official Democratic

Party, although this isn't what it

says. In the second place, he

made the tenuous claim that the

group was attempting to solicit

funds under the name of the

Democratic Party without con-

sent of that group. Finally, he

found that the publication omit-

ted the name and address of the

printer of the publication.

Unfortunately, attorneys for

the Committee decided not to ap-

peal Judge Arnold's ruling to the

District Court of Appeal. At the

time, ACLUNC was: considering

intervention in the case.

ACLU NEWS

DECEMBER, 1962

Page 4

prompt

Two Republican Cases

The Republican Party also re-

sorted to the courts in order to

prevent the distribution of cam-

paign literature. In Los Angeles,

campaign manager H. R. Halde-

`man of the Nixon for Governor -

Committee filed a two million

- dollar damage suit on November

2 and secured an order from

Superior Court Judge Kenneth

Chantry enjoining the further

distribution of two leaflets. One

was titled "Questions Nixon

Won't Answer About the $205,000

~Hughes Tool Co. Loan" and the

other was called "Do You Want

This Kind of: Governor in Cali-

fornia?" Haldeman claimed that

the second leaflet purported to

be a reproduction of'a deed to

the home Nixon purchased in

Washington, D.C. in 1951 but that

a phony raciai restrictive cov-

enant had been inserted. *The

first leaflet was alleged falsely to

impute Nixon's honesty.

TV Case

Also, in San Francisco, Senator

cent

`Thomas Kuchel's campaign of-

ficials secured a temporary re-

straining order on November 3,

enjoining the use of a television

plug for Democrat Richard Rich-

ards, which ended with a state-

ment it was sponsored by a com-

mittee to "re-elect" Richards.

The suit charged the use of

"false and misleading advertis-

ing."

The issuance of restraining

orders to prevent the circulation

of campaign material would seem

to be a clear violation of the

First Amendment. In the future,

the ACLU must be prepared for

intervention in such

cases,

Overrule Gov't

Objection to

CLU Appearance

The November issue of the

NEWS announced the ACLU's in-

tention to file a brief amicus

curiae on behalf of Archie Brown,

convicted under the terms of the

Landrum-Griffin Act of the crime

of being a member of the Com-

munist Party at the same time as

being a member of a union exec-

utive board. Last month: the In-

ternal Security Division of the

Department of Justice objected

to the appearance of the ACLU

and staff counsel Marshall Krause

was required to get the permis-

sion of the Court of Appeals to

file a brief presenting the ACLU

position on the case,

This permission was granted

after oral argument before a

panel of three judges of the

Court on November 19. The

United States Attorney argued,

' pursuant to teletyped instructions

received the morning of the 19th

from Assistant Attorney General

J. Walter Yagley, that the ACLU

did not seek to aid the U. S.

District Court while the case was

pending there and that the Gov-

ernment was fully cognizant of

the constitutional issues pre-

sented by the case and would ~

take them into consideration in

its briefs and arguments. The

ACLU brief must be filed by

December 10. -M.W.K.

received an

JOHN BRISBIN RUTHERFORD

John Rutherford |

Elected to

ACLUNC Beard

The board of directors of the

ACLU of Northern California

reached its full strength of 30

members last month with the

election of John Brisbin Ruther-

ford of Los Altos Hills to an un-

expired term ending next Oc-

tober 31.

Rutherford, 39, is a structural

engineer and a firm member of

Rutherford and Chekese, consult-

ing engineers, with offices in Los

Altos and San Francisco. He

holds a B.S. in Civil Engineering

from Lehigh University and also

attended Stanford and California

Institute of Technology where he

M.S. in Civil Engi-

neering.

Besides being a member of a

number of professional societies,

Rutherford is one of the found-

ers and board members of the

Mid-Peninsula Chapter of the

ACLUNC. He is also a member of

the Sierra Club, Los Altos Rotary

Club, NAACP, Los Altos Demo-

eratic Club and the Common-

wealth Club.

Rutherford is married and has -

three children. His wife has been

active in ACLU fund-raising and

membership drives.

Bracero Camp

Convictions

Will Be Appealed

The ACLU's contention that

Fred Cage and Jefferson Poland,

volunteer labor organizers for

the Agricultural Workers Organ-

izing Committee of the AFL-

CIO, were within their con-

stitutional rights in trespassing

onto: the private property of a

labor camp to distribute union

literature will be presented to the

U.S. Supreme Court in a petition

for certiorari to be filed Win

January of 1963.

The convictions of the two men

for trespassing were affirmed

without opinion by the Appellate

Department of the San Joaquin

County Superior Court and that

Court declined to certify the case

for consideration by the District

Court of Appeal. This makes the

Appellate Department the court

of last resort in California. The

petition for certiorari will be

prepared by volunteer attorney

Donald Cahen who,

was law clerk for Chief Justice

Earl Warren. -M.W.K.

Membership

Reaches a

High of 5226

The ACLUNC closed the fiscal

year on October 31, 1962 with a

paid-up membership of 5226 and

225 separate subscribers to the

monthly "News." While the mem-

bership reached a new high, the

gain of only 53 members was the

smallest membership increase in

many years and compared with

an increase of 597 members the

previous year.

in 1957-58, -

_ ADDRESS

TELEPHONE NUMBER........sscece0-

U.S. Suprerhe Court

eetings |

The American Gil Liberties Union asked the United

States Supreme Court last month to hear an appeal from Ala-

bama court rulings which denied two men the right to chal-

lenge the constitutionality of two Fairfield, Alabama ordin-

ances which were used to bar a pro-segregationist political

ae from holding a meeting in

a private hall.

Segregationist Groups

The case concerns Edward R.

Fields, information director, and

Robert Lyons, youth organizer,

of the segregationist National

States Rights Party. In October

1961 the Party distributed hand-

bills announcing a public meet-

ing in a private hall at Fairfield

to hear speakers support white

supremacy. The city of Fairfield

claimed that this action violated -

two local ordinances, one pro-

hibiting, the distribution of any

"handbills, circulars, dodgers or

other advertising matter,' the

second, holding of a public meet-

ing without a permit from the

mayor.

Injunction Served

Fields tried to see the mayor

the evening prior to the sched-

uled meeting. Two hours before

his appointment the next day, he

was served with an injunction

forbidding him to hold the meet-

ing or hand out any handbills an-

nouncing:it. A state Circuit Court

had issued the injunction on the

application of the city. Fields

and Lyons were not notified of

the application. A half hour be-

fore the meeting time, Fields and

Lyons went to the scheduled

meeting place to announce that it

had been transferred to a nearby

town. Copies. of their -Party's

newspaper were handed out. Al-

though no more handbills were

distributed and no meeting was

held in Fairfield, Fields and Ly-

ons were charged with violating

the injunction and next day were

found guilty of criminal con-

tempt and sentenced to five days

in jail and fined $50. The Circuit

Court and later the Alabama Su-

preme Court held that the de-

fendants could not "collaterally

attack the constitutionality of an

ordinance in a contempt proceed-

ing."

Ordinances . Unconstitutional

Both Fairfield ordinances are

unconstitutional on their face,

the American Civil Liberties Un-

ion charges in its brief to the

U.S. Supreme Court. -Prohibiting

the distribution of handbills of-

fends the First and Fourteenth

Amendments since it suppresses

free expression, the ACLU says.

The ordiance requiring a permit

from the mayor for a _ public

meeting is also invalid because a

The first right of a citizen

Is the right

To be. responsible.

state does not have "the power.

to prohibit in advance peaceful

_ assemblies merely because its of-

ficials prefer to suppress discus-

sion of public importance or

maintain the status quo. . The

power of the state to suppress

speech and assembly may. not be -

applied-in advance, but only, if

at all, when there is a clear and

present danger that the speech

or assembly threatens to incite

illegal conduct."

Denial of the right to challenge

the ordinances' validity concerns

the civil liberties organization

equally.

New Issue

"Whether or not a state rule of

procedure may be interposed be-

tween an individual and _ his

rights of free speech, press and

assembly under the - circum-

stances in this case, is a substan-

tial federal question not hereto-

fore decided by this Court," ac-

cording to the ACLU brief.

Technique To Bar Discussion

"The Alabama Supreme Court.

held that appellants could test

neither the constitutionality of

the ordinances on which the in-

juncition was based, nor the val-

idity of the injunction itself by

violating its terms. ... By inter-

posing a temporary injunction

(Alabama) has devised a method

that, if ratified by this Court,

will . confer on the states a

technique to nullify the precise

purpose the First Amendment is

intended to serve - full discus-

sion of all matters of public con-

cern. ... Public issues frequently

are short run, and if the govern-

ment were empowered to sup-

"press discussion by use of an in-

junction, issued, as here, on the

flimsiest grounds, the purpose of

the assembly may well have

passed by the time the appellate

remedies were exhausted. ..

Substantial Question

"Whether or not the Alabama

rule of procedure announced by

the Court below shall be permit--

ted to stand between appellants

and their rights under the Consti-

tution, is itself a substantial fed--

eral question that should be fully

briefed and argued before the

Court."

Fields and Lyons are being

represented by Melvin L. Wulf, |

the ACLU's legal director, and.

Charles Morgan, Jr., of Jeger ee

ham,

AMERICAN CIVIL LIBERTIES UNION

F

OF NORTHERN CALI

_ Patron Membership' seen tence cence eee eeeeeess . $100.

Sustaining Membership ..........ceccecessevseee

Business and Professional Membership . Si os se ene o

ORNIA .

50

25

Family Membership - e eoocseeveoervereeeeoe eee FO HOF Oe 12

Associate Membership. =... 66.2... cu caw ee cesses 10

Annual Membership ......

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