vol. 27, no. 10

American

Civil Liberties

Union

Volume XXVII

San Francisco, October, 1962

Married to Wrong Woman

Wife's Political

Past Threatens

Engineer's Job

An electronics engineer employed by a peninsula firm

handling some defense contracts has had his security clear-

ance suspended because of "a close continuing association'

with his wife "who was for a number of years an active mem-

ber and functionary of the Communist Party." As a matter

of fact, the wife has not been a

member of the Communist Party

for about ten years; she has given

information about such associa-

tion to investigators; the mem-

bership occurred prior to their

marriage, and the husband had

disclosed his wife's past member-

ship in the party to his employer

at the time of his employment

three years ago. Incidentally, the

employee's own political record

is not in question. He just has the (c)

wrong wife. Nevertheless, his job

is at stake.

Past Friendships

The Government has sought to

make the wife's past political ac-

tivity a present threat by claim-

ing "She has been on intimate

terms of friendship and desires

and intends to continue on said

terms of friendship with (four

named persons, none of whom

live in the Bay Area), all of whom

have a long history of Communist

activity and association, and may

still be members-of the Commu-

nist Party."

Spurious Charge

The spurious nature of this

charge may be judged by the fact

that two of the four named indi-

viduals (husband and wife) visit-

ed the employee and his wife

about five years ago and ex-

changed Christmas cards with

them until 1960. That is the ex-

tent of the "intimate" relation-

ship. The relationship with the

other two persons has been just

as tenuous. The Government

failed to report the statement of

the employee's wife to investiga-

tors that she did not intend to

continue friendships with any of

these people so long as it was in

the least dangerous to her hus-

band's career.

You've Got to Name Names

It is also alleged that "As late

as 1961 (the wife) refused to name

her associates in the Communist

Party, and refused to answer ques-

tions as to certain of her activi-

ties asked of her by representa-

tives of the Department of the

Army who were conducting an

investigation within the scope of

their responsibilities."

The allegation is also made that

on September 8, 1961, (the wife)

admitted "association with" four

alleged Communist front organi-

zations "for the first time." The

phrasing of the allegation sug-

gests thaf some important infor-

mation had been deliberately

withheld, but she had admitted

membership in the Communist

Party and it should have been

clear that she had been active in

many front organizations, includ-

ing some about whom her mem-

ory was not too good.

Alleged Statements

One final allegation worth men-

tioning is that "During 1960 (the

wife) held beliefs and made

statements consistent with the

Communist Party line in that she

stated that persons who live un-

der communism are satisfied with

the Communist form of govern-

ment, and that anyone who al-

leges that they are not happy with

General has

communism is uninformed or ly-

ing; that she supports the seizure

of United States owned property

in Cuba by the Castro regime and

believes that the United States

has no right to maintain troops

or retain property in Panama."

Taken Out of Context

It is noticeable that the time,

place and contexts of these state-

ments is not provided. On the

other hand, whether we like it or

not, the persons living under com-

munism seem to be satisfied with

their form of government. Even

so, the wife denies making the

statements as reported.

The employee served in the

Army during World War II and

took part in the invasion of Ger-

many as a paratrooper.

Hearing Due (c)

A hearing on the allegations

has been requested but not yet

scheduled. The employee will be

represented at his hearing by Er-

nest Besig, ACLU executive di-

rector.

Tom Coakley''s

Attack on ACLU

Answered

Judge Thomas Coakley, Repub-

lican candidate for State Attorney

been using the

American Civil Liberties Union

as a whipping boy in his cam-

paign against the Democratic

incumbent Stanley Mosk. Re-

cently, he declared that charges

of Birch support made by Mosk

were "amazing, in view of his

open acceptance of support from

the Americans for Democratic

Action and the American Civil

Liberties Union."

On another occasion, Mr. Coak-

ley charged: Mr. Mosk with as-

sociation with groups "soft on

' Communism." He listed the Cali-

fornia Democratic Council and

the American Civil Liberties Un-

ion. :

In a letter signed by Howard

A. Friedman, Chairman of the

ACLUNC Board of Directors,

Judge Coakley was informed that

"Mr. Mosk has received no sup-

port in his election campaign

from the American Civil Liberties

Union. The ACLU does not, never.

has and never will support any

candidate for a partisan political

office," the letter goes on to say.

"Our record of non-partisan sup-

port for civil liberties is clear and

our staff and members are drawn

from. adherents of both major

political parties," Mr. Friedman

said.

"Any person is free to belong

to the American Civil Liberties

Union and indicate his support

for our program of preserving

constitutional freedoms and keep-

ing the channels of political dis-

cussion clear. Any person who

does become a member of

ACLU is not bound by our posi-

tion on a particular issue any

more than we are bound by his,"

the letter concluded,

Number 10

Membership

At Record

Of 5177

On August 31 the membership

of the ACLU of Northern Cali-

fornia reached an all-time high of

5177. In addition, there were 216

separate subscribers to the

monthly NEWS, compared with

202 a year ago. The membership

_ gain numbered 77 over the pre-

vious year. By the end of the fis-

cal year on October 31, the mem-

bership should be well over the

5200 mark.

' Eighty per cent of the ACLU's

supporters reside in the follow-

ing 36 communities which have

20 or more members and sub-

seribers: -

Incr.

or

1962 1961 Decr.

San Francisco .1136 1120 16

Berkeley .......... 988 971 17

Palo Alto ...... = 201 = 243 8

Oakland: 22.2. 2326 202 Ad

Sacramento ...... f6G 155. sit

Mill Valley ...... 1190x00B0 126) - (c))

wan JOSe 220: 41 81 30

Menlo Park ...... 106 95 11

San Mateo ........ 83 93 (10)

El Cerrito .2..2: ed. 81 ( 4)

Tos Altos. = TD 65 7

Stockton ==... 72 66 6

FeSnO = = = 68 To Ch)

SUAVE 68 bbe 13

DAaviSss =] 2 ss 67 86 (19)

Sausaliton 7 63 67 ( 4)

Orinda. 2 = 61 39. 22

San Rafael ........ 58 66 ( 8)

Richmond =... 55 51 4

Redwood City .. 51 50-8)

Carmel oo: 44 ob 13

Sata Cry... 39 48 ( 9)

Los Gatos ........ 35 32) 3

Walnut Creek .. 32 29 3

Napa 31 B28 Cc)

Hillsborough .... 30 36 ( 6)

Lafayette. ......:... 28 26 2

Santa ROsa 28 20 8

San Anselmo .... 26 265. ==

Kenthield 2.2.0... Dis 23 Zz

Modesto ............ 22 41 (19)

Allbanys-2-- Dale = s

Wayward 2 = 2 = 2

Monterey _........ 21 x =

Mountain View 20 a z

pan Carlos 20 x

*Not on the list last year so

exact increase unknown.

Santa Clara

Chapter Loses

Ed. Laing

Edward L. Laing, chairman of

the Santa Clara Valley Chapter of

the ACLUNC since its inception

less than a year ago, left San Jose

where he practiced law late last

month and, consequently, is re-

linquishing his ACLU chairman-

ship. Ed Laing, a dedicated sup-

porter of civil liberties, is join-

ing the District Attorney's staff

in Ventura. The Chapter board

has not yet had an opportunity to

select a successor to Laing.

Immigration Service Case

VV,

ary'

' Free

_ Wong Let Poy has lived in the United States for over 40

years of his life. Yet on July 26, 1962, the Immigration and

Naturalization Service took him off the President Cleveland

where he had been working as a laundry man on a voyage to

the Far East, brought him

obtained a "confession" that his

real father was not an American

citizen, and ordered him excluded.

That same day Wong was allowed

to stop by his San Francisco resi-

dence and take whatever he could

carry back to the Cleveland, where

he was imprisoned until the ship

sailed. All this was accomplished

without any advance notice, with-

out hearing any evidence, and

without an opportunity for Wong

In This Issue...

A Brief Analysis of the

Francis Amendment ...... p. 2

Attack Renewed on

Internal Security Act ...p. 4

Censorship Provision in

Postal-Bills se p. 4

Jack Owens Case: Decision

on Request for Hearing

Oct 24 eo ee es p.3

Seven Elected, Five

Re-elected to ACLU

Board 2. = Se ee. p. 2

ACLU Opposes

De Facto School

Segregation

The Board of Directors of the

ACLUNC last month took the

position that de facto school seg-

regation raises Civil liberties is-

sues. Segregated schools result in

inferior education, as the U.S.

Supreme Court decided in the

Brown case, and consequently

school boards have an affirma-

tive duty to take all reasonable

steps to reduce racial segrega-

tion in the schools to a minimum.

The Board's position was made

known in a letter to the San Fran-

cisco Board of Education which

last month authorized appoint-

ment of a 3-member board com-

mittee to study the problem and

report by April 1. Various or:

ganizations have contended that

it is possible to provide some

amelioration of de facto school

segregation through adjustment

of school district lines, the con-

sideration of race where trans-

portation of children to school

outside the neighborhood is al-

ready required and otherwise. In-

cidentally, over 1500 students al-

ready use buses to reach their

schools.

The school board has been in-

clined to follow a do nothing pol-

icy, as has Superintendent Spears,

who last June 19 declared he had

"no educationally sound program

to suggest . . . to eliminate the

schools in which the children are

predominately of one race." The

whole problem may wind up in

the courts.

the legal defense of

Mississippi.

Annual Meeting -

Please Save The

Wiley A. Branton, director of the Voter Educational Project

of the Southern Regional Council, with headquarters in Atlanta,

Georgia, will be the featured speaker at the 28th anniversary

meeting of the ACLU to be held in the auditorium of the Hall

of Flowers, Ninth Avenue and Lincoln Way, San Francisco,

Thursday evening, November 15. Please save the date.

Mr. Branton was attorney for the NAACP in the Little Rock

and Dollar Way, Arkansas, cases and he is currently handling

"Freedom Riders"

Chairman of the meeting will be Howard A. Friedman, chair-

man of the ACLU Board of Directors. Ernest Besig, Executive

Director, will report on the state of the Union.

Further information concerning the meeting will be con-

tained in the November issue of the NEWS.

ov. 15

te

in Louisiana and

to the immigration building,

to consult counsel or present a

defense.

No Passport

These high-handed tactics were

possible because the Service con-

sidered Wong in the category of

an alien crewman seeking to enter

this country temporarily, as to

whom the courts have held there

need be no hearing or other judi-

cial or administrative process.

The design quickly and quietly to

get rid of Wong ran into a snag

when the Service could not disem-

bark him at Hong Kong since he

had no passport or visa. So Wong

stayed on the Cleveland for its

return voyage to San Francisco,

He wrote some friends about his

predicament and the story found

its way into the newspapers, where

Wong became "the man without a

country." One of the friends also

contacted the ACLU, and when

the Cleveland again landed in

San Francisco on September 10,

staff counsel Marshall Krause

went aboard and_ interviewed

Wong. -

Writ of Habeas Corpus

The next day in federal district

court Krause filed an application

for a writ of habeas corpus on the

seaman's behalf and it was imme-

diately ordered issued by Judge

Zirpoli, who required that Wong

be produced in his court on Sep-

tember 12..The application alleged

that Wong claimed United States

citizenship and that he had a cer-

tificate of identity issued by the

Commissioner of Immigration,

saying that he was the son of an

American citizen. It also alleged

that none of the procedures for

deportation or exclusion were fol-

lowed, including the guarantees

of procedural due process.

Full Hearing Set

: At the hearing, the Immigra-

tion Service moved to quash the

writ and remand Wong to custody

for exclusion, but Judge Zirpoli,

after hearing from Wong, decided

that a full hearing must be held,

and continued the case until Sept.

25. On motion of Wong's counsel,

the judge then took under sub-

mission the question of releasing

him on bail pending the full hear-

ing. Over the lengthy and strenu-

ous objections to grant bail, Wong

was allowed release on a $1500

bond, which was promptly posted

by the ACLU. After some further

delaying tactics by the U. S. At-

torney, the necessary paper work

was completed and Wong was

again free in the country which

he had made his home since 1922,

Paper Father

When the case comes up again

on September 25, too late to be

reported in this issue of- the

"News," it will have to be con-

ceded that Wong is not a United

States citizen. He was born in

China, and his father was born

in China, though his grandfather

was in the United States in the

1860s and 1870s, working in the

mines and on the railroads.

Wong's family arranged for him

to come to this country as the

"adopted" son of a native-born

American, and he did so. (To be-

gin to understand the situation of

fraudulent entry of Chinese, one

must realize that from 1917 to

1943 Asiatics were totally exclud-

ed from immigration to this coun-

try, and were ineligible for citi-

zenship unless native born.)

Due Process Issue

However, even though Wong is

an alien, his long residence has

-Continued on Page 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

Theodore Baer

Prof. Arthur K. Bierman

Rev. Richard Byfield

Prof. James R. Caldwell

William K. Coblentz

Richard DeLancie

Rabbi Alvin I. Fine

Mrs. Zora Cheever Gross

John J. Eagan

Prof. Van D. Kennedy

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

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 Meiklejohni

Helen Salz

Rev. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

Prof. Seaton W. Manning

John R. May

Lloyd L. Morain

Prof. Herbert L. Packer

William M. Roth

Clarence E. Rust

Mrs. Alec Skolnick

Mrs. Martin Steiner

Gregory S. Stout

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

Rey. 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

Annual Elections

e-elected

.CLU Board

i,

Five members were re-elected to the Board of Directors

of the ACLU of Northern California for three-year terms last

month, while seven new members were elected for varying

terms. Still unfilled are two board vacancies resulting from

the resignation last month of Prof. Nevitt Sanford, who quit

because of inability to attend

board meetings, and Prof. Charles

Muscatine, who resigned because

he will be in Europe during the

next twelve months. The vacan-

cies will be filled at the board's

next meeting, thereby bringing

the board to its full strength of

30 members. :

_ Five Re-elected :

Re-elected to the board were

Chairman Howard A. Friedman

of Hillsborough; treasurer, john

M. Fowle of Los Altos Hills; the

Rev. F. Danford Lion of Palo

Alto; vice chairman Harry Schole-

field, and Mrs. Martin Steiner of

San Francisco.

Five Former Members

Five of the seven new members

have seen previous service on the

board, but they have been absent

therefrom at least a year. They

are: William K. Coblentz, San

Francisco attorney; former ACLU

Chairman Rabbi Alvin I. Fine of

Temple Emanu-El, San Francisco;

Mrs. Zora Cheever Gross of San

`Francisco; Prof. Seaton W. Man-

ning of San Francisco State Col-

lege, former executive director of

the Bay Area Urban League, and

Richard DeLancie, president of

the Broadview Research and De-

velopment Corp., who was in the

East last year.

New Members

The two elected who have not

had previous service on the board

are Ralph B. Atkinson of Big Sur,

Monterey County, who was at one

tirhne a member of the Southern

California board of directors, and

Attorney' Richard J. Werthimer,

San Francisco attorney, a member

of the firm of Small and Wert-

himer, who is a member of the

Marin Chapter board, and who.

has attended the branch board

meetings during the past two

ACLU NEWS

OCTGBER, 1962

Paqde 2

years as the Marin Chapter rep-

resentative.

Ted Baer

Theodore Baer, who has served

two suecessive three-year terms

ending on October 31, was not eli-

gible for re-election. He has been

chairman of the chapter commit-

tee and gave otherwise of his

services. He will be sorely missed.

Bowl Drops

Request for

Pageant Funds

The Hollywood Bowl Associa-

tion recently withdrew its request

for Los Angeles county funds for

the production of the Pilgrim-

mage Play. Consequently, the

ACLU of Southern California dis-

missed its pending suit challeng-

ing the appropriation of $20,000

in public funds as a violation of

the principle .of separation of

church and state.

The controversy arose in April,

1961, when Atty. Gen. Stanley

Mosk ruled that the play was

sectarian and, therefore, ineli-

gible for support from public

funds. The Board of Supervisors

voted the appropriation anyway,

while ordering a suit testing

Mosk's ruling.

The Association's decision to

withdraw its annual request for

a county subsidy came after the

State District Court of Appeals

refused to order the county audi-

tor to release appropriated funds.

It ruled that the facts of the situ-

ation would. have to be deter-

mined in a Superior Court trial.

The Association has decided to

seek private, voluntary contribu-

tions to support the annual relig-

jous pageant. Therefore, all of the (c)

litigation has become academic.

Lit TERS

to the Editor

"S" Squad Operations

Editor:

The following letter was writ-

ten to San Francisco Police Chief

Thomas Cahill on September 19:

Dear Sir:

An incident has been brought

to my attention involving two of

your "S squad" men and four

motorcyclists.

Early this morning the four |

riders, Gordon Heard and Fred

Fiorintino of the Hell's Angels

Motorcycle Club, Larry Casselac

of the Vampires Motorcycle Club

and Tony Gilardi of the Presi-

dents Motorcycle Club, stopped

at Ott's Drive In Restaurant, 550

Bay Street for a snack. They

were served and ate without in-

cident.

After paying their bills they

walked outside to their motor-

eycles where they were con-

fronted by the "S squad" offi-

cers who asked to see their

driver's licenses. This was about

1:30 a.m. The four complied and

waited for warrant checks to be

run. It was after two o'clock

when their licenses were re-

turned and they were told to

leave.

Before they left one of the

officers asked Casselac if the

motorcycle riders came to Ott's

very often.

"Not too often," answered Cas-

selac, "just once in a while."

"Well," said the officer, "don't

come back again."

When Casselac asked what was

meant by that the officer just

replied, "We can always find

something wrong with your

bikes."

To our knowledge there has

never been any disagreement be-

tween the management at Ott's

and the motorcycle riders and we

therefore must conelude that this

officer's remarks were motivated

purely by personal prejudice.

Although the riders didn't see

the officers' badges they did note

that the car was a light blue

Ford license TPD 971.

Your investigation into this

matter will be greatly appre-

ciated.

I am sending a copy of this let-

ter to the American Civil Liber-

ties Union. - Frank Sadilek,

President, Hell's Angels M. C.,

San Francisco.

Regent's Prayer Case

Editor:

Having just completed reading

the very excellent sermon of the

Reverend Edward O. Miller:

"The Supreme Court's Decision

Barring an Official Prayer in the

Public Schools," may I hasten to

congratulate you upon making

this available to the public?

As I have many occasions. to

discuss this particular case (and

some other cases that are bound

to come before the public ulti-

mately!) with persons in teach-

ing, fraternal, religious, and

other civic groups, there is be-

ing enclosed in a separate sealed

envelope $2.00 for which I'd like

very much to have additional

copies of the Reverend Miller's

sermon - which will be mailed

out, handed out and even made

available at the church library

which I conduct. - George H.

Dirksen, Fresno.

EDITOR'S NOTE: Single

copies of the Rev. Mr. Miller's ser-

mon are available to members of

the ACLU from the office with-

out charge. The supply of printed

copies of the Supreme Court's

opinion has been exhausted. The

office expects to have another

supply by the middle of the

month. The opinions sell for 20 .

cents per copy.

Proposition No. 24

y Frans `

Amendment

The following brief analysis of the complicated Francis

Amendment (Proposition 24) was prepared by attorney Cole-

man Blease, Legislative Director of the ACLU of Southern Cali-

fornia. The un-thinking person will vote for this measure be-

cause he believes it is against communism; the thinking person

will realize that Proposition 24 is not really intended to reach

Cemmunists but persons who can be labelled as Communist

sympathizers by Mr. Francis because they disagree with his

stand on issues, who are non-conformists or critical of the status

quo.

A.-The Francis Amendment is

not aimed at the Communist

Party or its members, or persons

whe advocate the overthrow of

the government by force. Exist-

ing provisions of federal and state

law now penalize such persons.

The Francis Amendment is aimed

at non-Communists and persons

who do NOT advocate overthrow

of the government,

1.The California Government

Code (Section 1028) denies pub-

lic employment to members of

the Communist Party. Article

XX, Section 19, of the State

Constitution denies public em-

ployment to persons who advo-

cate overthrow of the govern-

ment by force. What the Fran-

cis Amendment does can be

seen from what it adds to exist-

ing provisions, not what it dup-

licates. Since members of the

Communist Party and advo-

cates of overthrow are already

covered, the effect of the Fran-

cis Amendment is to deny pub-

lic employment to persons who

are not members of the Com-

munist Party and who do not

advocate overthrow of the goy-

ernment.

Section 6 of the Francis

Amendment accomplishes this

result. It denies public employ-

ment to any member of any or-

ganization branded as "commu-

nist" on `subversive' under

Section 3 (See B, below). There

is no requirement that the mem-

ber know anything about the

alleged subversive character of

the organization. The support-

ers of the Amendment go even

further. `They claim in an argu-

ment widely circulated that op-

position to the initiative "will

bring out the true sympathies

of many people...who have

remained in the background un-

til now." Opposition to `the

Francis Amendment has been

made a test of loyalty.

2.The federal Communist. Con-

trol Act effectively prohibits

the Communist Party from po-

litical party status or a place

on the ballot, whether state or

federal. The California Elec-

tions Code (Sections 6431 and

6432) does the same for parties

which advocate overthrow of

the government by unlawful

means. The Francis Amend-

ment reaches far beyond these

provisions to reach parties who

are not Communist and do not

advocate overthrow of the gov-

ernment. Section 4 would take

away all rights of any party

"which is indirectly ... associat-

ed with" any organization

_ branded under Section 3.

B.-Section 3 provides the legal

weapons to reach persons who are

non-Communist and do not advo-

cate overthrow of the govern-

ment. It would grant enormous

power to state officials to brand

organizations as "communist" or

"subversive." It would borrow

the findings of Federal officials

to brand still more groups. Once

branded under Section 3, all of

the penalties of the Amendment

would apply.

1. Section 3 treats differently fed-

eral and state powers. It bor-

rows certain Federal findings

which are authorized by fed-

eral law. That is, if an existing

federal law permits some offi-

cial to make a finding under a

definition which is "substan-

tially similar" to those in Sec-

tion 2, that finding will be ef-

fective to attach all of the pen-

alties of the Amendment: mem-

bers would lose their public

employment or tax exemptions;

the organization branded would

lose all of its state rights. This

provision is so vague that it is

difficult to determine which

federal findings would apply-

ie. how do you tell when a

finding is "substantially simi-

levee

2.Section 3 directly grants to

State officials (the Attorney

General, every grand jury,

every superior or appellate

court) the power to brand or-

ganizations as "communist" or

"subversive." Unlike the use of

federal findings (B.1) no other

legislative authorization is re--

quired. The key term is "pur-

suant to law." It serves to refer

to other (i.e., not the Amend-

ment) laws which authorize a

finding. Since it modifies only

the federal officials, it does not

condition the exereise-of State

powers.

3. The grant of power by Section

3 to the grand juries in all 58

counties is frightening. A grand

jury is wholly unsuited for a

loyalty proceeding. It is com-

posed of untrained citizens. It

operates in secret. The accused

has no right to counsel and no

right to present evidence on .

his behalf. It can act by a vote

of only 12 of its 19 members.

Section 3 distorts the whole

function of the grand jury in

the American legal system.

C.-The Francis Amendment re-

verses the traditional American

assumption that the citizen is

loyal. It subjects thousands of

loyal Americans to a test of loy-

alty. It shifts the burden of proof

from the government to the indi-

vidual. It uses dragnet techniques

to ensnare wholly innocent per-

sons who neither advocate over-

throw of the government nor are

Communists.

1. Section 8 would subject every

individual or group seeking to

use public property for a dis-

- cussion to a test of loyalty. The

`church group seeking to use a

public park for a picnic meet-

ing must disavow intention to

commit an act of subversion.

The class of students visiting

their legislator at the Capitol

must also disavow such an in-

tent.. This is the ultimate in the

dragnet technique. Everyone

is included, no matter how loyal.

Everyone is suspect until he dis-

avows.

2. Section 10 would subject every

person or organization seeking

a property tax exemption to a

test of loyalty. Churches, vet-

erans, our most trusted citizens

are included. The tax assessor

is made an arbiter of loyalty

and vested with the powers of

prosecutor, judge, and jury.

D.-The Francis Amendment vio-

lates our constitutional principles

of free speech and due process.

It would deter the most vital of

democratic functions - free

speech and association-by._ cast-

-Continued on Page 4

Francis Amendment's

Dangerous Defects

Gross and alarmingly dangerous defects in Proposition

- 24, the so-called Francis Amendment, have again been held

up to the notice of California voters.

Governor Brown called the attention of the State Bar to

one provision which would authorize county grand juries to

declare any group of persons "subversive." Such authoriza-

tion, the Governor warned, would ``strip away legal and con-

stitutional rights after a secret session-without benefit of

counsel, or the right to cross-examine, or the right to appeal."

Thus, the Governor noted, the author of the bill, Assem-

blyman Louis Francis of San Mateo county, is in fact propos-

ing the use of Communist methods in an ostensible attempt

to fight communism. Said the Governor: "`These star-chamber

procedures are well-recognized methods of suppression prac-

ticed in Communist countries."

The Francis Amendment has previously been denounced

by Richard M. Nixon as possessing what he called "a fatal

constitutional flaw.' Among others calling for its rejection

at the polls is the San Francisco Junior Chamber of Com-

merce, which, after a careful study of its provisions, reported:

"Tt would expose loyal persons and groups to unjust accusa-

tions and loss of rights, and encourage suspicion and accusa-

tion."

It is noteworthy that the official argument against this

misguided and faulty measure has been co-authored by

Bishop James A. Pike. The argument asserts:

"The Francis Amendment would hand over to the ex-

tremists in this State the legal weapons to destroy our

precious American heritage of constitutional liberty., The

philosophy underlying this amendment is distrust-distrust

of the American people and distrust of the freely given

loyalty which is the source of our strength and loyalty."

Even if this measure did not destroy traditional Amer-

ican protection for the innocent as it does, it would still be

objectionable for its superfluity; its valid provisions are al-

ready embodied in California law. As written, the amend-

ment is an assault upon everybody's personal liberty and

should be rejected on November 6. - Editorial, San Fran-

cisco Chronicle, September 21, 1962.

Jack Owens Case

equest

learing

Decision on

for

Oct. 24

The California Supreme Court will decide by October 24

whether to grant the school board's petition for a hearing in

the Jack Owens case. The school board's petition is supported

by the California Teachers Association, which was the target

of some of Jack Owens' criticism. The petition and the brief

argue that the decision of the

Third District Court of Appeal in

ordering Jacek Owens' reinstate-

ment last July 26 departed from

precedent.

The Charge

The board of education is seek-

ing to have Jack Owens, a tenure

teacher in Lassen Junior College,

dismissed on a charge of "unpro-

fessional conduct," for writing

letters "to the editor' published

in the Lassen Advocate, a weekly

newspaper.

' Contents of Letters

As the ACLU brief points out,

"The letters dealt with education.

They contained opinions critical

of certain aspects of education

generally and as conducted in

Lassen County; they contained

opinions suggesting various

changes in the educational system

statewide and locally. Above all,

they argued the importance of pub-

lic participation in discussion and

debate on the merits of the com-

peting views on the best solutions

to the problem of securing the

best education: for the people.

And, finally, they urged the mem-

bers of the community to vote in

the pending election of candidates

for the respondent Board of Edu-

cation, suggesting that the cause

of educational improvement would

be served best by electing as

many non-incumbent candidates

as possible. ;

Dealt With Ideas and Issues

"It is undisputed that the let-

ters did not deal with personali-

ties, but with ideas and issues.

It is undisputed that they con-

tained no libel, scurrility, obscen-

ity, invasion of privacy, disclo-

sure of confidential matter, or ad-

vocacy. of illegal action. It is like-

wise undisputed that they con-

tained no element of insubordina-

tion or disobedience." .

The brief declares that what

the "school board sought to do

was to remove the discussion of

principles of proper. education.

from its appropriate public forum,

where the people could freely de-

termine the issues for themselves,

to a courthouse, where the ideas

and opinions of Jack Owens were

placed on trial.

Decision On Issues for the People

"In a free society,' the ACLU

brief declares, `the merits or de-

merits of ideas and opinions deal-

ing solely with issues of public

concern are decided not by courts

and officials, but by the people.

History is the arena for the ulti-

mate decisions of such questions,

not courts of law. `Authority here

is to be controlled by public opin-

ion, not public opinion by author-

ity.'

Proper Management"

"Accordingly, the District Court

of Appeal reversed the judgment

of dismissal, stating:

"Tt was not the court's func-

tion to debate the subject of

proper administration of the

school system. Within the limita-

tions previously discussed (dis-

ruption or impairment of discip-

line of the teaching process), de-

fendant had the constitutional

right to differ with the court and

the administration over what is

proper management....'"

The brief was prepared by for-

mer ACLUNC Staff Counsel, Al-

bert M. Bendich, who has handled

the case since the ACLU inter-

vened in Jack Owens' behalf.

ACLU Suit Tests

_Leyalty Oath for

Use of Schools

New efforts of the Los Angeles

and San Diego boards of educa-

cation to require loyalty oaths for

the use of public school buildings

as meeting places have been chal-

lenged in the State Supreme

Court. Writs of mandate have

been sought by the ACLU of

Southern California requiring the

school boards to allow use of the

civic centers without submission

of a loyalty oath.

After the State Supreme Court

ruled in 1961 that the Legisla-

ture's loyalty oath for use of civic

centers was unconstitutional, the

Los Angeles Board of Education

adopted a regulation requiring

applicants for use of school

houses as meeting places to state

under penalty of perjury that

they will not use the school facili-

ties to commit a crime. :

The petition in the San Diego

case charges that .a slightly re-

vised statement of information,

requiring a disavowal of intent to

advocate forceful overthrow of

the government, is the same as

that which the State Supreme

Court voided last year.

ACLU Protests

Discrimination

Against Aliens

In a letter sent to the Acting

Chairman of the San Francisco

Housing Authority, the ACLU

asked reconsideration of the Au-

thority's decision not to give

aliens preference in access to

low-cost public housing. The two-

year waiting period for this hous-

ing is generally waived for per-

sons displaced by urban rede-

velopment projects, but the Au-

thority refused to do so for a

group of elderly non-citizens who

are white Russian refugees.

The ACLU letter pointed out

that aliens are entitled to the

equal protection of the laws. It

is expected that the question will

again come before the Authority

before the aliens are forced to

move.-M.W.K.

1) Local Groups To Lick |

Francis Amend. (Prop. 24)

Committees to defeat Proposition 24 (the Louis Francis

Amendment) are forming and going into action in a number

of northern California communities. Local leaders in each

area are taking the initiative of forming these ad hoc action

groups. To date ACLU has heard from committees at work

in San Francisco, Marin County,

the East Bay and U.C. campus in

Berkeley. There's word

others are taking shape, but we

have no program information on

them.

Gardiner Johnson, well-known

Boy Scouts Take

Loyalty Oath in

Contra CostaCo.

After protests from the ACLU,

Contra Costa County Civilian De-

fense Officials decided that vol-

unteers in the K.O. polio drive

would not have to sign the Lever-

ing Act loyaity oath.

The issue arose when the

Mother of a Boy Scout, who was

to serve'as an orderly, came home

with a loyalty oath form which

among other things, required him

to say that he was not presently

a member of a group advocating

the violent overthrow of the gov-

ernment and had not been a mem.

ber of such a group for the past

five years. The form requires

any exceptions to be listed.

The modern Boy Scout appar-

ently may be as young as eleven

years of age. Consequently, some

of them were required to account

for their political associations be-

tween the ages of six and eleven.

This reduces the Levering Act

oath to an absurdity. The next

thing we know some Boy Scout

may be prosecuted for conceal-

ing his membership in some dan-

gerous neighborhood gang.

The loyalty cath issue dia not

arise in other counties - because

only in Contra Costa county was

the K.O. polio drive under Civil-

ian Defense auspices. The law re-

quires that all Civilian Defense

workers subscribe to the Lever-

ing Act oath. Some physicians

also objected to taking the oath.

U.S. Attorney Studies

"Girlie Magazine' Seizures

Since the beginning of the year the local Customs Service

has seized between fifteen and twenty thousand so-called

"Girlie Magazines" imported mainly from Sweden, Denmark,

France and England. The Customs Service claims that these

magazines are obscene under Section 305 of the Tariff Act.

Rotten Apple Theory

Many of the magazines have

been seized on the ground that

they were in the same package

or shipment with obscene publi-

cations. In other words, one rot-

ten apple in the barrel is said to

make all of the apples rotten.

The yardstick which the Cus-

toms Service is using to claim

that the magazines are obscene

has never been stated but in ap-

plication it would not seem to be

consistent with U.S. Supreme

Court rulings. Most of the maga-

zines contain front-view pictures

of undraped females. In some of

the magazines, the women are

only partially clothed. The maga-

zines may be cheap and tawdry

_ but the claim of obscenity based

on nudity alone is rather difficult

to support.

Not "Patently Offensive"

Last June the U.S. Supreme

Court decided that magazines

which consisted largely of photo-

graphs of nude or near-nude,

male models were not obscene.

Two conservative members of the

majority pointed out that it is

not sufficient for material to ap-

peal to the prurient interest in

order to be judged obscene; it

must also be "patently offensive."

Indeed, the same opinion de-

clared that "these portrayals of

the male nude cannot fairly be

regarded as more objectionable

than many portrayals of the fe-

male nude that society tolerates.

Of course not every portrayal of

male or female nudity is ob-

scene."

Referred to U.S. Attorney

The issue is now pending be-

fore U. S. Attorney Cecil Poole

to whom the Collector of Cus-

toms had referred the matter for

forfeiture proceedings. Since the

addressee refused to assent to

destruction of the magazines, the

U.S. Attorney must decide

whether he will bring so-called

libel proceedings in the U.S. Dis-

trict Court asking for forfeiture

of the merchandise on obscenity

grounds. :

Conference Arrange

Last May the ACLU wrote to

Mr. Poole to ask him whether he

intended to file libel proceedings.

As a result, a conference was ar-

ranged between Ernest Besig,

ACLU Executive Director, and

Mr. Poole to discuss the problem.

Mr. Poole indicated he was not in

entire agreement with the posi-

tion of the Customs Service and

that he: would ask the Collector

and his chief assistant to examine

the various magazines with him.

It is expected that some decision

will be reached this month.

Same Issue in New York

In the meantime, the Collector

of Customs in New York City has

also seized Girlie Magazines

which are being imported. The

ACLUNC has asked the New

York City branch to investigate

the matter.

that

meeting

attorney and former Republican

Assemblyman, is heading San

Francisco's Committee, now in

the throes of money-raising, to

get its program under way.

U.C. Campus Group

One of the first groups to get

into action was the University

Committee Against Proposition

24 on UC's Berkeley campus.

With Harry Brill acting as chair-

man, the Committee is distribut-

ing "Vote No Prop. 24" buttons,

has automobile bumper strips in

production, is providing speakers

to explain the measure's dangers

and is acting as a clearing house

for all Berkeley activity against

the Francis Amendment. Its alac-

rity in taking the Proposition's

bull by the horns is inspiring

other communities to form simi-

lar groups. The Committee's ad-

dress is 2910 Hillegass in Berke-

ley (telephone number; 843-

9378).

East Bay Committee

Working closely with the Uni-

versity group is the East Bay

Committee Against Proposition

24. Organized by Cecil Thomas of

Stiles Hall and Trevor Thomas cf

KPFA, this committee has its

headquarters at 2833 Buena Vista

Way in Berkeley (TH 5-0284).

Peter Franck is serving as co-

ordinator. The committee has

50,000 brochures on the press-

explaining in simple, everyday

terms how the proposed, lengthy,

involved amendment threatens

accepted standards of free speech

and fair play. Money is needed

to cover costs and ensure broad

public distribution. Plans for a

community rally.are on -the

agenda, but not past the talking

stage.

Marin County Committee

Late last month Marin County

leaders took up the challenge,

forming the Marin Committee

Against Proposition 24 (Francis

Amendment). Former county

counsel Leland H. Jordan is chair-

man. This committee plans news-

paper ads sponsored by leading

citizens in the county's various

local papers, radio programs, let-

ters-to-the-editor campaigns and

distribution of bumper strips.

Annette Bode is the committee's

secretary and Nathaniel B. Guyol,

treasurer. Mr. Guyol invites con-

tributions to his address at 135

. Highland Avenue in San Rafael.

The next meeting of the Marin

committee-October 8, Monday,

8:15 p.m. at Libby Ginsberg's, 60

Redwood Road in San Anselmo-

is open to all interested in work-

ing to defeat Propisition 24.

Monterey Peninsula

On the Monterey Peninsula, 49

distinguished citizens of the area

sponsored a quarter page news-

paper advertisement against the

Francis Amendment.

ACLU Activities

This issue has taken up almost

all ACLU's ediicational resources

this past month. The office is

community organiza-

tions' requests for speakers.

Copies of the amendment and

ACLU's stand against it are avail-

able. The Mid-Peninsula and

Santa Clara Valley chapters have

expanded their speakers' bureau

to do an educational job locally.

At the suggestion of the Marin

chapter, each ACLU member will

receive a "Vote NO on Prop. 24"

bumper strip in the coming

weeks. Both the Marin and Mid-

Peninsula chapters are paying the

costs of the strips and the mailing

from the office.

ACLU NEWS

OCTOBER, 1962

Page 3.

Labelling of Ideas by Government

track

n Internal

ecurity Act

The American Civil Liberties Union renewed its attack

on the validity of the Internal Security Act in a friend of the

court brief filed September 17 in the United States Court of

Appeals for the District of Columbia.

The Union, which has argued repeatedly that the statute

is unconstitutional, centers its fire

on provisions relating to so-called

Communist-front organizations.

Sections defining them are "so

vague and uncertain" that they

violate the due process clause of

the Fifth Amendment, it says, and

requiring Communist-front groups

to register infringe on the First

Amendment.

Five Groups Involved

The civil liberties organization

will submit its brief in the case

of five petitioners appealing from

an order of the Subversive Activi-

ties Control Board instructing

them to register as Communist-

fronts. They are the Veterans of

the Abraham Lincoln Brigade, the

National Council of American-

Soviet Friendship, Inc., the Amer-

ican Committee for Protection of

Foreign Born, Louis Weinstock,

for the United May Day Commit-

tee, and the Jefferson School of

Social Science.

One Section of Law Validated

The U. S. Supreme Court, in

June, 1961, upheld the constitu-

tionality of the provision in the

1950 law requiring Communist-

action organizations so described

by the SACB to register with the

government. That case concerned

the Communist Party which had

been ordered to register following

the SACB's finding. The high

court decision did not deal with

other parts of the law such as the

registration of Communist - front

organizations and penalties im-

posed on both Communist-action

and Communist-front groups.

Past Decisions Narrowly Drawn

Acknowledging that the Su-

preme Court has upheld a section

of the Internal Security Act, the

ACLU petition points out that the

pertinent decisions "are narrowly

drawn to hold constitutional only

the provisions respecting Com-

munist-action organizations, as

applied to the Communist Party

of the United States."

The holding was "based ex-

pressly" on findings that the party

_was "directly and deeply involved

with what Congress found to be a

foreign Communist threat against

the very existence of the United

States government. Since no such

relationship has been demonstrat-

ed with respect to alleged Com-

munist-front organizations, the

First Amendment commands a

holding of unconstitutionality."

Innocents Involved

Congress' introduction to the

1950 measure concedes that Com-

munist-front organizations "have

members and supporters who in

fact do not support the Commu-

nist objectives of forcible over-

throw and establishment of a

Communist totalitarian dictator-

ship subservient to the Soviet Un-

ion," the ACLU brief reminds.

"Tt follows that to brand an or-

ganization a `Communist front'

will, therefore, place a stigma

upon persons twice removed from

the category of Communists"-

twice because a Communist-front

group is "at least one dimension

away" from a Communist-action

association.

Vague Criteri?

`Equally significant, says the

ACLU, is the fact that criteria

for judging whether an organiza-

tion is a Communist front are

"nebulous, vague, general" and

ACLU NEWS

OCTOBER, 1962

Page 4

not related to the defined aims

of Communist-action organiza-

tions. They "encompass such a

limitless range of acts and omis-

sions that they provide no clear-

ly ascertainable standard (and)

must therefore fall for violating

the due process clause of the Fifth

Amendment." The criteria "are

all. decidedly in the speech sec-

tor," tending to limit freedom of

expression and assembly, the

brief adds.

Balancing Test Scored

The brief also scores the "bal-

ancing test" set down by the Su-

preme Court in recent security

cases whereby First Amendment

rights are measured against na-

tional security needs, but states

that the present cases don't in-

volve this problem.

"Amicus has never withheld its

disagreement with recent judicial

decisions which have diminished

First Amendment freedoms via

the balancing test. Amicus does

`not believe that the balancing

test may be the foundation for

abridging freedoms of speech, as-

sembly and association of the

Communist Party or any other

group. Nevertheless, we have

sought to demonstrate in this

brief that to hold the Communist-

front organization provisions of

the statute unconstitutional, it is

not necessary for this Court to

discard the balancing test, or to

reverse its present position that

the foreign control of the Com-

munist Party justifies its treat-

ment as an organization separate

and apart from the broad spec-

trum of American political opin-

ion and organizations entitled to

constitutional protection. We sug-

gest, however, that it is always

appropriate to reconsider the

propriety of any decision which

abridges First Amendment free-

doms. ... With the proscription

of a Communist-action organiza-

tion, the constitutionally dubious

abridgement of speech has gone

far enough-in amicus' view, it

has gone too far. A decision

which upholds the constitutional-

ity of branding organizations as

Communist-fronts will damage

our free institutions so severely,

it will take decades to recover

from the blow. ... Just as the

equal protection clause of the

Fourteenth Amendment requires

government to be color blind, the

First Amendment requires it to

be unconcerned with the political

identity of the speaker."

An Act of Folly

The. civil liberties group re-

peats its basic opposition to the

entire Internal Security Act of

1950, popularly known as the Mc-

Carran. Act. It says the law

"stands as a monument of infi-

delity to the American tradition

of political freedom. Its purpose

and effect is to remove from the

people their right to judge ideas

on their merits and to empower

the government to label ideas as

~ noxious by relying on their source

-alone. This is an act of folly."

The attempt to label organiza-

tions as Communist-fronts will

drive them from the marketplace

of ideas, the brief states. "The

past decade and more has been

witness to grave invasions of

speech and association that can

no longer continue unabated. If

not checked now, we lay our-

selves open to the same evils

from which this oppressive legis-

lation pretends to deliver us."

A Brief Analysis

Of the Francis

Amendment

Continued from Page 2-

ing the net of suspicion and dis-

loyalty over the critics of society.

It would deny fundamental tenets

of fair play: notice, hearing, coun-

sel, without which innocence "e-

comes meaningless.

1. Section 3 grants powers to state

agencies to make findings with-

out a single requirement of

hearing or appeal or any of the

traditional American elements

of fairness embodied in due

process. Sections 5, 6 and 9

would deprive. members of

branded organizations of pub-

lic employment or public office:

or tax exemption without any

knowledge on the part of. the:

member of the alleged subver-

sive character of the organiza-

tion.

2. The Francis Amendment could

effectively deter free speech

and association by questioning

the loyalty of all citizens and

by indiscriminate branding of

groups as "communist" or "sub-

versive." The Francis Amend-

ment is not aimed at Commu-

nists or persons who advocate

overthrow of the government

(See Section A, above). The im-

port of every section is to reach

persons who are unpopular or

critical of our society or who

differ from the views of the

Francis Amendment supporters.

E.-Most of the provisions of the

Francis Amendment, particularly

Sections 7, 8, 9 and 10, were con-

sidered by the State Legislature

in 1961 and rejected. They were

rejected for many of the reasons

set forth here. The Legislature is

fully empowered to consider the

problems of subversion. The

Francis Amendment rejects the

competence of the Legislature,

Sick Alien Now

Allowed To

Leave Couniry

The Immigration Service, which

has a reputation for trying to

throw people out of the country

(especially Chinese), last month

abandoned its efforts to keep a

very sick alien Chinese woman

from. joining her husband in

Macao. On September 10 the

Service declared it no longer re-

quired the presence of the alien

in the United States and withdrew

its temporary order, issued under

war-time powers, preventing her

departure.

The Government had claimed

the alien was a material witness

in investigations relating to the

illegal entry into this country of

her husband, her brother-in-law,

also in Macao, and a daughter-in-

law, who resides in San Fran-

cisco.

The assertion by the Service

that the alien's departure was

prejudicial to the best interests

of the United States was made in

spite of the fact that the alien is

bed ridden from coronary arte-

riosclerosis and diabetes, and is

half blind. "She can hardly walk

100 feet without assistance," her

doctor testified.

Even though her doctor recent-

ly advised against traveling, she

will very likely leave shortly in

order to be with her husband.

`Man Without a

Country' On Bail

Continued from Page 1-

given him. due process rights

which cannot be as lightly shunt-

ed aside as the Immigration Sery-

ice would like them to be. The

ACLU will argue that he cannot

be deemed to have given up his

long-time residence just by fol-

lowing his profession as a seaman.

If he has committed some act for

which he can be deported, then

he must be given all the rights of

procedural due process before he

can be deported.-M. W.K.

"Communist Propaganda"

Cer

isorship

The American Civil Liberties Union has urged the Senate

Post Office and Civil Service Committee to reject the so-

called Cunningham Amendment to the House-approved

postal rate revision bill, charging that its enactment would

"establish unprecedented and dangerous censorship of our

mails."

In testimony before the Com-

mittee headed by Sen. Olin John-

ston (Dem., S.C.), Melvin L. Wulf,

the ACLU's legal _ director,

pointed out that under the

Amendment no mail from abroad

"determined by the Attorney

General to be Communist politi-

eal propaganda" may be "re-

ceived, handled, transported, or

delivered" by the United States

Post Office.

"Communist Propaganda"

"The plain effect of this," the

Union's spokesman said, "would

be to permit the Attorney Gen-

eral to appoint people to examine

all newspapers, books, periodi-

cals, pamphlets, and other litera-

ture coming into the United

States via the mail from any

country. Whenever, in the eyes

of these designated officials, any

of this material-be it a Moscow

or a Paris newspaper-contained

any expression which can be

characterized as `Communist

propaganda,' they could seize and

destroy jit.

Mails and Free Speech

"The mails, Justice Holmes

once said, are as much a part of

speaking. as our tongues," the

ACLU official stated. "When we

begin censoring mail we censor

- speech - exchange of ideas be-

tween people. It is clear that the

First Amendment applies to the

post. And the First Amendment

is framed in terms of any abso-

lute prohibition on Congress'

power in this area. It says `No

law.' No law interfering with the

freedom of Americans to read and

talk about social and political is-

sues.

No Limits on Political Debate

"While the limits of Congress'

power to deal with the Commu-

nist movement have been a mat-

ter of debate, it is clear that

Congress is denied the power to

set up an official agency to

screen books and newspapers and

determine, on the basis of politi-

cal content, which may be read

and which may not. ... The First

Amendment is cast in terms of

an unqualified prohibition on

Congress because it is designed

to promote the fullest freedom

of political debate; it is grounded

on the assumption-which some

proponents of the Cunningham

Amendment would

apparently .

now repudiate-that Americans

are a capable, rational, politically

competent people; that we are

not afraid of propaganda; that

we will never erect our own cur-

tain of censorship to shield us

from ideas we hate or from lies.

For that is cowardice. There is

greater value in allowing propa-

gandists to have their say-there

is greater strength in defeating

them on the merits of the argu-

ment than by censorship."

STATEMENT REQUIRED BY THE

ACT OF AUGUST 24, 1912, AS

AMENDED BY THE ACTS OF

MARCH 3, 1933, JULY 2, 1946 AND

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

ING THE OWNERSHIP, MANAGE-

MENT AND CIRCULATION OF

American Civil Liberties Union News

published monthly at San Francisco,

Calif. for October, 1962.

1. The names and addresses of the

publisher, editor, managing editor

and business managers are:

Publisher: American Civil Liberties

Union of Northern California, Inc.,

503 Market St., San Francisco 5, Calif.

Editor: Ernest Besig. 503 Market

St.. San Francisco 5, Calif.

Managing Editor: None.

Business manager: None.

2. The owner is: (If owned by @

corporation, its name and address

must be stated and also immediately

thereunder the names and addresses

of stockholders owning or holding 1

per cent or more of total amount of

stock. If not owned by a corporation,

the names and addresses of the indi-

vidual owners must be given. If

owned by a partnership or other un-

incorporated firm, its name and ad-

dress, as well as that of each indi-

-vidual member, must be given.)

American Civil Liberties Union of

Northern California, Inc., 503 Market

St., San Francisco 5, Calif.

3. The known bondholders. mort.

gagees, and other security holders

owning or holding 1 per cent or more

of total.amount of bonds, mortgages,

or other securities are:

none, so state).

None.

4. Paragraphs 2. and 3 include, in

eases where the stockholder or se-

curity holder appears upon the books

of the company as trustee or in any

other fiduciary relation, the name of

the person or corporation for whom

such trustee is acting; also the state-

ments in the two paragraphs show

the affiant's full knowledge and be-

lief as to the circumstances and con-

ditions under which stockholders and

security holders who do not appear

upon the books of the company as

trustees, hold stock and securities in

a capacity other than that of a bona

fide owner.

5. The average number of copies of.

each issue of this publication sold or -

distributed, through the mails or

otherwise, to paid subscribers during

the 12 months preceding the date

shown above was: (This information

is required by the act of June 11,

1960 to be included in all statements

veel: of frequency of issue.)

Ernest Besig

BHditor

Sworn to and subscribed before me

this 21st day of September, 1962.

Alice E. Lowrie,

(SEAL) Notary Public in and

for the City and

County of San

Francisco, State of

_ , California

(My commission expires May 28, 1964)

The first right of a citizen

Is the right

To be responsible. .

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