vol. 28, no. 6

American

Civil Liberties

Union

Volume XXVIII

SAN FRANCISCO, JUNE, 1963

Los Gatos Joint Union H.S. Dist.

Vesper Services

_ Approved By

3-2 E

joard Vote

- Rejecting the recommendations of its County Counsel

and Superintendent, the Los Gatos Joint Union High School

District board of trustees on May 13, by a vote of 3 to 2, ap-

proved so-called "vesper services" at Los Gatos and Saratoga

High Schools, if sponsored by the P-TA, students or some

outside group.

Issue Arose in 1962

Legality of such services, gen-

erally referred to as baccalaure-

ate services, was first discussed

by the board in February 1962

when graduation exercises for

the new Saratoga High School

were under discussion. The board

voted to ask the County Counsel

for his opinion, and, in the mean-

time, by a split vote, allowed the

exercises to be held in June.

Such services, as reflected in

`a previous program, had one

minister deliver a sermon, a sec-

-ond give the invocation and a

third give the benediction. The

senior class president led the

call to worship, the student body

president presented the Scripture

lesson and another: student sang

the Lord's Prayer. Religious

hymns were sung by the students'

and audience. :

Not only was this program car-

ried on on school property but

the teaching staff organized the

services

`sals.

Counsel's First Ruling

On June 6, 1962, the County

Counsel ruled "that while the

conduct of vesper services for

graduating seniors is not, per se,

a violation of this constitutional

prohibition, the specific program

which is proposed probably would

violate the principle embodied in

`the Federal Constitution as de-

fined by the Supreme Court of

the United States. ... Although

we believe that the proposed ves-

per service gives rise to serious

constitutional problems, we think

that these problems would be

eliminated if the service was con-

ducted off school property and

not under the authority, super-

vision or direction of the- dis-

trict?'

Board Imposes Restrictions

The issue was again debated

by the board last February 25, at

`which time it was agreed that the

services could not be held under

district auspices, and that school

personnel could not be used to

plan or organize sucia services.

At the same time, the Board

voted to ask the County Counsel

for his opinion whether the high

school auditoriums could be

rented to church groups, under

the Civic Center Act, for the

holding of vesper services. ~-

Counsel's Second Ruling

On April 22, the County Coun-

sel ruled that "the use of school

property by a community organ-

ization for vesper services, be-

ing essentially religious in char-

- acter, is not authorized by the so-

called Civic Center Act... ."

Vesper services were support-

ed by a dozen senior students, a

representative of the Presbyte-

rian Church, who presented a pe-

tition signed by 250 church goers,

and a number of citizens. Dom

Sallitto,

argued that vesper services were

forbidden under the First

Amendment, and that the board

had a moral obligation to imple-

ment the County Counsel's opin-

ion,

and conducted rehear-

an ACLU member,

_ The ACLU office has referred

the matter to the Santa Clara Val-

ley Chapter for consideration.

"THOMAS w. BRADEN

Marin Pot-Luck

July 13 Features

Tom Braden

The tenth annual Marin county

ACLU Pot-luck Dinner will be

held Saturday, July 13, at the

beautiful Roger Kent estate in

Kent Woodlands, Kentfield, it

was announced last month by

Milen Dempster, chairman of the

Marin Chapter ACLUNC,

_ The featured speaker will be

Thomas Braden, newspaper pub-

lisher and former Dartmouth Col-

lege professor, whose recent re-

appointment as chairman of the

State Board of Education made

the headlines.

The dinner part of the program

is scheduled for 5:30 p.m., while

the speaking part will start at

8 p.m.

Complete details about the

meeting will appear in the July

News. In the meantime, members

and friends of the ACLU are

urged to reserve July 13 for this

tremendous meeting which in re-

cent years has attracted anywhere

from 500 to 1400 persons.

Membership

Reaches a

New High

Under the impetus of the

Spring Membership Drive,

headed by Zora Cheever Cross,

and valiantly supported by

ACLU volunteers in many com-

munities, the ACLU membership

reached a new record of 5300 as

this issue of the "News" went to

press, compared with 5226 last

October 31. At this same time

fast year, exactly 5137 members

were on the ACLU rolls. Be-

cause of 205 separate subscribers

to the NEWS, the ACLU of

Northern California presently

has a paid mailing list of just

over 5500.

Ntimbe: 6

Undesirable |

Discharge Faces

Reserve Member

`The ACLU has intervened in

behalf of a member of the

Army's Standby Reserve who is

faced with a discharge on

grounds other than honorable be-

cause of "unsuitability."

Grounds for Complaint

The Army has grounds for

complaint. Last Oetober the in-

dividual wrote a letter to the

Post Commander saying that if

he were called up for further

service he would not obey the

order. "I take this action," said

he, "in protest. of our naval

blockade of Cuba,:a policy I re-

gard to be dangerous, foolish,

and immoral. I regard President

Kennedy's decision to be ill-con-

ceived and irresponsible, prompt-

ed more by domestic political

considerations than by threats to

the security of the United

States."

~Army's Rights

Certainly, the Army may re-

ject a member of the Standby

Reserve who says he isn't going

to obey orders. The only ques-

tion has to do with the type of;

discharge that is granted:

The individual served two

years on active duty and holds a

separation under honorable con-

ditions. The ACLU contends that

under the Supreme Court's de-

cision in the Harmon case, any

discharge must reflect the char-

acter of the service. Therefore,

in this case, if the Army now

finds the individual unsuitable

for various reasons it may dis-

charge him but only with an

Honorable Discharge. |

Regulations

At the ACLU's request, the

Army furnished it. with an ex-

tract from the applicable Army

regulations. Those regulations

declare that `Individuals will be

discharged by reason of unsuit-

ability, with an honorable or gen-

eral discharge as warranted by

the individual's military record."

The ACLU has now asked the

Army to clarify its position in

view of the conflicting informa-

tion furnished to the individual

and the ACLU.

Freedom of the Press

Birth Control

The Shaver Case

Be Returne

Late last month South San Francisco Municipal Court

Judge Charles Becker ruled that the ACLU was correct in

- its contention that over 700 books and magazines seized at

the time of the arrest of Mr. and Mrs. Jack Shaver on a charge

of selling three allegedly obscene books must be returned to

them. The ACLU argued that,

since there never had been a

hearing on the nature of the 700

books, the seizure, even though

incidental to a lawful arrest, con-

stituted a prior restraint on writ-

ten material in violation of the

First Amendment.

Basis for Motion

The basis of the ACLU motion

Pre-Trial

Detention

Study Planned

The Board of Directors has

`asked that the Lawyers' Commit-

tee of the ACLU undertake a

study of bail and pre-trial deten-

tion in Northern California

courts. Recent research has in-

dicated that much pre-trial de-

tention is unnecessary and harm-

ful to the defense of those per-

sons unable to afford bail. De-

fendants held for lack of bail are

unable to aid in their defense by

seeking witnesses and evidence,

are unable to continue working

to pay for an attorney and gen-

erally are subjeet to pressures

to plead guilty because of "dead

time" in jail.

The ACLU believes that more

use may be made of citations in-

stead of arrests.for petty. of-

fenses, and that many defendants

could be released on small or no

bail if a brief investigation were

made of their responsibility. In

New York law students screened

arrested persons and of 200 re-

leased without bail on the stu-

dents' recommendation only 2

failed to appear in court. Only a

small percentage of these 200

would ordinarily have made bail

or been released without bail.

Lawyers interested in working

on this project are asked to con-

tact the ACLU office.-M.W.K.

Book

Ruled Non-Mailable

The Post Office Department has ruled that a book dis-

cussing birth control methods is non-mailable and that ad-

vertisements about the book are also barred from the mails.

Santa Rosa Bookseller

Involved in the case is Fred-

erick H. Eaton,. a Santa Rosa

bookseller, who has been in-

formed by Postal Inspectors that

-he will be prosecuted unless he

-discontinues the sale of the book

through the mails. The book in ~

question is "Birth Control To-

day,' by Dr. L. F. Whitney, bi-

ologist and former Executive Sec-

retary of the American Eugenics

Society. It is published by the

reputable firm of Thomas Nelson

Sons of New York.

P. O. Cites Federal Law

The Post Office contends that

sale of the book through the

mails violates Section 1461 of

Title 18, United States Code. That

section provides a broad prohibi-

tion against sending any contra-

ceptive device or information

about such devices through the

mails. -

Louis J. Doyle, General Coun-

sel of the Post Office Depart-

ment, in ruling against the book

said: "Since `Birth Control To-

day' contains information of the

proscribed character and it was

offered to individuals as a source

of such information, it does not

appear that the Post Office De-

partment would be authorized to

treat this as mailable matter."

The law provides a punishment

of $5000 fine or five years im-

prisonment for the first offense.

$10,000 fine and ten years im-

prisonment is the punishment for

succeeding offenses.

ACLU Help Sought

Eaton feels the law violates

freedom of the press and he is

willing to oppose the Post Office

Department's demands if the

ACLU will undertake to defend

him. Whether the Attorney Gen-

eral's office would approve a

prosecution under a law reflect-

ing Catholic morals is rather

doubtful. Not only would such a

case result in wide publicity but

it would be difficult to find a

jury that would convict. In any

case, the matter is on the agenda

of the June meeting of the ACLU

board of directors.

for the return of the 700 books

was the decision of the U. S.

Supreme Court in Marcus v.

Search Warrant holding, in a

search warrant case, that literary

property may not be seized and

held unless there is a prompt

court hearing based upon factual

- evidence as to alleged obscenity.

It was the ACLU position, now

sustained by Judge Becker, that

since the seizure of the 700 books

had never been given any hear-

ing they could not be used in

any court and must be returned

to their owners. This and similar

decisions should put a stop to the

widespread practice in obscenity

arrests of seizing and holding

material protected by the First

Amendment. If the argument is

made that the material is not so

protected then a prompt judicial

hearing is required by the Con-

stitution. Beg

Background of Case

The Shavers were the owners

of a cigar store in South San

Francisco which carried a large

selection of books and magazines.

They claimed that it would have

been impossible to have read or

even skimmed the theusands of

books in their store and that

they did not know the contents (c)

of the three books in question. At

the time of their arrest the police

seized. the additional 700 books

and magazines `as evidence."

The Shavers were convicted but

the conviction was reversed on

appeal and a new triai is sched-

uled in July. The ACLU. will con-

tinue to defend the Shavers in

the criminal action. -M.W.K,

Hatch Act Qui

Of San Francisco

Postal Worker

A career employee of the San

Francisco Post Office was ques-

tioned last month concerning his

alleged political activities and

possible violation of the Hatch

Act provision against member-

ship in a group advocating the

violent overthrow of the govern-

ment. |

He was_required to appear dur-

ing working hours in the office

"of the Postal Inspectors. At that

time, he refused to answer ques-_

tions about alleged associations

with the Socialist Workers Party

and the Young Socialist Alliance.

ACLU Representation

Thereafter, he was again noti-

fied to appear at the same office

during working hours, but this

time he was accompanied by a

representative of the ACLU. Two

-Continued on Page 3

in This Issue

Alarm Sounded by ACLU

Against 3 Amendments p. 3

Bible Reading Test Case

Before U.S. Supreme

Court 2) p.2

Overhaul of Port Security.

Program Sought ............ p.3

IRS Revokes Exemption

For Religious Group....

U.C. Communist Speaker

Ban: Round-up of De-

velopments on Various

Fronts p. 2

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

Rev. Richard Byfield

Prof. James R. Caldwell

William K. Ceblentz

Richard DeLancie

John J. Eagan

_ Rabbi Alvin f. Fine

Mrs. Zora Cheever Gross

Prof. Van D. Kennedy

Rev. F. Danford Lion

Peale 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

Reger 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

=) Rr. Rey. Sumner Waiters

John R. May

Lloyd L. Morain

Prof. Herbert L. Packer

William M. Roth ;

Clarence E. Rust .

John Brisbin Rutherford

Mrs. Alec Skolnick

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 Lastrucei

Norman Lezin

Prof. John Henry Merryman

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

le Reading Test Case

Before U. S. Supreme Court

The United States Supreme Court is expected to rule on

the legality of Bible reading in the public pehouls, before

the end of the month.

The Superior Court of Baltimore and the Maryland Court

of Appeals have refused Mrs.

Madalyn E. Murray's petition to

declare unconstitutional the re-

quired Bible-reading ritual in the

coheal her son attends. The U. S.

District Court for Eastern Penn-

sylvania has overturned two

versions of a similar Pennsylvania

Jaw, in suits brought by the fam-

ily of Edward L. Schempp, sup-

ported by the Greater Phila-

delphia Branch of the American

Civil Liberties Union. The losers

of both cases - Mrs. Murray and

the State of Pennsylvania - have

appealed to the high court.

Psychological Pressures

The Schempps, who have two

children attending the Abington

Township Public High School,

contend the Pennsylvania Bible-

reading law violates the First

Amendment, which forbids the

state establishment of religion, or

interference with the citizen's

free exercise thereof, They claim

-even the revised version of the

state law, which permits students

to be excused from Bible-reading

ceremonies on written parentai

request, unconstitutionally illicits-

a profession of religious belief or

disbelief. In the brief submitted

te the Supreme Court by their

attorneys, Henry W. Sawyer, III

and Wayland H. Elsbree, it is

claimed that the present law thus

exposes the child te enormous

psychological pressures, whether

he chooses to hear a doctrine that

contradicts what he has been

taught, or excuses himself and

faces the social ostracism ef his

classmates.

Compulsory Reading

The Pennsylvania law in ques-_

tion calls for the compulsory

reading of "at least ten verses

from the Holy Bible" in all public

schools. The State supplies the

King James version of the Bible.

But three children and _ their

father have previously testified

that they not only do not believe,

but are offended by, much that has

been read to them. They do not

ACLU NEWS

JUNE, 1963

Page 2

believe in what. Mr. Schempp

called the Old Testament's con-

cept of "Jehovah as a God of

vengeance." Nor do they believe

in the divinity of Christ. Expert

witnesses testifying for both

plaintiffs and in the District

Court admitted that Protestants,

Catholics and Jews cannot even

agree about the wording of the

"correct" version of the Old

Testament,which they supposedly

share. Catholics, Jews, and many

Protestant sects do not emphasize

Bible reading. Other religions

represented in the United States

and guaranteed equal religious

protection consider different

works sacred. The Schempps con-

tend that, in addition to violating

the "no establishment of religion"

clause of the First Amendment,

the existing law violates their

right to free religious practice,

since their children must attend

public schools, and they must sup-

`port these schools with taxes.

Neutrality With a Vengeance

Attorneys for the state of Penn-

sylvania reason the elimination

of such vestiges of religious

tradition as Bible reading could

logically lead to abandonment, of

the motto on U. S. legal tender

and replacement of the Christian

calendar. They also argue the

government-meaning the courts

-should remain "neutral" toward

religion, not interfering either

for or against. The Schempps

retort that in pleading for neu-

trality, the state is really asking

for the preservation of a pre-.

judiced status quo. "This," says

the Schempps' brief, "is neutral-

ity with a vengeance!"

Academic Freedom

The American Association of

University Professors at their re-

-cent San Francisco meeting voted

to censure Sam Houston State

Teachers College in Huntville,

Texas, because it dismissed soci-

ologist Rupert C. Koeninger. One

complaint against the professor

was that he had questioned the -

objectivity of "Operation Aboli-

tion."

Lafayette followed directly

Chapters Under

Consideration

[In Two Areas

Enthusiasm generated during

the membership drive of the past

few months has members in

Berkeley and Walnut Creek ex-

ploring possibilities of forming

an ACLU chapter in each of

these areas.

Berkeley Steering Committee

The Berkeley committee held

a meeting to discuss the question

at the home -of Dr. Glen Foor on

May 22. Mrs. Robert Lyon, able

chairman of this year's campaign

in that city, reported a strong de-

sire for "more than check-writ-

ing" among lecal members. A

steering committee was elected

to look into the promises and

problems of a chapter program

working in Berkeley. Interested

members may call Mrs. Lyon

(LA 6-3349) or Mrs. Carol Madore

at TH 3-7722, during the day

time, and LA 46525 during the

evening.

Koch Meeting

Chapter talk in Wainut Creek-

on

the heels of the successful public

meeting the area membership

committee put on with Leo Koch

as the speaker. Over 125 people

turned out to hear Dr. Koch's ex-

cellent presentation on "Academ-

ic Freedom and Civil Liberties"

-and to query him on sex. Koch,

it may be remembered, is the

biology professor fired by the

University of Illinois for speak-

ing his mind on premarital sex

in a letter to the student news- -

paper.

Though academic freedom and

the ACLU were slightly blurred

by questions of "free love," local

press coverage was good and ac-

curate, echoing one member's re-

action that "Light is sc reassur-

ing when dark corners are

scarey." Radio KWUN received

so many telephone questions

about the ACLU, the station in-

vited executive director Ernest -

Besig to appear on one- of its

programs to answer them.

Meeting on June 2

All of this explains why mem-

bers in the area began talking

about forming a chapter. They

are meeting for a thorough dis-

cussion of the matter on Sunday,

June 2, 7:00 p.m., over a pot luck

supper at the David Bortin's, 117

Los Altos (Eichler traci) in Wal-

nut Creek. Members living in

the Lafayette-Walnut Creek-Or-

inda-Concord area are invited to

attend. But please rsvp Mrs. Bar-

bara Suczek, (283-3111) or Mrs.

Stella Hill (283-8631). -J.H.

Mosk Addresses

Stockton

Chapter Meeting

Stanley Mosk, Attorney Gen-

eral of California, was the speak- -

er for the first annual meeting

of the ACLU's Stockten: chapter

.on May 21 in the Great Hall of

Raymond College at the Univer-,

sity of the Pacific.

Some 200 people heard Mr.

Mosk put the finger on the varied

pressures for conformity under-

mining our civil liberties. Stress-

ing the importance of the cour-

age of individual ccnvictions

against these pressures, he hailed

the American Civil Liberties Un-

ion for giving individuals a pro-

gram and voice to assert their

support for constitutional prin-

ciples.

ACLU members at the meeting

elected the chapter-board of di-

rectors for the coming year:

Margaret Abrahamson, Margaret

Baber, Al Culhane, Ruth Freed-

man, Max Freeman, Marvin

Marks, Alan Oak, Marjorie Phil-

lips, Glenn Price, David Stadtner

and Phillip Wogaman.

Following the meeting a recep-

tion was held for the Attorney

General at the Anderson "Y" on

the campus. -J.H.

U.C. Communist Speaker Ban

Round-up of Developments

On Various Fronts

President Clark Kerr announced, last month that the Re-

gents would give "early consideration" to the Communist

speaker ban on the the University of California campuses.

He said he would make his

the next few months."

Kerr also announced that he

had surveyed "leading American

universities" and found that the

University of California is the

only one that prohibits eas

nist speakers.

Students Vote Against Ban

In the meantime, students at

the Berkeley and Los Angeles

campuses had overwhelmingly

registered their opposition to the

ban. The vote at Berkeley was

2947 to 847, while the vote at Los

Angeles was 2210 to 946.

In view of the student acon.

the ACLU of Southern California

dropped the suit it had filed on

behalf of four students at UC's

Riverside campus challenging

the banning of Communists Dor-

othy Healey and Ben Dobbs. The

case was pending in the Fourth

District Court of Appeals after

it was dismissed by the Riverside

Superior Court.

Slate Tests Ban

-On the Berkeley campus last

month, Slate sought to test the

ban by having a meeting at

"which tapes of a speech by

Mickey. Lima, California Regional

Director of the Communist Party,

would have been played. The

Dean of Students denied the ap- -

plication. She did allow the read-

ing of an article by Lima that

appeared in "Political Affairs,"

Marin Chapter

Theatre Party

On June 7

"The Deadly Game," an eerie

and sophisticated comedy by

Frederich Durrenmatt, with a

Kafka quality, will have an

ACLU benefit performance Fri-

day night, June 7, curtain at 8:15.

The fascinating drama, direct-

ed by Earle Marsh, at the Gate

Theatre in Sausalito, has evoked

highest praise for its local per-

formance from the Bay Area

press.

Press. Enthusiastic

"So extraordinarily good, so

penetratingly and flawlessly per-

formed that I urge you not to

miss it,' wrote Eichelbaum in

the "Examiner."

"The blend of nightmare and

reality is accomplished through

beautifully modulated perform-

ances by four extremely polished

actors ...a brisk and brightly

intelligent piece, presented with

_ professional style and elan .. ."

said Knickerbocker

"Chronicle."

The Story

"The Deadly Game" is a mat-

ter of abstract judicature and is

in the

_ played by three retired members

of the legal prefession. Onto

their game field stumbles a

brash, somewhat vulgar and. self-

confident American tourist, a

salesman, who begins to disinte-

grate under the rules of the

game.

Price of admission for the

ACLU, Marin Chapter, benefit

night is $3.00, and tickets may

be obtained from Mrs. Arthur

Westley, 48 Redwood Road, San

Anselmo. (Phone: GL 3-7868.)

Self-addressed and stamped en-

velope, of course, should be

sent with the request for tickets.

The Players .

Performers of the Jack Aran-

son Company at the Gate Thea-

tre, who drew enthusiastic re-

views from the press, are Aran- _

son himself, George Ede, Robert

Haswell, Russell Ernst, Henri

Lysen, Charles Purdy and Salley

Lacey, all experienced actors

whose enthusiasm for "The

Deadly Game" gives it that extra

dimension found only in the best

of theatre -HBK _

own recommendation "within

and the meeting was also allowed

to hear excerpts read from a

book by Communist Herbert Ap-

theker, borrowed from the U.C.

library. Slate next intends to

show .a silent film of Aptheker,

while a student reads from one

of his books.

An Offense to Logic

In a speech before the 49th

annual meeting of the American

Association of University Pro-

fessors, Chancellor Edward W.

Strong of the University of Cali- -

fornia, Berkeley, declared: . "I

quite agree that a consistent

open forum policy - the an-

nounced policy of the University

of California-is not being main-

tained when a speaker from the

radical right is permitted to

speak on campus but a Commu-

nist is not. The written words of

both are in our library freely

circulating. To ban the spoken

word of one but not the other in

a colloquium, debate, or lecture

appears to be an offense to logic

in reasoning from principle to

applications."

Hearst Papers Unhappy

The San Francisco Examiner -

_protested that Strong was wrong

"in equating Communism with

the `radical right.' Communism is

a foreign ideology. It is a godless

ideology. It is a subversive move-

ment dedicated to the destruction

and overthrow of our form of

government."

The San Francisco News Call-

Bulletin argued in much the

same fashion. `""Many ideas should ~

flow freely on a university cam-

pus," said its editorial headed

"A College Campus No Place for.

Reds," "but treason is not one of

them."

Communists Are Speaking

Of course, there are presently

Communists on the U.C. campus

from Communist countries and

there may be domestic Commu-

nist students as well, all of whom

are speaking on the U.C. campus

in spite of the Communist ban.

More recently, a resolution to

remove the ban on Communist (c)~

speakers was unanimously adopt-

-ed by faculty representatives of |

San Francisco, Berkeley and.

Davis campuses to the University

of California's Academic Senate,

and the University of California

Berkeley Chapter of the AAUP

expressed its opposition to the

policy of the Regents.

Customs Clears

Pictures But P.O.

Must Now Rule

Leif Heilberg, San Francisco

photographer for nudist maga-

zines, has complained to the

ACLU that pictures of nudes sent

to him through the mails from -

Europe in sealed envelopes last

April have failed to reach him.

The U. S. Customs Service re

quested and was granted per-

mission by Heilberg to open the

envelopes. After that, nothing

was heard about the pictures un-

til the ACLU made an inquiry.

The ACLU discovered that the

Customs Service, on the advice

of its Washington office, had de-

cided the pictures did not vio-

late the law against importing

obscene matter, but then it

turned them over to the local

Postal Inspector's office. That

agency has also turned to Wash-

ington for advice as to whether

the material violates the Federal

postal laws and _ regulations

against importing obscene mat-

ter through the mails. A ruling

is being awaited.

Indirect Attack on Freedom

The American Civil Liberties Union warned last month

that a package of three proposed constitutional amendments

would, if adopted, have a "far-reaching and crippling" effect

on civil liberties, and called for a national effort to reject

the amendments. The civil liberties group said that the

amendments might result in re-

moving such basic rights as free-

dom of speech and religion and

jury trial from the Constitution.

The Three Proposals

The three amendments, pro-

posed by the State Assembly of

the Council of State Govern-

ments, would (1) revise the meth-

od of amending the Constitution,

through state legislatures and

without getting approval of the

Congress, (2) restrict the federal

judiciary's action in cases affect-

ing apportionment of state legis-

latures, and (3) create a new

"Court of the Union" te override

decisions of the United States

Supreme Court. e

Major Push

A dozen state legislatures have

approved: the first amendment,

another dozen the second and

three the third. According to pub-

lished reports, the Volunteer

Committee on Dual Sovereignty,

the group promoting the Council

of State Governments' plan, a

major push is now under way to

have the amendments approved

by legislatures in South Carolina,

Pennsylvania, Ohio, Iowa, Con-

necticut, New Jersey, Delaware,

' Alabama; Louisiana, Michigan,

Vermont and Wisconsin.

ACLU Board Statement

The statement of the .Amer-

jean Civil Liberties Union urging

"complete rejection" of the three

amendments because they "se-

riously endanger" civil liberties

was issued in behalf of the Un-

ion's National Board of Directors.

The complete text of the state-

ment follows: a

The American Civil Liberties

Union is opposed to the three

amendments. to the United States

Constitution proposed by the

State Assembly of the Council

of State Governments. We believe

that, if adopted, these amend-

ments would seriously endanger

the civil liberties which our Con-

stitution guarantees all citizens.

Since we have consistently urged

the widest possible implementa-

tion of constitutional rights, and

have fought invasions of these

rights by the federal government

or by the states, we must now

strive to turn back this effort to

undermine civil liberties.

National Debate Stilled

While the first of these- pro-

posals appears only to deal with

the techniques of amending the

Constitution, its effect is more

far-reaching and crippling. Un-

der the existing provision no

amendment can be adopted with-

out its having been proposed by

a government body having a na-

tional scope-either by the Con-

gress, on its own initiative, or by

a country-wide convention on the

initiative of the legislatures of

two-thirds of the states.

method assures that such an im-

portant step as amending the

Constitution reflects a genuine

desire and opens the substance

of the amendment to a real na-

tional debate where the public's

voice can be heard. ;

The change proposed by the

Council of State Governments

would eliminate the necessity for

either any Congressional action

or the holding of a convention

and permit the legislatures of

two-thirds of the states to pro-

pose any amendment. And most

important, without action by the

Congress, the amendment would

- population,

This (c)

be ratified if adopted by the

legislatures of three-fourths of

the states. Thus, 34 of the pres-

ent 50 states could propose .and

only four more states would be

needed to ratify! Moreover, the

change could deprive Congress of

the power it now possesses of

providing that ratification by

state conventions, as was done in-

the repeal of the Prohibition

Amendment, rather than by state

legislatures.

Inherent Danger

The inherent danger in these

~proposals was sharply illuminated |

by these statistics reported by

Professor Charles L. Black, Jr.,

of the Yale Law School. Thirty-

four legislatures, in states whose

total populations consist of less

than 40 per cent of the national

could propose an

amendment; and 38 legislatures,

controlled by legislators who in-

dividually represent but about

15 per cent of the national pop-

ulation, could ratify it. Under

this arrangement it could be pos-

sible for such basic rights as free-

dom of speech and religion, the

privilege against self-incrimina-

tion, the right of jury trial or

other freedoms in our Bill of

Rights to be removed from the

Constitution by a mincrity point

of view in the country. Of course

this will be denied, but once the

power is given it can be used.

Right of Franchise

That the American Civil Lib-

erties Union's fear of the restric-

tions on civil liberties which

might result are rooted in real-

istic concern is shown especially

by the second proposal which

seeks to freeze the present dis-

torted representation in state

legislatures beyond correction by

the federal courts. This proposal

is specifically designed to restrict

the federal government's ability,

by judicial action, to curb gross

inequalities in representation in

state legislatures, and thus to

make the 14th Amendment's

"equal protection" clause truly

meaningful as applied to the citi-

zen's right. of franchise. For the

proposal would remove all con-

troversies relating to legislative

apportionment from federal ju-

dicial scrutiny. This is a bold

move which, taken together with

the first, makes clear the civil

_ libertarian's anxiety that malap-

portioned legislatures controlled

by a minority of a state's popula-

-tion could initiate an amendment, -

removing any safeguard of civil

liberties now contained in the

Constitution.

"Court of the Union"

The third proposal provides

machinery, on the demand of

five non-contiguous states' legis-

latures, to overrule decisions of

the United States Supreme Court

which in any way effect the

rights reserved to the states or

to the people under the Consti-

tution. The amendment would

ereate a new court to be known

as the "Court of the Union" com-

posed of the Chief Justices of

the various states. Decisions ean

be rendered by majority vote and

cannot be' changed: in any way

except by a specific amendment

to the Constitution. We cannot

understand such a major attack

on the structure of our govern-

ment unless it be an attempt to

revise recent Supreme Court de-

-Continued on Page 4

Case.

ACLU Protest

In Death

Penalty Case

The ACLU was unsuccessful

recently in its bid to the Cali-

fornia Supreme Court to with-

hold the finality of its decision in

People v. Ashley, a death penalty

Ashley was accused of

murdering a child but was too

insane to face trial for 14 months

after his arrest. After this period ~

he was certified by three psy-

chiatrists as able to understand

the nature of his trial and able to

cooperate with counsel. However,

Ashley insisted on acting as his

own counsel and resisted at-

tempts by the judge to appoint

counsel for him (though he did

-want a legal advisor which the

judge refused to appoint).

Vexing Problems

The problem of a mentally ill

prisoner who is sane enough to

stand trial but who insists on

acting as his own attorney raises

vexing problems of balance he-

tween the right to counsel of one's

choice and the right to be rep-

resented by competent counsel.

The ACLU in a letter submitted

as an amicus brief asked the

California Supreme Court to

withhold the finality of its de-

cision until a similar case in

which the U. S. Supreme Court

-has granted certiorari is decided.

This case, Anderson v. Kentucky,

involves a mentally ill attorney

who murdered under a delusion

and acted as his own counsel

_ defending himself on the basis

that the prosecution was a plot

to. "get him."

Ashley Broke Down Again

Ashley was considered by at

least one of the psychiatrists who |

certified him as able to face trial

to. have had a psychotic break-

down in the middle of the trial.

As an example of his defense, he

subpoenaed the only witness who

may have been able co help him

for a date two weeks after the

trial had ended and made no at-

tempt to change the date of the

subpoena. The prison psychiatrist

at San Quentin has declared Ash-

ley to be now insane and the

death penalty cannot be carried

out while he is in this condition.

-M.W.K.

ACLU Intervenes

For Alleged

Homosexual

The ACLU has intervened in

the case of an engineer, a mar-

ried man with three small chil-

dren, whose security clearance in

a defense industry is in jeopardy

because he "engaged in acts of

sexual perversion."

Answer to Charges

According to the man's answer

to the charges, "The facts are

that as a child of 10 or 11, and

during a period of approximately

ONE YEAR, while sharing the

same bed with my older brother, |

I engaged in sex play of various

kinds with him, which terminated

when we secured separate beds.

Otherwise, there have been ex-

actly five instances in which I

engaged in homosexual acts and

these occurred during my Navy

career over a period of less than

one year, starting in late 1953

and terminating prior to my re-

lease from the Navy in August

1954. At the time these incidents

occurred I was about 22 years

of age." -

Hearing Due

The Government alleges that

solely because of these acts the

employee is not reliable or trust-

worthy, that he is unstable and

has poor judgment, and that he

_ may be subjected to coercion, in-

fluence, or pressure. His wife

and friends, aware of the charges,

have rallied to his support, and a

prominent psychiatrist has ex-

pressed the opinion that the in-

dividual is not a true homosex-

ual. A hearing in the case is

scheduled for June 27 and 28.

Arbitrary, Capricious and Unintelligent

The American Civil Liberties Union has called upon the

government to halt and rectify abuses of civil liberties cre-

ated by the existing Coast Guard port security program.

In a letter to Treasury Secretary Douglas C. Dillon, made

public last month, the Union proposed that all past denials

of clearance be reviewed and that

`the program be "entirely over-

hauled." :

- Arbitrary and Capricious

`It is our experience that the

manner in which the Coast Guard

administers its port security pro-

gram is, of all the security pro-

grams, the most arbitrary, the

~most capricious and the most un-

intelligent," the Union told Dil-

lon.

The letter was prompted by

the case of Roderick Colman,

who for six years was denied port

security validation of his marin-

er's document because he admit-

tedly belonged to the Socialist

Workers Party from 1939 until

1952. The ACLU brought suit on

Colman's behalf in Federal Dis-

trict Court in New York last: Feb-

ruary. On April 29, three weeks

after the Coast Guard had been

granted an additional month to

file an answer, Colman was noti-

fied that he would receive a val-

idated document.

A Disgrace

"That Mr. Colman was denied

the right to pursue his occupa-

tion for so long a, time because

of an ill-conceived and malad-

ministered security program is a

disgrace,' the ACLU observed.

"We dare say that many ex-sea-

men of a variety of left-of-center

political groups are on the beach

today because they are victims -

of the same frivolous practices

to which Mr. Colman was sub-

. jected."

By deciding to issue a validated

mariner's document to Colman

the Coast Guard has admitted

that it could not defend its prac-

tices in court, the Union wrote.

The admission, he added, applies

to "all other ex-seamen who have -

been unconstitutionally deprived

of their liberty and property -

without due process of law be-

cause of the exercise. of their

First Amendment rights.

_ ,Gevernment Action Sought

"We would be remiss in our

responsibilities if we failed to

have the benefits of this par-

ticular case applied to the others

who have been unconstitutionally

Hatch Act Quiz

Of Postal Worker

Continued from Page 1-

Postal Inspectors were present

and one of them announced that

he wanted to take a statement

from the employee. Excerpts of a

letter from a Post Office official

in Washington were read to the

employee, which declared that

he faced possible prosecution for

violation of the Hatch Act. He

was also informed that failure to

cooperate in the investigation

would be regarded as insubordi-

nation and dismissal might re-

sult. At the outset, the manner of

the inspector who played an

active role was overbearing and

threatening.

Possible Criminal Action

The interview terminated after

45 minutes when the employee, ~

in view of the possible criminal

action, declined to answer -polit-

ican questions. Only some of the

- prepared questions were revealed

and these had to do with alleged

membership in the Socialist

Workers Party and the Young

Socialist Alliance, a subscription

to "World Books," and residence

with two named persons.

- ACLU

deprived of their livelihood," the

informed the Treasury

Secretary. "Although we are quite

prepared to litigate in other cases

the `same questions that are pres-

ent in Mr. Colman's case, the in-

terests of justice and an ele-

mentary sense of fairness demand

that the government take the

affirmative in rectifying its own

errors."

The ACLU urged the govern-

ment to review "without delay"

all eases in which clearance has

been denied to seamen to deter-

mine if it has been "wrongfully

withheld."

Overhaul Program

"Second," the ACLU wrote, "we

ask that the port security pro-

gram be entirely overhauled so

that the manifest injustices of the

past not be repeated in the fu-

ture. Principally, this will re-

quire that the personnel respon-

sible for the administration of the

program be re-educated both po-

litically and constitutionally so

that they become aware of the

requirements of the Constitution

as well as the nature of left-of-

eenter political movements and

their real relationship to national

security. In addition, it will re-

quire that in those few instances

where there may be a real, not

imaginary, security problem, the

present Coast Guard regulations

be discarded and new regulations

be drafted, with full assurance

that due process be granted every

step of the way. As the regula-

tions now stand, it is as if the

due process clause of the Fifth

Amendment has been repealed."

Review of Colman Case .

In support of that statement,

the ACLU reviewed Colman's

ease. A "hearing" was conducted

by a three-man board appointed

by the Coast Guard commandant.

The government introduced no

evidence except Colman's own

admission of past membership in

the Socialist Workers Party and

_the testimony of an FBI agent

_to whom Colman had given the

same information. Colman him-

self testified `openly and fully"

about his past membership, his

beliefs, and the SWP program as

he understood it, Pemberton

stated.

Hearing a Sham

"As the program is now ad-

ministered under the present reg-

ulations, the Commandant denies

the application initially, then he

denies it twice again after re-

quiring the seaman to participate

in a ritual of hearing and appeal

that has no meaning whatsoever,"

the ACLU wrote. "It is, if we

may say so in brief, a sham.

"The courts have spoken often

enough on the standards that a

security program must meet to

satisfy the Constitution, and sev-

eral government agencies have

revised their security programs

in line with these decisions. ...

|The interest we all have in free-

dom of speech and association as

well as in fair procedures re- .

quires that the port security pro-

- gram be given a long overdue ex-

amination. We trust that the dis-

position of the Colman case pro-

vides an appropriate opportu-

nity."

ACLU NEWS

JUNE, 1963 Page 3

jorality" Forces

acial Discrimination -

The ACLU won the case of Burks v. Poppy Construction

Co. in 1962 in which the California Supreme Court held that

both the Unruh and Hawkins Civil Rights Acts were consti-

tutional and were a valid exercise of police power and con-

trolled the business of selling houses. The Court stated: "Dis-

crimination on the basis of race

or color is contrary to the public

policy of the United States and

of this state. ... Discrimination ir

housing leads to lack of adequate

housing for minority groups, and

inadequate housing conditions

contribute to disease, crime, and

immorality."

It might be difficult in the face

of this statement to use moral

arguments to support racial dis-

crimination in housing, but it.

was recently done in the deposi-

tion of Sherman Cornblum, presi-

dent and sole stockholder of Pop-

py Construction Company, taken

in preparation for the trial of the

action for damages.

_ Here is what Cornblum said:

"Well they [the real estate

brokers} told me that their client -

was colored and I told them that

I couldn't sell them the home;

that I had no-that insofar as I

was concerned, colored could buy

a home there without any preju-

dice as far as I am concerned, or

willfulness that I refused to sell

to them. But I told them that I

had had-that was the last home

I had left on the tract and I told

them that because of my prior

commitments to people who had

purchased there that morally I

felt that I couldn't sell them the

home. These customers that had

come in and I'd say 90 per cent

of them had come in with the

stipulation that homes in that

tract would not be sold to colored

or Japanese or any other race

outside of the white race.

"Q. So what happened?

.. "A. We got talking about prej-~

udices and so forth and I told

them this time that I understand

the way they felt, because being

_ Jewish myself, I had been con-

fronted with prejudices all my

life, but economically speaking I

FHA Asked toBar

Financial Aid to

Some Builders

The ACLU called on the Fed-

eral Housing Administration last

month to bar federal financial

aid to builders for future con-

struction if they refuse to admit

Negroes into existing housing

built with government assistance.

The ACLU said such a regula-

tion would help to fill one of the -

major gaps in President Ken-

nedy's Executive Order of last

fall. designed to end racial dis-

erimination in federally-assisted

housing. The order applies only

to housing constructed after No-

vember 20, 1962.

The Union said the proposed

regulation "would reach builders

such as Levitt and Sons who to-

day still refuse to sell Negroes

housing built with federal as-

sistance prior to the Order and

who are engaged in continuous

residential construction pro-

grams. It seems appropriate that

builders who continue to refuse

to provide non-discriminatory

housing, regardless when built,

should. not be... the beneficia-

ries of federal assistance for fu-

ture construction. Otherwise the

government would appear to aid

builders who do not recognize

the spirit and direction of the

Order."

OFFER OVERSUBSCRIBED

About a dozen professional and

amateur photographers called

staff counsel Marshall Krause

last month in response to his re-

quest for a volunteer in connec-

tion with a current case. The job

was given to the first person who

called and our thanks go to those

who so generously volunteered.

ACLU NEWS

JUNE, 1963

Page 4

just couldn't do it or morally."

"Q. So these people were un-

fortunately, in your mind, dis-

qualified because they were Ne-

groes?

"A, Not necessarily because

they were Negroes. If they had

been Japanese or anything else

they would have been disquali-

fied in my mind because of my

previous commitments.

"Q. Because they were not

white then; is -that correct?

"A. That's correct, and I had

never met the Burks. I mean, I

knew nothing about them."

-M.W.K.

lac Sounded

By ACLU Against

3 Amendments

Continued from Page 3-

cisions making apportionment a

matter of federal judicial con-

cern, outlawing segregation as

denial of equal protection and

condemning state police practices

as denials of due process. As we

have urged the Court on numer-

ous occasions to make these de-

`cisions affirming constitutional

rights, we necessarily must op-

pose any attempt to overrule.

them.

There is a deeper and even

more disturbing reason for op-

posing this last proposal, the ef-

fort to strike at the authority and

independence of the Supreme

Court, the third branch of our

government. The structure of our

government recognizes that con-

flicts between state and nation

are bound to occur in any fed-

eral system, and, therefore, it is

essential to the survival of the

federal system that the power of

the federal judiciary, as umpire

of these conflicts, be preserved.

That power is now ultimately ex-

ercised by the United States

Supreme Court, a tribunal whose

members are chosen from all

parts of the country and who

have life tenure. Whatever res-

ervations one may, from time to

time, have had about particular

decisions rendered by the Court,

it has hardly ever succumbed to

sectional domination, but has

been inspired by its concern for

the true meaning of the safe-

guards of personal liberty con-

tained in the Constitutien. It may

-be natural that there has been

some resentment of the Court's

having more often in the recent

past than heretofore, found it

necessary to strike down state

action as destructive of these

guarantees. But so long as the

Bill of Rights and the Fourteenth

Amendment remain in the Con-

stitution we, as an organization

. devoted to civil liberties, applaud

that action. Those who disagree

should frankly and openly seek

to eliminate from the Constitution

the safeguards which the Court

has protected. We feel confident

that were this direct attack at-

tempted it would be sharply re-

pulsed. With this same confi-

dence and determination, we op-

pose the indirect, backhanded at-

tempt to accomplish the same ob--

jectives, as manifested by these

three proposals.

We shall endeavor, through lo-

cal ACLU affiliates, and by urg-

ing national organizations and

their affiliates which share our

concern, to make known these

views before state legislatures

and in the form of public debate.

We call on all Americans con-

cerned with the maintenance of

our civil liberties and our form

of government to enlist in this

battle in order that these pro-

posals meet the fate they deserve

-complete rejection.

Calif.

Bill of Rights

Teaching

The ACLU's supply of the Re-_

port of the Williamstown Work-

shop, providing a Program for

Improving Bill of Rights Teach-

ing in High Shcools, which had

been exhausted, has now been

replenished. This excellent 138-

page document is available at a

price of $1.65. Send your order

enclosing payment to the ACLU,

503 Market St., San Francisco 5,

San Jose Council

Refuses Street

Meet Permit

The City Council of San Jose

last month refused to allow the

Young Socialist Alliance to hold

a street meeting on 7th Street

between E. San Carlos and E.

San Fernando streets on May 24,

apparently on the ground that it

might cause traffic problems and

disorder. As this issue of the

News goes to press, the Alliance

`has announced it will hold the

meeting without a permit.

The Ordinance

The Council's action was taken

under an ordinance that appears

to be unconstitutional on its face

because it violates freedom of

speech. It provides, in part, that

"Permits may be granted to any

' person to hold meetings for the

purpose of the observance of or

in commemoration of the anni-

versary of the declaration of

national independence, or for

other public celebrations, events,

or demonstrations of a patriotic,

municipal or memorial character.

The City Council must satisfy

itself that the holding of any

meeting, for which a permit is

required, will not seriously af-

fect the public peace, health, or

safety, and for this purpose may

consider any facts or evidence

bearing on the place where said

meeting is to be held with due

regard to traffic congestion at

that particular point, and in addi-

tion thereto any other facts or

evidence tending to enlighten

said Council."

"Improper" Conduct `

In addition, no meeting may be

held within a distance of fifty

feet from any street corner, and.

a permit may be revoked at any

time by the City Council if the

`meeting "may be conducted in an

illegal, improper or disorderly

manner."

In the Hague case in' 1939,

Justice Roberts said, "Wherever

the title of streets and parks may

rest, they have

been held in trust for purposes

of assembly,

thoughts between citizens, and

discussing public questions."

Proper Regulations Permissible

"Although this Court has rec-

ognized that a statute may be en-

~acted which prevents serious in-

terference with normal usage of

streets and_parks," the Supreme

Court said in 1951, `"`we have con-

sistently condemned licensing

systems which vest in an admin-

istrative official discretion to

grant or withhold a permit upon

broad criteria unrelated - to

proper regulation of public

places."

~The ACLU has suggested that

the ordinance in question should

be reviewed by the San Jose City

Attorney, and the office has re-

ferred the problem to the Santa

Clara Valley Chapter.

Lawyers,

Check In!

A story elsewhere in this is-

sue tells of increased activity

among a committee composed of

those lawyers who are ACLU

members. Unfortunately we are

not aware of all of our members

who are lawyers. So if you are a

lawyer and have not received a

mailing within the last ten days

please write or phone the office

and have your name added to the

list.

immemorially

communicating

IRS Revokes Tax Exemption -

For Religious Group

Sharp criticism of the Internal Revenue Service's revoca-

tion of the tax exemption of the Fellowship of Reconciliation

was voiced last month by the American Civil Liberties Union.

The civil liberties organization called the IRS' action censor-

ship of religion and urged that the revocation order be with-

drawn. :

The ACLU's views were con-

tained in a letter sent on May 10

to Mortimer Caplin, Commission-

er of the Internal Revenue Serv-

ice. :

Grounds for Revocation

The IRS revoked the Fellow-

ship's tax exemption on January

10 on the ground that the group's

purpose, the reconciliation of

peoples and nations under God,

is a political not a religious pur-

-pose which can be accomplished

only through the passage of legis-

lation. The Fellowship has en-

joyed tax exemption for 37 years

on the basis of its religious and

educational purposes.

Direct Encroachment

"The revocation of the Fellow-

ship's exempt status," the ACLU

said,

croachment by an-administrative

arm of the state into the area

protected by the First Amend-

ment to the Constitution of the

United . States. The Internal

Revenue Service, by its arbitrary

assertion that reconciliation of

peoples and nations under God is

a political, not a religious pur-

pose, and one that can only be

achieved through the passage of

legislation or the defeat of pro-

posed legislation, places itself in

the position of a censor of re-

"represents a direct en- -

ligion. This assertion acts as a

prior restraint on the right of

any church or religious organiza-

tion to bear witness to any of the

multitude of issues which govern

men in their social and religious

relationships. ;

Validity of Beliefs

"The courts are _ prohibited

from inquiry into the validity of

particular religious belief, and an

administrative ageney is under

even greater restraints. The ac-

tion of the Internal Revenue

Service, both with regard to the

`Fellowship of Reconciliation and

to the religious community gener-

ally, represents a severe diminu-

tion of the right of a religious

organization to operate free from

governmental restraint."

Dissent, Moderation and Criticism

In its letter, the ACLU de-.

clared that Congress in creating

categories for exemption clearly

reflected the view that private,

non-profit groups in a democratic

society fulfill the educational

- functions of "dissent, moderation

and criticism: It is obvious," the

ACLU said, `that the continued -

existence of religious organiza-

tions free from the imposition of

state function, is vitally neces-

sary to these functions and the

health of our democratic society."

Attempt to Speed John

Mass Case Appeal Fails

An original petition for a writ of mandate filed by ACLU

staff counsel Marshall Krause in the California Supreme

Court on behalf of school teacher John Mass was last month

transferred to the District Court of Appeal and there denied

without opinion. The writ procedure was an attempt to bypass

the normal appellate process

which generally takes a mini-

mum of six months. The denial

of the writ will not affect Mass'

pending appeal from the refusal

of the San Francisco Superior

Court to order his reinstatement

`and pay him more than three

years' back salary.

Mass' Affidavit

Mass has been suspended from

his position since December of

1963 when he declined to answer

questions of the House Commit-

tee on Un-American Activities on ~

the basis of his privilege not to

be a witness against himself. In

support of the petition filed in

the Supreme Court Mass submit-

ted an affidavit stating that he

has not been able to work at his-

profession of teaching college

English for over nine years and

that this deprivation is an irrep-

arable injury even if he is ulti-

mately restored to his position at

San Francisco City College be-

cause of the loss of professional

contacts, diminution of profes-

sional skills, and inability to prac-

tice the profession for which he

The first right of a citizen

Is the right

To be responsible.

- was trained. Mass also pointed

out that he has been unable to

satisfactorily support himself and

his family during these nine

years because he has had to keep

himself available in the event he

was reinstated. It was pointed

out that on at least three oceca-

sions agreement for reinstate-

ment was reached between attor-

neys only to. be rejected by the

San Francisco Board of Educa-

tion. Vs .

Filing of Briefs Speeded

The petition argued that Mass

would be irreparably damaged if

he could not get a decision on

his right to reinstatement before

the commencement of the Fall,

1963, school year. Mass also

stated that he might be obliged

to leave the teaching profession

for good if there was no decision

before the Fall of 1963. Though

the District Court of Appeal de-

nied the writ, it did enter an

order speeding the filing of

briefs so that the case will prob-

ably be argued in September of

1963.-M.W.K.

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