vol. 28, no. 12

a,

American

Civil Liberties -

Union

f

Volume XXVIII

SAN FRANCISCO, DECEMBER, 1963

Adolescent Homosexual Episodes.

siearance

Granted in

Security Case

The Central Industrial Personnel Access Authorization

Board on November 7 after a hearing in San Francisco last

June 27 and 28, tentatively granted a Secret Clearance to an

individual who had been charged with homosexual activi-

the Board denied him a Top

Secret clearance. Since neither

the Government nor the indi-

vidual have requested a further

hearing in the matter, the ten-

tative decision will now become

final. - :

Five Instances :

In his written answer to the

charges, he stated 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 termi-

nated when we secured sep-

arate beds. Otherwise, there

have been exactly five instances

in which I engaged in homo-

sexual acts and these occurred

during my Navy career over a

period of less than one year,

starting in late 1953 and termi-. -

nating prior to my release from

the Navy in August 1954. At the

time these incidents occurred

I was about 22 years of age."

The individual has been mar-

ried for nine years, and has

three children. His friends and

his wife rallied to his support

and testified at the hearing or

submitted affidavits saying he

was reliable, trustworthy and

not a security risk despite his

past actions.

Psychiatric Support

Two eminent psychiatrists, Dr.

Karl M. Bowman and Dr. Nor-

man Reider both interviewed the

individual and furnished expert

opinions. in his behalf. Dr. Bow-

man's statement concluded by

saying, "that in my opinion Mr.

cee w-- IS not intrinsically a

homosexual. I think that his at-

titude is essentially heterosexual

and the record of the past 10

ties at the age of 22, about 10 years ago. At the same time,

years demonstrates this. Every-

one who has made careful

`studies of sexual development in

human beings knows that a num-

ber of homosexual episodes dur-

ing childhood and adolescence

are extremely common and that

the individual usually outgrows

them. I see nothing here to sug-

gest to me that this individual

has a deep seated homosexuality

which is likely to break out again

and from my study of him and

record as available to me I would

consider that he would be a good

security risk."

: Not Unusual

The ACLU argued that the

kind of conduct that the indi-

-vidual engaged in at the age of

22 is typical of 37% of the total

male population, and if he were

to be screened from his job

"solely because of such activities,

the government would have to

get rid of 2 out of 5 employees

who have aecess. to classified

military information. As for the

sex play which oceurred during

childhood, apparently this is so

commonplace it involves most of

the male population. -

- During the five years he had

had access to classified military

information there were no com-

plaints against him. The issue

arose because his company made

an application for a top secret

clearance for him. His security

clearance was withdrawn last

February 15 and ought to be

restored to him by December 15.

This is pretty fast action for the

Army, under whose jurisdiction

the program operates. The

ACLU has another case in which

the lengthy hearings were con-

-Continued on Page 4

Santa Cruz Sponsors

High School Contest

The Santa Cruz County Chapter of ACLUNC last month

announced a Civil Liberties Competition for all high school

students in Santa Cruz county. The Chapter will award up to

$300 in prize money for the best entries on the topic "The

Bill of Rights and My Future." This theme may be expressed

through an essay, poem, speech,

cartoon, painting, photograph,

musical composition or other me-

dium. :

The high schools involved in

the competition are Santa Cruz,

Watsonville, San Lorenzo Valley,

Soquel and Holy Cross High

School in Santa Cruz.

The winners in each of the divi-

sions and the Grand Prize winner

will be announced on Human

Rights Day, December 10. Mary

Duffield, a member of the Santa

Cruz High School faculty and a

member of the local ACLU chap-

ter is coordinating the contest.

A special fund raising party

will be held on December 7 at the

home of Al Johnson, 338 Alta St.,

Santa Cruz at 6 p.m. Buffet din-

ner will be served, after which

there will be an art exhibit and

art items will be auctioned, with

all proceeds going for the Civil

Liberties Competition. -

At the recent annual meeting

of the Santa Cruz County Chapter

the following persons were elect-

ed to the Board of Directors: Her-

man Beck, Bates Elliott, Herbert

Foster, Robert Hall, Dr. Duncan

Holbert, Al Johnson, Margaret

Lezin, John Lingemann, Dan Mil-

ler, Dr. Marvin J. Naman, Dr.

' Kenneth Neary, Ann Read, Man-

uel Santana, L. B. Schaeffer,

Stanley Stevens, Fern Tobey and

Frank Woods. Messrs. Johnson,

Neary, Schaeffer and Tobey are

new additions to the board.

Chapter Officers

The board re-elected Stanley D.

Stevens as its Chairman, Dan Mil-

ler as Vice-Chairman, Herman

Beck as Treasurer, Dr. Marvin J.

Naman as Membership Chairman

and Manuel Santana as Program

Chairman, Mrs. Ann Read suc-

eeeds Myra McLoughlin as Secre-

tary. a.

Number 12

High Court

Prohibits Tel.

Co. Damage Suit

On November 5 the Supreme

Court of California filed its opin-

ion in the proceedings brought

by the Pacific Telephone and

Telegraph Company to prohibit

further proceedings in San Fran-

cisco Superior Court in Edgar

Sokol's ACLU-supported damage

action against the Company. The

high court did not indicate

whether it was of the opinion

that Sokol could or could not

eventually obtain a trial of- his

action for damages arising out of

the removal of his telephones

without notice or hearing. What

the Supreme Court did hold is

-that the trial court did not now

have jurisdiction over the action

because a`decision of the Public

Utilities Commission in an unre-

lated 1948 case ordered that a

Telephone Company was immune

from damages so long as it acted

on a letter from a law enforce-

ment official and regardless of

the letter's accuracy.

ACLU's Concern

The ACLU's concern in this

ease arises from the fact that

every telephone in California, ac-

cording to the 1948 P.U.C. order,

may be instantly removed with-

out any liability on the part of

the utility or notice or chance

to present a defense to the sub-

seriber if the utility receives a

letter from a law enforcement

officer stating that the phones

are being used for an illegal pur-

pose or to sid and abet an illegal

purpose. The procedure in the

Sokol case shows that the Tele-

phone Company invariably acts

on such a letter and makes no

independent investigation of the

truth or substantiality of the

charges.

Constitutional Argument

In the superior court and in

the Supreme Court ACLU's coun-

sel Marshall Krause assisted by

volunteer counsel Leo Borregard

argued that this procedure allows

the taking of property (right to

have a telephone) without due

process of law and without com-

pensation for its loss. Superior

Court Judge Joseph Karesh

agreed with these contentions

and refused to apply the Tele-

-phone Company's proffered de-

fense. The Supreme Court did

not reach the _ constitutional

questions but merely held that

the Superior Court had no juris-

diction to fail to apply pertinent

PUC orders.

Rehearing Sought

Sokol now has pending a peti-

tion for rehearing in the high

court asking that that Court itself

rule on the constitutional issues

since it is under no jurisdictional

impediment comparable to that

of the Superior Court. If the

Court declines to do this the pe-

tition asks that its opinion be

modified so as to indicate in what

way Sokol can protect his consti-

tutional rights. Two of the Jus-

tices (Schauer and Peters) stated

that the issue "can be finally ad-

judicated" but did not say how.

Complaint With PUC .

The ACLU had also filed a com-

plaint with the PUC asking that

its 1948 decision be set aside

which may be what the Supreme

Court has in mind. The petition

also asks that the finality of the

Court's action be stayed pending

a hearing on the new PUC com-

plaint so that if it is successful

Sokol will still have an action to

procure compensation for his

loss.

Perpetuating Racial Segregation

Gr

Governor Edmund G. Brown last month urged Califor-

nia voters to boycott the initiative now being circulated

whose purpose is to nullify California's new Fair Housing

Law. He denounced the proposal `as dangerous and inflam-

matory.". It is sponsored by the California Real Estate

Association and other real estate

groups. In order to get the meas-

ure on the ballot, the sponsors

must file petitions bearing the

valid signatures of 468,259 regis-

tered voters.

Perpetuating Segregation

The proposal seeks to perpetu-

ate racial segregation in the hous-

ing field. It bars the Legislature

from enacting laws to limit the

right of any person to sell, lease

or rent his real property to any

person or persons as he chooses.

While it speaks in terms of free-

dom for property owners to rent,

lease or dispose of their property

it really seeks to ghettoize and

restrict the freedom of racial mi-

norities. It is a blatant attempt

of the majority 1o tyrannize over

the minority, Although the pro-

posal is of doubtful validity under

the Fourteenth Amendment to

the Federal Constitution, if it

gets on the ballot it is bound to

stir up serious racial strife in the

community. It is one of the most

Membership

Stands at

Record 5471

The ACLU of Northern Califor-

nia ended its fiscal year on Octo-

ber 31, 1963, with a net gain of

245 members. In making this

gain, the membership climbed to

a record 5471 paid up members

from 5226 a year ago. There are

also 208 separate subscribers to

the monthly "News,' compared

with 225 a year ago.

During the past three years,

the membership has jumped from

4576 to 5471, a gain of 795 mem-

bers. During this same period,

the names of 1779 members have

been added to our dead rolls-an

average of 593 members. Such

persons are lost to the ACLU be-

cause they move from the area,

fail to notify us of a change of

address, lose interest, resign, die,

etc. In other words, in order just

to stand still, almost 600 members

must be added each year. Every-

thing above that figure repre-

sents growth.

At the end of the fiscal year

there were also 519 names on

what the ACLUNC chooses to eall

its "dormant" list of members-

those whose membership lapsed

sometime during the past six

months (mostly in September and

October). Most of these members

will renew but it may take as

much as six months before they

do so.

-M. W. K.

Dr. Taylor's

Speech on

KPFA Dec. 9

Radio Station KPFA in Berke-

ley will broadcast Dr. Harold

Taylor's October 27 speech to

the 29th Annual Meeting of the

ACLUNC on Monday evening,

`December 9, at 7:15 o'clock. The

speech is entitled `Social Change

and Political Crisis.''

Ernest Besig's report on "The

State of the Union,' delivered at

the same meeting, will be broad-

cast by Station KPFA on Tues-

day evening, December 10, at

10 o'clock.

divisive proposals that has been

made in a long time.

The California Real Estate

Commission, all of whose mem-

bers belong to the Association,

have joined Governor Brown in

supporting the present Fair

Housing Law and in opposing

the initiative. Also, 45 members

of the California Real Estate

Board in the bay area recently

formed a group called California

Realtors for Fair Housing which

will oppose the initiative and

similar organizations are being

formed in Los Angeles, Palo Al-

to, Fresno and Modesto.

The growing campaign to boy-

cott the initiative has also se-

cured the unanimous support of

the Richmond City Council and of

the Palo Alto Fair Play Council.

The Board of Rabbis of Northern

California have condemned the

initiative as "a movement which

aims to entrench prejudice and

discrimination."

Spearhead of Opposition

Spearheading the boycott movea-

ment is the California Committee

for Fair Practices, headed by C.

L. Dellums and supported by hun-

dreds of civic, labor and religious

leaders. The group's northern

California office is located in the

Labor Temple, 2940-16th Street,

Room 212, San Francisco (MAr-

ket 1-7742). :

The Committee is convening a

state-wide Conference in Los An-

geles on December 14, 1963 at the

Wilshire Christian Church, 63%

So. Normandie, from 9:30 a.m. to

5:00 p.m. to plan strategy and a

program of action to oppose the

initiative, The group is urgently

in need of funds to carry on the

boycott campaign.

Arguments Against Initiative

The Bay Area Human Rela-

tions Committee has summed up

the arguments against putting the

initiative on the ballot as fol-

lows:

1. It will put the housing in-

dustry (and California) in the po-

sition of trying to ``turn the clock

back" in race relations and jus-

tice.

2. It will put the industry (and

California) in the position of not

affording the Rumford law a

fair trial.

3. The initiative campaign is

based on misinformation and mis-

conceptions about the law. The

Rumford law is not a "forced

housing" law in any way. It does-

n't force anyone to sell or rent te

minorities. The law doesn't force

anyone to abandon whatever fi-

nancial, cultural, educational or

personal criteria for buyers or

renters they want to set up-as

long as these criteria are applied

to all comers. It does not place

a special burden on _ property

owners; it does not violate prop-

erty rights or due process. The

Rumford law is not a "special

privilege"' law for minorities, and

it will not be disruptive in the

community. :

4. The initiative campaign will

subject California to a prolonged,

perhaps irremediable period of

inflamed interracial passions and

tensions. The professional racists

will come to the fore and pros-

per, as they always have done in

such a situation. Those who pre-

cipitate such a situation in Cali

fornia at this particular time ia

our history, must ponder their re.

sponsibility for ihe consequences.

_ 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

` Leo Borregard

Rev. Richard Byfield

Prof. James R. Caldwell

William K. Coblentz

Richard DeLancie

Rabbi Alvin I. Fine

Mrs. Zora Cheever Gross

Albert Haas, Jr.

Prof. Van D. Kennedy

Rey. Ford Lewis

Rey. F. Danford Lion

Homorary Treasurer:

Joseph S. Thompson

-Honorary Board Member

Sara Bard Field

Ars. Gladys Brown

Mrs. Paul Couture

John J. Eagan

Joseph Eichler

Morse Erskine

Dr. H. H. Fisher

Mrs. Margaret C. Hayes

Prof, Ernest Hilgard

Mrs. Paul Holmer

Mrs. Mary Hutchinson

Richard Johnston

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

Prof. Seaton W. Manning

John R. May

Prof. Charles Muscatine

Prof. Herbert L. Packe:

Clarence E. Rust

John Brisbin Rutherford

Mrs. Martin Steiner

Gregory S. Stout

Stephen Thiermann

Richard J. Werthimer

Donald Vial

GENERAL COUNSEL

Wayne M. Collins '

Roger Kent

Mis., Ruth Kingman

Prof. Theedere Kreps

Prof. Carlo Lastrucci

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

Rt. Rev. Sumner Walters

- dio

"liberty and justice for all'

The Youth Council of the Oakland branch of the NAACP

recently sought a boycott of the pledge of allegiance in six

Oakland high schools. Because of the lack of freedom for the

black man in this country, the Council asserted Negroes

should not make a public declaration about "one nation...

with liberty and justice for all."

Thereafter, the boycott was can-

celled.

Common Misunderstanding

In the meantime, one school

board member asserted that we

don't "have the right to select

those laws we will obey and those

we will ignore." The statement

reflected the general misunder-

standing about the pledge of al-

_Jegiance. The fact is that a board

may not establish a compulsory

flag salute and pledge of alle-

giance. without abridging the Con-

stitution.

Back in 1959 the State Board

of Education adopted the follow-

ing regulation: "There shall be a

daily pledge of allegiance to the

flag of the United States in each

public school, conducted in ac-

cordance with regulations which

shall be adopted by each govern-

ing board." There is nothing in

the regulation about students

being required to give the

pledge.

Problem An Old One

The problem, however, is not

a new one. In the past, it has

generally involved students who

are affiliated with Jehovah's

Witnesses, but, more recently,

children and teachers have ob-

jected to the "under God" clause

which was added a few years ago.

More recently, Negroes have ex-

pressed their objections to the

words "with liberty and justice

for all."

Twenty years ago, in the case

of West Virginia State Beard of

Education v. Barnette, 319 US.

624, the U.S. Supreme Court, in

a Jehovah's Witness case ruled

against the compulsory pledge.

While Jehovah's Witnesses take

the position that the pledge vio-

Jates their religious freedom in

the' they would be required to

bow down before a man-made

ACLU NEWS

DECEMBER, 1963

Page 2

image, the case was not decided

on the religious freedom issue.

Affirming A Belief

What the court did hold was

that no citizen may be compelled

publicly to affirm a belief. "If

there is any fixed star in our

constitutional constellation," said

Mr. Justice Jackson in the pre-

vailing opinion, "it is that no

official, high or petty can pre-

scribe what shall be orthodox in

politics, nationalism, religion, or

other matters of opinion or force

citizens to confess by word or act

their faith therein. ... We think

the action of the local authorities

in compelling the flag salute and

pledge transcends constitutional

limitations on their power and

invades the sphere of intellect

and spirit which it is the purpose

of the First Amendment to our

Constitution to reserve from all

official control."

Pledge Must Be Voluntary

. While, in accordance with the

State Board's regulation, local

boards must provide for a VOL-

UNTARY Pledge of Allegiance,

a COMPULSORY pledge is re-

pugnant to the Constitution and

cannot be enforced. Each indi-

vidual may decide for himself

~mhether he will join in the exer-

cise and no one may be penalized

for failing to do so.

@

Bill

6 5]

Of Rights Day

President John F. Kennedy

has proclaimed Sunday, Decem-

ber 15, 1963, as Bill of Rights

Day and has urged "`all citizens

te observe that day and to foster

maintemance and reinforcement

of the Bill of Rights, the bastion

of the freedom which is the core

of our national strength." It will

mark the 172nd anniversary of

the adoption of the first ten

amendments of the Constitution

ef the United States.

Protest FCC

Questionnaire

To Pacifica

The FCC has demanded that

the Board of Directors and Sta-

tion Managers of Pacifica

Foundation, operators of FM ra-

broadcasting stations in

Berkeley, Los Angeles and New

York, answer questionnaires as

to membership in the Communist

Party and groups advocating the

violent overthrow of the govern-

ment. If the latter question is

answered in the affirmative, the

organization must be listed to-

gether with the dates of member-

ship, and dates of membership

must also be provided if the first'

question is answered in the af-

firmative.

In requesting affidavits, the

FCC explained that questions

have been raised concerning pos-

sible Communist affiliation of

the leadership of Pacifica Foun-

dation, but who these accusers

are has not been indicated. Nev-

ertheless, as an aid in resolving

these questions, the Commission

has requested oaths of non-dis-

loyalty. A 30-day deadline was

fixed but was extended into De-

cember.

Questionnaire Discriminatory

This political disclaimer is dis-

criminatory since no other radio

station has been required to fur-

nish such information to the Com-

mission as a condition of securing

or renewing a broadcasting li-

cense. More important, the re-

quirement is repugnant to First

Amendment guarantees of politi-

cal freedom and, consequently,

has caused the ACLU of North-

ern California to protest to the

Commission.

In the meantime, Pacifica

Foundation is placed in a dilem-

ma. If the board gives in and

signs the affidavits it will lose

most of its employees and many

of its supporters. If it refuses

to sign, it faces extensive and

costly administrative hearings in

order to secure renewal of its

licenses, and, if the licenses are

denied, equally burdensome court

action.

Free Speech Forums

Anyone familiar with the oper-

ations of Pacifica Foundation

knows that its three stations pro-

vide forums where all sides may

be heard. The Foundation is be-

ing harassed because it is follow-

ing a free speech policy instead

of discriminating against unortho-

dox groups in the community.

Members of the ACLU are

urged to join the ACLU board in

protesting against the Commis-

sion's requirement. Such protests

can be sent to the Federal Com-

munications Commission, Wash-

ington, D. C. 20554. In sending

such protests, you will be defend-

ing your freedom to hear.

Customs Service

Releases Seized

American Books

The Customs Service recently

released several cartons of books

addressed to J. Ben Stark of

Berkeley, which had been seized

for possible violation of Section

305 of the Tariff Act, prohibiting

the importation of obscene ma-

terial.

These books, published in the

United States, had been shipped

abroad by Stark but were not de-

livered. When they were re-

turned, they were seized by

agents of the Customs Service in

San Francisco and finally re-

ferred to the Commissioner of

Customs in Washington for an

opinion, The ACLU intervened at

Stark's request when Washington

failed to act.

In releasing the books, George

K. Brokaw, Collector of Customs

in San Francisco, declared as

follows: "Although there appears

to be some question of the ob-

scenity of the books, we are

directed to release them to you

since they are American books

being returned."

Pamphlets and Books

For Sale by ACLU

The following books and pam-

phlets are available at the ACLU

office, 503 Market St., San Fran-

cisco 5, Calif., at the prices indi-

eated. Mail orders accepted if

accompanied by payment:

1. Academic Freedom and Aca-

demic Responsibility - A state-

ment of the principles concern-

ing the civil liberties of teachers

in public and private schools, col-

leges, and universities, published

by the ACLU. 16 pages. Price 10

cents.

2. Academic Freedom ane Civil

Liberties of Students in Colleges

and Universities - Published by

the ACLU in November, 1961. 15

pages. Price 10 cents.

3. Academie Due Process - A

statement of desirable proce-

dures applicable within educa-

tional institutions in cases in-

volving academic freedom. Pub-

lished by the American Civil

Liberties Union. 8 pages. Price

10 cents.

4. Religious Scheols and "Sec-

ular' Subjects An analysis of

the premises of Title II, Section

305 of the National Defense Edu-

eation Act, by George R. La

Nove of Yale University. Re-

printed from Harvard Educa-

tional Review, Summer 1962.

"Are the subjects of science,

mathematics and foreign lan-

guages truly `secular' subjects in

parochial schools as supporters

maintain?" 35 pages. Price 50

cents.

5. Religion and the Public

Schools, by Marvin Braiterman

-Published by the Commission

on Social Action of Reform Ju-

daism. 72 pages. Price, 35 cents.

6. Freedom of the Mind, by

Justice William O. Douglas -

Published by American Library

Association in cooperation with

the Public Affairs Committee,

Ine. Discusses the trend to con-

formity, mass communications,

the Bill of Rights, shackles on

thought, libel laws, freedom of

speech and communism, loyalty

oaths, legislative investigations,

freedom of speech, censorship

and challenging the status quo.

44 pages. Price 60 cents.

7. On Government and Prayer,

by Edmond Cahn. Reprinted

from the New York University

Law Review. 20 pages. Price 15c.

8. Grand Inquest, by Telford

Taylor - Ballantine Books, Inc.

This excellent book was first

published in 1955 and deals gen-

erally with congressional investi-

gations. Price, 75 cents.

9. Some Illustrations of the

Harms Done to Individuals by

the House Committee on Un-

American Activities-A mimeo-

graphed illustrative digest of the

harms suffered by persons called

to testify, named in hearings or

involved in other ways with

HUAC. Published by national

ACLU. Price, 25 cents.

10. The Un-Americans,

by Frank J. Donner-Published

by Ballantine Books, Inc. Pre-

sents in a popular manner the

committee's abuses over the

years. Price 60 cents.

J1. Operation Abolition: Some

Facts and Some Comments - A

comprehensive, objective, well-

written analysis of distortions in

the film, giving clear evidence

`of what actually happened at

S. F's City Hall in May, 1960.

Published by the National Coun-

cil of Churches. Price, 50 cents.

12. Why Should Congress

Abolish the House Un-American

Activities Committee? - Pub-

lished by the American Civil

Liberties Union, January, 1961.

4 pages. Price, 5 cents.

13. Obscenity and Censorship.

Two statements of the American

Civil Liberties Union. Published

March, 1963. Price 10c.

14. How Americans Pretest: A

Statement on the Civil Rights

Demonstrations. Published by

the ACLU. Price 15c.

15. The Bill of Rights and the

States, by Justice William J.

Brennan, Jr.- Published by the

Center for the Study of Demo-

eratie Institutions. 24 pages.

25 cents.

16. The Wiretapping Problem

Yeday-A report of the Ameri-

can Civil Liberties Union, pub-

lished March, 1962. 20 pages.

Price, 15 cents.

17. Foundations of Freedom in (c)

the American Constitution.--Edit- -

ed by Alfred H. Kelley. A guide

to understanding the nature of

our constitutional liberties. Har-

per and Brothers, publishers. Hard

cover. 299 pages. Price, $3.50.

18. The Supreme Court and

Civil Liberties, by Osmond K.

Fraenkel - 2nd edition, 1963,

published for the ACLU by

Oceana Publications. 189 pages.

Price $1.75.

19. A Program for Improving

Bill of Rights Teaching in High

Schools. The Report of the Wil-

liamstown Workshop. Disirib-

uted by: The National Assembly

on Teaching the Principles of the

Bill of Rights. 138 pages. Price

$1.65.

California has another beard

case besides the Gne in San Fran-

cisco. In Pasadena, the Board of

Education has ordered the dis-

missal of Paul Finot, teacher at

the John Muir. school, because of

his refusal to shave his beard. At-

torneys for the ACLU of South-

ern California have filed a friend

of the court brief in the Superior

Court and appropriately enough

one of them, A. L. Wirin, wears

a beard.

Security of the Person

The brief denounces the

pboard's action as "arbitrary, ca-

pricious and unreasonable, and -

hence violative of petitioner's

right to due process of law-' It

argues that what is involved in

the case is the fundamental right

to be left alone, or the security

of the person. "We submit," says

the brief, "that this security of

the person involves the right to

appear as one desires (cf. the

Quakers in the past). We urge

that the right of a man to wear

a beard is an attribute of a person

and of personality itself. We have

always been, and we pride our-

selves as being, a tolerant people.

This should, and does, extend to

the question of so personal a

question as to whether a man

may wear a beard."

Totalitarian Conformity

ACLU attorneys compared the |

conformity imposed by the board

in this case with that in totalitari-

an countries such as pre-war Ger.

many and Japan where students

wore the same uniforms, and in

Communist China today where

the people dress alike. "Indeed,

in a totalitarian society," said the

brief, "what one wears is one's

badge. We need not emulate that

here."

Not Beyond the Pale |

The ACLU brief also charges

that the wearing of a beard "is

not so far afield from popular ac-

ceptance as the action of the

school board would suggest (even

if it were, the board's action

would not be justified). It is true

that the wearing of a beard is

not usual, and is a matter of fash-

ion. This by no means means that

one who does wear a beard in the

tradition, by the way, of Charles

Evans Hughes, Abraham Lincoln,

Jonn Muir (the person after

whom the school at which peti-

tioner taught was named), to

mention but a few, is so far be-

yond the pale as to be disciplined

therefor."

I wish to speak first of some

familiar items in the American

national agenda which, when pur-

sued at sufficient length, will

bring us straight back to the con-

_ dition of man and the condition

of his freedom.

American education at present

is in a crisis deeper than it knows,

a erisis many of whose elements

are hidden by an intellectual and

moral lethargy within the culture.

These elements are obscured by

a driving national ambition for

the development of technological,

military, and economic power.

They are further obscured by an

Administration skilled in the arts

of public relations, devoted to

political engineering, ready to

compromise the clarity and moral

excitement of democratic prin-

ciple for the limited gains of op-

portune suecess. Other elements

of the crisis are overt and have

exposed themselves

form just recently.

Evidence of Neglect

For example, the education of

the Negro people has now re-

vealed itself as a national scandal,

and the evidence of years of

neglect is now exploding into

public consciousness. It is clear

that at least one-third of the en-

tire population of the United

States, black and white, is re-

ceiving a third-rate education,

suited to a poor and backward

society. We have now thousands

of: young men and women roam-

ing the slum streets of our big

cities uneducated, unemployed,

and unemployable. The favored

youth of the suburbs drift on a

tide of affluence to the twin port

. of status and security. The gen-

eral level of teaching in our col-

leges and universities is such that

the best students are bored with

it and the rest suffer from intel-

lectual malnutrition. Why should

this be the case?

National Attention Diverted

The answer goes deep into

questions having to do with the

state of America in the world.

This could be summed up by our

saying that national attention has

been diverted into matters which

have really nothing to do with

the development of our culture.

There is a lack of social criticism,

a lack of sustained, lusty, and

progressive reforms toe the body

of American society, a growth of

reactive mechanisms on the part

of politicians to the problems of

the society. -

Arithmetic of Problem

Certain sums of arithmetic may

reveal the present situation.

We had recently the announce-

ment that 5.1 billion dollars is to

_be spent on space research to get

a man to the moon and back, and

that it costs 64 million dollars for

a single space flight. We had re-

eently the news that in spite of

the fact that we have a test-ban

treaty, signed and ratified, we

have on hand 55 million dollars to

keep the Christmas Island and

Johnson Island testing sites in

shape, with 500 million dollars

in reserve in case we want to do

more testing. Yet, when we look

at the budget for education for

the arts, we find that we who are

citizens of the United States are

going to be privileged to raise

30 million dollars for our own

culture center in Washington,

that is if anybody wants it, and

that around two million dollars is

all we can afford for our entire

eultural program abroad. A seri-

ous imbalance is shown by this

arithmetic, especially when. we

learn that the major question otf

the billions we need for the im-

provement of the public school

system has not even been con-

sidered in the Congress and is not

likely to be, in the press of other

matters.

in radical -

By HAROLD TAYLOR

Excerpts from Address to American Civil Liberties Union Annual Meeting,

Sheraton Palace Hotel, San Francisco, October 27, 1963

Deeper Crisis

The contemporary crisis in ed-

ueation reflects a deeper crisis

and arises from the fact that we

have let the events of modern

life outrun our ability and our

concern to keep up with them.

We have had to wait until the

roof falls in before we notice the

rafters have been shaking. We

have had to wait until race riots

rock the South before we realize

the situation of the Negro is in-

tolerable. We have had to wait

until the brink of war before we

realized that the world will have

no safety until it is disarmed.

We have had to wait until the

Russians put a man into space

before we began to worry about

our educational system. We

simply accept the pollution of

the atmosphere by fallout as if

it were a patriotic gesture. We

pollute our streams, we ruin our

landscapes, we overcrowd our

cities, we develop cur slums, we

ereate huge cenires of ugliness

all in the name of technological

and economic progress. The fact

is that somehow we have man-

aged to get ourselves on the side

of people who kill Buddhists and

put college students in jail, and

that we now must justify signing

a test-ban treaty, not on the

grounds that it will save man-

kind and that it will help the

Russian people as well as the

American people, and everyone

else now alive on this globe, but

on the grounds that it will keep

us ahead of the Russians in nu-

clear weapons because we are a

-whiz at testing underground...

Places For New Ideas

It is, therefore, natural that

`the colleges and schools should

be places where new ideas for

the improvement of democracy

should grow, and that students, in

their search for political matur-

ity and democratic ideals should

engage themselves in efforts to

gain equality for the Negro, to

achieve a peaceful world order,

to protect civil liberties, to ad-

vance intellectual freedom, and

to gain a higher level of op-

portunity for the under-priv-

ileged. We must remember that

it was the integrity, dignity,

courage, and initiative of the

young Negroes in schools and

colleges of the South which, in

the sit-in strikes and freedom

rides, held before the country's

eyes an image of what must be

done to assure the freedom and

opportunity of all men and wom-

en in the United States. Our

schools and colleges are and must

be the breeding-ground for citi-

zens who understand the neces-

sity of intellectual and political

freedom, citizens who will fight

for their rights according to the

democratic principles which are

set down in our constitution.

Opposition To Political Tyranny

If it is natural for our students

to seek to advance human wel-

fare and democratic values, it is

also natural that those who wish

to destroy intellectual freedom,

who despise democratic values,

and who hold no respect for

democratic process should strike

at the colleges and schools in an

effort to undermine the demo-

eratic idea. Once the educators

and their students can be forced

into silence and inaction, the ma-

jor source of opposition to politi-

eal tyranny has been removed,

and the politics of unreason and

brute force can prevail. When

students can be arrested for

peaceful demonstrations on be-

half of their rights as citizens,

we can find no other language

to describe the society in which

they live than to say it is a police

state. There is a direct relation

between the attacks on Buddhists

in their pagodas by the South

Viet Nam Government and the

bombing of Negroes in their

churches by southern citizens, a

direct relation between jailing

political opponents in Africa and

Asia and jailing Negroes who

wish to vote and to be given their

full citizenship in the American

South. In each case, what is at

stake is the freedom of the indi-

vidual and his right:to think, to

act, and to live in a democratic

society.

Conservatives Defined

It is a mistake to refer to such

organizations as the Christian

Crusade and the John Birch so-

ciety as conservative movements.

A conservative is a man who re-

sists change on the grounds that

what replaces the status quo may

be worse than what presently

exists. He is a man who wishes

to conserve what he has, and who

opposes new trends which might

upset what he holds dear.

Anti-Demecrats

But the group of organizations

which are identified with the

American Right, now some 2,000

in number, dismiss the idea of

the brotherhood of man as "hog-

wash" and refer to anyone who

with them as Com-

unists and Communist sympa-

thizers, among whom they in-

clude Chief Justice Warren,

President Eisenhower, President

Truman, Dean Rusk, and Presi-

dent Kennedy. These are not or-

ganizations of conservatives.

These are totalitarians and anti-

democrats, out to destroy Ameri-

can freedom and replace it by

military and political repression.

Their concerns are not for the

preservation of democratic val-

ues. They are defined by their

hatreds, their fears, their anti-

intellectualism, their anti-democ-

racy. As Lionel Trilling once

pointed out, the actions of groups

such as these do not "express

themselves in ideas but only in

action or in irritable mental ges-

tures which seek to resemble

ideas."

Freedom Of Students

It is, therefore, our responsi-

bility as educators to do every-

thing in our power to protect the

freedom of our students, to resist

the encroachments of the totali-

tarians who would remove books

from our library shelves, dictate

the terms in which education is

to be carried on, and threaten

the very heart of the educational

enterprise by secret campaigns

to dismiss teachers whose views

are democratic ...

Principles of Demecracy

One of these days I would en-

joy reading a book on education

which simply started with the

idea that the way to save and

to strengthen the country is to

have everyone from kindergarten

_to the end of college, study the

creative arts and the principles

of democracy on the grounds that

theatre, dance, music, painting,

sculpture, poetry, philosophy and

democratic freedoms are more

important than anything else in

learning to understand life and

society. Therefore, these are the

things which should be central

to the curriculum. We would al-

low a little bit of science, math-

ematics, engineering, law, and

other things, and these could be

added as electives if there were

any time, since they are frills. If

you really want to make the

country strong and really want to

compete with the Russians, edu-

eate a new generation of poets

and artists, some of whom can

also handle the sciences. That

would scare the Russians to death

and take their minds off the

nuclear threat..

Poets, Writers and Critics

In faet, when we look at the

structure of a given society, to

take two societies at random

which are presently in the news,

ward Albee,

the United States and the Soviet

Union, we find that the most

powerful elements in these so-

cieties for shaping their future

are not the technologists, the

engineers, and the scientists, but

the poets, writers, and the critics.

In the Soviet Union; the inner

force toward freedom, which is

now loosening up the conception

of what a true Soviet Society

should be, is not to be found

among the scientists and tech-

nologists. They are going along

doing pretty much.what they are

told to do. The force is to be

found among the painters, poets,

and writers who now speak to

the people about individual truth,

who speak of human conscious-

ness and the need for it to ex-

pand, the need to breathe pure

air. Pasternak is the one to worry

about, or even Yevtushenko. Not

Gagarin, or Titov, or the other

astronauts.

A Forgotten Astronaut

Does anyone recall the name of

Valentino Tereshkova? Valentino

who? She is the lady astronaut

who flew to a happy rendezvous

in space with her soviet comrade,

thereby striking simultaneously

a blow for womanhood and

weightlessness. I have heard it

suggested among my friends and

colleagues that this country

should not take such an affront

to American women lying down,

but that we should immediately

put Elizabeth Taylor into orbit.

If it is true that the moral

force, the social dynamism and

the clearest images of life are fo

be found among the artists and

writers, we need to look at our

own society, where the arts are

not controlled by direct action of

political parties, to see where the

souree of the change can hb

found. :

Source of Change

Who creates the image of our-

selves which we then pursue?

What scientists? What technolo-

gists? The answer is, no scien-

tists, no technologists. The one

whe pointed out what we are

doing in polluting the environ-

ment by insecticides was Rachel

Carson. The one who showed us

what we are doing to ourselves

in the treatment of the Negro

was James Baldwin. The ones

who have shown us what our

lives have become are Arthur

Miller, Tennessee Williams, Ed-

David Riesman,

Erich Fromm, Ben Shahn, Jack-

son Pollock, Paul Tillich. These

are the men whose opinions can-

not be manipulated. They develop

the ideas which work within the

society at a level below con-

sciousness as well as above it.

Would it not be wise that we,

in this protean, vital, powerful,

extraordinary society should

once more pay attention to those

aspects of our lives which have

to do with the decision as to

what we shall become? Is it not

time we turn to the concern for

ideas, ideals, possibilities, imagin-

ings, truths, and destinies which

lie within the humane pursuits

of art and the imagination?

Inspiration of the Arts

For it is from the human imag-

ination that all the fruits of

life may grow, and our society

will continue to be half-educated,

half-trained, and half-hearted if

we do nothing in our educational

system to bring to our children

the inspiration of the arts.

An example comes to mind in

a recent incident in Rutherford,

New Jersey, where a company of

actors was denied the use of the

local auditorium to produce

Gide's The Immoralist. The Ruth-

erford Board of Education ruled

against the acting company after

hearing a Roman Catholic priest

tell it that "reereation should be

wholesome and uplifting, not de-

Dr. Joel Fort, El Cerrito psy-

chiatrist, who wes fired from his

civil service position as Director

of the Center for Treatment and

Education on Alcoholism for Ala-

meda County because he engaged

in volunteer political activity in

his home county, received the

formal support of the ACLU last

month with the filing of a brief

amicus curiae in the District

Court of Appeal. Fort won his

case in the Superior Court and

thus retains his employment but

Alameda County has taken an

appeal.

The brief was prepared with

the assistance of volunteer attor-

ney Arthur Brunwasser and asks

that the court declare the section

of the county charter forbidding

political activity of any sort by

civil service employees unconsti-

tutional as obnoxious to the guar-

antees of the First Amendment.

The brief shows that the Ala-

meda County prohibitions (which

go so far as to forbid any public

expression of political opinion)

are more severe than even the

Federal Hatch Act provisions

held valid in the controversial

decision of United Public Work-

ers v. Mitchell (1947).

The brief also asks that the

clear and present danger test be

applied since First Amendment

freedoms of speech and. associa-

tion are being resricted. The con-

clusion of the brief is that the

political sterilization of civil

servants in an era of vastly in-

ereased government employment

not only deprives them of influ-

ence in the democratic process

but deprives the public of the

right to hear views of persons

who have a great deal of inform-

ation about issues of political

concern. -M. W. K.

pressing and unsavory." It voted

-after hearing one of its mem-

bers say, "If the play's contro-

versial, 'm against it," and after

refusing to see the play in order

to make a determination about

its quality. Fortunately a Uni-

tarian minister volunteered the

facilities of his church in order

that the community might see

the play and experience such in-

sight as Gide could provide to

the citizens. Unless we have in

our schools and colleges those

lovers and critics of the creative

arts who can make sure that such

community decisions cannot be

made, we are not going to have

a viable culture.

Issues We Must Face

Where then are the serious

issues we must face if we are to

keep this country free and give

it the kind of moral and social

energy which can convert its re-

sources of freedom into creative

growth?

I suggest that we look at the

facts, and that we consider the

relation of those facts to the

needs our educational system

must fulfill. There is no doubt

that our need for scientists, engi-

neers, and technological experts

is very great. No major power

ean sustain either its economy or

its place in world affairs without

a strong and growing technologi-

eal force to man its industrial

establishment.

But we must do something

more than urging ourselves into

high school and college curricula

which emphasize the sciences

and technologies. Our latest

figures indicate that there are at

least a million youth between the

ages of 16 and 20 who are out of

school, out of work, and poten-

tially unemployable. Why?

Beeause they have not been

taught te do anything which

makes them employable, and be-

cause their society has found no

room for them except on the

streets.

ACLU NEWS

DECEMBER, 1963

Page 3

Twenty-ninth Anniversary Meeting

Harol

00 Members Hear Dr.

d Taylor Speak

"There is a direct relation between the attacks on

Buddhists in their pagodas by the South Viet Nam Govern-

~ment and the bombing of Negroes in their churches by

southern citizens, a direct relation between jailing political

opponents in Africa and Asia and jailing Negroes who wish

_to vote and to be given their full

citizenship in the American

South. In each case, what is at

stake is the freedom of the indi-

. vidual and his right to think, to

act, and to live in a democratic

society."

This was Harold Taylor speak-

ing on "Social Change and Po-

litical Crisis" at the ACLU's an-

nual meeting, October 27 at the

Sheraton-Palace Hotel. In this

observation you get only a

glimpse of the big, colorful can-

vas he drew to get at "the con-

dition of man and the condition

of his freedom."

Picture of Crisis

It was a picture of erisis-in

education, the national budgeting

of monies and human resources,

"the state of America in the

world'-all undermining

civil liberties and democratic

well-being. Not a pretty picture,

Dr. Taylor made it lively with

sharp strokes of his creative out-

look, his fresh view of the prob-

lems that are bugging the coun-

try and his refreshing ideas on

what we can do about it.

"It is clear,' he began, "that

at least one-third of the entire

population of the United States,

black and white, is receiving a

third-rate education, suited to a

poor and backward society." This

condition, with its "intellectual

malnutrition," Dr. Taylor traced

to the concentration of our na-

tional attention on "matters

which have really nothing to do

with the development of: our cul-

ture" and to "a lack of social

criticism, a lack of sustained,

`lusty, and progressive reforms to

`the body of American society .,

What Must Be Done

He reminded the responsive

audience of about 600 that it was

"the integrity, dignity, courage,

Meeting Favors

ACLU Chapter

For Berkeley

-About 150 Berkeley, Albany

and Kensington members met at

the Washington School audito-

rium in Berkeley on November

14 to discuss whether or not a

Berkeley Chapter of the

ACLUNC should be established.

There was lively discussion and

some sharp disagreement. At the

end, however, there was an over-

whelming vote for establishing a

chapter.

Consequently, a temporary

board of 19 persons was elected

to continue with organizational

plans. In the meantime, a ques-

tionnaire will be sent to the 1100

-members residing in the area to

determine whether at least 15

`per cent of the membership is

prepared actively to support a

chapter.

_ The temporary board will

tailor the Modele By-Laws to suit

local needs and submit them for

consideration by the member-

ship. It will also take preliminary

steps to secure the election of

a permanent board in accordance

with such By-Laws. If all of

these things work out satis-

factorily, the branch board will

have to decide whether the pe-

_titioning group "has given satis-

factory evidence of vitality, lead-

ership and devotion to the ob-

jectives and program of the

Union."

Prof. Charles Muscatine did an

outstanding job as chairman of

the meeting. Ernest Besig was

on hand to answer questions.

ACLU NEWS

DECEMBER, 1963

Page 4

our"

and initiative of the young Ne-

groes in schools and colleges of

the South which, in the sit-in

strikes and freedom rides, held

before the country's eyes an.im-

age of what must be done to as-

sure the freedom and opportu-

nity of all men and women in the

United States.' This he saw as

the "natural" outcome of schools

and colleges being `"`the breeding-

ground for citizens who under-

stand the necessity of intellec-

tual and political freedom, citi-

zens who will fight for their

rights according to the demo-

cratic principles which are set

down in our constitution."

Dr. Taylor's Proposals

Dr. Taylor's proposals to save

and strengthen the country were

to have everyone "from kinder-

garten to the end of college,

study the creative arts and the

principles of democracy on the

grounds that theatre, dance, mu-

sic, painting,

philosophy and democratic free-

doms are more important than

anything else in learning to un-

derstand life and society." Doc-

umenting with poetry and pun-

gent examples, he called for the

development of a generation of

artists, writers and critics "to

keep this country free and give it

the kind of moral and social en-

ergy which can convert its re-

sources of freedom into creative

growth."

Alarm Sounded By Besig

For the meeting executive

director Ernest Besig reviewed

the ACLU's work in northern

California over the past year. He

cited the Louis Hartman case, in

which the Government dropped

its contempt-of-Congress charges

this fall after five years of liti-

gation, for bearing "witness to

our continuing, strenuous oppo-

sition to violations of political

freedom by the House Committee

on Un-American Activities." He

reported several security cases on

the docket, noting the harm done

to individuals involved because

"the Government has failed to

give relief within a reasonable

time." He detailed a number of

victories for freedom of the press

against the attack of censors.

-And he alerted the audience to

an initiative move by real estate

`groups in the State that would

nullify the Rumford Fair Hous-

ing Act, the Hawkins Act and

the Unruh Act. to "turn the

clock back" and "to perpetuate

racial segregation."

Tribute To Dr. Meiklejohn

Chairing the annual meeting,

Howard A. Friedman, chairman

of the Board of Directors, paid

tribute to Dr. Alexander Meikle-

jonn, Board member and a found-

er of the ACLUNC, who was in

the audience; Helen Salz, another

founder and board member, and

Sara Bard Field Wood, honor-

ary board member, -J. H.

Officers and

Board of Diablo

Chapter Named

Last month, The Rev. Lester

Kinsolving, Episcopal minister in

Pittsburg and Clayton Valley,

was elected chairman of the new-

ly formed Mt. Diablo Chapter of

the American Civil Liberties Un-

ion of Northern California. Other

officers are Dr. Robert Suczek

and Charles R. Weidner, vice-

chairmen; George Nichols, secre-

tary, and Albert Bertani, treas-

urer.

The Board of Directors in-

sculpture, poetry,

Letters to the

Editor

"Sectarian Influence"

Editor: With respect to Black

Muslim speakers at the Univer-

sity of California, the November

ACLU News states: "Under the

University's charter, sectarian ac-

tivities are forbidden on the

campus."

That statement is too broad, I

believe. The California Constitu-

tion does provide that "The uni-

versity shall be entirely inde-

pendent of all political or sectari-

an influence and kept free there-

from in the appointment of its

regents and in the administration

of its affairs ..." (Emphasis

added.)

There are various kinds of po-

litical and sectarian activities

which, within the meaning of that

clause, do not "influence" either

the appointment of regents or the

administration of the affairs of

the University.

Frank G. Newman, Dean,

School of Law, University

of California, Berkeley.

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Annual Prizes

Editor: In my last letter pub-

lished in the October issue of the

ACLU-News I pointed out what

areas I felt the ACLU might shy

away from. May I be permitted to

express my views as to the pos-

sible positive areas our organiza-

tion could endeavor to enter in

the years to come.

With reactionary, anti -demo-

cratic forces gathering strength

all around us, the role of the

ACLU becomes more important

each day.

We need not limit ourselves

bringing the issues to the aware-

ness of our own membership only

but should make a serious effort

to get our message to the general

public. It is one thing for the

ACLU to play the role of a legal-

aid society for victims and targets

of anti-democratic forces but it is

equally important to bring the

issues clearly before the general

public.

The best way to break into the

mass medias - press, radio and

TV, is by breaking into the news

with positive, prestige-lending ac-

tivities.

Our Board of Directors could

award three annual prizes to out-

standing people who have stood

up effectively against those who

want to destroy traditional civil

liberties. Personalities help dram-

atizing constitutional issues which

are often too remote and compli-

cated to be understood by people -

who easily forget what they have

or should have learned in their

civics studies.

Such awards need not be mone-

tary but could be merely a plaque

or a certificate-scroll. But the

ceremonial, not unlike the annual

filmland "Oscar" awards could

take place in an elegant, respec-

table atmosphere, perhaps at a

donor's dinner. An eloquent

speaker could sum up the current

situation and a prominent lawyer

or educator could make the

awards-our much admired direc-

tor Dr. Ernest Besig is probably

more qualified than anyone to

perform these duties.

Youth could be given similar

prizes, perhaps scholarships for

outstanding essays on the subject

of civil liberties.

People respond favorably to

such positive and prestige-build-

ing events. Our recent newspaper

breaks have often been rather

negative or defensive which puts

the ACLU in an unfavorable posi-

tion.

Let's make a concerted effort

to break into the news with the

dignity and respect our highly

worthwhile organization so well

deserves. Walter Gerstel

cludes the officers as well as the

following persons: Robert Birn-

baum, Clair Calhoon, Jerome Don-

chin, Neil Falconer, Orville Hill,

the Rev. Aaron Gilmartin, Jean

Jonas, Murray McNeil, Jr., Dr.

Harvey Powelson, Mary E. Reuss-

wig, Don M. Sanford, Joan Strom-

berg, Harry Stylos, James R. Utz

and Richard-Worthen,

Score Wiretapping for

intelligence Purposes

The American Civil Liberties Union last month scored

governmental use of wiretapping and mail censorship for

intelligence and security purposes. The civil liberties organi-

zation condemned such practices as a "blatant invasion of

personal privacy which no agency of a democratic govern-

ment should employ."

The ACLU. statement noted

the admission by State Depart-

ment officials to the Senate In-

ternal Security Subcommittee

that they had bugged the tele-

phone of Otto F. Opteka, the De-

partment's chief security evalua-

tions officer, and the recent con-

troversy in West Germany over

the United States Army's tapping

of phones and screening of pri-

vate mail between West Ger-

many and Cuba.

Admissions Made

Opteka is appealing within the

State Department his dismissal

on charges of having given con-

fidential documents to the Senate

Subcommittee and of having en-

couraged it pehind-the-scenes `to

ask embarrassing questions of his

superiors. John F. Reilly, Deputy

`Assistant Secretary for Security,

his special assistant, David I.

Belisle, and Elmer D. Hill, Chief

of the Division of Technical

Services, denied last summer in

testimony before the Subcommit-

tee that they had tapped Op-

teka's telephone in their search

for evidence against him. Reilly

and Hill on. November 6, in let-

ters to the Subcommittee, re-

vised their earlier denial of elec-

tronic eavesdropping to admit

that a device had been placed on

Opteka's telephone to record all

conversations in his office. The

officials said that because.. of

electrical interference they dis-

covered in a test of the system

that only telephone conversa-

tions could be heard. Because of

this and the obtaining of in-

criminating evidence against Op-

teka in his trash basket, the re-

cording device was removed.

illegal Search

"Regardless of the Depart-

ment's assurance that the system

was never actually used, we are

shocked that an eavesdropping

device was ever contemplated

and tested," the ACLU said, add-

ing: "the Fourth Amendment's

prohibition against illegal search

and seizures clearly bars govern-

mental invasion of personal com-

munications of citizens, even in a

governmental inquiry of one of

its employees.

Dragnet Method

"The evil of electronic eaves-

dropping is its dragnet nature,

that it records for the tapper's

ears not selected statements but

every conversation of the indi-

vidual under surveillance, even

the most intimate and revealing.

No matter how strict rules are

against the use of government

phones for private matters, the

realities of modern life are that

wives and children cannot help

but communicate with husbands

and fathers about family affairs

during the working day through

the telephone. Although govern-

mental officials have denied

listening in on Mr. Opteka's con-

versations, the fact is that the

device was in operating condition

for 48 hours and the government

may have been privy to such con-

versations.

Personal Privacy

"It has no business invading

personal privacy in this manner.

The fact that other measures

were found to carry out the De-

partment's inquiry makes clear

that other methods are available

for intelligence purposes, and

there is no reason for govern-

mental use of unconstitutional

procedures,

"But our concern goes past the

Opteka case, for we note both in

the testimony of Mr. Reilly and

Mr. Belisle statements that secret

`methods of recording conversa-

tions are used by government

agencies. We strongly urge the

Department to review this be-

havior and to eliminate any ves-

tige of electronic invasion of in-

dividual thought and expression."

Wiretapping In Germany

The ACLU's statement also

criticizes -the government's in-

volvement; along with England

and France, in wiretapping and

mail censorship in West Ger-

many. A split developed recently

in the West German government

over its Internal Security Agen-

cy's use. of Allied intelligence

services to engage in such prac-

tices. Wiretapping and tamper-

ing with mail are forbidden by

the West German Constitution,

but under the terms of the

treaties granting West Germany

her sovereignty, the U. S., Britain

and France retain the right to do

so for intelligence purposes.

Twenty-three cases of wiretap-

ping purportedly have taken

place this year already. The news

magazine, Der Spiegel, published

in Bonn, reported that the U. S.

Army is screening personal mail

between West Germany and Cu-

ba. It said the total volume of

West German mail to Cuba an-

nually is 160,000 letters and post-

cards.

Grant Cledrance

In Security Case

Continued from Page [-

cluded last April 19 and there

has not yet been any tentative

decision. The delay is still worse

in a third case in which the in-

dividual's security clearance was

lifted on October 12, 1962. He

has not yet received a Statement

of Reasons and last July his

company finally fired him be-

cause he was of no use to them.

Even if he got a Statement of

Reasons tomorrow it would be

another year before the matter

could be finally disposed of.

The first right of a citizen

Is the right

To be responsible.

JOIN TODAY.

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