vol. 31, no. 12

American

Civil Liberties

Union

=: Volume Od

SAN FRANCISCO, DECEMBER, 1966

Belshaw Suspension Illegal

Free S;

eech

Victory For

The District Court of Appeal

has affirmed the decision of Ala-

meda County Superior Court

Judge Lyle E, Cook that Berkeley

fireman Claude Belshaw was il-

legally suspended for 30 days

from the position which he had

held for 19 years with the Berke-

ley Fire Depariment. This will

mean that Belshaw will collect

his salary for that month plus

7% interest and all notation of

the suspension will be expunged

from his record, The District

Court of Appeal, in an opinion by

Judge Salsman concurred in by

Justices Draper and Devine,

ruled that the City of Berkeley

had attempted to abridge Bel-

shaw's constitutional rights un-

der the ist and 14th Amend-

ments by suspending him for

publishing a letter in the "Open

Forum" section of the Berkeley

Gazette criticizing certain Berke-

ley officials for breaking the par-

ity between pay of policemen

and firemen by granting police-

men greater salaries. Belshaw

has been represented throughout

the proceedings, which included

a long hearing before the Berke-

ruppet Show

Arrest on

ae

Haight Street

Last Halloween Eve, five young

men wished to present a puppet

show on San Francisco's Haight

Street for the edification of pass-

ing celebrants, They had set

up their show and were proceed-

ing with their entertainment

when the San Francisco police

arrived on the scene. The police

first did not interfere with the

performance, which was on the

sidewalk, was not blocking any

street traffic and, so far as can

be determined, was not blocking

those persons who wished to

proceed on the sidewalk without

"watching the show. However, the

five men soon found themselves

under arrest for violation of

Penal Code sec. 370, creating a

public nuisance. Along with the

five arrestees, the police took

into custody two 8-feet tall pup-

pets, who had a cell to them-

selves at the Park Street station.

Trial Noyember 28

The case will come to trial in

municipal court on November

28 where the five men will be

represented by volunteer attor-

ney and branch board member

Richard Wertheimer and

ACLUNC assistant staff counsel

Paul Halvonik. The theory of

the case will be that there is an

historic right to public expres-

Sion on the streets which should

include puppet shows as well

as street corner evangelists and

political speakers. In addition,

part of the content of the puppet

show was a satirization of police

practices in the Haight-Ashbury

district, some of which are dis-

cussed elsewhere in this edition

of the News. It would seem that

the suppression of such street

entertainments, especially on

Halloween Eve, could only be

aseribed to dislike of the un-

conventional and a desire to

break up a community feeling in

the Haight-Ashbury district.

Berk. Fireman _

ley Personnel Board and a trial

in the Superior Court as well as

the appeal, by attorneys for the

ACLUNC, Marshall W. Krause,

staff counsel and Professor Al-

bert M. Bendich, former staff

counsel.

No Surrender of Rights

The opinion of the District

Court of Appeal is another

strong weight on the side of.the

battle to gain full and equal con-

stitutional rights for govern-

ment employees and against the

dangerous concept which had

been accepted until a few years

ago that when a man becomes an

employee of the government he

surrenders his right to freedom

of speech and association. The

Berkeley personnel rules under

which Belshaw was disciplined

were found unconstitutionally

vague and overbroad by the trial

court. They required employees

to "conduct themselves in such a

manner as to reflect no discred-

it on the City of Berkeley" and

to "refrain from adverse criti-

cism concerning the actions of

any superiors" and to refrain

from "publicly expressing disap-

' proval of the pslicies and prac-

tices of the Department." The

- opinion of the District Court of

Appeal stated: "We have con-

cluded that it would be an un-

constitutional deprivation of

freedom of speech to apply the"

cited rules to respondent on the

facts in the record before us."

The Yardstick

The opinion of the District

Court of Appeal continued: "The

right to free speech and the priv-

ilege of public employment are

not incompatible, nor are they

mutally exclusive. The accept-

ance of public employment does

not demand abardonment of con-

stitutionally protected rights.

With respect to the constitution-

al right of free speech, the rule

is, and should be, that a public

employee may speak freely, as

long as he does not impair the

administration of the public serv-

ice in which he is engaged." In

support of its conclusion the.

court cited two cases in which

-Continued on Page 4

Marin Meeting

Hears Halvonik

Krause Jan. 22

The Marin County Chapter of

the ACLUNC will hold its annual

meeting Sunday, January 22 at

8 p.m. in the Supervisor's Cham-

bers, Civic Center, San Rafael.

Paul Halvonik, ACLUNC's new

legislative representative, and

Marshall W. Krause, ACLUNC's

staff counsel, ace both scheduled

to speak. Their respective sub-

jects are "ACLU in the Legis-

lature' and "ACLU in the

Courts." :

A Board of Directors for 1967

will also be elected at the meet-

ing. A Nominating Committee

list of 30 nominees will shortly

be mailedsto the Marin member-

ship for their information. Ad-

ditional nominations may be

made on the petition of any five

members or from the floor on

the night of the meeting.

Number 12

Postal Workers

May Wear

Peace Buttons

The Regional Office of the

Post Office Department reversed

a ruling of its San Francisco

Post Office and permitted the

wearing of peace buttons, the

inverted "Y." The local office had

misinterpreted a Post Office

regulation. providing that "Em-

`ployees may wear a_ political

badge or button or display politi-

cal stickers on their private auto-

mobiles (except where forbidden

- by local ordinance). However, an

employee shall not make a par-

tisan display of any kind, while

on duty conducting public busi-

ness." Obviously, a peace button

ig not "a partisan display."

Recently, some 30 postal em-

ployees at Rincon Annex Post

Office were told by their super-

visors either to take off the but-

ton or to go home. The matter

came to a head when one staunch

supporter of freedom refused to

remove the button and his case

was taken to the Regional Office.

Just prior to the Regional Office

ruling a postal employee had

turned to the ACLU for help.

Secret Service Activity

"The Love Book0x2122

i (c)

ot

olice

Following a path well-worn by their past mistakes, the

San Francisco Police Department has again attempted te

erack down on freedom of artistic expression in San Fran-

cisco. The latest maneuver in the series made up of the un-

successful prosecutions of Allen Ginsberg's poem "Howl,"

Lennie Bruce's nightclub mono-

logue, and the Vorpal Galleries

exhibit of Ron Boise's Kama

Sutra sculptures, is the arrest of

three men charged with offering

for sale a slim volume of erotic

poetry by San Francisco poet

Lenore Kandel. Allen Cohen, a

clerk at the Psychadelic Book

Shop on Haight Street, was ar-

rested on November 15, Jay

Thelin, one of the co-owners of

the Psychedelic Book Store, was

arrested at Cohen's arraignment

on November 16 (strangely

enough, the other co-owner of

the Psychedelic Book Shop has

not been arrested), and Ronald

Muszalski, a clerk at the City

Lights Book Store on Columbus

Avenue, was arrested on Novem-

ber 17; all were charged with a

violation of sec. 311.2 of the

Penal Code for selling two of

Miss Kandel's poems bound to-

gether and named "The Love

Book."

Dissenter On Vietnam

Placed Under Surveillance

`The ACLU protested last month against a young man

being placed under surveillance by the Federal Secret Serv-

ice because he wrete an obscene poem attacking

:

President

Lyndon Johnson's Vietnam policies. The poem appeared in

an off-campus student paper in San Jose last January. Con-

gressman Charles Gubser de-

seribed the poem in the March

16, 1966 Congressional Record as

"a savage attack on President

Johnson, in gutter language,

built around an allegorical act

of sex perversion in Vietnam."

The student became fair game

for Mr. Gubser since he was

hired under the antipoverty

work study program as a ward

aide at the county hospital, "It is

disgusting, and it is shocking,'

said Mr. Gubser, "that a person

who would write such perverted

poetry defaming the President of

the United States should be al-

lowed to earn taxpayers' money

in the war on poverty program."

In his speech in the Congress Mr.

Gubser declared that the `"com-

munity action program" cannot

succeed "if it becomes a haven

for known leftists, beatniks, and

writers of obscene and_ sick

poetry and prose that denounces

much which is basic to Ameri-

canism."

Interviewed on the Job

In consequence of Mr. Gub-

ser's speech, a story about the

student was carried in the March

17, 1966 San Jose News under

the title, "Hiring of `Dirty Word'

Poet Hit." Then, Robert Andrew,

a Secret Service Agent, and an-

other agent visited the student

at his job at the hospital. The

head of the Psychiatric Division

was present during the interview

at the student's request.

Long Questioning

The student was questioned as

to his feelings toward the Presi-

dent in a 45-minute interview.

They wanted to know what kind

of a typewriter he owned, wheth-

er he owned a gun, whether he

had any explotives, etc, and

particularly for a list of his

friends. When they lost track

of him after a time they visited

his mother to determine his

whereabouts, Apparently, neigh-

bors and friends have been ques-

tioned about him.

The ACLU discussed the mat-

ter with Tom H. Hanson, Agent

in Charge of the Secret Service in

this region, and he stated they

had received instructions from

their Washington office to keep

the student under surveillance

and to know where he is at all

times. The ACLU will next carry

its protests to James J. Rowley,

Director of the Secret Service.

Right of Dissent

The right of political dissent is

not limited to courteous language

and a citizen should not be placed

under surveillance at taxpayers'

expense and subjected to harass-

ment because he doesn't like

what we are doing in Vietnam

and says so in very strong and

obscene language. Certainly, the

life of the President should be

protected, but there should be

no Secret Service protection

against political dissent.

Police Harassment

The arrest of Cohen at the

Psychedelic Book Shop coincides

with a general pattern of police

. harassment now being used in

the Haight-Ashbury district in an

attempt to drive out its bohem-

jan residents mm the same way

that San Francisco's upper Grant

Avenue community of bohemians

was broken up several years ago.

However, this issue will not.

enter into the trial of "The Love

Book" as it will not be hard te

defend the poems on the basis

that they are not obscene.

arrest at the City Lights Book

Store two days later was prob-

ably done for purposes of con-

sistency as the poems were being

sold only in these two outlets in

San Francisco. There have been

no arrests at bookstores in

Berkeley and in Marin County

which quickly sold all available

copies of "The Love Book" and

are anxiously awaiting a new

printing which is now on the

presses.

Obscenity Squad

The arrests in question were

made by officers Maloney and

Weiner of the San Francisco Po-

lice Department who, several

days after the arrests, gave inter:

"views to the San Francisco press

in which they stated authorita-

tively that the poems were noth-

ing but hard core pornogravhy

utterly without redeeming social

importance. This blatant attempt

by the "special obscenity squad"

to influence public opinion

against the poems is precisely

the kind of conduct which the

U.S. Supreme Court condemned

in reversing the murder convic-

tion of Dr. Samuel Sheppard.

ACLU Defense

The ACLU will defend the

three men accused of the crimes

and staff counsel Marshall W.

Krause and volunteer Bill Chou-

los have already filed four mo-

tions with the Municipal Court

in an effort to get the matter

settled before trial, Municipal

Court Judge Joseph Kennedy

has indicated that in a matter of

such importance a_ three-judge

panel would seem to be desirable

to hear the motions and this pro-.

cedure wil] probably be followed.

Return of Books

The first of the motions de

`mands return of all items il-

legally seized by the Police De.

partment in connection with the

arrests and suppression of their

use in evidence against the de-

-Continued on Page 4

all-day conference on

a teacher.

Sonoma ACLU Sponsors

Dec. 10 Conference on

Teacher-Student Freedom

Together with Sonoma State College and Santa Rosa Junior }

College, the Sonoma County Council, ACLU, is sponsoring an- 0x00A7

"Academic Freedom:

Teachers and Students." It will be held Saturday, December

10, at Santa Rosa Junior College.

Open to the public, but limited to 100, the conference will

take place between 9 a.m. and 4 p.m. Conference fee, including

lunch, is $3.75 for adults, $2.75 for students.

Two members of the Branch Board of Directors of

ACLUNC will be featured in the morning session: Mr. Robert

O'Neil, professor of law, U.C. Berkeley, and Mr. John Edwards,

professor of English, San Francisco State College. The after-

noon session will consist of a panel discussion between a high

school principal, a teacher, a student, a college president, and

All ACLU members in Sonoma County are urged to attend.

the Rights of

he

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern Califernia

Second Class Mail privileges authorized at San Francisco, California

ERNEST BESIG .. . Editor

503 Market Street, San Francisco, California 94105, EXbrock 2-4692

Subscription Rates -- Two Dollars a Year

Twenty Cents Per Copy

p 151

Ralph B. Atkinson.

Dr. Alfred Azevedo

Mrs. Judith Baldersten

Albert M. Bendich

Leo Borregard

Albert Culhane

Mrs. Natalie Dukes

Prof. John Edwards

Howard A. Friedman

Robert Greensfelder

Rey. Aron S. Gilmartin

Eyelio Grillo

Mrs. Zora Cheever Gross

Albert Haas, Jr.

Francis Heisler

Neil F. Herton

Howard H. Jewel

Honorary Treasurer:

Joseph S. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture 2

Mrs. Margaret C. Hayes

Prof. Carlo Lastrucci

John J. Eagan

Jeseph Eichler

Dr. H. H. Fisher

Prof. Ernest Hilgard

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Prof. Van D. Kennedy

VICE-CHAIRMEN: Rabbi Alvin |. Fine

: : t Helen Salz

SEC`Y-TREAS.: John R. May

EXECUTIVE DIRECTOR: Ernest Besig

GENERAL COUNSEL: Wayne M. Collins

STAFF COUNSEL: Marshall W. Krause

ASST. STAFF COUNSEL and LEGIS, REP.: Paul Halvonik

ADMINISTRATIVE ASSISTANT: Mrs. Pamela S. Ford

CHAPTER DIRECTOR: Mrs. Marcia D. Lang

Committee of Sponsors

_ Mes. Paul Holmer

Mrs. Mary Hutchinson

Morse Erskine

Prof, Wilson Record

Dean Robert A. Keller

Prof. David Levin

Gerald D. Marcus

Ephraim Margolin

Prof. John Henry Merryman

Robert L. Nolan, M.D.

Prof. Robert M. O'Neil

Frederick S$. Reeinheimer

Clarence E. Rust

Jchn Brisbin Rutherford

Mrs. Alec Skolnick

Stanley D. Sevens

Stephen Thiermann

Cecil Thomas

Donald Vial

Richard J. Werthimer

Dr. Marvin J. Naman

Mrs. Theodosia Stewart

Rt. Rev. Sumner Walters

Richard Johnston

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Rey. Robert W. Moon

Dr. Norman Reider

Prof. Wallace Stegner ~

Prof Hubert Phillips

Norman Lezin

ACLU

hts fc

wr Co. Vets

e g ge E

Service Officer's Job

| Last menth ACLU attorneys filed suit in San Joaquin

Superior Court on behalf of William C. Madden to obtain his

reinstatement to the appointive post of County Veterans

Service Officer which he held until the Board of Supervisors

of San Joaquin County fired him on July 26, 1966. The suit,

in the form of a petition for writ

of mandate, states that the sole

reason Mr. Madden was fired

from his position was because he

had claimed his privilege against

self-incrimination in declining to

testify in a prosecution against

his son for theft. The criminal

charges against his son were lat-

er dismissed, but Mr. Madden

was penalized for not waiving

his constitutional rights by the

loss of his job.

| `Fair Preeedure

In addition to this punishment

for the exercise of a constitution-

al privilege, the petition also al-

teges that Mr. Madden was fired

without any forma] notice, op-

portunity to know the charges

against him, confront witnesses

against him, or have a hearing on

any charges.

i ACLU Position

Although uc answer has yet

been filed by the County of San

Joaquin, it evicently takes the

position that Mr. Madden serves

at the pleasure of the Board of

Supervisors 9nd that he can be

dismissed for any reason which

pleases the Board and without

any semblance oi a hearing. The

ACLU has long taken the posi-

tion that no government em-

ployee my be penalized for the

exercise of his constitutional

rights unless, at the least, there

js a showing by competent evi-

ence at an adversary hearing

that the emp/oyee's conduct ac-

tually disrupted his service as a

publie official, The ACLU has

alse leng taken the position that

no adverse inference may be

@rawn from the exercise of one's

right not to be a witness against

one's self. In the case of Mr.

Madden, there was no possible

connection between his private

eenduct in the triaj] of his son

and his public function. |

Volunteer Counsel

The case is being handled by -

_ ACLU NEWS

DECEMBER, 1966

Paqe 2

volunteer attorneys Ruth F.

Rathke and Donald F. Rector of

Walnut Creek; California, with

the aid of staff counsel Marshall

W. Krause. :

Fremont H.S. Ban

On Lapel Buttons

Removed

Following ACLU intervention,

the Fremont Unified Schoo] Dis-

trict last month removed its ban

on the wearing of lapel buttons

by students so long as they are

not obscene or libellous and do

not interfere with the education-

al process, The action was taken

by Tom Maloney, Associate Su-

perintendent of Schools in con-

sultation with Tom Firby, Ala-

meda County Deputy District At-

torney.

Black Panther Butten

The issue arose over the wear-

ing of a Black Panther party but-

ton by a 16-year-cld boy at Wash-

ington High School. The princi-

pal required tne boy to remove

the button or face suspension.

The School District's concilia-

tory attitude has been influenced

by a decision of the U.S. Court

of Appeals for the Fifth Circuit

last July 21. In that case, the

Court reversed the refusal of a

District Court in Mississippi to

grant a preliminary injunction

enjoining the officials of the

Booker T. Washington High

School in Philadelphia, Miss.,

from disciplining students for

wearing "freedom buttons" on

the school premises. "The but-

tons were circular, approximate-

ly 142 inches in diameter, con-

taining the wording "One Man

One Vote" around the perimeter

with "SNCC" inscribed in the

center."

Court Ruling

Said the Court, "The regula-

tion which is before us now pro-

hibits the wearing of `freedom

buttons' on school property. The

Mit. Diablo

Chapier

Reorganizes

Mt. Diablo Chapter members,

meeting on the 17th of Novem-

ber at the Orinda home of Dr.

' and Mrs. Jack Lewis, elected an

interim Board of Directors with

terms to run until the next regu-

lar annual meeting in May, 1967.

The 1965-66 Board had made two

unsuccessful attempts in May

and October of this year to hold

the required annua] member-

ship meeting and the election of

new Board members, failing of a

quorum on both occasions.

New Board

The newly eiected Board in-

cludes Harry Lohstroh, attorney

practicing in Walnut Creek, who

will act as Chairman, with Clair

Calhoon of Lafayette as his ad-

ministrative officer, George

Nichols of Martinez as Vice-

Chairman, James Utz of Lafay-

ette as Secretary, and Albert

Bertani of Walnut Creek as

Treasurer. Key committee ap-

pointments were made, with Dr.

Jack Lewis as Membership

Chairman and representative to

the ACLUNC Membership Com-

mittee, James Hammill of Pleas-

ant Hill as Legislative Action

Chairman, James Utz as Watch-

dog and Community Action

Chairman.

Branch Committee Reps.

Mrs. Betty Wagner will con-

tinue to serve as the Chapter's

member of the ACLUNC Legis-

lative Committee, while Richard

_ Patsey, attorney with the Consti-

tution Commission of the State

of Calif., who was formerly very

active with the Berkeley-Albany

Chapter, will act as the Chapter's

observer to the ACLUNC Board

and as member of the ACLUNC

Chapter Committee.

Other Board members are Mrs.

Marilyn Pennebaker, Bern Jacob-

sen, Charles Weidner, John

Stevens, Joan Stromberg, Wil-

liam Dickinson.

Board Program

The new Chapter Board plans

an intensive effort to enlist the

active support of the member-

ship in Contra Costa County in a

broad educational legislative and

development program during the

coming months. Several com-

mittees will meet during Decem-

ber to plan their activities and

the Board will meet in January

at the Charles Weidner home,

41 Viking Drive, Pleasant Hill.

All interested members living

in the Mt. Diablo Chapter area

are encouraged to attend.

Chairman Harry Lohstroh es-

pecially requests members who

have not already done so to mail

in the questionnaires they re-

ceived in the mail prior to the

November meeting, checking the

activities they wish to participate

in.

record indicates only a showing

of mild curiosity on the part of

the other school children over

the presence of some 30 or 40

children wearing such insignia.

Even the principal testified that

the children were expelled

not for causing a commotion or

disrupting classes but for violat-

ing the schooi regulation. Thus

it appears that the presence of

`freedom buttons' did not ham-

per the school in carrying on its:

regular scheduie of activities nor

would it seem likely that the

simple wearing of buttons unac-

companied by improper conduct

would ever do so. Wearing but-

tons on collars or shirt fronts is

certainly not in the class of those

activities which inherently dis-

tract students and break down

the regimeniat:on of the class-

reom such as carrying banners,

scattering leaflets, and speech-

making, all of which are pro-

tected methods of expression,

but all of which have no place

in an orderly classroom. If the

decorum had veen so disturbed

by the presence of the `freedom

buttons,' the principal would

Interim Plan

Last month, eight of the ten ACLUNC chapter areas each

elected a member to the branch Board of Directors for a

term expiring next October 31. Next spring the board will

re-evaluate the entire plan of chapter area representation

and make some final decisions. In the meantime, the board's

membership has been raised

from a maximum of 30 to 38.

The Mt. Diablo Chapter did not

choose to elect a board member

from its area, while the Fresno (c)

Chapter was established too late

to participate in the plan.

The eight new board members

are as follows:

Steckton Area

Albert Culhane, Stockton Chap-

ter area. Mr. Culhane is a past

chairman of the Stockton Chap-

ter, a former school teacher and

principal, currently a teacher at

the San Joaquin Delta College,

and a member of the Board of

Trustees of the Lincoln School

District. He is an insurance brok-

er and agent, and has been active

in numerous civic and political

affairs.

Mrs. Natalie Dukes, Sacramen-

to Valley Chapter area. Mrs.

Dukes, a resident of Davis, served

on the Sacramento Valley Chap-

ter board of the ACLUNC from

1960-1964, and on its Executive

Committee. She is a former

chairman of the Yolo County

Democratic Central Committee

and a member of the California

Democratic State Central Com-

mittee.

Marin County

Robert Greensfelder, Marin

County Chapter area. Mr. Greens-

felder is a member of the Marin

Chapter board and has recently

Marin Chapter

Active Against

Proposition 16

ACLUNC's Marin Chapter

campaigned against Proposition

16 by distributing 5,000 leaflets

and 200 bumper strips through

bookstores, the Mill Valley bus

depot, unions, clubs and door-

to-door by presenting to and se-

curing unanimous adoption of a

resolution in spposition by the

County Board vf Supervisors; by

creating and placing an exhibit

in a store window showing that

passage of the Proposition would

sterilize the Bible and Shakes-

peare and by stimulating radio

station KTIM to conduct a panel

discussion with speakers for and

against.

have been acting within his au-

thority and tke regulation for-

bidding the "nresence of buttons

on school grounds would have

been reasonabie, But the affi-

davits and testimony before the

District Court reveal no inter-

ference with ecucational activity

and do not support a conclusion

that there was a commotion or

that the buttons tended to dis-

tract the minds of the students

away from their teachers. Nor

do we think that the mere pres-

ence of `freedom buttons' is cal-

culated to cause a disturbance

sufficient te warrant their ex-

clusion from school premises un-

less there is come student mis-

conduct involved. Therefore, we

conclude after carefully exam-

ining `all the evidence pre-

sented that the regulation for-

bidding the wearing of `freedom

buttons' on school grounds is

arbitrary and unreasonable, and

an unnecessary infringement on

the students' protected right of

free expression in the circum-.

stances revealed by the record."

served as its observer on the

branch board. He is a member of

the Board of Goyernors, Home-

stead Valley Improvement Club,

a member of the Marin Council

for Civic Affairs, Marin Conser-

vation League, British Film In-

stitute, National Geographic So-

ciety, and a life member of the

Sierra Club. He attended Reed

College, Portland, Oregon, and

Mexico City College in Fayette,

Missouri.

Francis Heisler, Monterey

Chapter area. Mr. Heisler is a

member of the law firm of Heis-

ler and Stewart in Carmel, He is

a member of the board of the

`Monterey Chapter as well as the

Illinois Division. Mr. Heisler was

educated as an engineer in Eu-

rope. He came to the United

States in 1924. Thereafter, he

studied law and was admitted to

the Illinois bar in 1930 and to

the California bar in 1953.

Berkeley-Albany Area

Neil F. Horten, Berkeley-Al-

bany Chapter area. Mr. Horton

is presently vice-chairman of the

Berkeley-Albany Chapter and

Chairman of its Legal Panel. He

practices law in Oakland and as

a volunteer ACLU attorney has

handled a number of civil liber-

ties cases. At Harvard Law

School, he was a co-founder and

co-chairman of the Student Civil

Liberties Research Service,

which prepares legal memoran-

da for civil liberty attorneys.

Prof. David Levin, Mid-Penin-

sula Chapter area. Dr. Levin is

Professor of English at Stanford

University where he has been a

faculty member since 1952. He

received his Ph.D., as well as his

A.B. and M.A., degrees, at Har-

vard University. In 1962-63 he

was a Fellow at the Center for

Advanced Study in the Behavior-

al Sciences at Stanford. He has

also been a Fulbright Lecturer

in France and Spain. He is a

member of CORE and the NAA-

CP and for five years was on the

Executive Board of the Palo

Alto-Stanford Branch of NAACP.

Santa Clara Valley

Frederick S. Reinheimer, San-

ta Clara Valley Chapter area.

Mr. Reinheimer attended the

University of Michigan and Ho-

bart College. He received an

LL.B. from Santa Clara Law

Schoo] in 1948 and served as

Deputy District Attorney in San-

ta Clara County from 1948-1954.

Since that time he has been en-

gaged in the general practice of

law. Mr. Reinheimer is a veteran

of WW II and the Korean con-

flict. He is a member of the Na-

tional Lawyers Guild and the

Santa Clara Ccunty Council of

Churches Migrant Labor and Ur-

ban Affairs Committee.

Stanley D. Stevens, Santa Cruz

County Chapter area. Mr. Stev-

ens received nis A.B. from San

Jose State College in 1958, and

did graduate work in Political

Theory and United Nations Af-

fairs. He is presently chairman

of the Santa Cruz County Chap-

ter and has served as observer

to the branch board. He is also

Treasurer of the Consumers' Co-

operative of Santa Cruz, Inc., and

Executive Secretary, Model

United Nations of the Far West-

- Alumni Association. He is em-

ployed as special assistant to the

Head of the Technical Processes

Division, University Library; U.-

C. at Santa Cruz, and Map Col-

lection librarian. Be es

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reais) aaa digits oer eA ERIN TAT TAK

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Mental Hiness

Legal Test in Agnews

Commitment Case

The Superior Court in Santa Clara County has ruled that

`a person falsely and illegally committed to a mental hospital

`against his will cannot recover damages against sheriff's

deputies who acted without legal authority in committing

a patient and against the County of Santa Clara as the

agency responsible for the false

commitment because, according

to the ruling of the court, the

government and its agents have

immunity from false arrest suits

regardless of the illegality of the

commitment. The ruling came in

the case of Donald Culbertson,

who filed the action for dam-

ages after his release from Ag-

news State Hospital. He had

been detained there against his

will for approximately 30 days.

The defendants demurred to the

complaint and the demurrer was

sustained without leave to

amend, meaning that the facts

of the commitment and its ille-

gality were admitted by the de-

fendants. Now the ACLU of

Northern California has taken

over Culbertson's appeal and has

filed an opening brief with Divi-

sion 3 of the District Court of

Appeal.

Significant Issues

The ACLU's brief, filed by

volunteer attorney Peter Bull

and staff counsel Marshall W.

Krause, states: "This case pre-

sents significant issues in the

`administration of the laws pro-

viding for the involuntary arrest

and detention of those alleged

to be mentally ill. The trial

eourt evidently believed that the

county and its agents should

have no responsibility and dam-

ages no matter how unlawful the

detention and no matter how de-

fective the proceedings. We are

shocked at this result, both be-

cause it leaves appellant with no

. remedy for his damages and be-

cause it removes the most im-

portant and effective incentive

to make officials carrying the

power to arrest and confine citi-

zens follow legal procedures in

their actions." The brief points

out that the petition alleging

Culbertson was mentally ill and

in need of detention did not

comply with the mandatory re-

quirements of law and that

_ neither the petition nor the order

for examination or detention was

ever shown to Culbertson or de-

- livered to a friend, relative or

representative as required by the

law when the sheriffs took Cul-

bertson into custody.

No Hearing

It is also clear from the admit-

ted facts of the case that the

authorities knew that their first

petition was defective because

12 days after Culbertson was

taken into custody this petition

was dismissed and a new action

was filed under another docket

number which attempted to cor-

rect the deficiencies in the first

proceeding. Finally, on the date

of the hearing for this second

proceeding Mr. Culbertson was

released from custody without

any explanation or hearing de-

spite the fact that the Superin-

tendent of Agnews State Hospi-

tal (Dr. Walter Rapaport) had

recommended his commitment as

a mentally ill person.

Legislative Intent

ACLU's brief carefully exam-

ines the question of the intent

of the legislature on the ques-

tion of granting immunity from

liability for government em-

ployees and government agen-

cies. It comes to the conclusion

that there was no intention to

grant an immunity for false im- -

prisonment when such imprison-

ment is accomplished not be-

cause of a mere "mistake" as to

whether or not a person is men-

tally ill but on the basis of legal

proceedings invalid on their face

and invalidly applied. Where

government employees ignore

proper procedures for notifica-

tion of an order of detention

they are not only increasing the

probability that a person may be

improperly committed, but are

depriving relatives and. friends

of proper notice so that they can

do whatever is in the best in-

terests of the person alleged to

be mentally ill.

Statutory Procedures

Not Followed

It is hoped that the Culbertson

case will settle the question of

liability for false imprisonment

when a person is improperly

committed as mentally ill. A

damage action seems to be the

only way to correct such abuse

of authority and to provide an

incentive for officials to follow

the Jaw. It should be emphasized

again that the ACLU's position

is taken not because there was.

a mistake concerning whether or

not Culbertson was in need of

commitment but because there

was a gross failure to follow

statutory procedures in commit-

ting him.

Chapter Status

Nears for

Sonoma Group

Under enthusiastic local lead-

ership, sparked by the Rev. Geof-

frey P. Selth, ACLUNC members

in Sonoma County, organized as

the Sonoma County Council,

ACLUNGC, are steadily progress-

ing toward eventual chapter

status.

Organizing Committee

At a dinner meeting in early

October, the 69 Sonoma County

ACLUNC members present

voted to form an Organizing

Committee and elected 15 mem-

bers to the steering committee,

which was also given the task of

nominating officers for the new-

ly formed group, and for its vari-

ous sub-committees.

Later that month, the steering

committee met and voted to

campaign actively against Propo-

sition 16 (the CLEAN initiative).

As a result, 500 bumper stickers

were purchased and distributed

to the local membership, and

letters and press releases from

the group were sent to the local

newspapers.

Dec. 106 Conference

The recommendation of the

education sub-committee to co-

sponsor, with the local state and

junior colleges, a conference on

"Academic Freedom: the Rights

of Teachers and Students," was

adopted. (See announcement in

box on page tf.)

Also adopted was the educa-

tion committee's recommenda-

tion to co-sponsor with U.C. Ex-

tension, a regular credit class or

seminar during the spring semes-

ter on "Religion and the

Schools,' or "The People, the

Courts and the Bill of Rights."

Subsequently the group adopt-

ed the name Sonoma County

Council, ACLUNC, and conduct-

ed an areawide election.

Officers

Elected were: Chairman, Rev.

G. P. Selth; Vice Chairman,

Prof. Fred Warren; Executive

Secretary, Mr. Gerald Purmal;

`Treasurer, Mrs. Thea van Log-

hem. Other officers are: Watch-

dog Committee Chairman, Mrs.

Don Johnson; Legislative Com-

mittee @airman, Prof. Warren

Olson; Representative to Branch

Board Chapter Committee, Rev.

G. P. Selth; Observer to the

Branch Board, Mrs.

Rapaport;

tor, Mr.. Michael Blume.

Shirley |

and Legal Coordina-

Gerald D. Maus

Gerald Marcus

Elected to !

Branch Board

Gerald D. Marcus, 49, San Fran-

cisco lawyer, has been elected to

fill a vacancy on the ACLU's

branch board of directors,

Mr. Marcus graduated from

Stanford University in 1938, and

received his LL.B. from the U.C.

Law School, Berkeley, in 1941.

Thereafter, he served as an O.P.

A. attorney in Washington before

spending several years in the

Army. He has been in the private

practice of law in San Francisco

since 1947.

Mr. Marcus is presently en-

gaged in many community activi-

ties. He is president of the Jew-

ish Committee for Personal Serv-

ice and president of Congregation

Beth Am (Palo Alto). He is also

president of the Lawyers' Club

of San Francisco and chairman

of the board of the Peninsula

School. He also serves on the

board of the United Jewish Com-

munity Centers, Jewish Welfare

Federation and the San Francisco

Bar Association,

Mr. Marcus has also served as

Northern California chairman of

Californians Against Proposition

No. 14, chairman of Californians

Against Capital Punishment,

Northern California chairman of

the Brown gubernatorial cam-

paign in 1962 and Northern Cali-

fornia chairman of Lynch for At-

torney General campaign in 1966.

Medicare

Loyalty Oath

Unconstitutional

A three-judge Federal Dis-

trict Court in Los Angeles last

month declared that the loyalty

question on the Medicare applica-

tion infringes on constitutional

rights under the First Amend-

ment. The ruling came on a suit

filed for a Los Angeles house-

wife, Mrs. Alda T. Reed, 65, by

the American Civil Liberties

Union.

Ban Catechism

Notices in

East Bay School

Recently, a sectarian leaflet

was distributed at the Anna

Yates School in Emeryville with

permission of the principal, Miss

Margaret Concannon. The leaflet

announced a catechism class,

right after school, at the Veter-

ans Building, just across the

street from the school. "Every

Catholic child from Kindergarten

through the Sixth Grade should

attend," said the leaflet. It also

added that "Ali others are wel-

come."

When the ACLU complained

to Miss Concannon she said she

hadn't realized that she had done

anything wrong. She readily

agreed to ban all future distri-

bution of such leaflets in the

school.

Ilegal Search and Seizure

rolees

The District Court of Appeal has ruled that a person on

parole after conviction of an offense against the laws cannot

complain of an illegal search and seizure resulting in evi-

dence of a new crime so long as his parole officer authorized -

the search and was present during it. The ACLU has now

asked the California Supreme

Court to grant a hearing in Peo-

ple v. Quilon, in a brief amicus

curiae prepared by assistant staff

counsel Paul Halvonik.

Undisputed Facts

The undisputed facts of the

case show that federal narcotics

_ officers suspecting that Quilon

possessed narcotics but having

insufficient evidence to obtain

a search warrant or to make an

arrest contacted Quilon's parole

officer and asked whether he

would help them make a search.

The parole officer said, "I would .

just as soon go and make the

visit with you fellows, so when-

ever you want to do it I would

appreciate it if you would come

by and pick me up at my office."

The federal agents picked up the

parole officer, he rang Quilon's

doorbell while the others stayed

out of sight and the parole of-

- ficer gained entry and then let

the federal officers in, and they

made an extensive search, find-

ing narcotics. The search was con-

ducted over the objection of

Quilon.

ACLU Contentions

The ACLU's brief contends

that the parole officer's'presence

served as a veil for an illegal

search by federal agents..which

may invite injunctive relief in

ACLU Stand.

On Sexual

Freedom

Last month the ACLUNC

Board of. Directors voted to inter-

vene in two criminal cases ques-

tioning the legality of sec. 288(a)

of the California Penal Code

purporting to punish as a felony

certain types of sexual conduct

even though engaged in in the

privacy of one's own bedroom

and regardless of the sex or mari-

tal relationships of the partici-

pants. Although the ACLU of

Northern California has not yet

debated the broader issue, other

branches of the ACLU through-

out the country have taken the

position that private sexual con-

duct between consenting adults

is not a constitutional area for

government regulation.

_Monterey County Cases

The ACLUNC's position will be

stated in a brief to be filed in

the District Court of Appeal in

a case arising in Monterey

County where the police staked

out a public toilet for a period

of two weeks by drilling spy

holes and observing every per-

son who entered and used the

facilities. The ACLUNC will

argue that such a general inva-

sion of privacy is not warranted

and that any evidence of specific

criminal conduct discovered by

such a general invasion of pri-

vacy should have been excluded

by the court below. In the par-

ticular case, two men were con-

victed of homosexual activities

in circumstances which may not

have been entirely private. How-

ever, since the validity of the

`statute will be raised by the at-

`torney for the convicted men, the

ACLU feels it appropriate to

state its position against the in-

vasion of privacy since the

statute has been applied in other

cases even between husband

and wife. ACLUNC's brief will

be prepared by assistant staff

counsel Paul N. Halvonik,

ACLU NEWS

DECEMBER, 1966

federal courts against state

`agents for allowing such pro-

cedures to occur. The brief at-

tacks the concert that merely be-

cause a parolee may be said to

be in "constructive custody" out-

side the prison walls this means

he has absolutely no constitu-

tional rights against his parole

officer. It notes that the case

does not deal with the question

of whether the parolee violated

the conditions of parole (which

could be used te send him back

to prison on the original charge),

but with use oz the illegally ob-

tained evidence to obtain a new

conviction. It netes that the 4th

Amendment contains no excep-

tion for parole officers.

Was the Search Reasonable?

The brief states that the ques-

tion comes down to whether the

search by federal agents after,

figuratively speaking, the key to

the door had been turned by the

state parole officer, was a "rea-

sonable one" within the terms of

that Amendment. It notes that

the famous People v. Derado in-

volved a man then in San Quen-

-tin prison but the California Su-

preme Court still held that

evidence obtained before advis-

ing him of his right te counsel

and his right to remain silent

could not be used against Dor-

ado. It cites two recent United

States Court of Appeal decisions

where, under similar facts, evi-

dence was not allowed in federal

courts. In one. case the FBI

made an arrest and brought the

suspect to the state parole of-

ficer who then asked the parolee

to submit to a search which was

not otherwise authorized. The

information obtained was used to

obtain a conviction, but the court

concluded that it was the product

of an illegal search. The court

of Appeal for the Third Circuit

called the parole agent nothing

but a tool of the arresting of-

ficers and held that he could not

"serve as a shield against what

was plainly the action of the ar-

resting officers to effect an il-

legal search."

In a similar case arising in the

Ninth Circuit, federal customs

officers, having insufficient au-

thority to make a search, asked

an airlines employee to make the

search which he did, revealing

smuggled goods. The court held

that this evidence would have to

be excluded as it was the product

of an illegal search. It said: "The

search was in substance a fed-

eral search, cast in the form of

a carrier inspection to enable the

officers to avoid the require-

ments of the Fourth Amend-

ment. ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch ACLUN_1961 ACLUN_1961.MODS ACLUN_1961.batch ACLUN_1962 ACLUN_1962.MODS ACLUN_1962.batch ACLUN_1963 ACLUN_1963.MODS ACLUN_1963.batch ACLUN_1964 ACLUN_1964.MODS ACLUN_1964.batch ACLUN_1965 ACLUN_1965.MODS ACLUN_1965.batch ACLUN_1966 ACLUN_1966.MODS ACLUN_1966.batch ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 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ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch 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ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log The Fourth Amend-

ment was adopted in view of

long misuse of power in the mat-

ter of searches and seizures both

in England and the Colonies; and

the assurance against any re-

vival of it, so carefully embodied

in the fundamental law, is not to

be impaired by judicial sanction .

of equivocal methods, which, re-

garded superf-cially, may seem

to escape the challenge of illegal-

ity but which, in reality, strike

at the substance of the constitu-

tional] right."

The California Supreme Court

will decide whether to hear the

legal issues of the Quillen case

in about 30 days.

Page 3

"

`Love Catches

San Francisco Pol

was invited to participate. Miss

Continued from Page 1-

fendants. Affidavits filed with

`the motion show that when of-

`ficers Maloney and Weiner en-

tered the Psychedelic Book Shop

they purchased a copy of "The

Love Book" with a $10 bilj and

received $8.96 change. A few

minutes later they came back in

the shop, demanded their $10 bill

be returned in exchange for

their $8.96 and triumphantly -

noted that the numbers on the

$10 bill which they forced the

clerk to give them matched the

serial numbers which they had

written down before their first

entry into the shop. After thus

extorting $1.04 from the clerk

`(the purchased copy of "The

Love Book" was not returned)

the police proceeded to throw all

the customers out of the Psy-

chedelic Book Shop and rum-

mage through everything avail-

able at the shop, whether offered

to the public or in a back store-

yvoom. At no time did the police

Ihave ahy warrant. After some

searching the following items

`were carried off to the police sta-

tion along with clerk Cohen:

Several copies of a magazine

called "Grist," severa] copies of

"Poem From Jail" by Ed San-

ders, several copies of a legal

brief in a marijuana case, several

copies of a newspaper called

"The Oracle," a book of poems

called "Now Now Now," and a

collection of poems called "The

Earth Rose.' At the City Lights

Book Shop officers Maloney and

Weiner did not attempt to get

their money back for the origin-

al purchase but seized 15 addi-

tional copies of "The Love

Book," again without any war-

rant. The ACLU motions filed in

this case point out that there is

no authority for seizure of such

materials in any California

statute and the United States Su-

preme Court has ruled that

seizure and retention of material

by police officials because of

their opinion that it is obscenity

is a violation of First Amend-

ment guarantees protecting free-

dom of expression.

Pre-Trial Publicity

' The second motion asks that

the proceedings be dismissed in

the interests of justice because

`ef.the prejudicial pre-trial pub-

ticity engaged in by the Police

Department in an attempt to pre-

vent the defendants from having

a fair trial by an impartial jury.

Usually, such a matter is cured

by careful questioning of. poten-

tial jurors, but the ACLU con-

tends that where the agents of

the prosecution have attempted

to poison the atmosphere in ad-

vance, the only remedy is dis-

missal.

Other Motions

The third and fourth motions

ask that the complaints be dis-

missed on the ground that the

anti-obscenity statute is uncon-

stitutionally vague and on the

ground that the poems by Miss

Kandel are not obscene as a mat-

ter of law. The motion states,

"This slender volume of five

printed pages beautifully done

and printed between covers re-

producing scenes from a Tantrict

Buddhist scroll contains two

poems by Lenore Kandel. The

poet writes out of a deep religi-

ous homage to the wonders of

ereation and to the splendors of

human creation. She celebrates

the act of love and does it honor

by treating it artistically with

reverence and dignity.

"These same two poems have

been published elsewhere in

anthologies of peems and in the

recent book, "The Erotic Revo-

lution." These same two poems

have been read by Miss Kandel

to thousands of college students"

at poetry readings in which she

ACLU NEWS

DECEMBER, 1966

Page 4

lell Fro:

ice

Kandel has published poetry on

many subjects in- -numerous

journals and is highly regarded

as a Serious artist by her fellows

and by the academic world.

There may be persons who are

so intolerant that they will not

allow an artist to make her own

choices as to the words of her

poems, These persons, brain-

washed by years of thinking that

because certain words are com-

monly used in a dirty fashion

they can contain no beauty, will

be unable to hear the rhythm of

these poems or comprehend their

loving message. They will be

blinded by their own prejudices

and unable to see that the poet

by her creation has brought

health and grace back to these

misused words. To those per-

sons only able to see dirt from

these five printed pages, we ex-

tend our sympathies."

Not Shameful or Morbid

The motions go on to state

that the law punishing obscenity

refers to material which appeals

to a shameful or morbid interest

in sex, whereas these poems,

though sexual, appeal to a nor-

mal and beneficial sexuality and

not to anything shameful or mor-

bid. Also Miss Kandel's poems

clearly do not meet the statutory

requirement that obscene materi-

al be "utterly without redeeming

social importance." The poems

have a literary and personal

philosophical value which wil] be

attested to, in the event of a

trial, by many competent and

eminent witnesses.

Mixed Reaction

The reaction to the prosecu-

tion of the Kandel poems has

been mixed. Book sellers, evi-

dently taking the position that

"So long as they're not picking

on me, I'll look the other way,"

have done nothing. Politicians

and the District Attorney's of-

fice, though not consulted by the

Police Department in its crusade,

have taken no steps to halt this

absurd action. However, there

are good signs from the academ-

ic community which has rallied

to protest the invasion of the

freedom to write poetry as one

desires. A group of State Col-

lege professors held a reading of

the same Kandel poems which

were the subject of the three

arrests which was heavily pub-

licized in the press and attended

by many students. The Police

Chief first announced that there

would be no arrests because

hearing the poems was different

from reading them since one

could get up and walk out if

they were offensive. (He failed

to note that one can also close a

book.) Then the chief stated he

was satisfied with the arrests al-

ready made. The poetry reading

was held on schedule with no un-

toward events and it is hoped

that this will be the first of

many serious and sustained pro-

tests against police harassment

of avant garde art,

Free Speech

Victory for

Berk. Fireman

Continued from Page 1-

the ACLUNC also took an active

part, Board of Trustees v. Jack

Owens, and Fort v. Civil Service

Commission of Alameda County.

Broad Support

Throughout the long fight,

fireman Belshaw has received

the active support of his union

as well as the support of his

family and many Berkeley resi-

dents. The reprehensible tactics

of the City of Berkeley in at-

tempting to cut off debate on an

issue of public concern wil] now

be brought to am end since the

ordinances under which these

tactics were pursued are uncon-

stitutional,

ACLU Comments

On Traffic

Proposals

Last month ACLUNC's board

of directors voted to inform the

Judicial Council of the State of

California of its views concern-

ing the proposed revision of the

manner of handling alleged traf-

fic law violations. The Judicial

Council proposes to introduce

legislation in the 1967 session

which would reclassify many

traffic violations from misde-

meanors to "infractions" and

not allow a jail sentence for the

con.mission of an _ infraction,

limiting punishment to fine and

license suspension, However, if

a fourth infraction is charged

within a one-year period this

would be treated as a misde-

meanor and a jail sentence would

be possible. A person charged

with an infraction only would

not have the right to a jury trial.

Divorce From Criminal Law

The ACLUNC board approved

the proposed legislation but had

several comments. First, it was

suggested that "in every possible

way" traffic infractions should

be divorced from crime, criminal

law and the associated stigmas.

Second, it was suggested that

there may be a problem with

persons who are charged with

a fourth violation in one year

since such persons could claim

that they were deprived of a

jury trial on the infractions, a

pre-condition for the misde-

meanor prosecution.

License Suspension

Third, the ACLU suggested

that the way to handle repeated

violators would be through sus-

pension of a driver's license

Since, in most cases, the prob-

lem is not criminal conduct but

inability to handle an automobile

which should be handled admin-

istratively. Fourth, the ACLU

pointed out that in setting the

amount of fines courts should

take into account the poverty of

the defendant when he claims

economic straits. Where a person

is jailed merely because he can-

not pay a fine, questions of

equal protection of the laws are

raised under the 14th Amend-

ment,

Santa Cruz Co.

Chapter Elects

Board Members

At its November 4 meeting the

Santa Cruz Chapter formally tab-

ulated the results of the chap-

terwide election of its single

nominee, Mr. Stanley Stevens,

to the Branch Board of Directors.

It also elected to three-year

terms on the chapter board: Mrs.

Carole R. McPherson, Mr. Robert

Lissner (a high school teacher)

and Dr. Paul Lee (Professor of

Philosophy, University of Cali-

fornia). The following three

board members were also re-

elected to three-year terms: Mrs.

Myra McLoughlin, Dr. Marvin J.

Naman, and Dr. Duncan Holbert.

Mrs. McLoughlin is chairman of

the chapter education committee,

and Dr. Naman is membership

chairman.

ACLU Acquires

Legislative

Quarters

Sacramento's Eleventh and L

Building, directly across from the

State Capitol, will be the head-

quarters for ACLUNC's Legis-

lative Representative, Paul Hal-

vonik,

Office space and staff will be

shared with Coleman Blease,

Legislative Representative for

Southern California ACLU and

Joseph LL. Gunterman of the

Friends Committee on Legisla-

tion,

The office will be equipped

during the next month and will

open for business after the first

of the year.

Election Polls Confounded |

Defeated

Contrary to the dark forecasts of pre-election polls, the

CLEAN amendment to the State Constitution was defeated

by 712,545 votes. A State Poll on October 19 reported that

the obscenity measure was favored by 51 percent of the elec-

torate, while only 25 percent opposed it. The remaining

voters were said to be undecided.

The Secretary of State reported

that the final tally on Proposi-

tion 16 showed Yes: 2,482,943;

No: 3,195,488. A larger vote was

cast on this issue than on any

other State proposition except

the bond issue to provide funds

for the University of California

and State colleges.

Close Vote in South

The vote in the southern part

of the State was relatively close,

but in the large northern coun-

ties of San Francisco, Alameda,

Marin, Sacramento and Santa

Clara the proposal was over-

whelmingly defeated. In Marin

county the vote was better than

2 to 1 against the proposal.

Only six counties supported the

measure. It won by narrow mar-

gins in Orange, Riverside and

Kern counties, The small coun-

ties of Alpine, Inyo and Mono

also gave the proposal a favor-

able vote. `

San Diego Co. Against

San Diego county, the home

of its chief sponsor, Assembly-

man E. Richard Barnes, the for-

mer Methodist Navy chaplain

who recently switched to

Southern Baptist, voted against

Proposition 16 by a comfortable

vote.

The assumption that the mea-

sure would be approved was not

only based on the report of the

State Poll but also the ease with

which Barnes and William K.

Shearer, the proposition's cam-

paign manager, gathered 470,000

signatures to qualify it for the

ballot.

Expensive Campaign

A tremendous amount of mon-

ey was spent by the proponents

which will be revealed later

when campaign expenses are re-

ported to the State. In San Fran-

cisco, the Sunday Examiner car-

ried an expensive 12-page tab-

loid political advertisement by

CLEAN just before the election.

The tabloid had a one-page ad-

vertisement from the Schick

Safety Razor Co. Patrick J.

Frawley, Jr., Chairman, which

frequently supports conservative

causes.

_ Reasons for Defeat

The ACLU has been asked fre-

quently since the election why

Proposition 16 was defeated, par-

ticularly in the light of other

election results. We don't have

the answers. There was no state-

wide campaign against the mea-

sure. It was opposed by Pat

Brown but endorsed by Reagan.

On the other hand, it was op-

posed by Finch, district attor-

neys whose lives could have been

made miserable under the pro-

posal, the Council of Churches,

most newspapers, the California

Library Association and, of

course, the ACLU,

The ACLU's analysis of the

measure was widely distributed

and staff members spoke against

the proposal. In some chapter

areas effective work was done

against Proposition 16 by the (c)

ACLU, On the whole, however,

there was little organized oppo-

sition compared with the well

organized and financed CLEAN

campaign.

Legislative Issue

Unfortunately, rejection of

Proposition 16 does not dispose

of the matter. Attorney General

Thomas Lynch, who opposed

Proposition 16, will undertake to

introduce an obscenity proposal

in the State Legislature, and the

new Lieutenant Governor, Robert

H. Finch, will do likewise. The

Council of Churches also has a

measure against obscenity which

will be offered to the Legisla-

ture. Assemblyman Barnes can

also be expected to re-introduce

measures that have previously

been rejected. In short, one of

the principal issues in the State

Legislature next year will be

obscenity legislation which is

aimed at getting around USS.

Supreme Court. rulings. Of

course, the ACLU will eppose

such proposals,

Bill of Rights

Television _

Programs

"Colloquy" the Sunday 9:00-

9:30 a.m, KRON-TV (Channel 4)

program featuring Dean Lloyd

Luckmann of San Francisco City

College, and Rabbi Alvin Fine

and Professor John Edwards

(members of the Board of Di-

rectors of ACLUNC), will take

up the Bill of Rights on four con-

secutive programs, starting in

mid-December.

Members are reminded. that

December 15 is the 175th anniver- .

sary of the Bill of Rights and are

urged to check local newspaper

television guides and to listen

to the programs.

The first. right of a citizen

Is the right

To be responsible

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