vol. 33, no. 1

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, California 94105, 433-2750

Subscription Rates -- Two Dollars a Year

Twenty Cents Per Copy 1

Chapter Activities

Marin County

"The Supreme Court, Coddler of Crime?" will be the topic at the -

Annual Meeting of the Marin County Chapter at 7:30 p.m. Sunday,

January 21 in the Supervisors' Chambers of the Marin County Civic

Center. Ephraim Margolin, prominent S.F. atttorney and member of ~

the ACLUNC: Board of Directors, who has taught a number of Uni-

versity of California Extension classes on recent Supreme Court De-

cisions and related topics, will be the speaker, examining the con-

cern expressed by some persons and reflected in the press and on the

air whether our higher courts are protecting the rights of criminals

so assiduously that the average citizen's rights are overlooked or

even endangered.

There will be a brief business session, at which a report of the

past year's activities of the Chapter will be presented, the election

of the 1968 Board of Directors will take place, and plans for the com-

ing year will be outlined.

Members are urged to bring their friends.

Mr. Diablo

"Youth, Law Enforcement and the Bill of Rights" will be the

topic of the January annual meeting of the Mt. Diablo Chapter, to be

held at 8:00 p.m., Friday, January 26 in meeting rooms A and B of

the Sun Valley Shopping Center, Concord. Contra Costa County Su-

perior Court Judge Joseph Genser, Dr. Richard Foster, Superinten-

dent of San Ramon Unified School District, and Dr. Robert Carter,

Associate Research Criminologist at the University of California,

Berkeley, currently engaged in a study of upper and middle-class

delinquency in Contra Costa County being conducted by the U.C.

School of Criminology, will act as panelists in the discussion which

should be of interest of all parents, teachers and young persons.

Harry Lohstroh, Chapter Chairman, will report briefly on the past

year's activities at a short business session. Refreshments will be

served following the meeting. Members are urged to bring their

friends.

Fresno

The Fresno Area Chapter Board is planning an expanded pro-

gram for 1968, including monthly topical meetings for all members

and friends of the ACLU, to give members opportunity for more ac-

tive participation in the defense and extension of civil liberties. Sub-

jects of local interest are planned for discuSsion, including juvenile

rights, dissent in times of crisis, and civil"liberties in schools and

colleges, Plans will be made and activities undertaken toward remedy-

ing threats to or abridgements of civil liberties as the need is deter-

mined by. local discussion and study.

Fresno area members are asked to telephone or write their pref-

erence for meeting days to Morris Futlick, 1756 L Street, Fresno,

telephone 233-4888. A regular monthly meeting date will be set to

meet the convenience of the majority of members, and the first topi-

cal meeting announced as soon as arrangements are made.

Drunk Driving

Conviction

Reversed |

When George Menektos. was stopped by a policeman in

San Mateo County as a suspected drunk driver he was care-

fully advised of his constitutional right not to make any state-

ments against himself and then asked by the policeman whe-

ther he had been drinking. Menektos answered that not only

had he been drinking but he was

"too drunk to drive." This state-

ment was strong evidence

against him and probably was the

reason for his conviction in a

jury trial in South San Francis-

co Municipal Court. On Decem-

_ ber 20, the Appellate Depart-

ment of the San Mateo County

Superior Court reversed the con-

viction at the urging of ACLU

of Northern California attorneys

who had entered the case on ap-

peal at the request of Menek-

tos' trial counsel, Leo Paoli.

Too Drunk

The reason for the reversal

was the argument of ACLU coun- -:

- sel that a man who is too drunk

to drive is also too drunk to

waive his constitutional rights,

at least until the contrary is

proven by the prosecution. In ac-

cepting this argument, the Ap-

pellate Department rendered a

decision of first impression

which will undoubtedly have in-

fluence throughout the state on

drunk driving prosecutions. The

ACLU NEWS

JANUARY, 1968

Page 2

decision, written by Presiding

Judge Scott and concurred in by

Judges Dematteis and Blum,

states: "The accused may always

waive his rights, but this waiver

must be voluntary, knowing and

intelligent. The determination of

- whether there has been an intel-

ligent waiver of the right to

counsel must depend in each

case upon particular facts and

circumstances surrounding the

case, including the background,

experience and conduct of the

accused. If an accused is under

the influence of alcohol or

drugs to such an extent as to ef-

fect his judgement and if he was.

interrogated in that condition,

statements made by him would

be involuntary."

Judging Each Case

The Appellate Department

then went on to rule that the

trial court made an error in not

holding an independent hearing

on whether or not the defendant

was able to waive his constitu-

tional rights in the circumstan-

ces. The Appellate Court did not

hold that every person who had

enough to drink so as to violate

LETTERS

to the EDITOR

Faith in the Union

Editor: We have been mem-

bers of Northern Cal and of Na-

tional for almost forty years. But

we have done little besides pay

dues and respond occasionally to

specia] appeals. We feel we ought

to be doing better, since we are

so aware of the importance of

the protection you give us all

from the constant attempts on

our liberties. From our reading

of the NEWS and your excellent

1963-6 Report, we do not find

evidence that Mr. Webber is cor-

rect in his letter published in the

December NEWS. We have faith

that the Union is being very care-

ful NOT to overstep the line be-

tween activism and the protec-

tion of Constitutional civil liber-

ties and that it will not let itself

be "used."

The above is preamble to our

telling you that from now on you

can expect a check like the one

enclosed monthly.

Among the many things we ap-

prove in your recent attitudes is

your support of the right of in-

dividual to dress and coif them-

selves as they please. We believe

people even have the right to be

dirty, so long as they are not

smelly and too close!

On the other hand, we think,

with Roger Kent, that you do go

a bit too far on this Christmas

thing; it is all right to celebrate

the birth of Jesus so long as the

schools and the postage-stamp

makers give "equal time" to

other important religious figures,

such as Moses, Mohammed, and

Buddha. Naturally teachers must

be forbidden to propagandize for

their own faiths. In practice I

think most teachers stress not

the religious dogma connected

with the Christ story but the idea

of giving.

Happy religious holidays,

ACLUNC!

-Mr. and Mrs. Harold S. Choate,

Berkeley.

the drunk driving laws was auto-

matically incapable of waiving

his constitutional rights but left

this to the determination of the

trial court and the jury after the

facts of the defendant's condition

at the time had been fully ex-

plored. In the Menektos case the

trial court did not allow defense

counsel to explore these facts

but admitted the defendant's

statements against him on the

bare finding that he had been ad-

vised of his constitutional rights

before the statement was made.

ACLU Position

The ACLU urged this proposi-

tion because it believes consti-

tutional rights are not to be dis-

pensed with or waived by in-

cantations but only after an in-

telligent decision containing ap-

preciation of the rights which

are being given up. Generally

speaking, a person who is under

the influence of alcohol or drugs

cannot be found to have waived

these rights absent the clearest

evidence that he understood

them and understood his waiver.

The same should be true con-

cerning juveniles and persons un-

der great emotional stress. It is

doubtful that a person who is

drunk can be found to have

knowingly and intelligently giv-

en up his right to a driver's li-

vense by refusing to take one of

the tests available for suspected

drunk drivers. It is doubtful that

a person who is not aware of

his rights to refuse a search of

his person or premises can be

found to have waived his rights

under the search and seizure pro-

vision of the Fourth Amend-

ment. ACLU attorneys on this

case were assisted by law student

Mike Adams.

Rules of Conduct

`You and The

- Police' Now

Available

The ACLUNC now has available for distribution 50,000

copies of a wallet-size card giving the rules of conduct where

a person is questioned or arrested by the police. The text is

in both English and Spanish and was prepared under the |

direction of the branch Legal Committee, headed by board

member Howard H. Jewel of Oakland.

Single copies of the card are available from the ACLU office

without charge. Please send a stamped, self-addressed envelope with

your request. Quantity orders by individuals and groups will be filled

at cost. A number of the ACLUNC chapters have already placed large

orders. :

The English text of the card follows:

YOU AND THE POLICE

The police work for YOU as a citizen of this community, what-

ever your age, your race, or your job. The police must respect your

rights; it will help if you respect their job.

IF YOU ARE QUESTIONED BY A POLICEMAN

1. Give your name and address or show an i.d. Remember that

anything else you say will be used against you; it is not a crime to

refuse to answer a policeman's further questions.

2. Ask if you are under arrest. If so, you have the right to know

the charge against you.

3. The police may search you for concealed weapons by pat-

ting your clothing. Do not physically resist. Make it clear that you

do not agree to any search of yourself, your car, or your surround-

ings.

IF YOU ARE ARRESTED OR HELD

1. Never run away, strike an officer, or physically resist,

whether you are innocent or guilty. Go with the officer; you can

make your defense in court. :

2. You have the right to remain silent; use it. Tell the police

nothing except your name and address. Don't give explanations or

stories or try to excuse your conduct. Don't engage in "friendly"

conversation.

3. Ask to see a lawyer immediately. If you can't pay for a

lawyer, you have the right to free legal service. Ask the police to

get you a lawyer. Don't talk to officials unless your lawyer is with

you.

4, You can protect your right against unlawful search by

making it clear that you do not agree to any search. Do not phys-

ically resist. If the police say that they have a warrant, ask to see it.

5. After arrest, use your right to make two telephone calls,* one

to arrange bail,* one to a relative, friend or attorney. Sometimes you

can be released without bail (``O.R.'') or have bail lowered. Ask the

judge about it. You have the right to go into court the next court

day after your arrest.

6. Don't make any decisions in your case until you have talked

to a lawyer and understand what your choices are.

*Juveniles (under 18) may be denied bail or telephone calls. Ask

to see a lawyer and follow the advice given above.

This card is not complete advice.

Distributed by the American Civil

Liberties Union of Northern California.

ACLUNC Gets

Priceless Civil

Xmas and Black Power

Editor: I want to express my

agreement with the general ideas

expressed by Mr. Kent and Mr.

Webber in their letters which ap-

pear in your December issue. I

have belonged to ACLU, Nation-

al and Northern California, for a

good many years, and up to now

have felt it to be an exemplary

institution, greatly needed on the

American scene. While I have let

things rock along recently, with-

out letting my membership lapse,

I have been entirely opposed to

your stand, on various phases of

the "Christmas" issue, though I

have not been able to marshall

my thoughts with the clarity or

authority shown by Mr. Kent.

Furthermore, it seems to me that

in the current matters of Viet-

nam protest, "Black Power,"' stu-

dent activism, etc.; your tendency

`is to be an advocate rather than

a defender of some people who

are agitating merely for the sake

of agitation just to clog the

courts and in general to make

trouble for the "establishment,"

and who want to use the ACLU

to promote their real objective

which is to, reduce our American

system to anarchy.

I still maintain nominal mem-

bership in, the Berkeley-Albany

Chapter, but have ignored them

ever since the "Free Speech

Movement" at U.C. As nearly as

I could make out at the time, the

Chapter operated solely as a

sounding board and tub-thumper

for the movement.

-Barrett N. Coates,

Berkeley.

Liberties Tapes

Last month long-time

ACLUNC member Ward Tabler

of Berkeley donated his 24-tape

collection of unique recordings

of speeches and forums on eivil

liberties to the branch. Included

are recordings of Roger Baldwin

(co-founder of the National

ACLU), Alexander Meiklejohn

(co-founder of ACLU of North-

ern California), and the eminent

historian Henry Steel Comma-

ger.

Annual Meetings

Other tapes covering numer-

ous ACLUNC annual member-

ship meetings and other special

events feature Osmond Fraenkel

(ACLU General Counsel), Pro-

fessor Joseph Tussman, the late

Professor James Caldwell, Wil-

liam Coblentz (now a U.C. Re-

gent), Edward Barrett (presently (c)

Dean of the U.C. Davis Law

School), and ACLUNC Branch

Board member, Professor John

Henry Merryman.

As a further contribution, Mr.

Tabler plans to dub tapes from:

this collection of master record-

ings which will then be available

to chapters, schools and organi-

zations for use in civil liberties

education programs.

Christmas Stamps

Editor: I have the greatest re

spect and admiration for Roger

Kent, but I must oppose his argu-

ment in regard to the Christmas

stamps. S

In the first place, whatever the

historical meaning of Christmas,

it has now become a universal

holiday in the Western world (as

it was long before Christianity).

It is the season of Yule, of the

winter solstice, and it is observed

FINANCIAL REPORT

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

For Year Ended October 31, 1967

LAVENTHOL, KREKSTEIN, HORWATH and HORWATH

CERTIFIED PUBLIC ACCOUNTANTS

San Francisco, Calif.

November 27, 1967

November 27, 1967

Income and Expense Statement

Board of Directors

American Civil Liberties Union INCOME EXHIBIT B by non-Christians as well as

=, of Northern California Membershins $92,219 Christians. Therefore the use of

303 Market oer ia 94105 Special fumes appeal #5 5,725 a religious painting on a special

San Francisco, California De Less portion directed to obligated funds. 4,185 1,540 Christmas stamp is an offense to

AUDIT OF BOOKS AND RECORDS FOR ,

THE FISCAL YEAR ENDED OCTOBER 31, 1967 SPECIAL GIFTS Oe ne Oe oO eon ie

We have examined the balance shertgh the prccicas aie Liberties Ci 15.925 Christ."

Union of Northern California as of tober ` , and the relate ne : ` a8

statement of income and expense for the year then ended. Our examination sae es of secunliles eed ee ee In the second place, this is a

was made in accordance with generally accepted auditing standards, and Memorial Git "0 oe 490 completely secular nation, and

accordingly included such tests of the accounting records and such other Were core ee 3,340 the use of any religious symbols

auditing procedures as we considered necessary in the circumstances. We Dividend income mee : : : : : i : : : : POs `388 in any public connection-wheth-

made a similar examination for the previous year. Operation Gorfection a co 235 er it be prayers in the public

The records are maintained on a cash basis, and accordingly reflect Legislative program .....- . 12th sees 425 schools, assertion of a belief: in.

no accrual of liabilities. Our examination indicated no material liabilities Publication sales, notary fees : God in taking oaths, the subjects

outstanding. Securities are shown at cost at time of acquisition through mnceimiccellancous 302 of postage stamps, or whatever-

estate gifts. Amounts payable for payroll taxes and minor items were sub- is an invasion of the impenetra-

sequently paid and did not differ in any significant amount from those TONAL. INCOME... 118,235 ple wall which should stand_be-

payable at the close of the previous year. Amount shown as Deferred EXxpENSES ` ese ed the Hate

Income represents dues paid in advance. - ween religion a es .

a : : Salaries 25 fee ee Za7550 should object just as firmly to

In our opinion, the accompanying balance sheet and income statement Daa ieligne And ores cence 7611 fe dinar a Jewish "Mohanined:

present fairly the cash position of the American Civil Liberties Union of R 9, nery tee O71 e use of , M os

Northern California at October 31, 1967, and the results of its cash trans- pac Us a 3957 an, Buddhist, or Atheist subject

actions for the year then ended. : Posen WS ote Eee 5 B67 on a stamp or in a postal can-

LAVENTHOL, KREKSTEIN, HORWATH and HORWATH - Telephone... .- see ee nent reese ees 2,991 oe :

Taxes and imsurancey.......-.....-..- 3,992 Certainly I can and do avoid

Miravel and! transportation =o. .0.-...-.. 1,515 buying these unconstitutional

Balance Sheet Provision for 1969 Triennial-report ...... 1,200 stamps, but as a taxpayer and a

Retirement. 2 ee ee ae 74l purchaser of other stamps I am

EXHIBIT A RensSion: Diam se te terete cits ot ore) oe 538 forced to contribute to the cost

AS AT OCTOBER 31, 1967 Employee hospitalization .............-. 451 of their production. This is not a

[cASSENS. Audit beeen eee tenet ene e ns aoe trivial matter, and it does not

CURRENT ASSETS Legislative program eaten ol on ion romero ole stor one 077 "make us look ridiculous" in the

Cash a ME eee ere PE or oan eyes of those who know that

Ea rH te ee 5 sah ; :

vee cr ean Se CR a es $5,229 Publications. 090 soe en ae 427 oe ee oe eee et

Savings: accOUNt = 99) 6,437 (Anntial tmectimGn 508. sr se 75 civil as we y

Time certificate ........ Bist Gas 5,000 16,666 Sundry eo hire. Saber alee. nS ec 350 114,907 erty. a

-Miriam Allen DeFord,

San Francisco Federal Savings and ee EXCESS INCOME OVER EXPENDITURES .. 3,328 (Mrs. Maynard Shipley)

oan Association: 06. ss , e

Security Savings and Loan Association .. 10,000 San Francisco.

American Savings and Loan Association... ean 5

Golden West Savings and Loan ......... i is

Twin Pines Savings and Loan........... 10,000 e e

Petty Cach fund ee 10 67,492 Transactions in Obligated Funds

Securities (at cost) ..+..... Hotes Se. AO. 11,985 RECEIPTS

United States Treasury bonds (at cost) ....... 4,500 :

Sao Balance, Special Expend- Trans- Balance

ERTL GPRS cr ratirt + wen ater 3.277 DEFENSE FUNDS 10/31/66 Appeal ~. Other itures fers 10/31/67

i : 4,943* 10,575

LIABILITIES AND: NET WORTH General defense fund ................ plang le $3,541 ..$1,608 Saag $ $ Bay

Teachers loyalty oath caSeuro-2.12.ce...... 24 on P

CURRENT LIABILITIES Belshawncase oh fe es ate eh econ 5192 poe 8547 21 7. -

Employees' payroll taxes withheld ......... 991 Nevadatve Pate = re 389* or 460 -

Provision for 1969 Tri-ennial report ......... 1,200 Gamare GaSe. a Os and 680 721 1,550 -_

Provision for Biennial conference .......... 500 Grogan vs Meyer (Proposition 14) ....... 187 255 323 119 -

Deferred income - Membership dues ........ 1,250 Landau vs Fording (`Un chant d'amour''). 92s 52 : 9 1,214 2,080 -

Obligated funds (See Schedule A-1) ......... 11,783 People vs di Tullio... 3 ae -1;760* 37 A 68 1,191 -

NET WORTH diivenile court 8 tic aie ne 363 98 265

Balance at October 31, 1966 ............ 64,925 HaUGA Ge =e eee 103 103

Excess income over expenses People vs Gurner and Maginnis .......... - 90 300 ' 390

Year ended October 31, 1967 ......... 3,328 People vs Dixon (/The Beard') ......... me 146 70 1S 201

Levering Act Test (Glickman) .......... is 75 38 37

Hatch Act (Soltan 2) 0 ae - 30 18 120

Net worth at October 31, 1967 ......... 68,253 Bera ys Cahill 2 eo ee = 19 45 26

Flollon' vs Pierce - 05.8 A es en -_ 60 180 120 -

TOTAL LIABILITIES AND Rosenfieldscase 3) a -_ 362 230 332 =.

NET WORTH ...........--, 83,977 Wirta vs Transit District ............. - 124 164 40

Peoplevs Budd =... .8. ees ee - 30 5 25

TOFAL OBLIGATED FUNDS ........;5%.. 10,907 4,185 3,850 7,159 -0- 11,783

Presidio Sign Case

Closed by Apology

The Commanding Officer of

the Presidio of San Francisco last

month expressed his regrets that

casual motorists had been stop-

ped in the Presidio and required

to remove signs from their cars.

In answer to the ACLU's repeat-

ed protests, Col. Robert E. Mc-

Mahon declared: "... it is not

the policy of this installation to

stop the casual motorist whose

automobile bears a bumper stick-

er. If, contrary to this policy,

casual motorists were stopped

while passing through the Pre-

. Sidio, it is regretted."

Three Cases

The ACLU had protested to

the Military about three incidents

that had come to its attention.

In the first well-publicized case,

a 16-year-old girl was required to

remove a "Vote Yes on Peace"

bumper sticker from her car be-

fore being allowed to proceed to

her destination.

In the second case, while tak-

ing the Forty-Nine Mile Drive

which goes through the Presidio,

a San Francisco woman and her

children, together with a friend,

were detained by Military Police

until they removed from their

front and rear bumpers small

home-made signs bearing the

word "War."

11%-Hour Detention

The third and possibly most

serious complaint involved a

teacher who was driving through

the Presidio on his way to the

Marina in a Ford Camper with

his two children and a friend.

The back of the camper had on

it a sign reading, "This Family

Supports Peace Not War In Viet-

nam." The group was detained

at the Provost Marshal's office

at the Presidio for more than 1%

hours before they were finally

allowed to leave. The Military

Police took pictures of the chil-

dren, the friend and the camper.

The driver of the car was in-

formed that he was not under

arrest but "under apprehension."

The ACLU furnished the names

of the five Military Police who

detained the group to the Com-

manding Officer. 3

No further incidents have aris-

en during the past' month.

Loss in San

Francisco

Poster Case

San Francisco Superior Court

Judge Robert Drewes has held

that Municipal Code Section 690

is unconstitutional.

- Section 690 makes it unlawful

to place a poster on a public

utility pole without first securing

a permit from the Department

of Public Works. ACLU, defend-

ing two persons arrested for

placing a poster protesting al-

leged police brutality on a util-

ity pole, had asked Drewes to

find the ordinance unconstitu-

tional on its face because it has

no standards to guide the De-

partment in making a determina-

tion whether to grant or deny a

permit.

Judge Drewes did not write an

opinion explaining why he found

Section 690 constitutional. His

decision will be appealed to the

State Court of Appeals.

ACLU Mailing List

Editor: On November 17 I re-

ceived in the mail an ACLU en-

~velope containing a flyer for a

conference-"Challenges to Free-

dom in our Schools,' sponsored

by the Calif. State Bd. of Educa-

tion, the Constitutional Rights

Foundation, and the Calif. Teach-

ers Ass'n.

Nothing was indicated about

the sponsorship or participation

of the ACLU.

If the ACLU was not partici-

pating in this conference, exer-

cising some control over its con-

tent, form, speakers, and so on,

why was the ACLU mailing list

used?

It is my feeling that the ACLU

mailing list should be reserved

for those activities that the

Board of Directors feel strongly

enough about to get itself and

the Organization involved in, and

~ not dilute our efforts on every

"good cause" that comes along,

even though it may have some

relationship to' Civil Liberties...

-Wm. C. McEwan,

San Francisco.

P.O. Revises

its Political

Button Rule

The Post Office has revised its

Code of Ethics to allow em-

ployees to wear "badges, buttons,

and stickers" under certain cir-

cumstances.

Previously the regulation pro-

vided that "an employee shall

not make a partisan display of

any kind, while on duty conduct-

ing public business." The rule

has now been changed to pro-

vide that ``"Employees may wear

a political badge or button .

during the time his duties do

not require him to deal with the

public or be in public view."

Unfortunately, the new regula-

tion does not define what is a

"political badge." Consequently,

the chances are that a political .

badge will be whatever the super-

visor declares it to be. Is a peace

pin a political badge?

ACLU NEWS

JANUARY, 1968

Page 3

Legislative

Program for

1968 Session

The ACLUNC Board of Directors last month approved

the following legislative program for the 1968 session of

the California Legislature:

DEFENSIVE PROGRAM

Once again we shall have to be

alert to attempts to stifle free-

dom of speech. Bills directed at

student demonstrations and mass

demonstrations of all sorts are

bound to find their way into the

hopper. Our specific defensive

program looks a lot like last

year's. That is because we had a

fairly good year last year and we

have not had to shift any of our

defensive program into the af-

firmative area. The specific dan-

ger areas continue to be:

1. The Rumford and Unruh

Acts. Our position will con-

tinue to be that the State

Fair Housing Laws should

- not be weakened.

2. Obscenity. The Los Angeles

District Attorney's office is

already working on an ob-

scenity bill. We will oppose

any changes in the current

law that would broaden the

legal definition of obscen-

ity.

3. Police practices, especially

wire-tapping. The District

Attorney's Association is

drafting a bill that will per-

mit court ordered wire-tap-

ping. We will continue to

oppose any attempts to un-

dermine the right of pri--

vacy.

4. Traffic Law. Bills designed

to shift a significant por-

tion of the present traffic

law system from criminal

to administrative proced-

ures will be introduced

again. To the extent that

any of these changes will

remove vital due process

protections from an accused

we will oppose them.

5. Payment for the services of

a Public Defender - three

bills that would require an

indigent to pay something

for the services of the Pub-

lic Defender were killed in

the last session. Those same

three bills have already

been the subject of an in-

terim hearing by the As-

sembly Criminal Procedure

Committee. We will con-

tinue our opposition.

e

AFFIRMATIVE PROGRAM

We had a number of successes

in this past year but there is

room for improvement in all of

those areas. Additionally we

should plan to convert some of

last year's losses into successes.

1. The introduction of due

process guarantees into:

a. Mental Commitments -

There are still a lot of

bugs in the Lanterman-

Petris-Short Act. Since

this Act does not go into

effect until the end of

the 1968 session we have

an excellent opportunity

to clean it up. Many of

its infirmities were the

consequence of its last

minute passage and can

be cured without a great

deal of difficulty.

b. Parole revocation.

e. Juvenile court system -

AB 1095 introduced sig-

ACLU NEWS

JANUARY, 1968

Page 4

nificant due process

guarantees into the juve--

nile system for first

time. Because of amend- -

ments to the bill in the

Senate, however, juvenile

hearings are not yet

guided by criminal rules

of evidence and criminal

burden of proof. We

should attempt to rectify

that.

d. The Welfare System.

e. Education - We should

try to bring in some due

process to the punitive

aspects of the education-

al system, i.e., an impar-

tial hearing as a condi-

tion precedent to expul-

sions or suspensions. In

those cases where a stu-

dent is accused of violent

or equally disruptive con-

duct immediate suspen-

sion without a hearing

may be necessary, but a

hearing should be held

as soon as practicable.

f. Generally support due

process in administrative

proceedings.

. Bail- We should continue

our support for bail reform

and specifically, support

for the substance of last

Session's SB 1100 (Mos-

eone).

. We should investigate the

possibility of eliminating

bookings where misdemean-

ors are involved.

Ombudsman - Legislation

creating a California Om-

budsman will be introduced

again. We should seriously

consider supporting any

meaningful Ombudsman

bill.

. Arrest records-We should

continue to support legisla-

tion that will inhibit the

distribution of arrest rec-

ords and limit reliance

placed thereon by law en-

forcement agencies.

. Justifiable homicide law -

continue our support for a

change in the present jus-

tifiable homicide law which

permits police officers to

kill any fleeing person sus-

pected of a felony.

. An amendment to Sec. 409

of the Penal Code. Sec. 409

makes it unlawful to fail to

disperse "at the place of

any riot, rout, or unlawful

assembly" after a disperse

warning has been given. We

suggest the following excep-

tion: "Nothing in this sec-

tion shall prevent a duly

authorized representative of

any news service, newspa-

per, radio, magazine, or tel-

evision station or network -

from entering the area

closed pursuant to this sec-

tion." That language is es-

sentially the same as that.

appearing in Sec. 409.5

which permits newsmen to

be present in areas that

have been closed because

of floods, storms, earth-

quakes or other disasters.

. An amendment to the elec-

tion code. Under present

law all candidates, Demo-

crat, Republican and Inde-

pendent, appear on the

same ballot at a_ special

primary election. Any Dem-

ocrat or Republican can get

on that ballot. by securing a

minimum number of signa-

Fed. Court Voids

Civil Service

Questions

Continued from Page 1-

the post he holds.' In the present

-case, plaintiff seeks employment

as a postal clerk. The govern-

ment has not brought forth any:

significant federal interest which

would necessitate the inquiry at

hand. Indeed the government

probably has no interest which

would suffice to override the

First Amendment rights here at

issue as aptly stated by Justice

Douglas in Elfbrandt: `Those who

join an organization but do not

share its unlawful purposes and

who do not participate in its un-

lawful activities surely pose no

threat, either as citizens or as

public employees'."'

The government has until mid-

February to decide whether to

appeal the case, which it prob-

ably will do. Soltar's case was

handled for the ACLUNC by vol-

unteer attorney Jerome B. Falk,

Jr., with the assistance of Staff

Counsel Marshall W. Krause.

Union's Argument.

In addition to the point relied

upon by Judge Wollenberg,

ACLU's memorandum argued

that questions 7 and 8 were un-

constitutionally vague and thus

outlawed by the due process

clause of the Fifth Amendment

because "men of common intelli-

gence must speculate at their

peril on their meanings." The

government had argued that this

case was different from the loy-

alty oath cases because in this

case the government would mere-

ly use the answers to questions

7 and 8 for further investigation

and would draw no inferences

from the answers themselves.

The ACLU memorandum an-

swered that the mere existence

of these questions inhibited the

exercise of freedom of associa-

tion by potential government em-

ployees by requiring them to ab-

stain from perfectly lawful ac-

tivities if they wished to avoid

an investigation.

Job Applicant

Secondly, the ACLU memor-

andum pointed out that in the

case of an applicant for employ-

ment there is no reason given

for an ineligible rating and such

applicants would certainly spec-

ulate that unpopular-associations

were the real reasons for denial.

The ACLU also pointed out that

the government had made no

showing of "need" for the an-

swers to these particular ques-

tions, had made no showing that

they could not narrowly draw

these questions to inquire only

into those unlawful activities

which are the concern of gov-

ernment, and that the govern-

ment had not satisfied accepted

constitutional principles concern-

ing any inquiry at all into the

privacy of political association

of residents of the United States.

Burden on Government.

Mr. Falk pointed out in his

argument before Judge Wollen-

berg that the burden was on the

government to show a compelling

need for this kind of inquiry

and that the need cannot be

Se hypothetical, but must be

real.

tures on his petition. The

Independent, however, must

secure 500 signatures in or-

der to appear on the ballot.

No good reason appears for

this distinction and it re-

sulted in a candidate, Willy

Slocum, being excluded

from the Special Congres-

sional Primary Election in

San Mateo County although

he had obtained more signa-

tures than anybody else. We

suggest that the distinction

on the number of signatures

be eliminated.

9. Abolition of the death pen-

alty.

10. Support reduction in penal-

ties for the crime of posses-

sion of marijuana. It is the

opinion of the board that

the present penalty is ex-

cessive, hence cruel and un-

usual,

Due Process Issues at

S.F. State College

Continued from Page 1-

Trustees of the college system,

Summerskill agreed to schedule

an immediate hearing and rein-

state the two students if the

hearing board did not reach an

immediate decision. A hearing

before the campus board of ap-

peals and review was commenced

on December 1 and only heard

from one witness, at which point

Poland and Paltridge were rein-

stated as students in good stand-

ing pending further decision.

First Amendment

The ACLU has gone on to de-

fend the students at the hearing

on the basis that freedom of

press extends to college news-

papers as well as newspapers

circulated to the general public

and that suspension of students

or any deprivation of their right

to an education because of the

content of student publications

would be censorship in violation

of the First Amendment, ACLU

has pointed out that the campus

community has adequate powers:

to control the content of student

newspapers by setting up stand-

ards in advance for the granting

of funds and for the assignment

and continuation of the editorial

staff. Additional powers of threat-

ening a student's education are

not necessary.

"Unethical Conduct"

The ACLU has also pointed out

that the only charge against

the two students is that they

committed "unethical conduct'

by referring "to a member of this

efaculty in a context which is of-

fensive to this academic com-

munity." There has been some

testimony that the mere refer-

ence to a faculty member as "a

leading intellectual' is offensive

to the academic community, but

it is doubtful that this kind of

reasoning will prevail. Mean-

while, the hearing on the two

students has been indefinitely

postponed pending resolution of

other and more important is-

sues on the campus.

Campus Freedom

It should be noted that Presi-

dent Summerskill has been an

outstanding administrator. in en-

couraging discussion of public

issues on the State College cam-

pus and has the strong support

of the faculty and students con-

cerning his handling of student

demonstrations. He has also ad-

mitted acting precipitously in

the suspension of Paltridge and

Poland and has taken care that

repetition of denial of due proc-

ess in disciplinary matters will

not take place.

Investigation

Meanwhile, Summerskill was

the subject of a special meeting

of the Board of Trustees of the

state college system as to wheth-

er or not he has conducted him-

self well in the matters involv-

ing demonstrations on the State

College campus. Specifically, the

trustees were concerned as to

why he did not call the San Fran-

cisco Police Department to sup-

press the demonstration held on

Wednesday, December 6. Sum-

merskill explained to the trus-

tees that he had the advice and

consent of the police department:

in not calling out uniformed of-

ficers as the best strategy not

to inflame the large number of

persons on the campus and -cause

more than the small amount of

violence which did occur.

Trustees Action

Unfortunately, the Board of

Trustees has adopted a resolu-

tion which reads: "It is the sense

and policy of the Board of Trus-

tees that enforcement of law and

order on state college campuses

is the legal responsibility of local

law enforcement agencies and

officials, that this responsibility

cannot be abdicated by referring

final decisions as to when law

enforcement officials shall move

to enforce law and order to col-

lege officials or to anyone else."

This direction to law enforce-

ment officials to move in on cam-

puses whether or not the admin-

istration thinks police are needed

creates dangerous problems for

academic freedom.

ACLU Policy

It has been strongly attacked

by the Academic Senate of the

State College and conflicts most

.markedly with a recent policy

statement adopted by the aca-

demic freedom committee of the

National ACLU, reading as fol-

lows: "Traditionally, universities

have been self-governing insti-

tutions which have settled their

internal dissensions and diffi-

culties through the process of

discussion and persuasion and,

only when unavoidable, by the

use of campus authority and dis-.

cipline. It is the position of the

academic freedom committee of

the American Civil Liberties Un-

ion that outside police should

not be summoned to a campus to

deal with internal problems un-

less all other techniques have

clearly failed and then only on

_the basis of rules made in ad-

vance with the participation, con-

sultation and, preferably concur-

rence of representatives of stu-

dents and faculty who have been

selected in a truly representa-

tive fashion." The precipitous

action of the college trustees

has certainly called into ques-

tion the long tradition of re

straint shown by civil authori-

ties in interfering with academic

matters.

The first right of a citizen

Is the right

To be responsible

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