vol. 35, no. 2

American

Civil Liberties

Union

Volume XXXV

SAN FRANCISCO, FEBRUARY, 1970

Fed. Court of Appeals

Porterville's

`Lost Soldier'

Discharged

Private Richard G. Beaty, Porterville's "lost soldier', has

come home. Beaty, a draftee and a father of three, spent 17

of his 24 months at home awaiting orders, but when he went

in for his discharge he was told he had to serve another year.

Beaty spent six months in Germany and volunteered for

duty in Vietnam. On November

9 1967, he received orders au-

thorizing a. sixty-day leave to

permit him to visit his family in

California, and instructing him

to report at Fort Lewis, Wash-

ington, but not telling him when

to report.

Attempts to Report

Before the sixty days expired,

Beaty made two efforts to ascer-

tain when he should report. The

recruiting sergeant in Porter-

ville, California, told him to wait

at home for orders, and his par-

ents then called the Classification

and Assignment Center in Wash-

ington and were told that their

son should await further instruc-

tions,

Two months after his leave ex-

pired, Beaty was involved in an

automobile accident, The Cali-

fornia Highway Patrol took him

into custody and turned him over

to the Shore Patrol] at LeMoore

Naval Air Station. Two calls

were made by security personnel

to Fort Lewis, The official re-

port shows that a Sergeant Low-

eral at Fort Lewis stated that

"subject was not AWOL...and

was free to go home and await

orders as before."

Military Disagrees

When Beaty appeared at Fort

Ord in March, 1969, and request-

ed his discharge, the Army

couldn't figure out what to do

with him, so they gave him sev-

eral leaves. His superior officer

recommended, after studying the

case, that he be discharged. The

Sixth Army, at the Presidio,

agreed, But in Washington, the

Secretary of the Army decided

that Beaty was AWOL and ord-

ered him to serve another year.

Lower Court Reversed

ACLUNC then sued in the

Federal District Court in San

Francisco for a writ of habeas

corpus to get him out, contend-

ing that he had followed orders

all the while and that as a mat-

ter of due process he was en-

titled to his discharge. Judge

William Sweigert disagreed, and

refused to issue the writ. But on

December 23 the Ninth Circuit

Court of Appeals ordered Beaty's

immediate release, holding that

he had fulfilled whatever duty

his orders prescribed and, in ef-

fect, that the Army, not Private

Beaty, should suffer for the mis-

take. The Court said:

"The Army lost appellant in

its vast organization. The Army

couldn't find his place in it,

despite his efforts to convince

its representatives something

was wrong...

"The Army should have

caught up with him, It did not

do so....

Back Home and Suing

After Beaty's application for a

writ of habeas corpus was denied

in the Federal District Court, the

Army whisked him off to Viet-

nam where he served as a gun-

ner on an armored personnel

carrier in a combat zone, But in

an unusual move, the Court of

Appeals ordered Beaty's imme-

diate release, bypassing the usual

two-week period before a deci-

sion of that Court takes effect.

Thus Beaty was home again

shortly, and very happy. The 22-

year-old ex-GI, married and the

father of three children, is now

working at a sawmill in Terra

Bella. He is suing the Army for

$3,000 in back pay.

Member Support

Sought for Oak.

Council Meetings

The Oakland Area Council of

ACLUNC has decided to hold its

monthly business meetings at the

same location each month, the

Sumitomo Bank, located at 400

20th Street in Oakland. Meetings

will be held the first Tuesday of

each month, at 8 p.m, All mem-

bers interested in actively par-

ticipating in the civil liberties

struggle, are invited to attend at

any time,

The Council recently held a

successful publie meeting on the

subject of Academic Freedom at

which Dr, Foster, Superintend-

ent of the Berkeley Schools, Dr.

Smith, President of Merritt Col-

lege, and Mr. Seymour Rose of

the Oakland Board of Education,

spoke,

The Council has a number of

active committees, such as Edu-

cation and Welfare problems,

and welcomes suggestions for

more. Although the Council has

active and talented members, it

cannot accomplish its purposes

without assistance from more

. members. Those who wish to be

more than just paper. members

of ACLU, are invited to attend

monthly meetings, or call the

chairman, Mike Coppersmith,

834-2934,

Winners of the

Week-End on

The "Makrele"

The winners of the luxury bay

week-end on the schooner `Mak-

rele," belonging to Carol and

Paul Ammen of the Mt. Diablo

Chapter, were Mrs, Abbie Wil-

liams of Carmel, who won first

prize, and Richard Sandretto of

Felton, who won second prize.

The drawing was a huge suc-

cess. Thus far, $1550 has been

cleared and money for tickets is

still outstanding,

The Chapters were especially

helpful in selling tickets. The

Oakland Council led with 28,

Marin was next with 23, Santa

Clara and Mt. Diablo both sold

14, Mid-Pen and Sonoma sold 7

each, Stockton and San Fran-

cisco 5 each, Santa Cruz 3 and

Berkeley 1. Emily Skolnick of

the branch board sold 25 tickets.

Of course, the board and the

staff are deeply grateful to the

Ammens for making this suc-

cessful fund-raising event possi-

ble, and to Zora. Cheever Gross

for providing the unique tickets.

The proceeds of the drawing

have been ear-marked for the

legislative program.

Board Keeps

Legislative

Program

The ACLUNC board of direc-

tors voted last month to continue

the Sacramento legislative pro-

gram in 1970 and not to drop

other programs which, in the ag-

gregate, cost $7,700.

The board acted after examin-

ing the latest financial informa-

tion which showed that member-

ship income was running 1444%

ahead of last year, that $3,271

was paid or pledged for legisla-

tive work and that the Bay Area

Cruise would bring in an addi-

tional $1,600 for legislative work.

Consequently, the estimated

deficit on the budget of $139,-

485.49 was reduced to $13,066.51.

During January, membership in-

come continued to increase over

last year and for the first three

months of the fiscal year it will

be about 18% ahead of last year,

further reducing the estimated

deficit to $10,000, This compares

with the original estimated defi-

cit of $24,735.49,

While the branch hasn't solved

all of its financial problems, the

picture is much brighter than it

was three months ago. For this

the board and the staff wants to

thank the hundreds of members

who increased their contribu-

tions.

Gala Evening

Cancelled

Regretfully, it was found nec-

essary to cancel the gala evening

with celebrities fund raiser for

the legislative program, due to

arrangements problems, and lack

of support for the event from

the membership. We thank those

of you who purchased tickets or

in other ways aided our attempts

to save the legislative program.

Acquital for Black C.O.

Federal Court

Finds Evidence

Of Racial Bias

Charles Wingfield, a Georgia Black whose lily-white, Ku

Klux-dominated draft board denied his conscientious objec-

tor claim and ordered him to report for induction, has been

acquitted in the Federal District Court on the charge of

failure to submit to induction.

Wingfield was born and raised

in Lee County, Georgia, where

in the early 1960's, he served as

an organizer for the Student

Non-Violent Co-Ordinating Com-

mittee. As a consequence of his

civil rights activities, he was ex-

pelled from high school and his

home was shot into by night rid-

ers, Wingfield fled Georgia in

fear for his life and migrated to

the North, where he finished high

schoo] and entered Antioch Col-

lege.

"Leader of Racial] Trouble"

Wingfield never wavered from

his commitment to non-violence

and, after completing his studies

at Antioch, he filed for conscien-

tious. objector status with his

local, Lee County, draft board.

His local board, a Ku Klux dop-

pleganger, predictably rejected

his application on the ground

that he was an "atheist" and in-

formed his appeals board that "it

is a well-known fact that in our

county he was a leader of racial

trouble."

Chapters

Select New

Chairmen

During the first few months,

board elections have been held

in several Chapters. Chairman-

ships, too, have changed, and we

are pleased to announce the

names of the new Chapter Chair-

men: Berkeley - Albany, William

Riess; Marin, Robert McCreadie;

Monterey, Herb Schwartz; Santa

Cruz, Jacob Michaelson; Sonoma,

Ron Coles.

1970 Membership Campaign

Branch Office Urgently

Needs Volunteer Help

As ACLUNC members are aware, the Branch Office staff

of eight is but the tip of the iceberg of ACLU activities. This

is particularly true of membership recruitment because

ACLUNC's legal caseload alone fully occupies two of the

three secretaries. Processing and maintenance of membership

records take the full time of the

third girl, helped by a small and

indispensable group of regular

volunteers. All extra activity con-

nected with recruiting new mem-

bers is done by volunteers.

We appeal now for additional

volunteers who can give two or

three hours per week to the Of-

fice, starting any time and going

through May, The Office, which

is at- First and Market Streets,

San Francisco, is convenient to

public transportation and is open

9-5 weekdays and unofficially

unti] noon on Saturdays (when

Executive Director Ernest Besig

attempts to catch up with his

work). :

Tasks To Be Done

Tasks to be done in the Office

include: checking names of pros-

pects against the membership

file, typing prospects' names on

stickers, attaching stickers to

cards and envelopes, filing cards,

stuffing envelopes and affixing

stamps. The work is simple, time-

consuming, and endless.

Prospects' Follow-up

Members unable to help the

Office, but willing to assist, are

also needed for the second stage

of the camoaign-the telephone

follow-up of prospects in their

areas of residence, This is an im-

portant part of the campaign

which involves making between

10 and 20 telephone calls, or

three evenings at most,

If YOU are able to help

ACLUNC, please write or tele-

phone Pamela Ford at the Office

(503 Market St., San Francisco;

telephone 433-2750), or fill in and

mail the form below. You will be

contacted - by a volunteer, of

course, and earn our deep grati-

tude.

YES, I will help in the 1970 Membership Drive

Name (please print) _...............

AGOLeSS? 3.6

Street

Siac. Telephones. 00 a.

City

Tee I will help in the ACLUNC Office, San Francisco

Cer: I will telephone

oes up to 10 prospects

as up to 15 prospects

ee up to 20 prospects

The appeals board, also pre-

dictably, affirmed the determina-

tion of the local board and Wing-

field received an order to report

for induction into the armed

forces, As a conscientious objec-

tor, he could not, of course, sub-

mit to induction and, on the ad-

vice of ACLUNC, he had his or-

der to report for induction trans-

ferred to the Bay Area, in which

he hag resided for the past two

years. He appeared at the Oak-

land induction center when in-

structed to do so, refused to sub-

mit to induction and was indict-

ed under the Selective Service

Law,

Unconstitutional Considerations

Wingfield's case was tried be-

fore Federal District Judge Al-

bert C. Wollenberg. The only

evidence against Wingfield was

his Selective Service file and his

attorney, staff counsel Paul Hal-

vonik, argued that the file indi-

cated that the order to report for

induction was void, Atheists, Hal-

vonik contended, could qualify

for conscientious objector status

and Wingfield thus should have

been classified as a conscientious

objector. He further insisted

that the file indicated that the

draft board's judgment was influ-

enced by unconstitutional consid-

erations (ie., Wingfield's race

and Civil rights activities),

Racial Discrimination

Judge Wollenberg, in his writ-

ten opinion acquitting Wingfield,

did not reach the question

whether atheists are entitled to

conscientious objector status, In-

stead, he found evidence of un-

constitutional considerations rea-

son enough to vitiate the order

to report for induction, Judge

`Wollenberg said:

"Defendant also contends

that his Selective Service file

indicates that his local board,

located in Leesburg, Georgia,

improperly discriminated

against his as a Negro who had

been involved in various activi-

ties aimed at ending racial dis-

crimination in his home state.

Appraisal of the record indi-

cates that such unconstitution-

al considerations may have en-

tered into the board's deliber-

ation and that this act alone

supports judgment of acquit-

tal,

Political Rights

In addition to holding that the

possibility of racial discrimina-

tion invalidates an order to re-

port for induction, Judge Wol-

lenberg, as an independent

ground, held that there was evi-

dence to indicate that the draft

board had let its distaste for

Wingfield's politics interfere

with its judgment:

"Nothing in the file indi-

cates that defendant's activi-

ties on behalf of Negro equal-

ity were anything but non-vio-

lent exercise of his clear rights

under the First Amendment to

the Constitution, Denial of C.

O. status because of defend-

ant's exercise of such rights is

clearly illegal...."

Case of First Impression

Wingfield's case is one of first

impression and should have a

significant impact on Selective

Service law. It is the first report-

ed decision in which a draft

board's judgment has been void-

ed on the grounds of racial dis-

crimination,

State Supreme Court

Anti-Hippie Law

May Be Banned

Under RightsAct

Theodore Cox was peacefully drinking a Coca Cola in a

San Rafael shopping center when he was asked to leave by

a security guard. The request was made doubtless because

Cox had earlier engaged in friendly conversation with a

"hippie" who had refused to leave the premises on request.

Cox also refused to leave and

the police were summoned. Cox

Was arrested pursuant to an anti-

hippie ordinance making it a

misdemeanor to refuse to leave

business premises when asked to

do so by the person in charge

thereof.

Contentions

In the Municipal Court, Cox's

attorney, ACLUNC volunteer

Stanley J. Freidman of San

Francisco, contended that the

ordinance was a violation of

First Amendment rights (in that

it gave the police uncontrolled

`discretion to determine who

would use a public forum), void-

for-vagueness (in that it had a

complex list of exceptions by

which no one could guide his

conduct) and dealt with a mat-

ter pre-empted by state law

(trespass).

Court History :

San Rafael Municipal Court

Judge Alvin H. Goldstein, Jr.,

agreed with Friedman, and held

the law unconstitutional. Gold-

stein's ruling, however, was over-

-turned by the appellate depart-

ment of the Marin County Su-

perior Court. Review of that de-

cision was sought by means of

habeas corpus in the California

Court of Appeal which declined

to consider it. Friedman then

filed a habeas writ in the Cali-

fornia Supreme Court which is-

sued an order requiring San Ra-

fael to show cause why the ordi-

nance should not be declared un-

constitutional.

Unruh Civil Rights Act

In a subsequent supplemental

order the Supreme Court asked

counsel for both sides to file

briefs addressed to the question

whether California's Unruh Civil

Rights Act is limited to racial

and cognate discriminations or

prohibits all arbitrary discrimi-

nations in state business estab-

lishments,

_ History Traced

In a lengthy brief prepared

by staff counsel Paul Halvonik,

ACLUNC traces the history of

the civil rights act back to the

last century and concludes that

all arbitrary discriminations by

business establishments are pro-

hibited by state law. The first

civil rights act (of 1893) did not

even mention racial discrimina-

tion. It provided that all per-

sons were to be admitted to

places of public amusement upon

purchase of a ticket unless they

were intoxicated or otherwise a

nuisance, In 1897 an additional

civil rights law was passed that

granted all citizens the right to

free and equal access to places

of public accommodation. In a

separate section the law provid-

ed civil liability for anyone who

denied services because of

"eolor or race, or except for

good cause, applicable alike to

citizens of every race or color

whatsoever." The 1897 law, like

the 1893 law, was interpreted by

the courts to prohibit all arbi-

trary treatment of would be cus-

tomers, not only racial discrimi-

nation.

New Law In 1959

The statutory law remained

substantially unchanged until

1959 when the legislature adopt-

ed the Unruh Civil Rights Act.

The Unruh Act eliminated ref-

ACLU NEWS

FEBRUARY, 1970

Page 2

erence to "public accommoda-

tions" and substituted the broad-

er phrase "business establish-

ments." The new act also elimi-

nated the "except for good cause

language" and it is this deletion

that has led some to speculate

that the law only applies to ra-

cial, religious, and cognate dis-

criminations, ACLUNC's review

of legislative history, however,

demonstrates that this deletion

did not change the law's scope

because the courts had always

looked to the "equality" lan-

guage of the former laws as the

source of the right to be free

of arbitrary discrimination, The

1959 amendments removed a

number of redundancies in the

civil rights laws and, Halvonik

urges, the legislature viewed the

"except for good cause" lan-

guage as but another piece of

surplusage that should be de-

leted in the interests of good

draftsmanship.

The Cox case is scheduled for

argument before the Supreme

Court on February 4.

Refusal To Cut

Hair Upheld By

Fed. Circuit Ct.

The Federal Court of Appeals

for the Seventh Circuit has up-

held the right of public school

students to wear long hair. The

court declared that "the right

to wear one's hair at any length

or in any desired manner is an

ingredient of personal freedom

protected by the United States

Constitution." The case involved

Thomas Breen of Williams Bay,

Wisconsin, who was represented

by ACLU attorneys, The Wis-

consin superintendent of public

instruction has asked the state

attorney general to appeal the

decision to the U. S, Supreme

Court.

No Valid Interest

The court declared that the

school board had not proved a

valid interest in insisting on

short hair. It offered no evi-

dence that long-haired students

had created disciplinary prob-

lems,

"To uphold arbitrary school

rules ... for the sake of some

nebulous concept of school dis-

cipline," said the court, `is con-

trary to the principle that we

are a government of laws which

are passed pursuant to the Unit-

ed States Constitution." High

school students, like adults, are

protected by the Constitution

"from arbitrary and unjustified

government rules."

Schoo] Argument Dismissed

The court further held that

the "in loco parentis" doctrine

is inapplicable because it is im-

possible to comply with a hair

length regulation during school

hours only.

"Although schools need to

stand in place of a parent in re-

gard to certain matters during

school] hours, the power must be

shared with the parents, espe-

cially over intimately personal

matters such as dress and groom-

ing... .(I1)n the absence of any

showing of disruption, the doc-

trine of `in loco parentis' has no

applicability," the court said.

No, Calif, Case

The ACLU of Northern Cali-

fornia won a similar case in the

Party Marks

ACLU's 50th

Anniversary

The American Civil Liberties

Union began observance of its

50th Anniversary on January 21,

with a birthday party at New

York's American Hotel in honor

of ACLU founder Roger Bald-

win.

Earl Warren, Chief Justice of

the United States Supreme Court

(retired) is Honorary Chairman

of the ACLU 50th Anniversary.

Chairman of the Anniversary is

Arthur Goldberg, former Su-

preme Court Justice and United

States Ambassador to the United

Nations, who hosted the birth-

day party in honor of Baldwin.

Roger Baldwin, whose 86th

birthday was January 21, was

Executive Director of the Amer-

ican Civil Liberties Union from

~ 1920 to 1950 and is currently

active as the organization's In- (c)

ternational Work Advisor. Bald-

win founded the ACLU 50 years

ago-January 21, 1920-by call-

ing together a group of friends

and associates (including Jane

Addams, Felix Frankfurter, Hel-

en Keller, Norman Thomas, Clar-

ence Darrow, Eugene Debs, John

Dewey and Morris Ernst) to

form: "A permanent, national,

non-partisan organization with

the single purpose of defending

the whole Bill of Rights for ev-

erybody."

The birthday observance will

launch a year-long 50th Anni-

versary Program for the ACLU.

Purposes of the program in-

clude: Placing emphasis on spec-

ial litigation in pressure points

on civil liberties and engaging

in an expanded program of pub-

lic information and education.

50th Anniversary

Bill Of Rights

Essay Contest

In High Schools

The ACLU of Northern Cali-

fornia is joining with the nation-

al ACLU in sponsoring a civil

liberties essay contest. for High

School students. The winning

contestants will have their es-

says published by Bantam Books.

The grand prize winner will re-

ceive $100 from Bantam, the

next two or three will receive

$75, and $50 will go to the others

whose essays are published, The

contest is part of ACLU's 50th

Anniversary Celebration,

The title for the book and

contest is; SPEAK OUT! The

Bill of Rights: Is It For Real?

An entry for the SPEAK OUT

contest may be in the form of

a statement, a credo, a manifes-

to, a poem, a piece of satire, an

account of what the student has

seen others do to make the Bill

of Rights a reality, or to sub-

vert it.

Additional awards

thern California may be voted

by the branch board of direc-

tors. The matter is on the calen-

dar for the February board

meeting.

In the meantime, chapters are

contacting their school districts.

Lecal contest committees will

screen the entries in the chapter

area and send the winners to the

branch office by April 1 for final

selection by a branch committee.

Judging on the national level

will begin on May 1.

Posters and flyers will be

available in the branch office by

February 1. Further information

concerning the contest can be

secured from Carol Weintraub,

ACLUNC chapter director. (Ph.

433-3750).

U.S. District Court in this area.

Last October 22 the school dis-

trict took an appeal to the Ninth

Circuit Court of Appeal where

the case is now pending.

"very least,

Anti-Draft Demonstrations

Court of Appeal

Refuses Writ to

Stop Prosecution

The California Court of Appeal has refused to issue a

writ prohibiting the Oakland Municipal Court from trying

Alexander Hoffman, a Berkeley attorney, who was arrested

for disturbing the peace, unlawful assembly, and obstructing

a street during the anti-draft demonstrations held in Oakland

in December of 1967. Hoftman

was present at the demonstra-

tions in order to consult with his

demonstrator-clients about their

legal rights,

ACLU Contentions

Staff counsel Paul Halvonik

had asked the Court of Appeal

to prohibit the trial of Hoffman

on the grounds that two of the

statutes he is accused of violat-

ing, the disturbing the peace

and unlawful assembly statutes,

are unconstitutional on their

face and that the third statute,

obstructing a sidewalk, cannot

- constitutionally be applied to an

attorney who is on the street for

the purpose of consulting with

his clients,

"Offensive and Tumultuous"

The breach of the peace stat-

ute, Halvonik maintained, was a

vague and overbroad regulation

of First Amendment rights. The

complaint against Hoffman

charged him with being "offen-

sive and tumultuous." Such a

charge obviously gives the ex-

ecutive almost unlimited power

to harass those with whose con-

duct or morals it is at odds and

permits the government to pun-

ish persons for expressing ideas

obnoxious to the government.

The First Amendment, at the

should protect the

right of. persons to hold and ex-

press ideas that are offensive,

A Prior Decision

The Court of Appeal rejected

this attack on the disturbing the

peace law with a reference to a

November decision by a South-

ern California division of the

Court of Appeal upholding a

charge of `"offensiveness" in a

case in which the defendant had

worn a jacket with the inscrip-

tion "fuck the draft" on the

back, In a most alarming opinion

the Southern California Court of

Appeal rejected the Southern

California ACLU's First Amend-

ment arguments on the theory

that the First Amendment does

not protect anything that is

"likely to incite' people to un-

lawful conduct. .

The thrust of the Courts of

Appeal's decision on the disturb-

ing the peace laws is that one

may be punished if he says

something that is likely to make

somebody angry. The United

States Supreme Court has ruled

directly to the contrary.

Discriminatory Treatment

Halvonik. had challenged the

unlawful assembly statute on

grounds similar to his attack on ~

the disturbing the peace law. An

unlawful assembly, as defined in

the Penal Code, occurs "when-

ever two or more persons assem-

ble together to do an unlawful

act, and separate without doing

or advancing toward it, or do a

lawfu] act in violent, boisterous,

or tumultuous manner. .. ."

Under the terms of the unlaw-

ful assembly statute everyone

who attends a football game is

guilty of unlawful assembly.

Persons are never arrested at

football games, however, while

those who attend rallies promot-

ing unpopular causes are the

only persons who seem to be

arrested for unlawful assembly.

This is an inversion of the

values of our society. Political

expression: is not entitled to less

protection than entertaining and

-Continued on Page 4

for nor-.

Alfred J. Azevedo.

Albert M. Bendich

Leo Borregard

Price M. Cobbs, M.D.

Prof. John Edwards

Jerome B. Falk, Jr.

Prof. Marc Franklin

Robert Greensfelder

Rey. Aron S. Gilmartin

Evelio Grillo

Honorary Treasurer:

Joseph S$. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

Mrs. Margaret C. Hayes

Prof. Carlo Lastrucci

John J. Eagan

Joseph Eichler

Dr. H. H. Fisher

Board of Directors of the American Civil Liberties Union

of Northern California

_ CHAIRMAN: Howard H. Jewel

`VICE-CHAIRMAN: Prof. Van D. Kennedy

Helen Salz

SEC'Y-TREAS.: Howard A. Friedman

EXECUTIVE DIRECTOR: Ernest Besig

Francis Heisler

Neil F. Horton

Bern Jacobson

Daniel N. Loeb

Ephraim Margolin

Dr. John N. Marquis

John R. May

Richard L. Mayers

Martin Mills, M.D.

Mrs. Esther Pike

GENERAL COUNSEL: Wayne M. Collins

STAFF COUNSEL: Paul N. Halvonik

ASS`T STAFF COUNSEL and LEGIS. REP.: Charles C. Marson

ADMINISTRATIVE ASSISTANT: Mrs. Pamela S. Ford

CHAPTER DIRECTOR: Carol R. Weintraub : /

Committee of Sponsors

Mrs, Paul Holmer

Mrs. Mary Hutchinson Prof. Wallace Steqner

Prof. Wilson. Record

Prof. Ernest Hilgard Dr. Norman Reider

Eugene N. Rosenberg

Mrs. Muriel Roy

John Brisbin Rutherford

Prof. John Searle

Warren H, Saltzman

Mrs. Alec Skolnick

Stanley D. Stevens

Jerry Tucker

Justin Vanderlaan

Don Vial

Joe J. Yasaki

Dr. Marvin J. Naman

Mrs. Theodosia Stewart

Rt. Rey. Sumner Walters

Richard Johnston

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Seaton W. Manning

Rev. Robert W. Moon

Clarence E. Rust

Prof. Hubert Phillips

Norman Lezin

2a SSS TSS SA

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California

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Black Panther Hilliard

Prosecution For

Threatening

Pres. Opposed

Federal District Judge Lloyd Burke has ruled that David

Hilliard, Black Panther Chief of Staff, must stand trial under

18 U.S.C. 0x00A7 871, which makes it a felony knowingly and will-

fully to threaten to take the life or to inflict bodily harm

upon the President of the United States. Hilliard was arrested

after remarks made at the war

moratorium rally held at San

Francisco's Polo Field on No-

vember 15 of last year, In the

midst of the speech Hilliard stat-

ed that the Black Panther Party

would kill anyone who stood in

the way of freedom and that "we

will kill Richard Nixon."

Similar Case

Section 871 was held constitu-

tional by the United States Su-

preme Court in the Case of Watts

v. United States. In that case,

however, the Court reversed the

conviction of the man who, like

Hilliard, was addressing a large

gathering and who, like Hilliard,

suggested that he would kill the

President, The young man in

question stated that he was about

to be drafted, that he did not

want to be drafted and "if they

ever make me carry a rifle the

first man I want to get in my

sights is L. B, J.". The United

States Supreme Court reversed

Watt's conviction in a short, un-

signed opinion which said:

"We do not believe that the

kind of political hyperbole in-

dulged in by petitioner fits

within that statutory term....

Fed. Employee

Won't Have To

Work Sundays

A kKeypunch operator at the

Oakland Army Base has been

transferred to other work after

being penalized for refusing to

work on Sundays.

Mrs. Lena V. Williams of Ber-

keley has been employed at the

base for several years. She

claims that when she went to

work it was agreed that she

would not have to work Sundays

because she follows the Third

Commandment by keeping the

. Sabbath holy. She says she is

"a zealous member of the Afri-

can-Methodist Church."

Since last August, when she

refused to work on Sundays, she

received letters of reprimand

which were placed in her file,

then she was placed on leave

without pay for 10 days and

finally suspended from work for

another 16 days. When she was

threatened with dismissal from

her job she turned to the ACLU

for assistance.

ACLU consulted with Manage-

ment and recently she was trans-

ferred to another job which does

not require Sunday work, The

ACLU has also requested that

the disciplinary action against

Mrs. Williams be erased from

her record and that she receive

pay for the time she lost. That

matter is still pending.

We agree with petitioner that

his only offense here was `a

kind of very crude offensive

method of stating a political

opposition to the President'."

Harassment

Since there had been no "gen-

uine" threat to the President, the

Court held, the speech was con-

stitutionally protected. In light

of the Watts decision, the Hil-

liard arrest can only be viewed

as bad faith harassment. This

feeling is confirmed by the in-

dictment the government has

framed against Hilliard; conspic-

uously absent from that indict-

ment is any mention of the cir-

cumstances under which Hil-

liard's remark was made, Because

of the omissions in the indict-

ment, Hilliard's attorney, Charles

Garry, asked Judge Burke to dis-

miss it.

Context of Remarks Omitted

ACLUNC staff counsel Paul

Halvonik joined Garry in that re-

quest, arguing that the indict-

ment, by omitting reference to

the circumstances of the offense,

failed to state the elements of

the offense. "The Watts deci-

sion," he urged, "makes it abun-

dantly clear that no conviction

under section 871 can stand un-

less the circumstances of the

complained-of remark shows that

there has been a genuine threat

to the President. Since a convic-

tion will not stand without such

evidence, an indictment that does

not allege the requisite circum-

stances is infirm because it is the

purpose of an indictment to in-

form the court of the facts al-

leged, so that it may decide

whether they are sufficient in

law to support a conviction, if

one should be had." Judge Burke,

however, ruled that the indict-

ment need not state the context

of the remarks and that Hilliard,

therefore, would have to stand

trial,

No Immediate Danger

ACLUNC will continue its

amicus support for Hilliard's de-

fense, No one can seriously con-

tend that his remarks were a

genuine threat to the President

or that there was any clear, pres-

ent and immediate danger that

the words he uttered would pro-

duce unlawful action from the

crowd he addressed. In fact, the

crowd was displeased by and hos-

tile to his remarks. Doubtless

`Hilliard's statement was obnox-

ious to most people, including

ACLU members. But the consti-

tution does not protect only those

ideas which are congenial or un-

offensive to most people or to

ACLU. And it is ACLU's mission

to defend all expression protect-

ed by the United States Consti-

tution,

Unneeded, Unwanted

AN ASSEMBLYMAN from Orange County, Robert H.

Burke, is plugging for a constitutional amendment to re-

quire State employees to take loyalty oaths. He is confident

that the oath he proposes would get around a Supreme

Court decision holding the old California loyalty oath invalid

and that it would prevent the hiring of Communists in

State government, State colleges and the University of

California.

Possibly Assemblyman Burke may not have read that

loyalty oaths have lately been entirely abandoned by the

Federal Government and have thus gone out of fashion.

Government employees are no longer obliged by the Civil

Service Commission to sign loyalty oaths. Federal or local,

they are unneeded, unwanted and probably unconstitutional.

Orange county should look around for something else to

contribute to the public weal.-Editorial, San Francisco

Chronicle, Jan. 9, 1970.

Santa Cruz

Chapter `Bash'

Set for Feb. 14

The Santa Cruz County Chap-

ter of ACLUNC has announced

its first social-fund raising event

of the year, the traditional Lin-

coln's Birthday Bash, A wine

tasting party, accompanied by an

auction of miscellaney donated

by those attending is to be held

on Saturday, February 14th at

the home of Mr. and Mrs, Sam-

uel Bloom at 210 Kenneth Drive,

Aptos. Members are asked to

bring friends who are prospec-

tive members. Plans for an

ACLU Workshop Series will be

explained, as well as other ideas

to develop participation by

members.

New Officers

The Board of Directors, which

meets each first Thursday of

each month at the Area Service

Center at 1307 Seabright Ave.,

Santa Cruz, recently elected a

new slate of officers for 1970:

Chairman, Jacob Michaelsen;

Vice Chairman; John Shumaker;

Secretary, Dodie Johnston;

Treasurer, Samuel Bloom; Mem-

bership Chairman, Edithe Couey;

Program Co-Chairmen, Joan

Thigpin and John McBain, Stan

Stevens continues as the Chap-

ter's representative to the

Branch Board of Directors. Mr.

Eric Nordquist of Aptos was re-

cently elected to fill a vacancy

on the Santa Cruz Chapter

Board,

Two-Thirds

Bond Vote

Attacked

ACLUNC has filed an amicus

brief in the State Supreme Court

supporting a challenge to the

legality of the requirement of

the state constitution that gen-

eral obligation bonds of cities,

counties and schoo] districts

must be approved by a _ two-

thirds vote of the electorate be-

fore they can be issued.

Dilution of Vote

Mayor Alioto' office and the

others involved in the case have

argued by analogy to the reap-

portionment cases that the two-

thirds requirement dilutes the

value of a "yes" vote so that

it is worth only half of a "no"

vote, and that this dilution is

prohibited by the Equal Protec-

tion Clause of the Fourteenth

Amendment,

ACLU Position

ACLUNC, while endorsing

this theory, has offered a slight-

ly different interpretation of the

Equal Protection Clause. The

brief, prepared by Charles Mar-

son and Paul Halvonik with the

Marijuana Smoking

Challenge

Dismissal Of

Nicasio Teacher

In 1967 Malcolm Melkonian was convicted of an offense

involving sale, possession and use of marijuana. Prior to

sentencing his attorney introduced into evidence 4,000 affi-

davits about the nature of marijuana. One of those affidavits

was signed by Garnet Brennan, teacher-principal of the

Nicasio School. In her affidavit

she stated that:

"Marijuana is not harmful to

my knowledge, because I have

been using it since 1949, al-

most daily, with only beneficial

results, It has a relaxing effect

when tenseness is present, my

depth of perception has been

increased, this carries over in-

to times when I am not under

the influence of marijuana....

I have been smoking one or

two marijuana cigarettes every

evening, sometimes more if

school is not in session."

"Immoral Conduct" Alleged

The San Francisco District At-

torney's office brought Garnet

Brennan's affidavit to the atten-

tion of the school board. Mrs.

Brennan was almost immediately

dismissed by the board pursuant

to an Education Code section

providing for termination when

a teacher has engaged in "im-

moral conduct."

Mrs, Brennan, represented by

San Francisco attorney Stewart

Weinberg, contested her termina-

assistance of Professor Anthony

Amsterdam of Stanford, argues

that it violates Equal Protection

to isolate the voting interests of

a particular group or class and

then place special hurdles in the

way of the realization of. that

interest in the law-making proc-

ess. Thus since local legislation,

and even other types of long-

term indebtedness, can take ef-

fect either on the majority vote

of the governing body or the ma-

jority vote of the electors, the

placing of a two-thirds hurdle

in front of those seeking schools

and parks is no more permissi-

ble than requiring a special elec-

tion for fair housing ordinances

(a case already decided by the

United States Supreme Court).

Far-Reaching Affect

If the Court rules favorably,

the immediate result will be the

issuance of bonds for schools

and parks in San Francisco and

schools and a swimming pool in

Sutter County. The long-term re-

sult will be extensive, since

many bond issues garner a ma-

jority but fail the two-thirds re-

quirement,

S.F. Council Meeting Feb. 8

Membership To Hear Phil.

Burton, Morrison and Marson

Enthusiastic about their newly-granted Council status,

the San Francisco proisionary chapter has announced a men-

bership meeting for Sunday evening, February 8. The sub-

ject, which wil] cover the most vital and controversial civil

liberties issues, will be: The Fight For Civil Liberties

Through Legislation. There will

be a discussion, and speakers

involved on all three levels of

government will be present.

Jack Morrison, former mem-

ber of the San Francisco Board

of Supervisors.

Charles C, Marson, ACLUNC

Legislative representative in

Sacramento,

Congressman Philip Burton,

San Francisco representative

to the U. S. House of Repre-

sentatives,

The meeting, admission free,

will be held at 7:30 p. m. at

the Urban Center, St. Mark's Lu-

theran Church, 1101 O'Farrell

St. (at Franklin). All San Fran-

cisco ACLU members are urged

to attend, and to become active

in their newly-formed Council.

The several established com-

mittees are seeking active par-

ticipants. Every ACLUNC mem-

ber in San Francisco concerned

about civil liberties in his city is

urged to join one or more com-

mittees, since it is there that the

rea] work of the Council will be

done, There are also additional

slots on the Board of Directors.

A list of committees, together

with the chairman's telephone

number, is being mailed to each

member. Further information can

be obtained from the ACLUNC

office, or through the Council

chairman, Bob Clement (567-7747

evenings, or 823-2590 days). Be

more than a nominal San Fran-

cisco member of ACLU: become

active in your newly-formed

Council!

tion in the Marin County Supe-

rior Court. :

Superior Court Judge Samuel

Gardiner upheld the school

board's determination in an opin-

ion that stated:

"This court is not disposed

to interfere with the decision

made by the board and feels

that the expression used in the

Education Code is sufficiently

broad that a board of educa-

tion may properly find that any

action of a teacher or principal

is `immoral conduct' which is

knowingly and_ intentionally

done by him or her, if it is

incompatible with the duties

and obligations of that teacher

toward his or her pupils. The

board in this case has so

found."

Amicus Brief Filed

Weinberg has appealed Judge

Gardiner's ruling to the State

Court of Appeal and staff coun-

sel Paul Halvonik has filed a

friend-of-the-court brief urging

reversal,

ACLUNC contends that Garnet

Brennan's dismissal is unconsti: -

tutional because 1) marijuana '

use is not immoral conduct with-

in the meaning of the Education

Code; 2) there is no evidence es-

tablishing that Garnet Brennan's

affidavit of marijuana use ad-

versely affected her relations

with her students; and 3) the

phrase "immoral conduct" is un-

constutionally vague as applied

to Garnet Brennan's case.

Not Base, Vile or Depraved

In order for conduct to be

deemed "immoral" within the

meaning of the Education Code,

prior cases have held, the alleged

conduct must be an act of base-

ness, vileness or depravity. There

is nothing base, vile or depraved

about the use of marijuana. Mari-

juana, the experts agree, is a mild

euphoric that, unlike alcohol, has

no potential for altering one's

personality and, unlike alcohol

and tobacco, is not addictive.

Marijuana use is illegal, but the

words "illegal" and "immoral"

are not synonymous, To charac-

terize marijuana use as "de-

praved" is absurd.

Teaching Not Affected

But even if marijuana use

could be described as a "vile"

activity, it would not be "im-

moral conduct" within the mean-

ing of the Education Code. In

November of last year the State

Supreme Court held that a teach-

er's credentia] could not be re-

voked for "immoral conduct"

simply because he had engaged

in "homosexual" activity. The

phrase "immoral conduct" would

be unconstitutionally vague, the

Supreme Court held, if it could

be applied to any conduct

deemed objectionable by govern-

mental officials, Consequently, in

order for conduct to be deemed

"immoral" it must be shown that

it adversely affected the teach-

er's professional abilities. The.

reasoning in the "homosexual"

case, Halvonik contends, requires

reinstatement of Garnet Bren-

nan, for there is no evidence that

her affidavit of marijuana use

had any affect upon her profes-

sional abilities, As to the vague-

ness of the Education Code's in-

terdiction of "immorality," the

brief maintains that Mrs. Bren-

nan was not given a standard by

which she could guide her con-

duct.

ACLU NEWS

FEBRUARY, 1970

Page 3

Calif. Court of Appeal

Unemployment

Benefit For

Hirsute Argued

The State Department of Employment denied Stephen

Spangler his unemployment insurance benefits on the

ground that, by growing a beard, he had made himself un-

available for employment. This "finding was made in the

face of the fact that Spangler's local employment office in

San Rafael had never received

any requests from employers for

a manufacturer's representative,

which is Spangler's profession.

A suit asking that the Depart-

ment of Employment pay Spang-

ler his benefits was brought in

San Francisco Superior Court by

staff counsel Pau] Halvonik in

October of 1968. San Francisco

Superior Court Judge Raymond

Arata ruled adversely to Spang-

ler in April of last year and his

decision was appealed.

No Evidence

ACLUNC has now filed its

brief in the Court of Appeal on

Spangler's behalf. In that brief,

Halvonik points out that there

is no evidence to support the Su-

perior Court decision that em-

ployers wishing to fill the posi-

tion of manufacturer's rep-

resentative are ill-disposed to-

wards beards. Since there has

never been a request made for a

manufacturer's representative,

Fred Muller

Gets His

License

Fred Muller applied for a ra-

dio-telephone third class opera-

tor permit from the Federal

Communcations Commission and

was informed by them that "ad-_

ditional information is needed

before taking action. with re-

spect to the application." The

additional information sought of

Mr. Muller was whether he has

ever been a member of the Com-

munist Party or advocated over-

throw of the government of the

United States. Mr. Muller re-

fused to reply to the questions

and asked staff counsel Paul

Halvonik to represent him in

negotiations for the license.

Halvonik wrote to the FCC

complaining that: "the informa-

tion requested is information to

which the government is not en-

titled; indeed the Constitution

prohibits, because of its chilling

effect on the exercise of First

Amendment rights, the asking of

such questions. The new admin-

istration has expressed its con-

cern for maintaining law and or-

der. With that in mind I should

think that government agencies

would wish to set a good exam-

ple,

The letter was sent to the

FCC last March and there has

never been a response. Fred

Muller, however, did receive a

response last month. His license

arrived in the mail.

Court of Appeals

Refuses Writ

Continued from Page 1-

commercial expression,

"Tendency to Incite"

The Court of Appeal rejected

the attack on the unlawful as-

sembly law by reasoning that

assemblies were only unlawful

if they offend other persons and

have a "tendency to incite others

to violence" and that the law

could thus properly be applied

to political rallies and not to

football games.

ACLUNC will ask the State

Supreme Court to review and

reverse the Hoffman decision.

ACLU NEWS

FEBRUARY, 1970

Page 4

the Superior Court's conclusion

is "mere speculation" and lacks

the essential "factual premises"

necessary to sustain a denial of

unemployment insurance bene-

fits.

Prejudiced Employers

`Moreover, even if it could be

shown that Spangler's beard

made him undesirable to some

employers, ACLUNC maintains

that, nevertheless, his unemploy-

ment insurance benefits could

not lawfully be withdrawn from

him. "The prejudices of employ-

ers against beards can no more

serve as a predicate for the with-

drawal of public benefits than

could the prejudices of employ-

ers against members of racial

groups or religious sects."

Arbitrary Action

A 1963 United States Supreme

Court opinion held that a state

could not condition the receipt

of unemployment insurance ben-

efits on the waiver of one's reli-

gious rights. In that case a state

employment commission had

found a woman "unavailable for

work" because her religion pro-

hibited her from working on Sat-

urdays; the Supreme Court held

its action an unconstitutional in-

fringement of her First Amend-

ment rights. A California court

has held that the wearing of a

beard is personal expression pro-

tected by the First Amendment

to the United States Constitution.

These two cases, Halvonik ar-

gues, coalesce and "lead ineluct-

ably to the conclusion that the

withdrawal of unemployment. in-

surance benefits from Spangler

was arbitrary, unlawful and un-

constitutional."

Service Academies

Compulsory

Chapel

Challenged

Last month the American Civil

Liberties Union went into fed-

eral court in Washington, D. C.,

to stop the three U. S. military

service academies from forcing

cadets and midshipmen to at-

tend religious services against

their will. Failure to comply

with compulsory church or chap-

el attendance regulations is

stringently punished by academ-

ic penalties, area confinements,

extra duty tours, and can result

in expulsion.

Class Action

The class action suit by the

seven Naval Academy midship- -

men and one West Point cadet

on behalf of all midshipmen and

cadets at the service academies

was the culmination of a year-

long fruitless effort by the

ACLU to induce the military

services to change their regula-

tions,

Establishment Clause

The complaint states that the

regulations requiring mandatory

attendance at religious services

violate the First Amendment's

prohibition against an establish-

ment of religion and interfere

with religious freedom of the

cadets and midshipmen. Since

they are officer-candidates, the

regulations also violate Article

VI of the Constitution which for-

bids a religious test `as a quali-

fication for any office or public

trust under the United States."

Rest on Everson Case

The pleadings quote the clear-

cut statement of the United

States Supreme Court in the

1947 Everson case that neither

a state nor the Federal govern-

ment "can force nor influence a

person to go to church against

his will or force him to profess

a belief or disbelief in any re-

ligion, No person can be pun-

ished ... for church attendance

or non-attendance." The court

challenge is not to the avail-

ability of religious services but

only to the compulsion to at-

tend.

California Legislature

Faces An Election Year

The 1970 Regular Session of the Legislature has opened,

and will bring as much variety-if not as much confusion-

as last year.

Overshadowing everything is the fact that it is an election :

year, which means that legislators are quick to avoid anger-

ing vocal elements of their con-

stituencies. It is an especially

important election year, since

the 1971 Legislature will, using

the 1970 census figures, reappor-

tion the Legislature for the com-

ing decade. The Republicans, in

control of the Assembly (41-39),

the Senate (21-19), and the

Statehouse, are rumored to be

willing to expend astronomical

sums in key districts to secure

and enlarge those margins,

Leading Issue

It is not surprising that the

single leading issue, judging

from the early bills, will be en-

vironment, Every legislator, re-

gardless of party, wants his

name on an environment bill. It

is the 1970 equivalent of moth-

erhood-everyone will favor it.

Whether the resulting legisla-

tion has any teeth remains to be

seen,

Loyalty Oaths

Running a close second in the

early legislation is the loyalty

oath, with its several variants

(conditions of employment,

criminal penalties, etc.) Perhaps

because of Angela Davis, this

subject will be ACLU's leading

problem this year. Closely re-

lated are problems of tenure;

both libera] and conservative

legislators are so _ dissatisfied

with it that they may abandon

it entirely.

On the law-'n-order front, the

wiretapping/eavesdropping prob-

lem is back, and rumor has it

that the bill may this time have

the votes to get out of the Crimi-

nal Procedure Committee, If it

does, a bruising fight on the

Assembly floor will occur, The

outcome is in doubt.

Mass Assembles

Rock festivals and the Viet-

nam Moratorium have given rise

to an interest among several leg-

islators in "regulating" mass as-

semblies by requiring their or-

ganizers to indemnify local agen-

cies for the cost of policing or

patrolling the event and requir-

ing "security" (one bil] proposes

a maximum of five million dol-

lars) for such costs. They are

all patently unconstitutional.

Positive Side

On the positive side, bills will

be offered to reduce marijuana

penalties, abolish the death pen-

alties and reform the probation/

parole process. In the current

climate their prospects are not

good, Like last year, this year's

emphasis will be defensive.

The "thirty-day" rule'-a rule

prohibiting committee considera-

tion of most bills until 30 days

after introduction-has kept the

Legislature quiet in January,

writing bills and restructuring

committees. In early February,

the committee process will begin.

Some Agencies Balk

Federal Loyalty

And `Strike' Job

Oaths Outlawed

Several months ago the U.S. Civil Service Commission

quietly informed all Federal departments and agencies that

prospective employees would not have to swear they "assert

the right to strike' or join organizations that "assert the

right to strike" against the government, or that they do not

advocate or belong to organiza-

tions that advocate "the over-

throw of our constitutional form

of government."

Despite the Commission's an-

nouncement, many agencies are

still demanding and receiving

the outlawed affidavits. Indeed,

in the Palo Alto area an ACLU

volunteer attorney recently as-

sisted an employee in resisting

demands that she sign the affi-

davits.

Loyalty Oath Decision

The loyalty oath was struck

down in the case of Roma Stew-

art, a Washington, D.C. school-

teacher, Last June 4 a special,

three-judge Federal court struck

down the loyalty provisions be-

cause of "the impact of their

sweeping overbreadth on First

Amendment freedoms." No ap-

peal was taken by the Corpora-

Proposal By

Sheriff To Limit

Free Speech

Sheriff A. B. Cottar of Siskiyou

County has proposed a strange

ordinance to regulate public

meetings, parades and loud

speakers which seriously limits

freedom of speech, The Sheriff

claims .the ordinance is aimed

at stopping disturbances in

schoois and colleges, but the only

college in the county is within an

incorporated area, and, therefore,

not subject to the ordinance.

Under the proposal, any as-

sembly of more than 25 persons

on any street or in any park re-

quires a permit from the Sheriff.

The application must specify the

time and place of the meeting

"Shall be accompanied by a cer-

tificate signed by at least (3) rep-

utable residents of the County,

certifying to the good moral

character and reputation of the

person or persons making the ap-

plication. No permit shall be

granted to any person who does

not bear a good character and

reputation for peace and quiet in

the neighborhood in which he re-

sides."

The Sheriff would also have

complete discretion to issue or

withhold permits for loud speak-

ers and amplifiers.

Only funeral processions would

be exempt from the parade per-

mit requirements. Moreover, no

one would be allowed to play a

musical instrument of any kind

on public streets and in parks or

"public places" witkout first se-

curing a permit. Thus anyone

who played a harmonica in a pub-

tion Counsel of the District of

Columbia and the decision, there-

fore, became final. On Septem-

ber 29 the commission acquainted

Federal agencies with the court's

decision.

Last fall, a three-Judge federal

court, in the District of Celum-

bia, invalidated a Post Office em-

ployment oath and correspond-

ing statutory provision, The stat-

ute applies to all federal em-

ployees. The court attack was

confined te the speech and as-

sembly provisions and not te the

statutory ban on striking.

"Strike" Decision

The U.S, District Court stated:

"Where freedoms of expression

and association are involved, the

threat alone of loss of job, crim-

inal sanction or other penalty,

may inhibit, or `chill' their exer-

cise... Who can ever say whether

the oath may inhibit persons

from joining a collective bar-

gaining agent, through which

they might more effectively work

for improvements in the terms

and conditions of their employ-

ment, The statute and oath com-

bined may also inhibit a variety

of other activities, on and off

duty, protected by the First

Amendment, including legislative

effort on behalf of the right to

strike, group discussion, and le-

gitimate protest short of an ac-

tual strike. By contract, similar

activities opposing the right to

strike are in no way inhibited or

restricted."

Levering Act Problems

Similar problems are constant-

ly arising with respect to the

Levering Act oath of non-disloy-

alty which was outlawed by the

courts. State agencies, from time

to time, use the obsolete loyalty

form and discard it only when

they are challenged,

If ACLU members hear of any

Federal agencies using the out-

lawed loyalty and "strike" forms

they should at once inform the

branch office and remedial ac-

tion will be taken.

lic place would violate the law

unless he had a permit,

"Tt is difficult for us to be-

lieve,' said Paul Halvonik, ACLU- |

NC staff counsel, "that any gov-

ernment body in the United

States would seriously consider

introducing a police state by re-

pealing the cherished American

rights of free expression or that

a sheriff, of all people, would en-

courage such lawlessness."

As the "News" goes to press,

the proposed ordinance is under.

consideration by the Board of

Supervisors.

The first right of a citizen

Is the right

To be responsible

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