vol. 48, no. 1

Primary tabs

Volume XLVIIl


Random strip searching of visitors at


the Martinez Jail is now prohibited by an


order issued by Contra Costa Superior


Court Judge Martin Rothenberg as a re-


sult of an ACLU lawsuit. _


The ACLU suit, Luke v. Contra


Costa, was filed in June on behalf of two


women visitors to the jail who were strip


searched without their consent and with-


out cause. Karen Luke was seven months


pregnant at the time of the search.


Shirley Banks was forced to submit to a


body cavity search.


"Because visitation is a right, subject


to necessary security restrictions, prison


officials may condition visitation on a


strip search only when such search meets


reasonable standards under the Fourth


Amendment,'' Judge Rothenberg wrote


in his December 1 decision.


He issued an injunction enjoining pri-


son officials from conducting strip


searches of jail visitors without reason-


able `suspicion that the visitor is conceal-


ing contraband or weapons and


mandated the following requirements:


-a written statement of the facts war-


ranting `reasonable suspicion' be pre-


pared by jail officials at the time of the


search;


clu new:


January-February 1983


Jail Visitors Strip Searches Halted |


-consent be given by the subject of the


strip search; and


-all evidence and consent forms be kept


as part of the official records of the


Sheriff's Department.


The case is being handled by ACLU-


NC cooperating attorneys Gary Green-


field and Charles Rice of the San Fran-


cisco law firm of Shartsis, Friese and


Ginsburg and ACLU staff counsel Alan


Schlosser.


"The procedural requirements neces-


sary for a strip search as outlined by the


superior court will be a monitor on the


conduct of jail officials,' Greenfield


explained.


"The very fact that jailers have to


meet all these conditions before they


conduct a strip search will probably serve


to limit strip searches only to situations


where they really have adequate consti-


tutional grounds,'' he added.


The ACLU is also asking $1 million in


damages for each woman. The claim for


damages and for a permanent injunction


is still pending :


The ACLU-NC still has two other


strip search cases pending in the courts,


Penny v. Fremont and Scott v. Oakland.


Both cases challenge the practice of strip


Michael Mille


Shirley Banks was strip searched whe


she visited her fiance at the Martinez


Jail. Random strip searches are now pro-


hibited as a result of an ACLU challenge.


searching persons picked up for minor


infractions and without reasonable


suspicion `to assume that they are carry-


ing contraband.


Marchers Sue over Police Fee


Can demonstrators be charged for police services?


On December 9, the ACLU filed a suit


in U.S. District Court demanding that a


fee for police services imposed on or-


ganizers of a march for disarmament in


Novato be refunded and that the ordin-


ance under which the fee was charged be


declared unconstitutional.


Imposing such fees on First Amend-


ment activities, the suit claims, not only


illegally limits free speech rights but also


places an unfair burden on groups which


cannot afford to pay such fees. The No-


vato ordinance contains no provision to


exempt indigent groups.


Last spring, the Ad Hoc Committee


for Nuclear Disarmament, a grassroots


organization in Novato, scheduled a


march and rally for June 5 to express


support for the United Nations Special


Session on Disarmament and _ bilateral


nuclear weapons freeze.


When Committee members applied


for a permit from the City of Novato to


use the public sidewalks for their peace-


ful march, they were told that they


would be required to cover the costs of


paying police officers overtime to moni-


tor the march, and for a rider to the


city's insurance policy.


In order that the march proceed as


scheduled, two representatives of the


Committee delivered, under protest, a


check to cover the police services of


$201.80 and insurance payment of $125.


The march and rally took place as


scheduled on June 5, with approximately


100 people in attendance. It was entirely


peaceful, and there was no obstruction


of traffic, property damage or violation -


of the law. Subsequently, the City of


Novato refunded $42 of the police ser-


vices fee and $70 of the insurance fee,


thus leaving $214 unrefunded.


continued on p.3


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(1983 :


Board


Elections


As provided by the ACLU-NC by-


laws, revised in 1980, the ACLU-NC


membership is entitled to elect its


1983-84 Board directly. The Nominat-


ing Committee is already seeking sug-


gestions from the membership to fill


at-large positions on the Board.


_ ACLU members may participate in


the nominating process in two ways:


1. They may send suggestions for


the Nominating Committee's consi-


deration before April 1, 1983. (Ad-


dress suggestions to Nominating


Committee, ACLU-NC, 1663 Mis-


sion St., S.F., CA 94103. Include


your suggested nominee's qualifica-


tions and how the nomineee may be


reached.)


2. They may submit a petition with


the signatures of 15 current ACLU


members. Petitions for nominations,


which should also include qualifica-


tions, must be submitted to the Board


of Directors by Wiay 23, 1953 (20 Gays


after the May Board meeting.)


(Current ACLU members are those


who have renewed their membership


during the last 12 months. Only cur-


rent members are eligible to submit


nominations, sign petitions of nomin-


ation and vote.)


ACLU members will elect Board


members from the slate of candidates


nominated by petition and by the


Nominating Committee. The ballot


will appear in the June issue of the


ACLU News.


The following by-laws govern the


ACLU-NC Board of Directors nom-


inating process:


ARTICLE VII, SECTION 3: The


final report of the Nominating Com-


mittee to nominate members-at-large


to the Board shall be presented at the


May Board meeting. Members of the


Board may propose additional nom-


continued on p. ey


Lair Smyser


aclu news


jan-feb 1983


by Evvie Rasmussen


On January 19 the ACLU-NC will


argue in U.S. District Court that the


Adolph Coors Company has no legal


right to obtain membership information


from Solidarity, a San Francisco-based


gay rights organization which is active in


the boycott against Coors.


In December, a district court magis-


trate ruled that Solidarity must provide


the Coors Company with the names of


all members who have been active in


boycott activities, in Coors' $145,000


antitrust suit against Solidarity and the


AFL-CIO Coors Boycott Committee.


The magistrate also granted Coors the


right to obtain the identities of contri-


butors to Solidarity, minutes of Soli-


darity's meetings, and other information


concerning the group and its activities.


The company contends that Solidarity,


the Northern California Chapter of the


AFL-CIO Coors Boycott Committee


and two of the Committee's employees


violated the Sherman Antitrust Act by


conspiring to restrain trade and reduce


competition in the brewing industry.


Coors is suing to restrain the parties


from: interfering with Coors' business


and is claiming punitive and compen-


satory damages of $145,000.


ACLU-NC cooperating attorney


Arthur Brunwasser and staff counsel


Margaret Crosby are representing


Solidarity. Union attorneys are repre-


senting the boycott committee and its


agents.


At the December hearing, Coors also


asked for and was granted reimburse-


ment for the cost of asking the magis-


trate for a ruling on the constitutional


issues of privacy and associational free-


The Adlolph Coors Company is suing to get the names of members of Solidarity,


x



me


So.


2:


So;


SS


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a gay rights organization, who are active in the Coors boycott.


dom. The ACLU-NC had refused to


turn over Solidarity's records without a


court order.


"These sanctions punish people for


raising consitutional issues,'' said


Crosby. Agreeing that it sets a dangerous


precedent, Brunwasser added that if the


order holds, anyone who raised a consti-


tutional defense could be held liable for'


the opponent's attorneys fees.


Privacy threat


The privacy issue is central to the case.


"We knew when we took the case that


Coors was asking for this type of in-


formation,'' Crosby said. ``We felt that


this probe, totally apart from the rest of


the case, presented a real threat to


as associational freedom.


"People won't join controversial or-


ganizations if they feel threatened in this


Professor Fights Stanford over Free


The case of Bruce Franklin, the first.


and only tenured professor at Stanford


University to be fired for speeches made


during the height of campus anti-Viet-


nam war protests, has reached the Court


of Appeal after a decade of arbitration


and litigation.


The ACLU's 150-page brief, filed in


December in the First District Court of


Appeal, claims that the University's


firing of Franklin was in violation of his


First Amendment rights.


According to ACLU staff counsel


Margaret Crosby, who with staff counsel


Alan Schlosser is representing Franklin,


`*This is a significant stage in the case as


it is the first time that the constitutional


issue of free speech will be debated be-


fore an appellate court.


"During a decade of litigation, before


university faculty committees and in Su-


- perior Court, the Stanford administra-


tion has attempted to create a false his-


tory concerning the events that triggered


Professor Franklin's dismissal,'' she


continued. ``Indeed, Bruce Franklin has


been depicted in Stanford's briefs as


something of a mythic figure, an armed


warrior single-handedly turning a tran-


quil campus into a charred battleground.


"But this is not a case about violent


action. This is a case about free speech.


This is a case about academic freedom,"'


Crosby added.


The ACLU's representation of Frank-


lin began in 1972 after the University's


faculty Advisory Board recommended


that Franklin be fired for four speeches


that he made during campus protests and


the University implemented that deci-


sion. The ACLU filed suit for his rein-


statement, declaratory relief, back pay


and damages in Santa Clara Superior


Court.


In 1978, Superior Court Judge John


A. Flaherty ruled that two of the four


speeches were protected by the First


Amendment and ordered that the Ad-


visory Board rehear the case and _ re-


evaluate the punishment of dismissal.


In May, 1980 the Advisory Board,


after a perfunctory rehearing in which


only written testimony was allowed,


unanimously recommended that Frank-


lin's firing be reaffirmed. Finally, in


May, 1981 the superior court judge


entered his final judgment - determin-


ing solely whether the University abused


its discretion in dismissing Franklin.


Professor Bruce Franklin's firing was


legal, the court stated.


"The record in this case compels the


conclusion that Franklin was fired for


his constitutionally protected speech and


ideas,"' Crosby said, ``and it is the duty


- of the court to bar punishment for dis-


_sident speech and controversial beliefs."'


The ACLU brief also contends that


the disciplinary rules which Stanford


used to dismiss Franklin ``utterly lacked'


clarity and specificity as applied to


speech,'' and are therefore unconstitu-


tionally vague. In addition, the brief cites


testimony of Stanford faculty members


way,'' she said. ``Gay rights organiza-


tions are the type of group particularly in


need of protection.


"Upon disclosure of homosexuality,


people often lose their jobs and some-


times custody of their children. Society


continues to discriminate,'' Crosby said.


Solidarity officer Timothy Moore


agreed. To surrender the membership list


would be a violation of what the group


represents, he said. ``People came to


Solidarity because they felt' frustrated


with the system. It would be unwise of us


as leaders to release our members' names


-if they saw it was that easy to be ex-


posed, they'd be unlikely to join a group


again."'


- The action arose out of a successful


effort by the AFL-CIO Coors Boycott


Committee to discourage KQED tele-


Speech Firing


that the standards were never intended to


permit firing for political speech.


In upholding Franklin's termination,


the brief claims, the trial judge failed to


scrutinize the record under the stringent


standard demanded of courts which have (c)


found that a firing resulted in part from


constitutionally protected speech.


Rather, the judge essentially ruled that


Stanford did not act irrationally in its


second decision to discharge Franklin in


1980. se


`Firing is a common, though illegal,


fate for speakers whose political views


are anathema to their employers,"'


Schlosser said. ``Ironically, the motto of


Stanford University is `the wind of free-


dom blows.'


"In the case of Bruce Franklin, it


seems the wind of freedom blew too hard


for the Stanford administration,"' he


added.


| Furor Brews over Coors Suit Against Gay Group


vision from holding a special ``Coors


Day'' as part of its annual auction. The


suit names Howard Wallace, who repre-


sented the boycott committee at a meet-


ing with KQED officials in May 1981.


The KQED event was subsequently


cancelled.


`Solidarity, which supports the Coors


boycott because of its disapproval of the


company's labor policies and right-wing


political activities, produced a leaflet


urging the boycott of Coors products.


Wallace brought a copy of the leaflet to


the KQED meeting. Although a member


of the group, Wallace was not repre-


senting Solidarity at the meeting.


The leaflet was Solidarity's sole in-


volvement in the KQED incident. The


ACLU-NC is arguing that the First


Amendment protects individuals and


groups who produce a publication from


liability for its use by others.


Wallace did nothing that was not pro-


tected by the First Amendment, Crosby


explained, but even if he had, Solidarity


would not be responsible. A unanimous


Supreme Court decision recently de-


clared the NAACP could not be held


liable for illegal acts by a few of its


`members in support of a boycott during


the civil rights movement.


**You can't put a whole movement out


of business because of activities of some


of its members,"' she said. `"That would


be a great tool - enemies of an organi-


zation could infiltrate and cause trouble.


It's important that associations not be


penalized."' -


"This suit is simply a means for


- Coors to learn details of the boycott of


its products,'' Brunwasser said. The


issue, he added, is whether members of


the community can advocate an econom-


ic boycott without fear of being sued for


large sums of money - whether a large,


wealthy corporation `"`can try to sniff


out members of the community who


don't like their labor practices."'


``Antitrust laws certainly shouldn't be -


used to impose huge fines for the publi-


cation of a leaflet,' Crosby commented.


`The laws are designed to prevent com-


petitors from predatory or monopolistic


practices. Coors is using them to silence


a community group which is protesting


what it sees as unfair labor practices and


the use of profits for right-wing causes.


Solidarity only wants to ask people not


~ to spend their money to subsidize those


activities. This is classically what the


First Amendment was designed to


protect.


`*As the courts have recognized, con-


sumer boycotts for political purposes


have a long-standing tradition in


America - going back to the Boston tea


party,'' Crosby said.


ACLU News volunteer Evvie Rasmus-,


sen is a local public information


specialist.


aclu news


8 issues a year. monthly except bi-monthly in January-February, June-July,


August-September and November-December


Second Class Mail privileges authorized at San Francisco, California


Published by the American Civil Liberties Union of Northern California


Davis Riemer, Chairperson Dorothy Ehrlich, Executive Director {


Marcia Gallo, Chapter Page iy)


ACLU NEWS (USPS 018-040)


1663 Mission St., 4th floor, San Francisco, California 94103. (415) 621-2488


`Membership $20 and up, of which 50 cents is for a subscription to the aclu news


and 50 cents is for the national ACLU-bi-monthly publication, Civil Liberties.


Elaine Elinson, Editor


aclu news


jan-feb 1983


High Court Affirms Inmates' Free Press Rights .


The California Supreme Court ruled


in December that Department of Correc-


tions regulations concerning prison


newspapers must take prisoners' First


_-Amendment rights into account.


The long-awaited ruling came in the


case of Bailey v. Loggins, a dispute over


prison officials' censorship of the Sole-


dad Prison's inmate-run newspaper, the


Star News, which began in 1977. The 4 -


3 favorable high court decision had an


immediate impact in a separate ACLU


prison news censorship suit concerning


the Vacavalley Star at the California


Medical Facility in Vacaville.


The ACLU's amicus brief in Bailey


was written by ACLU cooperating at-


torneys Zak Taylor and Peter Goodman


of the San Francisco law firm of Bro-


beck, Phleger and Harrison and staff


counsel Alan Schlosser. The same team


of attorneys is representing Vic Diaz,


editor of the Vacavalley Star.


The Supreme Court decision based the


parameters of prison news censorship on


Penal Code 2600, the statute governing


the rights of inmates in California pri-


sons. ``By [this] statute,'' the opinion


states, ``prisoners retain all rights en-


compassed under the heading of the free-


dom of the press in the First Amendment


to the U.S. Constitution and Article I,


Section 2 of the California Constitution,


except to the extent that such rights must


be curtailed for institutional security and


public safety.


"The state, having opened a forum


for the expression of ideas, may not pre-


vent members of its public from using


the forum because the state disapproves


of their beliefs or the content of their


expression,"' the court states.


Noting that the current Department of


Corrections guidelines and institutional


practices are so vague as to unconsti-


tutionally limit inmates' expression, the


high court calls for ``regulations to be-


drafted with sensitivity to First Amend-


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ment values, and with a view to avoiding


restrictions unnecessary to any institu-


tional or penalogical purposes."'


The Supreme Court in Bailey also up-


held the lower court's ruling that the ad-


ministrative appeal process for censored


articles must be expedited, so as not to


unnecessarily delay publication of the


newspapers.


The December 10 decision was written


by Justice Allen Broussard, and signed


by Justice Cruz Reynoso. Chief Justice


Bird and Justice Frank Newman filed


brief concurring opinions. Justices Frank


Richardson and Stanley Mosk argued in


dissent that inmates have neither a


constitutional nor a statutory right to


publish their articles in a prison news-


Paper Defeats Police Libel Suit


Eight years ago, San Leandro police


officer Goerge Gomes sued The Friday


Observer for allegedly libeling him in an


editorial critical of local police.


The $170,000 libel judgment awarded


to Gomes after a six-day jury trial would


have put the small family-run newspaper


out of business - had the ACLU not


stepped in to appeal.


The appeal was handled by ACLU-


NC cooperating attorney Steven Barnett,


a law professor at Boalt Hall and ACLU


staff attorney Amitai Schwartz.


In December 1982, the California


Supreme Court refused to hear Gomes'


appeal of the appellate court's October 1


reversal of the libel judgment, and the


case of The Friday Observer chalked up


another ACLU victory for freedom of


the press.


Staff attorney Schwartz explained that


the case was significant for several


reasons.


"At an early stage of the appeal,"'


Schwartz said, ``we were able to obtain a


stay of the payment of the judgment


while the appeal was pending. Everyone.


knew that if the father-and-son team


which publishes the paper was forced to


pay the judgment or put up a bond for


double the amount of the judgment, they


would have been put out of business.


`"We argued that payment of damages


in a libel suit before all appeals are ex-.


hausted is an unconstitutional prior re-


straint of the press.


``The October decision of the Court of


Appeal,'' Barnett said, ``reached two


important conclusions. For the first


time, a California appellate court ruled


that street-level police officers are con-


sidered public officials for the purposes


of a libel suit. This means that they, like


other public officials, must prove that


false statements were made knowingly or


`in reckless disregard of the truth - in


order to recover for libel,'' he said.


The Court of Appeal, citing an Illinois


case, stated, `"The abuse of a patrol-


man's office can have great potentiality


for social harm; hence public discussion


and public criticism directed towards the


performance of that office cannot


constitutionally be inhibited by threat of


prosecution under state libel laws."'


Barnett noted that the appellate


court's decision that an individual who


attempts to sue a newspaper for libel


must make a specific demand for retrac-


tion or else forfeit the claim was also


significant.


The Observer had run an editorial


"Keeping the Peace,"" accompanied by


several captioned photographs, including


one of Gomes. The appellate court wrote,


"The request for a retraction referred


only to statements [in the editorial], and


did not mention either the photograph


or its caption. Under these circum-


stances, the publisher could not be ex-


pected to comprehend from the letter


that Gomes also was requesting a retrac-


tion of an admittedly accurate photo-


graph and its caption.


``We conclude that since the demand


for retraction failed to specify with par-


ticularity the only potentially libelous


part of the article, the photograph and


its caption, Gomes... could not re-


cover general damages,'' the court


added.


paper. Justice Otto Kaus wrote a


separate dissent.


Immediately following the Bailey


decision, the Department of Corrections


sought to overturn the preliminary in-


junction which kept CMF officials from


censoring the Vacavalley Star. They ar-


gued that as the Supreme Court had in-


dicated that a prison ``need not establish


any publication whatsoever,'' there was


no need for further court supervision or


protection of the newspaper.


However, at a hearing on January 11,


Judge William Jensen of Solano County


Superior Court, refused to vacate his


earlier order preventing the Star from


being closed or censored.


According to cooperating attorney


Goodman, ``Judge Jensen ruled that the


Star will continue to publish under the


protection of court order. We are very


pleased that the judge interpreted Bailey


in a manner consistent with ours - and


did not agree with the state's tortured


reading of that decision as a basis to


close down prison newspapers."


Editor transferred


There was one setback, however, in


the case of Diaz v. Watts which occurred


at the January 11 hearing. For many


months, the prison administration has


been attempting to have Victor Diaz, the


inmate editor of the Vacavalley Star


transferred from CMF to another state


prison.


The ACLU has consistently fought the


transfer, arguing that the transfer would


be another form of harassment of the


inmate newspaper which officials have


Novato Marchers


from p. 1


When the Committee applied for a re-


fund of the entire fee paid, the City of


Novato informed them on September 28


that their claim had been rejected.


ACLU-NC cooperating attorney Eric


Neisser, who with ACLU staff coun-


sel Margaret Crosby is handling the case


for the Committee, said, ``The Novato


ordinance authorizing the imposition of


fees for insurance and police coverage as


a condition of the Committee's right of


free speech and assembly is clearly


unconstitional.


`"`Moreover,'' he added, ``the city's


practice of charging higher rates for in-


surance and police coverage to groups


holding `political' rallies than to groups


involved in less political or less contro-


versial types of activities is a violation of


the equal protection clause of the


Constitution."


Neisser, a professor of law at Stanford


University who was assisted by students


at Stanford's Civil Litigation Clinic,


pointed out that the Novato case is


particularly important because there are


no published judicial precedents which


directly decide whether a police services


fee may be imposed on groups for First


Amendment activities. There have been a


few decisions on the insurance issue,


most notably the ACLU's Skokie case


where the insurance requirement was


struck down by the federal courts. |


`"`This case is significant as a barom-


eter for the ability of political activists to


freely demonstrate to air their grievances


-particularly in this period of economic


distress,'' Neisser commented. ``We are


already witnessing that as the economy


worsens, political dissent becomes more


widespread - and protection of free


shut down, censored, and delayed over a


- two-year period.


At the January hearing, Judge Jensen


finally approved the transfer of Diaz


from CMF.


`*We understand the reluctance of the


judge to interefere with Diaz' transfer,


but we still wish he had done otherwise,"'


Goodman said. It is clear to us that Diaz'


transfer was treated differently than


other prisoners' and we fear that the -


transfer will give the state the oppor-


tunity to indirectly muzzle the Star now


that they have been denied the ability to


directly close it down or censor it.


`"We.are confident, however, that the


judge will continue to hold the paper


under protection of the law. Now that


the inmate population and other Star


subscribers are used to the outspoken


newspaper, we know that they won't


take any official harassment of the paper


lightly,'" Goodman added.


Ironically, editor Diaz is being trans-


ferred to Soledad.


ACLU's defense of the Star began two


years ago when the paper was shut down


by prison officials. Although the ACLU


won an injunction to reopen the paper,


prison officials have continually delayed


and interfered with production of the


paper. In August, a Department of Cor-


rections directive shut down the Star and


all other state prison newspapers claim-


ing financial considerations. As a result


of work by the ACLU and Assembly-


man Art Agnos, that directive was lifted


within a week and the prison papers


reopened.


Sue


speech rights becomes increasingly


- crucial.


"The government cannot doubly


burden people who want to express their


dissent by putting an expensive price tag,


on freedom of expression.


`Unless the Novato ordinance is


~ struck down, the prospect of having to


pay similar fees as a condition to


gathering in a public forum in Novato


will surely deter the Committee for Nu-


clear Disarmament and others from or-


ganizing such gatherings in the future,'':


Neisser concluded.


The ACLU suit asks the court to de-


clare the Novato ordinance unconstitu-


tional and to issue an injunction pro-


hibiting the City from requiring the pay-


ment of police services or the purchase of


insurance as a condition of the exercise


of the rights of free expression and


assembly.


In addition, the suit seeks a refund of


$214.80, the amount paid under protest


to the City of Novato by the Committee


for Nuclear Disarmament as a condition


to obtaining the march permit.


The defendants named in the suit are


the City of Novato, the members of the


Novato City Council, the Novato Police


Chief and the Public Works Director.


The case will be heard by U.S. District


Court Judge William Ingram.


aclu news


jan-feb 1983


ACLU-NC LEGISL


AISKAIAG PREQICTIONS


There's little cause for rejoicing over


the 1981-82 Legislative Session. Some of


the worst attacks were turned back. For


example, overt attacks on the indepen-


dence of the judiciary - on which the


defense of the rights of individuals is


keyed - were defeated. Similarly, vir-.


_ tually all attacks on the right of procre-


ative choice were blocked, as was most


of the Moral Majority agenda, which


had seemed such a potent force after the


1980 election.


On the other hand, Prop 8, passed by


the voters in June, wiped out two years'


successful effort turning back the most


egregious ``anti-crime"' proposals affect-


ing evidence, proof of guilt and pre-


sumption of innocence. Though the


- courts may trim that measure's worst ex-


cesses, for the moment the legal nihilists


dance their fool's jig in the light of day.


The ACLU also spent a great deal of


effort trying to turn back irresponsible


efforts by police organizations to stifle


citizen complaints. One bill which would


have made it a crime to file a ``false''


complaint was stopped. But a second bill


allowing civil retaliation for complaining


passed in the last minutes of the session.


_Most ``successes'' are qualified. The


ACLU spent two years in negotiations


trying to stop a dangerous attack on free


speech by people whom we normally


count as friends. Senator Diane Watson


introduced SB 267 for use against the


KKK and other hate groups, but in its


earliest forms it gave the Attorney Gen-


eral and district attorneys the authority


to seek injunctions against any group


from ever meeting - impacting not only


the Klan, but also environmental organ-


izations, anti-nuclear and anti-draft


efforts, and anyone feeling compelled by


Reaganomics to organize in defense and


protest. Senator Watson amended the


bill to avoid that result, after persistent


lobbying. The bill which passed allows


courts to issue injunctions against spe-


cific speech which a court is persuaded


will imminently lead to violence. Even


that measure will inevitably lead to


trouble down the line for ACLU liti-


gators. But, like Pac-Man, our success


this past session is measured by the


amount of white dots we were able to


gobble before being zapped.


That is not to say that civil libertarians


did not have some clear victories. Re-en-


actment of a criminal libel law was


stopped; another attempt to facilitate


DA use of criminal law for collection


efforts against AFDC recipients was


blocked; and renewed attempts to lock


up juvenile runaways and truants in jail


facilities bit the dust after intense state-


wide lobbying.


The Coming Session |


Predicting what the coming Session


will be like is risky. Almost the entire cast


of characters in California government


will change.


Governor Jerry `Biown will be re-


placed by George Deukmejian. Deuk-


by Brent Barnhart


ACLU Legislative Advocate


mejian will be replaced as Attorney Gen-.


_ eral by John Van de Kamp. Assembly


Speaker Willie Brown and Senate Presi-


dent pro tem David Roberti remain the


legislative leaders, but otherwise the


legislative scene will be significantly dif-


ferent. Fully a fourth of the Assembly


membership will be. new to the Legis-


lature, the Senate will see many new


faces, and many of civil liberties' most


dependable supporters - Alan Sieroty,


Howard Berman, and Mel Levine - will


no longer be in Sacramento.


On those occasions that Governor


Brown was an adversary, it was either to


avoid political repercussions (such as


being labeled ``soft on crime''), or be-


cause his role as state government's ex-


ecutive: officer placed him in the path


between state agencies and civil liberties'


interests. There was never any doubt that


Jerry Brown firmly believed in freedom


of expression, that he was pro-choice,


and that he was intrinsically resistant to


overt use of government power as a re-


pressive instrument.


Deukmejian, on the other hand, holds.


very sincere views antithetical to those of


the ACLU in almost every sphere. He is


best described as Reagan without a sense


of humor. ``Deuk'' has been one of the


death penalty's most ardent proponents,


and believes sophisticated electronic spy-


ing and surveillance devices are just the


thing to eradicate crime and political


dissention. He is anti-choice and thinks


most welfare recipients are unworthy


parasites who should be cut from the


public dole.


Deukmejian shows no patience with


restraint upon government, and no indi-


cation that he has any grasp of how


fragile personal freedoms are. As A.G.


he showed no more concern for the re-


ligious freedom of the largely conserva-


tive membership of the Worldwide


Church of God, than he showed for


Mendocino property owners who were


the objects (or bystanders) of Deuk's


flack-vested helicopter-borne marijuana


attack teams.


Rumors emanating from Deuk's


transition team indicate that they'll move


immediately to implement the death pen-


alty as speedily as possible, and that they


would like to reinstate ``midnight raids"'


on AFDC mothers (to catch men in their


homes) which both the U.S. and Cali-


fornia Supreme Courts condemned 15


years ago.


With solid Democratic majorities in


both houses, Deukmejian should be able


to make very little significant change


through legislation. The most outra-


geous proposals (like those of former-


Governor Reagan) can be blocked.


More dangerous for civil liberties will


be his control of California's state


agencies such as Health Services, Mental


Health, Social Services, Employment


Development and Fair Employment and


Housing. By executive order and by


regulation, Deuk's appointees can slowly


and insidiously chew away at civil liber-


ties protections. With Washington con-


trolled by Reagan, Deukmejian's being


in control in Sacramento is especially _


bad news at a time when so many are


homeless, unable to pay outrageous


health costs and out of work.


New Attorney General


John Van de Kamp should be a com-


petent and professional attorney general,


who uses that office to good advantage


in the sorely neglected area of civil rights.


But from the standpoint of ACLU's


legislative program, Van de Kamp will be (c)


a tougher opponent than his predecessor.


Deukmejian's legislative program was so


ideologically rigid, that his lobbyists had


very little success.


As L.A. District Attorney, Van de


Kamp was no stranger to Sacramento,


lobbying legislators personally and by


phone. He came to testify often on in-


creased determinate sentences, limiting


the diminished capacity defense, and


limiting use of the exclusionary rule.


We can expect, therefore, the Attorney


General's legislative efforts on criminal


matters to be far less ideological, and far


more telling. While Democratic legis-


lators were seldom disposed to vote for


A.G. packages which would help the po-


litical aspirations of Younger and Deuk-


mejian, they will be much more reluctant


to run down one of their party's most


important elected officials. The effect is


to short-circuit much of the built-in resis-


tance of liberal Democrats to law en-


forcement proposals which erode the


rights of individuals.


Likely Proposals


On the top of the legislative agenda will


be implementation of Prop 8. Dry and,


complex stuff - but it forms the blue-


print for civil liberties for decades. May


police use evidence they secure by bug-


ging people's homes and offices? May


cops use surreptitious cameras and two-


way mirrors to spy on people in public


restrooms? May polygraph evidence be


used in court? May motorists be strip-


searched when stopped for routine traf-


fic violations?


On the abortion front, pro-choice ad-


~ vocates will be confronted with a hostile


Administration, but the Assembly ma-


jority remains staunchly pro-choice. And


even the Senate, which has rivaled the


federal forum for the stridency of anti-


choice rhetoric, has seen significant


changes.


One danger zone in the coming session


will be civil liberties reverses impacting


poor people. With the state in severe


economic distress, and with Deukme-


jian's Administration drawing up the


Budget, those most likely to be kicked


~ aside will be the poor and disabled. In


past years, attempts to peel away essen-


tial rights and protections have been


countered very effectively by the legisla-


tive staffs of CRLA and other publicly


funded poverty law organizations. But


the Reagan Administration may have


demolished their legislative presence in


the state capitals, leaving the work to.


ACLU, the Friends Committee on Legis-


lation and other private groups.


AB 732 (Montoya) - Informed Consent


Would have imposed ``informed con-


sent'' requirements which amount to a


check-list of dissuasion as a prerequisite


to performing an abortion. Also would


have prohibited the performance of an


abortion until 24 hours after giving writ-


ten consent.


Action: Passed Senate; died awaiting ac-


tion in Assembly Judiciary.


ACLU: Opposed


SB 1807 (Speraw)


AB 3766 (Sebastiani) - Student re-


strictions


Each would have prohibited school


employees from allowing a minor pupil


to leave school for the purpose of having


an abortion. The effect would have been


to require schools to impose a sweeping


surveillance of female students to avoid


liability.


Action: SB 1807 was defeated in Assem-


bly Education. AB 3766 died awaiting


action in Senate Judiciary.


ACLU: Opposed


SB 2065 (A. Garcia) - Fetus viability


Would have established ``viability'' of


fetus at 20 weeks, effectively prohibiting


`all abortions after 20 weeks except to


e save the life of the mother. (c)


Action: Defeated on Senate floor.


ACLU: Opposed


Workers'


Rights


AB 1985 (Johnston) - Harassment


Makes it an unlawful employment


practice to harass an individual, know-


ingly permit, or fail to take precautions


to prevent harassment on the basis of |


sex, race, age, etc.


Action: Signed by the Governor.


ACLU: Supported


AB 2694 (M. Waters) - Whistleblowing


Would have made it an unfair labor


practice for an employer to retaliate


against an employee for communications


with a public agency.


Action: Passed Assembly; died in Senate.


ACLU: Supported


Juveniles


SB 396 (Nielson)


AB 3156 (Konnyu) - Juvenile detention


. Current law prohibits putting run-


aways, truants and incorrigibles (i.e.,


non-criminal juveniles) in locked facili-


ties. These bills would have allowed


``bootstrapping,''(R) - status offenders


could be placed in locked facilities if they


violate any juvenile court order.


Action: SB 396 defeated in Assembly


Ways and Means; AB 3156 defeated in


Seante Judiciary.


Action: SB 396 defeated in Assembly


Ways and Means; AB 3156 defeated in


Senate Judiciary.


ACLU: Opposed


SB 649 (Ellis) - Raising penalties


Raises current assault and battery pen-


alties from a misdemeanor to a ``wob-


bler'' (felony-misdeameanor) if the as-


sault victim is a school teacher, counselor


or administrator.


Action: Signed by the Governor.


ACLU: Opposed


SB 1351 (Presley) Marijuana penalties


Enhances penalties for possession of


marijuana on school grounds while


school is open. Prevents the destruction


of arrest and conviction records for


marijuana-related offenses occurring


prior to January 1, 1976.


Action: Signed by Governor.


ACLU: Opposed


Mental


Health


AB 351 (D. Stirling) - 6 month Com-


mitment


Amends LPS Act to expand court-or-


dered commitment from a maximum of


90 days to 6 months. Also changes the


standard from ``imminent threat of sub-


stantial harm to others'? to ``demon-


strated danger of substantial physical


harm to others."'


Action: Signed by the Governor.


ACLU: Opposed


Church/State


SCA 40 (Robbins) School textbooks


The California Supreme Court recent-


_ly held that loans of public school text-


books to private schools violates


Church-State provisions of the Cali-


fornia Constitution. This resolution


would amend the state Constitution to


make it permissible.


Action: Passed both houses; defeated on


November ballot.


ACLU: Opposed


Police


AB 2579 (Konnyu) - Cruising ordin-


ances


An appellate court recently held in an


ACLU case that cities and counties are


preempted by state law from enacting


anti-cruising ordinances which are more


restrictive than the state Vehicle Code.


This bill empowers local authorities to


enact ordinacnes which prohibit ``repeti-


tive driving'' past a control point after


written notice to drivers.


Action: Signed by the Governor.


ACLU: Opposed


AB 3348 (Weyman) - Mandatory testing


Expands California's implied consent


law to include mandatory testing for any


_ drug whatsoever. The person arrested is


required to submit to either a blood or |


urine test to determine unspecified


``drug'' content of his or her blood.


Action: Signed by the Governor.


ACLU: Opposed


SB 63 (Presley) - Police complaints


Would have made it a misdemeanor to


file a ``false'' complaint against a police


officer.


Action: Died awaiting reconsideration in


Assembly Criminal Justice.


ACLU: Opposed


SB 1025 (Robbins) - Police complaints


Amends current absolute privilege


from defamation lawsuits for remarks


made in official proceedings, to create an


exception for ``communication'"' alleging


police officer misconduct on a complaint


form, or in any administrative or court.


proceeding concerning discipline or em-


ployment of that officer.


Action: Signed by the Governor.


ACLU: Opposed


First


Amendment


ACA 74 (Agnos) - Political defamation


This bill asks voters to pass a law


which would provide for an elected of-


ficial to be removed from office upon a


judicial finding that he or she attained


the office by defaming his or her oppo-


nent. The removal would occur after all


appeals had been exhausted.


Action: Passed both houses and enrolled


for ballot.


ACLU: Opposed


SB 267 (Watson) - Violent groups


Empowers individuals to seek an in-


junction against advocacy of violence if


that advocacy is likely to produce im-


minent and unlawful infliction of serious


bodily injury or death.


Action: Signed by Governor.


ACLU: Opposed


SB 393 (Russell) - Obscenity standard


Replaces current statutory obscenity


standard (proof that the writings or film


be ""`utterly without redeeming social


importance'') with a broader standard -


that the matter be "`lacking in serious


literacy, artistic, political or scientific


value."'


Action: Passed Senate; died awaiting


consideration in Assembly Criminal e


Justice.


ACLU: Opposed


SB 1847 (Maddy) - Criminal libel


Under current law, there are no crim-


inal penalties for defamation. All sanc-


tions are civil sactions sought by the indi-


vidual. This bill was an attempt to reen-


act a criminal libel statute.


Action: Passed Senate; defeated on As-


sembly floor.


ACLU: Opposed


Voting Right


AB 2949 (Alatorre) - Bilingual Ballots


Contains provisions exempting re-


quests _ for bilingual ballots from the


operation of the Public Records Act.


Action: Signed by the Governor.


ACLU: Supported


Webfare


Rights


AB 2953 (Wray) - Criminal Prosecu-


_ tion


(R)


criminally without first having to seek


(c) restitution.


; Action: Defeated in Assembly Ways and


Means.


e ACLU: Opposed


Under current law AFDC recipients


must be given the opportunity to make


restitution for overpayments. This bill


would have allowed DA's to prosecute


' Justice


aclu news


jan-feb 1983 -


AB 610 (Berman) - Patients records


Guarantees patient access to medical


records upon presentation of a written


request and payment of reasonable cleri-


cal costs. Amended in Senate to limit in-


spection of mental health records to li-


censed M.D.'s or licensed psychologists.


Action: Signed by the Governor. _


ACLU: Supported |


AB 2735 (Moore) - Cable TV Privacy


Prohibits cable television systems


from violating the privacy rights of their


subscribers using interactive cable services


such as ``two-way'' communications,


and from disclosing names and addresses


of subscribers without their consent.


Action: Signed by the Governor.


ACLU: Supported


_ AB 2897 (Roos) - Cable TV Privacy


Prohibits cable television companies


from monitoring individual viewing


practices or disclosing individually iden-


tifiable information about a subscriber


without express written consent.


Action: Signed by the Governor. (c)


ACLU: Supported


Criminal


AB 2340 (D. Stirling) - Jury Selection


Would have abolished attorney voir


dire in picking criminal juries, and re-


_placed it with judge voir dire as in the


federal system.


Action: Failed Assembly Criminal Jus- :


tice upon reconsideration.


ACLU: Opposed


AB 2426 (Lehman) - Discretionary


appeals


Would have reversed the automatic


appeals process and made appeals from


criminal convictions discretionary.


Action: Died awaiting interim study


from Assembly Criminal Justice.


ACLU: Opposed


SCA 7 (Presley) - Exclusionary rule


Would have amended California Con-


stitution to provide that evidence could


not be excluded in a criminal action un-


less required by decision of the U.S.


Supreme Court or by statute.


Action: Passed Senate; died awaiting


action in Assembly Criminal Justice.


ACLU: Opposed


SCA 10 (Presley) - Preventive detention


Would have expanded provisions of


the recently enacted Proposition 4. Bail


could be denied upon proof of ``danger-


ousness'' of anyone accused of any fel-


|ony, not just violent felonies or those in


`which a witness is threatened.


e Action: Passed Senate; died awaiting ac-


tion in. Assembly Criminal Justice.


(R) ACLU: Opposed


Privacy


Fr


6 aclu news


jan-feb 1983


Martinez Honored, Wicker Keynote at Rights Day


"One thing that we-must not fall err


to,'' warned Bill of Rights Day keynote


speaker Tom Wicker, ``is the notion that


we can solve the crime problem with a


quick fix or a short cut.' With a


thoughtfulness and depth that has been


honed by over twenty years of analysing


political and social problems as colum-


nist and Associate Editor of the New


York Times, Wicker blasted some of the


"neoconservative myths'? about the


causes of crime and asked that we ``ap-


proach the crime problem with the idea


that there really is something wrong with


our society."'


Tom Wicker - Keynote speaker.


The ACLU-NC's tenth annual Bill of


Rights Day Celebration at the Sheraton


Palace Hotel on December 5 attracted


more than 800 ACLU members and sup-


porters. The ACLU presented Vilma


Martinez with the Earl Warren Civil


Liberties Award for her decade of lead-


ership of the Mexican American Legal


Defense and Education Fund


(MALDEF) and ACLU-NC volunteer


Miriam Rothschild was honored with the


Lola Hanzel Advocacy Award.


person be an extraordinary human being


just to have a job and a decent life.''


Wicker also laid out a substantial ar-


gument against the death penalty, noting


that the only proven deterrent to crime is


swift and certain punishment. ``Nothing


is less swift and less sure than the death


penalty,'' he said.


Executive Director Dorothy Ehrlich


gave a sobering rundown of the work of


the ACLU-NC in 1982 and the chal-


lenges facing the organization in the


coming years with ``two hostile adminis-


trations, one in the White House and one


in Sacramento.


`*This government which promised to


get off the backs of the people, is


actually turning its back on the people,"'


Ehrlich said, adding that the coming


period will ``test our 62 years of experi-


ence, and business will surely boom at


the ACLU."'


When ACLU Vice-Chair Dick Criley


presented the Lola Hanzel Advocacy


Award to Miriam Rothschild, he called


her ``indefatigable, creative, versatile."'


Rothschild, a tireless activist against


the death penalty whose battle against


political repression dates back to the Mc-


Carthy era, paid tribute to Lola Han-


zel's decade of volunteer service to the


ACLU-NC and encouraged ``anyone


with a moment to spare'' to `spend it


volunteering for the ACLU.


President and General Counsel of


MALDEF Joaquin Avila introduced the


Earl Warren Civil Liberties Award win-


ner, his predecesser at MALDEF Vilma


Martinez. Citing Martinez as a ``tough,


smart, dedicated: leader,'' he. noted :that


her work at MALDEF ``made a lot of


people proud, and a lot of oppo-


nents angry."'


Among Martinez's accomplishments,


Avila said, were her victories in bilingual


education, voting rights, employment


opportunities, and a long and difficult


fight against widespread police brutality


in Latino communities.


Miriam Rothschild, congratulated by ACLU Vice-chair Dick Criley and Frank


Wilkinson, Executive Director Emeritus of the National Committee Against


Repressive Legislation, (1.-r.) for winning the Lola Hanzel Advocacy Award.


Calling for ``drastic changes in the


economy,'' Wicker asked people to


recognize that there is a `low-grade, un-


admitted class war in this country."'


"This is not a classless society,'' he


said. ``There is a constant juxtaposition


of poverty with so much visible afflu-


ence. This leads to people thinking, "This


is not a society in which I have a stake,'-


and if those conditions continue, crime


will continue to grow."'


To overcome conditions of poverty, a


person ``has to be extraordinary,"


Wicker added, ``It's a lot to ask, that a


Spirited American folk tunes from the


Bluestein Family closed the evening


celebration.


The Bill of Rights Day Celebration is


the culmination of the annual fund-rais-


ing drives of the ACLU-NC. The funds


raised will support the continuing legal


program of the ACLU-NC Foundation.


as ACLU-NC Chairperson Davis


Riemer told the Bill of Rights Day cele-


brants, `"Today we can look back at the


past decade - at our successes and set-


backs - and once again rededicate our-


selves to the task that lies ahead."'


Vilma Martinez (r.), former president of MALDEF, was honored with the Earl


Warren Civil Liberties Award. Former ACLU chair Drucilla Ramey presented


the award.


Saving a Voice for Women


by George Kelly


The ACLU is fighting an effort to


muzzle the California Commission on


the Status of Women.


In a friend of the court brief filed with


the state's Third District Court of


Appeal in Sacramento, the ACLU-NC


and Equal Rights Advocates, Inc., argue


that the Commission should be able to


take positions on public issues, dissemin-


ate its views to the public, and lobby the


Legislature. The friend of the court brief


was written by ACLU cooperating at-


torney Sandra Tichenor of the San Fran-


cisco law firm of Morrison and Foerster.


The Commission's advocacy role was


challenged over six years ago when indi-


vidual taxpayers and the ``Women's


Committee for Responsible


Government'' sued, claiming the


creation of the Commission deprived


male plaintiffs of equal protection, and


that the Commission' overstepped its


bounds by using public funds to promote


ratification of the Equal Rights Amend-


ment. :


In 1978, the Court of Appeal held it


would have been unlawful for the


Commission to use public funds to pro-


mote ERA ratification. It bounced the


case back to superior court to determine


the source of funding for particular


Commission communications, and to


consider whether those communications


were informational or promotional.


At trial, the plaintiffs attacked all of


the Commission's advocacy of feminist


causes, such as reproductive freedom,


child care centers, and textbooks show-


ing women in nontraditional roles.


Tichenor explained, ``The plaintiffs


asked the superior court to enjoin the


Commission from taking any position


on women's issues, and from dissem-


inating any information on women's


issues without presenting all sides to the


question.


`Thus, for example, information on


reproductive freedom would have to be


coupled with pro-life brochures, and


data on child care centers would accom-


pany pamphlets denouncing working


mothers,'' she added.


In March, 1982, a Sacramento Super-


ior Court judge rejected the ``equal pro-


tection'' argument and various other at-


tacks on the Commission, but found that


the Commission's use of public funds


was not completely impartial and


exceeded the authority granted by the


Legislature. The judge told the Com-


mission to refrain from proposing or


recommending specific legislation and


from ``presenting any particular view--


point with respect to information


gathered or disseminated."


Both sides appealed.


Meanwhile, in September, 1982 the


Legislature passed a bill spelling out in


no uncertain terms the Commission's


right to lobby the Legislature on any


pending bills and to ``urge the introduc-


tion of legislative proposals."'


Citing that bill, ACLU's amicus brief


declares that the Commission has statu-


tory authority to speak out. The bulk of


the ACLU agrument, however, is


devoted to explaining why the Commis-


sion is constitutionally permitted to take


positions and advise the public of the


positions it takes.


"Government must be allowed to


speak if government is to lead,"' the brief


states. Although there are constitutional


limits on government's ability to speak


- to guard against ``big brother''


propaganda - the Commission is not


forcing anyone to subscribe to any par-


ticular dogma, but merely advising the


Legislature on subjects within its area of


expertise, the ACLU argues.


The Commission's lobbying efforts,


the brief argues, are well within the


mainstream of government agencies'


functions. The Attorney General's


office, for example, maintains a staff of


six full-time lobbyists to spread law-and-


order gospel.


Tichenor points out, ``there's a big


difference between lobbying for legisla-


tion and taking part in government


financed. electioneering, which is off-


limits because it raises the spectre of


government officials perpetuating their


_ Own power.


"Lobbying, on the other hand, merely


helps carry out governmental policies


and programs,"' he added.


George Kelly, a San Francisco attorney


and journalist, is a volunteer with the


ACLU News.


aclunews =


- jan-feb 1983


`by Marcia Gallo


ACLU-NC Field Director


Ten years ago, on January 22, the


U.S. Supreme Court issued decisions in


two cases, Roe v. Wade and Doe v. Bol-


ton, which affirmed the right of every


woman to decide, in consultation with


her doctor, whether to have a child or


obtain an abortion.


The Court's courageous rulings legal-


ized reproductive choice for all women,


regardless of economic status, age, or


race. The rulings also spurred the op-


ponents of reproductive freedom to step


up their campaign to eliminate choice


from childbearing.


Anti-Choice Reaction


Since the Court's decisions, the ad-


vocates of ``mandatory motherhood''


have succeeded in eliminating federal


funds for abortion, thus denying poor


women access to services available to


women of means.


In California, the ACLU's fight to in


sure state funding for abortions has


lasted for five years, despite a March


1981 California Supreme Court ruling


that denial of Medi-Cal funds for abor-


tion is unconstitutional. Each year, anti-


choice forces have persuaded legislators


to cut abortion funds from the state bud-


get, and each year, the ACLU has gone


to court to block those cuts from taking


effect.


Pro-Choice Week Calendar of Events


JANUARY 21


DISTRICT VISITS throughout


northern California, coordinated by


ACLU's Pro-Choice Task Force.


Contact: Dick Grosboll, 415/387-


0575 (evenings)


SAN FRANCISCO


TEN YEARS OF CHOICE CELE-


BRATION sponsored by the North-


ern California Pro-Choice Coalition


- comedy, music, dancing.


Contact: Marcia Gallo, 415/621-2494


JANUARY 22


MARIN COUNTY


PUBLIC FORUM sponsored by


ACLU and other Marin reproductive


rights groups.


Contact: Leslie Paul, 415/381-1088


JANUARY 23


SAN FRANCISCO


EDUCATIONAL FORUM


sponsored by the Action Committee


for Abortion Rights and featuring


ACLU Task Force member Linda


~ Baker.


Contact: Linda Baker, 415/282-0715


(evenings)


JANUARY 24


SACRAMENTO


SACRAMENTO LOBBYING DAY


. and workshops; reception for Sarah


Weddington at 5:00 p.m.


Contact: Sally Smith, 916/442-1036


JANUARY 26


SANTA CRUZ


FORUM with guest speaker Midge


Costanza sponsored by ACLU Santa


Cruz Chapter and Planned Parent-


hood.


Contact: Bob Taren, 408/429-9880.


For additional information on other


events planned for Pro-Choice Week,


please contact Marcia Gallo, 415/621-


_ 2494, ACLU-NC.


The work done by ACLU's lawyers


has been supplemented by the growing


activism of ACLU members throughout


northern California and across the


country.


More than 25 anti-choice measures


were defeated in the California legisla-


ture in 1982, thanks to the intensive


efforts of local, regional, and statewide


pro-choice coalitions.


The constitutional amendments and


bills outlawing abortion proposed in


the last session of the 97th Congress by


the ``Forced Pregnancy Four'' - Sena-


Celebrating a Decade of Choice


tors Orrin Hatch, Jesse Helms, and


Mark Hatfield and Representative Henry


Hyde - went down to defeat one by


one, as thousands upon thousands of


telegrams, letters, and phone calls


poured in against so-called "Human


Life'' measures.


The Battles Ahead


But reproductive rights are far from


secure, and new bills have already been


introduced, in Sacramento and in Wash-


ington, to eliminate or severely hamper


. choice.


The next decade could see the com-


plete erosion of reproductive choice, as


teenagers, older women, married


women, and women in rural areas, join


poor and minority women in the ranks


`of those who may have the legal right to


choose an abortion but who are unable


to exercise that right because of costly,


complicated restrictions. -


To commemorate the battles of the


past decade, and to rededicate energies


to the future fight for reproductive free-


dom, January 21 through 27, 1983 has


been designated ``Pro-Choice Week'? in


California.


For a complete listing of events


planned throughout northern California


during Pro-Choice Week, please contact


Marcia Gallo, 415/621-2494, at the


ACLU-NC office. :


Report on Civil Liberties in Congress


"This has been a year of stunning vic-


- tories and painful defeats for the Bill of


Rights in Washington,'' writes John


Shattuck, ACLU national legislative di-


rector in a new report from the Wash-


ington Office of the ACLU. The Special


Report on the 97th Congress assesses the


1981-82 record of Congress on civil liber-


ties issues and rates all 535 members on


twelve key floor votes in the House of


Representatives and fourteen in the


Senate. aS


The votes analyzed were on measures


involving school desegration, legal


services for the poor, abortion, school


prayer, intelligence agents' identities,


voting rights and draft registration. _


Of the 18 Representatives who scored


perfect (100%) ACLU ratings four are


from northern California. They are


Goerge Miller, Ron Dellums, Fortney


Stark and Don Edwards. Edward Roy-


bal, from southern California, also


scored 100%.


_ In the Senate, Alan Cranston was


among the top five scorers, with 93%.


The Senate average was 46% rating;


Democrats averaged 59%, while Repub-


licans averaged 35%.


Shattuck's analysis sets out many ex-


amples of legislative victories for civil


liberties which have been undercut by ac-


tions taken by the Reagan Administra-


tion. ``Civil rights and liberties have been


successfully defended in many areas i


Congress,' Shattuck points out, `"bui


they have encountered an implacable and


increasingly isolated foe in the Reagan


Administration."' As an example, he


cites the President's ``loose and danger-


ous charge, reminiscent of the McCarthy


era, that the nuclear freeze is being


manipulated by some who `want a weak-


ening of America."'


Efforts by the ``New Right'' to over-_


turn parts of the Constitution by legisla-


tion have been thwarted at every turn in


Congress, but a Department of Justice


bent on dismantling federal civil rights


enforcement has made steady progress


toward its goal. An administration


determined to operate in greater secrecy


has failed to persuade the Congress to


and its promise of access to justice for


millions of poor Americans, but the de-


livery of legal services has been drastic-


ally curtailed by Reagan budget cuts and


severe restrictions on legal representa-


tion. A reborn civil rights movement has


overcome all opposition in Congress to


the passage of a stronger Voting Rights


Act, but the Justice Department has filed


Immigration Bill Defeated -


During the waning hours of the lame-duck session in Congress, the Simpson-Mazzoli


Immigration Reform and Control Act of 1982 went down in defeat. Civil liberties


and minorities rights groups from around the country mobilized massive opposition


to the bill which would have severely restricted the rights of immigrants. To amplify


lobbying efforts in Washington, Bay Area activists held a press conference


denouncing the measure just prior to its defeat in Congress. From l.-r. Juan


Lombard, presidert, SETU Local 616; Juan Gonzales, attorney, Bay Area Com-


mittee Against Simpson-Mazzoli; Bill Tamayo, attorney, Asian Law Caucus;


Dorothy Ehrlich, executive director, ACLU-NC.


gut the Freedom of Information Act, but


the President by a stroke of his pen has


instituted the broadest security classifica-


tion system in American history.


A valiant struggle on Capitol Hill has


saved the Legal Services Corporation


only two new cases in the voting rights


field during its first twenty months,


_ compared to a dozen in the first year of


the Carter Administration, the report


notes.


"At every turn,'' Shattuck writes,


"the civil liberties policies of the Reagan


Administration have called for a radical


shift in the traditional relationship be-


tween government and the individual in


the United States. Contrary to the Rea-


gan campaign slogan, `keep government


off the backs of the people,' the Admin-


istration has supported policies on abor-


tion, prayer and CIA domestic spying, as


well as some of its less well known posi-


tions on such issues as the privacy of


income tax records. The only promise of


governmental withdrawal that the


Reagan Administration has kept involves


its systematic retreat from the enforce-


ment of civil rights laws enacted by


Congress or set forth in the Constitution


and interpreted by the Supreme Court.


"Against this background,'' he con-


tinues, ``the civil liberties victories of the


last two years are remarkable, but by no


means secure.'' They include:


e defeat on the Senate floor or in the


House Judiciary Committee of all ef-


forts to strip federal courts of their.


authority to decide or issue remedies


in abortion, school prayer and school


desegregation cases;


e shelving of proposed constitutional


amendments to curtail reproductive


freedom, religious freedom and the


right to be free from racially segre-


gated public schools;


(c) defeat of an effort in the House of _


Representatives to establish a new


House Internal Security Committee,


Copies of the ACLU Special Report


on the 97th Congress and Voting


Records may be obtained from ACLU


National Legislative Office, 600 Pennsy]-


.vania Ave., SE, Washington, D.C.


20003.


8 aclu news


jan-feb 1983


Field Committee Sets Priorities


Although current work on reproduc-


tive rights and the right to dissent should


continue as top priorities in northern


California, ``new'' issues are surfacing


which demand special attention from


ACLU activists. This was the consensus


reached at the special November 13 Pri-


ority Discussion held by ACLU-NC's


Field Committee, which will guide the


work of the Committee in 1983.


' Twenty-five ACLU activists from


twelve chapters and two task forces


gathered in San Francisco on November


13 for the Priority Discussion. Issues


were evaluated using special ``action cri-


teria'' developed by the Field Committee


at its first meeting 1% years ago.


Field. Committee Acting Chairperson


Richard Criley emphasized the ways


chapters have utilized the new Field


Program structure, noting particularly


the numbers of coalitions, public


forums, and lobbying activities


sponsored by the Pro-Choice Task Force


and Right to Dissent Subcommittee.


"Our task now is to determine what


other issues the chapters and the Field


Program can take on to best mobilize


ACLU's membership in Northern Cali-


fornia,'' Criley explained.


The priority discussion will continue


on the first Saturday in February, as


members of two working groups -


Draft Registration and Immigration -


Board Elections


continued from p. 1


inations. If no additional nominations


are proposed by Board members, the


Board, by majority of those present


and voting, shall adopt the Nominat-


ing Committee's report. If additional


nominations are proposed, the Board


shall, by written ballot, elect a slate of


nominees with each member being en-


titled to case a number of votes equal .


to the vacancies to be filled; the Board


shall be those persons, equal in num-


ber to the vacancies to be filled, who


have received the greatest number of


placed before the membership of the


Union for election shall be those per-


sons nominated by the Board as here-


in provided, together with those per-


sons nominated by petition as here-


after provided in Section 4.


SECTION IV: Any fifteen or more


members of the Union in good stand-


ing may themselves submit a nomina-


tion to be included among those voted


upon by the general membership by


submitting a written petition to the


Board not later than twenty days after


the adoption by the Board of the slate


of Board nominees. No member of


the Union may sign more than one


such petition and each such nomina-


tion shall be accompanied by a sum-


mary of qualifications and the written


votes. The list of nominees to be |


consent of the nominee.


present possible strategies for ACLU in-


volvement in those issues.


``The defeat of the Simpson-Mazzoli


bill during the lame-duck session of


Congress means that another immigra-


tion restriction bill will surely be intro-


. duced,'' said Andrea Learned, Sonoma


County Chapter chairperson and a


members of the Immigration working


group. `""The ACLU must inform and


organize its members and the general


public on the dangers presented by so-


called immigration reform measures."'


The prosecution of draft registration


resisters also presents educational oppor-


tunities for ACLU activists, said Draft


Registration working group member


Judy Newman. ``We must take advan-


tage of recent favorable court rulings (on


behalf of resisters) to spread the word


that young men have the right to refuse


to register, and that the government


prosecution is based more on political


activism than on refusal,'' she added.


A third `"`new'' issue area-Crime and


Civil Liberties-will be considered after


an ad hoc staff committee presents pro-


posals to the Board of Directors in


March or April.


"Clearly, we must consider available


resources aS we consider new areas for


involvement," Criley observed.


`The challenge to the Field Program


in 1983 is to determine how best to con-


tinue our successful work of the past


eighteen months while expanding to meet


new needs,' he added.


D.C. Arrestees Wanted


WASHINGTON-After eleven


years, four administrations and an -


uncountable number of staff hours,


the ACLU is still trying to close the


books on the Mayday demonstrations


of 1971. :


The latest development occured in


April when the federal court released


to the ACLU over $77,000 for the


purpose of refunding the bail, bonds


and fines of persons arrested May 3-6


1971. Although many people received


refunds in 1971 and 1972, there are


still as many as six thousand people


who may be due money. Refunds will


average from $10 to $25 per person.


The ACLU has begun the process


of searching out the Mayday arrestees,


many of whom may not have been


heard from in eleven years, and re-


funding their money. Anyone who


believes he or she may be due a re-


fund, and has not contacted the


ACLU in the last year should write:


ACLU of the National Capital Area,


600 Pennsylvania Ave., S.E., Suite


#301, Washington, D.C. 30003.


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


(_ ) Individual $20


Name


( ) Joint $30


and an additional contribution of $----


( ). This is a gift membership from


Address.


City


[ee


Return to ACLU-NC, 1663 Mission St., S.F. 94103


a


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BeAeReK


BOARD MEETING: (Fourth Thurs-


day each month.) Contact Joe Dorst,


415/654-4163 for meeting time and


place.


CAMPUS ACLU: ``Decade of


Choice'' Rally and Educational Event


- Noon to 2:00 p.m., Wednesday,


January 19, Sproul Plaza. Contact


Liz Zeck, 415/848-4038.


Earl Warren


BOARD MEETING: Third Wednes-


day each month.) Wednesday, Feb-


ruary 16, 7:30 p.m. Sumitomo Bank,


20th and Franklin Streets, Oakland.


Contact Barbara Littwin, 415/452-


4726 (days).


MEMBERSHIP MEETING/POT-


LUCK: Saturday, February 5, 6:00


p.m. Panel discussion: `"The Alame-


da County Courts - How Much Jus-


tice Can We Afford?'' Contact Bar-


bara Littwin, number above.


Fresno


BOARD MEETING: For meeting


date and place, contact Scott Will-


iams, 209/441-1611.


Gay Rights


BOARD MEETING: (Last Tuesday


each month.) Tuesday, January 25;


Tuesday, February 22. 7:00 -p.m.,


ACLU Office, 1663 Mission Street,


San Francisco.


CONGRATULATIONS to new


chapter chairperson Doug Warner! |


Marin


BOARD MEETING: (Third Monday


each month.) Monday, February 21.


8:00 p.m., Fidelity Savings, Throck-


morton Street, Mill Valley. Contact


Alan Cilman, 415/864-8882.


DECADE OF CHOICE: Special


Commemorative Event on the tenth


anniversary of the U.S. Supreme


Court decisions legalizing abortion -


Saturday, January 22. Contact Leslie


Paul, 415/381-1088.


PUBLIC FORUM: `"`Lesbian and


Gay Rights,'' with special guests


Donna Hitchens, Director, Lesbian


Rights Project; and Mary Dunlap.


Wednesday, February 9; Mill Valley


Community Center, Sunnyside and


E. Blithesdale, Mill Valley. Contact


Milton Estes, 415/383-6622.


Mid-Peninsula


BOARD MEETING: (Last Thursday


each month.) Thursday, January 27;


Thursday, February 24. 8:00 p.m. in


Palo Alto. Contact Harry Anisgard,


425/856-9186.


Monterey


BOARD MEETING/PUBLIC


FORUM: (Fourth Tuesday each


month, alternating board meetings and


forums.) Tuesday, January 25;


Tuesday, February 22. Contact Rich-


ard Criley, 408/624-7562.


Mt. Diablo


BOARD MEETING: (Usually third


Thursday each month.) Contact Eve


Gilmartin, 415/935-0257 for meeting


information.


ee a ea


Calendar


North Pen


BOARD MEETING: (Third Monday


each month.) Monday, February 21.


8:00 p.m. Contact Richard Keyes,


415/367-8800.


Sacramento


BOARD MEETING: (Third Wednes-


day each month.) Wednesday, Janu-


ary 19 - special guest speaker


Michael Ullman, chief counsel, As-


sembly Criminal Justice Committee,


7:30 p.m.; Wednesday, February 16,


7:30 p.m. All meetings at New


County Administration Building, 7th


and I Streets, Hearing Room I, Sacra-


mento. Contact Mary Gill, 415/457-


4088 (evenings).


San Francisco


BOARD MEETING: All members


are invited to the regular board meet-


ing, Tuesday, January 25, 6:00 p.m.,


at ACLU, 1663 Mission Street, #460,


San Francisco. Wine and sandwiches


will be served. Members are encour-


aged to add their ideas to the discus-


sion on the chapter's future program.


Contact Chandler Visher, 415/391-


0222.


Santa Clara


- BOARD MEETING: (First Tuesday


each month.) Tuesday, February 1,


7:30 p.m. Community Bank Building,


San Jose. Contact Vic Ulmer,


408/379-4431 (evenings).


Santa Cruz


BOARD MEETING: (Second Wed-


nesday each month.) Wednesday,


February 9, 8:00 p.m. Louden Nelson


Center, Santa Cruz. Contact Bob


Taren, 408/429-9880.


TENTH ANNIVERSARY. OF


CHOICE: Guest speaker Midge Cos-


tanza will discuss the U.S. Supreme


~Court's 1973 decision affirming


reproductive choice - Wednesday,


January 26, 7:30 p.m. Louden Nelson


Center, Santa Cruz. Contact Bob


Taren, number above. :


Sonoma


BOARD MEETING: (Third Thurs-


day each month.) Thursday, January


20; Thursday, February 17. 7:30


p.m., Center for Employment Train-


ing, 3755 Santa Rosa Avenue, Santa


Rosa. Contact Andrea Learned, 707/


544-6911.


Stockton


ANNUAL DINNER: Saturday, Feb-


ruary 26, 7:00 p.m. $10.00 per per-


son. Contact Bart Harloe, 209/946-


2431 for location and further infor-


mation.


BOARD MEETING: (First Tuesday


each month.) Tuesday, February 1.


Contact Bart Harloe, number above.


Yolo


BOARD MEETING: Contact Julius


Young, 916/758-5666 (evenings) or


Casey McKeever, 916/666-3556 (eve-


nings) for meeting information.


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