vol. 18, no. 6
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"Eternal vigilance is the price of liberty."
VOLUME XVIII
Nominations, Please!
The three-year terms of the following eight
members of the Executive Committee of the
American Civil Liberties Union of Northern
California expire next October 31: Prof. Ed-
ward L. Barrett of the U.C. Law School; At-
torney Wayne M. Collins of San Francisco;
Prof. Van D. Kennedy of the Department of
Industrial Relations at U.C.; Seaton W. Man-
ning, director of the San Francisco Urban
League; Rev. Harry C. Meserve, pastor of
the First Unitarian Church in San Francisco;
Rabbi Irving F. Reichert, formerly of Temple
Emanu-El, San Francisco; Prof. Laurence
Sears, Edward Hohfield Professor of Ameri-
can Philosophy and Political Theory at Mills
College, and Fred H. Smith, IV, head of Red
Feather Products, San Francisco. There is
one vacancy on the 25-member Executive
Committee, which will not necessarily be
filled.
_ A nominating committee will be appointed
by Bishop Parsons at the June meeting of
the Executive Committee. The sub-committee
is required to report its recommendations to
the Executive Committee at the September
meeting.
_ The By-Laws provide that "the June issue
of the ACLU-News shall carry an invitation
to the Union's membership to suggest names
to the nominating committee, and such names
must reach the Union's office not later than
June 30 in order to receive consideration.
The nominating committee shall consider
such suggestions but shall not make any
nominations until after June 30."
The By-Laws also provide that "The names
finally approved by the Executive Commit-
tee shall be submitted for confirmation to the
annual membership meeting, which shall be
held sometime during the month of October."
Please send your suggestions for Commit-
tee members to the ACLU, 503 Market St.,
San Francisco 5, Calif., giving as much bio-
graphical information about your candidates
as possible. In making your suggestions,
please remember that Committee members
_ must be ready to defend the civil liberties of
all persons without distinction, and that they
are expected to attend noon meetings in San
Francisco the first Thursday of every month
`Membership
besides serving on sub-committees.
What Dr. Meiklejohn Would
Say to a Legislative Comm.
In a recent speech before the University of Chi-
cago Law School, Dr. Alexander Meiklejohn told
what he would do if a legislative committee came
to him demanding information as to his opinions
and associations. Said he, "It summons me to
make disclosure of my beliefs and advocacies and
associations. Am I bound .. . to cooperate, to give
the information required? I think not.
"To such a committee, I would feel bound to
say, `I am, of course, eager to cooperate with you
or with any governing agency, if it is acting with-
in its authorized jurisdiction. And, further, I have
no objections to expressing, on proper occasions,
my beliefs or advocacies or associations on issues
of public policy.
" "But the form of your present demand raises
a different question. You are claiming authority to
compel me to say what my political opinions are.
That claim is, I am sure, subversive of the most
fundamental principle of the Constitution-the
principle of the political supremacy of the people
over their agents.
`" Self-governing men are not, and cannot be,
held subject to governmental control with respect
to the content of their political beliefs. I regret
to say, therefore, that loyalty to the Constitution
forbids me to comply with your demand.' "
SAN FRANCISCO, CALIFORNIA, JUNE, 1953
No. 6
Six Communist Hunting Bills Nearing
Adoption by California Legislature
In the closing days of the 1953 session of the
California Legislature, six "red-hunting" bills are
headed for almost certain adoption. In fact, two
of them have already reached the Governor's
desk and will no doubt be approved by Lieut. Gov-
ernor Goodwin Knight in the Governor's absence.
The bills awaiting the Governor's action are
S.B. 1425, aimed at State College teachers holding
the wrong opinions and associations, and A.B.
2677, which seeks to bar subversive groups from
using the public schools as meeting places.
Two years ago, Gov. Warren vetoed the bill
which corresponds to S.B. 1245 (the Kraft bill).
Since then, some of the worst features of the
measure have been eliminated, but it still remains
a bad bill.
It extends the definition of "unprofessional
conduct" to include membership in, or "active
support" of a "Communist front" or "Communist
action" group as well as "persistent active partici-
pation in public meetings" of such groups, besides
"wilful advocacy of communism, either on or off
the campus, for the purpose of undermining the
patriotism of pupils, or with the intent to indoc-
trinate any pupil with communism or inculcate a
Campaign
Nears 60% of Its Goals
On May 26, fifty-nine percent of the financial
goal and 561% percent of the membership goal had
been attained in the Union's special membership
drive for 450 new members and $3,000. (See the
statistics of the campaign elsewhere in this issue.)
These results do not take into account scores
of promises to join as well as renewals which were
secured. The returns are still coming in and final
figures will be given in the next issue of the News.
The stand-out performance was by Lee H. Wat-
kins and his Davis campaign committee. Their
goals were only 5 members and $40 but they se-
cured 20 new members and $74.
Only other area to attain its membership goal
was Mrs. Robert F. Suczek's Orinda, Lafayette,
Concord group of workers which secured ten
members and 87% of its financial goal.
Carmel, under the leadership of Mrs. Douglas
Carter is within one membership of attaining its
goal, while Mrs. B. Abbott Goldberg's San Fran-
cisco committee has raised 92% of its financial
goal of $850 and has secured 75 new members for
60% of its membership goal. -
Lynn B. Bennion's Berkeley team has reached
61% of its membership goal while Oakland and
Stockton, headed by Mrs. Elizabeth Hiner and
Benjamin O. Russell respectively, are right be-
hind with 60%.
Word filters to us from Norman Lezin in Santa
Cruz that he will make his membership goal and
that he has the memberships in hand. We're sure
that many more memberships will come in from
the other areas as well.
The ACLU is very much indebted to the loyal
and devoted campaign workers who have worked
so hard to increase the effectiveness of the Union's
work. The director, in particular, wishes he could
thank each worker personally for his contribution
to the cause of freedom.
Bishop Parsons Is 85
Rt. Rev. Edward L. Parsons, since 1941 the be-
loved Chairman of the Union's Executive Commit-
tee, celebrated his 85th birthday on May 18.
The kindly Bishop rarely misses an Executive
Committee meeting and continues to crack the
whip over that body with rare skill and a delight-
ful sense of humor. He's the reason why the local
ACLU never has any committee problems.
preference for communism in
pupil."
The Legislature has neglected to define the
meaning of that emotion-packed term "commun-
ism."' Yet, there seems to be considerable disagree-
ment as to what the term means. If a teacher
supports the programs of the "New Deal' and the
Fair Deal," will he be charged with advocating
"communism?" If he says he is in favor of racial
equality, federal low-rent housing and other re-
forms condemned in some quarters as being "com-
munistic," will he be charged with advocating
"communism ?"
Little Red Schoolhouse Bill
Also before the Governor is a bill by Assembly-
man Levering, AB 2677, seeking to bar subversive
groups from the use of public schools as meeting
places. The Civic Center Act provides that citizens
"may meet and discuss from time to time as they
may desire, any and all subjects and questions..."
The State Supreme Court has declared "It is true
that the state need not open the doors of a school
building as a forum and may at any time choose
to close them. Once it opens the doors, however, it
cannot demand tickets of admission in the form
of convictions and affiliations that it deems ac-
ceptable."
_ Nevertheless, under the proposal, all groups us-
ing the schools, must file, at least once a year, a
"Statement of Information," which is "made under
the penalties of perjury." The statement recites
that the school "will not be used for the com-
mission of any act" to accomplish the violent
overthrow of the government, and that it is not
a "communist action or communist front organiza-
tion required by law to be registered with the At-
torney General of the United States," Thus, in
order to catch a few Communists, every P-TA,
Boy Scout and Girl Scout troop, etc., will be
required to file the foregoing statement at least
once a year. (Flash! The ACLU has just received
notice that AB 2677 was signed by Gov. Warren
before he left for the coronation. )
Levering Act Oath
Two of the bills headed for the Governor's desk
have a mandate from the people of California,
given at the last election, and consequently are
certain of passage. The first of these bills would
implement Proposition 6, which placed the Lev-
ering Act oath for public employees in the State
Constitution. The oath would now be placed in
the Government Code and any persons perjuring
themselves or joining subversive organizations
after taking the oath would, upon conviction, face
one to fourteen years in the State penitentiary.
This bill is being pressed in the face of a dec-
laration by Attorney General Edmund G. Brown,
concurred in by a large number of District At-
torneys throughout the State, that loyalty oaths
for public employees are "practically impossible
to enforce." There has not been one prosecution
since the Levering Act was first adopted in 1950,
and it is reported that District Attorneys are
"sidestepping prosecutions." The Attorney Gen-
eral is quoted as saying that only through costly
(Continued on Page 8, Col. 1)
the minds of any
Moving?
_ One of the Union's toughest jobs is keep-
ing up with the many moves of its almost
3100 members. Summer months particularly
bring changes of address, especially among
those engaged in academic pursuits,
Don't depend upon the Post Office to noti-
fy us of your change of address; they don't
always do it. If you are planning to move, the
Union would appreciate prompt notice of
your new address.
Page 2
AMERICAN CIVIL LIBERTIES UNION-NEWS
Supreme Court Disbars Ati'y
Convicted for Contempt
In a 4-4 decision, the U. S. Supreme Court has
disbarred Abraham J. Isserman from the practice
of law before the high court. Isserman was one of
the five lawyers convicted of contempt for his
conduct during the trial of the 11 Communist
leaders convicted in 1949 for violating the Smith
Act by conspiring to advocate the violent over-
throw of the government. The court also refused
to review a decision of the New Jersey Supreme
Court disbarring Isserman from practicing law in
that state. Justices Black and Douglas dissented
from that decision.
In disbarring Isserman, the court, in a decision
written by Chief Justice Vinson, pointed out that
since it relied upon admission to the bar by state
courts in determining whether or not to admit
lawyers to practice before the Supreme Court, it
would follow the finding of the state court dis-
barring an attorney "in the absence of some grave
reason to the contrary." The Court found no such
reason in the Isserman case. It held that whether
or not this would be excessive punishment, the
question was not one of punishment, but of self-
protection by the Court and society against one
who has engaged in improper conduct as an at-
torney. The Court denied the charge of the dis-
senting judges that this meant that a lawyer
would be disbarred for mere contempt, stating
that they have considered the basic nature of the
contemptuous acts against the trial judge.
Justice Jackson wrote a dissenting opinion,
joined in by Justices Black, Frankfurter, and
Douglas, pointing out that they could not recall
any previous time when a lawyer had been disbar-
red merely because he had been convicted of con-
tempt, that one lawyer who had once participated
in a contempt was later elected president of the
American Bar Association, They found no purpose
whatsoever that could be served by the disbar-
ment, pointing out that the only contempt of
which Isserman was found guilty was that of sev-
eral "contumacious outbursts during a long and
bitter trial."
Justice Clark did not participate in this pro-
ceeding. As Isserman had the burden of proving
why he should not be disbarred, the tie vote re-
sults in his disbarment.
Palo Alto Schools End :
"Gideon Bible" Distribution
The distribution of `Gideon Bibles" in the Palo
Alto Unified School District has been dropped,
the ACLU was informed last month by Superin-
tendent of Schools Henry M. Gunn.
On the strength of an opinion by the District
_ Attorney, the Board of Education had approved a
request by the Gideon Society to distribute copies
of King James Bibles in the schools. But, instead
of distributing that version, the Gideons merely
distributed the New Testament and a limited por-
tion of the Old Testament.
Following complaints by some parents, the
ACLU made inquiry of the Superintendent as to
the basis for the distribution of the "Gideon
Bible." The Union noted that the latter was a sec-
tarian book and that, in any case, the Gideon's
Were not distributing the Bible approved by the
District Attorney. As a result, the school district
decided to abandon the Bible distribution
program.
Levering Act Upheld
On May 25, the United States Supreme Court, in
the case of Leonard T. Pockman, refused to review
the decision of the California courts upholding
the constitutionality of the Levering Act, requir-
ing a conformity oath of all public employees. The
case was handled by Wayne M. Collins of San
Francisco.
Amdur Hearing July 17
The appeal in the case of Reuel S. Amdur,
who was convicted in Berkeley's "sidewalk
table case," is expected to be argued before
the Appellate Department of the Superior
Court in Alameda county on July 17.
In the meantime, the trial transcript re-
veals the following statement by Hon. Red-
mond C. Staats, Jr., who tried the case:
". .. any person who is seeking protection
of our Constitution shows by his conduct that
he has no respect for the officials who are
charged with the carrying out of our consti-
tutional duties, in fact, goes to the extent that
anyone on that Council might have taken the
idea that he might be coming in there every
week from now on just so that he could hear
the Councilmen discuss this subject, now I
think that anyone like that has waived any
right to any of their constitutional rights. On
that ground I find the defendant guilty."
N. J. Court Rules Attempt to Censor
`Objectionable' Writing Violates Press Freedom
An important round in the fight against censor-
ship has been recorded in a New Jersey Supreme
Court decision ruling that a former Middlesex
County prosecutor, who had sought to ban the
sale of a book as obscene, acted arbitrarily and
violated the constitutional guarantee of freedom
of the press. :
Acting on the recommendations of a citizens'
committee of self-appointed literary censors,
which provided him with a list of "objectionable"
books and magazines, Prosecutor Matthew F.
Melko wrote to the distributors of these publica-
tions requesting that they halt distribution. The
"request" was interpreted by the recipients as an
order which had best be followed to avoid prosecu-
tion, and books disappeared from newsstands.
Action against the prosecutor was brought by
Bantam Books, Inc., publishers of "The Chinese
Room," one of the "objectionable" books. The
Court granted a restraining injunction in the pub-
lishers' favor and ordered Middlesex County offi-
cials to cease efforts to discourage distribution of
"The Chinese Room."
In a strongly-worded, 32-page opinion, Judge
Sidney Goldman held that "neither the prosecutor
nor the committee constituted by him had author-
ity to proscribe the distribution or sale in Middle-
`sex County of books deemed by them to be objec-
tionable. The action of the prosecutor was illegal
and beyond the scope of his office."
_ Judge Goldman said that there were several
alternate and proper legal means of dealing with
allegedly obscene and indecent literature, but
"none of them give any such official the right to
prejudge a situation and act upon it in the way the
defendant did in this case."
Calling the prosecutor's action a "clear case of
previous censorship in the area of literary ob-
scenity," Judge Goldman wrote further that "the
way of the censor has been tortuous and tortured
from earliest times. His story is one of arbitrary
judgment and the suppression of much that we
consider good, true, and beautiful.
"Even the most cursory account of literary cen-
sorship will show its contradiction, the absence of
valid standards, its lack of inner logic and out-
ward consistency."
Judge Goldman's opinion emphasized "the ar-
bitrary and dangerous character of what has been
done here by the defendant and his advisory com-
mittee." To entrust such censorship to "one fal-
lible man, or a private body of men, is to set up an
almost despotic arbiter of literary products." Such
a condition, he said, is not in accord with demo-
cratic ideals, "which repudiate thought control." |
In.a letter to Mr. Walter Pitkin, executive vice-
president of Bantam Books, the ACLU offered its
"thanks and congratulations for the splendid work
you have done in pressing suit against the prose-
cuting attorney of Middlesex County.
"To those who have been fighting censorship,"
the letter continued, "pernicious operation of pres-
, Sure groups who arrogate to themselves the power
to censor what others may read, has been a most
troublesome problem. We agree with you that
this court decision is of great significance and we
trust it will give heart to other publishers to. un-
dertake the vindication of the books they publish."
ACLU Challenges Ban On
Alleged Nazi Physician
- The New York Civil Liberties Union has pro-
tested the decision barring Dr. Godfrey Edward
Arnold from physician's visiting rights at Belle-
vue Hospital and membership in the New York
County Medical Society on the apparent grounds
of his alleged past membership in or association
`with the Nazi Party.
The civil liberties group addressed a letter to
City Health Commissioner Dr. Marcus D. Kogel
challenging the commissioner's decision denying
Dr. Arnold physician's visiting rights at Bellevue
`Hospital. Asking whether he had been correctly
quoted as saying that Dr. Arnold's presence at the
hospital "would cause disruption and disunity,"
George E. Rundquist, NYCLU's executive director,
said: "We venture to say that the reasons given
for such exclusion are unfair and open the door
to political interrogation and intimidation and may
be used to justify racial and religious discrimina-
tion."
In another letter, Clifford Forster, NYCLU's
staff counsel, wrote Dr. Arnold offering the
group's assistance.
"It is our view that membership in the Medical
Society is an essential adjunct of your right to (c)
practice medicine in New York, and that no city
official should establish political tests for privi-
leges extended by the muncipality. In view of the
fact that, on the face of newspaper reports, it
would appear that you are being discriminated
against because of your alleged past political as-
sociations and beliefs, your case falls within the
general field and interest of the NYCLU. We are,
therefore, prepared to be of assistance to you in
any proper way." :
Dr. Arnold, who became director of the speech
and voice department of the University of Vienna
clinic after the Nazis took over Austria in 1938,
was rejected by the membership of the medical
society after his opponents countered his denial
with a statement from the United States High
Commissioner's office in Bonn, Germany that Ber-
lin records listed him both as a Nazi Party mem-
ber: and storm trooper. Dr. Arnold's membership
had been unanimously recommended by the socie-
ty's executive committee. In denying the charges,
Dr. Arnold claimed he had befriended many Jews
and others who were in disfavor, in the face of
warnings from Nazi officials.
Work Out Compromise In New
York Prayer-School Dispute
Students of New York City's public schools open
each class day by reciting the Pledge to the Flag
and by singing the fourth stanza of "America."
Inclusion of that portion of the song-addressed
to God-was ordered by the city's Board of Educa-
tion as a compromise to the state Board of Re-
gents recommendation for a daily prayer.
Many educators and organizations, including
the ACLU, had expressed fear that a daily prayer
Richmond Housing Loyalty
Suit Will Be Held In Abeyance
An agreement has been reached by opposing
counsel in the Richmond Housing Authority "loy-
alty oath" case to hold that suit in abeyance pend-
ing a final U.S. Supreme Court decision in an
Hastern test suit being handled by the ACLU. In
the meantime, of course, tenants occupying per-
manent low-rent housing units may not be evicted
for failure to sign a loyalty statement-
. The agreement was reached only with the help
of Superior Court Judge Harold Jacoby of Contra
Costa county who helped iron out a difference over
whether it should apply to tenants occupying tem-
porary housing units constructed under the Lan-
ham Act. Such non-signing tenants had recently
received a "Second Notice" from their project
managers advising them that they had "not taken
advantage of the opportunity to sign" the loyalty
statement.
"Is there some particular reason why you do
not wish to sign these papers," the notice asked.
"Would you like to talk the matter over with your
project manager? ... You can do this and at the
same time show that you are a loyal American by
signing the papers now. Let's make it 100 per-
cent."
While the "Gwinn rider" to the Independent
Offices Appropriation Act requires the loyalty
oath merely of tenants occupying permanent
housing, the Richmond Housing Authority had
passed a resolution offering occupants of tempor-
ary housing the "opportunity to sign.'' None had
been advised in so many words that such action
was purely voluntary.
Agreement was finally reached by opposing
counsel on the following points:
1. No tenant will be evicted or inconvenienced
because of his failure to sign the loyalty oath.
2. The Housing Authority will notify all of
the tenants in temporary (Lanham Act) housing
units that they are not required to sign loyalty
statements but may do so if they wish.
A formal stipulation is now being drafted and
will be signed shortly.
Information has recently been received that the
Sacramento Housing Authority has notified its
tenants to sign "certificates of non-affiliation" or
loyalty oaths. One tenant has indicated she will
not sign the certificate but there has been no at-
tempt to force her to do so.
Developments in Sacramento are being watched
by Nathaniel Colley, Sacramento attorney. In the
event that threats of eviction are made against
non-signers or eviction proceedings started, the
ACLU is prepared to file an injunction proceeding
against the Sacramento Housing Authority simi-
lar to the one filed in Richmond.
Joseph Landisman, Richmond attorney, and
Lawrence Speiser, ACLU staff counsel, are repre-
senting the fifteen tenants in the Richmond suit.
would infringe on the principle of church-state
separation. Only 300 of the state's 3,000 school
districts have put the prayer suggestion into ef-
fect since it was made in November 1951.
AMERICAN CIVIL LIBERTIES UNION-NEWS
Page 3
Six Communist Hunting
Bills Nearing Adoption
(Continued from Page 1, Col. 3)
and long trials, which probably only the Federal
Government can afford to finance, could prosecu-
tions succeed under the California oath law. The
stumbling block seems to be the necessity of prov-
ing in each case what. was in the affiant`s mind
at the time he took the loyalty oath.
Even more interesting than the attitude of the
law enforcement officers that such an oath law
will become a dead letter is the declaration of
Richard Combs, counsel for the Senate Fact-Find-
ing Committee on un-American Activities, that
loyalty oaths are dangerous. "The biggest men-
ace," said he, "is that officials in Government and
_ others in positions of responsibility, both in our
schools and our public life, will be lulled into a
feeling of false security by the fact of the signing
of a loyalty oath.'' Combs went on to say that the
"most dangerous Communist agents are not card
bearers-only the right persons, perhaps in the
Soviet Embassy at Washington, know who they
are. These agents will sign a loyalty oath and take
a chance at a perjury trial." -
Tax Exemptions and Loyalty Oaths
The second bill boasting a mandate from the
people is AB 923 by Assemblymen Backstrand and
Levering. At the last general election, Proposition
5 was enacted prohibiting public employment of
subversives and also denying them tax exemption.
In its original form, the bill implementing this
Constitutional amendment applied to all claims
for tax exemption. After complaints from the San
Francisco Chronicle and others about this nui-
sance to those paying income, sales and personal
property taxes, the bill was amended. It now ap-
plies merely to exemptions from any property
tax filed by an individual, other than the house-
holder's exemption, and any exemption claimed
by any corporation or organization, including
churches. Thus, all churches in the State, if they
want their tax exemption, must declare that they
do not advocate the overthrow of the government
by force and violence.
This bill is presently before the Assembly for
adoption. After that, it must still get through the
Senate before reaching the Governor's desk.
Special Oath For Teachers
The fifth bill that is almost certain of adoption
requires a non-Communist oath of most Califor-
nia school teachers, besides requiring them to an-
- swer the questions of legislative investigating
committees and Boards of Education relating to
their opinions and associations during the past
five years. This is SB 1367 by Sen. Dilworth.
Teachers will testify before such groups at their
peril. If their answers fail to satisfy, they may
still face dismissal, for the bill declares that, `The
Legislature further specifically finds that an in-
direct or evasive answer or an answer which neith-
er affirms nor denies shall, for the purposes of this
act and chapter, be considered as a failure and
refusal to answer, regardless of the ground or
explanation given for such answer."
Before taking his position, a teacher would be
required to state under oath whether he is know-
ingly a member of the Communist Party, and,
"Any employee of any school district who is now
or within five years prior to the effective date of
this section was knowingly a member of the Com-
munist Party shall within ninety (90) days of the
effective date of this section file with the govern-
ing board of the school district employing him a
verified statement that he is no longer a member
of the Communist Party and that such member-
ship has been terminated in good faith." Any em-
ployee who knowingly becomes a member of the
Communist Party after the law goes into effect
is guilty of insubordination.
There seems to be no end to the oath hysteria
despite the present declaration of the State Con-
stitution that `no other oath, declaration, or test |
shall be required" by the Levering Act. Neverthe-
less, this special oath would now be required of a
suspect group, much after the fashion of the U. C.
special loyalty oath that was declared unconstitu-
tional by the State Supreme Court.
As we go to press, this bill is awaiting a vote
by the Assembly before being sent to the Gov-
ernor.
Subversive Groups Barred From Ballot
The sixth and final measure is AB 52, which
seeks to bar subversive groups from the ballot.
Under this proposal by Assemblyman Chapel and
others, `The Secretary of State shall, with the ad-
vice and consent of the Attorney General, deter-
"mine which parties are disqualified to participate
in any primary election." The bill is apparently
aimed at the Independent Progressive Party. The
particular party would be entitled to a hearing and
could appeal to the courts for relief. The measure
is presently before the Assembly and still has to
get by the Senate.
Un-American Committee's Inquiry Into
Marin's Use of UNESCO Ma
Following protests by the ACLU and editorial
criticism by the San Francisco Chronicle and the
News, State Senator John F. McCarthy of Marin
county abruptly cancelled a hearing of the Senate
Fact-Finding Committee on Un-American Activi-
ties scheduled for May 8 to inquire into charges
that subversive literature was being distributed in
the Marin county schools.
Just who made the charges never became too
clear. One source quoted Sen. McCarthy as saying
that the hearings had been requested by `"Pro-
America and a bunch from southern Marin." The
"punch" may have included the Legion auxiliary,
although the Legion itself disclaimed any part in
calling the meeting.
Sen. McCarthy denied that Sen. Burns had any-
thing to do with calling off the meeting, "Nor did
the protests of the Civil Liberties Union." His
formal statement declared:
"The hearing was scheduled without sufficient
consideration given to the inherent dangers there-
in. The reputations of loyal teachers could be un-
justly attacked and damaged. Moreover, it is not
the province of the Legislature to arbitrarily de-
termine what publications used in the public
schools may be deemed subversive.
"Personally, I have complete confidence in the
loyalty and integrity of both the school authori-
ties and the teaching profession of our public
schools in Marin county.
"The parties requesting this hearing have been
advised to communicate any charges they may
have to the Attorney General of California, who
is the chief law enforcement officer of this State."
Sen. McCarthy had planned to hold a one-man
hearing assisted by committee counsel Richard
Combs. Ernest Besig, the Union's local director,
sent a protest to Chairman Hugh Burns of the
Committee reading in part as follows:
"In connection with this announced meeting,
Sen. McCarthy is reported as saying he has been
`disturbed' over the recent controversy concern-
ing the use of UNESCO materials in the schools
and that he has received an urgent plea from pa-
rents in the district that the matter be given a full
hearing. Consequently, `all citizens who wish to
terials Called Off
bring facts to the committee's attention' about
this problem will be given an opportunity to be
heard.
"Of course, your Committee must be aware that
a Citizens Committee voted 13 to 3 against re-
moval of UN materials from Marin classrooms.
You must also be aware that a public meeting
which sought to fan this UNESCO controversy
into a blaze received very little public support. In-
deed, as far as I have been able to learn, the agita-
tion springs from no more than 20 people in the
area.
"Still intent upon creating an issue, it seems to
me, the same minority group is now attempting to
exploit your Committee as a sounding board to
help develop a spurious red scare in the Marin
county public schools. I sincerely trust that your
Committee will not allow itself to be exploited by
/pressure groups in any community. :
__ "T am also troubled by other procedure in this
situation,-or the apparent lack of it. Sen. Mc-
Carthy is quoted as saying that the meeting `will
in no sense be a hearing.' If that be true, is there
not some question as to whether your Committee
is acting in conformity with the mandate given it
by the Senate?
"In the interest of orderly procedure, it seems
to me it would have been better if the problem had
first been examined by the Committee's investi-
gators. As it stands now, the Committee has ex-
pressed a willingness to allow one of its meetings
to be used as a sounding board by persons it can-
not vouch for who may turn it into a hippodrome
session for a re-hash of a problem already dis-
posed of.
"Finally, as Sen. McCarthy knows, there are
two sides to the UNESCO controversy. I trust,
therefore, that both sides will be given equal op-
portunity to be heard. To that end, may I suggest
that each side be limited in the presentation of its
case to an allotted time."
Following Sen. McCarthy's public statement
cancelling the hearing, the Union issued a state-
ment saying, "We believe that Senator McCarthy's
statement is in the interest of civil liberties and
fair play. He is to be commended for his courag-
eous reconsideration of the problem."
Newspapermen's Contempt
Conviction Held Invalid
The Georgia Supreme Court has dismissed a
contempt of court conviction against two editors
who refused to publish a photograph as ordered
by a lower court judge. A judge has no right to
order publication of material in a newspaper with-
out pay, the high court said. The tribunal so ruled
in dismissing contempt sentences imposed on two
Atlanta Constitution editors by Superior Court
Judge H. E. Nichols of Floyd County.
During a highway safety campaign, the news-
paper cited a traffic case involving a man arrested
in Floyd County and said state patrol records
showed that no record of the case's disposition
could be found in Floyd County. Judge Nichols
sentenced Editor Ralph McGill and Managing
Editor William H. Fields to 20 days in jail when
they refused to publish photographs of court
records.
In dismissing the case, the Georgia Supreme
Court declared that the publications complained
of were true, they concerned a matter in another
court, and could not have obstructed justice. More-
over, it added, "since the space in the paper is the
private property of the owners of the paper the
judge was utterly without power to require or
compel publication therein without pay."
Segregation In S.F. Housing
Subject of June 6 Meeting
"The Story of Segregation in San Francisco
Public Housing" will be discussed at a conference
to be held at the Friends' Center, 1830 Sutter St.,
San Francisco, Saturday, June 6 from 10 A.M. to
3 P.M. The conference is sponsored by the San
Francisco Council for Civic Unity, the local
NAACP, the JACL and the San Francisco Urban
League.
At the morning session, Terry Francois and
Nathaniel Colley, NAACP attorneys, will discuss
the legal aspects of the pending suit against the
San Francisco Housing Authority. Arthur Cohen,
San Francisco attorney, will follow with a talk on
"Neighborhood Pattern: Mask for Exclusion,"
and Asst. District Attorney Cecil F. Poole will
then discuss "Locally imposed segregation, conse-
quences for the whole city."
At the luncheon session, Catharine Bauer Wurs-
ter will give an address entitled, "The National
`Scene: Trends Away from Housing Discrimina-
tion." While there is no admission charge, there
will be a charge of $1.00 for the luncheon. Reser-
vations may be phoned to the Council for Civic
Unity, EXbrook 2-3877. The public is invited.
. The afternoon session will be devoted to a dis-
cussion of the question, "Are Remedies At Hand?"
The ACLU of Northern California is one of a
number of cooperating agencies.
RESULTS OF SPECIAL MEMBERSHIP CAMPAIGN
(TO MAY 26, 1953)
Membership __ Financial
oe Goal Goal
Berkeley... 2 115 $ 775
Carmel 10 15
Davis 5 40
Hayward 5 40
Marin County... 25 175
Modest0. 2. 10 45
Oakland 25 175
Orinda, Laf., ete......................... 10 WD
Peninstila 2 40 275
Sacramento ___......-...-.------------ 25 175
San Francisco.......................-.... 125 850
San dose 10 15
Santa Cruz 5 40
Stockton: =. 10 45
Miscellaneous ................---.--------- --80 225
450 $3,000
Per Cent
New Per Cent Money
Members of Goal Received of Goal
71 61% $ 418.50 54%
9 90% 37.00 50%
20 400% 714.00 180%
72 40% 16.00 40%
8 30% 40.50 23%
3 30% 15.00 20%
15 60% 84.00 48%,
10 100% 65.50 87%
19 471% 92.00 33%
9 37% 49.50 28%,
15 60% 780.00 92%
3 30% 17.00 23%,
1 20% 6.00 15%
6 60% 30.00 40%
8 30% 51.50 230,
259 564% $1,776.50 59%
Page 4
AMERICAN CIVIL LIBERTIES UNION-NEWS
American Civil Liberties Union-News
Published monthly at 503 Market Street., San Francisco 5,
Calif., by the American Civil Liberties Union
of Northern California.
Phone: EXbrook 2-3255
ERNEST BESIG. Editor
Entered as second-class matter, July 31, 1941, at the
Post Office at San Francisco, California,
under the Act of March 3, 1879.
Subscription Rates-One Dollar and Fifty Cents a Year.
Fifteen Cents per Copy -151 as:
Union Supports Ousted Prof.
Who Signed Clemency Petition
The signing of a petition requesting clemency
for the eleven leaders of the Communist Party
convicted under the Smith Act is a constitutional
right, and not a political act that should be pe-
nalized, the Academic Freedom Committee of the
American Civil Liberties Union said last month.
The statement was made in a letter addressed
to Mr. Oscar Stauffer, chairman of Kansas State
Board of Regents, concerning the case of Profes-
sor W. Lou Tandy who was relieved of all duties
at Kansas State Teachers College, although his
pay was continued to the end of his contract pe-
riod, after he joined in a public petition to former
President Truman to pardon the convicted Com-
munists.
The letter was signed by Arthur C. Cole, chair-
man of the Academic Freedom Committee and Dr.
Karl Menninger, noted psychiatrist and member of
ACLU's National Committee.
"It is our opinion," said the letter, "that the per-
sons signing the petition were acting independently
and addressing themselves exclusively to their
common interest in this matter."
The ACLU committee held that "both as a citi-
zen and as a responsible member of society, Pro-
fessor Tandy acted within his rights and with
propriety," and it urged the Kansas State Board
of Regents, which "has gone a long way toward
a just and democratic judgment in this situation"
to make a further statement `commenting upon
the impropriety of the faculty action and the in-
correctness and irrelevance of the acting presi-
dent's views."
The letter sharply questions a statement by act-
ing president of the college John Jacobs that ``any
teacher who wishes to enter the political arena
should sever his connection with his institution,
either by resignation or leave of absence and even
in minor political matters he should take care to
make it clear that he is acting as an individual
and not as a member of a public institution."
"It is impossible to agree with this definition
of political activity as applicable to a petition
signed by a miscellaneous group of persons re-
questing executive action on a single issue,'' the
ACLU committee writes. "If this definition were
accepted, no member of the Emporia staff could
speak or write on any public issue without formal
disclaimer."
The letter also takes issue with the objection
of acting president Jacobs to Professor Tandy's
having used the name of his institution after his
signature in the petition. "The president does not
indicate, as he should," writes the committee,
"that the other signators also indicated their con-
nections; the President does not recognize the fact
that it is common practice for all persons so to
indicate their connections, merely as a device for
identification."
Criticizing the action of the college faculty which
offered its support to "whatever action the ad-
ministration deems necessary," the ACLU letter
states that, "In our opinion, it is totally improper
for a group of teachers to endorse in advance the
action of an administration; such an endorsement
places too great a responsibility upon the admini-
stration and abjectly yields the hard-won rights of
professional self-judgment."
Declaring that the Kansas State Board of Re-
gents, in merely relieving Professor Tandy of duty,
and in taking no action to dismiss him, showed "a
proper regard for contractual right, and solici-
tude for (his) welfare," the ACLU committee
pointed out that "the fact that (he) has been re-
lieved of all duties does, however, leave him under
a cloud," and it "earnestly" requests the Board
to "give further consideration to this problem."
Study of Radio-TV Time for
Political Candidates Starts
The Kaltenborn Foundation has just awarded
a Fellowship to Isaiah S. Bard, native Bostonian,
currently residing in New York City. The Fellow-
ship will enable Mr. Bard, who received his M.A.
in Mass Communications at New York University
School of Education in 1952, to make a study (an
inquiry) into radio and television practices relat-
ing to the air time given aspirants for political
office. This study will be made under the auspices
of the American Civil Liberties Union and will be
supervised by Professor Charles Siepman, Director
of N.Y.U.'s Communication Department.
ACLU Hits Sen. McCarthy's Probe of
Wechsler As Threat to Press Freedom
Following is the complete text of a public
statement issued by the American Civil Liberties
Union following Sen. Joseph McCarthy's investi-
gation of New York Post editor James A.
Wechsler: :
-In accordance with its regular practice, the
American Civil Liberties Union has postponed
making any statement about the April 24 and May
D questioning by Senator McCarthy of James
Wechsler, editor of the New York Post and a re-
cently elected member of the ACLU board, until
the promised publication of the transcript of that
questioning. Now that we have read, not only the
excerpts from the transcript published in today's
newspapers, but also the full text, we want imme-
diately to express our complete confidence in Mr.
Wechsler as a sincere and vigorous and effective
leader of the fight against Communist tyranny;
and, most of all, to protest emphatically the
abridgment of freedom of the whole press implicit
in ae investigation of his editorial policies as
such.
Senator McCarthy's committee is fully entitled
to investigate possible illegal acts (which do not
include mere membership in any organization),
and the possible unwisdom of government opera-
tions-including the use of a particular book by
American information offices abroad. But it is not
entitled to question the author of such a book
about something which is both perfectly legal and
utterly unrelated to the proper subject-matter of
the committee's investigation-namely, in Mr.
Wechsler's case, the way he edits his newspaper,
judgment on which igs no more the business of
Senator McCarthy's committee than it is the busi-
ness of the American Civil Liberties Union.
Newspaper men deserve no special exemption
from questioning about possible illegal acts, or
other matters properly within the jurisdiction of
a Congressional committee, And, if Mr. Wechsler
Judge's Order Barring Press
From Jelke Trial Upheld
By a 3-2 decision, the Appellate Division of the
N. Y. Supreme Court has upheld Supreme Court
Justice Benjamin F. Schreiber in refusing to over-
rule an order by General Sessions Judge Francis
L, Valente barring the press and public from the
Jelke vice trial. The decision leaves the way open
for an appeal to the state's highest court, the
Court of Appeals.
The Appellate Division majority made their
decision without taking a stand on whether the
exclusion order was proper. The court said it would
decide that. issue in case Jelke appeals his convic-
tion. Reversal of the Valente ruling in the present
case might be interpreted as a judicial finding
that Jelke had been denied his right to a public
trial, the majority held.
According to the majority opinion, written by
Associate Justice John Van Voorhis and concur-
red in by Associate Justices Edward S. Dore and
Joseph M. Callahan, the law, providing that
"every citizen may freely attend" all court ses-
Sions, was intended solely to protect the civil liber-
ties of persons accused of crime, and not to
euetanive admittance to press or other "specta-
ors."
At the trial, Jelke's counsel objected to the ex-
clusion of the press as an infringement of his
client's right to public trial under the state judi-
ciary law. ws
The dissenting opinion, by Presiding Justice
David W. Peck and Associate Justice Francis Ber-
gan, cited the lack of precedent for barring the
press or public from prostitution trials. To reject
the plea of the publishers to seek admission to the
court was "tantamount to saying the court will
remain deaf to the assertion of their legal right."
New York newspapers and press associations,
who challenged the Valente ruling, had argued
that he could not stretch the law, which gives a
_ trial judge discretion to refuse public admission in
cases involving divorce, seduction, abortion, rape,
sodomy, bastardy, or filiation, to include compul-
sory prostitution.
Concurring, the minority opinion stated that
``No showing has been made here which would dis-
tinguish the present case in any moral way from
the run of prostitution cases. If for reasons there
appears to be some undue interest in this case, it
would hardly justify an exception to the ordinary
rule. The exception made rather flies in the face
of basic concepts of the impersonality of the law
and equal treatment of all without fear or favor."
The New York Civil Liberties Union had sup-
ported the publishers on the ground of the public's
right to information and the unconstitutional
censorship of Judge Valente's action.
were a banker or a lawyer, we should still protest
his being subjected to questioning about some-
thing which was legal and unrelated to the proper |
subject-matter of the committee's investigation.
But the fact that Mr. Wechsler is an editor
makes even worse the threat to civil liberties
what is implicit in Senator McCarthy's question-
ing. The First Amendment, which prohibits any
abridgement of freedom of the press, does not by
accident stand at the head of the Bill of Rights.
Freedom of inquiry and expression is the prime
freedom of a free society. And a free society can-
not afford even the possibility that its editors may
tone down their own utterances, because of their
knowledge that one of their number has been offi-
cially pilloried merely for expressing adverse opin-
ions about Congressional committees.
The American Civil Liberties Union, therefore,
will energetically support Mr. Wechsler's request
that the American Society of Newspaper Editors
should thoroughly investigate his questioning by
Senator McCarthy.
_ The Union calls on Senator McCarthy publicly
hereafter to confine his investigations strictly to
possible illegal acts and matters directly related to
the proper subject-matter of his committee's in-
vestigation. Senators Jackson and Symington
showed, during the Wechsler questioning, that
they are conscious of the grave danger which it
represents; and Senator McCarthy himself has
shown, in the rules of procedure established for
his committee, that he is aware of civil liberties
considerations in the realm of due process. But it
is long past time for Senator McCarthy and all his
colleagues in the Senate and House, for the news-
paper editors and all the people of this country,
to put an absolute stop to every unconstitutional
and unwise and unnecessary enchroachment on
freedom of speech and freedom of the press.
We can defend our national security without
threatening free expression. We cannot preserve
our individual liberties without exercising them.
Supreme Court Upholds
Federal Gambler's Tax Law
In a 6-3 decision, the U.S. Supreme Court has
upheld the constitutionality of the 1951 federal jj
tax law which taxed gamblers and required them
to register with the Collector of Internal Revenue.
In an opinion by Justice Reed, it was held that
though the tax is regulatory, it does produce
revenue (about 4% million dollars a year), and
was therefore not a prohibited invasion of a busi- (c)
ness which only the states could regulate. The
Court rejected the contention that the tax denied
the privilege against self-incrimination. Since the
defendant, Joseph Kahriger, prosecuted for fail-
ing to register for the wagering tax, had failed to
register, the Court ruled it was difficult to see
how he could now claim the privilege he might
possibly have raised in the tax return. In any
event, the Court ruled, that the privilege against
self-incrimination does nof relate to future acts
that may or may not be committed, and that if the
defendant had wanted to continue in the gambling
business, he had to pay the occupational tax.
.. Justice Frankfurter, in a dissenting opinion,
argued that this was essentially an effort to stamp
out professional gambling, a domain of legislation
reserved for the states. He also thought it a viola-
tion of self-incrimination for Congress to compel
self-incrimination under state gambling laws.
Justice Black, in an opinion concurred in by
Justice Douglas, argued that registration amount-
ed to a coercion of confession which was a viola-
tion of due process of law required by the Fifth
Amendment.
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