vol. 22, no. 7

Primary tabs

American


Civil Liberties


Union


Volume XXII


San Francisco, California, July, 1957


Number 7


Report on S. F.


Red Hearings


The House Committee on Un-


American Activities held hearings


in San Francisco for four days


-jast month (June 18-21). Thirty


of 50 subpoened witnesses were


questioned besides two "friendly


witnesses," Dr. Jack Patten, for-


mer teacher at San Francisco


State College, and Dorothy Jef-


fers.


Collins Represents Five


The ACLU represented five


persons through its General Coun-


sel, Wayne M. Collins of San


`Francisco. Only three of these


witnesses were questioned, while


one waited around without being


called, and the fifth one received


a telegram before the hearings


opened canceling his subpoena.


Mr. Collins appeared on behalf


of Rebecca L. Melner, a San


Francisco school teacher for over


30 years, and Dr. Jane Castella-


nos, a teacher of the Contra


Costa Junior College. He also ap-


peared on behalf of Jane Scrib-


mer, who once taught at San


Francisco State College.


Under the Dilworth Act, teach-


ers must answer questions about


their membership in subversive


organizations since October 3,


1945. Both Miss Melner and Dr.


Castellanos testified they had not


been members of the Communist


Party since October 2, 1945.


Teachers Answer


The Committee also asked


_ questions concerning their asso-_


ciations prior to October 3, 1945,


but in each instance the witness-


es objected to the questions. In


neither case was the witness di-


rected to answer the questions,


so the inference may be drawn


that the objections were sus-


tained. In other words, both


teachers answered the questions


they were required to answer and


neither one rested on the Fifth


Amendment.


in San Francisco, the Board of


Education was scheduled to con-


sider Miss Melner's case at its


meeting on June 25. They were


also scheduled to consider the


eases of two `teachers who were


subpoenaed but not called to tes-


tify.


The only question before the


Board would seem to be whether


it wishes to question Miss Melner |


and the unidentified teachers. In


_ Miss Melner's case, there would


seem to be no point in going over


the same ground covered by the


Committee, which Mr. Preyer ad-


mits shows no violation of the


Dilworth Act. With respect to


the unidentified teachers, unless


there is some showing that they


have had left-wing activities since


October 3, 1945,


Contra Costa Teacher


Insofar as Dr. Castellanos is


concerned, Supt. Drummond J.


McCunn said he will seek advice


from his legal counsel. However,


he was high in his praise of Dr.


Castellanos as a teacher. "We've


watched her work... there's no


evidence to indicate she has been `


anything but a good American


citizen."


Jane Scribner denied any mem-


-Continued on Page 2


S. F. Board Takes


No Action Against


Subpoened Teachers


The San Francisco Board of Ed-


ucation on June 25 heard a report


from its legal advisor, Irving G.


Breyer, that Miss. Rebecca Melner


and two unnamed teachers had


been subpoenaed to testify before


the House Committee on Un-


American Activities. After hear-


ing the report, no action was


taken.


Breyer expressed the opinion


that there was no basis for dis-


ciplinary: acticn agaist Miss Mei-


ner since she had answered the


Committee's questions for the pe-


riod since October 3, 1945, as re-


quired by the Dilworth Act.


He also expressed a doubt that


the Board could bring discipli-


nary proceedings against her if


she refused to answer their ques-


tions for the period prior to Oc-


tober 3, 1945, "because of the


fact that the Tenure Law has a


three-year statute of limitations.


Miss Melner has been teaching in


San Francisco since 1926.


"Although I have the names of


the other two teachers who were


subpoenaed by the Committee,"


Mr. Breyer went on to report,


"(one of whom was identified by


a witness at the hearing as having


been a member of the party), I


do not feel that it would serve


any good purpose to identify them


by name at this time, unless the


Board of Education desires to go


into the matter further."


there would |


`seem to be no point in the board


questioning them.


`than last year as a resul


Campaign Closes


With 468 New


Members


The 1957 Special Membership -


' Campaign has ended with about


80 per cent of its goals attained.


The ACLU sought 600 new mem-


bers, and on June 20 it had se-


cured 463. The financial goal was


$5000, while $4007 was received.


The results compare favorably


with the results of last year's


campaign when on October 31 ex-


actly 518 new members had been


signed up. The financial returns


this year are already ae ereater


pound-of $1050


in special gifts secured a ACLU


Treasurer William M. Roth. Ad-


ditional returns will trickle in


`during the next few months.


Outstanding Results


As reported last month, out-


standing results were secured in


San Mateo, San Jose and Rich-


mond. This month we add Santa


Cruz to that list.


Emily Skolnik's San Mateo


team secured 65 new members


and $367, as against goals of 10


new members and $75. That is a


tremendous record.


Henry Hammer, of San Jose,


almost single handedly secured


31 new members and $187.50,


while the goals of that area were


only 10 new members and $75.


Santa Cruz, under Robert Ben-


nett's leadership, secured 20 new


members and $150, or exactly


double its goals.


Under the leadership of Attor-


ney Joseph Landisman, the Rich-


mond - El Cerrito area secured 20


new members and $112.59, while


its goals were only 10 new mem-


bers and $75.


Hayward and Los Altos, under


- the leadership of Richard Elliott


and Theodore Baer, respectively,


both surpassed their membership


goals and almost reached their


financial goals.


Berkeley and Marin


Berkeley, under the leadership


of Mrs. Audre Ohman and Mrs.


Madge Payne, secured 70 new


members and $408. Marin county,


headed by Don- Kirschner, also


made a good showing by securing


56 memberships and $311.


The ACLU's thanks go to every


member who contributed his


services in making the campaign


a success. It not only paid off in


new memberships and money to


keep the ACLU on the firing line,


but also in valuable education


about the Union's program.


_ Results of Special Membership Campaign


(To June 20, 1957)


eon berslin ee New Per Cent. Money Per Cent


: Goal Members of Goal Received of Goal


Berkeley =. 100 0x00A7 750 70 10% $ 408.00 54%


Davis 2-25 15 112 pA = 27% (20.25 (c) 18%


`Diablo Valley _.............. / 15 1 3) 38 ~ 20%. 15.00 14%


Eresn0. 2 20 `150 5 25% 30.00 20%


Hayward 22... 10 75 12 120% 65.00 87%


Los Altos 2... 15 112 "3 19 127% 95.00 85%


-Marin County _........... 75 525 56 15% | 311.00 - 59%


. Menlo Park _......... of 20 150 15 15% 116.00 - -11To.


Modesto 2 "10 75 2 2070. 15.00. 20%


Monterey Peninsula oe 20 150 A 20%: 121.00 81%


Oakland: 80 221 10 33% 61.50 28%


Palo Alto = 8 30 225 Za 17%" 172.00 18%


Redwood City _.............. 10 TS 9 90% 50.00 67%


Richmond 2 3. 10 75 20 200% 112.50 150%


Sacramento ...........2.....- 2. 20 25 10 40%. 83.00 47%


San Francisco ................ 125 1000 q3 58% 447.25 45%


San JOS@ 22 ~ 10 75 31 . 310% - 187.50 250%


`San Mateo 2200200000000 10 TG 65 650% 367.00 489%


Santa Cruz. = 10 75 20 200% 150.00 200%


Santa Rosa .......... ae 35 - _ 10.00 29%


Slanford 2: 10 (ie 6 60% - 40.00 53%


Stockton 15 112 2 13% 15.00 13%


| Watsonville ...2..0002.0....... 10 225) - - - _-


| Miscellaneous _............... - - ay -_ 64.50. - .


Special Gifts ..........0000.... ~ 500 - -_, 1050.00 210%


600 $5000 468 18% $4007.00 - 80%


Cops Arrest 2


For Selling


`Obscene' Books


San Francisco police early last month arrested Lawrehce


Ferlinghetti, 38, proprietor of the City Lights Bookshop, 261


Columbus Ave., and his clerk, Shigeyoshi Murao, 31, 615


Broadway, and `accused them of violating the California ob-


scenity law. They were charged with selling "(Howl and Other


Poems," by Allen Ginsberg, and


an issue of "The Miscellaneous


Man," a literary magazine with a


small circulation that is pub-


lished in Berkeley.


Not for Children


Capt. William A. Hanrahan of


the juvenile bureau explained,


"We purchased one of each of


those books and found them


lewd. They are not fit for chil-


dren to read."


Thomas Speech


_A tape recording of Norman


Thomas' speech, "Tomorrow's


Freedom," given at the Kent


Estate in Kentfield on May 28


at a meeting of the Marin


County Chapter of the ACLU


of Northern California, will be


broadcast by FM Station KP-


FA of Berkeley, 94.1 on your


radio dial, at the following


times:


SUNDAY,


July 7, at 4:30 p.m.


WEDNESDAY,


July 10, at 8:15 p.m.


On KPFA


Customs Loses


On "Howl Ban


Efforts of Chester R. McPhee,


San Francisco Collector of Cus-


toms, to seize and destroy what


he claimed were obscene publica-


tions failed on May 29. U.S. At-


torney Lloyd H. Burke refused to


bring "libel" proceedings to de-


stroy the publications, so Mr.


MacPhee had no choice but to


release them. ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_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_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log


The first seizure by MacPhee


took place on February 21 when


he refused to release "The Mis-


cellaneous Man," a literary mag-


azine published in Berkeley but


printed in England. MacPhee ob-


jected to a:"dirty story told in


dirty words" by Safford Cham-


berlain. The story was one of


three which Chamberlain sub-


mitted as part of his thesis in


English at Cornell University and


for which he received his Mas-


ter's degree.


With that fine start, Mr. Mac-


Phee, on March 21, carried on by -


seizing 519 copies of "Howl and


Other Poems" destined for Law-


. rence Ferlinghetti, proprietor of


San Francisco's City Lights Book-


shop. Mr. MacPhee objected to


four or five dirty words that ap-


peared in the poem. :


MacPhee says that this is the


first time in four years that his


decision has not been accepted.


The answer is that this is the


first time in four years that any-


one has questioned his judgment.


MacPhee relies upon the advice


of four top men in his office. Un-


fortunately, these men know noth-


thing about cases on obscenity


decided in the courts and use


their own inadequate yereatick


ue what is obscene.


Richmond Obscenity |


Proposal Dropped


A proposed Richmond, Calif.,


obscenity ordinance' "which pun-


ished the mere possession `of ob-


scene books, pictures, etc., even


though they were not held for


distribution or sale,' has been


quietly dropped. The proposed


. ordinance would have allowed


police officers to seize what in


their judgment was obscene' mate-


rial.


The proposal was opposed by '


the local bar. association, the


ACLU and others.


Both men were released on


$500 bail supplied by the ACLU


of Northern California. They will


be represented by the Union's -


local staff counsel. |


Motions to dismiss the charges


were denied and the cases have


been set for a jury trial on Au-


gust 8. .


Capt. Hanrahan suggested that


the books were seized only after


a complaint had been made.'


"Somebody's got to make a com-


plaint against them," said he,


"then we look them over and try


to decide whether they're athy,


lewd or indecent.


"Too Broadminded"


"It's not me alone. I'm too


broadminded to pass on books,"


the Captain went on to say. "I let


others do that-and then we pass


`em along to the District Attor-


ney to decide."


Assistant District Attorney


Regis Swetmann said he agreed


that the publications violated the


law and authorized the arrests.


District Attorney Thomas C.


Lynch said he had not been con-


sulted.


Inspectors Russell Wood and


Thomas Page made the purchases


and arrests in the case, but 0x00B0


neither the written complaint


nor the police officers specified


exactly what was wrong with the


publications. The written com-


plaint merely charges a violation


of "Section 311.3 of the Penal


Cede of the State of California in


that said defendant did wilfully


and lewdly print, publish and


sell obscene and indecent writ-


ing, papers and books, to wit:


`Howl and Other Poems' and `Mis-


cellaneous Man,' Nos 11 and 12."


Dirty Word Test


As far as we can figure out, bas-


is for the arrest lies in the fact


that both publications contained


some vulgar words. But, is that


the test of obscenity? Shouldn't


a publication be judged as a


_whole? In neither instance are


we dealing with a publication


that prints dirt for dirt's sake.


And, of course, the test is not


whether these publications are


too rugged for children. They


weren't published for children


and children wouldn't be inter-


ested. in reading them.


The Booksellers Association of


Northern California protested


that HOWL "does have literary


merit and there is no doubt that


it is a sincere literary expression.


in which alleged `vulgarities' ap- .


pear only incidentally and in con-


text cannot be considered ~ob-


scene, nor would the alleged


`vulgarities' have any corrupting


influence-certainly not on any-


one with the mature intelligence


necessary to read and ade


- the poems." -


Many Protests -


The prosecution has aroused


many writers and persons inter-


ested in good literature. `Tne


"Letters to the Editor" column


of the San Francisco Chronicle


have been flooded with protests


against. the police action.


_ Editorial comment by the San


Francisco Chronicle, "Making a


Clown of San Francisco,' may


be found elsewhere in this issue


of the oe is


~ | ACLU Condemns


In This Issue...


Un-Americans ....:. Page 3


Legislature Adjourns- -


Civil Liberties Gains


- - Losses' Minor... .. Page 4.


| Making a Clown of S.F. . Page 2


f Un-Americans Curbed . oe


"by High Court ......Page 3 |'


Making a Clown


Of San Francisco.


As a city with some pretense to culture, enlightenment,


`liberality and sophistication,


San Francisco has been sent


sprawling into an unseemly and ludicrous posture.


The Police Department and the Public Library Commis-


sion, working independently but with equal witlessness, have


contrived to give the community an appearance of profound-


est imbecility.


The Police Department has not only set itself up as a cen-


sor of literature, but has enunciated a remarkable code for


the guidance of booksellers who are averse to jail. Police


arrested a clerk at the City Lights Bookshop (and obtained


a warrant for his employer) for having sold two books which


the U. S. Government lately released from confiscation by


an overzealous and notably prissy Customs Collector. Then


the Department solemnly proclaimed that henceforth the


legality of books will be measured with a kindergarten or


grammar-school yardstick. "We have purchased one of each of


those books," said Police Captain William A. Hanrahan in


reporting the arrest. "They are not fit for children to read.


Here is a new and startling doctrine and one which, if fol-


lowed to the letter, would clear many of the world's classics


from local bookstores, not excepting the Bible wherein is


many a chapter and verse not recommended for perusal by


tiny tots.


The Police Department's rampageous excursion into cen-


-sorship may be explained by ignorance-not only of litera-


ture, but also of the laws and court decisions pertaining to


censors. No such pleading can be advanced for the Library


Board, which is clearly guilty not only of a perversion of its


functions, but also'of an almost hysterical attempt to duck


responsibility.


For a year, the fearful board has kept under lock and key,


an assortment of Chinese books and pamphlets-ranging


from fairly tales through art folios to the political pronounce-


`ments of Mao Tse-tung-while frantically petitioning the


FBI, the U. S. Attorney General and the State Un-American


Activities Committee to tell it if this reading matter is "sub-


versive."'


We submit that this is a finding that any adult, reasonably


intelligent Library Board could and should make for itself.


We further submit that even if the publications were ``sub-


versive" to the Nth degree, a dutiful Library Board would be


in there fighting for its constitutional right to stock and cir-


culate them. For a library ought in all good conscience to be


a repository for all writings, a collection of all books wherein


the wisdom, and also the unwisdom, of all martkind can be


glimpsed for the formation of judgments that are informed


and intelligent.


If the Police Department and the Library Board prevail,


San Francisco's judgments are henceforth to be based en-


tirely on Mother Goose, The Sleeping Beauty, and Senator


Hugh Burns' official correspondence.-Kditorial from the


June 6, 1957 issue of the San Francisco Chronicle.


Protest Security Plan


At Laguna Honda Home


The ACLU recently protested


to Mayor George Christopher of


San Francisco and Dr. Ellis D.


Sox, Director of Public Health,


against adoption of regulations


requiring employees of Laguna


Honda Home who use the Home's


parking lot to permit search of


their vehicles and persons.


' The new procedure springs from


the recent disclosure that an em-


ployee at the Home had for many


years carried off city property in


his car. As a remedy against this


situation it was proposed that all


employees be required to park


their cars at the parking lot on


the grounds. The City Attorney


advised the Manager of the Home


that employees couldn't be com- .


pelled to use the City's parking


facilities, but that the city could


prescribe the terms for the priv-


ilege of parking on the lot at the


Home.


Application Form


Accordingly, employees desir-


ing to use the parking lot were


required to fill out an application


form, which includes the follow-


ing condition:


"3. To cooperate with a secu-


rity plan of operating said park-


ing area. Under said plan the


Superintendent, his duly desig-


nated representative or repre-


sentatives, or any officer of the


San Francisco Police Department,


shall have the right to search my


automobile, my person, any pack-


ages, bundles, baggage, contain-


ers or other properties I may


have in my possession, or in said


automobile, whenever deemed


necessary as I am in the process


of entering the premises of La-


guna Honda Home in said auto-


mobile, or at or about the time I


am in the process of leaving said


home in said automobile, or to


search said automobile at any


time on said premises."


"There is no question," said


the Union's protest, "that the


city may make reasonable rules


and regulations for the use of the


parking facilities at Laguna Hon-


da Home by its employees. The


question raised by this `Applica-


tion' is whether the City is justi-


fied, as a condition for the exer-


cise of a privilege, to require that


employees waive their rights


against invasion of personal free-


dom by Home and police author-


ities. ...a drag-net method of law


enforcement will be resorted to


in which the liberties of the in-


nocent employees will be invaded


in order to catch possibly a few


law breakers.


"We are sure that reasonable


safeguards may be found in pro-


tecting the interests of the com-


munity without sacrificing indi-


vidual freedom."


Referred to Brooks


Mayor Christopher referred the


matter to his Chief Administra-


tive Officer, Mr. Thomas A.


Brooks, "with the request that


he conduct a full and thorough


investigation into the application


for parking permit procedure to


determine whether any injustice


or hardship is being done the em-


ployees of the Laguna Honda


, Home." That is where the mat-


ter stands at this writing.


Report on S.F.


Red Hearings


Continued from Page 1-


bership in the Communist Party


since 1948, and objected on va-


rious grounds, including the Fifth


Amendment, to answering ques-


`tions concerning her associations


before that time.


Other highlights of the hear-


ings were as follows:


1. The suicide of subpoenee


William K. Sherwood after learn-


ing that the Committee's hearings


were to be televised. (`In the


light of what has happened," said


Ernest Besig, the ACLU's local


director, "the subcommittee


ought to abandon the hearings


before they do further damage.'')


2. The intemperate attack of


Rep. Gordon H. Scherer on the


Board of Governors of the State


Bar of California for censuring


the Committee's December, 1956,


hearings in Los Angeles. By and


large, however, both the members


of the Committee and its counsel


and the witnesses behaved them-


selves with decorum.


Wouse Rules Violated


8. Televising and radio broad-


casting of the hearings in viola-'


tion of the rules of the House. _


4. Reliance of witnesses on the


June 17 decision of the U. S. Su-


preme Court in the Watkins case


and demanding to know the per-


tinence of various questions that


were asked. Frank Tavenner,


Committee counsel, claimed that


having to answer these questions


slowed down the hearings and


`prevented all of the witnesses


from being called. On the other


hand, there didn't seem to be any


filibustering on the part of wit-


nesses.


5. Refusal of KCBS radio broad-


caster Louis Earl Hartman


(known on the radio as Jim


Grady) to answer Committee


questions and relying not on the


self-incrimination sections of the


Fifth Amendment but on the


First, Sixth, Ninth, Tenth, and


due process clause of the Fifth


Amendment. Hartman has been


suspended from his job and faces


dismissal for refusal to answer


the Committee's questions.


Besides representing five sub-


poenaed witnesses through its


`General Counsel, the ACLU also


assisted other witnesses to se-


cure counsel.


Exposure


It is difficult to see what prop-


er legislative purpose was served


by the Committee's hearings in


San Francisco. It seems to the


ACLU that the Committee was


doing exactly what the Supreme


Court said it couldn't do-expos-


ing for the sake of exposure, and.


thereby invading the private


rights of individuals.


Besides Congressman Scherer,


the other members of the sub-


committee were Chairman Fran-


cis J. Walter of Pennsylvania,


who was absent on the last day


of the hearings, and Robert J.


- McIntosh of Pennsylvania.


High Court |


Curbs Union


Picketing


The Supreme Court on June 17


put a brake on union picketing


for organizing purposes.


A 5 to 3 decision upheld a Wis-


consin state court injunction for-


bidding a picket line that harmed


an employer with whom the un-


ion had no dispute. The Wiscon-


sin court had inferred that the


union's intent was to induce the


employer to urge his workers to


join the union. Such coercion is


a violation of state law.


The principals were the Inter-


national Brotherhood of Team-


sters, Local 695, and Vogt, Inc.,


which operates a gravel pit in


Oconcmowoc, Wis.


The dissenting opinion said,


"The court has now come full cir-


cle" and surrendered the free


speech protection enunciated in


the first of a long line of picket-


ing decisions. :


ACLU Comments


On Government


Security Plan


The American Civil Liberties


Union on June 23 offered a pre-


liminary comment that the Com-


mission on Government Security


report points the way toward cor-


rection of many abuses of civil


liberties in the Government secu-


rity program. The ACLU state-


ment was made public by Patrick


Murphy Malin, ACLU national


executive director.


The full text of the ACLU


statement follows:


The Commission on Govern-


ment Security report is a com-


prehensive study which points


the way toward correction of


many abuses of civil liberties in


the government's security pro-


grams.


- The length of the 800-page re-


port makes a complete analysis


impossible at this time. The Com-


mission's findings will be care-


fully scrutinized by the Union's


specialists in the security field


and our board of directors, and a


. full statement presented later,


Three Important Changes


However, our first examination


gives us reason to cheer three im-


portant proposed changes in the


federal employee security pro-


gram: (1) the granting of hear-


ings to all applicants whose loy-


alty is questioned; (2) improve-


ment in the key area of confron-


tation and cross examination by


revealing to the employee the


sources of information in the gov-


ernment files except for official


counter-intelligence agents; and


(3) giving to the hearing exam-


iner of the newly-created Central


Security Office, and to the em-


ployee or applicant, the right to


subpoena witnesses to testify at


loyalty hearings.


The proposed granting of hear-


ings for applicants will correct a


major defect of the present pro-


gram, the lack of opportunity to


challenge derogatory information


collected in the central index


file of the Civil Service Commis-


sion. Without an opportunity to


challenge such data, the appli-


cant is subject to "blacklisting"


in his future employment search.


Confrontation


Confrontation of all but coun-


ter intelligence agents should be


a big aid in eliminating idle


neighborhood gossip, which, un-


der the present system, the em-


ployee has never been able effec-


tively to rebut. Similarly, the


power to subpoena witnesses will


make clear to. persons who give


information to security officers


their responsibility to be exact in


their statements, and thus reduce


the danger of loose information


seeping into security files. GZ


The Commission's recommended


elimination of the "confidential"


category in the document-classifi- _


cation system can lead to more


public information on govern-


_ Ment operations. And its rejec-


tion of an extension of the indus-


trial security system to cover all


persons having access to defense


plants can help prevent investiga-


tion of millions of persons having


ACLU "Consulted" by


Brown on "Girly" Mags


Attorney General Edmund G.


Brown last month expressed his


concern about 50 "sexy maga-


zines" an assistant picked up on


San Francisco newsstands. He


said he was going to study them


to determine whether they vio-


late the State's obscenity statute,


and then consult with clergymen,


educators and the ACLU.


Barry Churton, a young man


from Mr. Brown's office, did drop


by with six of the magazines,


which the ACLU director thumbed'


through. The purpose of the in-


terview was unclear, except to


enable the ACLU director to ex-


press his personal views on ob-


scenity prosecutions about which


the young man was very unin-


formed.


no real contact with secret de-


fense information and materials.


Central Security Office


The major recommendation for


the creation of a Central Security


Office is much too involved for


any final judgment at this time.


Its stress on uniform regulations


and better trained security offi-


cers could ease pressure on civil


liberties. However, we want to


review more fully the question


whether such an office would be-


come a bureaucratic apparatus of


too much centralized power.


Not all of our preliminary com-


ments are favorable. The Com-


mission would have the Depart-


ment of State retain its power to


deny passports as a security meas-


ure, and prevent people from


traveling to places unauthorized


by the Department. We regard


this practice as a serious curb on


individual freedom. We had also


hoped the Commission would


urge an end to wire tapping by


the Department of Justice, and


we regret that the Commission


did not see fit to support this po- |


sition.


We emphasize that these com-


ments are only tentative and that


when our complete review is con-


cluded, a more comprehensive


statement will be made.


Restrict Use


Of San Rafael |


Anti-Leaflet Law


The City Attorney of San Ra-


fael, A. E. Bagshaw, after recon-


sidering the matter, has decided


that the city's 1928 anti-leaflet or-


dinance was improperly applied


`when police stopped Business


Representative Henry Romigu-


iere of the Cleaning and Dye


House Workers Local from hand-


ing out leaflets inviting employ-


ees of the Marin Drive-In Clean-


ers entering the establishment to


attend an informational meeting


at Painters Hall.


Not Applicable


Said Mr. Bagshaw: "...Char-


ter Ordinance No. 139 is not ap-


plicable to the distribution of


handbills by representatives of


Organized Labor, or religious


groups, or, in fact, by any individ-


`ual or group which has for its


purpose the distribution of infor-


mation or argument and is not


engaged primarily in a commer-


cialized activity."


Mr. Bagshaw also ruled that the


ordinance should be applied


"only against the distribution of


handbills and other advertising


matter for purely commercial


purposes." The Police Depart-


ment has been furnished a copy


of the opinion for its guidance.


Democrats Restricted ,


The Central Labor Council of


San Rafael and the ACLU both


protested against the recent' po-


lice action. The ACLU also com-


plained that it had received re


ports that police had "restricted


the distribution of leaflets by the


Democratic Party on some occa-


sions to the sidewalk in front of


its headquarters. If political leaf-


lets were distributed elsewhere


it was necessary to secure permis-


sion of the owner of the particu-


lar property in front of which the


particular distribution was made."


"Freedom to distribute infor-


mation to every citizen wherever


he desires to receive it," said the


U. S. Supreme Court some fif-


teen years ago, "is so clearly vital


to the preservation of a free so


ciety that, putting aside reason-


able police and health regula-


tions of time and manner of dis-


tribution, it. must be fully pre-


served."


ACLU NEWS


July, 1957


Page 2


Text of Statement:


ACLU Condemns


Un-Americans


June 18-The American Civil


Liberties Union of Northern Cali-


fornia declared today that no


proper legislative purpose will be


served by the San Francisco hear-


ings of the House Committee on


un-American ..Activities. - they


are not intended to secure infor-


mation," said the ACLU ina state-


ment released by Ernest Besig,


the ACLU's local director, `but


merely to publicize what the com-


mittee already knows about the


past activities of persons who are


allegedly present or former mem-


bers of the Communist Party.


Bent on Punishment


"AJl information available to


us," the statement went on to


say, "points to the fact that most


of the subpoenees, if they were


ever members of the Communist


Party, have long since left it.


That ought to satisfy most Ameri-


cans, but not the House Commit-


tee on un-American Activities.


That committee will smear them


as untouchables who are unfit for


any employment. They are bent


on punishing them, not because


they have any present association


with Communism, but solely be-


eause they refuse to serve as In-


formers.


"Such cruel and harsh treat-


ment," the statement continued,


"spells economic hardship or ruin


for many persons who have long


since abandoned their former be-


liefs. We trust that the subpoe-


nees will be judged by their em-


ployers on the basis of their com-


petence, performance and loyalty


and not on the basis of their re-


fusal to cooperate with the com-


mittee." :


Dignity Lacking


The statement also called at-


tention to the recent character-


ization of the committee's De


Reconsideration -


Denied by School


Board In Mass Case


On June 25 the San Francisco


Board of Education refused to re-


consider the dismissal of John W.


Mass, City College teacher, who


was fired in 1953 for refusing to


testify before the House Commit-


tee on Un-American Activities.


In 1953 the Board said the Dil-


worth Act gave it no discretion


but to bring dismissal proceed-


ings against Mass. Recently, the


California Supreme Court re-


versed the dismissal for the pur-.


pose of allowing Mass to explain


why he did not answer the Com-


mittee's questions. It declared


that the Board did have discre-


tion to bring dismissal proceed-


ings.


Superior Judge Milton D. Sa-


piro denied a motion to direct the


Board to reconsider its dismissal


action of 1953, but he did allow


such a request to be made direct-


ly to the Board, which it has now


turned down.


The case will,not be set for a


hearing before Judge Sapiro.


MacPhee's Aide Drums


Up Support For Him


Chester R. MacPhee, Collector


of Customs in San Francisco, re--


cently admonished his administra-


tive aide, Mary L. Campbell, for


sending a letter to the Second


District P-TA requesting resolu-


tions of commendation for Mr.


MacPhee's campaign against


books and magazines he regards -


as obscene. "


McPhee claimed Miss Camp-


bell had not kept a copy of the


letter, while the P-TA refused to


furnish a copy to the ACLU. Nev-


ertheless, on the basis of the let-


ter the P-TA wrote a letter to


MacPhee "commending and sup-


porting his action in opposing the


importation of pornographic mag-


azines and books," and urging its


units to do likewise.


ACLU NEWS


July, 1957


Page 3


cember, 1956, hearings in Los An- .


geles by the Board of Governors


of the State Bar as "improper and


lacking in the dignity of the Unit-


ed States." "We are hopeful,"


said the ACLU statement, "that


the committee will be at some


pains to conduct the present hear-


ings with dignity and a high de-


gree of fairness."


The ACLU also declared that


it is still of the opinion that the


committee should be abolished


because it violates freedom of ex-


pression, tries people by publicity


without affording them any legal


protections and is a senseless


waste of the taxpayers' money.


The ACLU said that six of the


subpoenees will be represented


by its General Counsel, attorney


Wayne M. Collins of San Fran-


cisco. It has also assisted other


subpoenees in security private


counsel.


Red Literature


Withheld by


S.F. Library


The ACLU has protested to the


San Francisco Library Commis-


sion against withholding from


use for more than a year certain


publications from the National


Library of Peiping. Library at- -


taches were fearful that the pub-


lications might be regarded as


subversive.


The ACLU suggested that a li-


brary is a repository for all kinds


_ Of books, containing all kinds of


ideas and including many that


people did not agree with.


The Library originally sought


guidance from Attorney General


Edmund G. Brown, who referred


them to the Senate Fact-Finding


Committee on Un-American Ac-


tivities. Recently, the Commit-


tee's counsel applauded the Li- -


brary for withholding the propa-


ganda from circulation.


Apparently not content with


Mr. Combs' judgment, the Com-


mission had also written to At-


torney General Herbert Brown-


ell, Jr., and FBI Director J. Ed-


gar Hoover. Neither one has re-


sponded.


The latest candidate as censor


is John Foster Dulles. If he does


not respond, then local Congress-


men will be asked to pressure J.


Edgar Hoover to express an opin-


ion.


Lamont Sues


For Passport


WASHINGTON, June 18.-Cor-


liss Lamont carried his fight to


obtain a passport to the United


States District Court for the Dis-


trict of Columbia today.


The author and teacher was re-


fused a passport in 1951 on the


ground that his travel abroad


"would be contrary to the best in-


terests of the United States." He


was refused again when he re-


applied on March 20, 1957.


A complaint was filed by Leon-


ard B. Boudin of New York and


Harry I. Rand of Washington, at-


torneys for the author and lec-


turer in philosophy. They based


the legal action on the conten-


tions that Dr. Lamont's right to


travel should not be conditioned


upon answering questions relat-


ing to the Communist party or


upon compliance with any other


political test. The complaint for


a declaratory judgment and in-


junction was filed against Secre-


tary of State Dulles. .


In a letter to Mr. Dulles made


public today, Dr. Lamont wrote:


"T feel compelled to institute this


lawsuit because the State Depart-


ment's passport office, which is


under your authority, has unfair-


ly and unconstitutionally denied


my request for a passport." He


added: "It seems to me. Mr. Sec-


retary, that you and the passport


office have set up a little dicta-


torship within the State Depart-


ment."


Nominal Member


Of C.P. Faces


Deportation


The ACLU last month appealed


to the Board of Immigration Ap-


peals from an order of a Special


Inquiry Officer ordering the de-


portation to Australia of a San


Francisco woman, the mother of


three children, because of mem-


bership in the Communist Party


for almost two years from 1946


to 1948.


The ACLU contends that the


woman's relationship to the party


was so nominal as not to make


her a member within the terms


of the Immigration and Nation-


ality Act.


Common Interest


If she had ever heard of the


Communist Party at the time of


joining in 1946, it had never


made an impression upon her.


At the time she joined she was


under the impression that they


were working for socialized med-


icine. Also, she thought this


would give her a common in-


terest with her husband, who


joined at the same time.


She couldn't understand their


pamphlets, so she didn't bother


to finish them. And, she didn't


understand the discussions at


their meetings. At the time she


quit, she had no more knowledge


of what the Communist Party


-stood for than when she started.


She saw nothing wrong with


our form of Government at the


time she joined the party, nor |


does she at the present time. At


the time she joined, she just


thought the medical set-up could


be improved a little.


Shadowy Membership


"Consequently," said the ACLU


in its brief, "she had and even


now has `no real knowledge' of


the platform and purposes of the


party. Her membership was one


of appearance only. It was arti-


ficial and shadowy. The alien did


not change her political or econ-


omic thinking one whit when she


joined the party or during her


stay in it. At the time she joined,


she would have joined any other


group, irrespective of its name,


which stood for socialized med-


icine."


If the Board rules against the


alien, an appeal will be taken to


the courts.


Cal. Smith Act


Convictions


Reversed


The U. S. Supreme Court on


June 17 reversed the convictions


of the 14 California Smith Act de-


fendants. The court ruled that


the evidence against five of the


defendants "is so clearly insuffi-


cient that their acquittal should


be ordered." The nine others


were granted a new trial.


One of the charges against the


defendants, that of conspiring to


organize a group to advocate and


teach the violent overthrow of


the government, was held to be


barred by a three-year statute of


limitations. They decided that


the word "organize" refers "only


to acts entering into the creation


of a new organization, and not to


acts thereafter performed in car-


rying on its activities, even


though such acts may loosely be


termed `organizational'."


The court concluded that since


the Party "came into being in


1945, and the indictment was not


returned until 1951, the three-


year statute of limitations had


run on the `organizing' charge,


and required the withdrawal of


that part of the indictment from


the jury's consideration."


Otherwise, the main holding of


the court was that the Smith Act


does not prohibit advocacy "in


the sense of preaching abstractly


the forcible overthrow of the


Government." The trial court,


therefore, erred in not charging


the jury to this effect.


Only seven members of the


court participated in the decision.


Justice Clark dissented, while


Justices Black and Douglas dis-


sented in part. The latter were in


favor of reversing the conviction


against all of the defendants.


The American Civil Liberties


Union appeared as "friend of th


court" in the case.


courts in other cases.


Un-Americans


Curbed by


While the 6 to 1 decision of the


U. S. Supreme Court in the Wat-


kins case, handed down on June


17, has been interpreted as plac-


ing restraints on legislative in-


vestigating committees, most of


those restraints were not neces-


sary to the decision, and conse-


quently are not binding upon the


In the


words of Justice Frankfurter, the


only thing the court held was.


that "the actual scope of the in-


quiry that the committee was au-


thorized to conduct and the rele-


vance of the question to that in-


quiry must be shown to have been


luminous at the time when asked


and not left, at best, in cloudi-


ness."


Watkins was prosecuted under


a Federal statute which requires


witnesses before Congressional


committees "to answer any ques-


`tion pertinent to the question un-


der inquiry."


Identifying Names


When he appeared before the


House Committee on Un-Ameri-


ean Activities, Watkins took the


position that he would be willing


to "answer any questions which


this committee put to me about


myself. I wiil also answer ques-


tions about those persons whom


I knew to be members of the


Communist party and whom I be-


lieve still are. I will not, how-


ever, answer any question with


respect to others with whom I


associated in the past. I do not


believe that any law in this coun-


try requires me to testify about


persons who may in the past have


been Communist party members


or otherwise engaged in Commu-


nist party activity, but who to


the best of my knowledge and be-


lief have long since removed


themselves from the Communist


movement." Watkins did not rest


on the Fifth Amendment in re-


fusing to answer questions con-


cerning persons he believed had


left the party.


Watkins was never a member


of the party. But for about five


years he had "cooperated with


the Communist party and partici-


pated in Communist activities to


such a degree that some persons


may honestly believe that I was a


member of the party."


The Committee claimed it was


investigating communism in the


labor movement, but of the 30


names which Watkins was asked


to identify, "seven were com-


pletely unconnected with organ-


ized labor."


Pertinency of Questions


"Unless the subject matter has


been made to appear with undis-


putable clarity, said the Supreme


Court, "it is the duty of the in-


vestigative body, upon objection


of the witness on grounds of per-


tinency, to state for the record


the subject under inquiry at that


time and the manner in which


the propounded questions are


pertinent thereto. To be meaning-


ful, the explanation must describe


what the topic under inquiry is


and the connective reasoning


whereby the precise questions


asked relate to it.


"The statement of the commit-


tee chairman in this case," the


court went on to say, "in response


to petitioner's protest, was woe-


fully inadequate to convey suffi-


cient information as to the per-


tinency of the questions to the


subject under inquiry. Petitioner


ligh Court


was thus not accorded a fair op-


portunity to determine whether


he was within his rights in refus-


ing to answer, and his conviction


is necessarily invalid under the


due process clause of the Fifth


Amendment."


First Amendment


The court's opinion does not


hold that a witness may rest on


the First Amendment in refusing


to answer questions of the House


`Committee. Nevertheless, it does


say that "The first amendment


may be invoked against infringe-


ment of the protected freedoms


by law or by lawmaking.


"Abuses of the investigative


process may imperceptibly lead


to abridgment of protected free-


doms. The mere summoning of


a witness and compelling him to -


testify, against his will, about his


beliefs, expressions or associa-


tions is a measure of Govern-


mental interference. And when


those forced revelations concern


matters that are unorthodox, un-


popular, or even hateful to the


general public, the reaction in


the life of the witnesses may be


disastrous. This effect is even


more harsh when it is past be-


liefs, expressions or associations


that are disclosed and judged by


current standards rather than


those contemporary with the mat-


ters exposed. Nor does the wit-


ness alone suffer the consequenc-


es. Those who are identified by


witnesses and thereby placed in


the same glare of publicity are


equally subject to public stigma,


scorn and obloquy. Beyond that,


there is the more subtle and im-


measurable effect upon those who -


tend to adhere to the most ortho-_


dox and uncontroversial views


and associations in order to avoid


a similar fate at some future time.


That this impact is partly the re-


sult of non-Governmental activity


by private persons cannot relieve


the investigators of their respon-


Fone for initiating the reac-


ion."


No Exposure Power


The court also emphasized that


an investigating committee has


no power to expose people. "We


have no doubt," said the court,


that there is no Congressional


power to expose for the sake of


exposure. The public is, of course,


entitled to be informed concern-


ing the workings of its Govern-


ment. That cannot be inflated


into a general power to expose


where the predominant result can


only be invasion of the private


rights of individuals. ... (The mo-


tives of committee - members)


alone would not vitiate an inves-


tigation which had been institut-


ed by a house of Congress if that


assembly's legislative purpose is


being served." :


The court was very critical of


the mandate or instructions from


Congress under which the Com-


Mittee operates. The resolution


was originally adopted in 1938


and defines the Committee's pow-


ers as follows:


"The Committee on Un-Ameri-


can Activities, as a whole or by


subcommittee, is authorized to


make from time to time investiga-


tions of (I) the extent, character,


and objects of Un-American prop-


aganda activities in the United


States; (II) the diffusion within


the United States of subversive


and un-American propaganda that


is instigated from foreign coun-


` -Continued on Page 4


AMERICAN CIVIL LIBERTIES UNION NEWS


Published by the American Civil Liberties Union of Northern California,


- 503 Market Street, San Francisco 5, California, EXbrook 2-4692.


Second Class mail privileges authorized at San Francisco, Calif.


ERNEST BESIG .. . Editor


Subscription Rates-One Dollar and Fifty Cents a Year =


Fifteen Cents Per Copy aoe


Legislature Adjourns


Civil Liberties


Gains And


Losses Minor


The 1957 California Legislature


ended its session last month with-


out substantial gains or losses be-


ing recorded in the field of civil


liberties.


On the affirmative side, for the


first time in history, an FEP


measure reached the floor of the


"Senate, where it was defeated by


a vote of 21-13.


Wire-Tapping


Also, three minor bills aimed


t controlling wire-tapping and


electronic eavesdropping were


`adopted.


One of these measures, S. B.


927, bans installation of eaves-


dropping equipment without con-


sent of the owner of the prem-


`ises where it is placed, and pro-


hibits use of such electronic de-


-viees on public or private prop-


erty unless notice is posted.


The second bill, S.B. 176, makes


it a misdemeanor for anyone to


"eavesdrop -on the confidential


conversation of a prisoner with a


lawyer, doctor or religious ad-


visor.


The third bill, S. B. 928, re-


quires telephone companies to


keep a record of instances where


wire-tapping has been detected.


"Easy Arrest Bill"


Only a couple of repressive


bills were adopted. A major sur-


gery job was performed in the


Senate on Attorney General Pat


Brown's "Easy Arrest Bill," and


as a result, the section allowing


police to detain persons for two


hours without making an arrest


was eliminated. There were other


changes in the bill, A. B. 1857,


which still allows cops to pick up


persons as drunks and release


them at their own discretion.


Brown says rightly that drunken-


ness should not be a public of-


fense, but if he wants to accom-


plish that end he shouldn't pro-


pose a means that is open to easy


abuse by the police. The ACLU


is still studying the measure to


determine whether it should urge


a veto by the Governor.


Also adopted was an amend-


ment to the Luckel Act, A. B. 229,


which requires public employees


other than school teachers (the


latter are covered by the Dil-


worth Act), to answer questions


as to their affiliations since Octo-


ber 3, 1945, instead of Septem-


ber 10, 1948.


_Red-Hunting


And, finally, the Senate Fact-


Finding Committee on Un-Ameri-


`ean Activities, headed by Senator


Burns of Fresno, was re-estab-


lished for another two years at


a cost of $50,000.


The anti-civil liberties bills


that were defeated included two


. bills to ban crime comics and


Senator Donnelly's fantastic meas-


ure to weed out of school libra-


ries books that teach idleness,


profanity and falsehood, and that


sree Cf a


The first right of a citizen


Is the right


To be responsible.


le


fail to teach the principles of


morality, truth, justice and pa-


triotism.


Assemblyman Levering's red-


hunting bill denying tax exemp-


tion to non-profit groups that per-


mit their premises to be used by


organizations on the Attorney


General's subversive list or by


persons belonging to such groups


again went down to defeat. It


was similar to a bill defeated two


years ago.


Church and State


A bill to establish an Interfaith


Advisory Board, A. B. 2130, to


. prepare and recommend teach-


ing materials designed to foster


"moral, ethical and spiritual val-


ues," died in committee, while


A. B. 109, to establish "In God


We Trust" as the State's motto,


was killed on the Senate floor.


A bill to allow radio broadcast-


ing and televising of court pro-


ceedings has been referred to an


interim committee for study.


The pro-civil liberties bills that


were defeated included measures


to repeal the Levering Act Oath


for public employees and one to


repeal the tax exemption non-


disloyalty oath law. An effort


`was made to change the State's


loyalty oath from the present I-


am-not-a-subversive approach to


an I-am-a-loyal- American ap-


proach after the Levering Act re-


peal failed. Introduced by As-


semblyman John O'Connell |


(Dem., San Francisco), it got by


the Assembly but died in the Sen-


ate Revenue and Taxation Com-


mittee. '


Also defeated at this session


were various bills to ban wire-


tapping and numerous bills aimed


at eliminating racial discrimina-


tion. One or two minor racial


bills affecting school teachers


and public housing made some


progress. Of course, the Gover-


nor still has the last word on most


of the legislation.


Brown Censors


`Whisper' Mag.


The.ACLU last month protest-


ed to Attorney General Edmund


G. Brown against his censorship


of "Whisper" magazine,


Brown's deputy, Clarence Linn,


sent a telegram to distributors of


the magazine in California threat-


ening to present the matter to the


Los Angeles Grand Jury if the


`June issue of "Whisper" were cir-


culated in this state.


The ACLU condemned this as


an act of censorship. If the June


issue of "Whisper" in any way


violates the law, the proper thing


is to make an arrest when the


magazine is sold and not to ex-


ercise a prior censorship, the


Union said. |


ODAY


Bo 151


AMERICAN CIVIL LIBERTIES UNION


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sustaining Membership "6.2.2... .... 2. 0.5... 50


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503 Market Street


San Francisco, 5


Oklahoma Sets Up


Book Censorship


Commission


On June 7, Raymond Gary,


Governor of the State of Okla-


homa, signed into law a fantastic


bill creating the Oklahoma Liter-


ature Commission, consisting of


the Attorney General, or a mem-


ber of his staff, the State Super- -


intendent of Public Instruction


or a member of the Department


of Education designated by him,


and the Commissioner of Chari-


ties and Corrections.


The Commission is empowered


to hold hearings and make find- .


ings on literature "it finds to be


obscene through its investiga-


tions or from evidence furnished


to it by any citizens of the State."


The Commission may make an


order prohibiting the sale of


what it regards as obscene litera-


ture "by first informing the of-


fending party or parties prior to -


prohibiting such distribution or


recommending prosecution ..."


Obscenity Defined


"Obscene literature" is defined


as "any literature offensive to


the chastity or modesty, express-


ing or presenting to the mind or


view something that purity and


`decency forbids to be exposed, or


so-called comic books which, in


the opinion of the Commission,


are not uplifting and beneficial


to the education, welfare, and


character building of the chil-


dren of Oklahoma."


The term "literature" is de-


fined to mean "any book, pam-


phlet, paper, drawing, lithograph,


engraving, photograph, or pic-


ture."


Responsibility for prosecutions.


on the recommendations of the


Commission rest with the County


Attorneys, but "the Attorney Gen-


eral shall have the ultimate re-


sponsibility for such prosecu-


tions." -


Exemptions From Law


The law exempts "all weekly


and daily newspapers, all Federal


and State matters, and all reading


matter used in recognized religi-


ous, scientific, or educational in-


stitutions."


Apparently, the bill attracted


little attention until it was signed


into law. Now, it is believed that


the State will move very slowly in


enforcing it.


The national office of the AC-


LU is studying the measure.


Un-Americans


Curbed by


High Court


Continued from Page 3-


tries or of a domestic origin and


attacks the principle of the form


of government as guaranteed by


our Constitution, and (III) all


other questions in relation there-


to that would aid Congress in any


necessary remedial legislation."


"Tt would be difficult to imagine


a less explicit authorizing resolu-


tion," declared the court. "Who


can define the meaning of `un-


American'? What is the single,


solitary `principle of the form of


government as guaranteed by our


_ Constitution'? ...


Grand Niew of Task


"The.members of the commit-


tee have clearly demonstrated


that they didnot feel themselves


restricted in any way to propa-


ganda in the narrow sense of the


word. Unquestionably the com-


mittee conceived of its task in the


grand view of its name. Un-Amer-


ican activities were its target, no


matter how or where manifested.


...No one could reasonably de-


duce. from the charter the kind


of investigation that the commit-


tee was directed to make."


The court declared that the


committee had no power to de-


fine its own authority. "Protect-


ed freedoms," said the court,


"should not be placed in danger (c)


in the absence of a clear. deter-


mination by the House or the Sen- (c)


ate that a particular inquiry is


justified by a specific legislative


need." :


Letters to The Editor


Sherwood Case


Editor: As a none-too-articulate


citizen, I share in the responsi-


bility and guilt of those who


senselessly, and from behind an


official screen, harass, intimidate,


defame and persecute law-abiding


citizens whose only crime is, as


Mrs. Sherwood says, their ideal-


ism. From here on I intend to


raise my voice against this sort


of thing wherever it may be


heard.


Would that all the many peo-


ple who deep down know the of-


ficial iniquity of the House Un-


American Activities Committee


stand up and let their consciences


speak! :


_ But brighter days for human


rights are ahead, and in the hearts


and minds of the people who


stand fast for the genuine Ameri-


can principles of equality and in-


dividual self-realization. William


Sherwood will live on as a land-


mark in the eternal struggle


against inhumanity of man to


man.-Louis W. Jones,


Norman Thomas


Talks Before 400


It is much easier to be eloquent


in the defense of some liberty


you want than to be consistent in


defending the liberty of others,


Norman Thomas told an audi-


ence of 400 people at the annual


pot luck dinner of the `Marin


County Chapter of the AC.LUL


Speaking by lantern flame at


the Roger Kent estate, Thomas


said: "One of the hardest things


to learn is to love a particular


cause-and at the same time to


love freedom."


_The veteran socialist leader,


six times candidate for President


of the United States on his par-


ty's ticket, cautioned that it is


human nature to pursue a par-


ticular right when one is in a mi-


nority position. "But when in a


position of power, we are likely


to forget rights and become con-


cerned with "truth." '


Thomas cited a number of areas


where he thought the battle for


liberty needs fighting:


1. "The single most dangerous


blow to civil liberties in' my life-


time was the Supreme Court de-


cision to authorize expulsion of


Japanese - Americans from this


coast during World War II"


Thomas' moral: Too much is done


to harm liberty in the name of


emergency." :


2. The Smith Act of 1949,


which prohibits "an alleged con-


spiracy to advocate something."


Thomas decried the jailing of


members of the Communist Party


under its terms.


3. Problems of loyalty and se-


curity: "The methods taken to


insure it are far greater risks to


liberty."


4. Arbitrary immigration laws


and the extraordinary power giv-


en to "bureaucrats and immigra-


tion officials."


5. Civil rights: `It is our job


to live up to the standards set by


a unanimous Supreme Court-to


live up to them in the practice of


life so we can hold up our heads


and say: "thank God we live in a


nation that guarantees equality


of rights and opportunities to all


men regardless of race or color."


Thomas was _ introduced by


Milen Dempster, chairman of the


Marin County Chapter. Demp-


`ster also conducted a question


session.-M. L.


Proposal to Erect


Cross Dropped


A proposal to erect a $9,000


cross on San Rafael Hill in San |


Rafael has been dropped. Mayor


John F. McInnis stated on May


28 that "we are unable to pro-


ceed with the project on public


property and there is no intent to


discuss the matter further with


the Council as of this date."


The ACLU objected to the proj-


ect on the ground that it violated


the constitutional provision es-


tablishing separation of Church


and State.


Freedom To Cavil


Editor: It seems te me that


while civil liberties must include


the freedom to cavil, doing so


cannot be considered construc-


tive to the purposes of the ACLU;


and while I, too, strongly deplore


the tenor and tactics of much of


the activity of the Congressional


investigating committee present-


ly in San Francisco, I must equal-


ly deplore the ACLU's statement


on the Sherwood .suicide, as re-


ported in this morning's Chron-


icle. Specious sentimentality only


cheapens and subverts; I like to


believe there is enough legiti-


mate material available in sup-


port of ACLU goals without re-


sort to such spurious martyrdcm


as has been, with such unseemly


haste, been thrust upon Mr.


Sherwood.


That a presumably "brilliant"


man might, within, as it were,


one breath, denounce an intru-


sion distracting from his produc-


tivity in important research and


mankind's progress, and then,


by suicide, completely deprive


his contemporaries and' all pos-


terity of a lifetime of productiv-


ity, without (so far as I can dis-


cern) recognizing the pathetic in-


congruence of word and action,


strikes me as completely unintel-


ligent, irresponsible and infan-


tile.


Mr. Sherwood's suicide-let us


face it-seems to have all the


characteristics of morbid ego-


centrism. To be sure, a man has


the right to cowardice; but let us


not, gentlemen, idealize it.-Mal-


colm W. Roemer.


Privacy, Invaded;


Questionnaire


Withdrawn


School authorities at Balboa


High School, San Francisco, re-


cently withdrew a questionnaire


used in the hygiene course for


the upper division girls follow-


ing a protest by the ACLU. The


ACLU suggested that the ques-


tionnaire violated the right of


privacy. - :


The students were apparently


studying the effect of heredity on


disease. One of the forms which


they were required to fill out


and return to the teacher in-


quired into the illnesses of the


students' parents and grandpar-


ents. Twelve "disorders" were


listed, and the students were re-


quired to indicate whether their


relatives had suffered from these


"disorders." Following are the


"disorders": Tuberculosis, dia-


betes, epilepsy, alcoholism, per-


nicious anemia, cancer, rheumat-


ic fever, high blood pressure, dif-


ficulties associated with children,


mental disorders, poor teeth and


poor eyesight.


On another sheet, the students


were required to list the causes


of death of the parents and


grandparents.


The third and last form the


students were required to fill


out and return listed "the ten


most important psychological


items which Dr. L. M. Terman


has shown to be statistically re-


lated to happiness in marriage."


Following are the ten questions:


1. Have your parents been hap-


py? 2. Have you had a' happy


childhood? 3. Have you gotten


along well with your mother? 4.


Has there been firm, but not


harsh discipline in your home?


5. Do you have a strong love for


your mother? 6. Do you have a


strong love for your father? 7.


Have you gotten along well with


your father? 8. Have your par-


ents been frank about sex? 9. As


a child, was your punishment


mild and infrequent? 10. Do you


have an attitude toward sex that


is free from disgust and aversion?


The matter was called to the


ACLU's attention by a_ parent.


There is no question that the


teacher's motives were good. She


just used an unfortunate teach-


ing method. (c): tee :


ACLU NEWS


July, 1957


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