vol. 23, no. 2
Primary tabs
American
Civil Liberties
Union
Volume XXIII
San Francisco, California, February, 1958
Number 2
Merchant Seamen
Navy Bars
Three As
- Security
Risks
Three merchant seamen were removed from the SS Presi-
dent Arthur in San Francisco on January 18 on security
grounds despite holding Coast Guard security clearances. The
Military Sea Transportation Service, on the basis of informa-
tion supplied by Naval Intelligence, ruled that the three men
could not enter the restricted
waters of Eniwetok for which the
ship had picked up cargo after
leaving New York on December
30.
Included among the three sea-
men was engineer John J. Ek-
strand, 36, of Milford, Conn.
Tardy Decision
M.S.T.S. said it did not make
its decision until two days be-
fore the ship's arrival when it
received the crew list. Ordina-
rily, it checks crew lists of vessels
headed for restricted waters be-
fore they leave their home port.
Capt. E. G. Claudius, Chief of
Staff for the Service in the
Pacific area, refused to reveal the
basis of his ruling. The ACLU,
which intervened on behalf of
Ekstrand, therefore asked the
-Secretary of the Navy to furnish
the derogatory information
against him and to give him an
opportunity for a hearing. Thus
far, no response has been re-
ceived.
_ Sailing for 16 Years
Ekstrand revealed that he has
been sailing for 16 years, 14 years
as an engineer. During this time
his security qualifications have
never been challenged. More-
over, he stated he was not a
joiner and had never belonged to
any Communist organization. A
seaman had once asked him to
join the Communist Party, but he
had refused. He regards himself
as a "liberal" who votes for the
best man.
"I believe," he said, "that the
Communist party, Hitler's Nazi
party, or any other political party
has a right to operate. Perhaps
that's my problem. Perhaps I
' have been too outspoken."
Entitled To Penalty Wages
Ekstrand signed on the ship for
the full voyage, from December
30 to March 12. He had waited
seven months for a berth. The
A.P.L. paid him only for the time
he worked, plus maintenance and
fare back to New York. Under the
law, however, he is entitled to
receive a month's penalty pay of
$530.99, if he is discharged ``be-
fore one month's wages are
earned, without fault on his part
justifying such discharge, and
without his consent ... ."
The Shipping Commissioner,
who is charged with the duty of
protecting seamen's rights, was
at first prepared to request A.P.L.
to make the penalty payment to
Ekstrand. Later, the matter was
reconsidered and the Commis-
sioner declined to make the re-
quest because he said he didn't
know why the Navy had re-
quested Ekstrand's removal from
his ship. The ACLU suggested
that the Navy had nothing to do
with the contract between the
Master of the vessel and Ekstrand
and that his duty was merely to
enforce that contract. Ekstrand
will now be compelled to sue for
the month's penalty wages.
Fort Mason
"Risk" Wins
Court Appeal
Nelson Tucker of 1679 B 10th
Street, Oakland, who was suspend-
ed from his job as a civilian fork
lift operator at Fort Mason as an
alleged "security risk' March 25,
1953, and then.fired on March 15,
1954, has won a court decision
from the U. S. Court of Appeals
in the District of Columbia. The
court ordered Tucker's reinstate-
-ment and there is reason to be-
lieve that the Government will
not appeal the decision to the U.
S. Supreme Court.
Acted After Cole Decision
Tucker, 54, was represent-
ed during his security hearings
by the American Civil Liberties
Union. No court action was tak-
en in his behalf until the U. S.
Supreme Court handed down its
decision in the Cole case on June
11, 1956, holding that the Presi-
dent's security order does not ex-
tend to non-sensitive jobs. Two
months after the decision in the
Cole case, Tucker asked both the
Civil Service Commission and the
Army to reinstate him to his job.
When they failed to do so, a suit
for reinstatement was filed in
`Washington.
The Appellate Court threw out
the government's sole contention
in the case, that Tucker had wait-
ed too long in appealing his dis-
missal. The Attorney General had
agreed to reinstate those in non-
sensitive positions who had been
fired during the 18 months pre-
ceding the Supreme Court ruling,
but in Tucker's case 27 months
had elapsed.
Similar Suit
The court said, however, that
"a dismissed government em-
ployee acts reasonably, and is not
guilty of laches (delay), if he
awaits the result of a suit by an-
other employee who was dis-
missed in similar circumstances."
The court cited a decision of the
Court of Claims in which the fol-
lowing language appears:
"We do not see how any good
purpose could have been served
from the standpoint of either the
Government or the three persons
affected by instituting three dif-
ferent suits and having the Gov-
ernment defend all three and the
plaintiffs put to the expense of
employing attorneys and possibly ~
paying court costs in all three
cases. It was natural that only
one should file suit since it was
apparent that whatever decision
was rendered in that suit would
apply to all three cases."
Tucker's suit was handled in
the East by the New York firm of
Dickstein, Shapiro and Friedman,
who had handled the Cole case.
Part-Time Janitor
Tucker's only employment dur-
,ing the past five years has been as
a part-time janitor, a job which
he held at the time of his suspen-
sion by the Army. Tucker will be
reinstated with back pay, less any
earnings during the period he was
ousted from his job.
Names Please
Back Your Beliefs! This is
the 1958 membership cam-
paign theme chosen by. Chair-
man Zora C. Gross and her
committee.
April 14-28 will be dates of
the sixth annual drive. Goals
are 0x00B0500 new members and
$3,000.
"Please send us names right
now!", Mrs. Gross is asking the
whole ACLU membership in a
special appeal mailed January
28. What she and her commit-
tee need is the names of as
many prospective members as
possible...names of persons
who share ACLU's general be-
liefs and aims.
In addition, Mrs. Gross is
contacting community leaders,
asking them to.serve as drive
chairmen for their areas.
Other board members on
this committee are Theodore
Baer, Los Altos; Mrs. Emily
Skolnick, San Mateo; and Fred
H, Smith, IV, San Francisco.
Mrs. Gross, a San Francisco
resident, and the committee
are -working with Rosemary
McQuarrie, new part-time staff
member.
Your prompt return of the
names questionnaire will give
volunteers and staff members
time to assemble geographical
files of all prospects and dis-
tribute them to area chairmen.
Names will first be checked
against ACLU's current mem-
bership files.
Area chairmen, to be an-
nounced later, will run commu-
nity drives throughout the
Bay Area, on the Monterey
Peninsula and in Sacramento,
Davis, Stockton, Santa Rosa,
Modesto, Santa Cruz, San Jose
and Fresno.
High Court
Voids L.A. Felon
Registration Law
The U. S. Supreme Court re-
cently knocked out a Los Angeles
ordinance requiring persons con-
victed of felonies (inside or out-
side the State) since January 1,
1921, to register. The court split,
5 to 4, with Mr. Justice Douglas
writing the prevailing opinion.
The ordinance made it unlaw-
ful for such a person to remain
in-Los Angeles for a period of
more than five days without reg-
istering; and it also required any
person having a residence outside
the city to register if he came
into the city on five occasions or
more in a 30-day period.
Virginia Lambert had been con-
victed in Los Angeles of the crime
of forgery, a felony, but had
failed te register. She was tried
and found guilty of failing to reg-
ister, fined $250 and placed on
probation for three years.
The court held that "Where a
person did not know of the duty
to register, and where there was
no proof of the probability of such
knowledge, he may not be con-
victed consistently with Due Proc-
ess. Were it otherwise, the evil
would be as great as it is when
the law is written in print too fine
to read, or in a language foreign
to the community."
Court Rules Nudist
Mags Not Obscene
The U.S. Supreme Court ruled
last month that the Post Office
Department had acted improper-
ly in 1954 in barring two nudist
magazines from the mails as ob-
scene.
No. opinion was written. The
court merely cited its decision
in the Roth case, handed down
last. June, in which it held that
material could not be regarded
as obscene unless it appeals to
the prurient interest.
Army Hearings
Chinese Youth
lub Target Of
Security Charges
Two young Chinese veterans, both corporals, who hold
honorable separations from the Army, were the subjects of
security proceedings in San Francisco last month. Both face
"Undesirable" discharges from the inactive reserve into which
every draftee is transferred after serving a two-year hitch
in the Army.
The charges in both cases are
the same: former membership in
the San Francisco Chinese Amer-
ican Democratic Youth League
and failure to disclose such mem- .|
bership on the Army's loyalty
form as well as its personal his-
tory form.
The Army claims that the
League (it insists in calling it
the League even though it became
the Chinese American Youth'Club
in 1954) "is an organization which
Mrs. McQuarrie.
Appointed to
ACLU Staff
Rosemary McQuarrie is ACLU's
new part-time membership direc-
tor. She was appointed January
13 to succeed Bonnie Bortin, who
resigned because of ill health.
Mrs. McQuarrie will help direct
ACLU's 1958 membership drive,
beginning April 14, and will han-
dle special events and help with
publication of the monthly
"News."
An Oakland resident, she at-
tended the University of Wiscon-
sin and has a background of news-
paper and public relations work.
She is the wife of Ernest B. Mc-
Quarrie, a biochemist employed
by Cutter Laboratories in Berke-
ley. Now part-time public infor-
mation director for the San Fran-
cisco Heart Association, she pre-
viously held a campaign-time as-
signment with United Crusade, (c)
Appeals Court
Frees 11 Smith
Act Defendants
The Smith Act convictions of
eleven Communists, seven in Ha-
waii and four in Seattle, were re-
versed and the defendants or-
dered freed by the U. S. Court of
Appeals in San Francisco last
month..
The court based its action on
the U. S. Supreme Court decision
in the Los Angeles Smith Act case
handed down last June, in which
5 of the 14 defendants were freed
by the court, while the remainder
were liberated on the Govern-
ment's motion to dismiss the in-
dictments.
The eleven had been convicted
in 1953 for conspiring to teach
and advocate the violent over-
throw of the government.
Circuit Judge Richard H. Cham-
bers remarked in his opinion that
the Supreme Court had left the
Smith Act, "as to any further
prosecution under it, a virtual
shambles." The other two judges
declared Judge Chambers' re-
mark "unnecessary to the deci-
sion," but otherwise concurred.
Democrats Urge
End of Red-Hunting
Committees
The Bay Area Legislative Con-
ference of the California Demo-
cratic Council unanimously adopt-
ed a resolution calling for the
abolition of the House Committee
on Un-American Activities, the
Internal Security Sub-committee
of the U. S. Senate, and California
Senate Fact - Finding Committee
on Un-American Activities.
The Conference also proposed
"the adoption of rules by all legis-
lative committees and administra-
tive agencies which wil] guaran-
tee the basic civil liberties of the
American people."
supports and serves the interests
`of the People's Republic of China
and the Union of Soviet Socialist
Republics in preference to the in-
terests of the United States."
On the other hand, the organi-
zation is not on the Attorney Gen-
eral's subversive list, so the AC-
LU, which represents both men,
asked the Army to advise it of the
basis for its conclusion. The Army
replied merely that "Its activities
in this regard are such that the
members would have knowledge
thereof and be motivated, influ-
enced or sympathetic to those ac-
tivities."
The Army's Proof
At the 342-day hearing in the
first case, the Army dug into its
secret file and came up with the
following information to support
its charges that the ely is sub-
versive:
1. In a raid on the chips head- |
quarters at 812 Stockton Street, -
conducted by the Immigration
Service on September 22, 1955, in
an alleged search for Chinese sea-
men who entered the country ille-
gally, the agents found two maga-
zines, Soviet Union and People's
China, among a large number of
magazines on a table. They didn't
know who the magazines belonged
to nor how they got there.
They also discovered a Chinese
songbook among a large number
on top of a piano, which reported-
-ly contained songs attacking Na-
tionalist China. Also, from a dis-
tance of about 22 feet, one of the
raiders saw a picture of Mao Tse-
tung on the cover of a magazine.
The witness didn't know whether
this was an issue of "Time Maga-
zine" which had displayed a pic-
ture of Mao on one of its` covers.
Incidentally, the alien seamen
were not discovered at the Club,
and the raiders required some 25
or 30 young men and women to
identify themselves. No one
could leave without identifying
himself. The Immigration Serv-
ice admitted it had no search war-
rant, but claimed it had been giv-
en permission to search the place,
but this was denied by the chair-
man of the Club.
Magazines Seized
2. Armand Gradwohl, Superin-
tendent of Classifications of the
Post Office in San Francisco, tes-
tified that the Post Office seized
22 lots of magazines from Hong
Kong addressed to the "Chinese
Youth League" at 812 Stockton
Street, and that the General Coun-
sel of the Post Office had ruled
that the magazines were non-
mailable. Consequently, they
were never delivered. Mr. Grad-
wohl did not know whether the
"League" had ordered or sub-
scribed to the magazines, or
whether they had come unsolicit-
ed. The "League" was never in-
formed of the seizure. The seized
magazines were the Week-End
News and the Literature and Art
Gazette.
News Bulletin
3. Copies of the Club's news
bulletin, written in Chinese, were
(Continued on Page 4)
In This Issue...
ACLU Urges Climate of
Freedom. 5. p.4
Army's Discharge Policy is
INegal and Unfair ...... p. 2
Challenge Validity of Sex
Registration Act ....... p.2
Nativity Play Protested as
Religious Teaching ...:.p.3
Prayers Banned at Pleasant
Hill Elementary School . .p. 3
AMERICAN CIVIL LIBERTIES UN ION NEWS
Published by the American Civil Liberties Union of Northern California,
503 Market Street, San Francisco 0x00A7, 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 :
Army's Discharge Policy
Is Illegal and Unfair
In the face of long and strong persuasion by the Depart-
ment of Justice, the Army has clung stubbornly to a position
that is indefensible on either legal or moral grounds and has
been severely penalizing soldiers for acts, opinions or associa-
tions over which it has no shred of jurisdiction.
Through testimony that shocked the U. S. Supreme Court,
it was disclosed this week that men who have served with -
honor and distinction and no suspicion of disloyalty have been
refused an honorable discharge-solely on grounds that be-
fore induction they assertedly had Communist connections
of some sort or other. One such soldier, for example, was
awarded a Silver Star for Service in Korea, was honorably
discharged after excellent service, and was subsequently given
an "undesirable" discharge from the Enlisted Reserve be-
cause, it was alleged, he had Communist associations in
1948-49.
Such procedure is patently hostile to justice and all stand-
ards of fair play. It is doubly repugnant to Americans who
cherish the constitutional freedoms of opinion and political
action and instinctively resent the hobbles that military serv-
ice fastens upon them.
In such cases as are here involved, punishment of the
severest kind is imposed not for dereliction of duty or breach
of military regulations. It is inflicted for some real or fancied
deviation from the philosophical or political line that some
intelligence officer equates with `"`security'-for an act per-
`formed or an opinion held by a civilian, under civil ground
rules, at a time when the civilian was entirely outside the
jurisdiction or purview of the Army and its "security" notions.
In an effort to soften the shock of a policy that can be
regarded only as outrageous, Army spokesmen argue that a
dishonorable discharge inflicts no legal injury, because a
soldier's discharge is a private matter. This is a rank misstate-
ment of fact. A dishonorable discharge stigmatizes a man for
life, and works against him in a score of economic, social and
legal ways that add up to the severest kind of punishment. If it
were otherwise, the military services would scarcely pay such
meticulous attention to the fine dividing lines that distinguish
the "honorable" and "undesirable" and "general" discharge
from the "dishonorable."
The Supreme Court has shown strong doubt over the
Army's legal position in this matter and has with cutting com-
ment received its plea of "no legal injury." The American
public should cry out against the injustice, the contemptuous
disregard for fairness, that are inherent in the procedure.
Army brasshats responsible for the policy and its contin-
ued use against the best legal advice must at once abandon
their stand. If they do not, their Commander in Chief can
scarcely avoid taking official notice and action to correct a
sorry error.-San Francisco Chronicle, January 24, 1958.
Challenge Validity of
Sex Registration Act ,
The ACLU of Northern `Calif-
ornia, in an amicus curiae brief
filed with the State District Court
of Appeal, has urged that section
290 of the Penal Code, which
requires selected sex offenders
`to register with the chief of
police, or sheriff, of the commu-nity in which they reside, should
be declared unconstitutional.
The ACLU argues that registra-
tion (during the rest of one's
. life), requiring fingerprinting.
photographing and various addi-
tional data, plus notification of
each change of address, violates
the Equal Protection, Due Process
and Privileges and Immunities
clauses of the Fourteenth Amend-
ment for the following reasons:
Equal Protection
The obvious purpose of the law
is to assist the police in appre-
hending sex offenders, the theory
being that they are recidivistic
and therefore more likely to
commit sex offenses than those
who have never been so convict-
ed. However, the available statis-
tics indicate that of all crime
categories, only one, homicide.
has less recidivism than the sex
offense category.
In California, only 14.3 percent
of all male sex offenders (not
commercially motivated, such as
panderers) have a record of one
prior prison sentence, and just
6.8 percent havea record of two
or more prison sentences. The
obvious implication is that most
individuals who are required to
register are not the "repeaters"
at whom the law is directed. -
ACLU NEWS
February, 1958
Page 2
Consequently, the Equal Pro-
tection Clause, which demands
that persons similarly situated be
equally treated is violated in the
same way that the Japanese
Evacuation cases violated the
`doctrine of equal protection: the
theory there was that persons of
Japanese ancestry were potential
saboteours, but obviously, even
if this could have been the case
as to some, it did not apply to all.
Nevertheless, all Japanese were
"evacuated" and loyal persons
were treated "equally" with dis-
loyal ones-like Herod ordering
the death of all male children
born on a certain day because one
would some day unseat him. This
was an obvious violation of the
constitutional guarantee of the'
equal protection of equal laws.
Abductors Treated Differently
The sex offender registration
act violates equal protection in
another sense in which the Jap-
anese Evacuation cases did: per-
sons of German and Italian an-
cestry were not "evacuated" al-
though we were at war with Ger-
many and Italy as well as with
Japan. Thus, persons who were
similarly situated were not
treated equally. The same vice is
present in the registration law
since, for example, one who
abducts a woman against her will,
by force or duress, and compels
her to marry another, or to be
defiled, need not register, but one
who abducts a female under 19,
even with her consent, but
without parental consent, for
purposes of prostitution, must
register.
No individual required to reg-
(Continued on Page 4)
Letters to the Editor...
Ross Case
Editor:
I hope we are with Mrs.
Diamond on this matter before
the Ross Board of Education.
This does amount to "Bible
reading" .. . and more powerful
as it is dramatized. ;
It is about time we tested this
weak "Well, after all it's only
for Christmas" attitude. Christ-
mas or no Christmas, there is
such a thing as separation of
Church and State.
If all the faiths can not be
presented, then none should be.
It is obvious that none should!
With you all the way on the
Post Office strike, school prayers,
and other issues. .. .F.G.M.
Christmas Observance
Board of Directors:-
As a member of the ACLU for
many years, I wish to express my
viewpoint in opposition to that
taken by the Union board and
staff in the matter of Nativity
Plays in our sehools.
In my opinion, this is not a civil
liberties issue, nor do I see that
the issue of separation of church
and state is involved. Minority
objection by itself does not con-
stitute a civil liberties issue.
Therefore I see no reason why
ACLU should be deploying any
of its staff time or energy in this
campaign to drive Christmas
plays off the stages of our
schools.
Question Of Manners
Rather than a question of law
or civil liberties, we have one of
manners, in my opinion.
Our culture is predominantly
Christian. The very fact that we.
have Christmas vacation is one
bit of evidence. Almost all Chris-
tian denominations can agree
-upon the presentation of a Nativ-
ity Play. using quotations from
`the Bible and singing well-loved
carols. This is part of our culture
and ought to be expected to have
public, community-wide expres-
sion given to it. To suppress such
expression, it seems to me, would
be more of a civil liberties issue
than the present one which
absorbs the attention of our staff.
Suffer In Silence
It would be tragic if commu-
nities, happy in the enjoyment of
their right to give community-
wide expressions to their reli-
gious feelings (from which I be-
lieve civil liberties spring), were
made to feel that they could
protect their cultural unity only
by keeping out those who did not
share their faith. This kind of
development is being encouraged
by people who say "because I do
not agree, everyone else must
conform." They might better
suffer in gracious silence though
I cannot see why they must feel
embarrassment so overwhelming
that they feel they must bring
the force of law to prevent others
from group expression.
Does ACLU campaign to have
the Bible taken away from Presi-
dential oaths lest the non-believer
be offended? Or to have the
prayers uttered by chaplains in
the houses of Congress abolished?
Or the references to God and
Creator in the Declaration of
Independence erased because
atheists may not want their chil-
dren learning it?
The first amendment to the
Constitution guarantees the free
exercise of religion as much as it
says there shall be no law re-
specting the establishment of
religion.
Christians Taxpayers Too
If non-Christians object to
schools being used for Christmas
pageants and plays because they
are publicly supported by taxes
and taxpayers, they ought to be
reminded that Christians are
among the taxpayers, too, and
should have as much right to say
what goes on in the schools as
non-Christians. oe
I urge the board to reconsider
their stand on this question-
Emil Sekerak. -
Another Point of View -
(Following is a copy of a letter
sent to Supt. James Dent of the
Mt. Diablo School District by the
mother of a student.)
As a member of the Pleasant
Hill School P.T.A., I attended the
meeting held on December 5,
1957. After thoughtful considera-
tion of the program presented,
"The Christmas Story," I feel
compelled to express my opinion
-as a parent, a citizen and an
individual. - 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_1958.batch 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 performance was handled
with excellence. Obviously, great
care and preparation were in-
volved. The music, costumes,
readings, lighting, etc. were well
done. The children were appeal-
ing and poised. If this program
had been presented in any Chris-
tian church, my comments would
contain nothing but praise. This
program, however, was presented
in a public school, under the
auspices of a public school and a
non-sectarian organization. To
make matters worse, it was also
presented during school hours to
the student body. To say that I
am shocked is a gross under-
statement!
Religious Worship Service
My child, who is a second
grade pupil, attended the per-
formance during the school day,
but, even if she had not been
exposed to it, I would still be
forced to register a complaint and
request that those in charge of
our school consider the enormity
of their actions and the infringe-
ment they made upon the right of
the public to religious freedom.
This program was an orthodox
Christian religious worship serv-
ice, and the time spent by the
sixth grade children in preparing
for the program was none other
than classes in religious educa-
tion.
On June 10, 1955, the Attorney
General of California handed
down an opinion to the effect
that the saying of prayers and
the reading of the Bible in public
schools would be _ unconstitu-
tional. "It is one of the fun-
damentals of American govern-
ment that the home and church
have total responsibility for the
religious training of each child; (c)
the state may not constitutionally
intrude upon that responsibility."
I am sure you are familiar with
the first amendment to the Con-
stitution of the United States.
Although possibly a majority of
the citizens in our country and
community profess belief in
orthodox Christianity, it is not a
state religion. Why, then, did an
institution which is under the
control of the state present a
program which violated the law
of the land? :
New Testament Orthodoxy
When our school authorized
and sponsored this partisan reli-
gious program and presented it
to the general student body, the
children could not help but infer
that their school approved of the
New Testament orthodoxy. The
confusion in the minds of chil-
dren whose parents are training
them in other religious concepts
can only be guessed. The main .
point I want to make, however, is
that even if the whole school-
children, parents and teachers-
belonged in the ranks of orthodox
Christianity, it was still wrong to
have such a performance since it
violated individual liberties-the
liberty of the Christian as well as
others. How can the school teach
the children the sections of the
Constitution concerning individ-
ual liberties, when, by example,
it infringes upon these liberties?
I assume that the children who
are not orthodox Christians were
excused from participating or at-
tending. (However, I received no
`permission slip' to express my
approval or disapproval before
my child attended.) There are
those, I know, who feel that this
was sufficient acknowledgment of
a difference in religious view-
point. I disagree. If a school
sponsors functions which exclude
pupils on a religious basis, it is
practicing discrimination. The
child is set apart from his class-
mates and can be greatly harmed.
Not to be ignored are the class-
mates who are in the majority.
They are also harmed because
they receive authorization to dis-
criminate on religious grounds.
Other Religious Observances
In order to offset a one-sided
religious viewpoint, there may be
those who suggest that programs
be devised which have as their
themes other religions-such as
a Chanukah program by the Jew-
ish students. Stretch the point to
an extreme and.imagine the up-
roar that would occur when the
children of atheists had their
turn to present a program! I am
sure you will agree that courses
in comparative religion belong in
advanced, not elementary, schools
-and only on an elective basis.
Some may offer as an excuse
the fact that prayers are said in
the Congress of the United States
-forgetting, entirely, that Con-
- gress has the right to make rules
that are applicable to itself but
cannot legally advocate any reli-
gious observances for the people.
Saying of Grace
The same reasons that I have
given in objecting to the Christ-
mas program are applicable to
another situation that occurs in
our school: the saying of prayers
of "grace" before meals. The
teaching of a prayer belongs in
the category of religious teaching
-no matter how non-denemina-
tional the prayer may appear to
be. When a teacher in a public
school teaches a child to say the
words "thank you, God," she is
usurping the right of the parent
to control the religious education
of his child. I voiced my objection
to my child's kindergarten
teacher and her solution was to
excuse my child from the recita-
tion. This, of course, set my child
apart from her classmates and
was discriminatory. Now, I find
that in her second grade class,
my child is again saying "grace."
Please understand that I am not
attempting to complain against
any particular teacher. My ar-
gument concerns the school
`policy. I am, in fact, extremely
pleased with the work my child's
teacher is doing, and feel for-
tunate that my child is in such
competent hands. -
It may be that my objection to
the teaching of religion in a
public school will be the only
one received. My husband, of
course, is in agreement with me.
I have discussed the problem of
religious teaching' with friends
who are of various backgrounds: ~
liberal religions, the Jewish faith,
atheists, agnostics and orthodox
Christians. Some of the Christians
do not understand my viewpoint.
Since religion has emotional over- -
tones, it is difficult for them to |
fully grasp the significance of a
religious performance in a public
school. The children in the pag-
- eant were so very appealing as
they performed a rite that is gen-
erally accepted as the `Word of
- God." The children in the class-
rooms are the traditional picture
of innocence as they clasp their
hands, close their eyes and "say
grace."
Fear of Reprisals
Some of the people with whom
I have spoken agree with me but
hesitate to express their objec-
tions because they fear their chil-
dren will suffer reprisals-pre-
sumably by other children who
overhear their orthodox parents
who approve of religion in the
schools. In rare cases, the fear is
that the school personnel will
discriminate against their chil-
dren. Personally, I feel that the
latter excuse is rather far-fetched
since I have more faith in the
maturity of our teachers and ad-
ministrators. My viewpoint is that
if I do not defend the principles
I profess, I will certainly cause
harm to my children.
I hope you will recognize that
the situation under consideration
is one of principle and law. The
number of dissenting voices is un-
important. May I refer to John
(Continued on Page 3)
`Establishment of Religion'
The "establishment of religion" clause of the First Amendment means at least this:
Neither a state nor the Federal Government can set up a church. Neither can pass laws
which aid one religion, aid all religions or prefer one religion over another. Neither can
force nor influence a person to go to or to remain away from church against his will or -
force him to profess a belief or disbelief in any religion. No person can be punished for
entertaining or professing religious beliefs or disbeliefs, for church attendance or non-
attendance. No tax in any amount, large or small, can be levied to support any religious
activities or institution, whatever they may be called, or whatever form they may adopt to
teach or practice religion. Neither a state nor the Federal Government can, openly or
secretly, participate in the affairs of any religious organizations or groups and vice versa.
In the words of Jefferson, the clause against establishment of religion by law was in-
tended to erect "a wall of separation between Church and State."-From the prevailing
opinion by Justice Black in Everson v. Board of Education, 330 U.S. 1 (1947).
Court Holds N.Y.
Schools Open
To All Groups
In a decision expected to have
far-reaching effects, the Appel-
late Division has held that the
Yonkers Committee for Peace
should be permitted to hold a
meeting in a public school build-
ing. The court's ruling will aid
organizations in New York State
who wish to use public school
facilities.
The case, which dates back to
1952, was brought to the courts
by the New York Civil Liberties
`Union, through its counsel, Eman-
uel Redfield. :
Justice Sydney F. Foster, in
the 4 to 1 decision, which re-
versed an earlier ruling of the
State Supreme Court, held that
"it was plain common sense" that
if school authorities opened the
schools to the public they must
treat all similar organizations
alike, unless there was "fair
proof" of disorder and damage
possibly resulting.
In his opinion, Justice Foster
held that the Yonkers Board of
Education had rejected the Yonk-
ers Committee's request for use
of a school because James HE.
Ellis, the Committee president,
had placed advertisements in
-Communistic periodicals pertain-
ing to his linoleum business. The
school board, he said, is "not a
censor" and its duty "as far as
school buildings are concerned is
merely to regulate and protect
them."
`In a dissenting opinion, Justice
Francis Bergan wrote that school
boards are "entitled to impose
limitations of their use for non-
educational purposes."
Commenting on the decision,
NYCLU executive director
George E. Rundquist stated that
it "will serve as a precedent in
cases where a board of education
arbitrarily denies a permit to a
group because it does not agree
with their ideas, and will not
longer be able to discriminate
against groups merely because
they are unpopular in the commu-
nity."
N.Y. Security
Dismissals
Reversed
Last month, a New York trial
judge handed down rulings set-
ting aside the security dismissals
of two New York City employees
because neither one occupied a
sensitive position.
Involved in the cases were Mel-
vin H. Wyatt, a city housing guard,
and Miriam Reif, a stenographer
at Bellevue Hospital. Both ad-
mitted having belonged to the
Communist Party. Both said they
quit when they became disen-
chanted by the party. :
Their dismissals had been justi-
fied on the ground that they were
"of doubtful trust and reliability"
within the meaning of the New
York Security Risk Law.
In neither case, Justice Francis
X. Conlon declared, were the em-
ployees in positions where they
could "do acts detrimental to de-
fense and security or obtain con-
fidential security or defense in-
formation."
The New York Civil Liberties
Union supported the case of Mel-
vin H, Wyatt.
ACLU NEWS
February, 1958
Page 3
High Court Rules
in Key Wire
Tapping Case
Two recent U.S. Supreme Court
decisions on Wire tapping are ex-
pected to have far-reaching ef-
fects on current and future cases.
In an unanimous ruling hailed
by the American Civil Liberties
Union, the high tribunal held that
New York State law enforcement
officers violated Federal law by
tapping a telephone, even though
the action was authorized by
state law, and such wire tap evi-
dence was not admissible in the
federal courts. It said there could
be no exceptions to the plain lan-
guage of Section 605 of the Fed-
eral Communication Act of 1934,
which states:
"No person not being author-
ized by the sender shall intercept
any communication and divulge
or publish the existence, contents,
substance, purport,
meaning of such intercepted com-
munication."
"Second Ruling
In a second ruling, delivered
the same day, the Supreme Court
asserted that a policeman listen-
ing to a conversation on an ex-
tension telephone-at the request
of the person called-did not in-
tercept within the meaning of the
Federal law. Dissenters in the
7-2. decision held that the only ex-
ception, as stated in the Commu-
nication Act, was an interception
"authorized by the sender."
In long range, the decision
could deter the practice of tap-
ping wires for evidence to use in
state courts, for it declared that
such action by state officials vio-
lates the Federal statute, even
though the action may be sanc-
tioned by state law.
Express and Absolute Prohibition
"Section 605 contains an ex-
press, absolute prohibition against
the divulgence of wire tapping,"
said the unanimous decision.
"Had Congress intended to allow
the states to make exception to
Section 605, it would have said
so... We find that Congress, set-
ting out a prohibition in plain
terms, did not mean to allow state
legislation which would contra-
dict that section and that policy."
Previously, the Supreme Court
had held that state courts could
adopt their own regulations gov-
erning admission of evidence ob-
tained illegally.
' The case in which the high
court ruled concerned Salvatore
Benanti, who was convicted for
possessing untaxed alcohol. The
New York police had found Ben-
anti and the untaxed liquor after
overhearing him fix a meeting
place in a telephone conversation;
the arrest and federal prosecu-
tion followed. Under New York
State law, police are allowed to
tap wires if authorized by a court
order.
6
3 in 100
Joseph Lyford, a represent-
ative of The Fund for the
Republic, went into the streets
of Lincoln, Neb., one day to
ask 100 passers-by whether
they knew about the Bill of
Rights and could identify even
one of its provisions.
First, Lyford explained to
each person that the bill con-
sisted of the first ten amend-
ments to the Constitution.
Then he offered to pay one
dollar to each person who
could tell him just one of its
several provisions. Lyford had
to pay out only three dollars.
effect or
LETTERS to
the Editor...
(Continued from Page 2)
Stuart Mill in his essay,
Liberty," in which he wrote:
State Powers Over Individual |
"Apart from the peculiar tenets
of individual thinkers, there is
also in the world at large an in-
creasing inclination to stretch
unduly the powers of society over
the individual, both by the force
of opinion and even by that of
legislation; and as the tendency
of all the changes taking place in
the world is to strengthen society,
and diminish the power of the
individual, this encroachment is
not one of the evils which tend
spontaneously to disappear; but,
on the contrary, to grow more
and more formidable. The dispo-
sition of mankind, whether as
rulers or fellow-citizens, to im-
pose their own opinions and in-
clinations as a rule of conduct on
others,: is so energetically sup-
ported by some of the best and
by some of the worst feelings -
incident to human nature, that
it is hardly ever kept under
restraint by anything but want
of power; and as the power is not
declining, but growing, unless a
strong barrier of moral convic-
tion can be raised against the
mischief, we must expect, in the
present circumstances of the
world, to see it increase."
If any part of this letter is not
clear, I would be happy to discuss
it with you. I hope you will advise
me of the action you take. A copy
of this letter is being sent to Mr.
Charles Murdoch.-_J. A. S.
Appeals Court
Rules Red Probe
Is Legal
In a 5 to 4 decision, the U. S.
Court of Appeals in Washington,
D.C., upheld the mandate given
the House Committee on Un-
American Activities. The issue
`arose in the case of Lloyd Baren-
blatt, a teacher, whose contempt
of Congress conviction was there-
by upheld.
The majority held that although
the Supreme Court in its Watkins
decision last June had criticized
the House resolution establishing
the committee, the court did not
rule it invalid. "We believe that
if the court had intended to strike
down the resolution, it would
have said so in so many words,"
wrote Judge Walter M. Bastian.
Chief Judge Henry W. Edger-
ton said in his dissenting opinion
that he believed the Watkins
decision meant that the commit-
tee "had no authority to compel
testimony because it has no
definite assignment from Con-
gress."
Goncus Won't
Ask About
Your Religion
The Census Bureau has decided
against asking the question, "What
is your religion?" in the 1960 cen-
sus.
Census Director Robert W. Bur-
gess is quoted as saying that the
decision was based on "recogni-
tion that at this time a consider-
able number of persons would be
reluctant to answer such a ques-
tion in the census where a reply
is mandatory."
A bureau spokesman said there
was considerable opposition to
the question as a threat to reli-.
gious freedom. The ACLU was
among the protestants. _
"On-
Prayers Banned
At Pleasant Hill
Elementary Sch. |
Acting on the basis of an opinion from its legal advisor, the
Board of Education of the Mt. Diablo Unified School District
last month voted to eliminate a prayer that was being recited
in some of the primary grades at the Pleasant Hill School, and
to study the matter of revising the Christmas Story which was
presented by the school's three
Sixth Grade classes before a
school assembly and on another
occasion before the P-TA.
The issues were presented to
Superintendent James W. Dent by
a parent and the American Civil
Liberties: Union.
Attorney General's Ruling
On June 10, 1955, the Attorney
General of California handed
down a ruling that "Religious
prayers may not be made a part
of the curriculum of the public
schools. ... It hardly seems open
to debate that a public school
teacher may not be required to
recite a daily prayer, for no one
may be compelled to perform a
religious ceremony as a condition
of his employment by the state.
... It is true that the majority of
our people are Christians or Jews,
so that simple prayers to a Su-
preme Being would not be incom-
patible with the views of most
students in the public schools.
Nevertheless, even atheists and
agnostics are protected in their
beliefs by the Constitution....
In the last analysis, it is one of
the fundamentals of American
government that the home and
the church have total responsibil-
ity for the religious training of
each child; the state may not con-
stitutionally intrude upon that re-
sponsibility." :
Scripture Readings
The Christmas Story included
not only the traditional carols,
but fairly extensive readings from -
the Bible, especially the New Tes-
tament. Only four verses were
read from the Old Testament (Mi- -
cah and Isaiah), while the Christ-
mas story itself was told by scrip-
ture readings from the books of
Luke and Matthew in the New
Testament.
Because of the manner of pre-
sentation, it seemed to the ACLU
_ that the program was one of re-
ligious teaching and indoctrina-
tion rather than a secular presen-
tation of the Christmas story. The
place for a religious presentation
of the Christmas Story is in the
Church and the home, not in our
schools, which are secular insti-
tutions. Separation of Church and
State is aimed not alone at the
establishment of a Church, but, as
the First Amendment provides,
against the "establishment of re-
ligion." :
Recognition Permissible
This does not mean, of course,
that the Bible may not be used as
a reference book in suitable class-
es, or that there may not be ref-
erences of a religious nature in
studying poetry or history, or that
the Christmas season need be ig-
nored. But it does mean that the
Story of Christmas -cannot be a
religious presentation, but simply
a statement of why Christians,
one religious element in the com-
munity, celebrate the particular
religious holiday.
Nativity Play Protested
As Religious Teaching -
The protest of a parent against
a Nativity play presented by pu-
pils of the Ross Grammar School
has been referred to California
Attorney General Edmund G.
Brown for an opinion by the
local board of education.
The protest came from Ann Dia-
mond, a San Rafael attorney and
wife of San Francisco psychia-
trist, Dr. Bernard Diamond. The
family resides in Ross.
The Play
Titled The Christmas Story,
the play combines carols and
statements from the New Testa-
`ment. The first scene is called
the "Shepherds and Angel scene,"
` the second is called the "Manger
Scene," while the last is called
the "Manger Scene With Kings."
Quotations such as the following
appear in the text: "And so they
eame, the rich, the poor, the
young, the old, to seek the Babe
lying in a Manger-the New Born
_ King of Bethlehem, Jesus Christ,
our Lord." "And now it came `to
pass that Three Wise Men, a
King of the East, a King of the
South and a King of the North,
saw the Star moving through the
heavens. They followed it until
it came at last to the lowly man-
ger where lay the Holy Babe and
with Him was Mary, His mother.
When they all saw this, they re-
joiced with exceeding great joy
and fell down upon their knees in
worship. They offered unto Jesus
rich gifts of gold, frankincense,
and myrrh."
- "T was shocked," Mrs. Diamond
is quoted as saying, "when I saw
that Christmas play presented last -
month by the pupils for the par-
ents.
- Religious Teaching
"The religion it reflected was
not the religion of my children.
'
It confused them, and they
brought their confusion into our
home. It was an experience out-
side their faith."
"The telling of Bible stories as
literature and the viewing of
great religious paintings as art
in our schools are not offensive,"
she declared. "But the Christmas.
Story and its implications should.
be told in church schools."
Mrs. Jean Peters of Ross also
expressed opposition to the pro- (c)
gram. "To me," said she, "Dick-
`ens' `Christmas Carol' is a better
story to be presented in the pub-
lic schools than the Bible tale as
there is no special religion in it."
Mrs. Peters said that while she
was not an atheist or agnostic, she
felt that these people had a right
in our schools without being sub-
jected to religious teaching.
Other Protests
Supt. Stephen L. Parodi said
several people had commended,
the play, but that he had also re-
ceived a number of protests.
The San Rafael "Independent
Journal" agreed that "Religious
teaching is banned by law from
the public schools. But does this
mean," it asked, "that every his-
torical event which touches re-
ligion is also verboten?" It con-
cluded by saying that "to com-
pletely ignore the historic facts
of religion is to do an improper
job of educating our children."
Instead of disagreeing with the
"Independent Journal" the prot-
estants agreed, but pointed out
that the newspaper had not gotten
its facts straight. To the minds
of the protestants, in this particu-
lar case, there was a teaching of
religion in the schools.
The matter is scheduled to
come before the ACLU board on
February 6.
ANNUAL REPORT
ACLU Urges
Climate Of
Freedom
The United States urgently needs a security system that
will not hamper technological progress in this age of guided
missiles and earth satellites, the American Civil Liberties
Union declared last month. The government can retain the
full services of scientists, technicians, engineers and admin-
istrative executives for more
rapid invention and development
work only if it permits them to
operate in a climate of freedom,
the Union warned.
In its 1957 annual report re-
viewing civil liberties gains and
losses in the areas of free ex-
pression and association, equality
before the law and due process,
the ACLU linked maintenance of
civil liberties to ways of insuring
that America will remain dom-
inant in scientific fields.
"Our national defense," asserted
executive director Patrick
Murphy Malin in an introduction
to the report, "demands that a
host of the most competent cit-
izens the country possesses
should be enlisted for the dura-
tion, in all parts and at all levels
of our government; and they
can't be got and kept if they feel
they are being scrutinized _as
potential traitors." A companion
need, he reminded, is for the
United States to maintain a single
standard , for ' civil liberties-at
home and abroad-in order to
advance the cause of democracy
the world over.
The Union recognized that in-
ternational peace and freedom,
as well as America's security, are
in "much greater danger' now
than twelve months ago, and that
as a result civil liberties may be
"wnder intensified pressure, in
the name of national security."
At the same time, it found sev-
eral reasons for sober optimism.
about the prospects for preserv-
ing civil liberties: (a) "Public
opinion as a whole seems to have
matured considerably in its un-
derstanding of which measures
do-and which do not- really
serve national security; (b) "The
studied seriousness" of important
U. S. Supreme Court decisions
this year bearing on the relation-
ship of security and individual
freedoms, and of the report by
the Administration-a p pointed
Commission on Government Se-
curity, "is in sharp contrast to
- the hysteria and near-terror of
only a few years ago;" (c) The
Administration, the report contin-
ued, now is relaxing some of its
security rules as applied to
scientists; appears ready to have
the McMahon Act amended to
permit wider exchange of sci-
entific information with our
allies; and is-allowing release of
more information about missile
developments.
Another help, Malin com-
mented, is that "members and
sympathizers of the Communist
Party in this country are now a
tiny and puny crew." This not
soncncensenmen
eS
The first right of a citizen
Is the right .
only simplifies the police job of
maintaining internal security, he
said, but also tends to ease
pressures against civil liberties.
"It is not the professionals-
for example, the FBI and the
courts-who have been most
guilty of excesses," Malin
asserted, "but the galloping
amateurs-in the legislatures, the
executive agencies and the public
at large. Happily for Civil lib-
erties, some of those amateurs
are growing in wisdom; and the
rest are now under stern warn-
ing from the Supreme Court, or
can't find headline-yielding things
to do. ;
"The House Committee on Un-
American Activities ought never
to have come into existence, and
ought to be abolished; but, even
if it persists in some form or
other, the center of gravity has
at least temporarily shifted-for
those of us with a concern that
national security shall be pre-
served, without violating civil lib-
erties." ;
The Union report said that
while the 1957 Civil Rights Act
is "a considerable step forward
. . . In actual realization of the
Fifteenth Amendment," most
progress in `this field will
continue to come through chan-
nels other than federal legisla-
`tion-"non-governmental efforts
of many kinds, official state and
local experiments, and federal
executive and judicial action."
The use of federal troops in the
Little Rock school integration
conflict, the Union said, was
necessary `"`to prevent mob action
-uncontrollable, uncontrolled, or
even stimulated by (state and
`local officials) from interfering
with the long-planned observance
by school authorities of a court
order." But the Union recognized
that the show of federal force
"will for years to come work
terrible harm in the South,
chiefly by hardening lines against
the `moderates,' those who are op-
posed to integration but acknowl-
edge its inevitability and want it
to come by law and order."
School Board Approves
Diego Rivera Mural
On January 9, the Board of Ed-
ucation of the San Francisco Uni-
fied School District reapproved
its decision to permit installation
of a Diego Rivera mural in a the-
atre lobby at City College. The
vote was 5 to 2. Opposition to the
mural was grounded on the ar-
tist's Communist politics.
DAY
Patron. Membership-......1.... 0. 02-5 ee es $100
Sustaining, Membership -..2.5. 2... 55.4655... 50
Business and Professional Membership ....'.........-. = 20
sEamily Membership 2. 6 10
Annual Membership .. 2.5.5.2... s 5
Junior Membership (under 21). 7... 2. ee 2
AGU WNews Subscription ...2 4. |... 2 $1.50
NAME
ADDRESS ee ee
TEEERRIONESGNUMBER. 3-5... 2 ANG ENGEOSED 44... =.
503 Market Street
San Francisco, 5
Marin Chapter
Hears Dr. John
Henry Merryman
If a book or writing has the
slightest redeeming social impor-
tance, it is protected by the First
Amendment and is not obscene;
if it is without the slightest social
importance, it is unprotected and
is obscene. This was the key
statement paraphrased by Dr.
John Henry Merryman, at the
annual meeting of the Marin
Chapter ACLU the evening of
January 16 in San Rafael, from
the new doctrine advanced in the
majority opinion in the Roth case
written by Supreme Court Justice .
William L. Brennan, Jr.
Questions Raised
Dr. Merryman, chairman of the
ACLU of Northern California,
then asked questions raised by
the dissent of Harlan, Douglas
and Black. What should be said
about "obscenity's being without
social importance?" Is sex less
important than politics or eco-
nomics? (Incidentally though
talking about obscenity, Dr. Mer-
ryman did not use the word sex
until two thirds of the way thru
his talk, a remarkable feat!) Did
the framers of the Constitution
intend to keep this kind of deci-
sion out of the government's
hands? Did they intend to have
the government concerned with
conduct rather than with utter-
ance? If we should assume that
obscenity is a _ serious
problem, should law seek to
control it, or should we rely for
control on home, school and
church? Is the record of censors
on the whole bad? Douglas said it
was "irrational and indiscrim-
inate," and that obscenity has no
fixed legal meaning. Does ob-
scenity in some cases have
positive values? Do _ published
obscene writings lead to crimes
of violence, or sometimes provide
release avoiding violence?
Delinquents Don't Read
In talking of delinquency and
obscene writings, Dr. Merryman
pointed to a recent 10-year study
of delinquents, which omitted
"reading" as a cause because it
had been found that delinquents
do not read. He also referred to
the famous quote from Mayor
Walker, "No woman was ever
seduced by-a book."
In conclusion, Prof. Merryman
said, "We have two types, book-
fearing v. authority-fearing. It
boils down to confidence in
people to select the truth and
reject the false."
A lively period of questions
and refreshments followed Dr.
Merryman's talk. Preceeding it
was a brilliant, succinct and
necessarily hurried review of
eight of the thirteen court cases
ACLU staff counsel Albert M.
Bendich is currently handling in
various courts; and a note of
thanks from 1957 Marin Chair-
man Milen Dempster to the
founders of the Marin Chapter
and the active members of the
1957 Marin Board for the work
they have done in pioneering the
way for more chapters in the
future. :
Board Elected
Also at the meeting the twenty
nominees for the 1958 Marin
Board presented by the nominat-
ing committee were elected.
These twenty were: Jim Chesnut,
Anne Coolidge, Milen Dempster,
Abe Goodman, Robert Greens-
felder, Elaine Gutstadt, Betty
Hemingway, Jay Hutchinson, Ray-
mond Johnson, Gabriel Lehrer,
Sali Lieberman, Meryle Malches-
ki, Maxine Mallouf, Gordon
Robinson, Annette Philpott, Jerry
Rubin, Dr. Tom Stone, Alan Swa-
backer, Daniel Yanow and Rosa-
lind Ray Watkin. Nominations
were opened for members at the
meeting, but no additional nom-
inations were made. :
Eighty members and friends
attended the meeting, which was
held in the Jewish Community
Center in San Rafael.
ACLU NEWS
February, 1958
Page 4
social,
Youth Club Target
Of Security Charges
(Continued. from Page 1)
introduced into evidence. At
first, counsel for the Government
sought, to introduce the docu-
ments without providing a trans-
lation. Finally, translators were.
brought from the Army Language
School at Monterey and about 5
or 6 articles were translated.
What was lacking, however, was
a witness to point out what was
"subversive" about the articles.
By and large, the articles seemed
quite harmless.
William R. Moore, who headed
the raid on the Club's headquar-
ters, admitted he had made a re-
port of the incident to his supe-
riors at the time, but he declined
to bring in the report on the
ground that it was "classified."
The ACLU contended that it was
entitled to cross-examine Moore
on the basis of his report to his
superiors. A motion to strike
Moore's testimony. was denied.
Club's Chairman Testifies
During the hearing, the ACLU
introduced the testimony of the
Chairman of the Club's board, in-
troduced at a similar hearing. In
that hearing, the witness testified
that he had been Chairman for
six or seven years; that it had
been renamed the Youth Club in
1954; that its members were main-
ly teen-agers; its purpose "to en-
courage people to have whole-
some recreation and social activi-
ties," and that its financing came
from 50-cents-a-month dues, plus
an annual fund drive that netted
$1000 from merchants.
The witness denied that the
group was subversives, or that it
Sex Registration
Act Challenged |
(Continued from Page 2)
ister may be heard in his defense
in order to show that he is not a
recidivist - he must register.
merely because he once com-
mitted a sex offense, and he must
do so for the rest of his life,
whether rehabilitated or not. This
is a violation of procedural due
process. It is also so arbitrary as
to have no reasonable connection
with the law's purpose, and it
therefore violates substantive due
process.'
Privileges and Immunities
Of course, the real consequence
of this law is that sex offenders
are harrassed by the police: they
are detained in round-ups without
probable cause, their photographs
are indiscriminately shown for
"identification" purposes and
they are subject to indiscriminate
police surveillance and question-
ing, hardly the hallmark of a
democracy. And because of such
obstacles, psychological as well
as physical, which directly mil-
itate against rehabilitation, per-
sons may be deterred from com;
ing to California. Such interfer-
ence with the right to travel,
prevents a person, merely be-
cause he has made a mistake,
and paid for it, from seeking new
horizons where a new life can be
started. Thus the Privileges and
Immunities Clause as well as the
liberty guarantee of the Due
Process Clause is violated.
-A.M.B.
in any way supported and served
the interests of the People's Re-
public of China and of the Soviet
Union. He admitted that they
had had some problems about ar-
ticles which were published in
' their paper that had some politi-
cal flavor, but he contended that
that problem had been solved. No
individual, he insisted, could
speak for the Club without being
authorized to do so.
No Decision
The testimony in the case has
`not yet been transcribed, so it
may be months before a decision
is received. The board that heard
the case makes merely a recom-
mendation to the Pentagon.
In the meantime, the hearing
in the second case started on Jan-
uary 22. After all-day hearings,
the matter was continued until
March 3, 4 and 5.
The ACLU has thus far inter-
vened in four cases in which the
Army has charged Chinese with
membership in the Chinese
American Youth Club. In one
case, decided a year ago, the man
received an Honorable Discharge,
but the fine print stated, in ef-
fect, that it was for security rea-
sons.
Appeal Pending
In another case, an appeal is
pending before the Army Dis-
charge Review Board. The case
involves a Chinese drafted in
March, 1953. On January 18, 1954,
he received security charges
which he was permitted to an-.
swer in writing. No hearing was
allowed. Twenty-four days after
submitting his written answer to
the allegations, which included
past membership in the Club, he
received an "Undesirable" dis-
charge. Someone finally sent him
around to the ACLU and an ap-
peal in his behalf was filed on
May 20, 1957. A decision is still
being awaited.
Two Test Suits
In the meantime, the U. S. Su-
preme Court on January 15 heard
arguments in two cases testing
the constitutionality of the Army's
security program for inductees.
Ponald B. MacGuines, Justice De-
partment attorney, contended that
"The Army is entitled to dismiss
any man as a security risk. But
We do not argue that there is au-
' thority to base that finding on
preinduction activities."
"You say this is beyond the
legal authority of the Secretary
of the Army," said Justice Felix
Frankfurter. "Why, then, hasn't
the Department of Justice so in-
formed the Department of the
Army?"
"It has," MacGuines replied.
Army Won't Budge
According to press reports, the
Justice Department tried for
months to persuade the Army to:
admit its legal error and give
honorable discharges in all past
cases at issue, but the Army re-
fused to budge. Consequently, the
Solicitor General presented the
pending cases to the Supreme
Court without defending the legal-
ity of the Army policy. It argued
only that (1) the courts cannot
review discharges, and (2) no
legal injury has been done the
men involved anyway. (c)
Philip Adams
Theodore Baer
Prof. James R. Caldwell
William K. Coblentz
Rabbi Alvin |. Fine
John M. Fowle
Laurent B. Frantz
Howard Friedman
Rev. Oscar F. Green
Zora Cheever Gross
Alice G. Heyneman
Mrs. Paul Holmer
J. Richard Johnston
Prof. Van D. Kennedy
Prof. Theodore J. Kreps
Board of Directors of the American Civil Liberties Union
: of Northern California
CHAIRMAN: Prof. John Henry Merryman
VICE-CHAIRMEN: Dr. Alexander Meiklejohn
Helen Salz
SECRETARY-TREASURER: William M. Roth
. HONORARY TREASURER: Joseph M. Thompson
HONORARY MEMBER: Sara Bard Field
EXECUTIVE DIRECTOR: Ernest Besig
Rev. F. Danford Lion
Seaton W. Manning
Rev. Robert W. Moon
Lloyd L. Morain
Rt. Rev. Edward L. Parsons
Clarence E. Rust -
Mrs. Alec Skolnick cent
Fred H. Smith, IV
Theodosia B. Stewart
Stephen Thiermann
Franklin H. Williams
GENERAL COUNSEL -
Wayne M. Collins
STAFF COUNSEL
Albert M. Bendich