vol. 25, no. 9

American

Civil Liberties

Union

Volume XXV

San Francisco, California, September, 1960

_ Number 9

Lundquist

Back In

ecurity Case

Job

Frank Lundquist, 65, won a niderent July 1, entitling

him to reinstatement in the Marine Engineer's Beneficial As-

sociation after six days of trial before San Francisco Supe-

rior Court Judge Teresa Meikle.

He was represented by

ACLU staff counsel Albert M. Bendich.

Lundquist had been screened

as a security risk by the Coast

Guard in 1951 under the port se-

curity program, which was later

ruled unconstitutional because it

did not allow screened seamen to

face their accusers.

However, after the Coast Guard

was compelled by court order to

issue validated shipping docu-

ments to screened seamen, Lund-

quist found his return to his sea-

going trade blocked by his own

union, which refused to reinstate

him from withdrawal _ status,

`though he met all the constitu-

tional and by-law Peau RCs of

the MEBA,

Barred From Job

From November, 1956, to the

date of judgment, Lundquist was

`prevented from sailing and fol-

lowing his occupation by the ME-

BA, *which claimed various

grounds as justification, includ-

ing charges that Lundquist was a

Communist, that he was not a

seaman, that he was a "`trouble-

maker," and so on.

None of the claims stood up in

court. Lundquist proved that he

had spent the greater part of his

life at sea and was the holder of

a U. S. Coast Guard license, en-

titling him to ship as a chief en-

gineer on any steam vessel, any

tonnage, on any ocean. He also

proved that he had worked for

the U. S. Maritime Commission as

a chief surveyor during the years

of World War II, an occupation

demanding of higher skills than

those possessed by most chief en-

gineers. Finally, he proved that

he had never been a member of

the Communist Party, and that

there was nothing to support the

`claim that he had ever engaged

in anything describable as or

blemaking."

MEBA Delays Action

After Lundquist's application

for reinstatement in November,

1956, the MEBA kept delaying

action. Finally, after repeated re-

quests, the union gave him a

committee hearing on May 17,

1957. He was questioned on the

basis of information supplied by

the Coast Guard, and the ques-

tions related solely to "security"

matters. The conclusion is thus

inescapable that the union was

substituting for the Coast Guard

Court Asked to Review

Librarian's Case

A petition for review in the

Rebecca Wolstenholme case was

filed with the United States Su-

preme Court August 15.

Mrs. Wolstenholme claimed

that the Supreme Court's deci-

sion violated the due process and

equal protection clauses of the

Fourteenth Amendment because

it was totally without factual sup-

port and as a matter of fact was

in conlict with the uncontradict-

ed evidence.-The high court had

ruled that she waited too long

before filing her action for rein-

statement to the prejudice of

_ the city of Oakland.

Mrs. Wolstenholme is a former

senior librarian in Oakland who

had suffered a loyalty dismissal

under the Luckel Act, aithough

she had answered all questions

required by law and had signed

two loyalty oaths.

in continuing the implementation

of an uncoastitutional. screening

program: Since the Coast Guard .

files were "confidential," it would

seem that the Coast Guard violat-

ed its own regulations in disclos-

ing information in order to con-

tinue an illegal program. Inci-

dentally, there has never been

any report filed by the hearing

committee, except one which was

made about a year after suit had

been filed stating that no report

would be made since suit had

been filed.

An appeal from that part of the

judgment denying Lundquist

damages is being filed.

Sausalito Creche

Ruled Illegal

By City Atty.

Sausalito City Attorney John B.

Ehlen stated the legality of erect-

ing a nativity scene with public

funds is "highly doubtiul," in an

opinion given to the City Council

Jast week.

The Sausalito City Council had

appropriated $600 to the Sausalito

Chamber of Commerce for the

building, erection and mainte-

nance of a creche in the Water-

front Park this coming Christmas

season.

Mr, Ehlen supported ACLU's

position after a representative of

the American Jewish Congress

presented several briefs and

court decisions ruling such ex-

penditures un-Constitutional,

In This Issue...

Atty. Gen. Mosk States Creed

of Personal Liberty .....P 2

High Court Upholds Denial of

Social Security Benefits ..P 3

HUAC Road Show Gives

Poor Show for Money ...P 4

S.F. Has Poor Record

In Equal Housing - CCU .P 3

Sunday Closing Law Test

Reaches High Court ....P 4

Why You Join, Why You Quit

| Membership Analysis ...... P2

Robert B. McKay

NY Law Prof.

To Speak at

1960 Meeting

Professor Robert B. McKay

will deliver the 1960 ACLU An-

nual Meeting address on "Speak-

ing Up for Silence". The meet-

ing, a lecture followed by social

hour and refreshments, will be

~held on a Saturday evening in

November. Exact time and place

will be announced in the Octo-

ber NEWS.

A professor of constitutional

law at New York University Law

School, Professor McKay will

teach at University of California

during the coming year. He is a

member of the New York Civil

Liberties Union board of direc-

_ tors and member of the due

process committee.

He received his law degree

from Yale Law School in 1947

after completing undergraduate

work at the University of Kan-

sas. He then served.in the Ap-

pellate Section of the Office of

Alien Property, Department of

Justice from 1947 to '50. He

taught at the Emory University

Law School from 1950-53 and

joined the New York University

Law faculty in 1953.

He has lectured frequently for

the NYCLU and has testified be-

fore Congressional committees in

their behalf.

Planning this year's Annual

Meeting is the responsibility of

the Education Committee, under

the chairmanship of Mrs. Alec

Skolnick. Serving with her are

Mmes. Paul Holmer, Zora Chee-

ver Gross, Robert Lauter, and

Martin Steiner; Stephen Thier-

mann, Harry B. Scholefield, Rich-

ard DeLancie, William Coblentz,

and Peter Szego.

Day As Any Other Day

After considerable correspond-

ence spread over nearly three

months, the ACLU and Lloyd H.

Byassee continue to receive the

usual evasions from city officials

on a police brutality charge.

The charge originated with

Mr. Byassee who happened to

witness two police officers heat-

ing a handcuffed prisoner lying

helplessly on the sidewalk. Al-

though he did not know the man

or the circumstances of the case,

Mr. Byasse was so outraged by

the alleged beating, he wrote a

letter of protest to Police Chief

Cahill with copies to the ACLU

and Mayor Christopher. The

ACLU supported Mr. Byassee's -

demands for an investigation.

The ACLU letter requesting an

investigation was mailed May 23.

A brief review of the ensuing

correspondence follows:

May 25: Letter received from

the Mayor stating, "I know that

ith Police Department

Chief Cahill will make a full and _

thorough investigation of these

allegations."

June 3: Letter received from

Chief Cahill, stating in full:

"This will acknowledge your let-

ter of May 23, 1960, with refer-

ence to a letter from Mr. Lloyd

H. Byassee dated May 22nd.

"No Merit"

"May you please be advised

that an investigation has been

made in this matter and that

there is no merit to the com-

plaint."

June 7: Letter to Chief Cahill -

from ACLU requesting a copy

of the report of investigation or

permission to examine it in the

police department office.

No Reply

June 16: Letter to Chief Cahill

from ACLU stating there had

been no response to the above

letter and repeating request.

-Continued on Page 3

-scientious

Success Against Loyalty Cath

In the first degsion of its kind by an appellate court any-

where in the country, the California Supreme Court ruled 4-3

on August 2 that a jobless person did not have to take a gov-

ernment job requiring a loyalty oath in order to remain

eligible for unemployment insurance benefits.

The court ordered the State

`Department of Employment to

pay Marion R. Syrek Jr., 26, of-

fice machine operator of Berke-

ley, the benefits the Department

had cut off in 1956.

Syrek had refused to take a

$250 a month job with Alameda

County because it required sign-

ing a loyalty oath. He said at the

time that he was "allergic" to

such an oath.

"ORDER REVERSED

The Department of Employ-

ment's order was upheld by Ala-

meda County Superior Court

Judge Folger Emerson. Syrek

appealed and a unanimous Dis-

trict Court of Appeal decision

`reversed Judge Emerson in an

opinion written by San Francisco

Judge Preston Devine, who was

sitting pro `tem. In ruling that

Syrek did not have to sign a loy-

alty oath or forfeit unemploy-

ment benefits, the Supreme

Court majority adopted Judge

Devine's opinion as its own. "Be-

cause of the importance of the

issue involved," said the high

court, "and because the problem

is one of first impression, a hear-

ing was granted by this court."

THE ISSUE

"The single issue presented is

whether plaintiff's conscientious

objection to the Ipyalty oath,

which California requires as a

prerequisite to governmental

employment, constitutes `good

cause' for refusing to apply for

employment with a county agen-

cy, as that phrase is used in un-

employment insurance laws.

Stated another way, is a position

with a governmental agency

`suitable employment, the re-

fusal of which will bar a con-

objector from the

benefits of the unemployment

statutes?"

Good cause, suitable employ-

ment, and conscientious objec-

tion are all matters which must

be evaluated in the light of the

facts -in each particular case,

said the court. Of "particular sig-

nificance" the court said, was

Syrek's objection to that portion

ef the loyalty oath which re-

quires a governmental employee

to aver he never will, in the fu-

ture, advocate the overthrow of

the state or federal government

by force or violence. The court

pointed out that Syrek had tes-

tified "that the established gov-

ernment of the United States

was overthrown by force and vio-

lence in 1776, and that circum-

stances might oceur in the fu-

ture whereby the government

Above and

Beyond

FOR AID ABOVE AND BE-

YOND THE CALL OF MEM.

BERSHIP ...

To Mrs, Howard BE. Clark of

Carmel, THANKS,

We misplaced a client this

month - knew only that she

was at some hotel somewhere

in Carmel. She was needed to

sign papers due in the U, S.

Supreme Court in two days.

A frantic call to Mrs, Clark |

started her on a telephone

marathon that finally produced

our missing lady. The papers

were on time!

-ment,

might again become a dictator-

ship, in which event it would

be the duty of patriotic citizens

to advocate force and violence."

Two further points which the

court felt had particular signifi-

cance were Syrek's full and free

testimony under the usual wit-

ness' oath and the fact that no

evidence was produced, and no

claim made that Syrek was dis-

loyal, or that he was connected

with any subversive person or or-

ganization.

' OBJECTIONS MUST BE

SINCERE

"We do not hold," said the

majority opinion, "that an appli-

cant for unemployment insur-

ance benefits may simply an-

nounce that he does not care to

apply for positions with govern-

nor that he may do so

upon his announcement that he

does not agree with the loyalty

oath requirement in general, nor

that he may do so even as to the

requirement of the loyalty oath -

as to himself if his objection is

simply antipathy to the require-

ment, because such a case is not

before us. We do hold that when

an applicant declines to take the

-Continued on Page 3

ENDING OF}

EQUAL TIM

OPPOSED

The American Civil Liberties

- Union took a firm stand against

the bill suspending the require.

ment that equal television time

be granted to presidential and

vice-president candidates. It

has been reported in the press

`that the Senate bill will be passed .

in the House by a voice vote.

ACLU claimed, "Its effect will

be to deny a hearing on the air

to minority parties which have

named legally quipicd candi-

dates."

Recommending adoption of the

English practice, ACLU. urged

that time be afforded equitably;

minor parties receiving some

time but not as much as major

parties.

The Senate bill would elimi-

nate the equal-time provision for

the coming election only but sup-

porters state the change. might

become permanent if broadcast-

ers live up to their public re-

sponsibilities. :

Constitutionality Questionable

Arguing the bill is of question-

able constitutionality, the ACLU

stated permanent repeal "would

constitute a mandate by Congress

for the perpetuation of the two

major parties and the effective

elimination of any nascent third

party and of all minor parties.

_It can be argued that if television

had existed in 1860 and had then

been the powerful force in poli-

tical life that it is today, and if

the Whigs and Democrats had

- had a monopoly of the air waves,

the newly-formed Republican

Party could never have sent

Abraham. Lincoln to the White

House."

Charging the current bill is a

piece-meal approach to the prob.

lem of how political debate will

- be handled on air waves owned

by the public, ACLU urged that

legislation spell out responsibil-

-Continued on Page 3

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American. Civil Liberties Union of Northern California

Second Class mail privileges authorized at San Francisco, Calif.

ERNEST BESIG .. . Editor

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

Subscription Rates-Two Dollars a Year

Twenty Cents Per Copy

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Rabbi Alvin 1. Fine Z

VICE-CHAIRMEN: Dr. Alexander Meiklejohn, Helen Salz

SECRETARY-TREASURER: Fred H. Smith, IV

HONORARY TREASURER: Joseph M. Thompson

HONORARY MEMBER: Sara Bard Field ~

EXECUTIVE DIRECTOR: Ernest Besig

Philip Adams

Theodore Baer

William K. Coblentz

Richard De Lancie

Samuel B. Eubanks

John M. Fowle"

Howard Friedman.

Rev. Oscar F. Green .

Zora Cheever Gross

Robert H. Hardgrove

Alice G. Heyneman

Mrs. Paul Holmer

Rey. F. Danford Lion

Lloyd L. Morain

Clarence E. Rust

Rey. Harry B. Scholefield

Mrs. Alec Skolnick

Mrs. Martin Steiner.

- Stephen Thiermann

Franklin H. Williams

Harold Winkler

GENERAL COUNSEL

Wayne M. Collins

STAFF COUNSEL

Albert M. Bendich

Atty. Gen. Mosk States ,

Creed of Personal Liberty

Of interest to all ACLU members is the following statement of

personal belief in our heritage of individual freedoms by the Califor-

nia state official most immediately concerned with them .. . Stanley

Mosk, Attorney General. This interview is reprinted from the May,

1960, issue of Signs of the Times. Asking the questions is Richard

H. Utt.

Mr. Mosk, do you feel that freedom is ne threatened in the

United States?

I think we have come close to losing our liberty in recent years,

especially during the McCarthy era, when oaths of non-disloyalty

were being required. Serious inroads were made then which have,

not been entirely repaired. In some respects the climate is better

now than then.

In a recent speech in San Francisco you mentioned that religious

liberty in particular is in danger. How is this? :

The present revival of interest in religion and morality is, I be-

_lieve,healthy. But- when this renewed interest in religion degenerates

: _ into efforts to impose the beliefs of one religious group upon another,

liberty is imperiled.

What are the leading trends that threaten religious liberty now?

Compulsory Sabbath-closing laws-particularly when the state

tries to define the Sabbath-and. released-time religion classes. Of

course, I want to make it clear that I am not opposed to religion, or

the religious training of our children in the proper way and place.

- What is that proper place?

The home, the church, and the private religious school.

- You mentioned released-time instruetion. Would you ern your

- attitude toward it?

Disapproves Released Time

I recognize that it has been established as legal, but I disapprove

of it. It tends to set apart some religious groups from others, and

embarrases children from minority groups. It has not spread as fast

as its proponents expected.

Then you disagree with those who say religious instruction in

public schools is the answer to juvenile delinquency?

That part of morality based on religion should be taught in reli-

gious schools and the home. But ethics, the basic principles of people

living together in harmony, good citizenship, can and should be

taught in public schools.

What is your reaction to the claim that Sunday legislation is

merely social legislation, not religious?

I think a law is sound if it specifies that everyone shall have one

day in seven free for rest from labor. Where the law runs afoul of

religion is when it specifies which day of the week that shall be.

What would you say to the claim of the Lord's Day Alliance. that

. Sunday laws are the "American ey since they were enforced by

our "Founding Fathers'?

America has followed, not: the early colonial laws which were

often intolerant, but the principles of Madison and Jefferson. True,

the early colonies were founded by religious sects, but the Bill of

Rights is based on a separation of church and state. There was quite -

an effort in the State of Virginia to secure state support of the Angli-

can Church, but this was defeated by Madison's remonstrance.

Majority Right to Sunday Laws?

Should religious liberty questions be settled by majority vote?

If the majority wants Sunday laws, do they have a perfect right to

make them?

Our Bill of Rights specifies protection of the rights of all citizens,

not merely of the majority. We don't take a public vote concerning

the guilt or innocence of persons on trial in the courts, because we

realize that emotions can sway the majority. Rather, we try to see

that the person being tried has a fair, just trial, regardless of major-

ity opinion. Where basic human rights are concerned the majority =

should have no power over the minority.

Why, do you believe, did the people of California vote in the last

election to retain the only Sunday law on the books of the state-

the one prohibiting Sunday boxing?

Why You

Early responses to a question-

naire seem to emphatically under-

score a long-held conjecture-

ACLU's best source of new mem-

bers is old members. The ques-

tionnaire, mailed last month to

some 700 persons who joined dur-

ing the Spring Membership Drive,

asked what specifically caused.

them to send in their dues.

Early responses were distribut-

ed among the following catego-

ries:

52-`one of your mailings';

21-`an ACLU party or meet-

ing';

61-`persuasion from a per-

sonal friend';

42-"`a civil liberties problem I

read about in the press';

62-filled in a blank space with

a variety of specific reasons.

The ACLU Persuaders _

In fact, it would seem the mu-

tual education and persuasion of

friendship would account for al-

most all the new members. Cer-

tainly, in most cases, the mem-

bers who submitted names in-

formed those friends and usually

asked their permission.

ut if it is discussion and share

But if it is discussion and shared

belief among friends that pre-

pares the willingness for member-

ship, it is the mailed invitation

from ACLU that completes the

act.

"Have been meaning to join

for years, but lacked/that final

push.

"I would have joined and con-

tributed much sooner if I only

had been contacted via personal

or secondary sources."

...-I1 was most familiar....I

believed and had put off joining

for no good reason."

..one of your mailings; al-

though I have for long intended

to support...I needed the mail-

ing."

"Persistent mailings..."

"..not persuasion; suggestion

I support my beliefs."

"...long been sympathetic...

last pressure of mail convinced."

-Continued on Page 4

Join, Why You

bership Analysis.

Although membership in the Northern Calera Brarsch

climbs steadily year after year, a small but regrettable num-

ber of members resigns too. ACLU is inevitably a contro-

versial organization. With its prime concern defending "`your

right to say it," the Union antagonizes many who disagree

with what is being said. These in-

dividuals, or groups, sometimes

confuse ACLU's defense of the

First Amendment with advocacy

of what is being said.

To many members, this infor-

mation has formed into a cliche,

but ACLU continues to bear the

attacks of those who find ACLU

policy and goals an incompre-

hensible paradox . . . how can

ACLU defend admitted Commu-

nists in court and not be protect-

ing Cemmunists, thereby spread-

ing the Communist line, there-

fore isn't it a subversive organiza-

tion? How can ACLU propose a

system under which individual

citizens have someplace to go, an

impartial place, with complaints

against overenthusiastic enforce-

ment of the law, and not be un-

dermining the police force? How

can the Union oppose releasing

school children from classes for

religious instruction without op-

posing religion?

No ACLU-isms

Issues. such as these cause at-

tacks from external-groups and

occasional resignations from our

own members. In defense, ACLU

states and restates the fundamen-

tal policy: no axe to grind, no

-ism of its own, but protection of

individual liberty as quite ex-

plicitly set down in the Bill of

Rights,

ACLU members might be in-

terested in some recent letters

of resignation.

"Your criticism of the San

Mateo chief of police for request-

ing removal of magazines which

contained questionable moral ma-

terial is another instance of op-

position you have taken against

action designed for the good of

the community and its citizens...

I certainly believe in freedom of

speech and action where it is not

against public welfare. Your op-

position to teaching any sort of -

Personally, I would like to see boxing abolished on every day

of the week. Perhaps many voters thought it would be at least a slight

improvement to have one seventh less boxing!

What is your attitude toward tax exemption of church-owned

secular industry, such as the Christian Brothers Winery of Napa?

There have been many complaints by businessmen of unfair com- -

petition by church-owned businesses. I'm not a tax expert, but I

believe the whole problem should be brought out into the light and

re-examined.

Americans Complacent of Freedom?

Do you believe that many Americans value security more than

freedom?

"There are many signs of this. Governor Brown made a good point

in his recent speech in Sacramento, when he said that too many

people are more interested in money than in service to the com-

munity. Many young people, when they apply for jobs, ask not,

"What is the challenge?" or "What are the opportunities?" but

"What about the retirement benefits?"

Why do you think many citizens are not concerned with protecting

religious and other freedoms?

I'm afraid the fault is in education. Everyone can see an attack |

on his liberty. The press sees when its liberty is assailed, but. it is

not so much concerned when some radical is denied freedom of

speech. The radical is concerned when his soap box is taken away

from him, but not concerned when some child suffers discrimination

because of released-time religious `instruction in school. The busi-

nessman can see clearly any injustices to him in the tax setup, but

he is not so much interested in preserving someone else's rights

under the Fifth Amendment.

Z

Do the freedoms of speech, press, assembly, and religion rise or

fall together? That is, can we have some freedoms while deprived of

others?

The press, I think, seems pretty well able to take care of itself;

it has the strongest defenders of its rights. But the loss of one free-

dom would soon be followed by others.

What can American citizens do to protect freedom of religion?

There is no substitute for education. We have an obligation to_

help our own people, as future citizens understand that there is

room in this country for people whose ideas are different from theirs,

and with whose way of living they may disagree. We must practice

Voltaire's famous maxim, "I disagree with what you say, but will

fight to the death to defend your aight to Say 10."

The answer to your question is found in a statement Chief Justice

Earl Warren recently quoted from the Athenian lawgiver, Solon.

The men of Athens asked Solon how justice could be secured in

their city. Solon replied, "Only when each citizen is as deeply injured

when another citizen is wronged, as he would feel if he himself had

been wronged."

religious principles in the public

schools, . . . is another case in

point. You seem to oppose relig- _

`ious teaching, although our coun- |

try was founded on religious prin-

ciples."

And another:

"Defense of Low Characters"

"Your defense of Chessman

and your stand against capital

punishment as well as your de-

fense of low characters general-

ly, on the edges of criminality,

make the acceptance of your lit-

erature impossible in my home."

Another, on. an_ issue

caused several resignations, al-

though the protested action was

taken by the Washington, D.C.

Branch, over whose policy this

Branch has no control:

"It is difficult for me to con-

sider renewing my membership

this year because of your organ-

ization's defense of Nazy sym-.

pathizers passing out pamphlets.

... Needless to say, I think the

ACLU should spend more time

on more vital issues which never

get attention than on protection .

of Nazi pamphleteers. I regret

that I must discontinue member-

ship in a wonderful organization

like the ACLU, but it would be

repugnant for me to think that

one cent of my money should in-

directly, even though uninten-

tionally, support Nazi propagen-

da."

To this letter, Ernest Besig,

Executive Director, answered in

part:

"Some people have the same

reaction to Catholic, Jehovah's

Witness, Christian Science, Com- |;

munist, Socialist, etc. propaganda

that you have to Nazi propagan-

"da. It doesn't help the situation -

to punch in the nose the distrib- .

utors of propaganda we loathe

and believe to be fraught with

danger, Our form of government

has certain risks. Personally, I'm

unwilling to trade those risks for

the alleged security of a totalitar-

ian form of government."

Favors Police Road Blocks

Another resignation letter, ob-

jecting to ACLU's objection to

police road blocks:

"Nothing will ever ge available

for an organization which refuses

to thank our civil authorities for

the effort to stop some of our.

highway slaughter by kindly

checking our automobiles for

needed safety conditions and the

condition of our drivers which

-Continued on Page 3

Letters fo the Editor...

July 30, 1960

Dear Friends of the ACLU:

I have followed with interest

and respect the great work that

your organization has dene. I

think it is high time that I call

it my organization. Enclosed is

my check to enroll as a member.

I have been so irked by the

Fascist tactics of the American

Legion and recently by the hypo-

critical rantings of Southern

"lawmakers" at our National

Conventions that I must now do

more than just voice my disap-

proval every chance I get. It is

indeed fortunate that we have

in America a Civil Liberties

Union that is willing to go fur-

ther than just talk in defending

our precious rights, and it re-

lieves my conscience consider-

ably to be able to join in such a

task.

Please accept my apology for

not having joined sooner. I hope

many others, who are also desir-

ous of protecting our civil liber-

ties, will see the "light" and join.

Robert L. Kauk

, Belmont, Calif.

ACLU NEWS

September, 1960

Page 2

that.

$.F. 1

The fight for equal opportunity

and equal protection under the

laws continues on many fronts.

In the North, the main battle

lies in the field of housing. Al-

though California is fairly pro-

gressive i its equal housing

laws, segregated housing is

maintained in many insidious

ways. A booklet just published

by Council for Civic Unity pro-

vides a factual chronicle of these

ways. .

That the color of a person's

skin plays a leading role in his

search for a place to live in San

Francisco has been proven by

the. scientific study, San Fran-

cisce's Housing a - Open

or Closed?

Added to the usual. problems

posed by. the limited supply of

good housing, a Negro or Orien-

tal family faces a closed door be-

cause of the operations of land-

lords, brokers, builders and home

finance agencies, CCU claims.

To get an accurate measure of

discrimination in housing, re-

searchers concentrated on atti-

tudes and actual business prac-

tices, making sharp distinctions

between. what was said and what

was done. For instance, on the

question of selling to minorities,

Right To Receive

Benefits Upheld

For Non-Signer

Continued from Page 1-

oath and states his own conscien-

tious objection. to the taking, and

there is no finding that his stated

objection is a sham for the pur-

pose of avoiding work or is

otherwise false, the applicant

may not be denied such unem-

ployment insurance benefits as

would otherwise be payable."

The court found "good cause"

from the standpoint of both pub-

lic interest and individual rights

for Syrek's refusal to accept a

referral to a public job. "There

is a very real possibility,' said

the court, "that the, oath require-

ment as a condition for unem-

ployment insurance would work

at cross purposes with the con-

stitutional plan for the employ-

ing by government of persons

whose consciences justify their

taking the loyalty oath. The

pressure put on an unemployed

person to take the oath or to go

without benefits, perhaps when

he is in desperate circumstances,

may lead to the taking.of the

oath with reservations, or with

actual falsehood."

As to individual rights, the

court pointed out that the State

may not use its political or eco-

nomic force to require the appli-

cant to change his views.

The majority opinion was pre-

pared by Justice Raymond Pe-

ters, and concurred in ky Jus-

tices Roger Traynor, Maurice

Dooling, and Chief Justice Phil

Gibson.

TWO MINORITY VIEWS

' Two minority opinions were

prepared, one written by Justice

Thomas White,

by Justice Marshall McComb.

The McComb dissent follows:

"I concur unqualifiedly in the

excellent dissenting opinion of

Mr. Justice White.

"T am certain that the taxpay-

ers will be surprised and as-

tounded to learn that the ma-

jority of this court has held that

they are required to have their

hard-earned taxes given to sup-

port in idleness a person who

refuses to take an obligation not

to overthrow, by force and vio-

Ience, the government of the

United States of America, a

form of government which it is

conceded by all has furnished to

everyone in this country the

highest standard of living and

the maximum amount of indi-

vidual personal freedom in re-

corded history."

ACLU staff counsel Albert M.

Bendich handled the case.-

-AMB

`ideals,

and. the other'

las Poor Record

in Equal Housing-CCU

"one in five brokers said they

will sell to Negroes, and two in

five to Orientals, without reser-

vation. But when asked what

that would do if a Negro wanted

-to buy in an all-white neighhbor-

hood in San Francisco, not one of

the 62 who answered this ques-

tion would sell to him." ;

City of Enlightenment? -

The interview technique was

applied throughout this. civil

rights inventory of housing op-

portunities. The overall picture

revealed is a far cry from San

Francisco's reputation as the city

of enlightenment. As the pam--

phlet notes, "The very segrega-

tion which we decry in the south

exists in our own northern

CULIES 2

As the San Francisco study

points out,. nonwhite residents

disproportionately crowd the

_ central sections, the white popu-

lous takes flight to the surround-

ing suburbs, slums mushroom-

all of which strain social, health

and welfare service costs as tax

revenues steadily fall off. Urban

planning and renewal, looked to

as the cure for our community,

ills, is threatened.

Business Practices at Fault

CCU's study of the accepted

and prevailing practices closing

good housing to nonwhites in San

Francisco also examines the vari-

- ous causes and pressures sustain-

ing these restrictions. Some are

mythological, such as the much

pratted yet statistically disprov-

en concept that minorities in a

neighborhood lower property

values. Others are ingrained in

the business associations of real

estate; for example, the economic |

pressures that might be exerted

against a landlord, broker or

builder for breaking the pattern

of .lily-whiteness. Finally, there

are the soical pressures of con-

formity that make each person

responsible for segregation point

his finger at the other fellow "`to

explain why they' themselves

must. continue to discriminate."

One promising note uncovered

in the social structure of housing

opportunities was that few real

estate operators, whether land-

lords, brokers, builders or jend-

ers, "would openly admit per-

sonal prejudice." This regard for

social ~ethics

the Council fof "Civic

Unity believes, may serve as the

groundwork for expanded edu-

cational and legislative programs

to dissipate the misconceptions

and myths that to date have

closed the door for San Fran-

ciscc's nonwhite population in

the housing market.

A Day As Any

Other Day With

Pelice Depart.

Continued from Page 1-

June 20: Letter from Chief Ca-

hill stating ".

of this Department not to make

public investigative reports of

this office, in the absence of any

proper legal demand therefor.

July 5: Letter to Mayor Chris-

topher from ACLU informing

him of Chief Cahill's response

and asking his cooperation in ob-

taining a copy of the investiga-

tion report.

No Help :

July 11: Reply from Mayor

Christopher ". . . May I respect-

fully inform you that the pro-

cedure to be followed in this in-

stance is the filing of a formal

complaint with the Police Com-

mission by the witness, Mr. Lloyd

H. Byassee. You will appreciate

the fact that these records are

of a confidential nature, as they

must be to safeguard the rights

of all our citizens, and cannot be

opened for perusal by the gen-

eral public. .;. 70x00B0

In summary: Mayor Chris-

topher answers his mail faster

than Chief Cahill.

and democratic -

.~ it is the policy (c)

High Court Upholds Denial of Social

Benefits To Former C

Security

In a recent decision, the U. S.

Supreme Court, by a 5 to 4 vote,

upheld the constitutionality of a

law which permits social secu-

rity benefits to be terminated in

the cases of aliens who are de-

ported for past membership in

the Communist Party. i

Lived Here 43 Years

The decision was handed down

in the case of Ephram Nestor,

who came to this country from

Bulgaria in 1913 and lived here

continuously for 43. years, until

July, 1956. He was then deported

from this country for having been

a Communist from 1933 to 1939.

At that time membership in the

Communist Party as such was not

illegal, and was not even a.statu-

tory ground for deportation. It

became a ground for deportation

in 1940.

1954 Law Invoked

From 1936 to January, 1955,

Nestor and his employers made

regular social security payments

to the Government. In 1954, 15

years after Nestor had last been

a Communist, and 18 years after

he began to make payments into

the old-age security fund, Con-

gress passed a law providing,

among other things, that any per-

son who had been deported from

this country because of past Com-

ACLU Proposes

increase In

TV Channels

The American Civil Liberties

Union recently made four moves

with the double goal of making

television more responsible to

the viewing public and preserv-

ing the First Amendment. Here

they are:

1. Proposed a gradual change-

over of the nation's television

system to an all UHF, 70 chan-

nel system. The shift, to be made

over a five to 10-year period cur-

ing which the present 13 chan-

nel VHF broadcasting . system

would be retained, would create

greater diversity in television

programming. Increasing . the

number of television channels

from 13 to 70 within at least a

decade would carry out the

. ACLU conviction that, under the

First Amendment, the public is

entitled to view a wide diversity

of. programs in public affairs,

religious, educational, cultural

and informational fields.

Strengthen TV Supervision

2. Urged the Senate Commit-

tee on Interstate and Foreign

Commerce to approve a_ Dill

(S1890) that would give the Fed-

eral Communications Commis-

sion more effective supervision

of. radio-TV stations. ACLU

claims the bill, already ap-

proved by the House, would

avoid censorship but enable the

FCC to determine more effec-

tively whether stations are living

up to their pledges to present

balanced programming.

3. Praised a newly - adopted

FCC policy of requiring broad-

casters applying for or renewing

station licenses to consult with

community leaders on program-

ming. ACLU took the position

that conferences on program-

ming between station-owners and

community representatives, eith-

er singly or in a group, will re-

- quire the broadcaster to face up

to, not in theory, but in practice

the multiple needs and desires of

the public he is licensed to serve.

Threatens Right to Strike

4. Warned that a bill now be-

fore the United States Senate de-

signed to protect communication

facilities which might be- used

for military or civilian defense

threatens the First Amendment .

right of workers to strike and

peacefully picket. The ACLU

stated: "The bill wotld make it

a federal crime to -hinder, ob-

struct, or delay any message over

any commercial line or system

covered by the bill or to inter-

fere with the workings or use of ,

such line or system. This clause

could easily be interpreted in

such a manner as to limit the

rights of employees to strike and

to picket. Any union that calls

a strike, as well as striking work-

ers, would necessarily be hinder-

ing or delaying messages and

thus guilty of a federal crime.

The ACLU suggests there are

other means of achieving this

function without interfering with

the Constitutional rights of labor

unions and individual workers."

ACLU NEWS

September, 1960

Page 3

Ending of

Equal Time

Opposed

Continued from Page 1-

ities of broadcasters to provide

time for all candidates.

The Right to Hear

~ACLU's position is not

simple, rule-of-thumb panacea,

but is one calculated to protect

the people's right to hear, at elec-

tion time, all shades of political

views."

In a newscast August 24, Com-

mentator William Winter joined

the protest against suspending

the equal time requirement. Mr.

Winter insisted the bill would

stifle useful criticism of the ma-

jor parties such as that provided

by Socialist Party candidate

Norman Thomas for many years.

Why You Quit ---

Membership

Continued from Page 2-

"ee

can prove hazardous to others on

the road. Thank the cities and

their officers for their care of the

public-Liberty is not license."

And another:

"T regret to say that I have

cancelled payment on my check

for membership in the ACLU. In

many of your actions I have the

utmost confidence and respect

(i.e.. the Lassen County case).

However, I want to understand

more fully your actions in regard

to the student riots against the

UnAmerican Activities Commit-

tee, riots which the FBI identi-

fied as Communist activated and

financed, I realize that you did

not support the students after the

riots, but I would like to study

the situation more fully."

As this person herself states,

ACLU has taken no action on tihs

issue to date.

These are just a few, typical of

this year's issues of conflict and

conscience. But the tenor of the

letters is generally the same...

last. year, this year, and next

year. SP.

The first right of a citizen

Is the right

To be responsible.

AMERICAN CIV!

iE

OF NORTHERN

a.

LI

munist membership should be

wholly cut off from any benefits

of the fund to which he had con-

tributed under the law.

The majority held that Con-

gress had not set up an arbitrary

classification in withholding ben-

efits from those deported for past

membership in the Communist

party. It also swept aside other

objections.

Black Dissents (c)

Mr. Justice Black, in dissent-

`ing, declared that the .Govern-

ment's action `takes Nestor's in-

surance without just compensa-

`tion and in violation of the Due

Process Clause of the Fifth

Amendment. Moreover, it impos-

es an ex post facto. law and bill

of attainder by stamping him,

without a court trial, as unworthy

to receive that for which he has

paid and which the Government

promised to pay him. The fact

that the Court is sustaining this

action indicates the extent to

which people are willing to go

these days to overlook violations

of the Constitution perpetrated

against anyone who has ever in-

nocently belonged to the Commu-

nist Party."

Douglas Also Dissents

In a separate dissent, Mr. Jus-

tice Douglas commented as fol-

lows: "Congress concededly

might amend the program to meet

new conditions. But may it take

away Social Security benefits

from one person or from a group

of persons for vindictive reasons?

Could Congress on deporting an

alien fer having been a Commu-

nist confiscate his home, appro-

priate his savings account, and

thus send him out of the country

penniless? I think not. Any such

Act would be a bill of attainder.

The difference, as I see it, be-

tween that case and this one is

one merely of degree. Social Se-

_ curity benefits, made up in part

of this alien's own earnings, are

taken from him because he once pu

was a Communist."

HUAC to Begin

Red Hunt Among

Radio Operators

The House Un-American Activ-.

ities Committee announced it has

found a new hunting ground,

It will soon begin hearings on

a bill to prohibit granting a radio

operator's license to a person who

refuses to answer questions about

Communist activities.

ACLU is now handling a case

for two Bay Area radio engineers

who were denied licenses because

they refused to answer special

loyalty questionnaires. This Fed-

eral Communications Commission

decision will be appealed in Wash-

ington, D. C., soon. It will be

handled there by Lawrence Spei-

ser, former staff counsel and now

ACLU director in Washington.

Cc

Patron Membership Oe

Sustaining Membership

eceee

toes co oa oO.

Business and Professional Membership .............. 25

Family Membership ..... Se ae Soc le

- Associate Membersnip 6). oe 10

Annual Membership ..:.. 0.0.5.5. 6 sat se Sie 6

Junior Membership lander 21). ees ae 2

ACLU News Subscription .........5.... oo ee. een 0

NAME oe -. ee

ADDRESS 600 ee a cana. Mies elee

TELEPHONE NUMBER.............- 4. AMT. ENCLOSED... -... ae

503 Market Street

San Francisco, 5

AMERICAN CIVIL LIBERTIES UNION Alien Must

OF NORTHERN CALIFORNIA

EX LIBRIS

DANIEL L

BOYD

MEMORIAL

LAW LIBRARY

- Designed by Paul Q. Forster, 17 Palm Avenue, this bookplate will designate

all books in the Daniel L. Boyd Memorial Law Library. Mr.. Forster is of the

California School of Fine Arts. This law library for ACLU was started by the

Boyd family as a tribute to the memory of Mr. Boyd, sculptor, city planner and

_liberal. He was killed in @ tragic*accident several years ago.

Let's Moke Whoopee

a

"HUAC ROAD SHOW GIVES.

POOR SHOW FOR MONEY

That one-of-a-kind traveling

troupe of theatrical performers,

the House Committee on Un-

American Activities, is beginning

to try the patience of its angels,

the taxpayers, at a very soft spot

... the pocketbook.

_One recently published opinion

is that the committee could at

least come up with some new ma-

terial for their flagrant misuse of

funds. ;

In a series of copyrighted sto-

ries by Don Oberdorfer and Wal-

ter Pincus, the Knight News-

papers charged the committee.

with presenting the same star wit-

ness in the same act at each stop

from 1956 to 1959. And at each

stopover, committee members ran

up rather high- living expense ac-

counts.

The stories claimed Rep. Mor-

gan Moulder (D., Mo.) spent $103

a day for five days at the Statler

Hilton in Los Angeles; $90.38 for

a New York nightclub bill; and

from $40 to $95 a day for other

out-of-town bills. :

Moulder, a generous sort,

signed a $175 restaurant tab for

one day in Los Angeles, accord-

ing to the articles. Enjoying the |

victuals were people involved in

the committee hearings, `friendly -

?

people," as the Congressman de-

scribed them. "You might call

them. fans of the committee," he

said.

One witness, Irving Fishman,

deputy collector of customs at

_ the Port of New York, reported

that he was paid $9 a day, plus

expenses, for 10 repeat perform-

ances at hearings.

Fishman is a censor. He inter-

cepts mail from abroad which the

government believes is porno-

graphic or propaganda. His act

before the committee consisted

of breaking seals on mail bags

from overseas and producing pub- -

tications which he said contained

propaganda. -

These bills; approved by HUAC

Chairman Francis Walter, come

from the $327,000 budget passed

last year.

Commenting editorially on the

expose, the Fresno BEE claimed

the budget is too high by $326,-

999.99. It would be money well

spent, the newspaper said, if the

committee were contributing to-

the strength and security of the

nation, but it "has degenerated

into a headline hunting, sensa-

tion seeking group with little or

no respect for individual rights."

Another group recently cried

foul at the committee's actions.

At its biennial convention, the

Amalgamated Clothing Workers'

Union, AFL-CIO, passed a reso-

lution to abolish HUAC. The res-

olution stated that an aroused

public opinion and codes of fair

procedure have limited: some-

what the "guilt by investigation"

practiced by the committee,

. "Nevertheless, the House Un-

American Activities Committee,

in complete disregard of basic

due process, continues to prac-

tice trial by publicity."

Back home in California, the

state convention of AFL-CIO de-

manded the Committee be "sum-

marily dismissed." Specifically,

the resolution condemned the er-

ratic investigation of so-called

subversive teachers in the Bay

Area, t

Prove He Is Not

`A Communist

In a 5 to 4 decision, the U.S.

Supreme Court recently upheld

denial of suspension of deporta-

tion to Diamond Kimm, of Los

Angeles, who invoked the Fifth

Amendment in refusing to tell

the Immigration Service whether

he had ever been a Communist.

The majority held that in order

to be eligible for suspension of

deportation, he had to prove that

he was not a Communist.

If the Government had sought

to deport Kimm as a Communist

it would have had the burden of

proof. It was able to reach the

same result by requiring Kimm

to prove that he was not a Com-

munist in order to secure discre-

tionary relief.

In a dissent written by. Mr.

Justice Douglas the minority de-

clared: "`We therefore today make

a marked departure from prece-

dent when we attach a penalty

for reliance on the Fifth Amend-

ment. The Court in terms does

not, and cannot, rest its decision

on the ground that by invoking

the Fifth Amendment the peti-

tioner gave evidence of bad moral

character. Yet the effect of its

decision is precisely the same. In

so holding we disregard history

and, in the manner of the des-

pised oath ex officio, attribute

wrongdoing to the refusal to an-

swer. It seems to me indefensible

for courts which act under the

Constitution to draw an inference

of bad moral character from the

invocation of a privilege which

was deemed so important to this

free society that it was embedded

in the Bill of Rights."

SCLU "Answers Back'

To Hoover Report

The Students Civil Liberties

Union has announced that a book-.

let replying to the Hoover Report

on the city hall riots has been

written and gone to press. The

National Students Association has

agreed to distribute the booklet.

The Berkeley campus group

also has purchased a copy of the

HUAC film on the riots. This

film was recently shown at a pub-

lic meeting in the First Baptist

Church in San Francisco. SCLU

plans to accompany film showings

with a panel discussion, pointing

out the fallacies and inaccuracies

of the HUAC movie.

Civil Liberties

Course Offered

A course on "Civil and Politi-

eal Rights in the United States"

will be presented through Uni-

versity of California Extension

this fall by Ephraim Margolin.

Margolin is staff counsel and

West Coast director of the Com-

mission on Law and Social Ac-

tion, American Jewish Congress.

The two credit, upper division

course will meet once a week in

Berkeley. The first class will be

held at 7 p.m. Sept. 21. Interested

persons should contact the regis-

trar. .

Why You Join---

Membership Analysis

`Continued from Page 2-

"E didn't know you could join;

I thought it was an organization

of lawyers.

et had wanted to join . .. but

didn't. know how to go about at?

Controversy Brings Action

Then there is a second: group

of recent joiners, moved to act

by one of the controversial pub-

lic issues involving ACLU. It

seems a very sane and reasonable

' way to redeem one's helplessness

and give efficacious expression to

one's anger by joining ACLU and

taking a stand in a world where

one must live with "government

infringements on individual liber-

ties," where one is distressed by

"srowth of self-appointed pres:

sure groups for censorship of

mail, press, books, etc.... police

harassment of bars, pedestrians,"

where one wants "freedom to

criticize the status quo," "... free-

dom to voice heresies."

And "as a result of the HUAC

hearings in SF."

`...the stupid resolutions

passed by the American Legion

during their recent convention."

"The Jack Owens case."

"The initial treatment accorded

Jack Schratter...".

This second group must be con-

sidered spontaneous joiners, and

since ACLU has no control over

the emergence of public contro-

versies that prompt their joining

it cannot predictably cast a net

for them in a membership cam-

paign. Controversies can also

eause cancellations (witness the

Rockwell case).

And so it must be concluded

that the growth of ACLU de-

pends largely on the members

themselves: their willingness to

refer members, their persuasive

education of friends. Fortunate-

ly, it is an articulate group!-

- Gail Chugg,

Church and State Issue

sunday Closing

Test Cases

g hCourt

Far-reaching decisions that may determine the future of

traditional Sunday "blue laws" across the nation are expected

from test cases now pending in courts.

During its next term, the U.S. Supreme Court will hear

suits appealed from three states-Maryland, Massachusetts,

and Pennsylvania. Two addition-

al challenges to "blue laws" are

climbing the appeal route in New

Jersey courts, while still two

others have started on the same

path in Pennsylvania.

Massachusetts Case

In the Massachusetts case,

brought by the Crown Kosher

supermarket of Springfield, a

special three-man Federal Dis-

trict Court ruling held by 2-1 that

the state's Lord's Day Act of

1653 was unconstitutional. In ef-

fect, said the majority, it violated

the Constitution's prohibition on

establishment of religion by fa-

voring one over another. In addi-

tion, the act was held to violate

the equal protection clause of the

14th Amendment through some

70 amendments exempting cer-

tain items.

Penn. Case

Seven months after that deci-

sion was announced, a_ three-

judge Federal District Court in

Philadelphia upheld the consti-

tutionality of Pennsylvania's

"blue law" in a case brought by

a highway discount firm, Two

Guys From Harrison-Allentown,

Inc. The Maryland case also in-

volves a store of the same com-

pany, located in Glen Burnie,

Md. In both suits the merchants

claimed that since some stores

were permitted to sell merchan-

dise on Sunday, they suffered dis-

crimination. In reply, the state

`argued that it could properly

prescribe one day of rest each

week for every citizen and that

as a-matter of convenience it

could choose one day favored by

a majority-Sunday.

ACLU Position

Along with the appellants, the

American Civil Liberties Union

disagreed. In a friend of the court

brief filed with the U.S. Supreme

Court in support of the Pennsyl-

vania case, the Union argued:_

. although the police power

does enable a legislature to re-

quire each person to desist from

work for at least one day per

week and... each business re-

frain from selling merchandise -

for at least one day per week, the

police power does not permit the

legislature to designate a par-

ticular day of the week. In other

`words, a state may limit the free-

dom of an individual to contract

to sell and to sell his labor for

seven days a week [to protect the

public's health and welfare} but

it may not deprive the individual

of his right himself to choose the

day on which he will refrain from

labor. . . . The fact that the re-

quirement of one day of rest in

seven with the individual choos-

ing the day would cause incon-

venience in enforcement is not

sufficient reason to take the right

_ of choice of day of rest from the

individual. .: ."

Pa. Law Held Invalid

Both religious and equal pro-

tection issues were considered by

Common Pleas Judge Raymond

Pace Alexander recently in a suit

brought by Pennsylvania against

' the manager and a clerk of a Bar-

" gain City store in Philadelphia.

because of the sale of a woman's

slip on Sunday. The jurist held

the law invalid both for failing

to provide equal treatment con-

cerning the sale of merchandise

and for violating the First

Amendment restrictions on mat-

_ters of religion.

"TI can discern no real or sub-

stantial relation between this leg-

islation and any object constitu-

tionally within the power of the |

Legislature to achieve in the

realm of civic or economic legis-

lation,' Judge Alexander wrote.

"The law prohibits the sale on

one day of the week of commodi-

ties in general use, the sale of

which has never been generally

prohibited and indeed could not

be, because in most instances

they are necessities of life, viz:

clothing, furniture and the like."

Moreover, he pointed out, the

law prohibits the sale of certain

commodities but not others that

are similar and "there is no in-

telligible logical principle by

which one may determine what

is excluded and what is included."

Religious Purpose

In addition, Judge Alexander

found the purpose of the Pennsyl-

vania Sunday Law to be "basical-

ly religious" and therefore void

"because it prefers certain Chris-

tian religions over all others and

contributes to their establish-

ment. It is not a civil law, within

the power of the Legislature to

enact, which happens to call for

conduct conflicting with some re-

ligious belief, but rather a reli-

gious mandate, beyond the power

of the Legislature ab __ initio,

whether or not it conflicts with

anyone's religious views,' 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_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch 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_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 he con-

cluded.

Court Upholds

Ist Amendment |

Convictions

Another attempt to use the

First Amendment as a bulwark

against the freedom flouting

House Un-American Activities

Committee met with mostly fail-

ure, some success, in a recent

Washington, D. C., court decision.

The U. S. Circuit Court of Ap-

peals: upheld contempt of Con-

gress convictions of six men who

stood on the First Amendment in

_ refusing to answer questions of

Congressional Red hunters.

The Court reversed similar con-

victions of two women who also

claimed questions put to them by

the House Un-American Activi-

ties Committee impinged their

right to free speech. In the de-

cision, the Court ruled the Com-

mittee had failed to establish

-what was being investigated, and

_ likewise had not made it clear to

the women, Mrs. Mary Knowles,

librarian in a Pennsylvania

Quaker-operated library, and Mrs.

Goldie E, Watson, Philadelphia

teacher.

The Senate Committee had de-

`manded that Mrs. Knowles tell

-them if she knew Herbert Phil-

brick, who had identified her as a

Communist. During the investi-

gation, Mrs, Knowles' employer,

the Quaker library, refused to

fire her in spite of community

pressure. In fact, the library

gave her a salary raise after she

' was sentenced to four months in

jail and fined $500 by the lower

court. Later the Fund for the Re-

public awarded the Quakers

$5,000 for the courageous stand.

In affirming conviction of one

of the men, one judge proclaimed

the dominant purpose of HUAC

was legislative, not exposure, as

one witness claimed. Another

judge stated the "proper balance

between individual rights and the

broad public interest" had to be

resolved in favor of the latter.

"ACLU NEWS

September, 1960

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