vol. 25, no. 11

oR

ae

American

Civil Liberties

Union

Volume XXV

Union Picketing Case

Suit Cl

ts

ster of

d orker

San Francisco, California, November, 1960

A suit was filed in the Federal District Court of the Dis-

trict of Columbia on October 3

to secure the reinstatement of

Conrad C. Eustace to his position as a San Francisco postal

"distribution clerk."? Defendants in the suit are the Postmas-

ter General and the members of the U.S. Civil Service Com-

mission.

Peaceful Picketing by Union

Eustace, president of Local 1136

of the United Postal Workers Un-

ion, was removed from his job on

March 19, 1958, because he had

led members of his union in

peaceful informational picketing

in front of the San Francisco Post

Office on- Nov. 27, 1957, and dis-

tributed handbills protesting the

working conditions of postal em-

ployees. The pickets carried pla-

ecards calling the Post Office a

sweat shop and stating they were

not striking but protesting poor

working conditions. Their hand-

bills and press release outlined

their grievances. This activity,

which occurred on a public street _

in front of the main post office,

occurred during non-working

hours and had been authorized by

a resolution adopted at a member-

ship meeting of the union.

Two General Charges Upheld

In consequence of such picket-

ing, on February 13, 1958, dis-

_missal charges were filed against

both Eustace and Thomas J. Mon-

roe, secretary-treasurer of the un-

ion, lising nine charges, and they

were dismissed a month later. On

an appeal, all nine charges were

upheld against Eustace by the Re-

gional Director of the Civil Serv-

ice Commission. On a further ap-

peal, the Commission sustained

only two-of the charges. These

charges alleged that the employ-

ee's conduct was unbecoming a_

postal employee and tended to

bring the Post Office Department .

into disrepute.

"Right to Reply Personally

The suit contends that Eustace

was denied the right under Sec-

tion 14 of the Veterans' Prefer-

ence Act to reply personally to

the charges. Inspector Uttley,

who met with Eustace, refused

to answer any questions or discuss

the merits or substance of the

charges and the removal proceed-

ing against him. This, the ACLU

argues, defeats the purpose of a

personal reply.

Reprisal Action

The suit also contends that the

dismissal action

and capricious and in the nature

of a reprisal for his having en-

gaged in picketing and _ distribu-

tion of handbills with other mem-

bers of the Postal Workers Union

THE THREE program participants at the ACLU's

~ called the Regents'

"was arbitrary: -

protesting working eohditions of

postal employees;" that the dis-

missal violated the Postal Man-

ual, the Rules and Regulations of

the Post Office Department and

the Civil Service Commission, and

of the First and Fifth Amend-

ments to the United.States Con-

stitution.

Volunteer ACLU Counsel

In the course of the administra-

tive proceedings Eustace was rep-

resented by Ernest Besig, ACLU

Director.

Sidney Dickstein of the firm of

Dickstein and Shapiro, ACLU vol-

unteer attorneys.

Invasion |

Of Academic

Freedom Fought

The Academic Senate of the

University of California - last

month adopted a resolution which

complained that in apologizing to

the FBI over a univessity- exami

nation question the Regents were

intruding into an area reserved

for the faculty. The resolution

"prima facie contravention of a

standing order" of the Regents

providing that the Senate shall

authorize `and supervise all cours-

es of instruction. The resolution

declared that such interference

was viewed "with concern."

The question appeared on a

May, 1959, English "A" aptitude

test for entering freshmen and

called for a 500- motd essay an-

swer. It read:

"What are the dangers to a

democracy of a national police

organization, like the FBI, which

operates secretly and is unrespon-

sive to public criticism?"

The question was denounced by

Dr, John R, Lechner, American

Legion District Americanism

chairman in Los Angeles and ex-

ecutive director of the American-

ism Educational League, as "a

deliberate and vicious Communist

propoganda scheme" to implant .

the Communist Party line.

The Senate resolution was co-

sponsored by David Krech, pro-

fessor of psychology, and George

R; Stewart, English Pier and

author,

Robert B. McKay, Rabbi Alvin 1. Fine and Ernest Besig.

The suit was filed by .

action a

26th anivereny, meeting, Reading from left to right: Pr

Number 11

Marshall Krause

Appointed ACLU.

Staff Counsel

The ACLU has announced the

appointment of Marshall W.

Krause, 27, of San Francisco, to

succeed Albert M. Bendich as its

Staff Counsel. The appointment

is effective on November 1.

Boalt Hall Graduate

Krause graduated from Santa

Monica High School and received

his B.A. from the University of

California where his major was

_ political science. He received his

LL.B. degree from Boalt Hall

at the University of. California.

(Berkeley) in 1957. During his

law school days he was an as-

sociate editor of the California

Law Review,

Work Experience

Krause was admitted to the

California and local Federal bars

in 1957, From 1957-1958 he served

as law clerk for Judge William

Denman. of the United States

Court of Appeals for the Ninth

Circuit, Since that time he has

been an attorney for the Cali-

fornia Judicial Council where he

in legislative:

has participated

drafting and research projects.

For the past two years he has also

been an instructor at the San

Francisco Law School (night

classes) where he has taught. con-

tracts and civil procedure and

trial practice,

Krause is married and the

father of a 2% year old child.

The Third Staff Counsel

Krause is the third staff counsel

employed by the ACLU of North-

ern California. Lawrence Speiser,

now ACLU director in Washing-

ton, D. C., was the first occupant

ot the position. He held the job

from October, 1952 to August 1,

1957, On the latter date, Albert

M. Bendich took over and served

until the middle of last month.

Wolstenholme

Review Denied

By High Court

The final chapter was written

in the Rebecca Wolstenholime loy-

alty oath case when the U.S. Su-

preme Court last month refused

to review the State Supreme

Court's 4-3 decision.

Mrs. Wolstenholme is a former

senior librarian in Oakland who

suffered a loyalty dismissal un- -

der the Luckel Act, although she

answered all questions required

by law and had signed `two loyal-

ty oaths. -In fact, the District

Court of Appeal had_ sustained

her contention that she did not

have to answer questions that

went beyond the requirements of

the Luckel Act, but the California

Supreme Court reversed the de-

cision on the ground that she had

delayed `too long in filing suit, al-

though the city was not prejudiced

by her inaction.

_ Twenty-sixth Anni Eee,

Smart ACLU members are planning ahead and ordering

tickets NOW for the 26th anniversary meeting of the ACLU

of Northern-California, at 8 p.m., Saturday, November 12, in

the El Dorado Room of the Jack Tar Hotel, at Post Street and

Van Ness Avenue, San Francisco. Three weeks before the

In This iscie a

Budget Drive Seeks

~ $51,349.87 for

Fiscal Year 6. 2... 3. p.3

Four Teachers' Credentials

Cases Pending ........ p.4

Let State Deal with Obscenity p. 2

`Operation Abolition'

HUAC Propaganda .... p. 2

Public Service Only for

Those Who Conform ... p. 3

Regulation Amended by

Pres. Kerr. 2 @. d,s. p. 3

Smut Books No Cause

for `Panic 62 2. ta. : p. 2

Test Religious Practices

in Miami Schools ...... P. 4

ACLU Plans To

Hold Conference

About HUAC

The Board of Directors of the

ACLU of Nothern California

agreed last month to become the

sole sponsors of a conference

concerned with the House Com-

mittee on Un-American Activities.

Thereafter, a planning com-

mittee met and decided that the

conference should' be held "as

soon as can be successfully plan-

ned-in order to de a first class

job." `The Committee also adopted

a resolution that "the conference

be oriented specifically toward

HUAC with attention paid to the

broader intellectual issues con- '

cerned with Congressional in-

vestigating committees and civil

liberties."

Convicti

meeting 150 tickets had already

been sold. An attendance of 500

persons is expected.

Professor Robert B. McKay will .

address the meeting on "Speaking

Up For Silence." He is a visiting

professor of constitutional law. at

the University of California, Mem-

per of the New York University

. Law School faculty, he serves on

the due process committee of the

American Civil Liberties Union.

~ Rabbi Fine Will Preside |

Rabbi Alvin I. Fine, chairman

of the ACLU Board of Directors,

will preside at the annual meet-

ing; Executive Director Ernest

Besig will present the "State of

the Union" report.

Following the program, refresh-

ments will be served at a social

hour. All this comes for the price

of $1. Please send in your reser-

vations immediately to facilitate

planning, and include a stamped,

self-addressed envelope. Bring

your friends; it is an excellent op-

portunity to introduce them to

ACLU.

Hostesses

Serving as hostesses at the

meeting will be the Mmes. Leon

Ginsberg, San Anselmo; Charles

Chase, Walnut Creek; Walter

Bowman, San Jose; Robert Lau-

ter, San Francisco; John Fowle,

`Los Altos; and Julian Polon, San

Carlos. :

Mrs, Alec Skolnick is chairman

of the Education Committee,"

which has arranged the meeting.

Assisting her on the committee

are: Mrs. Paul Holmer, Stephen

Thiermann, Rev. Harry B. Schole- |

field, Richard De Lancie, William

K, Coblentz, Zora Cheever Gross,

Mrs. Robert Lauter, Mrs. Martin

Steiner, Peter Szego; Gordon Rob-

inson and Earl Cheit,

on Reversed

Because Fair Trial

enied

The conviction of Charles Cooper Pierce, 21, on a charge

of being drunk in a public place was rever sed by the Ap-

pellate Department of the Superior Court of San Francisco

on September 23. The court ruled that the defendant had not

received a fair trial last April 1 because he had been denied

an opportunity to present wit-

nesses in his own behalf who

would have testified as to his so-

briety. The case was remanded to

the Municipal Court for a new

trial.

Guilt Decided on Blood Test

The trial judge, Clayton Horn,

would not allow the defendant

to present his witnesses because

he ruled the report of a drunk

test by Pierce's own physician

showed conclusively that he was

drunk. The test indicated that

the alcoholic content of the de-

fendant's blood two hours after

his arrest was .10.

Other Evidence Excluded

"You burn up one.ounce of

alcohol per hour," said the court,

"so that at the time the officer

saw you the first time you prob-

ably had an alcoholic content of

over .15." Appellant then asked.

"May I say one more thing?" To

which the court replied, `"`This is

enough to convict you, sir. This

report is enough to convict you

of the charge. It's your evidence.

Let it be filed. ; . . your other

witnesses wouldn't help you any

because you have expert testi-

mony that shows an alcoholic con.

tent in your blood at a time

when,-moving retroactively, you

must have had a greater alcoholic

content in your blood: at the time

the officers arrested you. So

that's as scientific as you can get.

"+. tam sorry." The defendant

was thereupon found guilty as

charged.

On its appeal, the

pointed out that the body burns

up one-third of an ounce of al-

cohol per hour, instead of the

one ounce referred to by the

trial judge and, therefore, at the

time of Pierce's arrest his blood

must have had an alcoholic con-

tent under .15, the point at which

a person is presumed to be

drunk. .

The appellate court held, how- -

ever, that such blood tests are

net conclusive under California

law and that the report was, con-

sequently, only one piece of evi-

dence to be examined by the trial

court.

Main Issue on Appeal

The court said that the main

issue on the appeal was the re-

fusal of the trial judge to hear

the defendant's witnesses. They

ruled that when a judge is the

`the trier of the facts, he may not

make a decision until all of the

evidence. has been introduced.

"It is clear from the record it

the instant case," said the court,

"that the evidence which the ap-

pellant sought to introduce bore

on his sobriety or lack thereof."

The unanimous opinion was writ-

ten by the late Judge Orla St. Clair

and concurred in by Presiding ~

Judge Preston Devine and Judge

C. Harold Caulfield.

Pierce was represented on the

appeal by Albert M. Bendich,

former ACLU Staff Counsel.

ACLU.

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 ... Editer

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 |. Fine

VICE-CHAIRMEN: Dr. Alexander Meiklejohn, Helen Salz

SECRETARY-TREASURER: John W. Fowle :

HONORARY TREASURER: Joseph M. Thompson

HONORARY MEMBER: Sara Bard Field

EXECUTIVE DIRECTOR: Ernest Besig

Philip Adams

Theodore Baer. -

Prof: Arthur K. Bierman

William K. Coblentz

Richard De-Lancie

John J.Eagan

Samuel B: Eubanks -

Howard-Friedman

Rev: Oscar F. Green

Zora Cheever Gross

Robert H. Hardgrove

Mrs. Paul Holmer

Rev.-F. Danford Lion

Prof. Seaton W. Manning Wayne M. Collins

CAUSE FOR PANIC

THERE HAS BEEN considerable hullabaloo, fire and

brimstone in and about the newsstands lately regarding the

sale of obscene books. Police, armed with warrants signed by

Alameda County District Attorney Frank Coakley, have swept

down on newsstands and confiscated thousands of copies of

two or more questionable books. Furthermore, boycotts have

been declared by a group by the name of League for Decent

Literature. -

Prof. Van D. Kennedy -

Lloyd 'L. Morain'

Prof. Charles Muscatine

William M. Roth

Prof. Nevitt Sanford

Rev. Harry B. Scholefield

Mrs. Alec Skolnick

_Mrs. Martin Steiner

Gregory S.. Stout

Harold Winkler

GENERAL COUNSEL

There seems to be little doubt that the books in question

fall under the general classification of smut. As such, they

should be covered by existing anti-obscenity laws. There is a

prescribed and proper way, as District Attorney Coakley

should know, to enforce these laws. Only one copy of a book,

presented to a jury, is necessary to determine whether or not

it is obscene within the definition. of the law. If-it is so de-

clared, then, and only then, should books be confiscated and

prosecution undertaken. :

WHOLESALE CONFISCATION in advance of such legal

determination is an unwarranted assumption of authority. To

declare boycotts on newsstands, to harass their proprietors,

is an inhibition of the sale of their reading matter.

Hysteria and overstatement, unworthy of the well-mean-

ing people who feel sincerely that they are acting in the pub-

lic interest, has become a feature of the campaign. One

Charles H. Keating Jr., national legal counsel for the Citizens

for' Decent Literature, appeared on the local scene and de-

clared that San Francisco is the most depraved, the filthiest

town in the country so far as obscene literature is concerned.

(He has made the same statement about other cities which he

has visited.) :

San Franciscans should not be panicked or yield to this

mischievous sloganeering. The city and State want to main-

tain decency and not give way to depravity, but in doing so

must not sacrifice civil rights to censorship. This takes cool

judgment and not hysterical emotionalism. The city should

resent the slander on its game, and be proud of having a

Mayor, a District Attorney and a Chief of Police who recog-

nize that we live in a society of law.-Editorial, San Francisco

Chronicle, October 12, 1960.

Let State Deal

`ith Obscenity

Complying with a Supervisor's request, City Attorney Dion

Holm submitted this week the drafts of three ordinances to

tighten the city's anti-obscenity laws. At the same time he

offered some excellent advice to the Beard of Supervisors.

(R)*He said: "The entire vicious traffic in obscene writings

from point of origin to point of sale can be most effectively

dealt with under strong general State laws."

The traffic in hard core pornography-and this should be

the only target of legislation-is not confined to the bounda-

ries of one State. Federal and State laws can root it out in a

way that city ordinances never can.

As Mr. Holm also pointed out, the entire subject will be

debated in the Legislature this winter. If the Legislature

adepts proper measures, new city ordinances will become un-

necessary. If the Legislature fails te do so, that will be the'

proper time for the city to consider additional ordinances.

"Even then the city should never attempt to go beyond the

guidelines laid down by the courts in defining pornography.

To do so would be to tread the dangerous path of censorship.

Nor should the city adopt measures that would encourage

vigilante activities by self-appointed censors, whose standards

of what is objectionable are seldom the standards of the com-

munity itself, or that would make literary censors of police-

men.-LEditorial, San Francisco Examiner, October 21, 1960.

Film Distorts May 13 Incident |

4

. If you haven't heard of a propaganda film called "OQpera-

tion Abolition,' yeu will. This 40-minute film falsely claims

that a few Communists were responsible for the City

Hall imeident of last May 13, that there is a real Communist

threat m this country and, therefore, we need the House

Committee on Un-American Ac-

tivities.

Nation-Wide Showing

The film is being shown

_ throughout the country. In Nor-

thern California it is being shown

in churches, business firms such

as Southern Pacific and Standard

Oil Company (the latter is report-

ed to have a daily showing at

noon in San Francisco), P-TAs

and Parents Clubs, Elk Clubs, ete.

~ In Oakland, the Chief of Police is

reported to be urging organiza-

tions to show the film and police

"protection" is provided. In Orin-

da, on October 24 about 350 per-

sons attended the showing of the

film te the Parents Club, over the

objections of many parents. Nine

police officers were in attendance.

Of course, their services weren't

needed, but their presence helped

to build up fears. :

Anti-Communist Talks

The showing of the film is often

coupled with an anti-Communist

speech. In Orinda, a representa-

tive of the Christian Anti-Com-

munist Crusade, Dr. Joost Sluis,

a San Francisco orthopedic sur-

geon, spoke. At the Berkeley Elks

Club, Gen. William Dean spoke,

and, at another Berkeley meeting,

Craig Bull, a former FBI agent,

was the speaker,

Clemson College

A story in the October 7 issue

of "The Tiger," Clemson College,

South Carolina, student news-

paper, reports that the film was

shown by Dr. Robert C. Edwards,

president of Clemson, "Wednes-

day evening in the college

chapel."

"This film,"- said the story,

"showing uncut scenes of the ac-

tual demonstrations ripped off

the `sweet facade' Communism

presents and showed the `hard

core revealed.' It answered the

`question: Can the same happen

in the United States as has hap-

pened in the University at Ha-

vana and other Latin American

colleges? ... The film was bor-

rowed from General Ives at Fort

Jackson, where over 23,000 mili-

tary men recently viewed it."

The Producer

Where does "Operation Aboli-

tion" come from? The producer

is Washington Video Producers,

Ine., Sheraton-Park Hotel, Wash-

ington 8, D.C. Without authority

from KRON and KPIX they have

used these films for their finan-

cial advantage. Each copy is sold

at $100 and, according to an ex-

pert in the field, each copy costs

no more than $45 to prepare.

Since thousands of copies of the

film are being sold, someone is

making a lot of money.

Films Subpoenaed

But how did the producer se-

cure the films? They must have

been turned over to corporation

representatives by the HUAC be-

cause the committee subpoenaed

films from both KPIX and KRON.

Neither of these stations is will-

ing to release the films except on

subpoena. Incidentally, each film

is about two hours in length.

The sad part of this whole story:

is that "Operation Abolition" is .

inaccurate and an outright distor-

tion. The following exchange oc-

curred on "The Goodwin Knight

Show," KCOP-TY, Los Angeles,

August 9, 1960:

Imaccuracies and Distortions

Burton White (Teaching Asst.,

Univ. of Calif, at Berkeley) com-

mented about the distortions in

the film. -

William A, Wheeler (Special

Investigator for the HCUA, who

subpoenaed the films) answered:

ACLU NEWS

November, 1960

Page 2

"What are you trying to prove

by this?" nee

Mr. White: "That the film has

inaccuracies and distortions."

Mr. Wheeler: "I've admitted

that."

Mr. White: "You've admitted

that?"

Mr. Wheeler: "Certainly."

Critique By SCLU

The Student Civil Liberties Un-

ion at the University of Califor-

nia has prepared a critique of the

film and its representatives are

prepared to discuss the-real na-

ture of "Operation Abolition."

President of the group is Richard

Chesney, 2366 Virginia St., Berke-

ley 9, TH 3-6911. Mr. Chesney is

a graduate student.

Propose Three

Anti-Obsenity

Lows in S.F.

The Police Committee of the

Board of Supervisors of San Fran-

cisco on October 25 took under

submission three proposed or-

dinances aimed at obscene books,

pamphlets, ete.

First Proposal

The first proposal, relying on

the recent U. S. Supreme Court

definition of obscenity, would

make it unlawful for any person

knowingly to have in his posses-

sion any matter "In any school . ..

public park~or playground" or in.

any public place "within 360

yards" of any such school, public

park or playground. The prohibi-

tion also extends to any place of

business "where ice cream, soft

drinks, candy, food, school sup-

plies, magazines, books, pamph-

lets, papers, pictures or postcards

are sold or kept for sale;" in "any

toilet or restroom open to the

public;" in any "poolroom or bil-

liard parlor, or in any place

where alcoholic liquor is sold or

offered for sale te the public;"

and in "any place where phono-

sraph records, photographs,

motion pictures, ete. are made,

used, maintained, sold or ex-

hibited."

Second Prepesal

The second proposal would

make possession of obscene writ-

ing and other articles a public

nuisance and allow an abatement -

proceeding `to be brought.

The third proposal would for-

bid distributors from engaging in

so-ealled tie-in sales under which

a dealer is compelled to take

material he doesn't want.

In presenting the -proposals,

the City Atterney`s office noted

that the problem was one that

called for State-wide action rather

than community action.

Grand Jury Action

In the meantime, the Alameda

County Grand Jury returned in-

dictments against seven persons,

charging them with conspiring to

violate the State's obscenity law.

District Attorney J. Frank Coak-

ley, in a television program, de-

clared that the distribution of ob-

scenity is part of a Communist

technique to corrupt by narcotics

and sex litereture,

"Citizens" Meet

_ On October 5, Charles Keating

Jr., Cincinnati attorney and na-

tional counsel for Citizens for

Decent Literature spoke to a pub-

lic meeting of the San Francisco

affiliate of the group in the

Nourse Auditorium presided over

by Mrs. Mollie Minudri. There

were only 70-80 persons present

in the very large auditorium.

Keating came out against admin-

istrative censorship but said that

boycotts were a matter for local

determination,

U. of Maryland

Exempts COs

From ROTC

The University of Maryland re-

eently reversed its long-standing

and steadfast policy of requiring

all students, including eonscien-

tions objectors, to participate in

a compulsory Air Force ROTC

program. Several alternative

paths to exemption are provided

under the University's new reg-

ulations for conscientious ob-

jector students who refuse. to

participate in the preparatory

military training.

Suit Failed

Until recently the university

categorically refused te exempt

conscientious objectors from the

AFROTC, In 1956 student Barry

Carr was suspended from the uni-

versity for refusal to continue

military training, despite the

ruling by the school's president

that participation in the program

did not violate Carr's religious

freedom in that it did not com-

mit him to military service. Three

years ago students Kenneth

Hanaur and Jack Crabill, both des-

ignated as conscientious object-

ors by their draft boards and who

served two years of civilian draft

duty brought suit against the

university to compel their exemp-

tion from the program, Maryland

courts upheld the university's

policy and the U. S. Supreme

Court refused to review the case.

Qualifications fer Exemption

Conscientious

objectors may

now qualify for exemption on one -

of the following grounds: minors

must have the signatures of their

parents, giving permission for

exemption; students who are 24

years of age or physically handi-

capped or who have transferred

to the school with at least junior

standings may be excused from

the program. All students granted

exemption, however, must take

an equivalent number of credit

hours in advanced ceurses in

history, government and politics

or English,

Univ. of Calif, Out of Step

Student and faculty pressure

for optional ROTC programs as

opposed to compulsory training

has increased in many wniversi-

ties. Last fall the University of

Illinois exempted C. 0.'s leaving

the University ef Califernia as the

only institution which denies C,

0's exemptions, Massachusetts

Institute of Technology dropped.

compulsory ROTC a few years

ago, and Utah State University

moved to voluntary ROTC in 1957.

- Rutgers also changed over to a

voluntary system last May, and

the University of Wisconsin voted

to institute a similar arrangement

on a two-year trial basis begin-

ning this fall. Agitation to end

compulsory ROTC has also oc-

curred at Cornell, Drake, Lehigh,

University of Hawaii, Arizona

State at Tempe, Michigan State

and University of California,

Biennial Report

Will Be Mailed

In November

The Biennial Report of the AC-

LU of Northern California is now

being printed and will be mailed

to members within the next few

weeks.

The 31-page report is dedicated

to the memory of the late Bishop

Edward Lambe Parsens, who died

July 18. Bishop Parsons, retired

Episcopal Bishop of California,

chaired the Board of Directers

from January 1, 1941, to October

31,.1956. He died at the age of

92. Professor Alexander Meikle-

john and Mrs. Helen Salz, longest

serving board members, wrote the

dedication.

The report covers ACLU's ac-

tivities from June, 1958, to June,

1960, reviewing most of the legal

cases handled during that period,

and presenting a brief descrip

tion of organization, chapter ac-

tivities, and finances.

Paul Nyeland, partner in the

commercial art firm, Shawl, Nye-

land and Seavey, acted as art con-

sultant for the report.

me

= Ss

a

Cero Intern Disqualified

=

lic Servic

nior

Last month, Jane O'Grady, 23, of 2536 Chiiton Way,

Berkeley, lost her $2250 internship with San Francisce's Coro

Foundation, because she "became part of a controversy." Miss

O'Grady, a graduate student in sociology at the University of

California, was one of the 64 persens arrested during the May

13 demonstrations outside the.

hearing room of the House' Com-

mittee on ae Activi-

ties.

W. Donald Fletcher, president

of the Coro Foundation, a pri-

vately -financed organization es-

tablished in 1947, which annually

supports the study of business,

unions and government agencies

by 24 students selected in San

Francisco and Los Angeles, com-

plained that they had been unable

to place Miss O'Grady in a public

agency because of her involve-

ment in the City Hall incident.

He saed that the foundation can-

_ not function without the full co-

operation and trust of the agen-

cies with which it works.

_ ACLU Statement

The ACLU issued the following

public statement about the case:

"We are shocked to learn that

Jane O'Grady is ineligible for pub-

lic service because she `became a -

part of a controversy.' We be-

lieve not only that she has been

treated most -cruelly,

such ineligibility is inconsistent

with the freedoms guaranteed by

our Federal and State Constitu-

tions.

"The disqualification cannot

help but serve as a warning to

students who wish to engage in

public service to keep their

mouths shut and not concern

themselves with controversial

matters, for only those are held

fit for public service who do not

question the existing order of

things and who are completely

orthodox,

Limiting Free Speech

"That is not only a good way

for government to stagnate but

it has the effect of limiting free-

dom of speech. Our Constitution

does not penalize freedom of

but that.

speech and controversy or debate; (c)

it guarantees them to every citi-

zen. In fact, we cannot resolve

public issues and secure peaceful

change without such controversy

or debate. What we need is more

and debate, not less."

Coro Award Rejected

Subsequently, the San Fran-

cisco Labor Council voted unani-

mously to reject a public affairs

award bestowed on it by the Coro

Foundation `as unwanted."

Council objected to the treatment

given Miss O'Grady by the Foun-

dation. George Johns, secretary

of the Council, said he had been

told by Coro representatives that

"In calling on business and gov-

ernmental offices to arrange this

student's internship they first in-

formed such offices" that Miss

O'Grady had been involved in the

May 13 demonstration. Conse-

quently, they had been unable to

arrange -an internship program

for Miss O'Grady and she was

therefore dropped.

Not Subversive

Johns said he asked the Coro

representatives if there were any

indications Miss

been involved in any subversive

activity. "The answer was no,"

Johns said. "She had simply.been

drepped because she became part

of a controversy."

Warehouse Union Local 6 of

. the ILWU also turned down a

Coro award and advised the Foun-

dation it would examine its future

relations with it.

Reaction From U. C,

There were also reports of dis-

Satisfaction with Coro on the Uni-

The.

O'Grady had -

versity of California campus. The

ACLU is informed that U. C. pro-

fessors will no longer recommend

students to the Foundation. The

Graduate Sociology Club at UC

commented "It is impossible te

train truly respensible citizens

and leaders of the community by

steering clear of all controversy."

The Student Civil Liberties Un-

ion declared "Coro's policy is to

train public servants, yet its pol-

icy demands that all its trainees

be `political vegetables,' i.e., those

who sign nothing, say nothing,

and condition themselves to re-

main forever in a political limbo

while injustices burn about them."

Second Case

Herb Caen reported in the Oc-

tober 21 San Francisco Chronicle

that Carolyn Mullen attending

-San Francisco State College on a

$500 scholarship awarded by the

Kiwanis Club had lest the award

because of her involvement in

the May 13 incident. "If this sort

of thing happened in Russia,"

commented Caen, "Coro and Ki-

wanis would be denounced for

attempted brainwashing. I won-

der what they call it here?"

Damages for

Negroes Denied

An Apartment

A colored man and his wife re-

cently recovered $1000 in* dam-

ages from the owners of a Mer-

ced, California, apartment house _

who had refused to rent an apart- ~

ment to them because of their

race and color. The Superior

Court held that the defendants

had violated not only the Unruh

Act, which forbids all business

establishments from discriminat-

ing because of race and color in

serving the public, but also Sec-

tion 35710 of the Health and

Safety Code, which prohibits ra-

cial discrimination in the sale and

free speech and more controversy _ '@Mt#l of publicly assisted. hous- |

ing. $500 in damages was given

under each provision of the law.

Parties te the Suit

The plaintiffs were Lt. Charles

R. Hudson, temporarily stationed

at Castle Air Force Base, Merced,

and his wife, both Negroes. The

defendants were Mr. and Mrs.

Murry F. Nixon, owners and op--

- eraters of the Nixon Apartments

at 910 East 23rd Street, Merced.

Last January 5 the Nixons re-

fused to rent an apartment to the

Hudsons because of their race

and color. A damage suit result-

ed and the matter was heard and

decided by Superior Court Judge .

R. R. Siseho, sitting syitihout a

jury.

Apartments pices

--Possibly the most noteworthy

aspect of the court's decisien is

its finding that the Nixon Apart-

ments are a business establish-

ment under the terms of: the Un-

ruh Act (See. 52 of the Civil Code

of the State of California).

The court filed a very brief

memorandum opinion in which it

"declared "that the plaintiffs in

this action were unjustly denied

accommodations by the defend-

ants because of the fact that they

were colored people."

This is the first case to come to

the Union's attention awarding

damages under these two laws

which were adopted by the 1959

session of the California ee

ture. `

res. ere

On September 22nd President

Clark Kerr of the `University of

California amended his Regula-

tion on Student Government. by

striking therefrom a provision

that student governments could

not take positions on off-campus

issues "without the express con-

sent of the Chief Campus Officer."

Further Clarification

In a further clarification of the

regulation, Pres. Kerr declared,

in effect, that student govern-

ments could take a position on

off-campus issues if they made it

clear that they were acting as

individuals and not as representa-

tives of either the University or

the student body.

Views of Faculty Committee

E. T. Grether, Chairman of Aca-

demic Senate Committee on Aca-

demic Freedom, declared that the

President's action was in accor-

dance with the recommendation

of his committee. Almost a year

ago the committee declared: "We

agree that it is not appropiate in

a student government with com-

pulsory membership to permit

student governments to speak

either for the University or for

the student body. We assert even

more positively that no student

or student group should or can

in fact speak for the University

or for the whole student body on

any topic."

Committee Criticism

The committee had also de-

clared: "It would be preferable

to forbid the taking of positions

entirely, than to make it contin-

gent upon the consent of the

chief campus officer. Is it likely

that a chief campus officer could

ever have the wisdom te know

that the views which he approves

on off-campus issues fairly re-

flect those of the whole student

body?"

What is an Off-Campus Issue?

Of course, the question still

remains, `What is an off-campus

issue?" Recently, the Executive

Committee of the Associated Stu-

dents of the University of Cali-

fornia sought to adopt a resolu-

tion with respect to Coro Founda-

tion's rejection of Jane O'Grady,

U. C. graduate student, as an

interne: The Administration ruled

that this was an off-campus issue. |

The ACLU, which has previ-

ulation will consider the amended

regulation at the December board

meeting,

Letters to

The Editor...

Wolstenholme Case

Editer: I should like to take

this opportunity to express my

appreciation to the ACLU for

handling my case during the past

six leng years. I am sad only be-

cause we lost on a technicality,

rather than for a principled, con-

stituti@nal reason.

I should like to acknowledge,

particularly, the work done by

Staff Ceunsel, Al Bendich. He

not only did a brilliant legal job,

but pursued the case with warmth

and strong civil libertrian con-

victions.

_I should also like to take this

means of thanking the many mem-

bers of ACLU, who not only con-

tributed financially, but who

called and wrote me from time

to time.

I cannot close this letter with-

out expressing a most grateful

acknowledgment of thanks to Mr.

Langdon W. Post who, at the

height of McCarthyism, was not

afraid to employ me as his secre-

tary. Had it not been for Mr.

Post, I should not have been able

to go on with the case. I never

had to be concerned with news--

I have been'

paper "notoriety."

able to hold my head up high and

fight back, a difficult thing to do

when unemployed. AndI shall be

able to keep on fighting back!-

Rebecca P. Woistenholme,

ously opposed the original reg- .

euro

The Board of Directors of the ACLU of Northern Califor-

nia last month approved the biggest budget in the ACLU's

history, $51,349.87, for the fiseal year beginning Nevember 1.

In order to raise this budget, the office mailed to all ACLU

supporters, except these who contributed during the past

couple of months, letters solicit-

ing their contributions.

New Staff Member

Exactly $4,500 of the $6,902.70

increase in the budget results

from the additien of a half-time

employee to the staff whe will

service chapters and help in the

formation of new ones; promote

Frances Strauss

Employed As

Chapter Dir.

The ACLU last month an-

nounced the appointment as of

Nov. 1 of Mrs. Frances Strauss as

Chapter Director. That title does

not tell the entire story because

not only will Fran Strauss, as

she is called, be expected to serv-

ice existing chapters and help in

the organization of new ones, but:

also to promote conferences and

meetings and generally assist the

executive director. And, all on a

half-time basis.

Office Schedule

The present arrangement calls

for Fran Strauss to be available

in the office from 9 to 3 every

day except Menday. The other

halftime staff member, Mrs. Shir-

ley Poirier, membership and edu-

cation director, is available in the

office all day Monday, and Wed-

nesday,

mornings.

Mrs. Strauss came to 0x00A7 San Fran-

cisco from Chicago with her hus-

band last summer. Her spouse,

Anselm, has the first appointment

as associate professor of sociology

in the Medical Center of the Uni-

versity of California.

`Started With ACLU in 1953

Mrs; Strauss' association with

the ACLU began in 1953 when

she became office secretary and

administrative assistant to the ex-

ecutive director of the Illinois Di-

cent vision in Chicago. Then, in thesum-

mer of 1955 she began a year's visit

in Europe, where her husband

was an exchange professor at the

University of Frankfurt. Upon

her return she was elected to the

ACLU's Beard of Directors and.

served as a volunteer in member-

ship development.

a

Successful in Membership Work

A year ago, Mrs. Strauss was

employed as membership secre-

tary three days a week, and in

less than five months increased

the [llinois Division's' member-

- Ship from 3500 to 4100. Also, in

1959, for two and one-half months

following the resignation of the

division's executive director, Fran

Strauss.served as a full-time em-

ployee, assisting especially in pro-

moting the ACLU's biennial con-

ference.

ie

A Correction

Last month, in announcing the

election of five new board mem-

bers who had not previously

served on the board, the News

omitted the name of Nevitt San-

ford, professor of psychology at

the University of California. In

correcting the error we weuld

also like to mention that he was

one of the original non-signers of

the Regents' leyalty oath of 1950,

which was later declared to be

unconstitutional.

The other new members are

Prof. Arthur K. Bierman, John J.

Eagan, Prof. Charles Muscatine

and Gregory S. Stout,

Thursday and Friday ~

conferences and public sobetines

and generally assist the executive

director.

In addition to the half-time em-

ployee, the office will operate

with a full-time staff of three' per-

sons, including the executive di-

rector, staff counsel and legal sec-

retary. The membership and edu-

cation director is employed on a

halftime basis and a stenogra-

pher works three-fifths of the

time. In other words, the office

will have the equivalent of 43/5

employees in 1961,

Contribute in November

The board hopes that as far as

possible all members will make

their budget contributions during

November. Thus, by concentrat-

ing the ACLU's fund-raising ac-

tivities at the beginning of the

fiscal year, it not only allows

proper financial planning but re-

sults in a minimum of interfer-

ence with the job of defending

civil liberties.

The ACLU receives no cupped

from any foundation, the United

Crusade, financial angels or the

union's national office. Money

that is sent to the ACLU in New

York is not returned here te meet

local needs,

How Much Should Yeu Give?

In other words, all of the money

that is used by the ACLU of Nor-

thern California in meeting its .

operating costs is raised iy, this

branch from its local members

and friends. On the basis of its

present membership, the ACLU

needs an average contribution of

almost $11 to raise the $47,500

hoped for from the membership.

Of course, some members cannot

afford to give more than the min-

imum dues, so many larger gifts

are necessary in order to balance

the smaller contributions.

The board expects to raise the

remaining $4,000 of the budget in

special contributions, memorial

gifts, interest and dividends, sale

of literature and miscellaneous

income.

Co-operation Sought

Last year, exactly 1347 of the

Union's supporters made their

contributions in Nevember, and

every year the November re-

sponse grows larger. So even if

your membership dees not expire

just now, the ACLU hopes you

will be willing | to make your

present and future contributions

in November. Your co-operation

is earnestly solicited.

The Budget

Here is the way your money

will be spent:

Salaries: `

Exee. Director. $10,600.00

Staff Counsel __.......... 1,650 00

Legal Sec'y 0. 4,740.00

Memb. Dir. (124 time) 3,120.00

Chapter Dir, (% tm.) 2,910.00

Stene. (3/5 time) _..... 2,700.60

Extra Help... 1,825:80

Retirenrent 0. 741.30

AGLU News... =... 2,700.00

Printing and Stationery 3,440.60

Rent 3,762.50

Posiage. -- 262060

Vel kPa 1,729.00

Taxes and Ins, 1,169.24

Travel and Transp............. $35.00

Furn, and Equip. 6E6.60

Publiesttexs 108.60

Miscellanesus 46.83

Ran 360.40

Total $51,349.87

ACLU NEWS

November, 1960

Page 3

HUAC quid Pacifism

eachers'

The ACLU of Northern Ciliforniad is ude tently providing

counsel in four cases involving either the refusal-to issue or

the revocation of teaching credentials by the Credentials

Commission of the State Board of Education. Three of the

eases involve political issues while the fourth relates to a

conscientious objector.

In the latter case, John Martin-

son's application for a teaching

credential was denied because he

refused to report for induction

into the Army under the Selec-

tive Service and Training Act. The

facts, however, are rather in-

volved.

Alternative Service Rejected

"Martinson's draft board classi-

fied him 1W (conscientious objec-

tor performing alternative serv-

ice) and he was assigned to a

small Minnesota cooperative hos-

pital as an orderly. In protest

against what he considered the

impropriety of the Government

. recognizing the conscientious ob-

jections of persons who had be-

come objectors through religious

training or belief, like himself,

and denying it to others on

grounds. such as failure to sub-

scribe to belief in a supreme

being, he left his job.

-Reclassified 1A

Martinson expected to be prose-

cuted for failing to preform his

alternative service, but instead

his draft board reclassified him

1A and ordered him to report for

induction. His, refusal to allow

himself to be inducted into the

Army resulted in his conviction.

under the draft act. Incidentally,

Martinson had intended to chal-

lenge the constitutionality of the

draft law, because it placed the gov-

ernment in the position of declar-

ing what was a religious and what

was a philosophical objection.

This he felt violated the principle

of separation of Church and State.

Moral Turpitude |

Under the State Education

Code, conviction of an offense in-

volving moral turpitude is

grounds for refusing a teaching

credential. The Credentials Com-

mission decided that conviction

for draft evasion is a crime involv-

ing moral turpitude. The Com-

"mission has lost on this issue at

least twice-once on the decision

of the Sacramento Superior Court

and the second time on the deci-

sion of a hearing officer who de-

cided that the applicant had be-

come rehabilitated.

One-Sided ioe

Curiously, the Credentials Com-

`mission apparently wrote to the

darft board to ascertain its side of

the story, but no effort was made

by it to get Martinson's side. On

September 13, however, a hearing

was held before an Independent

Hearing Officer at which Martin-

son had an opportunity to pre-

sent his side of the case. Un-

fortunately, the Credentials Com-

mission seems committed to the

belief that conscientious .and

forthright acts raising, or resting

on, constitutional grounds, consti-

tute moral turpitude-a character-

ization of human activity here-

tofore reserved for dishonest,

fraudulent, and opportunistic

rather than principled behavior.

In any case, the hearing officer

will make his recommendation

to the State Board of Education

after final briefs are filed,

The Mack Cases

In two other cases, William and

Rita Mack, husband and wife, who

had been teaching in the Redding

area, are fighting to retain their

teaching credentials. Revocation

proceedings stem from admis-

sions the Macks made on` tele-

vision and to the press when

they were subpoenaed to appear

before the House Committee on

Un-American Activities during its

ACLU NEWS

November, 1960

Page 4

abortive foray into California edu-

cation in 1959, At that time, the

Macks admitted past membership

in the Communist Party (before

they had secured their teaching

credentials) and declared they

had joined the mass exodus from

the party at the time of the

Hungarian revolt. In taking the

Levering Act oath, the Macks both

denied membership during the

preceding five years in a group

advocating the violent overthrow

of the government. The Com-

mission claims the Macks: per-

jured themselves and, therefore,

were guilty of unprofessional

conduct.

informer Testifies

The Commission rests its case

on the testimony of one Karl

Prussion, the Mr. X who was

scheduled to play the part of in-

former -at the cancelled 1959

House Committee on Un-Ameri-

can Activities hearings in San

Francisco and who informed dur-

ing the, HUAC hearings in San

Francisco last May. He claims, to

"have, been a paid FBI informer

within the Communist Party for

several years in the Palo Alto

area.

Are Party's Aims Known to

Members?

According to Prussion, who

admits never having known either

one' of the Macks, every person

who has been a member of the

Communist Party knows its ulti-

mate purpose to be violent over-

throw of the government and

must, therefore, by lying if he

denies knowingly belonging to an

organization which advocates

forcible overthrow. On the other

hand, Professor C. Wilson Record,

eminent authority in the field of

American communism, and author

of the widely praised volume,

"The Negro and the Communist

Party," testified that membership

in the party may be without

knowledge of the violent aims,

Informer and ACLU

Incidentally, Prussion claimed

he joined the ACLU at Com-

munist Party direction, to have

been on ACLU's mailing list and

to have made monetary contribu-

tions. An affidavit of Ernest

a

. Besig, local ACLU director for

over 25 years, points out that no

such person has ever been a mem-

ber, nor made any contributions,

nor responded in any way to any

possible solicitationafor support

which may have been directed to

Prussion,

John Mass Case

The fourth and last case, that

of John Mass, has been handled

by the ACLU either in the courts

or administratively for more than

Seven years, In 1953, when Mass

used the Fifth Amendment in re-

fusing to answer questions be-

fore a hearing of the House Com-

mittee on Un-American Activities

in San Francisco during the chair-

manship of Harold Velde, he be-

came a party to .a test suit

handled by the ACLU of Northern

California challenging the con-

stitutionality of the newly

_ adopted Dilworth Act which re-

quires

the dismissal of any

teacher who refuses to answer

political questions put by such

committees, The State Supreme

Court agreed with the ACLU

position that such a law would

violate due process in penalizing

the exercise of a constitutional

right, and it held that the law

would be construed to mean that

only refusals based on unjustified

use of the Fifth Amendment

privilege would be taken to viol-

ate the Dilworth Act. The case

was, therefore, returned for fur-

Test Loss of

@ e o

Citizenship by

a Pee ew

Presumption

Attorneys for the American

Civil. Liberties Union filed a mo-

tion in the Federal District Court

in Washington, D. C., on October

13; challenging the constitutional-

ity of withdrawing American citi-

-zenship from a dual national on

the basis that ten years' residence

in a foreign land was "`conclusive

presumption" of voluntary mili-

tary service in that nation's army.

-A dual national holds citizenship

in two countries because he is

born abroad of American parents.

_ Denial of Due Process

The motion, filed in behalf of

Aatonio Cafiero of Jersey City,

N. J., said that the "conclusive

presumption" section of the Im-

migration and Nationality Act is

"unconstitutional and in violation

of the due process clause of the

Fifth Amendment to the Constitu-

tion of the United States."

Petitioning the court for a

three-judge federal court to de-

termine the issue, the motion

asked for a declaratory judgment

invalidating Section 349(b) of the

Immigration and Nationality Act.

The Section states that "Any per-

son who commits or performs any

act specified in subsection (a)

(military service in a foreign

army), shall be conclusively pre-

sumed to have done so volunta-

rily and without having been sub-

jected to duress of any kind, if

such person at the time of the act

was a national of the state in

which the act was performed and

had been physically present in

such state for a period or periods

totaling ten years or more imme-

diately prior to such act." The

motion also asked the court to

bar the Immigration Service from

deporting Cafiero to Italy as an

alien and to declare him an Amer-

jean citizen.

Service Was Involuntary

The motion argued that Cafiero

was forced to serve in the Italian

Army from 1953 to 1955 and `that

"undisputed evidence" of such in-

voluntary service can be present-

ed. It noted that according to

past Supreme Court decisions ex-

patriation cannot `"constitutional-

ly be decreed" except for volun-

tary conduct. The legal motion

also emphasized that the Supreme

Court has clearly determined that

statutes cannot create a conclu-

Sive presumption where a consti-

tutional right is concerned, in the

Cafiero case depriving him "of his

birthright." Under these circum-

stances the individual must be

given an opportunity to rebut the

presumption, the high court has

ruled,

No "Free Choice"

According to the motion, Ca-

fiero, although -born in. Italy on

May `15, 1932, acquired American

eitizenship, too, because his fath-

er was an American citizen. He

did not spend his early years in

Italy, but did live there for nine

years and three months before

the_ 1952 "conclusive presump-

tion" amendment to the immi-

gration law was passed. The mo-

tion declared that Cafiero's"mili-

tary service came as a result of a

draft call and that he had no

"free choice' in determining

whether to serve in the Italian

military forces. He came to the

United States as a seaman in 1956

and deportation proceedings were

brought against him in 1957. On

August 22, 1960, he was ordered

to leave the United States or be

deported on the ewund that he

had overstayed,

ther proceedings to the BUDS TIOL

Court.

New Teaching Credential Denied

When after three years the San

Francisco School District failed

to press its dismissal proceedings,

ACLU counsel moved to have the

`case dismissed because of failure

of prosecution. The motion is still

_ pending, In the meantime, Mass

applied for a new teaching creden-

tial because his previous one had

been allowed to lapse. The Cre-

dentials Commission turned down

the application because' of Mass'

refusal to testify before the House

Committee on Un-American Ac-

tivities in 1953. Mass appealed

and the matter is now pending

before a hearing officer whose

recommendation is being awaited.

" public

Church and State Issue

Test.

| teligious -

A new test of the extent to which religious practices may

be injected in the public schools appears headed toward the

United State Supreme Court.

The first round is being aired in Dade (Miami) County -

Cireuit Court,

consolidated into one. Plaintiffs

are Harlow Chamberlin, an agnos-

tic supported by the Florida Civil

Liberties Union, and one Uni-

tarian and three Jewish parents

represented by the American

Jewish Congress, Nine Protestant

church leaders have intervened

on the side of the defendant Dade

County Board of Public Instruc-

tion. Each side has promised an

appeal from the Circuit Court's

decision.

Injunction Sought

Florida law now requires daily

reading from the Old or New

Testament and recitation of the

Lord's Prayer in public school,

but without the addition of sectar-

ian comment... The five parents

who instituted the suit seek an

injunction preventing not only

that custom but other religious -

practices in the Miami schools.

These include Christmas, Easter,

and Hanakuh celebrations, hymn

singing, religious aspects of bac:

calaureate services, taking religi-

ous census, requiring teachers to

_ Swear a belief in God, distributing

Gideon Bibles and other religious

material on school property, and

permitting Bible study groups

to meet on school property after

regular classes are dismissed,

Sectarian Prayers

At the hearing last Spring it

was brought out that devotional

prayers, other than the Lord's

Prayer, are given. Jewish witnes-

ses complained that material, as

well as authorized readers from

the New Testament, were. sec-

tarian because they sometimes re-

ferred to Jesus.Christ. One also

declared that the God in Three

Persons honored by Christians

was not the same God worshipped

by Jews. A Unitarian minister

pointed out that the Lord's Prayer

itself is common to only one re-

_ligious tradition and therefore

sectarian. He added that Roman

Catholics could object to the King

James version of the Bible. in the

schools, preferring the

Douay version.

Excuses Allowed

After the suit was filed, the

school board approved a resolu-

tion allowing any child to be ex-

cused from attending religious

observance periods if his parents

objected. Plaintiffs complained

that such a regulation did' not

satisfy requirements for separa-

tion of church and state traditions

and that it imposed an undue bur-

den on some children. Psychologi-

cal and social pressures, they ex-

plained, virtually forced ron-

conforming students to witness

The first right of a citizen:

Is the right

- To be responsible.

where witnesses have testified in two suits

the religious observations. The

trial was resumed on October 31.

Major Election Issue

The religious practices suit also

has become: a major issue in a

local school board election fight.

A group of Protestant ministers

are backing Arthur Atkinson, a

candidate who is waging his cam-

pain on the need "to preserve

Bible reading in the schools." A

campaign leaflet used by the

group includes an attack on the

ACLU based on the membership

of Atkinson's opponent, Jack D.

Gordon, in the Union. Part of the

charge against the ACLU*is a

1959 Americian Legion conven-

tion resolution alleging that the

Union is engaged in defense of

"Communist and Communist

causes." In a reply to this attack,

Howard Dixon, chairman of the

Florida Civil Liberties Union, |

said the ACLU was attacked "un-

fairly and unjustly." After citing

commendations of the ACLU's

work, Dixon noted that when the

National Council of Churches was

attacked as supporting Commun-

ism and Communist causes in the

United States by the House Un-

American Activities Committee,

the ACLU rallied to its defense.

"Are our memories so short that

we have forgotten the evil period

of McCarthyism? Are we so in-

secure in our national and re-

- ligious beliefs that we must emu-

late McCarthy techniques or as-

sociate ourselves with those who

use them? "Dixon said. .

"The Rockwell

Case' on KPFA

Station KPFA, Berkeley's FM

radio station, 94.1 on your dial,

will broadcast a program con-

cerning the Rockwell case on Sun-

day afternoon, November 20 at:

1:30 p.m.

George Lincoln Rockwell:

leader of the American Nazi

Party, was denied a permit to

speak in Union Square on In-

dependence Day in New York

City by Mayor Wagner, a move

upheld by a Supreme Court judge.

The matter is now on appeal.

Rockwell's legal and moral

rights to speak, and the implica-

tions of the case are debated by

State Senator Frank J. Pino, who

was a party to an action to enjoin

Rockwell from speaking, and

Ephraim London, a member of

_the Board of Directors of the New

York Civil Liberties Union, which

defended Rockwell.

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