vol. 26, no. 12

American

Civil Liberties

Union

Volume XXVI

Bracero Labor Camp

Cor

oo

San Francisco, December, 1961

u

liom of |

Yefended

nN

The arrest of two young men on trespass charges at a

bracero camp near Stockton will raise the question whether

the owners of a large camp for Mexican nationals, imported

under agreement with the United States Government to do

farm labor, may keep these men isolated from visitors during

non-working hours by the post-

ing of no trespassing signs.

Volunteer Organizers

The two arrested men, Jeffer-

son Poland, 19, and Fred Cage,

_ 31, are volunteer organizers with

_ the Agricultural Workers Organ-

izing Committee in Stockton.

They tried to enter the bracero

eamp of labor contractors Lo-

duca and Perry, located seven

miles west of Stockton on High-

way 50, in order to distribute to

the braceros leaflets printed in

Spanish and English informing

the workers of their rights under

the Migrant Labor Agreement of

1951 as well as supplemental

agreements and Federal laws.

Poland Beaten

Poland and Cage were met in-

side the gate of the camp by its

owners and their foremen who

told them to get out, grabbed:

them, knocked Poland down and

then ejected them. A few min-

utes later the two were: dragged

back into the camp and told they

were under arrest.

Trial December 4

Staff Counsel Marshall Krause

will represent the two men at

their trial on trespass chargeg

before Judge Priscilla Haynes in

the Manteca Justice Court on

December 4th. The ACLU has

taken the position that the bra-

cero camp being the residence,

dining hall, and recreation area

for 600 to 800 men takes on a

quasi-public character' and its

owners cannot prevent the pub-

lic from communicating ideas to

_these men under the theory of

such well-known cases as Marsh.

v. Alabama holding that the own-

NLRB Counsel

Confesses Error

In Leaflet Case

In a motion filed with the

United States Court of Appeals

for the Ninth Circuit, the Assist-

ant General Counsel for the Na-

tional Labor Relations Board has

confessed that an erroneous in-

terpretation of the law was re-

lied upon by the Federal District

Court in its order enjoining two

unions on strike against a Sacra-

mento television station from

passing out handbills to the gen-

eral public asking that certain

firms continuing to advertise on

the station be boycotted.

The American Civil Liberties

Union had filed an amicus curiae

brief with the Court of Appeals

asking that the injunction of the

District Court be declared void

as an abridgment of speech and

press. In its motion the N.L.R.B.

confessed that distribution of the

handbill was not illegal under

statutory law and thus the free

speech and press issue was not

breached. The Court of Appeals

on November 16th, 1961, re-

manded the case to the District

Court with orders to dissolve the

injunction.-M.W.K,

the leaflets

. must

n

ers of a company town could not

- prevent literature distribution,

and Martin v. Struthers holding

that an ordinance prohibiting

door-to-door soliciting was un-

constitutional.

Treaty Provisions

The treaty under which the

braceros are in the United States

provides that they may elect as

a spokesman to negotiate with

their employer either a person

from their own number or a bona

fide labor organization. Many

court decisions hold that when

there is no convenient way for

labor organizers to meet workers

except on company property, the

company must allow the organ-

izers to solicit and hold meetings

. on company property during non-

working hours. Poland and Cage

report that the workers were dis-

satisfied with conditions in the

camp and were anxious to re-

ceive the literature distributed

by the volunteer "Sreanizers.

Many of the braceros retrieved

which had been

thrown on the ground when

Poland and Cage were ejected.

-M.W.K.

Erroneous Oath

Requirement

Retracted

The Hayward office of civil

defense has announced that it

will no longer require a special

civil "defense loyalty oath for

those persons required by law to-

be civil defense workers. (In

California all public employees

are by law civil defense workers.

It is for this reason that they

take the civil defense

workerg loyalty oath, otherwise

known as the Levering Act oath.)

The announcement came after

an ACLU protest to civil defense

authorities and school- admini-

strators in Hayward that teach-

ers required to furnish informa-

tion, to civil defense authorities

by the district superintendent

could not be required to take

any special oath. The ACLU

pointed out that the teachers had

already taken the civil defense

-workers loyalty oath and un-

der the law they could not be

required to take any other or

different oath.-M.W.K,

KPFA Broadcasts

Edith Green's

Speech Dec. 17

Congresswoman Edith Green's

"speech at the ACLU's annual

meeting last October 13, entitled

"The Unholy Alliance,' will be

broadcast over FM radio station

KPFA, 94.1 on your dial, on Sun-

day, December 17 at 1:30 p.m.

The speech concerns itself with

the impact on civil liberties of

the alliance between the radical

right, fundamentalist religious

groups and the military.

Number 12

Decision in

PO Case Will

Be Appealed =

An appeal will be taken to the

Federal Court of Appeals in

Washington, D. C., from the re-

eent decision of District . Court

Judge Holtzoff refusing to or-

der reinstatement of Conrad C.

Eustace to his position as a pos-

tal clerk in San Francisco.

Eustace was discharged from

his job after charges and a hear-

ing because he led the members

of his union in informational

picketing and distribution of

leaflets before the main Post

- Office. The Post Office contends

that this was conduct unbecom-

ing to a postal employee.

_ Attorneys for Eustace argue

that since Government em-

_ployees may belong to labor

unions, so long as such groups

do not advocate the duty to en-

gage in any strike, they may en-

gage in all other activities of

union members, including picket-

ing and distribution of literature,

Judge Holtzoff claimed, how-

ever, that "The Federal Act re-

lating to Federal employees

limits their rights ... to mem-

bership in the organrzation and

the presentation of grievances to |

Congress or members of Con- :

gress. There is no'provision auth-

orizing Government gmployees

to engage in external `concerted

activities of the nature involved

in this action."

The case is being handled for

the ACLU of Northern Califor-

nia by attorneys Dickstein and

Shapiro-of Washington, D.-C.

Foreign Nudist

Mags Admitted |

After Delay

After holding up a shipment

of Swedish nudist magazines for

15 days, the Customs Service in

San Francisco on November 2nd

finally decided they were not ob-

scene and released them. They

compare with official nudist

magazines published in this

country. The pictures show un-

draped men, women and _ chil-

dren in poses that cannot be

criticized. :

Restrict

BS

4

Answer to "Operation Abolition" :

NN

The ACLU of Northern California last month released for

tal and purchase prints of "Operation Correction," its

filmed exposure of "Operation Abolition," the propaganda

film whiclt was spliced together from television newsreel

footage subpoenaed by the House Committee on Un-American

In This Issue:

Alien Publisher Quizzed

About Political Views p. 4.

By-Laws of American Civil

Liberties Union of Nor-

thern California, Inc. p.2

Prayers Recited in San

Jose Juvenile Halls p.3

Protest Navy's Intrusion

Into Politics in Alameda p.4

Regent's Prayer Case on -

Appeal to High Court

Report of Seminar: "Relig-

ions in the Public Schools" p.3

p.3

"Tropic of

Cancer"

Court Tests

Frank B. Pershina, a San An-

selmo book dealer, was arrested

last month for selling "Tropic

of Cancer," thereby joining a i

Los Angeles court test. A simi- |

lar obscenity. prosecution was

also started against a Honolulu

bookseller last month.

In San Francisco, however, the

District Attorney has refused to

prosecute. In Santa Rosa and

Modesto the "police have `threat-

ened to prosecute, but, thus far,

no arrests have been made.

The San Anselmo case is be-

ing handled by private counsel.

The ACLU may intervene if

there is a conviction. and the

case is appealed.

In the meantime, the conspir-

acy indictment against the pub-

lishers and distributors of Fa-

_bian publications in Alameda

county was dismissed by the Su-

perior Court, while the State Su-

preme Court, in a Los Angeles

case, ruled unanimously that it

"was error not to admit testimony .

of experts to prove the commu-

nity reading standards.

ions On Street

leetings in Ockland

The ACLU last month urged the Oakland City Council to

repeal a 1915 ordinance which limits the area in which street

meetings may be held to only a few blocks and requires that

they be held between the hours of 6 p.m. and 10:30 p.m. The .

ACLU acted after police informed representatives of a group

concerned with an issue in Mon-

roe, North Carolina, that their

efforts to hold a street meeting

were governed by the ordinance.

Supreme Court Decision

The ACLU's letter, signed by -

Ernest Besig, ACLU executive di-

rector, declared that the ordi-

nance was unconstitutional on its

face under the U. S. Supreme

Court's 1938 decision in the

Hague case. That case declared:

"Wherever the title of streets

and parks may rest, they have im-

memorially been held in trust for

the use of the public and, time

out of mind, have been used for

purposes of assembly, communi-

cating thoughts between citizens,

and discussing public questions.

Such use of the streets in public

places has, from ancient times,

been a part of the privileges, im-

munities, rights, and liberties of

citizens."

The ACLU informed the Coun-

cil that if any arrests were made

under the ordinance it would pro-

vide counsel to those arrested

and test the constitutionality of

the law. .

Detectives Attend

The group did hold its street

meeting in a prohiibted area and |

25 to 30 detectives were stationed

on rooftops to monitor the meet-

ing and to take pictures. When

the meeting failed to attract an

audience at 9th and Clay streets

(other than the detectives), it

moved to 10th and Jefferson

streets-another prohibited area,

and the detectives hurriedly

scrambled down from the house-

tops and took positions on house-

tops in the new location. About

100 persons attended the meet-

ing. No arrests were made.

Since the Police Department

threatens to enforce the ordi-

nance while the City Council re-

fuses to repeal it, the ACLU will

take appropriate steps to bring

about a court test.

Activities following their visit

to San Francisco May 12-14, 1960.

Committee Distorted Facts

The Committee sought te

prove by this film that the dem-

onstrations against it were com-

munist-manipulated. In support

of its contentions it relied on a

nharration that distorted the

facts, skillful editing and on

omission of certain newsreel se-

quences.

"Operation Correction" uses

the original film of "Operation

Abolition" with the same se-

quences in it, in the same posi-

tion, with an entirely new narra-

tion. To show how scenes have

been rearranged to falsify the

facts, subtitles have been fur-

nished from time to time to in-

dicate the day scenes were ac-

tually taken. ae

Duping Dene By Committee

"We believe that the original

film and narration were careful-

dy and deliberately designed to

create the impression that All

who oppose the Committee are

either Communists or Commun-

ist dupes," says the new narra-

tion. "In this manner, the Com- -

mittee seeks to discourage fur-

ther protests against it-particu-

larly among students, and to in-

hibit freedom of speech and as-

sembly. Yes, some Americans

have been duped, but in this case

the duping has been done by the

House Committee on Un-Amer-

ican Activities."

Sdript Re-Written

"Operation Correction" is

about 42 minutes long and is

narrated by Ernest Besig, Execu-

tive Director of the ACLU of

Northern California. The script

has been substantially re-written

since the sneak prevue in Marin

county last June. The narration

has also been more closely' re-

lated to what is being shown on

the screen and the total effect

has been heightened by the ad-

dition of sub-titles,.

Rental Charge $15

The rental charge for a print

is $15 per showing, plus shipping

charges. A deposit may be re-

quired: Prints may also be pur-

chased. At this writing the pur-

chase price has not been deter-

mined but it should range some-

where between $100 and $125.

Rental arrangements and pur-

chases may be made through the

ACLU office, 503 Market St., San

Francisco 5-EXbrook 2-4692.

Numerous inquiries have al-

ready been received about

"Operation Correction." Orders

will. be filled on a first-come,

first-served basis.

Memorial Gift and

Tribute to Prof,

Edward Chace Tolman

The ACLU last month re-

ceived a contribution in memory

of Prof. Edward Chace Tolman,

who died November 19, 1959.

"The traits of great men often

give meaning to ideas and con-

cepts - vital and compelling

meaning," said the donors. For

us, "Professor. Tolman's gentle.

hess, unobtrusive integrity and

brave humility have done just

that for the concept of civil

liberties."

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

ERNEST BESIG... Editor

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

Subscription. Rates -- Two Dollars a Year

~ Twenty Cents Per Copy

Dr. Alfred Azevedo

Theodore Baer

Prof. Arthur K. Bierman

Rey. Richard Byfield

Prof. James R. Caldwell

John J. Eagan

Samuel B. Eubanks

Prof. Van D. Kennedy

Rev. F. Danford Lion

John R. May

Lloyd L. Morain

Honorary Treasurer:

Joseph M. Thompson

Honorary Board Member

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

Joseph Eichler

Morse Erskine

Dr. H. H. Fisher

Mrs. Margaret C. Hayes

Prof. Ernest Hilgard

Mes. Paul Holmer.

Mrs. Mary Hutchinson

Richard Johnston

Roger Kent

Mrs. Ruth Kingman

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

Helen Salz

Rey. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

Prof. Charles Muscatine

Prof. Herbert L. Packer

William M. Roth

Clarence E. Rust

Prof. Nevitt Sanford |

Mrs. Alec Skolnick

Mrs. Martin Steiner

Gregory S. Stout

Donald Vial

GENERAL COUNSEL

Wayne M. Collins.

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

_ Prof. John Henry Merryman

Hon. Clem Miller

Rey. Robert W. Moon

Dr. Marvin J. Naman

Prof. Hubert Phillips

Prof. Wilson Record.

Dr. Norman Reider

Prof. Wallace Stegner

Mrs. Theodosia Stewart

Mrs. Kathleen D. Tolman

Rt. Rey. Sumner Walters

Stanley Weigel

Franklin H. Williams

1961 Membership

Growth

Spurs 1962 Drive Plans

By November 20, 1118 persons

this calendar year had come to

the support of the ACLU for the

first time (98 as subscribers to

the NEWS). This record of new

members is the product of the

impressive leadership given by

Mrs, Zora Cheever Gross, drive

chairman for 1961, and the many

local chairmen who worked with

her unstintingly throughout the

northern part of the state.

Areas Double Membership |

In five areas membership has

doubled since the first of the

year. Several of them are giving

serious thought to forming chap-

ters. Monterey has already-its

chapter was approved by the

Board of Directors on September

14. Fresno is in the process of

forming one. Modesto, San Jose

and Stockton are in the talking

stage,

At the end of the fiscal year

on October 31, the membership

had increased to 5,173 persons in

good standing, compared with

4576 a year ago. In addition,

there were 187 separate sub-

scribers to the monthly NEWS,

compared with 172 a year ago.

Chairmen -Meet

Spurred by these snowballing

developments, chairmen from

several areas met last month to

map plans for the 1962 member-

ship drive. Running through

most of their discussion was. the

theme that the ACLU has only

skimmed the surface of poten-

tial members. Current threats

to our constitutional rights are

increasing the community of peo-

ple concerned with the need to

protect them. They want to do

something. Many, though

acquainted with ACLU's pro-

- gram, do not realize how much

their support means. They're

just waiting to be asked to join.

Others, less familiar, want to be

informed, One chairman pro-

posed that ACLU members make

a practice of carrying member-

ship envelopes in their pockets

or purses-as a ready answer to

ACLU NEWS

December, 1961

Pade Z

friends questioning "But what

ean we do?"

Areas Needing Chairmen

For next year's drive most

areas have a chairman to head

their campaign. Those not yet

covered are Fremont, Hayward,

Lafayette, Orinda, Placerville,

San Mateo and Walnut Creek.

Any volunteers or recommenda-

tions? :

We are. also looking at Marys-

ville Yuba City, Mendocino

County, Redding and Vallejo-as

centers for new concentrations.

Members in these locales who

would like to conduct a cam-

paign, or be part of a committee,

can start the ball rolling by let-

ting the office know. Building

the ACLU is the opportunity to

express the "eternal vigilance"

which semocrady depends on.-

J.H, See

Hats Off to Our

Volunteers

One of the heaviest periods in

office work-the processing of

renewals of membership that

started in November-has been

lightened and brightened by the

extensive help of several vol-

unteers.

Ding

Arian, Barbara _ Slick-

man, Margaret Smith, Ned

Spring, Beatrice Stein and Mrs.

D. W. Thomas have pitched in

during the past month, tackling

all the little, important details

involved in keeping the records

straight. .

For the first time in ACLU's

recent history, every step in the

procedure is on a current basis.

Mr. Spring merits special men-

tion. A new member who joined

this past summer, he has given

whatever spare time he's had to

helping out. There's no routine

of membership processing he is

not -inZ on,

Our institutional standby has

declared thanks "verboten." Her

contribution of time, energy and

dedicated interest she sees solely

as a matter of meeting her demo-

cratic responsibilities. Out of re- ~

spect to her person and phil-

osophy, we restrict ourselves to

this simple statement of fact.

-J. H.

BY-LAWS

of Northern California, Inc.

ARTICLE I

Name

The name of this organization

shall be the American Civil Lib-

erties Union of Northern Cal-

ifornia. Z

ARTICLE Hi

Headquarters

The headquarters of the Union

shall be in San Francisco.

ARTICLE Hil

Affiliation

This organization shall fune-

tion as an affiliate of the Amer-

ican Civil Liberties Union, Inc,

of New York.

ARTICLE IV

Object

Its object shall be to maintain

the rights of free speech, free

press, free assemblage and other

civil rights and to take all legiti-

mate action in furtherance of

such purposes. The Union's ob-

ject shall be sought wholly with-

out political partisanship.

ARTICLE V

Membership and Dues

All persons wishing to further

the purposes of the Union are

eligible for membership. Mem-

bership is established by signing

an application and paying the an-

nual dues. Dues shall be fixed by

the Board of Directors.

ARTICLE VI

Board of Directors and Officers

la. The direction and adminis-

tration of the Union shall be un-

der the control of a Board of Di-

rectors of not less than fifteen

(15), nor more than thirty (30),

members. The Board of Directors

shall meet.once each month, at a

time and place fixed by the

Chairman, or on request of five

or more of its members. Mem-

bers of the Board who fail to at-

tend five consecutive meetings

without explanation may be

dropped from membership in the

Board by a majority vote of all

of the members of the Board.

Seven members of the Board

shall constitute a quorum.

b. Members of the Board of

Directors shall be elected for

three-year terms, and are eligible

for two full consecutive three-

year terms. Prior election to un-

expired terms shall be permis-

sible in addition to the two full

terms. After having served two

- consecutive terms, members shall

again become eligible for elec-

tion only after at least one year's

absence from the board, and they

shall continue to be eligible for

election for periods of two full

consecutive three-year terms; so

long as such periods of service

are interrupted by at least one

year's absence from the board.

ce. An exception to the forego-

ing provisions shall be made in

the cases of board members who

served on the original Board of

Directors. After the expiration

of their present terms of office,

said board members shall hold

office for life, with full voting

rights.

d. Each year, at the April

meeting of the Board of Direc-

tors, a committee of five per-

sons, composed of two members

of the Board of Directors and

three members of the American

Civil Liberties Union who are

As Amended November 9, 1961

not members-of the Board of Di-

rectors, shall be appointed by

the Chairman to serve as a

nominating committee to nomi-

nate persons to fill Board of Di- .

rector terms expiring during the

current year as well as any unex-

pired terms that may be vacant.

The committee shall report its -

recommendations to the Board of

Directors at the September meet-

ing, the proposed nominations of

which shall be subject to ap-

proval or change by the Board of

Directors at the said meeting.

e. Every year, the April issue

of the A.C.L.U.. NEWS. shall

carry an invitation to the Union's

membership to suggest names to

the. nominating committee, and

-such names must reach the Un-

ion's. office not later than April

30 in order to receive considera:

tion. The nominating committee

`shall consider such suggestions

but shall not make any nomina-

tions until after April 30.

f. In addition to the foregoing

method of proposing names to

the nominating committee, mem-

bers may make nominations di-

rectly to the Board of Directors

in the following manner: Not

later than August 1 of each year,

nominations may be submitted

by the membership directly to

the Board of Directors, provided

each nomination be supported by

the signatures of 15 or more

members in good standing and

be accompanied by a summary of

qualifications--and the written

consent of the nominee.

2a. The officers of the Union

shall be: a Chairman, three Vice-

Chairmen, a Secretary-Treasurer,

and an Executive Director, who

shall be elected by and hold of-

fice at the pleasure of, the Board

of Directors. |

b. Officers of the Board of Di-

. rectors shall be elected annually

for terms beginning November 1.

c. Each year at the April meet-_

ing the chairman shall appoint

three members of the Board to

act as a Nominating Committee

for officers of the Board. The

Committee shall present its nom-

inations to the Board at the Sep-

tember meeting.

3. The Chairman shall pre-

side at all meetings of the mem-

bership and the Board of Direc-

tors and act in cooperation with

the other officers and with com-

mittees as found necessary or

desirable.

4. The Vice-Chairmen shall act

in lieu of the Chairman in event

of the latter's absence or in-

ability to serve.

5. The Secretary-Treasurer

-shall perform the usual duties of

such an office.

6. The Executive Director shall

conduct the office of the Union,

issue its monthly publication,

maintain minutes of all meetings

of the Union and the Board of

Directors, keep the' records of

membership and of receipts and

handle all mat- .

disbursements,

ters of civil liberties coming to

the attention of the Union be-

tween meetings of the Board of

Directors and report thereon at

the following meetings of the

Board, secure the services of: at-

torneys, appear before public

bodies on behalf of the Union,

and perform such other duties

as may be assigned by the Board

of Directors.

7. Such other committees as

may be found necessary or de-

sirable may be elected or ap-

pointed as determined by the

Board of Directors.

ARTICLE VII

Meetings

la. A general membership

meeting shall be held in San

Francisco at least once each year

for the purpose of receiving re-

ports of activities during the pre-

ceding year, and considering such

other business as the Board of

Directors may lay before it. ~

b. Special meetings of the

members may be called at any

time by a majority of the Board

of Directors or shall be called by

the chairman on the written re-

quest of at least 10 per cent of

the membership. Any such peti-

tion and the notice of such meet-

ing shall state the purpose there-

of; notice shall be sent 10 days.

before the date set for such

meeting, No business other than

that specified in the notice of the

meeting shall be transacted. The

presence of 15 per cent of the

membership at any special meet-

ing shall constitute a quorum,

2. Additional membership

meetings for the transaction of

` business indicated in the preced-

ing section shall be held at the

call of the Board of Directors.

3. Luncheon, dinner, mass or

area meetings may be held or

lectures may be sponsored, as di-

rected by the Board of Directors.

ARTICLE VII

Chapters

The Union by a majority vote

of its Board of Directors may

grant a charter to any petitioning

local group in Northern Califor-

nia which has given satisfactory

evidence of vitality, leadership

and devotion to the objectives

and program of the Union. Char-

ters may be revoked for cause by

a two-thirds vote of the Board of

Directors, but only after a state-

ment of reasons has been sent by

the Board of Directors to the

chapter officers and members of

the chapter board and a full

hearing accorded. Chapter By-

Laws shall not go into effect

until they are approved by the

Board of Directors.

ARTICLE IX

Rules of Order

Except as covered by the fore-

going, "Robert's Rules of Order, _

Revised," shall govern the con-

duct of all meetings of the mem-

bership, the committees and

Board of the Union.

ARTICLE X

Amending By-Laws

These BY-LAWS may: be

amended at any meeting of the

Board of Directors by a vote of

a majority of all of the members

of the Board, provided the pro-

posed amendments are first sub-

mitted to the members of the

Board.

Textbook Law Invalid

On November 15, the Oregon

State Supreme Court declared

invalid a law under which text-

books were supplied to. elemen-

tary and secondary church

schools at public expense. The

ACLU of Oregon supported the

test suit.

Mid-Peninsula Chapter

Report of Seminar: `Religion

In the Public Schools'

_ The Church-State Committee of the Mid-Peninsula Chap-

ter held an informal seminar November 17 entitled, "Religion

in the Public Schools." Superintendents of Schools, School

Board Presidents, and Ministers in the area were invited to

participate along with members of the Committee. About 16

people attended.

It was stated in the invitations,

and at the beginning of the semi-

nar that no report or findings

would be produced by the semi-

nar since the main goal was a

free discussion of several impor-

tant problems and that this aim

eould be accomplished best if the

participants were not "speaking

for the record."

The Value of Persuasion

It is the opinion of the Com-

mittee that court tests of relig-

ious practices in the schools are

time-consuming, expensive, and

oftentimes community - shaking

ways of achieving, or maintain-

ing, the separation of church and

state. We feel that the first step

should be an attempt to present

the civil libertarian's viewpoint

to those responsible for our pub-

lie school system on the assump-

tion that logical and reasonable

argument will convince men of

good will that public instrumen-

talities can neither "establish"

religion nor prevent the "free

exercise thereof" by their prac-

tices.

Since there was no formal rec-

.ord of the discussion, what fol-

lows are the purely personal im-

pressions of the author.

Four Started in Disagreement

In our opinion, there were

only four participants who came

fo the seminar holding views

that were in essential disagree-

ment with the civil libertarian's

position. on religion in the

schools. By the end of the eve-

ning, two of those four had sub-

stantially changed their views,

and one more ended up making

statements that were modifica-

tions of the views originally ex-

pressed. It must be emphasized

that this is purely a subjective

reaction, but one that is shared

by the two other Committee

members present.

Instrumental in presenting the -

civil libertarian's viewpoint were

two school board Presidents who

are themselves members of the

ACLU of long standing. In addi-

tion, the remarks of a minister

who attended helped to convince

those present that ministers are

not necessarily the advocates of

introducing or retaining religious

observances in the schools. (At

a recent meeting of the Palo

Alto Ministerial Association, the

majority of ministers present

expressed similar views. One

even stated that if a minister ad-

vocated introducing or retaining

religious observances in schools

it should be construed as an ad-

mission of failure to teach his

doctrine within the confines of

his own sphere and that he is

really asking the schools to do

the job he failed to do.)

ACLU Position

The ACLU position was pre-

sented essentially as a constitu-

tional one. While members of

the ACLU may be concerned -

as individuals - with the hurt

done to the religious sensibilities

of pupils or their families who

have different or no religious

affiliation, our only valid con-

eern, as an organization, is with

the legality and constitutionality

of religous practices. While

there is no constitutional prohi-

bition against offending the sen-

sibilities of citizens, this aspect

of religion in the schools was

recognized as another reason that

school administrators and policy

makers should endeavor to

- these

lessen or eliminate questionable

practices. Others at the meeting

did emphasize this point, how-

evel...

Conclusions

If a conclusion were to be

drawn from the seminar; it could

probably be best stated as one

of the participants himself did:

The Board of Trustees of each

school district should establish a

clear policy stating that school

observances of public holidays

having a religious origin should

include only the temporal, or

non-religious, aspects of the hol-

day; that due regard should be

taken for the religious sensibil-

ities of pupils and their families

by the use of good judgment in

the choice of materials that,

while not actually unconstitu-

tional, may have sufficient relig-

ious significance to offend non-

believers; that matter of a relig-

ious nature which is introduced

solely for its artistic or esthetic

qualities be presented with the

clear understanding that it is

only those esthetic qualities

which are being utilized. (As an-

other participant pointed out,

"Hark, the Herald Angels Sing"

is much better musically than

"Rudolph the Red-Nose Rein-

deer'); and finally, that the

school administration conscien-

tiously supervise plans and pro-

grams to make certain that the

policy of the district is being

carried out.-Richard G. Gould,

Chairman, Mid-Peninsula Chap-

ter, Church and State Committee.

Discontinue

Prayer at

Berkeley H.S.

Superintendent of Shieal:

Herbert Wennerberg of Berkeley

last month assured the ACLU

that meetings of the Board of

Control of Berkeley High School

would no longer be opened with

a prayer. The Board is part of

student government.

Opening meetings with prayers

was suggested by the President

of the student body, Bob Liner,

and he led the first group "in

a short word of prayer," accord-

ing to the Board minutes. At sub-

sequent meetings, others gave a

prayer.

Gallagher at

Annual Breakfast

January 14

The Sacramento chapter will

hold its annual Breakfast meet-

ing on January 14 with Buell G.

Gallagher, first chancellor of the

newly organized State college sys-

tem, as the main speaker. The

morning meeting, now a tradition

in Sacramento County, will taxe

place at the Sacramento Inn.

Dr. Gallagher returned to Cali-

fornia this year after nine years

as president of the City College

of New York. Sworn into his new

post, he was quoted as saying

(Sacramento Bee, 7-4-61); "There

should be a lively, yeasty charac-

ter to academic life. I''d be very

`much concerned with movements

that would close campus doors to

the discussion of any point of

view."

The January NEWS will carry

complete information on the

Breakfast and the theme of Dr.

Gallagher's address.

Prayers Recited in

San Jose Juvenile Halls

The ACLU of Northern California last month requested

Miss Muriel M. Wright, Chief Juvenile Probation Officer of

Santa Clara county, to discontinue the recitation of prayers at

meal times in the Juvenile Hall in San Jose, the Children's

Shelter and Boys' Ranches, which are under her control.

According to written instructions

posted on the bulletin boards of

instiutions, the children

are required to participate in the

saying of these prayers.

Children Asked For It

In a letter to the ACLU, Miss

Wright claimed the practice was

started a number of years ago

after "the children themselves

asked to have the custom estab-

lished." Under the system that

prevails,. the counselor of the

particular institution, designates

a child to lead the prayer. .

"As for my personal reaction,"

said Miss Wright, "it would never

have occurred to me to feel that

we needed to have grace said in

a public institution. However, at

the time I saw no reason for dis-

regarding the request of these

young people even though they

were in an institution which has

many rules and regulations."

Protestant or Catholic

In the Girls Section of Juve-

nile Hall, Miss Wright declared

that the grace recited depends

upon the religion of the child

leading the prayer. "The girls

sometimes said (sic) the Protest-

ant grace and sometimes the -

2

Catholic grace...

From other sources, the ACLU

learned that the children are

evaluated daily on the basis of

their behavior in every aspect of

a day's activities and that they

may receive demerits for not

abiding by the regulations. Ap-

parently, the children may be

penalized if they do not partici-

pate in the saying of grace at

meals.

No Legal Basis

The ACLU informed Miss

Wright that it could find no

legal basis for the practice in

question,' which seems to

abridge the First and Fourteenth

Amendments to the United

States Constitution, not to speak

of our own State Constitution."

The ACLU's protest quoted

from an opinion of the State At-

torney General which said that

"In the last analysis, it is one of

the fundamentals of American

Government that the home and

the church have total responsibil-

-ity for the religious training of

each child; the State may not

constitutionally intrude upon

that responsibility." :

State May Not Support Religion

"Clearly, in this instance," the

ACLU's letter declared, "the

State is accepting responsibility

for prayers that are said by chil-

dren within its care. Tax monies

of the State may not be used to

support any religious activities."

The ACLU's request for dis-

continuance of the prayers is

still pending.

Besig Speaks in

Monterey Dec.4

Ernest Besig, Executive Direc-

tor of the ACU, will speak at a

meeting of the Monterey County

Chapter of the ACLU of Northern

California, on Monday, December

4, 1961 at 8 p.m. in the Li-

brary Lecture Room, . Monterey

Peninsula College, Monterey. All

members of the ACLU are urged

to attend.

-York's highest court,

An appeal is on its way to the

U.S. Supreme Court from a New

York Court of Appeals ruling

that it is legal for public schools

to open each day with the non-

sectarian prayer recommended

by the Board of Regents. Affirm-

ing a decision by the Appellate

Division of the New York state

Supreme Court, a 5-2 majority

of the Court of Appeals, New

down three different opinions

last summer, denying that the

doctrine of separation of church

and state was violated by the

practice.

Five Parents Sue |

Acting on behalf of five par-

ents in Merrick School District,

Nassau County, a New York

Civil Liberties Union cooperat-

ing attorney, William J. Butler,

had asked the court to direct the

school board to discontinue the

prayer because it involved the

state's sponsorship of religion.

The so-called Regent's Prayer

reads as follows: "Almighty

God, we acknowledge our de-

pendence upon Thee and we beg .

Thy blessing upon us, our par-

ents, our teachers and our coun-

try." =

Majority Views

In one majority opinion, Chief

Justice Desmond said the Re-

gent's Prayer was not "religious

education," nor was it the "es-

tablishment of religion in any

reasonable meaning of those

phrases .. . when the Founding

Fathers prohibited an `estab-

lishment of religion' . . . They

could not have meant to prohibit

mere profession of belief in

God." Justice Desmond con-

ACLU Policy

Religious

Observances

Symbols

Based on the principles stated .

in the Constitution, and rein-

forced by various Supreme Court

decisions, we believe that the

following should not he per-

mitted in the public elementary

and high schools:

1. Supporting or sustaining

any particular religious groups

or denominations Py such ac-

tivities as:

b. Christmas plays: and.

c. Creche displays.

D. On the basis of its inter-

pretation of the First Amend-

ment to the U. S. Constitution,

the ACLU also opposes:

2. Crosses and other religious

symbols on public buildings or

other public property; and,

3. The purchase of Christmas

ereches out of public funds or

the display of creches on public

`property.

We question the constitution-

ality and the wisdom of the prac-

tices listed in items D 2 and 3, so

we object to them, but we recog-

nize that they may be border-

line issues. We, therefore, feel

that issues of this nature should

continue to be handled indi-

vidually rather than under a

blanket policy. - Excerpts from

Statement of policy, adopted by

Board of Directors of the ACLU ~

of Northern collloriia, May Il,

1961.

handed (c)

`said in its recommendations:

tinued: "Belief in a Supreme Be-

ing is as essential and permanent (c)

a feature of the American gov-

ernmental system as is freedom

of worship, equality under the

Jaw, and due process of law."

Justice Froessel concurred in 2

separate opinion, saying that to

prohibit the prayer would

"stretch the so-called separation

of church and state doctrine be-

yond reason."

Dissenting Opinion

In his dissent, Justice Dye as-

-`Serted the Regent's Prayer did

constitute an establishment of

religion, and he emphasized that

the Board of Regents had stated

when the prayer was adopted in

1955 that it fulfilled a teaching.

function. The Board of Regents

"Be-

lief in and dependence upon Al-

mighty God was the very corner-

stone upon which our founding

fathers builded . : . such funda-

mental belief and dependence is

the best security against the

dangers of these difficult days

and the adoption of their reec-

ommendations the best way of

insuring the government and our

way of life shall not perish from

the earth." Its (the prayer's)

purpose is "teaching our chil-

dren ... that Almighty God is

the Creator..."

ACLU Brief Filed

In its brief to the Court of Ap-

peals, the NYCLU had argued

that the Regents' Prayer was un-

constitutional in light of the U.S.

Supreme Court's McCollum and

Zorach decisions. In the McCol-

lum case, religious education in

the Champaign, Illinois schools

was declared unconstitutional be-

cause it "was permitted inside

the public schools and it was

under the aegis of the public

school system." In Zerach, reli-

gious education in New York

City did not violate the constitu-

tion because it was "kept out-

Side the public schools," and was

"yiot under the aegis of the pub-

lie school system."

The brief continued: "Simply

stated, the rule of McCollum and

Zorach is that religious instrue-

tion must be kept physically out-

side the public schools of this

land and free from the force or

influence of the public school

system."

Other Arguments

Making a second point, the

brief- argued: "A prayer com-

posed by officials of the state

government for use in the state's

public schools does not `accom-

modate' all religious faiths, or

any single religious faith. It

either aspires to create a new'

faith, by transcending al] exist-

ing faiths, or, if it appears to do

otherwise, then and to that ex-

tent, it favors one or more exist-

ing faiths."

Thirdly, the brief said, the

Prayer is contrary to the beliefs

of the petitioners who belong to

the Jewish, Unitarian and Ethi-

cal Culture groups (another is a

non-believer). Whether or not

the prayer is sectarian is not a

matter of judicial knowledge but

should be submitted to a jury.

When the prayer case was first

heard in 1959 in the Nassau

Supreme Court, Justice Mayer

upheld the prayer but ordered

the school board to adopt safe-

guards against compelling or co-

ercing students to participate in

the prayer.

ACLU NEWS

December, 1961

Page 3

olitical Views

The American Civil Liberties Union sharply criticized the -

U.S. Immigration and Naturalization Service last month for

seeking to question a magazine editor about his political be-

liefs and associations.

The civil liberties organization made public a letter to .

Attorney General Robert Ken-

nedy protesting what it termed

, a gross violation of an alien's

right to free expression and eall-.

ing on Kennedy to prevent an-

other instance similar to the case

of M. S. Arnoni of Passaic, N. J.

Summoned For Questioning

Arnoni, a citizen of Israel and

since 1954 a permanent resident

of the United States, was sum-

moned before an Immigration

and Naturalization Service offi-

eer, after the Newark (N.J.)

Star-Ledger. on September 18

had erroneously described his

monthly publication, The Minor- -

ity of One, as "Communist." The

Star-Ledger subsequently re-

tracted its charge on October 31.

The Minority of One is character-

ized by its editor as "liberal, anti-

chauvinistic and frequently chal-

lenges the Cold War policies of

both the United States and the

Soviet Union." Although the im-

migration examiner lacked any

evidence that Arnoni was in fact

a Communist or "subversive," he

sought to learn from Arnoni's

own testimony whether the Star-

Ledger charge was true.

Insensitive to Freedom

"We are especially distressed

at the Service's insensitivity to

the principle of freedom of ex-

pression, in this case the publi-

eation of dissenting political

views," said the letter to Ken-

nedy signed by Patrick Murphy

Malin, executive director of the

ACLU. "This was both the exer-

eise of the poorest judgment and

a flagrant violation of the Consti-

tution. Under our democratic

system each agency of govern-

ment should abide by democratic

standards,.to give vitality and

meaning to its precepts."

Fishing Expedition

Malin reviewed the Union's ob-

jection to the Immigration Serv-

ice action. "It is beyond dispute,"

he stated, "that the investigation

is due entirely to Mr. Arnoni's

. publication. Although Mr. Ar-

noni felt it inappropriate to dis-

cuss the issue in an official pro-

ceeding, he states that there is

nothing in his past or present to

eonnect him, however' remotely,

to the Communist movement.

Even if that were not so, the

procedure in the case is objec-

tionable. First, since the inves-

tigator admitted the Service had

no suspicion that Mr. Arnoni

was a Communist, there was no

reason to subject him to the in-

terrogation. It is not the role of

the Immigration and Naturaliza-

tion Service to expose any alien

to the kind of interrogation it

planned to conduct with Mr. Ar-

noni. We believe that in the ab-

sence of a deportation hearing

where under the immigration

law, Communist Party member-

ship may be relevant, no govern-

ment official has the power to

engage in a political fishing ex-

pedition by questioning an alien

generally about his political be-

liefs.

Coercive Action

"Second, even if the Service

did in fact have some grounds to

believe Mr. Arnoni was a Com-

munist, it is entirely inappropri-

ate, and implicitly, violative of

the self-incrimination provision

of the Fifth Amendment, to at-

ACLU NEWS

December, 1961

Page 4

tempt to establish that fact from

the mouth of the suspect. It is

proportionately more coercive

where the questioning is di-

rected to an alien whose status

is always subject to re-examina-

tion by the Service. The Service

apparently claims the right to

interrogate an alien at any time

for any reason, or for no reason.

We emphatically reject that

claim. The fact that Mr. Arnoni

was under no compulsion to tes-

tify, as he was properly in-

formed, does not change the sit-

uation. The mere fact that the

service asserts the power to

summon an alien to its office ar-

bitrarily smacks too much of ca-

"price and too little of attachment

to constitutional principles."

ACLU Provides Counsel

First summoned to the Immi-

gration and Naturalization office

in Newark on October 26, Ar-

noni was granted a -postpone-

ment to November 9 to obtain

counsel. Accompanying him to

the second hearing were Melvin

L. Wulf, assistant legal director

of the ACLU, and Mrs. Esther

Frankel, a Paterson, N. J., at-

torney. The editorial offices of

The Minority of One are located

at 77 Pennington Street, Passaic.

Recognition

Again Granted

To SCLU in Berk.

The ACLU Board of Directors

last month extended recognition

to the Student Civil Liberties

Union at the University of Cali-

fornia in Berkeley as a "co-oper-

ating organization" for the cur:

rent school year, based on cer-

tain conditions of recognition.

One of the conditions of this

recognition is that "With respect

to northern California civil liber-

ties issues either not directly in-

volving students or institutions of

higher learning or on which the

ACLUNC has not taken a stand,

SCLU will take action only after

_ Consultation with the ACLUNC

office or Board of Directors."

Officers

Officers of SCLU for the cur-

rent year are: Chairman,, Robert

Phillips; Administrative Vice-

Chairman, Sherrl Grosse; Pro-

gram Vice-Chairman, Fred Cahn;

Secretary, Suzanne Louchard; Ex-

ecutive Advisors, Emil Berk and

Peter Franck, The Faculty Ad-

visor is Prof. Van Dusen Ken-

nedy, a long-time member of

the ACLU board.

Program

SCLU intends to take action

- during the year against the new

University regulations on use of

facilities and the rights of student

organizations, the unsettled issue

of a free press on campus, the

Immigration Service and the

political rights of foreign. stu-

dents, the Burns Report, and the

loyalty and security program on

the campus, In the field of edu-

-eation, SCLU will schedule pub-

lic forums, debates, and seminars

on the campus and will include

such issues as "The First Amend-

ment and its Growing Opposi-

tion,'. "The Supreme Court De-

cisions on Communist Registra-

tion," "The Constitutional Ob-

jections to the House Un-Ameri-

ean Activities Committee,' and

"Pornography and the Law."

So

Bendich Speaks

Se

For ACLU in

Palo Alto Dec. 8

The Mid-Peninsula Chapter

of the ACU of Northern Cali-

fornia will hold a membership

meeting on Friday evening, De-

cember 8, at 8:30 p.m. in the

Parish House of All Saint's poundpis-

copal Church, Hamilton and Wa-

verly Streets, Palo Alto.

Albert M. Bendich, former

staff counsel of the ACU of Nor-

thern California who is now teach-

ing in the Speech Department at

the Uniy. of California, Berkeley,

will speak on the subject of "The

Constitution and Communism."

He will focus on interpretations

of the First and Fifth Amend-

ments in recent Supreme Court

decisions.

The meeting is open to the

public.

P.U.C. Orders

Phone Service

Restored

In an order dated October 24,

1961, the Public Utilities Com-

mission of the State of Califor-

hia granted the petition of Ed-

gar J. Sokol, filed by the Ameri-

ean Civil Liberties Union, to

have the Pecifie Telephone and

Telegraph Company restore his

service pending a hearing on the

charge that Sokol had used his

telephones to aid and abet an

illegal purpose. The hearing on

whether the evidence sustains

this charge is scheduled for

December 18th.

As reported in the November

News, the telephone company is

acting under a ruling of the

P.U.C, which requires it to re-

move telephone service without

notice or hearing whenever

there is reasonable cause to be-

lieve that the service is being

used to aid and abet an illegal

purpose.

The order also provides that

written notification from any

law enforcement officer that the

telephone is being used for this

purpose is reasonable cause. The

ACLU intervened in the Sokol

case because it is evident that

arbitrary deprivation of property

rights may take place under .this

ruling -_M.W.K,

San Jose Area

Members Invited

To Meeting Dec. 3

ACLU members in the San

-Jose area are meeting Sunday

night, December 3, at 7:00 p.m.

at the First Unitarian Church,

160 North 3rd Street, San Jose

-to discuss the pros and cons of

forming a chapter. Preceding

discussion of this question, Pro-

fessor Richard Wasserstrom,

chairman of the Mid-Peninsula

chapter, will give a short history

of that chapter's development

and program. Edward Laing,

local attorney, will chair the

meeting.

The "San Jose area" includes

members residing in Campbell,

Cupertino, Gilroy, Los Gatos, Mil-

pitas, San Jose, Santa Clara and

Saratoga.

Letters...

po

To the Editor

Editor: A nasty little pamphlet

I received unsolicited through

the mail lately accuses the ACLU

of being a Red Plot or something

of the sort. It annoyed me enough

to make me realize that I have

not been doing my part to sup-

port ACLU, and that the organ-

ization is an essential defense

against such smears as the pam-

phlet itself. So it did some good.

Here's my check for $50.

-P, L. W.

Fol

Closing of Highlander

k School Ordered

The Tennessee Supreme Court has upheld the revocation

of the Highland Folk School's charter and has ordered that

the privately-owned interracial adult education school be

closed.

The opinion written by Judge C. J. Trewitt sustained a

Circuit Court's ruling which re-

voked the charter on two

grounds: first, that Myles Horton,

director of the school, had oper-

ated it for private gain; and sec-

ond, that beer and other intoxi-

cating beverages were sold on

school grounds without a license. .

Integration Issue Skipped

Judge Trewitt did not rule on a

third holding of the lower court

that Highlander's integrated oper-

ations violated a Tennessee law

against. allowing Negroes and

whites to attend the same classes.

In explaining why the Court did

not feel it had to rule on this

civil liberties point, the justice

declared: "It might be observed

here that we base our decision

on the two propositions before

the Court, that is the operation

of this school for the personal

benefit of Myles Horton, and that

in such operation he repeatedly

violated the criminal laws of this

state in the sale of whiskey and

beer in and about this School,

and that this being so, it is un-

necessary for us to pass upon

the constitutional question as to

the mixing of white and colored,

male and female, in the same

school."

Target Of Attack

Highlander, which has pro-

moted interracial study groups

and stressed intergroup improve-

ment as a key remedy for social

education and economic problems

in the South, has been controver-

sial for most for its twenty-eight-

year history. Tennessee officials

have tried several times to close

the school as a "public nuisance."

In 1959, county officers and a

state trooper raided the school

and arrested three white teachers

on a charge of public drunkeness

and one Negro, Highlander's edu-

cation director, on a charge of il-

legal possession of liquor. The

raid started a state action aimed

at. revoking the school's charter,

which culminated in the Circuit

Court decision last April. At that:

time, Cecil Branstetter, High-

lander's lawyer, asserted "The

real reason for the court's de-

cision is that there are racially

integrated classes at the school."

The attack on Horton likewise

stems from his avowed belief in

desegregation. The charge that

he operated the school for per-

sonal gain seems weak as testi-

mony at the trial emphasized that

his $9,000 annual salary was low

`compared to what others had paid

for similar service. Mr. Horton, a

Tennessean and graduate of Un-

ion Theological Seminary was a

founder of Highlander; he has |

lectured internationally on re-

ligious and cultural problems,

Protest Navy's Intrusion

Into Pol

ifics in Ala

eda

The ACLU of Northern California last month protested

against political comments appearing in the November 3 is-

sue of "The Carrier," published at the U. S. Naval Air Station

in Alameda and distributed to both service men and civilians.

The protest was sent to Capt. R. M. Pray, Commanding

Officer of the station by Ernest

Besig, ACLU Executive Director.

Creeping Socialism

The comments in question ap-

pear in an article in the publica-

tion entitled "The World's Prin-

cipal Political Systems." It con-.-

tends. that our taxing system has

become socialistic and declares

that "it must be admitted that

even here in the United States, -

representative democracy as con-

ceived by the authors of the Con-

stitution has not remained un-

tinged by socialistic concepts and

measures."

In depicting Socialism, the ar-

ticle indicates that it relies on

Labor violence for its support.

"Certainly this is a misrepresen-

tation of Socialism espoused by

such: persons as Norman

Thomas," declares the letter.

Keep Military Out of Politics

"While our citizenry enjoy

freedom of opinion and expres-

sion," the letter goes on to say, .

"it seems to me to go beyond the -

province of Government and the

Armed Forces especially to influ-

ence people in their political

thinking. I am under the impres-

sion, too, that the publication vio-

lates directives of the Depart-

ment of Defense 2

Capt. Pray responded but his

letter ignored the specific com-

plaints. "The personnel attached

to this Air Station," he said, "have

the intelligence to form their own

opinions, the education and good

judgment to follow courses of ac-

tion that are in consonance with

the best interests of the United

States of America. Your kind

and thoughtful letter is deeply

appreciated," the letter went on

to say, "in that it has given me

the opportunity to provide you

with a clear concept of the im-

portance of freedoms that we, the

citizens of the United States of

America, love and cherish."

The first right of a citizen

Is the right

To be responsible.

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NAME CHESHSSHRHEARHSHSHOHRHOCHEEHXLEHERHRS HOT HTSHSHHEHREKHFTHSCHESHHOHEHH SHOE

ADDRESS oO SEH SOEKOHRESHOHSHOKEHEHFTHHHGCHHHEKRGCKEHOHHHHHEFTHEHHH HO HOHOHHHOHOHE

TELEPHONE NUMBER. wcrc cece scacees

AMT. ENCLOSED...... a.

503 Market Street

Sen Francisco, 5