vol. 26, no. 2
Primary tabs
American
Union
Cwil Liberties
Volume XXVI
Deportation Defeated
San Francisco, February, 1961
No Proof That -
Is Psychopathic
The Immigration Service last month failed to deport a
21-year-old alien who was charged with being a "psycho-
pathic personality, to wit, a homosexual" at the time of entry.
Chester Sipkin, Special Inquiry Officer, ruled that the Gov-
ernment had not met the burden of proof and terminated the
proceedings.
. The alien entered the country
on October 3, 1958 but, during
August, 1960, he visited Mexico
for a few hours and was readmit-.
ted to the country. The Govern-
ment claimed that at the time of
his last entry the alien was a
homosexual.
Alien "Vagged"'
. Their attention was attracted
to the alien when on October 7,
1959 he was arrested in Macy's
restroom in San Francisco by two
police officers and charged with
`lewd and lascivious conduct-a
_ subsection of the Vagrancy Act.
It appears he had been caught
masturbating, although the offi-
cers claim he had also made ad-
vances to a person in another -
stall. It was the
rest.
In any case, on October 10, the
alien plead guilty to the charge
and was sentenced to pay a fine
of $50 or spend five days in jail.
In fact, he had no choice, because
the Immigration Service placed
a hoid upon him, under which he
could not be released without
their consent. Even if he had
paid his fine, which he could
have done, he would have been
detained.
"Adult Adjustment Reaction"
alien's first ar-
He not only served five days,
as ordered, but another five days
as well. In the meantime, Wil-
liam A. Sherrill, an investigator
for the Immigration and Natur-
alization Service, had the alien
examined by Dr. Herndon P.
Harding, a psychiatrist at the
U.S. Public Health Service, on
October 18. Dr. Harding certified
that the alien "has been examin-
ed and found afflicted with adult
adjustment reaction-homosexu-
al behavior. These findings are
based on psychiatric examination
-his present symptoms existed
on and before August the first -
of this year (1960)."
The alien had made some
friends in San Francisco who be-
came worried when he failed to
show up at his residence. They
checked at the San Francisco
City Jail_and hospitals to no
avail. Finally, they got a letter
"from the alien saying he was
held in jail. They tried to visit
him without success. The Immi-
gration Service told them he was
to have a hearing on October 19,
so they contacted the ACLU that
day.
ACLU Intervenes
`It took seven or eight tele-
phone calls before anyone at the
-Immigration Service would ad-
mit to the ACLU that the alien
was being held. Despite the claim
' that the alien was to have a.
`hearing at 2 o'clock (statements
also made to the ACLU) the Im-.
migration Service Calendar Clerk
had not scheduled the case for a
hearing.
Ernest Besig, ACLU executive
director, immediately visited the
alien at the Immigration Service
headquarters, 630 Sansome St.,
San Francisco. When he asked
the alien to show him the docu-
ments the Service had served
upon him, the alien looked blank.
No show cause order or warrant
-Continued on Page 2
ZORA CHEEVER GROSS, Chairman -
of 1961 Membership Drive.
oe 8
1961 Membership
@
Drive In
: and
The Making
Under the able and stimulating
guidance of Mrs. Zora Cheever
Gross, member of the ACLU
Board of Directors, the 1961
Membership Committee held its
first meeting last month to map
out this year's drive, Mrs. Gross
has generously agreed to steer.
the campaign for the fourth con-
secutive year, giving ACLU the
full benefit of her skillful hand
and cumulative experience from
past successes.
The committee designated
April 3 as the opening date for
the 1961 drive. In the meantime,
Mrs. Gross will be consulting with
potential area chairmen to get
the machinery set up and ready
to roll, ee
Others on the committee assist-
ing Mrs, Gross are: Theodore F.
Baer, Mrs. Naomi Lauter, Mrs.
Carol Madore, Mrs. Shirley Poir-
ier and Fred H. Smith, IV.
read King Lear.
Number 2
Anne Smart
Seeks Ban on
Two More Books
Mrs. Anne Smart of Larkspur,
Marin county, is taking up where
Rev. Michael Barkowska of the
Calvary Baptist Church in Lark-
spur left off. The Tamalpais Un-
ion High School District trustees -
on January 10 voted 4 to 0-one
member was absent-to continue
John Steinbeck's "Of Mice and
Men" and J. D. Salinger's "The
Catcher in the Rye" in use in
the district's high school English
classes. In a 21-page complaint
to the board, Mrs. Smart had at-
tacked both books as `obscene
and subversive."
No sooner had the vote been
taken than Mrs. Smart asked that
two other books be removed from
public school shelves - "The
Cruel Sea" by Nicholas Monsarra
and "The Member of the Wed-
ding" by Carson McCullers. With
respect to the former book, Mrs.
Smart is quoted as complaining
about "immoral situations, filthy
language and concepts, and the
depressing and defeating psychol-
ogy of the entire story, including
its ending with its complete lack
of moral or uplifting or construc-
tive qualities.' Royce Brier, in
commenting on the matter, sug-
gests that Mrs. Smart ought to
The board referred Mrs.
Smart's latest complaint to an-
other study committee which is
expected to report next month.
State Board
Delays Action
On Teachers
On January 6, the State Board
of Education asked the Attorney
General for an opinion whether
it may apply the Dilworth Act
to applicants for teaching creden-
tials. As a result, action was de-
layed on the applications of two
teachers-John W. Mass and Till-
man H. Erb.
Mass had been dismissed in
1953 for refusing to answer the
questions of the House Commit-
tee on Un-American Activities.
The State Supreme Court re-
versed the dismissal because no
inquiry had been made as to why
Mass refused to answer the Com-
mittee's questions, and no further
action was taken by the local
school board with respect to the
dismissal suit. A hearing officer
has made a favorable recommen-
dation on Mass' application for a
credential.
In the case of Tillman H. Erb,
however, an unfavorable recom-
mendation has been made by the
hearing officer because Erb re-
fused to answer the questions of
the House Committee on Un-
American Activities.
2p
To meet the mounting questions surrounding the role,
workings and effect of the House Un-American Activities
Committee, the Northern California Branch of the ACLU is
programming a seminar for March 11 at the First Unitarian
Church in San Francisco. (The Seminar may be shifted to
larger facilities at Marina Junior
High School, San Francisco.)
Through this all-day session of
study, the ACLU aims to provide
the basic information, technical
and social, for evaluating this
controversial Committee,
a Faculty of Experts .
Authorities in the field of con-
stitutional law, legal procedures,
political science, economics and
philosophy will make up the one-
day faculty. Experts are gather-
ing from Stanford University,
the University of California and
San Francisco. State College.
Community leaders, elected offi-
cials, and practicing lawyers will
also lend their resources to this
laboratory in social exploration.
Distinguished Panel
Set up in two sessions, the -
seminar will consist of panel pre-
sentations in the morning and
five discussion groups in the af-
ternoon. Prof. Michael Hayman,
of UC's Law School, will open the
day's deliberations with an anal-
Case of Unwed
Mother Goes
On and On
Lucy Turrieta, the mother of
four children born out of wed- -
lock, was resedtenced on-charges
of petty theft by Judge Michael
J. Gatto, of the Pittsburg Justice
Court on January 30,-too late
for a report in this issue of the
News. The resentencing pursuant
to a writ of habeas corpus
granted by the California Su-
preme Court, was delayed pend-
ing rulings on motions filed. by
her attorneys, H. LeRoy Cannon
of Pittsburg and ACLU Staff
Counsel Marshall Krause.
On January 23rd Judge Gatto
denied without opinion the mo-
tions to allow Mrs. Turrieta to
change her plea from guilty to
not guilty, to arrest judgment
because of lack of jurisdiction,
and to withdraw the order revok-
ing her probation. The denial of
these motions and the judgement
against Mrs. Turrieta will be ap-
pealed to the Appellate Depart-
ment of the Superior Court of
Contra Costa County. The "petty
theft" with which Mrs. Turrieta
"is charged consists of a failure
promptly to report the Mexican
address of the father of one of
her children thus failing "reason-
ably to cooperate" with the Dis-
trict Attorney in his attempt to
enforce the support obligations
of the father.
Attempt by Berkeley Postmaster To
Inspect Sealed Mail Without Cause
The Berkeley Postmaster last
month refused to deliver a first -
class letter to an addressee be-
cause someone had stamped on
it, "Suposed to Contain Matter
Prohibited Importation." He de-
manded that the addressee, by
January 21, either authorize him
to open the letter or that she
open it in his presence. She de-
clined to do either and: appealed
to the ACLU for help.
No Basis for Request
The ACLU suggested to the -
Post Office that it must "have
reasonable cause to believe that
first class mail contains contra-
band material before it may press
a demand that it be opened for
inspection, In this case, it could
provide no `basis for its request
except that some offical at the
port of entry had stamped the
envelope as possibly containing
prohibited matter,
The envelope in question bears'
a Jamaica postmark, is dated De-
cember 21, 1960 and has no re-
turn address. The addressee says
she has no knowledge of the en-
velope's origin or content.
May Contain Lottery Tickets
The Post Office suggests there
may be lottery tickets in the en-
velope but can provide no basis
for its suspicion. It declared that
unless its demands were met by
January 21, the letter would be
forwarded to the Dead Letter
Office in San Francisco and de-
stroyed. They claimed there were
regulations authorizing such
action. Se
The .ACLU objected that it
would be an act of censorship if
the contents of the envelope were
examined without probable cause
and that unless the letter was re-
leased forthwith a suit would be
filed in the Federal District
Court in San Francisco to secure
its delivery.
Washington Promises Review
The Regional Office of the Post
Office Department immediately
communicated with its Washing-
ton office and, on January 12,
Richard S. Farr, Assistant Gen-
eral Counsel, Fraud and Mailabil-
ity Division, advised the ACLU
that the matter was being re-
viewed and that they. would write
again "in the near future."~As
the NEWS goes to press, the
ACLU is still awaiting a report
from Mr, Farr,
ysis of HUAC's background, He
will be followed by Prof, John
Henry Merryman, of Stanford
University's School of Law, in.
criticism and Fred Dupuis, well-
known lawyer and_ political
leader of Marin County, in sup-
port of the Committee.
; Discussion Groups (c)
Afternoon discussion groups
will cover the gamut of questions
cropping up in considering (c)
HUAC, What is its mandate?
_ What legislative purpose has it
served? Do hearings constitute a
trial? What are fair procedures?
Does a citizen have a moral and
legal obligation to testify? What
are his constitutional protec-
tions? How has HUAC affected
"the free market place of ideas?"
Action and reaction on student
activities? These and the many
other issues involved in estab
`lishing criteria for a clear, sound
view of Congressional investiga-
tions in a democratic society will
be presented and analyzed.
Program Available Soon
The full seminar program is in
the process of completion, to be
in the mail within the next few
weeks. Interested persons are (c)
urged to register early since
limited accommodations necessi-
tate setting a limit on attendance.
Veterans Bidg.
Bars Linus
Pauling Meeting
The Student Civil Liberties
Union last month condemned the
refusal of the Oakland Veterans
Memorial Building to rent its
auditorium to a student group
holding a fund-raising meeting
for the defense of Robert Meisen-
bach who went to trial on Janu-
ary 30 for the alleged assault of
a policeman during last May's
demonstration against the House
Committee on Un-American Ac:
tivities. Dr. Linus Pauling was
the featured speaker at the meet-
ing that was moved to Inter-
national House in Berkeley.
H. L, Easterly, secretary of the
commission which operates the
Veterans building, under an or-
dinance adopted by the Alameda
county supervisors,. cancelled
reservations for the meeting on
the ground that the building
could not be used for "political
activity," or activity "that would
or might cause any kind of
controversy."
Emil Burk, chairman of the
Student Civil Liberties Union
noted that the Veterans building
is a public facility and called the
denial an `"`aet of suppression of
the free play of ideas, The com-
mission," he said, "is guilty of a
gross breach of responsibility: to
the public in its use of its au-
thority as a means of furthering -
its private political ends to the
exclusion of other points of view."
in This Issue...
Civic Center Act Ruling:
High State Court Bans
Test Oath for School Use p. 2
Committee on Un-American
Activities: Request for
Appropriation faces Hear-
ing oe p. 3
Convicted euro.0. Wins Teach-
ing Credential .:...... p. 4
"Operation Abolition," by
Robert W. Moon ...... p. 3
Student Who Picketed in
Uniform Given "F' . , p. 4
AMERICAN CIVIL LIBERTIES UNION NEWS
Published by the American Civil Liberties Union of Northern California
Second Class mail privileges authorized at San Francisco, Calif.
ERNEST BESIG . . . Editor
503 Market Street, San Francisco 5, California, EXbrook 2-4692
Subscription Rates-Two Dollars a Year
Twenty Cents Per Copy
Philip Adams
Theodore Baer
Prof. Arthur K. Bierman
William K. Cobleniz
_ 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
Honorary Treasurer:
Joseph M. Thompson
Honorary Board Member:
Sara Bard Field
Mrs. Gladys Brown
Prof. James R. Caldwell
Mrs. Paul Couture
Joseph Eichler
Morse Erskine
Dr. H. H. Fisher
Mrs. Margaret C. Hayes
Prof. Ernest Hilgard
Mrs. Mary Hutchinson
Richard Johnston
Roger Kent
Mrs. Ruth Kingham
Board of Directors of the American Civil Liberties Union
of Northern California
CHAIRMAN: Rabbi Alvin I. Fine
VICE-CHAIRMEN: Dr. Alexander Meiklejohn, Helen Salz
SECRETARY-TREASURER: John W. Fowle
EXECUTIVE DIRECTOR: Ernest Besig
Committee of Sponsors
Prof. Yan D. Kennedy
John R. May
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
Donald Vial
Harold Winkler
GENERAL COUNSEL
Wayne M. Collins
Prof. Theodore Kreps
Prof. Carlo Lastrucei
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
Rabbi Fine
Stirs Annual
Marin Meeting
The Marin chapter annual
meeting on January 15 was de-
lighted and challenged with the
stirring address on "Civil Liber-
ties for Whom?" given by Rabbi
Alvin I. Fine, chairman of the
ACLU Board of Directors.
ACLU Philosophy Explained
Seventy-five people heard
Rabbi Fine explain ACLU's phil-
osophy in depth. "ACLU," he
said, "does not defend the per-
sons character, associations or
ideas. ACLU has dedicated itself
to safeguarding all persons' civil
liberties. It admits of no compro-
mise." Carrying through this
mission, he emphasized, involves
setting aside one's personal prej-
udices and loyalties so that the
right of free expression stands as
the dominant value. Rabbi Fine
cited the Rockwell case as an ex-
ample, elaborating that the ques-
tion is "not who is right and who
is wrong but has any civil liberty
been limited." These concepts
clearly and sharply defined,
Rabbi Fine concluded that
ACLU's "business is to defend
and support rights, not any par-
ticular proposals or beliefs."
Officers Elected
Before hearing this penetrating :
talk, the meeting elected its 1961
roster of officers: Milen Demp-
ster (Mill Valley), chairman; T.
Howell Breece (Sausalito), vice
chairman in charge of publicity;
Dan Chaffin (San Rafael), chair-
man of literature; Frederic Cool-
jidge (Kentfield), treasurer;
Libby Ginsberg (San Anselmo),
vice-chairman in charge of mem-
bership; Betty Hemingway (Fair-
fax), librarian; Dr. Martin Katz-
man (San Rafael), chairman of
civil liberties' issues; Sali Lieber-
man (Mill Valley), vice-chairman
in charge of fund raising; Mrs.
Marion Millar (Mill Valley), sec-
retary; Gordon Robinson (Tibu-
ron), vice-chairman in charge of
education; Rosalind Watkin (San
Anselmo), chairman to recruit
volunteers for S.F. office; and
Richard Werthimer, observer
to Northern California Board.
Also elected to the Board were:
Sam Hanzel (Kentfield), Maren
Hackett (San Rafael), Naomi
Kirschner (Mill Valley), William
F. Luft (Novato), Robert Pence
(Sausalito), Jerry Rubin (Corte
Madera), Carl Shapiro (Fairfax),
Don Vial (San Rafael).
Ban Tax Funds
For Parochial
Schools in Vt.
Last month the Vermont Su-
preme Court declared the pay-
"ment of public tax funds as
tuition to Roman Catholic paro-
chial "schools was illegal, Since
the decision was based on pro-
visions of the Vermont Constitu-
tion, as well as the First and
Fourteenth Amendments tothe
U. S. Constitution, there can be
no further review in the U. S.
Supreme Court.
The unanimous opinion of the
highest Vermont court upheld
the contention that the payment
of tuition. fees to (parochial
schools violated the doctrine of
the separation of Church and
State, even though the school dis-
trict does not maintain schools of
its own, and must, therefore, pay
tuition to schools in other dis-
tricts to which the children are
transported, The Vermont Su-
preme Court ruled that the Con-
stitutional prohibition was not
. made inapplicable by the fact
that religious instruction at the
two parochial schools is manda-
tory only for Catholic pupils, -
e
Suit Tests Univ.
Of Calif. Leaflet
Regulation -
A suit was filed recently in
Southern California against the
Regents of the University of Cali-
fornia testing a regulation which
provides that "no literature may
be distributed free or sold in
connection with meetings or
events without permission ob-
tained in advance." The suit was
filed by six UCLA students and
is supported by the ACLU of
Southern California.
The suit contends that the
regulation violates the First and
Fourteenth Amendments to the (c)
Federal Constitution. Byron
Atkinson, dean of students at
UCLA, is quoted as saying that
the regulation has two purposes:
"to serve as an anti-litter ordi-
nance and to give us some admin-
istrative authority of scrutiny of
material for good taste."
ACLU NEWS
February, 1961
Page 2
formed by Mr.
No Proof That
Alleged 'Homo'
Is Psychopathic
Continued from Page 1- -
of arrest had been served upon
him and he was clearly being
held illegally. While Mr. Besig
was conferring about the matter
with an Immigration Service of-
ficial, Mr. Sherrill finally served
a show cause order and Warrant
of Arrest upon the alien. He also
had the alien sign a request for
an immediate hearing. When the
ACLU protested the latter move
to the hearing officer, the hear-
ing was cancelled.
Originally, bail was set at
-$2500; but it was later reduced
- to $1000, which was posted by a
friend of the alien. The alien was
thereupon released and the hear-
ing was finally held on Decem-
ber 20.
Dr. Reider Agrees
In the meantime, Dr. Norman
Reider examined the alien at the
ACLU's request. "My opinion of
the situation," said he, "is as fol-
lows: "I would agree with Dr.
H. P. Harding's diagnosis that
this man is suffering from an
-adult adjustment reaction and
would consider his homosexual -
behavior as symptomatic. (The
alien) does not appear to me to
have any psychopathic traits and.
I feel that a diagnosis of psycho-.
pathic personality is not justi-
fied."
Medical Evidence Governs
In a statement given to the
Immigration Service Investiga-
tor, the alien admitted being a
homosexual and said he had en-
gaged in such acts for about a
year. The hearing officer decid-
ed, however, that the alien could
not make a determination that
he was a homosexual. "Since the
medical evidence appears to indi-
cate that he is not a true homo-
sexual," said he, "it would be un-
warranted of me, solely because
he had committed homosexual
acts, to find that he is one."
In his opinion, Dr. Reider de-
clared, "I strongly feel that a
little counselling and proper
guidance is what (the alien)
needs at present, and the chances
are extraordinarily good _ that
there will be no recurrence of
- his homosexual behavior. He is
mild-mannered, intelligent but
rather unsophisticated and not
worldly." - j
Fulliteve's Statement
Protests to the. Immigration
Service over the procedures fol-
lowed in the case brought a dec- .
laration from C. W. Fullilove,
Deputy District Director, that
"any and all discrepancies in the
subject case were discussed with
the employees concerned in or-
der to insure that strict compli-
ance will be had with the regula-
tions and procedures approved
by this Service in future cases."
Subsequently, Mr. Besig was in-
Fullilove that
"We have reissued instructions
and will from time to time re-
mind all officers and employees
of this Service that the individual
rights of all persons must be
zealously guarded. _
"It is the policy of this Serv-
ice to assure that first and fore-
most no individual, alien or citi-
zen, has his rights violated. I as-
sure you that all necessary steps
to insure the enforcement of this
policy will be taken as the need
arises; however, if at any time
you believe that an employee of
this Service has violated the
rights of an individual, please ad-
vise the District Director or the
Deputy District Director at your
earliest convenience so that the
necessary corrective action can
be taken."
Civic Center Act Ruling
State Cour
Jans Test Oath
`or School Use
In a 4 to 3 decision, the California Supreme Court ruled
on January 25 that the test oath required under the State's
Civie Center Act for the use of schools as meeting places is
unconstitutional because it violates freedom of speech. The
ruling came in two test suits filed by the ACLU's Southern
California Branch, one in Los
Angeles and the other in San
Diego. .
Opinion By Dooling
The prevailing opinion was
written by Justice Maurice T.
Dooling, who was appointed to
the court last year. He was joined
by Chief Justice Phil S. Gibson Jr,
and Justices Robert J. Traynor
and Raymond E. Peters. A dis-
senting opinion was written by
Justice Thomas White and con-
curred in by Justices B. Ray
Schauer and Marshall McComb.
The principal opinion was
handed down in the Los Angeles
case in which the ACLU had ap-
plied for the use of the John
Burroughs Junior High School
Auditorium in which to hold a
series of monthly public meetings
on the general theme of "The Bill
of Rights in 1960." The applica-
tion was turned down because
the ACLU refused to furnish the
"Statement of Information" re-
quired by the law. Under the
court's ruling, the ACLU will
now be able to hold the meetings
without furnishing the `State-
ment of Information."
Banned Statement
The Statement is in the follow-
ing form: s
"The undersigned states that,
to the best of his knowledge, the
school property for use of which
application is hereby made will
not be used for, the commission
of any act intended to further
any program or movement the
purpose of which is to accomplish
the overthrow of the Government
of the United States by force,
violence or other unlawful means;
`Nhat. a. ee , the organiza-
tion on whose behalf he is
making application for use of
school property, does not, to the
best of his knowledge, advocate
the overthrow of the Government
of the United States or of the
State of California by force, vio-
lence, or other unlawful means,
and that, to the best of his knowl-
edge, it is not a communist-
front organization required by
law to be registered with the
Attorney General of the United
States. This statement is made
under the penalties of perjury."
Lawful Purpose
In striking down the statute,
the court said "It closes the doors
to- public meetings of the pro-
scribed organizations, while leav-
ing them open to all others, even
though the particular meeting
may be for an entirely lawful
purpose, It thus, somewhat more
indirectly, prevents assembly and
free speech in school buildings
by certain organizations because
it disapproves of the organiza-
tions and not because of what
`those organizations may intend
to say or do therein." .
- Board Argument-
The School Board argued old
free speech decisions didn't apply ~
at the present time because it
has been determined by the
Legislature and the Congress
"that the Communist Party is a-
continuing conspiracy to over-
The Story of 'Little Rock, U.S.A."
The story of "Little Rock,
U.S.A.," is told by those two
staunch civil libertarians Prof.
Wilson Record of Sacramento
State College and his wife, Jane
Cassels Record, in a book recently
published by the Chandler Pub-
lishing Company, Inc. of San
Francisco. It sells for $2.25.
The first part of the book tells
the story of the school integra-
tion crisis chronologically, from
newspaper accounts, court rec-
ords, and other documents, The
second section contains. interpre-
tive material, a spectrum of criti-
cal comment and opinion.
While the book is intended
primarily for college students, it
is an excellent record and com-
mentary on one of the most: dra-
matic events in recent U.S. his-
tory. For civil libertarians in
particular, it is an excellent
source book to have available. In
colleges and universities, the
book will, no doubt, receive wide
usage, .
throw the Government of the
United States and the State
and because the scope of the
clear and present danger rule
has been broadened and relaxed
by later. decisions of the United
States Supreme Court."
No Broadening of Definition
On the latter point the court
said, "We can find no such -
broadening of the definition of
the `clear and present danger
rule' in Dennis as explained in
Yates as to justify the exclusion
of Communist-affiliates from the
exercise of the rights of free
speech and peaceable. assembly
for lawful purposes, or to lead to
any logical conclusion that just
because they are Communists or
Communist-affiliates they will
per se advocate and teach in a
public meeting the concrete
action of forcible overthrow of
the Government if permitted to
hold such public meeting in a
school building."
No Parallel
With respect to the first point
made by the School Board, the
court answered that "The find-
ings of Congress and our Legisla-
ture that the Communist Party
is a continuing conspiracy etc. is
not a parallel. It would only be
parallel if Congress and the
Legislature had found that Com-
munists and Communist-affiliates
had advocated or taught the con- -
erete action of the violent and
unlawful overthrow of the Gov-
ernment in public meetings. No
such finding was made and we
apprehend that no such finding
could be supported by any sub-
stantial evidence. Indeed it is the
essence of a conspiracy, such as:
was found, to operate in secrecy
and not in the open light of day
or in public meetings in schools
or elsewhere.
Underlying Objection
The court also found an under-
lying objection to the statute. It
noted that the power exercised
by a school board is a prior
restraint "since it forecloses the
use of the school and prevents
the applicant from there holding
its meeting upon a prior deter-
mination of the board." But the
freedoms secured by the First
Amendment have a_ preferred
place in our democratic system.
Prior Restraint
"Against the exercise of these
paramount and preferred rights,"
said the court, "the Legislature
has attempted to set up a system
of prior restraint. Upon a find-
ing by the school board that the
school's `civic center' will be used
`for the commission of any act
intended to further...the over-
throw of the Government... by
force, violence, or other unlawful
means,' the school board is em-
powered to deny the use of the
center in advance, This amounts
te a censorship in advance of the
right of assembly and free speech
upon the mere determination of
the probability of its future mis-
use. Prior censorship upon such
a prophetic finding can certainly
only be justified, if at all, upon
the clearest sort of showing that
such misuse will with reasonable
certainty'occur. The state and the
federal government can, as the
federal government has done in
the Smith Act, make the actual
commission of such acts criminal. |
It seems obvious that attempts at
censorship by prior restraint
--Continued on Page 4
By ROBERT W. MOON
A startling piece of propaganda is being distributed
throughout the country in the form of a movie called Opera-
tion Abolition. It is being widely shown before schools and
clubs and churches, ee under sponsorship of a "patriotic"
organization.
Subject of the Film .
The incident the film portrays
occurred last May in San Fran-
cisco at a hearing called by the
House Un-American Activities
Committee. The committee sub-
poenaed several alleged commu-
nists for public interviews. Stu-
dents from several Bay Area col-
leges and universities decided to
exercise their lawful rights of
protest and petition by picketing
the hearings. Among other
things, they were concerned
about the committee's refusal to
publish their sources of informa-
tion and to allow witnesses the
opportunity to cross-examine
their accusers. The students took
careful precautions to guard
against infiltration of their ranks
by outsiders; each wore an iden-
tifying arm band. They agreed
that there was to be no violence,
that they would follow their own
chosen leaders and not be misled
by any subversive persons who
might be around.
- Students Provoked
As picketing got under way,
however, some of the students
were provoked beyond their abil-
ity to maintain their self-imposed
disciplines. Among the provoca-
tions were the failure of offi-
cials to keep their promise to al-
locate to some of the students
seats in the hearing room, and
the fumbling and brutality of
policemen on the scene. The stu-
dents became noisy-too noisy.
Finally the officers on duty turn-
ed fire hoses on them and liter-
ally washed. them out. of the
building.. where the _ hearings
were being held.
After it was all over the House
committee subpoenaed films of
the demonstration which had
been taken-by Bay Area televi-
sion stations. These it turned
over to a commefcial firm, Wash-
ington Video Producers, Incor-
porated, which edited sections of
the film into a movie, Operation
Abolition. The movie carries no
eredit lines; apparently no or-
ganization is willing to admit re-
sponsibility for it. Congressman
Francis E. Walter, chairman of
the committee, is shown at the
Opening of the film and appears
as one of the commentators. An
employee of the committee is
the narrator.
_ Dishonest Portrayal
As edited, the movie attempts
Record of City Hall
Incident on Sale
By SLATE
SLATE, the campus political
_ party at the University of Cali-
fornia in Berkeley, has produced
an excellent L.P. record about
the May, 1960 protest against the
House Committee on Un-Ameri-
can Activities hearings in San
Francisco entitled, "The Sounds
of Protest." Any deficiences in
the record are supplied by a
_ fourteen-page statement and an-
- alysis of the incident by Robert
H. K. Walter.
Walter is a member of the Cali-
fornia Bar. During the years 1957-
1959, while associated with Stiles
Hall, he administered a founda-
' tion-financed project of educa-
tion in the meaning and applica-
tion of the Bill of Rights, directed
to the University of California
(Berkeley) community.
The record (and pamphlet)
costs $2.00 or three copies for $5.
All orders should be sent to:
SLATE, P.O. Box 893, Berkeley
1, Calif. Prices include postage.
The record is also available in
some shops in the Bay Area.
If you want an authentic ac-
eount and analysis of the City
Hall demonstration instead of the
inaccuracies and distortions of
"Operation Abolition,' buy the
record and the pamphlet.
honesty of communists.
to prove that the students were
inspired and led by communists.
But it is not an honest portrayal.
The men who wielded.the scis-
sors cut all the sequences pictur-
ing the provocative acts by police
officers, acts of which a New
York Post newsman-said, "Never
in 20 years as a reporter have`I
seen such brutality," acts which
were reported also in the stories
carried by the New York Times,
the San Francisco Chronicle and
the Oakland Tribune.
The film does not show the
eare taken by the students to
prevent infiltration, violence and
rioting. The narrator talks about
violence on. the part of the stu-
dents, but there are no pictures
of such violence. As a matter of
fact, with a few minor exceptions
there was none. Sheriff Matthew
Carberry could report that
"there was no act of physical ag-
gression on the part of the stu-
dents"; he also reported that
when he spoke to them the stu-
dents were attentive and respon-
Sive.
Chronology Changed
By manipulating their scissors
the producers managed to change
the chronology of events so that
acts that did not happen conse-
cutively are shown as if there had
been a causal relationship be-
tween them - a relationship
which did not exist.
In the introduction to the film
Congressman Walter dramatical-
ly warns that the audience will
see "known communists" at
work. He names them. He delib-
erately plants the implication
that the communists. were there
to inspire and lead the student
demonstration. The truth is that
the communists were there be-
cause the committee had sub-
poenaed them. :
As it now stands Operation
_Abolition is a disturbing film. It
has had a frightening effect on
some audiences which have seen
it. In'some cases viewers in their
emotional response have given
vent to comments that indicate
the presence among us of fascist-
ic tendencies to which we like to
think Americans in this day are
`immune.
Dishonest Tactics
My concern is not to defend
the students; some of them
"were provoked into doing what
they should not have done. My
concern is that an agency of our
government should have a hand
in a distortion of the actual
story so gross that the net effect
is a lie. The House Un-American
Activities Committee has had a
great deal to say about the dis-
Yet in
its part in the doctoring of: this
film it has resorted to dishonest
tactics of the same sort as those
used by communists. It has sub-
verted the American ideals of
truthfulness, fair play and jus-
tice. This kind of propaganda
does not contribute to the de-
velopment of an informed public
opinion; instead, it obscures the
issues, blunts our ability to dis-
tinguish truth from falsehood,
deliberately incites fascistic. at-
titudes among a democratic peo-
ple. The committee would have
done well to consult its own chief
_investigator for the west coast,
who publicly admitted, on the
Goodwin. Knight television pro-
gram, that the movie as edited
contains inaccuracies and distor-
tions.
7
The foregoing article appeared
in the January 4, 1961 issue of
The Christian Century. Its
author is presently minister of
the First Methodist Church in
Fresno. Mr. Moon formerly serv-
ed churches in San Leandro and
San Francisco. He is a former
member of the Board of Direc-
tors of the ACLU of Northern
California.
Maillard for
Change in HUAC
Procedures
Congressman William S. Mail-
lard of San Francisco has devel-
oped an answer for persons who
urge him to work for abolition
of the House Committee on Un-
American Activities. Says Mail-
lard, "I have not always approved
of the procedures and methods
that have been followed by this
Committee, but I do not feel it is
fair to state that it has served
no useful purpose." Since we are
spending so much on defense, "it
only seems reasonable" to him
that Congress should have a com-
mittee "look into the operations
in the U.S. of the Communist con-
spiracy. This is required in part
because, by Departmental order,
the FBI is precluded from mak-
ing information in its files avail-
able to Congressional commit-
tees." :
Maillard also points out that
both the House and the Senate
have committees with similar re-
sponsibilities, and that there has
been little recorded opposition
raised to the House Committee's
annual appropriation. Indeed, he
feels that if the Committee were
abolished some other' group
would have to assume the respon-
sibility "in order to fulfill a basic
duty of the House."
Maillard says, finally, that he
would "be most sympathetic to
any constructive proposal that
might improve the rules or pro-
cedures of the Committee on Un-
American Activities, but for the
reasons I have given above, I
must respectfully disagree that
I should work to abolish: it."
Democratic
Club in Napa
Opposes HUAC
The Napa Democratic Club last
month went on record as opposed
"to the Un-American activities of
the House Un-American Activi-
ties Committee,
to the preparation and sale of
the highly inflammatory film
`Operation Abolition' and the
wasteful expenditure of the tax-
payer's money in this public dis-
service."
The resolution also directed a
request "to the Chairman of the
House Administration Commit-
tee; that no further funds be allo-
cated to the House Un-American
Activities Committee, and that
steps be taken to abolish the
Committee."
-The resolution noted that "Op-
eration Abolition" is being shown
to many groups, both private and
governmental, in the Napa area.
"In many instances," says the
resolution, "the film is being in-
troduced by speakers who make
irresponsible and fallacious state-
ments pertaining to the intent
and responsibility of the student
, demonstrators
and the many
groups and individuals objecting
to the hearings and techniques
used by the' HUAC,
and especially -
`Comm. on Un-American Activities
Faces Hea rin ts x
The drive toward abolition of the House Un-American
Activities Committee received new emphasis on January 3.
when the chairman of the House Administration Committee
agreed to hold hearings on appropriations for the controver-
sial congressional unit.
In response to a strong denun-
ciation of the House Committee
by Representative James Roose-
velt (D., Calif.) in an open letter
to all members of the Congress,
Representative Omar Burleson
(D.; Tex.) said that Roosevelt or
any other member of Congress
will be "most welcome to testi-
fy ... on the appropriation re-
quest" of the HUAC. `"Further-
more, you have my assurance
that at the time the bill is
brought to the floor, either Mr.
Friedel (Congressman Samuel N.
Friedel, D., Md.) or myself...
will be glad to yield to you for
whatever statement you wish to
make." -
No Public Hearings
Burleson turned down Roose-
velt's. suggestion that the hear-
ings be public. This idea had
been advanced in an effort to fo-
cus new attention on the HUAC's
violations of civil liberties. Point-
ing up the straight financial
function of the House Adminis-
tration Committee, Burleson said
that public hearings are not held
on budget requests of congres-
sional committees and he saw no
justification for `outside indi-
viduals or representatives of or-
ganized groups to appear before
the Committee, the principal pur-
pose of which is to furnish a fo-
rum for discussion." After citing
the ways in which*Roosevelt and
other congressmen backing
curbs on the HUAC could pre-
sent their argument, Burleson
concluded that "it appears cer-
tain that the opposition which
you represent will have adequate
expression without open public
hearings. . .."
Although the request for pub-
lic hearings was rejected, civil
libertarians welcomed the Burle-
son statement. It was the first
time in several years that a con-
gressional body had recognized
the opposition to the HUAC's
continuation and the testirhony
before the Administration Com-
mittee will result in a public re-
port that should assist in the
continuing educational campaign
against the HUAC.
Roosevelt Letter
In the open letter to his fellow
congressmen, Roosevelt urged
that they "scrutinize with the
greatest care' the HUAC's
Literature About HUAC
For Sale at ACLU Office
The following literature concerning the House Committee
on Un-American Activities can be ordered from the ACLU,
903 Market St., San Francisco. Please accompany your order
with a check, cash or postage stamps.
1. The Dragon Slayers. A 12-
page reprint from the April 25,
1960 Congressional Record of
Congressman James Roosevelt's
Speech in Congress. 10c per copy.
2. Why Should Congress Abol-
ish the House Un-American Ac-
tivities Committee? A 4-page leaf-
let containing an excerpt from
the ACLU's testimony to the 1960
Democratic and Republican _plat-
form committees; the text of a
1956 ACLU letter to The New
York Times on the unconstitu-
tionality of the HUAC's mandate
with appropriate reference to the
1959 U.S. Supreme Court decision
in the Barenblatt case where the
Court held, by a 5-4 vote, that the
mandate was not unconstitutional
and an excerpt from Justice
Black's dissent in that case;
copies of editorials from the San
Francisco Chronicle, the New
York Herald-Tribune, and The
New York Times; a short list of
prominent persons who support
abolition of the Committee; an
editorial from the Washington
Post on the "Operation Aboli-
tion" film; and suggestions for
action by individuals. 5cent per copy.
3. A Movie With a Message. A
reprint of a 1-page article on the
"Operation Abolition" film, by
Paul Jacobs, from the November
24, 1960 issue of The Reporter
Magazine. 5c per copy.
4. Guilt by Subpoena. A re-
print of an article by Patrick
Murphy Malin, ACLU Executive
Director summarizing the civil
liberties abuses of the Committee
over the years, from the January,
1960, issue of The Progressive
magazine. 5c per copy.
budget request. He pointed out
that the HUAC had not really
added to the nation's security
and had inflicted serious damage
on civil liberties in the United
States. ". . . apart from accom-
plishing nothing constructive,"
he wrote, "the Committee has
done positive damage to this
House-and to this Nation. It has
helped to poison the invigorating
atmosphere which once encour:
aged the flourishing of demo-
eratic dissent. It has blackened
our reputation abroad, and at
home, and it has frightened into
silence citizens who may have
something important to say. Its
methods have been reprehen-
sible."
Committee Smears Opponents
In the past nine months, the
Roosevelt letter declared, the
HUAC has made a tremendous
effort to obscure the real issues
posed by its activities. "It has
done this through a massive pro-
paganda effort designed to prove
that all its opponents are Com-
munists," the letter said. "If the
Committee has proved its point,
it has done so by employing the
brand of logic not accepted in
the United States since the
Salem witch trials. The basic
canon of this resurrected logical
system is very simple. It goes
this way: the Committee is anti-
Communist; anyone who opposes
the Committee is therefore an ~
anti-anti-Communist; since the
product of two negatives is a
positive, anyone who opposes the
Committee is a Communist, or at
the very least, a CURE of the
Communists."
Operation Abolition
As an example of the HUAC's
current drive, Roosevelt cited
the Committee's production of a
motion picture "Operation Aboli-
tion," which is being shown wide-
ly throughout the country, in
schools, service organizations,
women's "clubs, military units,
and by TV stations and private
employers. The film concerns it-
self mainly with the demonstra-
tions which took place in San
Francisco last May against the
Committee. Its major thesis is.
that the Communists want to see
the Committee abolished and or-
ganized the protest demonstra-.
tion which ended in the police
using fire hoses to quell the
shouting demonstrators. "How-
ever," Roosevelt said, "it never
for one second acknowledges that
others - many others -- who are
neither Communists or Commu-
nist dupes also are in favor of
the same objective for thoroughly
legitimate reasons and in a tho-
roughly legitimate fashion. ...
The copywriters for an import-
ant industry in my home state
tell us that movies are better .
than ever, but it is doubtful that
`Operation Abolition' will be
cited as an example. No Oscars
are in prospect, and there prob-
ably will be no awards either
for accuracy, honesty-or mod-
esty. Yet the film has one fur-
`ther distinction that deserves to
be recorded: this is the first time,
as far as I know, that a House
Document has been used to make
a profit for a commercial enter-
prise."
Educational Campaign Needed
Recalling his April 25, 1960 ad-
dress to congress urging the
HUAC's abolition, Roosevelt said
he would not now press again for
-Continued on Page 4
ACLU NEWS
February, 1961
Page 3
No Moral Turpitude
8
Accepting the recommendation of a hearing officer, the (c)
California State Board of Education last month decided that
conscientious objector John Leslie Martinson of Berkeley
had not been convicted of an act involving moral turpitude in
refusing to submit to induction into the Armed Forces and,
therefore, was entitled to receive
an Adult Education Credential
to Teach English to the Foreign
Born. The action of the hearing
officer and the board reversed a
decision of the State Credentials
Commission in Berkeley.
Martinson is a graduate stu-
dent in history at the Univ. of
' California. He is married and is
_ the father of two children.
The Facts
The facts in the case were un-
disputed. Martinson's draft board
had recognized him as a conscien-
tious objector and he was as-
signed to serve as an orderly in
a small cooperative hospital in
Minnesota. After completing a
portion of his service, Martinson
became convinced that the draft
law was basically unfair and vio-
lative of the principle of the
separation of Church and State.
He contended that the State
should not have the right to fa-
vor "religious" over "non-reli-
gious" grounds for an individu-
al's conscientious objection to
war. He also reasoned that it was
unfair to discriminate against re-
ligions which could not meet the
criterion of a belief in a "Sup-
reme Being."
C. O. Benefits Rejected
Since he had benefited under
a law which was in his opinion
discriminatory and arbitrary and
in conflict with the First Amend-
ment guarantee of separation of
Church and State, Martinson felt
he could not continue to accept
such benefits and so advised his
draft board and the hospital to
which he was assigned.
The draft board classified him
"1A" and ordered him to report
for induction. He reported for in-
duction but refused to take the
oath. He had hoped as a defense
to any prosecution to claim that
the: draft law was unconstitu-
tional, but he was not allowed to
raise this defense since his own
claims as ah objector had previ-
ously been recognized. He was
found guilty and sentenced. to
What's
in A Name?
-a new ACLU member
possibly.
Last month ACLU members
received an appeal for names
of friends or associates "who
share our principles and aims"
but are not yet members.
Many have sent in lists filled
with names of people likely
to join. Many more are still
out - lying on your desk or
in your "to-do" niche. Please
-put your mind and hand to it
today.
"Your thoughtful recommen-
dations make up the sum and
substance of our membership
drive, Remember, in making
out your list, that its value lies
in the quality - not quantity
-of your names, It's the liber-
tarians you know - those peo-
ple sincerely concerned with
the state of our civil liberties
-who respond to ACLU's pro-
gram, We are not disregarding
your other friends, They count
too, but for an education, not
solicitation, campaign, For a
growing, strong membership,
we need the names of those
friends who are aware of the
impelling need and ready to
ACLU.
give support for the work of |
"ACLU NEWS
February, 1961
Page 4
prison in April 1957. He was re-
leased on probation in May 1958,
and satisfactorily completed his
probation in April 1959. During
his period in prison he taught
foreign born prisoners.
Precedent for Decision
The Martinson decision is
based on a recent court prece-
dent. In December, 1958, Super-
ior Judge Jay L. Henry of Sac-
ramento in the case of Arthur P.
Clark decided that: "moral turpi-
tude is not inherent in the
crime" of draft evasion and that
"Conviction alone (of that of-
fense) . . . does not warrant a
denial of a teaching credential."
Also, on May 16, 1959, in a case
ACLU `handled, Milo Keith Barn-
hart, a member of the Church of
the Brethren (an historic peace
church), was granted a General
Secondary teaching credential.
The State Board. of Education
reversed the Credentials Com-
mission and accepted the recom-
mendation of a hearing officer
that Barnhart was "rehabilitat-
ed.
into the Army after his claims as
a C.O. had been rejected, and he
was convicted as a draft evader.
A similar decision was made in
the case of Arthur Eugene Duffy
decided a couple of months be-
fore that.
Martinson was represented by
Albert M. Bendich, former ACLU
Staff Counsel, and. Marshall W.
Krause, present Staff Counsel.
High State Court
Bans Test Oath
For School Use
- Continued from Page 2-
should be more closely scruti-
nized to detect constitutional
infirmity than such post hoe
methods of restraint by criminal
sanction. The danger of censor-
ship in` advance is that, in at-
tempting to prevent the com-
mission of forbidden acts in ad-
vance, it will also, prevent lawful
assemblies and the lawful exer-
cise of free speech upon an er-
roneous (even if plausible) find-
ing in advance that the applicant
intends to engage in unlawful
assembly and unlawful speech,...
Unlawful Acts Secret
"It does not appear that dis-
closure of membership in the
Communist Party or any of its'
affiliates or supporting organiza-
tions has a reasonable tendency
to prove that the forbidden acts
would be committed in a public
meeting in a school building, The
`Dennis and Yates cases, the many
congressional and legislative in-
vestigations, and the intensive
- and not always successful efforts -
of the F. B. I. to uncover subver-
sion all teach us that acts of
unlawful incitement when com-
mitted are secretly committed in
carefully selected groups, not
openly in public meetings. In
Yates, for example, no criminal
incitement was proved in any
public meeting and no such
criminal incitement was ever
published in the Daily People's
World. We cannot escape the con-
clusion that the legislation under
attack requires an unconstitu-
tional disclosure and attempts to
create an unconstitutional power
- of prior restraint upon the rights
of free assembly and free speech.
It has more than once been sug-
gested that in the _ struggle
against the Communist threat,
we must be careful not to adopt
the Communist methods lest we
sacrifice our precious freedoms
He had refused induction -
Calling All Volunteers
Clerical and Artistic
With the HUAC Conference
going into high gear (see story
page 1) and the Membership
Campaign tooling up (see
story page 1), volunteer help
is. the order of the day in the
office.
Your skills - in-typing, fil-
ing, stuffing envelopes, stamp-
ing and pasting - can be pro-
ductive, with telling results,
for civil liberties. Clerical
work takes on a creative hue
in the affirmative atmosphere
of ACLU.
The HUAC Conference
needs artists
with a knack for posters and
signs to spread the attractive
word about the all-day session
on March 11.
Whatever your talent, im-
portant work and a cheery
welcome await you in the of-
fice, Just call Jeannette Harris
at EXbrook 2-4692 to say what
kind of help and what day (or
hours) of the week you have
to give, or drop her a note at
the ACLU, 503 Market St., San |
Francisco 5.
and letterers |
Request for
Appropriation |
Faces Hearing
Continued from Page 3-
-his resolution. He noted it is still
politically dangerous for many
congressmen to express through
a direct vote "their innermost
feelings about the Committee. I
know because they have told me.
This, I think, presents a chal-
lenge to the press, to the other
members of the intellectual com-
munity, and to all who have the
power to inform-or misform-
the public. May I express the
hope that they will rise to the oc-
casion and perform their educa-
tional tasks honestly and well so
that soon it will be possible for'
Congressmen to vote their con-
victions and do away with this
Committee." Roosevelt pointed to
such newspapers as The New
York Times, The San Francisco
Chronicle, The Washington Post
and The St, Louis Dispatch and
such organizations as the Ameri-
can Civil Liberties Union, the
United States National Student
Association, the American Fed-
eration of Teachers (AFL-CIO)
and the American Jewish Con-
gress as examples of important
national bodies which support
abolition of the HUAC,
Two-Front War
The letter asserted that there
were many persons, including
those in the Congress, who were
"versatile enough to fight-and
ultimately to win-a _ two-front
war: against Communism and
against this Committee. Someday
-very soon, I hope-there will
be enough of us in this House to
relegate the Committee to the
dustbin of history."
in the very effort to preserve
them....In the balancing of the
preferred rights of peaceable
assembly and freedom of speech
against the more than doubtful
likelihood that Communists or
Communist supporters would be
so rash as to subject themselves
to the certainty of criminal prose-
cution by committing `acts' in ~
a publie assembly proscribed by
this statute, the balance should
fall on the side of protecting the
constitutionally guaranteed free-
doms."
Unconstitutional Conditions
In striking down the previous
loyalty provision of the Civic
Center Act in the Danskin case,
the court noted that "the state
is under no duty to make school
buildings available for public
meeting" but if "it elects to do
so...it cannot arbitrarily pre-
vent any member of the public
from holding such meetings...
"nor...make the privilege of
holding them dependent on con-
ditions- that would deprive any
members of the public of their
constitutional rights. A state is
without power to impose an un-
constitutional requirement as a
condition for granting a privilege
even though the privilege is the
use of state property."
Compulsory ROTC at U.C.
Jniform Given 'F' |
James L. Creighton, vice-president of SLATE, the campus
political organization at the University of California, Berk-
eley, was given an "F"'
in ROTC last month after he engaged
in peaceful picketing against ROTC while wearing his cadet
uniform. Col. J. T. Malloy, head of the University's ROTC
program, had been quoted in the
"Daily Californian" as saying, "If
any uniformed cadets should take
part in the picketing they might
find it difficult to pass the
course." Creighton said he had
received an "A" in the course up
to the time of the picketing.
Col. Malloy Silent
Col. Malloy refused to answer
a letter from the ACLU asking
him to confirm the statement
attributed to him, and he also de-
clined to tell the ACLU whether
any Army regulations restrict the
wearing of uniforms by cadets,
and, if so, whether such regula-
tions had been called to the at-
tention of the cadets.
Creighton tried to find out
what his final grade would have
been if he had not picketed, but
he could get no reply from any-
one in authority at the ROTC
office, He has now filed an appeal
with the appropriate committee
of the Academic Senate, as sug-
gested by former Chancellor
Glenn T. Seaborg in a letter to
the ACLU, A decision. is being
awaited.
Reply from Washington
The ACLU also sought to se-
Mid-Peninsula
Meeting Fills
The Heuse
The Mid-Peninsula chapter
membership meeting on January
19 turned out a full-house. With
over 150 people attending, the
All Saints Parish House, in Palo |
Alto, was filled to capacity. Dick
Wasserstrom, chapter chairman,
led the evening's program, which
divided into five different discus-
sion groups touching on practi-
cally every area of civil rights.
(see January NEWS for group
topics and speakers)
Ten to 35 people participated
in each group, with discussion
going on into the wee hours. Even
the announcement for refresh-
ments made no dent on the en-
thusiasm and intentness - coffee
and cake had to be served to the
groups because nobody would
take a break. Out of the evening,
five groups established them-
selves on an on-going basis, to
meet regularly -in members'
`homes for continued study of
their problem areas and eventu-
ally to make recommendations
to the chapter. Discussion leaders
were: Ernest H. Norbach, Rich-
ard G. Gould, Abraham Berry
and Oliver Henderson.
g
Is the right
To be responsible.
cure from the Secretary of the
Army copies of regulations re-
stricting the use of the uniform
by cadets. The ACLU received a _
response signed by Lt. Col. Ed-
ward A, Owsley, Executive Offi-
cer, Office of the Chief, U.S.
Army Reserve and ROTC Affairs.
The question wasn't answered
but instead the ACLU received a -
revealing statement of the "vital
secondary mission" of the Army
ROTC program. This mission "is
to impart valuable citizenship
training, develop leadership po-
tential and stimulate and moti-
vate the student for future serv-
ice in behalf of the nation, his
community and his fellow man.
This training is upheld by the
Army as valuable beyond estima-
tion in the development of
healthy, public spirited citizens,
who are aware of their responsi-
bilities' of American citizenship
and of the danger and threat that
Communism presents to the Free
World, and who are willing
through self-sacrifice to. assume
these responsibilities in whatever
professional pursuit the college
_ student may elect to pursue.
Army Favors Compulsory ROTC
"We are of the firm convic-
tion," the letter goes on to say,
"that the required course is es-
sential in order to attain the ob-
jectives of the program. Although
the Army emphatically favors
the conduct of the required basic
course it is recognized that the
conduct of the ROTC program on
a required elective basis is the
prerogative of the individual edu-
cational institution or the state
legislature.
Counter-Measures
' "Because we are so firmly con-
vinced that the basic course
should be required, the Army
views with great concern the en-
deavors of a vocal minority to
induce educational institutions to
adopt an elective basic ROTC
course. Accordingly, we must on
some occasions adopt counter-
measures and make our position
very clear concerning this pro-
gram which we consider so vital
to our national defense." (Em-
phasis supplied.) One can only
conclude that in this instance the
. Army has adopted the counter-
measure of flunking a peaceful
picket. This is an alarming abuse
of authority by the Army,
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