vol. 26, no. 2

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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