vol. 28, no. 7 (August)

American

Cuil Liberties

Union

Volume XXVIII

SAN FRANCISCO, AUGUST, 1963

Army Disciplinary Proceeding |

feservists.

Right To Speak

Jut Upheld

On July 22 the Army abandoned its efforts to discipline

Pvt. Thomas L, Clark, a member of the Standby Reserve,

who had criticized the Government's Cuban policy. The Army

had sought Clark's discharge on grounds of unsuitability and

informed him that he might receive an undesirable discharge

-a discharge under other than

honorable conditions.

Records Reviewed

Ernest Besig, ACLU executive

director, who was scheduled to

represent Clark at a hearing be-

fore an administrative board on

July 26, was informed "that

Lieutenant General John L. Ryan,

Jr., Commanding General, Sixth

United States Army, has reviewed

the records in the case of Private

First Class Thomas L. Clark and

has concluded that it is preferable

that Clark be held to the com-

pletion of his military obligation

rather than face an administra-

tive board which could recom-

mend his discharge." Clark, 25,

served two years on active duty,

from 1958 to 1960, and will have

fulfilled his reserve obligation on

March 11, 1964. He is presently

residing in Napa.

Letter by Clark

The Army's disciplinary action

was based on a letter Clark wrote

at the time the U.S. naval block-

ade of Cuba was established. On

October 24, 1962, he wrote to the

Post Commander at the Presidio

as follows: `""As a member of the

- Standby Reserve unit at the Pre-

sidio, I want to advise you, be-

fore any possible reserve call-up

takes place, that I have no inten-

tion of obeying such a recall. I

take this action in protest of our

naval blockade of Cuba, a policy

I regard to be dangerous, foolish

and immoral. I regard President

Kennedy's decision to be ill-con-

- ceived and irresponsible, prompt-

ed more by domestic political

consideration than by threats to

the security of the United States.

I have no intention of sanction-

ing this decision, so please be

forewarned that I will ignore any

reserve call-up which involves

me,"

ACLU Contention

The ACLU contended that

Clark could not be penalized for

expressing his opinions and that

if the Army no longer wanted

him he would have to be given a

discharge that reflected the char-

acter of his active service, which,

in this case, was honorable.

Clark explained to the press

that his `reason for writing the

letter was not to influence any-

one; I wanted merely to formally

dissociate myself from the Cuba

policy of the Kennedy administra-

tion, insofar as I am in the re-

serve and might possibly have

been called to participate in the

invasion of Cuba.

No Overt Act Committed

"I realize that my position is

an untenable one from the

Army's point of view, but on the

other hand, I don't think the

Army has a right to punish me

for merely expressing my opin-

ion. I have, after all, committed

no overt act.

"The crux of the matter is this:

Does the Army have the right to

curb the freedom of expression

of an individual no longer on

active duty even if his expression.

suggests prospective civil dis-

obedience?

Projected Future Conduct

"The Army is proposing to pun-

ish me not for actual misconduct

but for projected future conduct,

and I don't believe they have the

right to do this. I am not a

pacifist .. . but my conscience is

the highest authority I recog-

nize, and this is bound to cause

occasional conflict."

An Army spokesman stressed

that Clark was not involved in -

any question of security and that

the case was unprecedented. Only

time will tell whether the Army's

cancellation of the hearing means

that it will in the future not at-

tempt to penalize reservists for

the expression of their opinions.

Freedom Medal

Awarded to

Dr. Meiklejohn

Dr. Alexander Meiklejohn, one

of the founders of the ACLU of

Northern California, and pres-

ently one of the board's two vice

chairmen, was one of 31 dis-

tinguished world figures who

was awarded the Presidential

Medal of Freedom-.on July 4. It

is the highest civilian award that

a President can bestow in peace-

time. It is given to a person

"who has made an especially

meritorious contribution to the

security or national interests of

the United States, world peace,

or cultural or other significant

public or private endeavors."

The winners will receive the

award in a special White House

ceremony in September.

Acknowledging the award in a

letter to President Kennedy, Dr.

Meiklejohn said: `Thinking of

my 30 companions, rather than

myself, and of the years to come

as well as of the specific occa-

sion, may I offer you my hearty

congratulations upon your execu-

tive order under which the

awards are made.

"Freedom is our highest, most

characteristic, as well as our

most perplexing national value.

In the midst of our current con-

fusion, it is therefore good to

see the leader of the people call-

ing our attention to that interest

which is, for all of us, the mat-

ter of deepest concern."

The Presidential citation to

Dr. Meiklejohn said in part: "An

exceptionally gifted teacher,

Doctor Meiklejohn dedicated a

lifetime of effort to inspiring his

students to make excellence their

goal and individual thinking

their guide.

"Multitudes of students have

gone forth into their careers as

better men and women as a con-

sequence of their respect for his

integrity and their affection for

his spirit... ."

Dr. Meiklejohn resides with

his wife Helen at 1525 La Loma,

Berkeley. He celebrated his 91st

birthday last February 3. _

Number 7

In This Issue

ACLU Attacks New Passport

Loyalty Oath ......... p.4

Calif; Supreme Court Hits

De Facto Segregation... .p. 4

"Freedom Is Essential to

- Learning," Says Tom

Braden 7 2

Results of 1963 Membership

Campaign ........... p. 4

- U.S. Will Appeal Dismissal

of Hartman Indictment. .p. 2

' White House Ends Newsstand

Mag. Censorship ....... p.3

Public Hospital

Bars Medic But

Gives No Reason

The Board of Directors of the

ACLU voted unanimously last

month to accept the principle

that membership on public hos-

pital staffs is a right the denial

of which to a qualified doctor re-

quires the hospital to give the

doctor a statement of reasons

and an opportunity to refute

those reasons.

Decision To {ntervene

The vote came with a decision

to intervene on behalf of Dr. Ben

Rosner whose application for

membership on the staff of San

Mateo County General Hospital

was denied without reasons be-

ing given by H. D. Chope, M.D.,

Director, Department of Public

Health and Welfare of San Ma-

teo County. Membership on the

hospital staff (not a paid posi-

tion) is required for a doctor to

hospitalize his patients and is

highly desirable for a doctor

seeking to establish contact with

other doctors in the community.

Opportunity To Answer

Tf a doctor may be denied

membership without reasons be-

ing required then it is clear that

illegal or unconstitutional rea-

sons such as racial, religious or

political might be used which, if

exposed, would not stand the

light of day. On the other hand,

if there are good reasons, medi-

cal or otherwise, then the doctor

affected should be informed of

them so that he may test their

sufficiency or refute their ac-

curacy.

Previous Court Ruling

Dr. Rosner previously won a

decision in the California Su-

preme Court involving another

hospital holding that `"incom-

patibility" was not a sufficient

reason to deny staff member-

ship. -M.W.K.

S. F. Municipal Court

_ San Francisco. Municipal Court Judge Clayton W. Horn

ruled on July 18 that Penal Code sec. 647a(2) is so vague

and indefinite that it violates the due process clauses of the

California and U.S. Constitutions and is consequently void

and unconstitutional. The statute was challenged by ACLU

staff counsel Marshall W. Krause

in a demurrer filed on behalf of

two residents of the North Beach

area, Everett Hill and William

"Gordo" Sandness, who were ar-

rested on June 4th at 10 a.m.

while stretched out on the grass

of Washington Square park. |

Vagrancy Charge

The two defendants were ac-

cused of being vagrants under

the definition given by sec.

647a(2) as follows: "Every per-

son who loiters about any school

or public place at or near which

children attend or normally con-

Nudist Pictures

Oked by P.O. and

Customs Service

The General Counsel of ttre

Post Office Department last

month ordered the release of

several mailings of nudist photo-

graphs addressed to Leif Heil-

berg of San Francisco, photogra-

pher and foreign correspondent

for U.S. nudist magazines.

Heilberg's photographs must

be especially pure because first

of all, after. some delay, they

were ruled admissible by the

U.S. Customs Service under its

yardstick of gbscenity (whatever

that is). Then, the Customs Serv-

ice turned the pictures over to

the Postal Inspector's office in

San Francisco to determine

whether they were mailable un-

der the postal laws and regula-

tions.

The Customs Service and Post

Office rulings were both made

in Washington but the agencies

acted independently and the

photographs made two different

trips to Washington. One would

think that the Washington of-

fices of these agencies would

communicate directly with each

other instead of dealing only

with their own local offices.

In any case, Leif Heilberg

now has his photographs-four

months late. Final action by the

Post Office was stimulated by

phone calls and a letter from

the ACLU.

Prussion "An Unreliable

Witness,' Says Gen'l Mosk

The ACLU is representing Mr. and Mrs. William Mack,

former teachers accused of signing false oaths, in a case

now pending in the District Court of Appeal challenging the

revocation of their teaching credentials. The chief witness

against the Macks at the hearing on their credential revoca-

tion was one Karl Prussion, self-

styled "FBI counterspy within

the communist conspiracy."

Prussion's credibility as a wit-

ness was strongly attacked in the

ACLU's opening brief filed with

the court, and now in the reply

brief signed by Attorney Gen-

eral Stanley Mosk and Deputy

Attorney General Wiley Manuel,

the State Board of Education's

attorneys, it is stated: "The At-

torney General stipulates, be-

lieving it to be in the public in-

terest, that the witness Karl

Prussion is an unreliable wit-

ness and that his testimony be

eliminated from consideration

by the court in deciding this

ease." :

Professional Ex-Communist

Prussion publishes and edits a

periodical entitled "Heads. Up".

and has been a witness before

the House Committee on Un-

American Activities, the Assem-

bly Interim Committee on Con-

stitutional Amendments, and is

a frequent speaker on the men-

ace of Communism before serv-

ice clubs and similar organiza-.

tions. He was formerly a resident

of Los Altos but has evidently

found a more fertile field for

his activities in San Diego where

he now resides. It is hoped that

his repudiation by the govern-

ment agency which attempted to

use him as an expert witness on (c)

communism will mark the end

to one of the most extremist

demagogie careers since the vo- -

eation of ex-communist was dis-

covered.-M.W.K.

gregate is a vagrant, and is pun-

ishable by a fine of not exceed-

ing five hundred dollars or by

imprisonment in the county jail

for not exceeding six months, or

by both such fine and imprison-

ment." The ACLU's attorney

pointed out in his argument that

no children need to be present

to commit the crime nor need

any act be committed other than

the mere status of "loitering." |

Court's Reasoning

Judge Horn discussed

statute in an 18-page memoran-

dum opinion in which he wrote:

"What is a public place at or

near which children attend or

normally congregate? Easily in-

cluded would be the tennis

courts in Golden Gate Park,

many other areas in the park,

a football game, basketball game,

or any school sport open to the

public, the many small parks in

San Francisco, a circus, skating

rink, ete. Many people today

have time on their hands be- ~

cause of retirement, senior age

or other reasons. If one desires

to sit on a bench in a public park

near to children at play, to idly

watch and bask in the sun, en-

joying the fresh air and the joy

of living, is that person to be

classified as a vagrant with a.

Sinister motive? Logicaily -no,

but under 647a(2) such a per-

son could be arrested, charged,

and possibly convicted under

such broad language." The

Judge concluded, "That the va-

grancy concept is decadent and in

conflict with modern constitu-

tional law must be recognized.

the language would compel a

multichotomy of interpretation,

according to the vagaries of the

individual."

Appeal Possible

The district attorney has the

right to appeal the decision and

if he does so the ACLU will

press for an affirmance in the

higher court.-M.W.K,

Jack Owens

Resigns His

Teaching Job

Jack Owens, who won rein-

statement to his teaching job at

Lassen Junior College last Oc-

tober 15, after a 34-year fight,

has resigned his position and is

now residing with his family in

Redding.

"I had a wonderful year, but

I had long ago moved my family

here,' Owens is quoted as say-

ing. "I went back to show that

-contrary to what was charged

at my trial-only a very few

people in the community were

hostile to me. I had a fine recep-

tion and I'm leaving on good

terms with the people there."

Owens was dismissed on

charges of `unprofessional con-

duct" for writing five letters to

the "Lassen Advocate," a week-

ly paper, criticizing public edu-

cation in Lassen county and the

California Teachers Association,

The dismissal was upheld by

the Superior Court but reversed

by the District Court of Appeal,

after which the Supreme Court

refused a hearing by a 5-2 vote.

Owens was reinstated to his job

with $15,545 in back pay. He has

no definite plans for the future.

the

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union. of Northern California

Second Class Mail privileges authorized at San Francisco, California

ERNEST BESIG.. . Editor

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

Subscription Rates - Two Dollars a Year

Twenty Cents Per Copy

Ralph B. Atkinson

Dr. Alfred Azevedo

Prof. Arthur K. Bierman

Rev. Richard Byfield

Prof. James R. Caldwell

William K. Coblentz

Richard DeLancie

John J. Eagan

Rabbi Alvin I. Fine

Mrs. Zora Cheever Gross

Prof. Van D. Kennedy

Rev. F. Danford Lion

Prof. Seaton W. Manning

Honorary Treasurer:

- Joseph M. Thompson

Honorary Board Member

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

Joseph Eichler

Morse Erskine

Dr. H. H. Fisher

Mrs. Margaret C. Hayes:

Prof. Ernest Hilgard

Mrs. Paul Holmer

Mrs. Mary: Hutchinson

Richard Johnston

Roger Kent

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Dr. Alexander Meiklejohn

Helen Salz

Rev. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

John R. May

Lloyd L. Morain

Prof. Herbert L. Packe:

William M. Roth

Clarence E. Rust

John Brisbin Rutherford

Mrs. Alec SkolInick

Mrs. Martin Steiner

Gregory S. Stout

Stephen Thiermann

Richard J. Werthimer

Donald Vial

GENERAL COUNSEL

Wayne M. Collins

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Prof. John Henry Merryman

Rev. 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, Toiman

Rt. Rev. Sumner Walters

"Freedom Is Essential to

Learning,' Says Tom Braden

"The first essential of education is that it should make

an educated man concerned with facts and the truth."

Themas Braden, president of the State Board of Educa-

tion, who thus opened his talk to the ACLU Marin meeting

Jast month, added that these who have attacked him seem

at all times unconcerned with

the truth.

Braden tok occasion to de-

seribe his opponents, known to

him from their midnight, anony-

mous phone calls, and their

swarming around his office in

Saeramento, as hate groups,

Birechers and extreme right-

"wingers. Their pressure was di-

reeted against his refusal to have

the "Dictionary of American

Slang". removed aon State

schools.

"They consistently paved that

they make no distinction be-

tween truth and allegation," he

`said.

_ Freedom Essential to Learning

"Freedom is essential to learn-

ing and the hate groups will not

recognize this. And I'm aston-

ished that these groups are so

young. They parade carrying

banners with strange devices,

and denounce Justice Warren,

scholars, textbooks, history, and

the Twentieth Century."

Braden emphasized that

schools are "meant for experi-

ments with ideas. Ideas that are

safe and those that are danger-

ous; ideas that are approved and

those that are disapproved .

The purpose of man is to inquire

and to learn."

"I feel a genuine horror," he

`said, "and Dr. Rafferty should

feel it equally, that any public

official should tell a librarian

what books should be on his

shelves."

Braden-Rafferty Controversy

The Braden-Rafferty contro-

versy, given a renewed impetus

at the Kentfield meeting, re-

ceived full coverage in the Bay

Area press which seized upon

Braden's statement that Dr. Raf-

ferty's proposed "unemotional

course in economics to show

hew rotten Communism is," will

never receive the State Board of

ACLU NEWS

AUGUST, 1963

Pade 2

Education's necessary approval.

(Rafferty since has defined his

use of "rotten" to the effect that

he meant "over-ripe.'')

Book-Banning

Concerning the book-banning

efforts of his opponents, Braden

further said that "We undermine

the foundation of our `republic

every time a book is banned

from school libraries, or a teach-

er or a school administrator is

fired for "reasons that can't be

stated." At these times, he said,

"we come closer to the form of

government we despise."

He said that the Anti-Commu-

nist League, in a recent docu-

ment sent to the Board, objected

to a school history that ex-

plained foreign aid, and which

also named World War heroes-

too many of whom were of for-

eign extraction, and did not give

eredit "to such heroes as Jo-

seph McCarthy." Braden said

such pressure on school textbook

salesmen could have serious ef-

fect without constant vigilance

by concerned citizens.

Question Period

During the question period fol-

lowing his talk at the Roger

Kent estate the speaker was

asked where the real power be-

hind state education lies.

"With you,' he promptly re-

plied, "because the local school

boards are controlled by you,

the citizens of the community."

He also said that concerned citi-

zens can assist in the hattle

against the hate groups and book

burners who are bringing pres-

sure on teachers and school li-

brarians by keeping in touch

with teachers and librarians to

ascertain if they are under such

pressure.

"And watch `for `phony'

courses," he added, "and raise

_ hell if you find them."

Large Attendance

"Milen Dempster, Marin Chap-

ter chairman who chaired the

Letters to the Editor

`Complaint Against Oakland

Police Officer

Editor: I should like to pro-

test the unnecessarily rude treat-

ment I received at the hands of

the Oakland police on the eve-

ning of July 1, 1963.

At 11:15 p.m. I left the home

of friends on Montecito Avenue

in Oakland and proceeded to-

ward a bus stop on West Mac- -

Arthur Blvd. Approximately one

block from Montecito Avenue I

was stopped by Officer Dick Wil-

liams (badge number 741, serial

number 6169P, patrol 8), sub-

jected to a personal search, and

detained in a patrol car for ap-

proximately half an hour while

officer Williams filled out a form

of my personal data.

Officer Williams explained to

- me that the area I was in is one

of high crime frequency, and I

can understand the consequent

necessity of keeping the area

under constant. observation.

Nevertheless, this officer's treat-

ment of me was unnecessarily

rude and rough, an affront to

my personal dignity, an unwar-

ranted curtailment of my liberty,

and a flagrant violation of my

right to walk unmolested along

a city street.

Officer Williams obviously

exercised no discretion in his

choice of whom to stop as a sus-

picious character. I was walking

briskly, as I always do, and in

no sense could I have been con-

sidered loitering. I was definite-

ly neither drunk nor conducting

myself in an erratic manner. I

was not whistling, singing, hum-

ming, or making any noise what-

soever, and my progress along

the street could not have pre-

sented any disturbance or irrita-

tion to anyone in the area. Fur-

thermore, this officer had just

turned a corner, and he could

`not have seen me for more than

five seconds. His decision to stop

me was therefore based on a

completely random and_ indis-

criminate choice of the first per-

son he happened to see.

Officer Williams did not iden-

tify himself as a policeman when

he-stopped me. I had just

stepped into the night from a

brightly lit room, and my eyes

were as yet not adjusted to the

dark. I could not tell that the

car which stopped beside me

was a patrol car and I could not

see him, because he had turned

a spotlight into my eyes. His

only words were, "Hey buddy,

where you goin'?" I had no way

of knowing that he was a police

officer, and I was strongly

tempted simply to run. Oakland

streets are not very appealing

at 11:15 p.m., and one does not

meeting, announced a paid at-

tendance of 731. That attendance

was second largest in the ten-

year history of the pot-luck meet-

ings. First place is still held by

the 1961 meeting at which Con-

. gressman James Roosevelt spoke

and which previewed "Opera-

tion Correction,' the film dis-

closing the fabrications and half-

truths of "Operation Abolition,"

an HUAC "document."

Meiklejohn Introduced

Prior to the talk by Braden,

Dr. Alexander Meiklejohn, re-

cent winner of the President's

Freedom Award, was introduced

by Mrs. Helen Salz, vice-chair-

man of the branch, and flowers

were presented to Mrs. Meikle-

john. Dr. Meiklejohn said he

had come "to hear one of my

prize students (Braden)."

Singers Entertain

Entertainment was provided

by former Gateway singers El-

merlee Thomas and Jim Wood.

Roger Kent welcomed the large

gathering to his home.

The meeting was arranged un-

der the chairmanship of Sali

Lieberman, who was presented

with a bouquet of flowers.-HLK.

approach an unidentified occu-

pied car in the middle of the

night with any real assurance of

safety. I suppose that if I had

run, Officer Williams would not

have hesitated to shoot me.

I was subjected to an unneces-

sarily close personal search for

which my permission was not

asked. My pockets contained

only a wallet, a pen, and some

loose change, none of which

could have felt very threatening

through my clothing, and it

should have been immediately

obvious that I was not carrying

any particularly ferocious weap-

ons. Nevertheless, my pockets

were gone over twice and the

Search lasted nearly five min-

utes. Then I was forced into the

patrol car (1 -would have en-

tered voluntarily if I had been

asked to or even told to, but in-

stead I was simply shoved in),

while officer Williams held a

flashlight in my eyes. I was or-

dered to empty my pockets, and

I believe that officer Williams

drew his gun, although I am not

positive because of the flash-

light in my eyes. He at least had

his hand on his gun, and wheth-

er or not he had it drawn, his

actions were unnecessarily dra-

matic and quite upsetting to me.

Officer Williams then closed

the patrol car door and began to

fill out a form of my personal

data. He later showed me this

form, and I saw that it could

have been filled out in less than

five minutes. Nevertheless it

took him nearly half an hour,

and he asked me a large number

of completely irrelevant ques-

tions which I would not have an-

swered if I had thought I had a

choice. Within the next two

years I shall be applying for em-

ployment with federal agencies

which require detailed security

clearances, and the thought of

having.a record of being stopped

by the police does not appeal to

me. To use the officer's own

words, "this form will go in the

can after it has been checked

out." Nevertheless I could still

be put to the inconvenience of

further questioning or even ar-

rest if my description should by

coincidence conform to that of

some person seen in the area of

a recent crime. In addition to

ruining my chances of passing

a security clearance, such action

could have the additional conse-

quences of delaying or cancel-

ing a trip to Europe I plan to

make August 8.

Besides being an inconven-

ience and an annoyance, officer

Williams' action represented a

threat to my health. I am an ex-

tremely nervous person and I

have high blood pressure and a

mild heart condition, both of

`which are severely aggravated

when my nerves are upset. I in-

formed the officer of this fact,

and he paid no heed to it. As a

result I could not sleep that

night and my business affairs of

the following day passed poorly.

Officer Williams conduct and.

actions strike me as being en-

U.S. Will Ap

searching anyone.

Opinions in _

Bible Reading

Cases Availabie

The ACLU now has available

a supply of the U.S. Supreme

Court's opinions in the June 17,

1963 Lord's Prayer and Bible

reading cases. Included in the

booklet are the 32-page majori-

fy opinion by Justice Tom Clark,

the short concurring opinion of

Justice Douglas, the 77-page con-

`curring opinion by Justice Bren-

nan, the brief concurring opin-

1 ton of Justices Goldberg and Har-

lan and the dissenting opinion of

Mr. Justice Stewart.

The price of these opinions is

40cent. Orders should be sent to

the ACLU, 503 Market St., San

Francisco 5, and should be ac-

companied by payment.

tirely too rude and unnecessarily

inconvenient. If it had actually

been necessary to stop me, he

could easily have ascertained my

identity, filled out his form in

not more than five minutes, and

while so doing conducted him-

self in a manner which would

neither have left himself open to

assault nor left me with justifi-

eation for complaint of ill treat-

ment. And 1 strongly question

the necessity of stopping and

Had I any

mischief in mind that evening,

I would have been quite effec-.

tively discouraged by the mere

knowledge that the area was un-

der surveillance. Officer Williams

need have only driven slowly

past me in order to cancel any -

malicious plans I might have

had. Instead, he chose to forci-

bly detain me for half an hour

at a time when I was anxious to

get home and subject me to

treatment which was, at the very

least, humiliating. _

I do not seek to hamper police

authorities in their efforts to re-

duce crime incidence. But I do

think that they should bear in

mind at all times that they are

not rulers of the public, but its

servants, and their duty is not

to harass the public, but to pro-

tect it. Every citizen has the

right to be treated with respect

and dignity, without undue hin-

dranece te his personal affairs.

This, it would seem, the Oak-

Jand force has forgotten.-J.F.B.

Satisfied Client

Editor: I received your lIet-

ter and the letter from the Coast

Guard in Washington which you

inclosed.

I shall write the commandant

immediately.

I certainly do appreciate your

help and feel your organization

is something to be proud of, and

thankful we American citizens

are able to have the help I have

now encountered. I am sure that

the reconsideration resulted

solely from a political stand-

point. As an individual alone I

could not have done anything.

But when they see that your or-

ganization was interested, it pre-

sented a different picture. My

mother is improving also, which

-Makes me very happy.-R.W.C.

peal Dismissal

Of Hartman Indictment

_U.S. Attorney Cecil F. Poole has filed a notice of appeal

from the decision of U.S. District Court Judge Stanley A.

Weigel quashing the second indictment brought against

Louis Hartman for alleged contempt of Congress arising out

of hearings of the House Committee on Un-American Activ-

ities in 1957 in San Francisco.

The second indictment was

quashed in June of this year on

the basis that the statute of limi-

tations barred any further pros-

ecution of the action. It will be

remembered that the first in-

dictment was also quashed after

the U.S. Supreme Court ruled

that it was defective for failure

to state the subject of the Com-

mittee's inquiry.

The notice of appeal filed by

Poole purported to appeal the

ease to the United States Court

of Appeals for the Ninth Circuit

but ACLU attorneys, who will

continue to represent Mr. Hart-

man as they have from the be-

ginning, have filed a motion to

have the Circuit court certify the

case to the U.S. Supreme Court

since it is believed that only that

Court has jurisdiction over the

appeal by virtue of the pro-

visions of 180x00B0 USC see. 3731.-

M.W.K.

G.S.A. "Approved List"

hite House

Ends Newssta

fag. Censorship

An adventure in censorship by the Public Buildings Serv-

ice of the Federal General Services Administration of Re-

gion 9 came to an abrupt halt last month on a direct order

from the White House. It was aimed at girlie magazines but,

typical of the censor, it soon extended to such magazines as

The Nation, The New Republic,

The Reporter Magazine, Saturday

Review, etc. Even the ban on

girlie magazines has been re-

secinded and once again the sale

of magazines at newsstands in

Federal buildings. will be tested

by law and not by a censor's list.

Pressure Group Action

The GSA "approved list" of

189 items adopted last January

4, was furnished to them last

October by none other than Al-

fred R. Lynch, 45-year-old Pa-

cifica third grade school-teacher,

chairman of Citizens for Decent

Literature in northern Califor-

nia and secretary of the San Ma-

teo County Citizens for Decent

Literature, who had objected to

20 "indecent" magazines

were being sold at the lobby

newsstand of the Collector of In-

ternal Revenue at 100 McAllister

St., San Francisco. The Decent

Literature group claims 500

`members in San Francisco, an-

ether two or three hundred in

San Mateo and chapters in Red-

wood City, Marin county and

Sacramento. Incidentally, Lynch

is also Americanism Chairman

for Legion Post 238.

Purity Stores List ~

The "approved list" of maga-

zines was actually drawn up. by

Purity Stores, Inc., for "busy,

family-oriented shoppers. No one

was more amazed than we were .

to find our list had been adopted

as the GSA's Approved Magazine

Guide," said Purity president J.

R. Niven. He insisted that his

list was not a guide for good

literature but merely a listing of

`the fastest moving periodicals (c)

-which are family-oriented."

ACLU Gets Busy

An anonymous person provided

the local ACLU with a copy of

the "approved list" last February

and efforts were made at once

through the ACLU's national of-

fice to get the facts about the

list from the General Services

Administration in Washington.

Last March 6, GSA was asked the

following questions concerning

what was called the "Approved

Magazine Guide for Vending

Stands":

"a) is there a national list that

applies to all federal buildings;

"b) is there a list of disap-

proved publications;

"e) what individual or group

makes up this list; if the latter,

could you supply the names of

people serving on the eecion

committee;

"d) what standards are used

to determine which magazines

are placed or removed from the

list; and,

"e) is there any procedure by

which a magazine which wishes

to sell copies in a federal build-

ing may challenge its non-inclu-

sion on the list?" _

No National List

R. T. Daly, Commissioner of

the Public Buildings Service of

GSA responded on April 16 that

"There is no national list of mag-

azimes which may be sold in fed-

eral buildings, although we are

giving consideration to the adop-

tion of such a list. There is no

list of disapproved publications

and none is contemplated."

The ACLU, therefore, supplied

Mr. Daly with the "approved

Hist" and suggested that Region

9 was "not acting in accord with

the policy set down by the GSA

that

itself." It wanted to know "what

steps are planned to bring Region

9's policy into accordance with

the GSA policy."

June Ban on Girlie Mags

The next thing the ACLU

heard about the matter was a

news story late in June which

reported that the blind news

vendor in the Main Post Office

building in San Francisco had

been required by GSA to remove

girlie magazines from his stand.

Then an enterprising United

Press reporter on the Federal

beat in San Francisco learned

that not only girlie magazines

but certain liberal magazines

were also banned and he asked

Ernest Besig, ACLU executive

director for a comment,

The San _ Francisco papers

picked up the story and Abe

Mellinkoff, City Editor of the San

Francisco Chronicle, scenting a

good story asked the ACLU to

supply him with the "approved

list.' The ACLU not only sup-

plied the list but copies of its

correspondence with the GSA as

well. The story hit page 1 in San

.Franeisco and received nation-

wide coverage. GSA was also

lambasted on the editorial pages

of many papers.

Editorial Comment

The San Francisco Chronicle

declared that "This insufferable

censorship is excelled in `wrong-

headedness only by the system

seemingly used to place the GSA

imprimatur upon some magazines

and relegate others to the index.

. . . Somebody in authority in

Washington should take the

eager censors of the GSA aside

and tell them in simple language

about the First Amendment and

about the free press, and about

certain American principles that

won't let them-or their Pacifica

school-teacher - tell American

citizens what they can or can't

buy and read."

The San Francisco Examiner

condemned the GSA ban as "pat-

ently indefensible." It charged

them with abdicating their re-

sponsibility and permitting "the

self-anointed expurgators to

move in."

Under the barrage of news

stories and editorials it took only

two days for the Government to

run for cover and end its censor-

ship.

FE! Harassment

Restrained by (c)

Federal Court

The U.S. District Court in Chi-

cago last month struck a blow

against the common practice of

FBI agents in harassing persons

who are under their surveil-

lance. Federal Judge Richard B.

Austin signed an order limiting

to one the number of FBI cars

that may be parked near the

home of Sam Giancana and also

limiting to one the number of

FBI autos that may follow him

as he drives.

Giancana is the alleged boss of

the Chicago underworld. He is

constantly watched by the FBI,

whether at church, on the golf

course, attending a funeral or

just driving. Relatives who visit

him also become targets of FBI

Oath Laws Put

Into Effect by

Idaho and Aiond

Laws which require loyalty

oaths of all state employees, in-

cluding teachers, are the center

of civil liberties attention in

Idaho and Arizona.

The recently -enacted Idaho

law requires all elected and ap-

pointed state officials to promise

to uphold the federal and state

constitutions, list any -organiza-

tion "advocating the overthrow

of the government by force and

violence" to which they have

belonged in the past five years -

and promise not to join any

such organization while in office.

It has aroused considerable op-

position especially at the two

state colleges, the University of

Idaho and Idaho State Univer-

Sity.

"Thought Control"

Dr. Albert E. Taylor, a pro-

fessor at ISU, said in .a recent

`speech that the school should

have difficulty in recruiting

teachers because of the oath.

The campus chapter of the

American Association of Univer-

sity Professors has retained

counsel to attack the law. Dr.

George Heckler, chairman of the

Chemistry Department and pres-

ident of the AAUP chapter,

called the bill "thought control."

Two teachers at the University

of Idaho, James R. Crockett and

Jay G. Butler-have announced

their refusal to return in Sep-

tember because of the oath. A

temporary injunction against the

law was recently granted by a

Federal District Court in a suit

brought by a number of profes-

sors.

Religious Objections

The Arizona law requiring a

loyalty oath -was recently upheld

by the state Supreme Court. The

Court's decision was based on

an appeal by Mrs. Barbara Elf-

brandt, a Tucson grade school

teacher, who declined to take the

oath on religious grounds. She

is a Quaker.

In the majority opinion, Judge

Fred C. Struckmeyer, Jr., said.

the Court was not judging the

wisdom of the oath but was only

deciding that the legislature had

a legal basis for enacting it. He

declared "Under constitutional

government oaths similar in con-

text to that here have been cen-

sidered as an appropriate means

to bind the individual." He con-

tinued: "the state's interest de-

mand that public employees re-

frain from associations out of

which even unconscious corrup-

tion may comfort those who seek

world domination."

Concurring Opinion

Chief Justice Charles Bern-

stein, in a special concurring

opinion, held that Mrs. Elfbrandt

should have been given a hear-

ing by the district school board

under the teacher tenure law. If

the Board of Education was con-

vineed that she declined to take

the oath solely because of re-

ligious reasons, then she should

not have had to sign the oath as

a condition of continued employ-

ment.

_ Judge Bernstein said: "those

who refuse to take the oath for

reasons other than disloyalty

must be given an opportunity to

explain their refusal." He con-

tinued: "Viewed in another way,

an oath requirement without pro-

vision for a hearing would create

an irrebutable presumption that

one who refuses to take the oath

is disloyal."

surveillance but the court has

barred this practice.

Police officers have no right to

disturb the peace of individuals.

Yet it is a common practice for

FBI agents to keep under close

surveillance individuals whose

political opinions have at any

time been unorthodox. They visit

their employers and neighbors

and generally make life miser-

able for them. It's time such ac-

tions were halted by damage

suits under such laws as the Fed-

eral Civil Rights Act.

Courts Split on 'Tropic;'

Wins in California

A somewhat aging, if still virile, "Tropic of Cancer' was

the subject of conflicting opinions on its literary value last

month by the highest courts of California and New York.

The New York Court of Appeals, by a vote of 4 to 3, recog-

nized that Miller's book has

"This court will not adopt a rule

of law which states that obscen-

ity is suppressible but that well-

written obscenity is not." The

minority judges in New York

accused the majority of wrench-

ing a few phrases from context

and attempting to make their

personal philosophy into consti-

tutional doctrine. A federal

court for the Ninth - Circuit

reached a similarly unfavorable

result in a case brought ten years

.ago by the ACLU of Northern

California, Besig v.

States. -

Not Obscene in Calif.

In contrast, the unanimous

opinion of the California -Su-

preme Court joined the Supreme

Courts of Massachusetts and

`Wisconsin in holding the book

not obscene and therefore im-

mune from restraint by virtue of

the freedom of the press provi-

' United

' sien of the First Amendment.

The California case, Zeitlin v.

Arnebergh, was brought by at-

torneys for the ACLU of South-

ern California on behalf of a

bookseller who wished to sell

the boek without fear of erimi-

nal prosecution and a would-be

Ban Sought On

Controversial

Literature

The same Los Gatos council-

man who last year made an un-

successful attempt to ban the

magazine U.S.S.R. from the local

library, now wants to prohibit

the distribution of "eontroversial"'

literature. He has asked the City

Attorney to draft an appropriate

ordinance.

Mauldin Cartoon

The councilman is James Do-

nati. Mr. Donati is unhappy about

the last annual July 4 picnic held

under the auspices, of the local

newspaper, the Times-Observer,

at Oak Meadow Park. At the pic-

nic, Women for Peace displayed

an enlargement of a cartoon by

Bill Mauldin. Mauldin drew two

ghouls. One held a placard stat-

ing "I'd rather be RED,' while

the other had a sign reading, "I'd

rather be DEAD." Riding away

from both is a boy on a tricycle

whose sign reads, "I'd rather

BE. bed

The group also distributed lit-

erature which, according to Do-

nati, advocated "total disarma-

ment."

Liberty Starts at Home

_ Reminding the councilman that

"Liberty starts right here at

home," the Times-Observer de-

clared editorially that "The

Fourth of July is a celebration of

our liberty and our freedoms .. .

including the Bill of Rights

which guarantees freedom of

speech.

"The Town council or any

other board, including the Con-

gress, is not empowered to direct

that this be infringed.

Literature Displayed

"The Women for Peace only

displayed their literature-it was

not forced on anyone, nor was

anyone cajoled or harangued. As

sponsors of the picnic, the Times-

Observer welcomed the Women

for Peace, as we would have been

tolerant of others, for instance

those who want te repeal the in-

come tax, although the picnic was

not designed to be a_ political

forum."

The ACLU suspects that the

City Attorney will eventually tell

the Council that he is unable to

draft an ordinance prohibiting

the distribution of controversial

literature without violating free-

dom of speech and the press.

_ AUGUST,

some literary merit but said:

reader who was prevented from

buying the book beeause no

bookseller in Los Angeles would

carry it. The Supreme Court, in

addition to holding "Tropic"

non-obscene, said that these

plaintiffs properly presented a

case for declaratory relief, that

the question of the obscenity of

a book rested ultimately with

the court as a question of law

(though a jury would first pass

on it as a question of fact), and

that only "hard-core pornogra-

phy" was subject to the reach of

the California statute, Penal

Code see. 311.

Opinion by Tobriner

The California opinion, writ-

ten by Justice Tobriner, holds

that if a book "is a serious work

of literature er art, then it pos-

sesses redeeming social impor-

tance and obtains the benefit to

the constitutional guarantees."

The Court went on to state that

by using the words "utterly with-

out redeeming social impor-

tance" the Legislature indicated

its intention to give legal sanc-

tion to all material relating to

sex except that which was totally

devoid of social importance, the

latter being hard-core pornogra-

`phy. The Miller book, Justice

Tobriner wrote, "necessarily ex-

presses the writer's thoughts in

their most primitive aspect,

often violent and repulsive, and

constantly in four-letter words

. . Such an art-form must be

distinguished from that which is

designed to excite or attract

pruriency; it surely does not

eonstitute hard-core pornoegra-

phy. 2?

Value of Artistic Creation

The Tobriner opinion con-

cluded with a meving state-

ment on the value of artistic

creation and the folly of intru-

sion by the heavy hand of the

Jaw into this area: "Indeed, a

legal proscription cannot in any

event constrict artistic creation.

Man's drive for self-expression,

which over the centuries has

built his monuments, does not

stay within set bounds; the crea-

tions which yesterday were the

detested and the obscene become

the classics of today. The quick-

silver of creativity will not be

solidified by legal pronounce-.

ment; it will necessarily flow

into new and sometimes fright- -

ening fields. If, indeed, courts

try to forbid new and exotic

forms of expression they will

surely and fortunately fail. The

new forms of expression, even

though formally banned, will, as:

they always have, remain alive

in man's consciousness. The

court-made excommunication, if

it is too wide or if it interferes

with true creativity, will be re-

jected like incantations of for-

gotten witch-docitors. Courts

must therefore move here with

utmost caution; they tread in a

field where a lack of restraint

ean only invite defeat and only

impair man's most precious

potentiality: his capacity for self-

expression." -M.W.K..

Membership

Still Climbing

A net gain of 35 new members

last -month brought the total

membership to a record high of

5370 and close to the goal of 5400

members by the end of the fiscal

year on October 31. In addition,

there are 198 separate subscrib-

ers to the NEWS and a paid

mailing list of 5568.

ACLU NEWS

1963

Page 3

e @

Results of 1963 Membership Campaign

(as of July 15, 1963)

Zora Cheever Gross, Chairman

- New Members Total

_ (or subscribers) Members

Berkeley = 133 1023

Butte County 8 28

Concord _........ Spee 4 38

Presn(R) 2052 5 67

Hayward) 2 16 89

Humbold( 2. 2 ee 1 10

Marm County = = 61 423

Mid-Peninsula

Los Alios =. 5 3

Menlo Park .............. 6 102.

Palo Alto 2.2. 45 360

Modesto. 2. 2 = 14 44

Monterey County 2.3 = 28 135

Napa: 2 8 39

Oakland = ee 20 268

Orinda 6 70

Redwood City S 75

Richmond == 4 126

Sacramento 43 288

San Francisee 2. 3 | 118 1117

San Mateo 2 23 209

Santa Clara Valley - 24 216

sala Cruz 2 2 13 81

Sonoma =. 9 75

Slockt0n 2. ee 5 By)

Walnut Creek-Lafayette 0.0... 12 86

Miscellaneous. 20 422

640* 5527

NOTE: Since office records count each membership application as one, these fig-

ures do not reflect family memberships of $12.00 which cover two members (husband

and wife). Excluding subscribers, 584 new members have joined the ACLU this

year; of these, 73 are family membershi

ual members new to the ACLU is 657.

ps. Therefore the actual number of individ-

Area

Members

Ruth Lyon

Frank Ficarra

Dick Worthen

J. E. Hahesy

Stephen M. Graham

Esther Allen Gaw

Annette Bode

Peter Szego

Jane Jackson

Bobby Jones

Carroll E. Melbin

Richard Smith

Marilyn Pennebaker

Marion Lewenstein

Ann Spencer

Rosalie Nichols

Prentice Sack

Richard DeLancie

Wellington E. Smith

Marvin Naman

Jean Hedley

Marjorie Phillips

Barbara Suezek

Calif. Supreme Court

Fits De Facto Segregation

A significant blow against racial segregation in Califor-

nia's public schools was struck by the California Supreme

Court in the recent case of Jackson v. Pasadena City School

District, in which A. L. Wirin, Southern California ACLU

attorney, was co-counsel for the plaintiff. -

The facts of the Jackson case,

as admitted for the purpose of

testing a demurrer, showed that

for the purpose of allowing

whites to avoid attendance at

Negro schools, the school board

in annexing an all white junior

high school district had caused

the new students to attend an

all white junior high instead of

the predominantly Negro junior

high which was closer to the an-

nexed district. Jaskson, a 13-year-

old Negro, demanded to be trans-

ferred to the other junior high

since the policy of the school

board showed that his junior high

was considered inferior. The

school board declined to allow

the transfer.

Far Reaching Opinion

The Supreme Court held that

if these facts are established the

plaintiff is entitled to a trans-

fer. But Chief Justice Gibson's

opinion for a unanimous court

went: considerably further than

needed to decide the case, and

indeed went considerably fur-

ther than any other court in the

United States on the subject of

de facto (that is, created by cir-

cumstances rather than by rule

or law) segregation. The Chief

Justice wrote: "As so estab-

lished, Washington (the predom-

inantly Negro ~school) is a

racially segregated school which

is inherently inferior to other

junior high schools in the dis-

trict." The opinion went on to

state, `even in the absence of

gerrymandering or other affirm-

ative discriminatory conduct by

a school board, a student under

some circumstances would be en-

titled to relief where, by reason

of residential segregation, sub-

stantial racial imbalance exists

regation is in itself an evil which

tends to frustrate the youth in

the area and to cause antisocial

attitudes and behavior. Where

ACLU NEWS

Page 4

AUGUST, 1963 (c)

such segregation exists it is not

enough for a school board to re-

frain from affirmative discrimi-

natory conduct."

Board Action Required

These pronouncements by the

Court would seem to knock into

a cocked hat statements by legal

counsel of various California

school boards that their school

board has no affirmative obliga-

tion to eliminate segregated

schools so long as they are

caused by residence patterns and

not by affirmative board action.

In particular, the recent report

of the San Francisco Board of

Education stating that the Board

must take race into account only

in the creation of new school

districts would seem to be in

need of substantial revision ob-

ligating the Board to take posi-

tive action to eliminate the dis-

graceful and discriminatory fact

that many San Francisco Negro

children attend 98, 99 and 100 per

cent Negro schools in San Fran-

cisco.- M. W.K.

ACLU Rejects

Fingerprinting

Of Teachers

In answer to a request by the

National Education Association

for its views, the national ACLU

Board has unanimously adopted

the following resolution:

"Fingerprinting is an invasion

of an individual's privacy and

the American Civil Liberties Un-

ion is concerned with every ex-

tension of government surveil-

lance of the individual. While

the use of fingerprinting may be

useful in the' enforcement of

criminal law in certain situa-

tions, the areas in general in

which the taking of fingerprints

is permissible should be strictly

limited. We hold that employ-

ment of public school teachers is

not an area in which fingerprint-

ing is permissible."

Federal Court

Orders Change

In Parole System

The United States Board of

Parole, which controls the free-

dom of more than 9,000 paroled

convicts, currently is working on

procedures to implement a re-

eent court decision which or-

dered sweeping changes in the

nationwide federal system used

for parole revocation,

The decision, handed down by

the United States Court of Ap-

peals in the District of Columbia,

directed the Board of Parole to

arm the parolee with considera-

bly more rights than he now has

to protect himself against parole

revocation. The court's decision

came in eight cases, four of

which were handled by the

American Civil Liberties Union.

A new hearing was ordered in

one of the cases and the other

seven were lost on _ technical

grounds. :

Parole Revocation

Judge Warren E. Burger, who

wrote the 39-page majority opin-

ion, stressed that parole revoca-

tion is still an administrative, not

a judicial, procedure. However,

he said that the parole board's.

present system does not fully ob-

serve "basic concepts of fairness"

inherent in the congressionally

established scheme of parole. He

also pointed out that "the parolee

at liberty on a conditional re-

lease is obviously not in the

same posture as an ordinary citi-

zen... . but it does not follow

that (he) is not without any

rights, for Congress has given

him certain protections."

The greatest change in the

present procedure was the court's

order that a re-arrested convict

receive his preliminary inter-

view at a place near where the

alleged violation took place. Un-

der the present procedure, he re-

ceives this interview at a federal

prison which many times is hun-

dreds of miles away from the site

of the violation. The court im-

posed this requirement because

it said that the parolee often had

little opportunity to obtain wit-

nesses in his defense.

Record of Interview

The Court of Appeals also or-

dered that a complete record be

kept of the interview in such a

way as to justify the revocation

on the face of the record.

The American Civil Liberties Union has appealed to the

State Department to remove a political loyalty oath from the

United States passport application form. To require answers

to the political question, it claimed, violates the First Amend-

ment rights of free expression and association and the Fifth

Amendment's privilege against

self-incrimination and its guaran-

tee of fair hearings.

Provisions in Question

The sections to which ACLU

voiced objections in a letter to

Secretary of State Dean Rusk, on

June 6 require an applicant to

swear that: 1) He is not current-

ly and has not been for a year

prior to seeking a passport "a

member of any organization reg-

istered or required to register as

a Communist organization under

Section 7 of the Subversive Ac-

tivities Control Act of 1950, as

amended"; and 2) He has not

committed any acts, enumerated

in the passport, which can result

in expatriation.

The ACLU letter informed the

State Department chief that it

will support with a friend-of-the-

`court brief a suit filed recently

in the Federal District Court in

Washington, D.C. by Milton May-

er, the noted writer, challenging

the constitutionality of the anti-

Communist oath.

Long Legal Battle

The Mayer case is the latest

round in the legal battle that has

been waged over many years con-

cerning political questions on

passport application forms. Dur-

Ing the 1950's an anti-Communist

oath appeared on the application

but it was withdrawn in 1958

when the United States Supreme

Court held in Kent v. Dulles that

Congress had not authorized po-

litical affiliations as a ground for

refusing to issue passports. In

1961 the Supreme Court upheld

the constitutionality of the regis-

tration requirement of the 1950

Subversive Activities Control Act

which contains a section barring

passports to persons belonging

to Communist-action or Commu-

nist-front organizations required

to register under the Act. Though

the Court did not rule on the

passport sanction, the State De-

partment stamped a warning on

the application calling attention

to the anti-Communist passport

ban in the 1950 law. The warning

included no requirement that an

applicant deny membership in

the Communist Party, but. the

notice has been dropped in favor

of the specific question which

how appears on the form.

Preference Expressed

In urging Secretary Rusk to

delete the oath now, the Union

expressed a preference. for the

E

The first right of a citizen

Is the right

To be responsible.

warning which contained the sub-

stance of Section 6 of the Sub-

versive Activities Control Act.

Some persons might have found

even this simple warning offen-

sive, the ACLU said, because it

was "calculated to imply that

travel abroad was subject to the

whim of government, but it at

least avoided the odious require-

ment that every applicant for a

passport deny under oath that he

was associated with a specific

political organization. Given the

choice betwen the present appli-

cation form and the form which

included a warning, we think the

latter is infinitely preferable."

In attacking the present politi-

cal oath question, the ACLU said:

"We understand, of course, that

Section 6... purports to make

criminal the filing of an appli-

cation for a passport by a member

of an organization against which

there is a final registration order.

We believe, however, that Section

6 is unconstitutional, for it in-

fringes on the constitutional right

to travel which the Supreme

Court recognized in Kent v. Dul-

les, 357 U.S. 116. Although the

scope of that right has not been

finally settled by the courts, we

think its minimum boundaries

encompass freedom to travel re-

gardless of one's political beliefs

and associations."

Basic Principles

While Section 6 must be con-

sidered valid until courts rule

otherwise, the Union's letter ac-

knowledged, it does not require

enforcement to "collide with ba-

Sic principles of a free society.

That is to say," the letter noted,

"there is no call to enforce the

statute so that it conflicts with

the traditional repugnance that

our society has had for test oaths

and at the same time compels an

individual to incriminate him-

self..."

Turning to the questions con-

cerning acts calling for expatria-

tion, ACLU said their inclusion

in the passport application form

were "entirely improper. .. .

There is no special reason that

these extraordinary inquiries re-

lating to citizenship are necessary

for passport applicants. They are

not required, for example, when

a person votes, nor should they

be. There are ample-and proper

-questions. on the application

form relating to place of birth

and date of naturalization that -

provides all the information nec-

essary."

JOIN TODAY

151

AMERICAN CIVIL LIBERTIES UNION

OF NORTHERN CALIFORNIA

503 Market Street

San Franecisce, 5