vol. 28, no. 4
Primary tabs
American
Civil Liberties
Union
Volume XXVIII
SAN FRANCISCO, APRIL, 1963
New Regulations Adopted
ue Process |
Victory In
Citizenship Case
Last month the Immigration Service conceded in fed-
eral court that it acted erroneously in cancelling the Cer-
tificate of Citizenship of Woo Tai King (known as Tommy
Woo). The Service rescinded the order cancelling the cer-
tificate and returned it to Woo, who had been forced to
surrender it under threat of crim-
inal prosecution.
After Woo's certificate was
eancelled because of alleged
fraud, the ACLU filed suit in
his behalf challenging the con-
' gtitutionality of the statute un-
der which this was done be-
cause it did not provide for con-
frontation or cross - examination
of adverse witnesses. The suit
was prepared by staff counsel
Marshall Krause and volunteer
attorney George Duke. The USS.
Attorney moved to dismiss the
ease on the ground that the cer-
tificate was of no legal value,
but district judge Albert Wollen-
berg: denied the motion. In fact,
a Certificate of Citizenship is the
only evidence a person born out-
side the United States has that
he is a USS. citizen because of"
the citizenship of his parents.
Three-Judge Court Convened
A three-judge district court was
then convened to pass upon
Woo's claim to have been de-
prived of his property without
due process of law by operation
of the statute involved (8 U.S.C.
sec, 1453). but the government's
action in giving him back his
certificate has deprived him of a
cause of action and the suit will
now be dismissed as moot.
New Regulations
Meanwhile, on January 9, 1963,
the Immigration Service adopted
new regulations to supplement 8
U.S.C. sec. 1453. These regula-
tions (8 C.F.R. part 342) now pro-
vide that a person who contests
the proposed cancellation of a
certificate of citizenship may con-
front and cross-examine those
who provide evidence against the
_ validity of the certificate. How-
ever, the basic section still re-
mains ambiguous since its pro-
vides that the certificate may be
cancelled if it appears "to the
Attorney General's satisfaction"
that it was obtained by fraud.
There is also no safeguard to
prevent the Attorney General
from acting on evidence undis-
closed to the certificate se
-M.W.K,
Eichler Civil
Rights Fund
Established
Mr. and Mrs. Joseph L. Eichler
of Atherton have pledged approx-
imately $150,000 to the Stanford
Law School to support its work
"in the field of constitutional law
and civil rights." A first payment
upon the pledge, already re-
ceived, is being used to establish
the Joseph L. Eichler Fund.
It is expected that the money
will be used for such things as
seminars with distinguished vis-
itors, special lecture series, con-
ferences which may include
elements of the public as well as
lawyers and jurists, and subsi-
dized publication of highly valu-
able writings with small potential
for commercial success.
lin `This issue -
Ban Cencorship by Rhode
Island Youth Commission p.
nS
Calendar of Local Events for
New Members ........ p.3
L.A. School Oath Upheld by
State Supreme Court ...p.3
Minister's Talk Causes
Alameda School Inquiry .p. 2
Protection Sought in Miss.
Vote Campaign ........ p.4
ACLU Position
On Newspaper
Merger Probe
The American Civil Liberties
Unien declared last month that
an investigation by the House
Anti-Trust. Subcemmittee into
newspaper mergers and the de-
cline of competition in news
media was not violation of the
First Amendment.
"The American Civil Liberties
- Union believes that the First
Amendment, by which diversity
of opinion is protected, consti-
tutes no bar to investigation of
economic concentration in the
newspaper field and of the appli-
cation of the anti-trust acts to
such concentration,' the civil
liberties group said.
The ACLU's views were made
known in a letter to Congress-
man Emanuel Celler, chairman
of the anti-trust subcommittee
which began aresTSs on March
iS:
At the same time the ACLU
warned against the inquiry veer-
ing "into questioning about the
`content of newspapers or the
political and social views of the
newspaper personnel who may
be witnesses. _
"Heartened as we are by your
statements that the subcommit-
tee is aware of this problem," the
ACLU wrote Congressman Cel-
ler, "we do want to emphasize
our concern. The possible good
that might emerge from a study
of the economics of newspaper
concentration will be dissipated
if the hearing takes on even the
appearance of an investigation
into the opinions or associations
of newspaper personnel or pub-
lishers, or a stigmatization of
newspapers for their content or
opinions."
The Union's letter stressed
that application of the anti-trust
laws to the press may `"impor-
tantly implement one of the First
Amendment's fundamental pur-
poses, to insure that the public
has access to a full spectrum of
political, economic and social re-
porting and editorial opinion. It
is widely and, we think, justifi-
ably assumed that the prevention
of monopoly in the press serves
that purpose by promotinga_
diversity of sources of news and
opinion."
Number 4
Return of :
700 Seized
Books Asked
Last month the ACLU demand-
ed the return of more than 700
books and magazines seized from
the Daly City Cigar Store over
two years ago by the Daly City
Police. The books and magazines
were seized "as evidence" at the
same time Mr. and Mrs. Jack
Shaver, the owners of the store,
were arrested for offering for
sale three allegedly obscene
books. The Shavers were defend-
ed by the ACLU and their con-
victions were reversed on appeal
for errors at the trial.
Although the law at the time
required an immediate hearing
on the character of the 700 books
seized in connection with the
Shavers' arrest, there never has
been such a hearing. The motion
for return was made before
South San Francisco Municipal
Judge Charles Becker and will
be argued on April 2d. It will
be based upon due process and
First Amendment principles
which require that material pos-
sibly within the freedom of
speech and press guarantees not
be subjected to a prior restraint
without a prompt determination
of its character.
The district attorney will no
doubt argue that the material is
needed as evidence for the re-
trial of the Shavers, now sched-
uled for June 17th. However, a
recent. District Court. of Appeal
decision holds that literary ma-
terial not given a prompt hearing
cannot be held as evidence in an
obscenity trial unless the materi-
al is itself the subject of the trial.
M.W.K.
Lenny Bruce and 5S. F. Police
Lieutenant Les Dolan, chief of the narcotics bureau of the
San Francisco Police Department, answered a complaint of
an illegal search of Lenny Bruce's San Francisco hotel room
on March 19 with the declaration that four of his men did
"look around" the comedian's room without a search war-
rant but he dismissed the inci-
dent as "routine police work."
Looking for Another Man
Dolan excused the entry into
Bruce's room on the ground that
they were looking for Daniel H.
Lightsey, 26, who was wanted in
Santa Monica on a charge of
forging prescriptions for danger-
ous drugs. Dolan claimed that
Lightsey flew up from Los An-
geles with Bruce on March 18
and that Bruce paid for Light-
sey's ticket. Lightsey was arrest-
ed March 21 by State narcotics
agents in a hotel three blocks
from Bruce's,
"Prudent Police Work"
Dolan insisted to newsmen that
his men had reasonable cause to
Contributions
Deductible for
Tax Purposes
ACLU of Northern California -
supporters who are preparing
their Federal and State 1962 in-
come tax returns in order to
meet the April 15 deadline
should remember that contribu-
tions made to this branch are
now deductible for income tax
purposes.
The State ruling was made in
1958 following incorporation of
the branch. The Federal ruling
applies to contributions made on
or after September 13, 1962. Any
contributions made prior to last
September 13 are NOT deduc-
tible for Federal income tax pur-
poses.
Prayer in Alameda County
School Held fo Be Illegal
Recitation of the Lord's Prayer by pupils in the fifth
grade of the Dublin School of the Murray School District in
Dublin (southern Alameda county) was discontinued last
month after protests of the ACLUNC were upheld by the
legal advisor for the school district.
Michael M. Lindemann, Super-
intendent of the district, in a
letter to the ACLU declared that
"The District Attorney ... ad-
vised us that it was illegal to re-
cite public prayer in the public
school classrooms of California.
The District Attorney cited the
1962 Supreme Court decision,
California Attorney General's
opinion and the Education Code,
Section 8435 as the basis of his
opinion."
Three-Year Practice
The ACLU had requested the
Board of Education to investigate
the matter after it received a
complaint that the prayer was be-
ing recited in the classroom of
Mrs. Ellen Nevins. Mrs. Nevins
- explained that the prayer had
been recited in her classroom
since she came to the school near
San Ramon Village three years
ago, but that it was not com-
pulsory.
Teacher Unhappy
Mrs. Nevins reluctantly com-
plied with instructions to discon-
tinue the prayer. "People are
concerned about the wrong
things, especially in California,"
she complained. "This nation was
founded on love of God and coun-
try," she declared. "What better
place to promote those virtues
than in the classroom?" Mrs. Nev-
ins has now substituted a minute
of silence for the prayer.
of the curriculum
The ACLU's protest cited a
1955 ruling by Edmund G.
Brown, then Attorney General of
California, stating that "Religious
prayers may not be made a part
in public
schools." :
The legal ruling in the present
instance was made by Ronald
Motta, Alameda county Deputy
District Attorney.
National Board
Member Makes
ACLUNC Circuit
Dr. John Paul Jones, a member
of the national ACLU Board and
a Unitarian minister from Am-
herst, Massachusetts, took time
out on a west coast visit last
month to address three ACLU
chapters in northern California
On March 21 he attended a
Monterey chapter meeting to dis-
cuss local church-state problems.
From there he went on to San
Jose, where he was guest speaker
for the Santa Clara Valley chap-
ter on the subject of "The
Human Predicament and a Free
Society." The following day,
March 23, Dr. Jones spoke to the
Santa Cruz chapter on "Church,
State and the Emancipation Dil-
lemma."
enter the hotel room end "Nat-
urally, the men searched Hill
(who was in the room) and also
took a quick look around the
room. This is just prudent police
work," he went on to say. "When
you work with narcotics, you have
to look for the stuff where and
when you can.
Facts About the Raid |
The following report of the
raid, given to the ACLU by Ev-
erett Hill, who was in Bruce's
hotel room when it occurred,
formed the basis of an ACLU re-
quest for an investigation by
Chief Thomas J. Cahill:
Bruce occupied Room 1209 at
the Fielding Hotel, which is lo-
cated at Geary and Mason streets.
At 10 p.m. when he left for his
evening performance Hill was in
the room when there was a knock
on the locked door. Hill asked,
"Who's there?" A voice respond-
ed, "Its me, Lenny. I forgot
something, Let me in." Since the
voice didn't appear to be that of
Lenny Bruce, Hill again asked,
"Who's there?" The voice an-
swered, "Open the door quick,
Alex." There was no Alex in the
room (as the real Lenny Bruce
knew) and the voice was not
that of Bruce.
Complaint to Management
Consequently, Hill telephoned
the hotel office and asked wheth-
er Mr. Bruce had as yet left the
hotel. He was told that Bruce
had just gone out the door. Hill
then complained that someone
was trying to gain entrance into
Bruce's room. The clerk sur-
mised that it might be some
young people from a floor below
and he promised to send someone
up right away to investigate. _
At this point, the window flew
open, the venetian blinds were
pulled aside and two men entered
the room from a fire escape,
headed by Officer Martinovich.
They opened the door and al-
lowed two other officers to enter.
Upon request, Hill identified
himself. He then asked the of-
ficers whether they had a search
warrant. He was given an obscene
response. About this time the
phone rang but Hill was instruct-
ed not to answer it.
Twenty Minute Search
The officers stayed about
twenty minutes, during which
time they made a _ thorough
search of the room. They wanted
to know who Alex was and Hill
told them he was a friend of
Lenny Bruce. They also wanted
a description of Alex, which Hill
said he didn't have the skill to
furnish.
The raiding group was headed
by Inspector Tony Arrieta and
Patrolmen . Walter Martinovich,
Charles Wettstein and Herbert
Lee.
Prompt Investigation Sought
The ACLU said in a letter to
Chief Cahill that if the facts pre-
sented by it were correct then
"there has obviously been an un-
Jawful search of the hotel room
of Lenny Bruce." The ACLU
asked for a prompt investigation
and to be advised of its results.
As the "News" goes to press, the
ACLU has not received a re-
sponse from Chief Cahill. The
press quotes him as saying, "As
far as I know, the officers did
nothing improper."
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
Rey. Richard Byfield
Prof. James R. Caldwell.
William K. Coblentz
Richard DeLancie
Rabbi Alvin |. Fine
Mrs. Zora Cheever Gross
John J. Eagan
Prof. Van D. Kennedy
Rey. F. Danford Lion
Prof. Seaton W. Manning
Honorary Treasurer:
Jcseph 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- hes 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. Packer
William M. Roth
Clarence E. Rust.
John Brisbin Rutherford
Mrs. Alee Skolnick
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. Tolman -
Rt. Rey. Sumner Walters
in Censorship By Rhode
Iodond Youth Commission
3
The US. Supreme Court recently held that the activities
of the "Rhode Island Commission to Encourage Morality in
Youth," created by the State Legislature, violated freedom of
the press.
The case involved four New York publishers of paperback
books which were exclusively -
distributed through Max Silver-
stein and Sons. The Commission
practice was "to notify a distribu-
tor on official Commission Ssta-
tionery that certain designated
books or magazines distributed
by him had been reviewed by the
Commission and had been de-
elared by a majority of its mem-
bers to be objectionable for sale,
distribution or display to youths
under 18 years of age. Silverstein
had received at least 35 such
notices at the time this suit was
brought. e
} " Typical Notice
"The typical notice to Silver-
stein either thanked Silverstein,
in advance, for his `cooperation'
with the Commission, usually re-
minding Silverstein of the Com-
mission's duty to Recommend to
the Attorney General prosecu-
tion of purveyors of obscenity.
Copies of the lists of `objection-
able' publications were circu-
lated to local police departments,
and Silverstein was so informed
in the notices.
| Distributor's Reaction
Silverstein's reaction on re-
ceipt of a notice was to take
steps to stop further circulation
of copies of the listed publica-
tions. He would not fill pending
orders for such publications and
would refuse new orders. He in-
structed his men in the field to
visit his retailers and to pick up
all unsold copies, and would then
promptly return them to the
publishers. A local police officer
usually visited Silverstein
shortly after Silverstein's re-
ceipt of a notice to learn what
action he had taken. Silverstein
was usually able to inform the
officer that a specified number
of copies received from a pub-
lisher had been returned."
| Distributors Intimidated
The lower court found that
"The effect of the said notices
were clearly to intimidate the
ACLU NEWS
APRIL, 1963
Paae 2
various book
wholesale distributors and re-
tailers and to cause them, by
reason of such intimidation and
threat of prosecution, (a) to re-
fuse to take new orders for the
proscribed publication, (b) to
cease selling any of the copies on
hand, (c) to withdraw from re-
tailers all unsold copies, and (d)
to return all unsold copies to the
publishers."
No Safeguards
The court declared that "The
Commission's operation is a form
of effective state regulation
superimposed upon the State's
criminal regulation of obscenity
and making such regulation
largely unnecessary. In thus ob-
viating the need to employ
criminal sanctions, the State has
at the same time eliminated the
safeguards of the criminal
process. Criminal sanctions may
be applied only after a determi-
nation of obscenity has been
made in a criminal trial hedged
about with the procedural safe-
guards of the criminal process."
A Scheme of Suppression
"We hold that the system of
informal censorship disclosed by
this record violates the Four-
teenth Amendment. [The Com-
mission's} operation was in fact
a scheme of state censorship ef-
fectuated by extra-legal sanc-
tions; they acted as an agency
not to advise but to suppress."
Volunteer
Photographer
Wanted
rent case, the ACLU would
dike a volunteer photographer
to spend a half day taking
candid shots. The camera and
photographer should be cap-
able of work which can be
enlarged to show detail. The
ACLU will pay expenses. Call
Marshall Krause at Ex 2-4692.
and magazine ~
In connection with a cur- [|
Pamphlets and Books
Fer Sea
The following books and pam-
phiets are available at the ACLU
office, 503 Market St., San Fran-
cisco. 5, Calif., at the prices indi-
cated. Mail orders accepted if
accompanied by payment:
1. Academic Freedom and Aca-
demic Responsibility - A state-
ment of the principles concern-
ing the civil liberties of teachers
in public and private schools, col-
leges, and universities, published
by the ACLU. 16 pages. Price 10
cents. :
2. Academic Freedom and Civil
Liberties of Students in Colleges
and Universities - Published by
- the ACLU in November, 1961. 15
pages. Price 10 cents.
3. Academic Due Process - A
statement of desirable proce-
dures applicable within educa-
tional institutions in cases in-
volving academic freedom. Pub-
lished by the American Civil
Liberties Union. 8 pages. Price
10 cents.
4. "Freedom Through Dissent"
42nd annual report of the na-
tional ACLU - July 1, 1961 to
June 30, 1962. Published for the
ACLU by Oceana Publications,
Inc. 88 pages. Price 75 cents.
5. Movies and Censorship, by
Bosley Crowther - Public Af-
fairs Pamphlet, issued Septem-
ber, 1962, 28 pages. Price, 25
cents.
6. The Wiretapping Problem
Today - A report of the Ameri-
can Civil Liberties Union, pub-
lished March, 1962. 20 pages.
Price, 15 cents.
7%. Grand Inquest, by Telford
Taylor - Ballantine Books, Inc.
This excellent book was first
published in 1955 and deals gen-
erally with congressional investi-
gations. Price, 75 cents.
8. What's Happening in School
Integration? By Harold C. Flem-
ing and John Constable. Public
Affairs pamphlet issued Decem-
ber, 1956. 20 pages. Price 25
cents.
9. Engel vs. Vitale, Jr. Opin-
ions of the U. S. Supreme Court
in the Regents Prayer Case, de-
cided June 25, 1962. 32 pages.
Price, 20 cents.
10. Religious Schools and "See-
ular" Subjects - An analysis of
the premises of Title II, Section
305 of the National Defense Edu-:
eation Act, by George R. La
Noue of Yale University. Re-
printed from Harvard Educa-
tional Review, Summer 1962.
"Are the subjects of science,
mathematics and foreign lan-
guages truly `secular' subjects in
parochial schools as supporters
maintain?" 35 pages. Price 50
cents. |
1. Religion and the Public
Schools, by Marvin Braiterman-
Published by the Commission on
Social Action of Reform Juda-
ism. 72 pages. Price, 35 cents.
12 Freedom of the Mind, by:
Justice William O. Douglas -.
Published by American Library
Association in cooperation with
the Public Affairs Committee,
Ine. Discusses the trend to con-
formity, mass communications,
the Bill of Rights, shackles on
thought, libel laws, freedom of
speech and communism, loyalty
oaths, legislative investigations,
freedom of speech, censorship
and challenging the status quo.
44 pages. Price 60 cents.
13. The Bill of Rights and the
States, by Justice William J.
Brennan, Jr. - Published by the
Center for the Study of Demo-
cratic Institutions. 24 pages.
Price 25 cents.
14. Some Illustrations of the
Harms Done to Individuals by
the House Committee on Un-
American Activities-A mimeo-
graphed illustrative digest of the
harms suffered by persons called
to testify, named in hearings or
involved in other. ways with
HUAC. Published by national
ACLU. Price, 25 cents.
14. The Un-Americans, by
le by ACLU
Frank J. Donner-Published by
Ballantine Books, Inc. Presents
in a popular manner the com-
mittee's abuses over the years.
Price 60 cents. :
15. When Congress Investi-
gates, by Alan Barth-A concise
account of the legislative power
of inquiry, its history, usefulness,
and its limitations. Public Affairs
pamphlet. 28 pages. Price, 25
cents.
16. Operation Abolition: Some
Facts and Some Comments - A
comprehensive, objective, well-
written analysis of distortions in
the film, giving clear evidence of
what actually happened at S. F's
City Hall in May, 1960. Published
by the National Council of
Churches. Price, 50 cents.
1%. Why Should Congress Ab-
olish the House Un-American Ac-
tivities Committee? - Published
by the American Civil Liberties
Union, January, 1961. 4 pages.
Price, 5 cents.
18. Foundations of Freedom in
the American Constitution.-Edi-
ted by Alfred H. Kelley. A guide
to understanding the nature of
our constitutional liberties. Har-
per and Brothers, publishers. Hard
cover. 299 pages. Price, $3.50.
19. The Supreme Court and
Civil Liberties, by Osmond K.
Fraenkel - 2nd edition, 1963,
published for the ACLU by
Oceana Publications. 189 pages.
Price $1.75.
"Christian Athletes'
Sound Truck
Law Violates
_ Free Speech
A Palm Springs sound truck
"ordinance was held unconstitu-
tional by the State Supreme
Court on March 12 as an invasion
of "the right of free speech. The
ordinance prohibited sound
trucks from broadcasting while
they were parked and required
them to move along at 10 miles
an hour or more.
5-2 Decision
The prevailing opinion in the
court's 5-2 decision, written by
Justice Matthew O. Tobriner, de-
clared that "Such an ordinance
which indiscriminately sweeps
within its ambit an inhibition of
the communication of a message
invades the right of free speech.
It prevents any continuous state-
ment, or sustained presentation
of a point of view that cannot be
transmitted during the truck's
fleeting, momentary passage."
Challenged by Labor Union
The law was challenged by the
Culinary Workers and Bartend-
ers Union, Local 535, which was
prohibited from parking a sound
truck. to inform the public of its
grievances in a Strike.
S. F. Situation
San Francisco's present sound
truck ordinance forbids trucks
from broadcasting while parked,
and the City Attorney was about
to propose a 10-mile an hour re-
quirement when the decision
came down. Now, the ordinance
will have to be revised to meet
the standards provided by the
State Supreme Court.
Minister's Talk Causes
Alameda School Inquiry
The ACLU of Northern California has asked Donald -
Roderick, Superintendent of Alameda City schools, to in-
vestigate a complaint that the Rev. Don D. Moomaw in speak-
ing to a student assembly at Alameda High School on March
21 urged the students to become Christian athletes and to
commit themselves to God. Mr.
Moomaw is a former UCLA foot-
ball star residing in Berkeley, a
Minister at Large for the United
Presbyterian Church, and a dis-
ciple of the Rev. Billy Graham.
Minister Denies Charge
Mr. Moomaw denied the charge
and claimed that he takes pains
to wear a secular hat when he
appears before publicschool
audiences. On the other hand, a
group of teachers objected to the
speech and characterized it as a
sermon. It is also reported that
some of the parents of students
phoned protests to the principal.
No transcript of the talk is avail-
able.
It was also claimed that when
Mr. Moomaw spoke before a stu-
dent assembly at Encinal High
School in Alameda some weeks
ago a group of students were pre-
vented from leaving the meeting
in protest at his remarks.
Fellowship of Christian Athletes
Mr. Moomaw claims he was
merely introduced at Alameda
High School as being associated
with the Fellowship of Christian
Athletes which hold annual con-
ferences at Estes Park in Colo-
rado. Principal Lowell Mel of
Alameda High School admitted
that at the request of the local
Kiwanis Club he recommended
two students to attend last year's
conference, which is a religious
one. The ACLU said it would pro-
test such action as an improper
function of the schools. It said
the same end could be reached
without creating any separation
of church and state problems by
getting the recommendations of
local ministers.
The ACLU also said it would
make a formal request to Super-
intendent Donald Roderick that
the practice of recommending
students for attendance at relig-
ious functions be stopped, and
for a survey to discover whether
the Alameda schools are engag-
ing in other religious practices.
Wong Returns
To Hong Kong
Let Pey Wong, who obtained
fame as the man without a coun-
try after he had been forced to:
sail between San Francisco and-
Hong Kong several times without
being able to get off at either
end, left on March 19 for Hong:
Kong with a-certificate allowing
his entry into that community.
The ACLU defended his right to
a hearing before the Immigra--
tion Service could exclude him
from the country and filed a
habeas corpus action to vindicate
this right.
The Immigration Service did
give Wong, who had lived in the
United States for 40 years, a
hearing, but this was continued
indefinitely when Wong decided
to return voluntarily to Hong
Kong. This decision was made for
economic reasons since the hear-
ing and possible appeals would
drag on for several years and
Wong could not support himself
during the delay. Wong's applica-.
tion for old age benefits is pend-
ing before the, Social Security
` Administration-M.W.K.
Collective
Establishment
Opposed
The Board of Directors of the
ACLU' of Northern California
`last month affirmed its Church
State policy statement of May
11, 1961, and added the follow-
ing declaration:
"That we consider the `estab-
lishment clause' as a prohibition
against the establishment of re-
ligion by government-collective-
ly-against all religion; not just
prohibiting the establishment of
a single religion, or prohibiting
the favoring of one religion over
another, or favoring no religion."
LETTERS .... fo the Editor
Mandatory
Blood Tests -
MANDATORY
BLOOD TESTS
`(Editor's Note: The following
protest was sent by attorney Jer-
ome F. Downs of Marin county, .
who practices law in San Fran-
cisco, to his assemblyman, Wil-
liam. T. Bagley, opposing A.B.
466, requiring applicants for
drivers' licenses to consent to
blood tests or have their appli-
cations denied. Mr. Bagley has
informed the ACLU of his in-
tention to secure the advice of
the Legislative Counsel as to the
-constitutionality of his proposal.)
Dear Bill:
I have had-an opportunity to
digest the above bill introduced
by you to amend the Vehicle
Code to provide that an applicant
for a driver's license shall con-
sent to a blood test to determine
a blood alcohol content.
If a right wing fundamental-
ist had proposed this legislation,
I wouldn't have been too sur-
prised. I am somewhat taken
aback that a Boalt Hall lawyer
would do it.
It is all well and good to talk
about the hazard to the public
by drunk drivers. I am even more (c)
concerned about the erosion of
our constitutional rights. That is
a hazard to the public, too. It
would seem to me that the pres-
ervation of the integrity of the
body of the citizen from the
depredations of police officers is
the more vital of the two con-
siderations.
It is also all well and good to
yap about "driving is a privilege
- not a right." The truth is that
in California society, the right to
drive a car is vital to the econ-
omy, and to the ability of the
average man to earn'a living. In
our own county there is almost
no public transportation - you
-have to drive just to take a bus
to, work in San Francisco. If
you worked in San Rafael and
lived in Mill Valley, or vice versa,
a right to drive a car means the
`right to work.
Now, you want to hedge that
right by requiring, `as a condi-
tion to its exercise, that I consent
that some police officer take my
blood "in a medically approved
manner" (whatever that means)
because he suspects me of driv-
ing. while intoxicated. What is to
protect the diabetic who is sud-
denly struck down with his dis-
ease? What is to protect my preg-
nant wife who, on her way to the
doctor's office to see about her
morning nausea, stops by the side
of the road to let nature take
its course? What is to protect me
from the brutal handling of my
body by stupid police officers in
cities or counties where stand-
ards for hiring policemen are less
stringent than in our own? I
can imagine the delight you
would feel if you should happen
to be involved in an accident in
some of our more remote coun- .
ties, and find some eager deputy
sheriff with a grade school edu-
cation wanting to take your
blood.
What is to assure us that the
last man into whom tne needle
was inserted was not a carrier of
`infectious hepatitis? Or of syph-
illis? What assurance is there
that the needle will have been
properly sterilized? Do you re-
eall your experiences in the mili-
tary where blood tests were taken
by well intentioned but blunder-
ing medical corpsmen `in a med-
ically approved manner" as pro-
vided in A.B. 466? ;
Mr. Justice Warren, in Breit-
haupt v. Abram, 352 U.S. 432,
Observed, "We should, in my
_ opinion, hold that due process
means at least that law enforce-
ment officers in their efforts to
obtain evidence from persons sus-
pected of crime must stop short
of bruising the body, breaking
the skin, puncturing tissue or ex-
tracting body fluids..." Power
is subject to abuse, and the pow-
ers granted by A.B. 466 risk
-great abuses for it involves not
merely property, but the sanc-
tity of my. body. I do not care to
commit it to police officers as a
condition to exercising my right
to drive.
If there is any logic to the bill,
then it is equally proper that the
legislature require, as a condi-
tion to getting a building permit,
that one waive his constitutional -
rights to be free of unreasonable
search and seizure of the home he
is to build. Or, as a condition to
getting a driver's license, that he
not only permit a blood sample
to be taken, but also that he
waive his right to counsel in the
event a given degree of intoxica-
tion is found. Or, as a condition
to getting an insurance policy,
that the assured be required to
submit to a lie detector test if
he is suspected of arson of the
insured property. Or, as a condi-
tion to operating a bank, that he
consent to the rack to force a
confession of having embezzled
the funds on deposit. The possi-
bilities are limitless, and as dan-
gerous as those inherent in A.B.
466.
There is another, and very
practical objection to tke bill. By
your companion measure, a find-
ing of blood alcohol of a speci-
fied amount is prima facie evi-
dence of intoxication. This pre-
sumes blood alcohol tests are the
subject of an exact science. I am
sure you are aware this isn't so.
The competency of the medical
technician and the laboratory
technician is not uniform in every
case. To make the blood alcohol
finding prima facie evidence of
guilt is to change the burden of
proof, and make the citizen con-
vict himself, rather than requir-
ing the state to do it.
This bill is unworthy of the
support of any lawyer. It is un-
worthy of you. By withdrawal of
it, you have the rare opportunity
to strike a blow for constitutional
liberties. :
_I would appreciate it if you
would advise me when the same
is to be considered by the Com-
mittee on Criminal Procedure. -
Jerome F. Downs.
`A Letter from Mr. Wong
Editor:
I am sending you herewith one
hundred dollars as a token of my
gratitude and appreciation for
your good work. Last July I was
having trouble with the Immigra-
tion Office here and your attor-
ney was a great help to me.
Your wonderful service meant
a great deal to me and to the
Chinese community. Please ac-
cept the contribution and my sin-
cere thanks to you and your
legal advisers. I admire your
work for the maintenance of hu-
man rights-Wong Let Poy.
Hon. Discharge
in Army Reserve
Security Case
The ACLU was informed last.
month of the successful disposi-
tion of an Army Reserve security
case. The case involved a 31-year-
old veteran who, shortly before
the expiration of his term of
service in the standby Reserve
was served with security charges.
The individual was charged
with membership since 1960 in
the Young Socialist Alliance, act-
ing as an official at a conference
of that group, subscribing to
"The Militant," published by the
Socialist Workers Party, and
maintaining: a close and sympa-
thetic association with an official
of the Socialist Workers Party.
Following a hearing at which
he was represented by the
ACLU, the Army decided to
grant the individual an honorable
discharge from the U.S. Army
Reserve "by reason of expiration
of term of service."
is Deprivation
Of Citizenship
Punishment? -
The recent 5 to 4 decisions of
the U.S. Supreme Court in the
Mendoza-Martinez and Joseph
Henry Cort cases involved the
constitutionality of Federal laws
providing for automatic loss of
citizenship whenever a citizen
departs from or remains outside
the jurisdiction of this country
-for the purpose of evading his
military obligations. The major-
ity held that these laws were un-
constitutional.
`The cases turned on the ques-
tion whether such forfeiture of -
citizenship is a penalty. The ma-
jority concluded that "the legis-
lative history of and judicial ex-
pression with respect to every
congressional enactment relating
to the provisions in question dat-
-ing back to 1865 establish that
forfeiture of citizenship is a pen-
alty for the act of leaving or.
staying outside the country to
avoid the draft. This being so,
the Fifth and Sixth Amendments.
mandate that this punishment
cannot be imposed without a
prior criminal trial and all its
incidents, including indictment,
notice, confrontation, jury trial,
assistance of counsel, and com-
pulsory process for obtaining
witnesses. If the sanction these
sections impose is punishment,
and it plainly is, the procedural
safeguards required as incidents
of a criminal prosecution are
lacking. We need go no further."
The dissenters' position may
be summed up in the statement
of Justice Stewart,-"I cannot
agree with the Court's major
premise-that the divestiture of
citizenship which these statutes
prescribe is punishment in the
constitutional sense of that
term."
Justices Black and Douglas,
while joining in the majority
opinion insisted "that Congress
has no, power to deprive a person
of the citizenship granted the
native born by Sec. 1, cl. 1, of the
Fourteenth Amendment."
Post Office
Seizes Foreign
Propaganda'
The United States government
is once more attempting to pre-
vent its residents from accepting
unsealed mail (printed matter of
various kinds) which it de-
termines "to be Communist polit-
ical propaganda." The Post Office
and the Treasury Department are
acting under authority of Public
Law 87-793, adopted by the previ-
ous Congress,
Addressees Notified
Addressees of printed matter
deemed to be Communist polit-
ical propaganda are notified by
the Postmaster that the material
"cannot be delivered to you un-
less you have subscribed to it, or
otherwise want it." If the addres-
see wishes the mail he must
return a card, within a given
time, appropriately checked. If
the Postmaster does not receive a
response "it will be assumed that
you do not want to receive the
publication(s) listed, or any sim-
ilar publication. This mail will
then be destroyed."
Legal Challenges
For a number of years the
Federal Government carried on
the same program without the
benefit of a law. The ACLU in
Chicago filed test suits whicn
were abandoned when President
Kennedy ended the practice by
Executive Order. New test suits
will no doubt be filed.
Thus far, the local ACLU has
been informed of only two in-
stances where publications have
been withheld. In both cases the
notices came from the Post-
master in New York City. The
ACLUNC will consider filing of
a test suit in northern California
when it receives complaints of
seizures by the San Francisco
Postmaster.
Internal Security."
Street), 8:00 p.m.
new and prospective
May schedules.
Calendar of Local Events
For New Members
1963 MEMBERSHIP CAMPAIGN
March 22-in Sonoma-Ernest Besig, executive direc-
tor, discussed ACLU's program with prospects and
new members at the home of Dr. John Robinson.
March 24-the Sacramento chapter held its annual
breakfast, hearing Trevor Thomas, acting presi-
dent of the Pacifica Foundation and manager of
radio station KPFA, speak on "Free Speech and
April 5-the Marin chapter will introduce the ACLU to
prospects, with Howard Friedman, chairman of
the ACLUNC Board, officiating - at the Sam
Hanzel's, 100 Goodhill Road in Kent Woodlands,
8:30 p.m. Folk singing and refreshments will round
out the civil liberties' evening. Admission: for
prospective members, free; for members, the
company of an interested non-member. :
April 5-the Napa membership committee will hold a
public meeting, with Trevor Thomas speaking on
"The KPFA Investigation and What it Means to
Civil Liberties"-in the Student Union Building
of Napa College (on Park Avenue, off Jefferson
April 15-the San Francisco membership committee
will present readings from "The Crucible," Arthur
Miller's play of witch-hunting in ancient Salem, by
the cast of the Actor's Workshop-at the Unitarian
Church, Franklin and Geary, 8:00 p.m. Ernest Besig
will lead the discussion following the presentation.
Admission: free for prospective members; the com-
pany of a non-member for members.
April 30-the Walnut Creek-Lafayette membership com-
mittee will feature Dr. Leo Koch, professor of
biological sciences dismissed by the University of
Illinois because of his open views on pre-marital
sexual relations, on "Academic Freedom and Civil
Liberties.' The committee is applying for the
gymnasium of Diablo Junior College as the meet-
ing place. Keep your eye on the Lafayette Sun and
the Walnut Times for confirmation or change of
place. The time will be 8:00 p.m. |
May 5-the Berkeley membership committee will greet
with Trevor Thomas talking on "Communication
and the Open Society"'-at the home of Mrs.
Moncharsh, 22 Roble Road.
Committees in Fresno, Modesto and Orinda are in
the process of planning meetings, but their speakers and
dates are still indefinite. Watch your local papers for (c)
developments in April and the next NEWS issue for
members in the afternoon,
L.A. School Oath Upheld
By State Supreme Court
The State Supreme Court on February 28 upheld the con- |
stitutionality of a regulation of the Los Angeles school board -_-
requiring applicants for use of school facilities as meeting
places (under the Civic Center Act) to file the following state-
ment:
"The undersigned states that,
to the best of his knowledge, the
school property for the use of
which application is hereby made
will not be used for the commis-
sion of any act which is pro-
hibited by law, or for the com-
mission of any crime including,
but not limited to, the crime spe-
cified in Sections 11400 to 11401
of the California Penal Code [the
Criminal Syndicalism Act]. I cer-
tify (or declare) under penalty
of perjury that the foregoing is
true and correct." -
`Beliefs Excluded
The court found no objection
to this statement because it "does
not require an applicant to di-
vulge its political, sociological or
economic beliefs. Neither does it
require an applicant to set forth
its general purposes, its associa-
tions, or anything about itself
save and except the use to which
it intends to put the school prop-
erty - and even in that regard
it makes no distinction between
prospective uses so long as they
are within the law."
Presumption of Innocence
The court said that the state-
ment did not "subvert the pre-.
sumption of innocence If such
statement be deemed to require
the applicant to prove its fitness
to use the property, we see noth-
ing unconstitutional therein. Such
is not a burden of proving in-
nocence; it is a mere limitation
on use. It is no more unwarrant-
ed than the burden created by
_the simple requirement that an
applicant state the specific pur-
pose for which it intends to use
the property." .
School Board Duty
The court also pointed out that
a school district has a statutory
duty to prevent illegal use of its
property. "If the applicant know-
ingly intends to use the premises
for illegal purposes, the board
is entitled to know this in ad-
vance, and to prevent, by deny-
ing a permit, the abuse of the
privilege."
Unnecessary Requirement
Finally, the court declared that
"The requirement that an appli-
eant deny an intent to commit
radical syndicalism appears to
have been entirely unnecessary,
but it makes the respondent's
ordinance neither more nor less
broad or arbitrary."
San Diego Requirement Invalid
At the same time, the court
held that a loyalty statement re- ~
quired by the San Diego school
board in applying for use of a
school as a meeting place was
repugnant to the free speech
guarantees of the Federal Con-
stitution.
Both cases were filed by the
ACLU and handled by counsel
for the ACLU of Southern Cali
fornia. =
ACLU NEWS
APRIL, 1963
Page 3
_C.0. Draft Deferments
The American Civil Liberties Union called last month
for elimination in the draft law of the section requiring
belief in a Supreme Being as a condition for deferment as a
conscientious objector.
In testimony before the Senate Armed Services Com-
mittee, the civil liberties group
said that the United States Su-
preme Court's 1961 decision in
the Torcaso case made the Su-
preme Being clause in the Uni-
versal Military Training Act
unconstitutional and it should be
deleted.
Belief in God
The high court in the Torcaso
ease unanimously held that a
Maryland constitutional provi-
sion requiring a belief in God as
a qualification for holding any
public office violated the free-
dom of belief and religion of an
applicant for a notary public's
position, The high court said:
"We repeat and again reaffirm
that neither a State nor the Fed-
`eral Government can constitu-_
tionally force a person `to profess ~
a belief or disbelief in any re-
ligion" Neither can constitu-
tionally pass laws or impose re-
quirements which aid all relig-
ions as against non-believers, and
neither can aid those religions
based on a belief in the existence
of God as against those religions
founded on different beliefs."
Draft Law Provision
Under the terms of the draft
law those persons who by reason
ot religious training or belief are
opposed to war are given a
conscientious objector status. The
law defines religious training and
belief as meaning "an individ-
ual's belief in a relation to a Su-
preme Being involves duties su-
perior to those arising from any
human relation, but does not in-
clude essentially political, socio-
logical, or philosophical views or
a merely personal moral code."
The ACLU testimony, presented
by its Washingten director, Lawr-
ence Speiser, stressed that many
CO's have a deep-felt conviction
against personal participation in
war which is just as strong as
those whose beliefs spring from
a more formal religious convic-
tion.
State Prescribed Dogma
"The present law recognizes
the fact that men will in good
faith refuse to bear arms or to
participate in any war. It fails to
recognize, however, that a man's
conscience, whether or not rooted
in a belief in a Supreme Being,
reserves the recognition and re-
spect of the community regard-
less of disagreement with the
source of his conviction. To rec-
ognize the principle, but to re-
strict its application, in effect
sanctions state-prescribed dogma.
Certainly the Armed Forces can-
not, and possibly dare not, probe
into the motivations of all those
who accept the mandate to be
inducted or `volunteer' in lieu
therof. At least, in matters of
conscience, no more than in mat-
ters of speech, the attempted
imposition of doctrine by the
state is anathema to free men.
Moreover, our democratic society
ean rightfully pride itself on the
First Amendment guarantee of
freedom of conscience, only if
it asserts the special responsi-
bility to recognize the dictates of
the individual conscience.
Equal Treatment
"We do not suggest that per-
sons without formal religious
- training or belief who have con-
scientious objection to war should
ACLU NEWS
APRIL, 1963
Page 4
be given special benefits, but
only that their conviction be re-
garded as deserving of equal
treatment. We realize that one
argument advanced against ex-
empting non-religious pacifists is
that persons seeking to evade
military service will seize on the
conscientious objection ex em p-
tion as a dodge. We cdo not be-
lieve this is a realistic concern
because criteria for proving
legitimate conscientious 0 bjec-
tion can be drawn up, including,
as only one factor, consideration
of membership or activity in
non-religious pacifist and other
organizations which have ob-
jected to war. The final deter-
mination unfortunately-but
necessarily because it involves
`conscience'-must rest on an
eben of the individual be-
lief."
ACLU Opposes
"Southern
Justice"
The American Civil Liberties
Union last month asked the Su-
preme Court to reverse the rape
conviction of William Smith, Jr.,
a poor, illiterate 26-year-old Mis-
sissippi Negro because "he was
deprived of due process of law
every step of the way.
"From the time of his arrest
until the day of his conviction,
petitioner was treated unfairly
by every agency of the state
with which he had contact," de-
clared a_ brief supporting the
appeal.
N 0 Probable Cause
Smith was "arrested without
probable cause," the brief noted,
"held in detention unconstitu-
tionally, subjected to coercive
forces until he confessed, denied
counsel at a crucial pre-trial
juncture, denied the right to
counsel for 53 days, and finally
was represented at trial by his
court-appointed attorney."
Signed Confession
Described as an inarticulate,
superstitious youth who had at-
tended school only two years,
Smith was arrested in July, 1961,
along with several. male neigh.
bors after a 14-year-old white
girl reported that she had been
raped and after a bloodhound
taken to the scene by officers
had led them to an area inhab-
ited by Negroes. He was ques-
tioned continuously for 12 hours
by five officers, two of whom
were armed, and was subjected
to a lie detector test which they
told him showed he lied when
he denied committing the crime.
He signed a confession which
was introduced at his trial.
Denied Counsel
Denied counsel for 53 days,
Smith waived preliminary exam-
ination and was held in jail. In
September, 1961, an attorney ap-
pointed to represent him de-
clared himself ready for trial
four days after being assigned
the case. An all-white jury heard
evidence and returned a guilty
verdict in one day. Smith was
sentenced to die in Mississippi's
gas chamber. Subsequently the
state's Supreme Court affirmed
the conviction. The case was then
taken to the U. S. Supreme
Court, e
a
No Immunity
For Telephone
Company
The ACLU is supporting the
suit of Edgar J. Sokol for $40,000
damages which occurred after
the Pacific Telephone Company
removed the telephones from his
place of business without notice
or hearing in October of 1961.
The Company acted after receipt
of a letter from the Chief of Po-
lic stating there was reason to
believe Sokol was using the
phones to aid an illegal purpose.
The phones were restored 14
days later by order of the Public
Utilities Commission which
found that they were not being
used for an illegal purpose.
On March 18, 1963, Superior
Court Judge Joseph Karesh ruled
that the Telephone Company was
not immune from liability for its
acts and that the Superior Court
had jurisdiction to hear the ease.
Contrary contentions were made
by the Telephone Company and
its attorneys, Pillsbury, Madison
and Sutro, in a motion for sum-
mary judgment. In denying the
motion Judge Karesh indicated
that he could not countenance a
situation whereby exclusive juris-
diction to hear the matter was in
the Public Utilities Commission
and yet that Commission had no
power to award damages. ACLU
staff counsel Marshall W. Krause
had argued that this result would
deprive Sokol of his liberty and
property without remedy and
without due process of law. The
same answer was given to the
Telephone Company claim the
Public Utilities Commission had
made them immune from civil
liability if they removed a tele-
phone after receiving a letter
from a law enforcement officer.
Police Chief Cahill and Ser-
geant Mullan, who sent the er-
roneous information to the Tele-
phone Company, are also defend-
ants in the suit. A jury trial on
the merits will be requested.
--M.W.K.
Court Protects
Indigents In
Criminal Cases
Last month, the U. S. Supreme
Court in three cases came to the
aid of the indigent who becomes
enmeshed with the criminal law.
First, it held unanimously that
an indigent accused of a felony
must be furnished counsel.
Justice Black's opinion said
that "reason and_ reflection
require us to recognize that in
our adversary system of criminal
justice, any person hailed into
court, who is too poor to hire a
lawyer, cannot be assured of a
fair trial unless counsel is pro-
vided for him. This seems to us
to be an obvious truth." :
The court, therefore, reversed
the conviction of Clarence Earl
Gideon who was required to rep-
resent himself on a charge of
breaking into a pool hall in
Florida with intent to steal.
Counsel On Appeal
In a second case, the court
ruled in a California case by a
6 to 3 vote, that an indigent has
the right to assistance of coun-
sel on an appeal. The court said
that in withholding counsel on
an appeal ".. . the discrimination
is not between `possibly good and
obviously bad cases,' but between
cases where the rich man can re-
quire the court to listen to argu-
-ment of counsel before deciding
on the merits, but a poor man
cannot. There is lacking that
equality demanded by the Four-
teenth Amendment where the
rich man, who appeals as a right,
enjoys the benefit of counsel's
examination into the record, re-
search of the law, and marshall-
ing of arguments on his behalf,
while the indigent, already
burdened by a preliminary de-
_ termination that his case is with-
out merit, is forced to shift for
himself. The indigent, where the
record is unclear or the errors
Negro Registrations
Protection
Sou
Vote eae
The federal government was urged last month to deffid
more vigorously the rights of persons who are trying to get
Mississippi Negroes registered as qualified voters.
"Stern measures" should be taken by the Department of
Justice, Attorney General Robert F. Kennedy was: told by
the American Civil Liberties Un-
ion.
Such action is warranted be-
eause "the situation in Missis-
sippi has so deteriorated and pre-
sents so little promise of improv-
ing in the foreseeable future,"
the ACLU told Kennedy.
Fed. Gov't Not Inactive
"We realize, of course, that
the Administration is not inac-
tive in Mississippi and note that
the Justice Department only a
few weeks ago filed its eleventh
law suit in the state under the
voter-registration provisions of
the Civil Rights Act," John de J.
Pemberton, Jr., national ACLU
executive director, wrote the At-
torney General. "But the respons-
ibility of the government doesn't
end there. It extends as well to
affirmative assistance and pro-
tection of private citizens who
are exercising their First
Amendment rights for the pur-
pose of securing their Fifteenth
Amendment rights. That the
State of Mississippi denies a vast
number of its citizens their right
to vote is a scandal; that it phys-
ically interferes with persons ac-
tively engaged in seeking the
franchise and other civil rights
is equally outrageous."
= Suit Filed
Pemberton's letter was prompt-
ed by filing of a suit in Federal
District Court in Washington on
January 2 against Kennedy and
FBI Director J. Edgar Hoover.
In the action, known as Moses,
et al., eight Mississippians asked
that the government be com-
pelled to arrest and prosecute
Mississippi law enforcement of-
ficers and private citizens who
have interfered with Negro vot-
are hidden, has only the right to
a meaningless ritual, while the
rich man has a meaningful ap-
peal."
Free Record On Appeal
In still a third decision
(Draper vs. Washington), the
court decided in a 5 to 4 decision
that "In all cases, the duty of the
State is to provide the indigent
as adequate an appellate review
as that given appellants with
funds-the State must provide
the indigent defendant with
means of presenting his conten-
tions to the appellate court
which are as good as those avail-
able to a nonindigent defendant
with similar contentions."
er registration campaigns by in-
timidating, attacking, and arrest-
ing the plaintiffs. These inci-
dents, the complaint charged,
violated Section 242 of Title 18
of the U. S. Code which pro-
hibits the denial of a citizen's
civil right by any person acting
"under color of law'-in their
official capacity.
No Protection
The complaint also asserted
that despite repeated requests
for protection in advance of
planned civil rights' demonstra-
tions, the protection was never
provided by the FBI or U. S.
marshals. -
The ACLU letter to Kennedy
was based on a decision of the
Union's Board of Directors that
although the relief sought in the
suit was not within the power of
the courts to grant, the Depart-
ment of Justice should be urged
to relieve the problems raised
in the suit.
Ruthless Oppression |
"It is common knowledge to
all of us engaged in civil liber-
ties and civil rights work, and
to the nation at large," Pember-
ton's letter noted, "that the de-
nial of constitutional rights to
Negroes in Mississippi, as well
as other parts of the deep south,
is compounded by ruthless op-
pression of any activity-activ-
ity guaranteed by the First and .
Fourteenth Amendments-to re-
lieve that oppression."
Few Prosecutions
While acknowledging "legal
and practical problems" because
of a prior Supreme Court deci-
sion and the "atmosphere" and
structure of the judicial system
in Mississippi, the ACLU execu-
tive said:
"None of these impediments
should deter the government
from discharging its primary
duty under the Civil Rights Acts.
. It is our understanding that
few if any (such) prosecutions
have been instituted in Missis-
sippi within the past few years.
With the dramatic increase in
civil rights activity in the South,
the need for protection and as-
sistance, as demonstrated by the
Moses suit, is made all the more
imperative. We urge as force-
fully as possible that the Depart-
ment of Justice give serious at-
_ tention to the questions raised in
the Moses suit."
The first right of a citizen
Is the right
To be responsible.
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