vol. 30, no. 3

American

Civil Liberties

Union

Volume XXX

SAN FRANCISCO, MARCH, 1965

Church and State Violations

Changes Sought

In President's

Education Bill -

The American Civil Liberties Union warned last month

that President Johnson's aid to education program required

revision so as to avoid serious violations of the constitutional

principle of separation of church and state.

The Union's views were contained in testimony in Wash-

ington before the Senate Educa-

tion and Welfare Committee

holding hearings on S. 370, the

bill embodying the President's

much - discussed education pro--

gram. The testimony was de-

livered by Lawrence Speiser, di-

rector of the Union's Washing-

ton office, and George La Noue,

instructor of government and ed-

ucation at Columbia University's

Teachers College and a member

of the ACLU Church-State Com-

mittee,

Major Changes Needed

Urging major changes, the

civil liberties group said that "as

it is written the bill could au-

thorize the most dangerous sub-

version of the constitutional prin-

ciple of church-state separation

since James Madison's famous

Remonstrance set the directions

of American religious liberty in

1786. :

"Unless such clarification is

achieved we may find that~-

possibly simultaneously-we have

Spawned a precedent - setting

movement of religious institu-

tions into control of public pro-

grams and unprecedented con-

trol of church-related activities

by the infusion of federal funds."

Shared Time

The ACLU testimony devoted

major attention to the most pub-

licized aspect of the President's

program, the effort to skirt the

sensitive church-state separation

issue by directing aid to children

of low income families, including

those attending parochial schools,

through part-time attendance at

public schools. The shared time -

or dual enrollment concept has

been the subject of intensive de-

bate in educational, religious and

civil liberties circles as to its

_constitutionality, and the ACLU

emphasized in its testimony that

a major debate was still being

conducted within its own ranks.

' The Union stressed that while no

decision has yet been reached, it

was offering comments to the

Committee based on its discus-

sion and the experience of its lo-

cal units which might assist the

Congress in considering this deli-

cate and involved subject.

Problem Areas

The ACLU offered a number

of areas in which shared time

practices - or abuses - might

offend the First Amendment's

separation principle or create

other constitutional problems.

This concerns Title 1 of the bill

under which financial aid is given

to local education agencies to

assist children in low income

~ families.

1. Discrimination: Equal pro-

tection of the laws could be in-

fringed, the ACLU said, if poor

children from a parochial school

attend a public school under

Shared time "while ... children

`of other parochial schools who

live within its district" are ex-

cluded. While its giving special

aid to children of low-income

families is a reasonable classifi-

eation, the Union urged that the

Commissioner of Education be

required to adopt regulations

that would prevent local pro-

grams from discriminating

against religions. ; 3

2. Racially segregated schools:

Noting that shared time arrange-

ments would ease the burden for

financing of private schools, "by

permitting the most costly ele-

ments of the total educational

responsibility to be shifted onto

the public schools,' the Union

said that this procedure might

motivate persons who want to

avoid the Supreme Court's 1954

school desegregation decision to

set up their own private schools.

"Moreover, since courses in the

humanities and social sciences

could be retained by the private

schools, segregationists might

find that school an excellent ve-

hicle for indoctrination of racist

views and attitudes."

- 3. Plans serving religious pur-

poses: If shared time programs

are not to violate the Constitu-

tion, they must serve public not

religious purposes, the ACLU

witnesses said. Location of school

facilities, selection of teachers,

textbooks, curriculum and sched-

uling of classes and school holi-

days must all "be made to serve

public purposes if dangerous

community divisiveness and dis-

crimination against religious mi-

norities is to be avoided."

4. Aiding the parochial school

rather than the student: While

the claim that shared time is con-

Number 3

Heilberg Case

In Supreme

Court

. On February ist the United

States Supreme Court handed

down an order noting probable

jurisdiction in the case of Heil-

berg vs. Fixa, et al. This is the

ease handled by the American

Civil Liberties Union of North-

ern California which resulted in

a declaration that the screening

program for "Communist politi-

cal propaganda" was unconstitu-

tional and also resulted in an in-

junction restraining government

officials from enforcing the pro-

gram. The government filed an

appeal in the case directly to the

Supreme Court and in view of

the obvious importance of the

matter, counsel for Mr. Heilberg .

did not resist the appeal.

The decision of the Supreme

Court to note probable jurisdic-

tion means that the case will be

argued in Washington, D. C. in

the spring and a decision finally

deciding whether the screening

program is constitutional or not

will be handed down in early

summer. Meanwhile the program

continues to operate in all sec-

tions of the country since the

District Court which held it un-

constitutional granted a govern-

ment motion to stay the force of

its order until final decision of

the U. S. Supreme Court.

stitutionally permissible rests on

the theory that the aid is given

directly to the student and not

the parochial school, the ACLU

warned that the "inter-institu-

tional relationships likely to de-

velop from the inclusion of num-

bers - of " students

schools into the student body of

any school, creates a risk that

these public services will be ex-

tended further than to the stu-

dent - to the parochial: school

itself." As an example of a dan-

ger spot, the Union pointed to

the bussing of parochial schools

students between the public and

parochial schools.

5. Dilution of public control of

public expenditure: The `very

touchstone of constitutionality"

in shared time programs is that

-Continued on Page 2

in the legislative field.

demic freedom.

Legislative Conference

- An ACLU legislative action conference is in the off-

ing as this issue of the NEWS goes to press. It is under

the sponsorship of ACLUNC chapters, with Berkeley-

Albany, Marin, Mid-Peninsula and Mt. Diablo, jointly

serving as hosts. According to latest reports, the confer-

ence may be held at the Claremont Hotel in Berkeley on

Saturday, March 20, 1965. On the other hand, it may be |

held on Saturday, March 27.

If the gathering is held on March 20, John de J.

Pemberton, Jr., national executive director of the ACLU,

will be the headline speaker at the luncheon meeting.

Registration for the conference will begin at 9:30

A.M. The morning session, starting at 10:15 o'clock,

will be spent mainly in a consideration of ACLU's role

Four workshops are being planned for the afternoon

which will be related to proposed legislation at the cur-

rent session of the State Legislature within the concerns

of the ACLU. The first workshop will deal with proposed

measures affecting the guarantees of equal protection

of the law under the Fourteenth Amendment. (Police

actions, demonstrations, civil rights, etc.)

_ The second workshop will deal with proposals falling

within the Fourth and Sixth Amendments-Search and

seizure, rights of defendants, etc.

The third workshop is related to proposals falling

within the First Amendment guarantees and involve

questions of freedom of speech, loyalty oaths and aca-

The fourth workshop will deal with proposals that fall

within the Eighth Amendment and involving punishment,

treatment, mental health, probation, welfare and parole.

Further information about the conference will go to

all members in the near future in a special mailing.

of "parochial

Advised Verdict

Three Lawyers

And Secretary

Acquitted

San Francisco Municipal Court Judge Leo Friedman

brought a sudden end to the trial of attorneys Evander

Smith, Herbert Donaldson, and Elliott Leighton and secre-

tary Nancy May for obstructing a police officer in the course

of his duties when he advised the jury to bring in a verdict

of "Not Guilty" on motion of de-

fense counsel, Marshall W.

Krause, at the close of the prose-

cution case. The jury dutifully

retired to the jury room and in

about ten minutes returned with

their unanimous vote of "Not

Guilty." Thus on the second day

of testimony and the fourth day

of the trial (the first two days

were consumed in choosing the |

jury) the case ended without

ever hearing from any of the ap-

proximately 30 witnesses who

were lined up to testify for the

defendants.

Police Witnesses

The testimony by. the prose-

cution's police witnesses was

Vagrancy Cases

Dismissed

As predicted in the December

issue of the ACLU News, the

vagrancy charges against Everett

Hill and William Sandness were

dismissed by the San Francisco

District Attorney in Municipal

Court last month on grounds of

"insufficient evidence." Hall and

Sandness were charged under a

statute which the ACLU believes

to be unconstitutional, Penal

Code Section 647a(2), which pro-

vides that .a..persan. loitering

"about any school or public place

at which `children attend or nor-

mally congregate' is a vagrant.

One of the problems with this

section of the Penal Code is illus-

trated by the dismissal in the

Hill and Sandness cases. The sec-

tion gives the police

blanche to arrest those persons

whom they consider to be unde-

sirable for whatever reason a

policeman may have in his mind.

But when the case comes into

court, the District Attorney has

no evidence on which to proceed

because the courts have in-

terpreted this section to mean

that only those persons who have

the intention to annoy children

are meant to be covered by the

statute. However, under the

wording of the statute a police-

man is perfectly entitled to ar-

' rest any person sitting in a play-

ground or park or at a place

where children normally congre-

gate even though no children are

there at the time.

Successful

Intervention for

Rejected Student

Refusal of the College of San

Mateo to permit the registration

of a qualified former student

was reversed last month after

intervention by the ACLU.

A College official admitted it

had made a mistake in rejecting

the student who was merely sus-

pected of being involved in

thefts from the college book

store and store room. The ACLU

was told that the boy had been

"Involved in some very sus-

Picious circumstances." Needless

to say, he denied being involved

in any thefts, and the College

had no case against him.

After admitting its mistake,

the College went to some pains

to see to it that the boy was

properly registered in the new

semester beginning February 1.

carte (c)

that the three attorneys folded

their arms, firmly planted their

feet, and told the policemen that

they could not go into the ball-

room of a party sponsored by

the Council on Religion and the

Homosexual being held at Cali-

fornia Hall, because it was a

private one and admission was by

invitation only. Other police tes-

timony showed that when police

officers gave a valid reason for

entering, such as inspecting for

fire regulation violations, they

were allowed to enter and were

given an escorted tour of the

premises and could stay as long

as they wished.

No Reason Given

The attorneys objected, how-

ever, when a large crowd of po-

licemen attempted to enter with-

out stating any reason on the

basis that their presence was for

the purpose of intimidation and

harassment of the party guests

rather than the performance of

any police function. The secre-

tary, Nancy May, was accused of

saying the same words to a

policeman and putting her hands

on his shoulders, but she denied

the latter action.

ACLU Position

The ACLU position is that the

mere statement of words which

do not amount to a threat of

physical restraint or violence,

can not, as a matter of law, be

held as interfering with an of-

ficer in the course of his duties.

Under questioning by defense

counsel Krause and by Judge

Friedman, the police officers ad-

mitted that they made no at-

tempt to walk around the attor-

neys or get by them in the 16

foot wide corridor where the in-

cidents took place. Instead, the

police officers said that since

the premises were crowded they

felt hemmed in and did not wish

to try to shove through other

people. The police officers also

admitted under cross-examina-

tion that they did not ask the at-

torneys or any of the other per-

sons watching the incident to

stand aside so that they could get

through.

Judge's Opinion

Judge Friedman in granting

the defense motion for an ad-

vised verdict told the jury that

in his opinion the evidence was.

insufficient to support the

charge of the complaint that the

defendants willfully resisted and

obstructed public officers, to wit:

Rudolph J. Nieto and Richard

Castro, qualified and acting po-

lice officers of the said city and

county who were then and there

in the performance of their duty

as such officers in entering the

premises commonly known and

designated The California Hall

... " The undisputed evidence

was that the police officers

could and did enter the premises.

Right to Counsel

The ACLU was also concerned

with the arrest of the attorneys

because they were acting as

counsel to the Council on Re-

ligion and the Homosexual and,

as such, had the right to advise

the police officers of their opin-

ion as to the applicable law. The

arrest of these attorneys for

merely giving their opinions can

be classified as nothing but

-Continued on Page 3

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

Leo Borregard

Rey. Richard Byfield

Prof. James R. Caldwell

Richard DeLancie

Rabbi Alvin f. Fine

Mrs. Zora Cheever Gross

Albert Haas, Jr.

Howard A. Jewel

Rey. F. Danford Lion

Prof. Seaton W. Manning

John R. May

Honorary Treasurer:

Joseph S. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mes. Paul Couture

John J. Eagan

Joseph Eichler

Morse Erskine

Dr. H. H. Fisher

Mrs. Margaret C. Hayes

' Prof. Ernest Hilgard

Mrs. Paul Holmer

Mrs. Mary Hutchinson

Richard Johnston

Board of Directors of the American Civil Liberties Union

_of Northern California

CHAIRMAN: Howard A. Friedman

VICE-CHAIRMEN: Helen Salz

Rev. Harry B. Scholefield

SECRETARY-TREASURER: John M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

Prof. John Henry Merryman

Prof. Charles Muscatine

Prof. Herbert Packer

Clarence E. Rust `

John Brisbin Rutherford

Mes. Martin Steiner

Gregory S. Stout |

Stephen Thiermann

Richard E. Tuttle

Donald Vial

Richard J. Werthimer

GENERAL COUNSEL

Wayne M. Collins

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucca

Norman Lezin

Prof. John Henry Merryman

Rey. Robert W. Moon

Dr. Marvin J.:Naman

Prof Hubert Phillips

Prof. Wilson Record

Br. Norman Reider

Prof. Wallace Steqner

Mrs. Theodosia Stewart

Rt. Rey. Sumner Walters

State Board of Education

Will Consider Mack Cases

For a period of nearly five years the ACLU of Northern

California has been representing William Mack and Rita

Mack in their fight to prevent the State Board of Education

from revoking their teaching credentials. Neither Mr. or

Mrs. Mack have been teaching during this period since at

_ the time the case arose they were

only temporary employees and

. were not rehired.

Misrepresentation Charged

_ The State Board of Education

seeks to revoke their credentials

for the reason that when they

signed Levering Act oaths in 1958

stating that they had not been

`members of an organization ad-

vocating the violent overthrow

of the Government, they had in

fact been (until their resigna-

tions in 1957) members of the

Communist Party. The Macks

have never denied their past

membership and have always

taken the position that they per-

sonally did not hear any discus-

sion of overthrow of the govern-

ment within the Communist

Party, nor did they believe that

the Communist Party did advo-

cate violent overthrow of the

government. The State Board of

Education and the Attorney Gen-

eral have taken the position that

since certain governmental agen-

cies have decided that the Com-

munist Party was in favor of vio-

Jent overthrow of the Govern-

ment, the Macks should have

known this and stated it in their

Joyalty oaths even though the

oath makes no mention of the

Communist Party.

ACLU Position Sustained

The ACLU's position was sus-

tained when the case was on ap-

peal to the District Court of Ap-

peal last year. That Court held

that it was error for the State -

Board of Education and for the

Superior Court to take judicial

notice of the "fact" that the Com-

munist Party during the perti-

ment period advocated violent

everthrow of the government,

and that is was also error for the

State Board of Education and

the Superior Court to consider

the testimony of professional

anti-Communist, Karl Prussion,

and his testimony was ordered

stricken from the record.

ACLU NEWS

MARCH, 1965

Paqe 2

After the decision of the Dis-

trict Court of Appeal, the Supe-

rior Court remanded the case

back to the State Board of Edu-

cation where they were sent for

a new proposed decision to the

same hearing officer who origi-

nally decided against the Macks.

Now this hearing officer, Cole-

man Stewart, has presented a

new proposed decision reaffirm-

ing his previous findings. No

consideration whatsoever is given

to the fact that it is the. Macks'

honest belief that the Communist

Party did not advocate the over-

throw of the government while

they were members. Nor is con-

sideration given to the fact that

the Levering Act oath does not

ask anything in addition to a

statement of the beliefs of the

person who signs it. Thus a

signer is not required to accept

the opinion of a government

agency, but is only required to

give his honest belief.

Board Hearing Mar. 11-12

The proposed decision of the

hearing officer will come before

the State Board of Education at

its March 11-12 meeting in Los

Angeles at which time Staff

Counsel Marshall W. Krause will

urge that the proposed decisions

not be adopted and that the State

Board of Education find that

there was no evidence that the

Macks filed a false Levering Act

oath and therefore order that

their credentials be restored.

"Point of Order"

At S.F. Theatre

March 12-18

Another opportunity is of-

fered the publie to see the ex-

cellent film about the McCarthy-

Army hearings entitled "Point of

Order." The sereening is sched-

uled for the Surf Theatre, 4510

Irving St., San Francisco, March

12-18.

Oppese HUAC

Investigation

Of Ku Klux Kian

The American Civil Liberties

Union registered strong objec-

tion last month to a proposed

investigation of the Ku Klux

Klan and other ultra-right groups

by the House Un-American Ac-

tivities Committees. The civil

liberties organization said that

the HUAC had no authority to

probe "acts of physical harass-

ment and violence" which clear-

ly were within the authority of

the Department of Justice to in-

vestigate and prosecute.

Letter to Willis

The ACLU's views were set

forth in a letter to Chairman

Edwin E. Willis of the HUAC

sent by its national executive di-

rector, John de J. Pemberton,

Jr. The HUAC Chairman has an-

nounced that he and the Com-

mittee's staff is making a pre-

liminary inquiry into whether

an investigation should be held

of the Klan, the American Nazi

Party, the Minutemen and the

Black Muslims. The action was

prompted by a demand for in-

vestigation of the Klan by Con-

gressman Charles Weltner of

Atlanta, Ga.

Violations of Criminal Law

Reiterating its basic civil lib-

erties opposition to investigation

of political beliefs and associa-

tions by the HUAC, the ACLU

said:

"Tt has been argued that. in- -

vestigation of the Ku Klux Klan

and the other named groups is

entirely proper because these

organizations go past the bounds

of free speech and association

and actually engage in acts of

physical harassment and _ vio-

lence. Certainly the record dem-

onstrates such activities and we

condemn them most vigorously.

However, such activities fall into

the category of violations of

criminal law, which the Depart-

ment of Justice has the clear

authority to investigate and pros-

ecute. And if any questions arise

`as to the Department's inade-

quate enforcement of these laws

the House Un-American Activi-

ties Committee is certainly not

the unit to review this issue. It

has no authority whatsoever to

involve itself in this area. This

function is within the specific

authority and responsibility of

the Hous Judiciary Committee.

Trial by Publicity

"But apart from overt acts in

which these groups engage, a

full investigation by the HUAC

of these organizations is bound

to produce the same kind of

`exposure for exposure's sake'

which does serious harm to free-

dom of speech and association

in our country. If public hear-

ings are held, `trial by publicity'

in which people will be accused

of wrong doing without the bene-

fit of confronting and cross-ex-

amining accusers, and for which

the HUAC has been roundly

criticized in past investigations

will certainly occur.

Single Standard

"We realize that our civil lib-

erties, the democratic standards

in which the ACLU believes and

fights for, runs directly counter

to the philosophy of the Ku Klux

Klan and the other' groups

named, and it would be easy for

us, as it is for some others, to

cheer the HUAC's proposed in-

vestigation. But the vitality of

_the democratic institutions we

defend lies in their equal appli-

cation to all. The single standard

is still the best standard and it

should be observed at every

level of government... .

HUAC Mandate Opposed

"As you know, the American

Civil Liberties Union opposes

the Committee's mandate to in-

vestigate Un-American propa-

ganda activities in the United

States on the ground that such

inquiries violate the First

Amendment's guarantees of

freedom of speech, press and

association. Although the U. S.

Supreme Court upheld in the

1959 Barenblatt ease, in a 5 to 4

responding any longer.

of Rights.

1965 Membership Drive

Volunteers Needed

While a gratifyingly large number of names of pro-

spective ACLUNC members has been received, approxi-

mately 2,600 to date, the call for volunteers to undertake

the personal follow-up of prospects is disappointing,

particularly in San Francisco. Although numerous people

have previously offered to help, not all of those contacted

for work in this drive have as yet returned the postcards

sent them, and they are urgently requested not to delay

The office has an especial need for volunteer typists

during office hours (weekdays 9 to 5), from now until

May. Members who have the time and are able to type

are urged to contact the office.

We shall be most grateful for any and all assistance

given our major annual effort to increase membership.

Growth is essential if we are to continue, and even to

broaden, the level of our activities in defense of the Bill

"Un Chant d'Amour"

Superior Court Obscenity

Ruling To Be Appealed

The ACLU will appeal the ruling by Alameda County

Superior Court Judge George W. Phillips, Jr. that the film

"Un Chant d'Amour," written and directed by Jean Genet,

is obscene and that its performance would be in violation

of the State Penal Cede.

In order to be obscene under

California law, a film must be

"utterly without redeeming so-

cial importance." Both the

United States and the California

Supreme Courts have construed

"social importance" to include

works dealing with sex in a man-

ner advocating ideas and works

of literary or artistic value.

Work of Art

During the trial, ACLU volun-

teer attorneys Albert Bendich

and Neil F. Horton called five

witnesses who testified that the

film had value as a work of art.

Professor Kerans, of the Univer-

sity of Califernia Drama Depart-

ment; Irving Saraf, Director of

film production at KQED; Mark

Linenthal of the San Francisco

State Poetry Center; Jackson

Burgess, Associate Professor of

English at the University of Cali-

fornia; and Susan Sontag, novel-

ist and film critic, all testified

that the film made imaginative

use of visual symbols and dis-

played a grace, economy, and in-

tegration of elements typical of

Jean Genet.

Susan Sontag also. testified

that the film was in the tradi-

tion of poetic films, which in-

cluded works by Cocteau, Bunuel

and Dali.

Prison Conditions Portrayed

In addition, Jan Marinissen,

Rehabilitation Secretary of the

American Friends Service Com-

mittee, who counsels about 300

persons.a year at San Quentin,

and Dr. Bernard L. Diamond,

Professor of Criminology and

Law at the University of Cali-

fornia and Assistant Chief of

Psychiatry at Mount Zion Hos-

pital, testified that the film ac-

curately portrayed prison condi-

tions. Both agreed that the film

would be useful in educating

the public to the deplorable con-

ditions of prison life.

The film, through an _ inter-

mingling of reality and fantasy,

portrays the sexual longings and

the loneliness and confinement of

prisoners.

Jean Genet, the film's author

decision, the constitutionality of

the HUAC mandate, we continue

to believe that grave constitu-

tional infringements occur when-

ever and wherever the HUAC

probes the political beliefs and

associations of individuals. How-

ever, apart from questions of

constitutionality, we are con-

vinced that such governmental

investigations are unwise not

only because they thrust a gov-

ernmental body into the delicate

area of First Amendment free-

doms, but because they tend to

create a public climate of fear

and intimidation in which free

"Speech and. association of all

kinds are inhibited."

`distributor of the film,

and director, also is the author

of "The Balcony" and "The

Maids," both of which have been

performed by the San Francisco

Actors Workshop. He has also

written several other plays,

which are produced both in Eu-

rope and the United States, and

two novels. He is an avowed

homosexual and has spent most

of his life in prison,

Genet is the subject of Jean

_Paul Sarte's biography, "St. Ge-

net: Comedian and Martyr."

Banned by Berkeley Police

The Berkeley Police Depart-

ment banned "Un Chant d'-

Amour" by threatening to arrest

its exhibitors, apparently be-

cause the film portrays' mastur-

- bation and homosexual fantasies.

Saul Landaue, the West Ceast

then

brought suit to declare the film

not obscene and to enjoin any

arrests or threats of arrest.

Changes Sought

In President's

Education Bill

Continued from Page 1-~

expenditures of public funds be

controlled by public authorities,

the ACLU said. It called atten-

tion to the various ways under

the present bill in which public

control could be diluted by the

participation of religious author-

ities in the decision-making. One

of these was that certain pro-

grams be developed in coopera-

tion with the "public or non-

profit private agency respon-

sible' under community - action

programs of the 1964 anti-poverty

law. "...the direction to cooper-

ate might well be interpreted to

vest a veto power in, or require

participation by, church officials

(of the community-action agency)

in the local education program."

Another danger is that decisions

which the First Amendment re- -

quires to be made by public au-

thorities will be delegated, "for

administrative convenience

in working out dual enrollment

plans," to committees or bodies

representative of the parochial

school as well as the publie

school.

- Mandatory Language

A third is contributed by un-

necessarily mandatory language

requiring public schools to offer

arrangements such as dual en-

rollment in which part-time stu-

dents can participate. "Congress

should make it perfectly clear'"-

by adding but one word, "rea-

sonable" (to Title I's Section

205 (a) (2)) - "that it has no

intention of forcing public

schools to comply with every de-

mand for services that might

: -Continued on Page 4

Three Attorneys and

Secretary Acquitted

Centinued from Page I-

harassment of them for having

as clients an unpopular group of

citizens, namely, homosexuals

and persons who are attempting

to work with homosexuals in or-

der to integrate them into the

community.

Harassment Intended

Ht was clear from the testi-

mony that the police were in-

terested in harassing and dis-

turbing the party since the very

idea that homosexuals might en-

list the aid of religious leaders

as.obnoxious to the Department.

The police testified that the

presence of six uniformed po-

lice officers

clothes policemen at the party

was necessary to enforce the al-

eoholic beverage control laws at

' the bar. The police insisted that

this was their only purpose in

eoming to the party and that

they did not intend to make any

arrests in advance of coming.

However, this testimony was con-

siderably shaken when it was ad-

mitted on cross-examination that

prior to leaving the Hall of Jus-

tice for the scene of the party,

the officers had prepared 50

numbered cards which they in-

tended to hold in front of a per-

sen after he was arrested so that

he could be identified.

Photographers

The alleged purpose of the

police in enforcing the liquor

Jaw was also considerably shaken

by testimony that two police

photographers were present out-

side the hall, one taking flash

still photographs and one having

a motion picture camera with

floodlights. These photographers

took pictures of most of the peo-

ple entering and leaving the

party and the motion picture

eamera was used to illuminate

and take pictures of the interior

of cars delivering persons and

picking up persons from the

party.

Defense Witnesses

The defense witnesses who

were scheduled to testify would

have presented an extremely

strong phalanx to oppose the po-

lice testimony. Several ministers

and their wives witnessed the ar-

rests and would have _ testified

that at any time the police want-

ed to get into the ballroom they

could have gone around the at-

torneys and done so without any

difficulty. Also some of the

private policemen who had been

hired by the sponsors of the

party were prepared to testify

that the police version of the ar-

rest was not accurate.

The facts of this case indicate

that. pelice power was used to

and nine plain- -

make it embarrassing and dan-

gerous to attend a perfectly law-

ful party sponsored by a group

working with homosexuals. Un-

fortunately, trials like this can

never really clear up the prob-

Jem of lawless police activity,

since the defendants and many

other persons were considerably

inconvenienced by the fact that

there was a trial at all, and this

seems to provide some sSatisfac-

tion to the police department. It

is hoped. that negotiations will

continue between the Police De-

partment and the _ inter-faith

"group of ministers who support

the Council on Religion and the

Homosexual so that an under-

standing can be reached which

will enable this group to go

about its work in peace. .

Arrest for Using Profanity

ACLU Wil

Defend

Jakland

CORE Picket

University of California student Sharon Stern, who is a

member of the campus branch of the Congress of Racial

Equality, will be defended by the ACLU against charges

filed by the Oakland Police Department accusing her of dis-

turbing the peace and viola

ordinance because she said some

unladylike words on a _ picket

`line. The incident oecurred on

the evening of the anniversary

of Abraham Linecoln's birthday

in front of Jack London Square

Campaign Against

HUAC Appropriction

When rules reform in the House of Representatives was

debated on January 4 at the opening of Congress, it proved

impossible to have the status of HUAC considered. But Con-

gressman Edwards of California did obtain recognition from

the Speaker to state, for the record, regret on behalf of the

"group of Congressmen who have

been interested in action on the

Committee, and to say that "the

only opportunity in 1965 that

*Members of the House will have

to express their dissatisfaction

with the House Un-American Ac-

tivities Committee will be when

its appropriation will be up for

consideration. At that time there.

will be an opportunity for de-

bate and a vote."

A number of specifie ap-

proaches for action against the

HUAC have been discussed in

recent weeks. These include: (1)

resolutions such as one filed by

Congressman Edwards and a

small number of other Congress-

men which would abolish the

Committee as a standing Commit-

tee and transfer those of its func-

tions which are proper ("espio-

nage," "sabotage," etc.) to the Ju-

diciary Committee. The resolu-

tions have been referred to the

Rules Committee, where we may

assume they will remain unless,

perhaps, over a period of time,

pressure is built through similar

petitions by a really large num-

' ber of Congressmen (the new 21-

day rule does not apply to reso-

lutions going originally to the

Rules Committee). (2) focussing

attention on the HUAC appropri-

ation and calling for sizeable re-

duction in its 1965 funds. A re-

guest for $380,000, higher than -

any previous Committee appro-

priation, has been submitted to

the Administration Committee.

There may be other proposals

offered as Congressmen con-

cerned continue to discuss the

HUAC issue, and the ACLU may

support various specific actions.

What is unchanged is the need

for continuing mobilization of op-

position to the HUAC itself.

1. Write your Congressman ex-

pressing basic opposition to

HUAC, and suggesting that he

a) intreduce resolutions of the

kind presented by Congressman

Edwards (H. Res. 23) and b) ask

to testify before the Administra-

tion Committee in support of in-

cluding a sizeable reduction of

HUAC's appropriation. (A sub-

stantial public showing in sup-

port of a reduction would be an

4mportant sign by the Congress

of the Committee's loss of favor,

although our basic policy of sup-

port for abolition would, of

course, still stand.)

2. Encourage others to write

their Congressmen similarly.

3. Distribute The Case Against

`the House Un-American Activi-

ties Committee as widely as pos-

sible. (Price per copy, 35cent)

4. Write or meet with news-

paper editorial writers on HUAC,

using the Edwards' resolution

and the appropriation issue as

targets for editorial comment. If

you are successful in obtaining

an editorial, use it to write your

Congressmen again, ete.

ting Oakland's anti-profanity

where pickets from two CORE

ehapters were protesting the

Oakland Restaurant Association's

alleged racially discriminatory

hiring policies and the refusal

of the Association to meet with

CORE to discuss the question.

Clese Police Surveillance

About 200 pickets were close-

ly watched by about 30 to 40 po-

lieemen from the Oakland Police

Department. In fact, the pickets

were so closely watched that on

arriving for the scheduled pick-

eting activity many of them

were given tickets for violations

of driving or parking regulations.

Unflattering Language

Miss Stern was on the picket

-line when, according to the po-

lice, she used some unflattering

Janguage to a policeman. She is

eharged both with disturbing the

peace and violating an Oakland

Municipal ordinance which

makes it a crime to utter any

profanity or seditious words in

the presence of another person.

Miss Stern denies the use of of-

fensive language and her wit-

nesses will testify that she only

uttered an exclamation when a

policeman shoved her to one

side. The ACLU feels that re-

gardless of which version is

closer toe the actual facts, Miss

Stern's conduet could not amount

to a disturbance of the peace,

`and the Oakland Municipal ordi-

nance is unconstitutionally broad

and vague.

Feur Others Arrested

Four other persons were ar-

rested at the picket line about 40

minutes after Miss Stern. Three

are charged with obstructing an

officer in the course of his du-

ties, but they claim that their

only conduct was to inquire why

a fourth person was arrested.

The fourth person was arrested

for alleged use of profanity and

is also charged with refusing to

eome peaceably when he was

arrested and attempting to: es-

eape. Since these charges raise

John W.Mass

Case Comes

To An End

More than eleven years after

it started, the case of John W.

Mass, San Francisco City College

English teacher, came to an

end last month. with the pay-

ment to him of back salary, with

interest, for the entire period of

time he did not teach. He was

reinstated to his teaching posi-

tion last September and ever

since has been teaching without

incident. Dismissal proceedings,

charging "Unprofessional Con-

duct," resulted from his refusal

to answer questions of the House

Committee on Un-American Ae-

tivities concerning former mem-

bership in the Communist Party

and were initiated December 10,

1953.

Total Settlement

A photocopy of the back-salary

check which Mass received but - -

with his name and address elim-

inated is printed on this page of

the NEWS. The total settlement

of $136,755.61 includes $1,033.-

06 in costs which the ACLU ad-

vanced in the case. In addition,

the School District has spent

many thousands of dollars on

its own printing bills and previ-

ous court costs not to speak of

the time of its attorneys.

Compromise Rejected

It is interesting to note that in

March, 1961, a settlement was ar-

ranged with the School District's

attorney, Irving Breyer, which

provided for the reinstatement

ef Mass and the payment te him

of about $19,000. No public an-

nouncement of the hboard's re-

jection of the proposed settle-

ment discussed in executive ses- -

sion, was ever made. Mr. Breyer

thereafter reportedly assured the

commissioners that Mr. Mass

would never again teach at City

College.

Three Trips to High Court

. The history of the Mass case

has been reviewed many times

in past issues of the NEWS. Suf-

fice to say at this time that it

required three successful trips te

the State Supreme Court and

that every ACLUNC staff coun-

sel has worked on it. Marshall |

W. Krause, present staff coun-

sel, brought the case to a success-

ful conclusion. He inherited it

from Albert M. Bendich and the

latter inherited it from Lawrence

Speiser. The ACLU Board of Di-

rectors recently adopted a rese-

lution expressing its apprecia-

tion to all three and the ACLU

executive director for the sue

eessful handling of the ease.

Teaching Credential Problem

On June 28, 1960 the State ~

Credentials Commission rejected

Mass' application for a teaching

eredential to replace one that

had lapsed. On the recommenda-

tion of a hearing officer, the

State Board of Education issued

the credential. In that proceed-

ing, Mass was also represented

by the ACLU.

questions of fact, the four will be

represented by private counsel.

Harassment Charged _

After these incidents, the

picket line broke up without fur-

ther interference by the police

except that many of the depart-

ing pickets were again given

tickets for traffie violations. The

CORE groups have issued a state-

ment claiming that the Oakland

Pelice Department was engaged

in harassing peaceful picketing

at the instigation of the res-

taurant owners. They also charge

that hecklers using profanity

against the picketers were not

disturbed and when a picketer

asked the policeman whether he

heard a particularly outrageous

remark of a heckler the police

man answered "I can't hear anye

body but you."

ACLU NEWS

MARCH, 1965

Page 3

Cox v. Louisiana

nstrat

ions

Peaceful mass demonstrations were the subject of the

U.S. Supreme Court's consideration in the case of Cox v.

State of Louisiana, decided January 18, 1965, and, while the

court set aside the conviction of the leader of the demonstra-

tion, who was charged with "disturbing the peace." `"ob-

structing public passages" and

"courthouse picketing," the case

suggests that the court will crack

down on mass demonstrations no

`matter how noble the purpose.

Demonstrating and

Speech Different

"We emphatically reject

~~ the notion urged by appellant,"

`said Justice Goldberg's prevail-

ing opinion, "that the First and

Fourteenth Amendments afford

the same kind of freedom to

those who would communicate

ideas by conduct such as patrol-

ing, marching, and picketing on

streets and highways, as these

amendments afford to those who

`communicate ideas by pure

speech. ... We reaffirm the

statement of the Court in Gibo-

ney v. Empire Storage and Ice Co.,

that `it has never been deemed

an abridgment of freedom of

speech or press to make a course

of conduct illegal merely because

` the conduct was in part initiated,

evidenced, or carried out by

means of language, either spok-

en, written, or printed.'

"We have no occasion in this

case to consider the constitution-

ality of the uniform, consistent,

and nondiscriminatory applica-

tion of a statute forbidding all

access to streets and other pub-

lic facilities for parades and

meetings. .. ."

Picketing May Be Prohibited

Justice Black went further.

""The First and Fourteenth Am-

endments, I think," said he, "take

-away from government, state and

federal, all power to restrict

freedom of speech, press, and as-

sembly where people have a.

right to be for such purposes.

This does not mean, however,

that these amendments also

grant a constitutional right to

engage in the conduct of picket-

ing or patrolling, whether on

publicly owned streets or on

privately owned property... .

Were the law otherwise, people

on the streets, in their homes

and anywhere else could be com-

pelled to listen against their will

' to speakers they did not want to

hear. Picketing, though it may

be utilized te communicate ideas,

is not speech, and therefore is

not of itself protected by the

First Amendment."

At another point, Justice

Black repeated his views as fol-

lows: "As I said above, I have no

doubt about the general power

of Louisiana to bar all picketing

on its streets and highways.

Standing, patrolling, or march-

ing back and forth on streets is

conduct, not speech, and as con-

duct can be regulated or pro-

hibited."

Duty to Keep Order

At still another point, Justice

Black declared: "Minority groups

in particular need always bear

in mind that the Constitution,

while it requires States to treat

all citizens equally and protect

them in the exercise of rights

granted by the Federal Consti-

tution and laws, does not take

away the State's power, indeed

its duty, to keep order and to do

justice according to law. Those

who encourage minority groups

`to believe that the United States

ACLU NEWS

MARCH, 1965

Page 4

al

cated to liberty.

Constitution and federal laws

give them a right to patrol and

picket in the streets whenever

they choose, in order to advance .

what they think to be a just and

noble end, do no service to those

minority groups, their cause, or

their country."

"Unfettered Discretion"

In this case, the law punish-

ing "obstructing public pas-

sages," as applied, granted public

officials "unfettered discretion"

in regulating the use of streets

and sidewalks for peaceful pa-

rades and meetings, and, indeed

discriminated in favor of labor

organizations. The next case may

not suffer from such diabilities

and it should then come as no

surprise if the Supreme Court

takes a stand against peaceful

mass demonstrations.

"No Place for Violence"

ACLUN_1946 ACLUN_1946.MODS ACLUN_1946.batch ACLUN_1947 ACLUN_1947.MODS ACLUN_1947.batch ACLUN_1948 ACLUN_1948.MODS ACLUN_1948.batch ACLUN_1949 ACLUN_1949.MODS ACLUN_1949.batch ACLUN_1950 ACLUN_1950.MODS ACLUN_1950.batch ACLUN_1951 ACLUN_1951.MODS ACLUN_1951.batch ACLUN_1952 ACLUN_1952.MODS ACLUN_1952.batch ACLUN_1953 ACLUN_1953.MODS ACLUN_1953.batch ACLUN_1954 ACLUN_1954.MODS ACLUN_1954.batch ACLUN_1955 ACLUN_1955.MODS ACLUN_1955.batch ACLUN_1956 ACLUN_1956.MODS ACLUN_1956.batch ACLUN_1957 ACLUN_1957.MODS ACLUN_1957.batch ACLUN_1958 ACLUN_1958.MODS ACLUN_1958.batch ACLUN_1959 ACLUN_1959.MODS ACLUN_1959.batch ACLUN_1960 ACLUN_1960.MODS ACLUN_1960.batch ACLUN_1961 ACLUN_1961.MODS ACLUN_1961.batch ACLUN_1962 ACLUN_1962.MODS ACLUN_1962.batch ACLUN_1963 ACLUN_1963.MODS ACLUN_1963.batch ACLUN_1964 ACLUN_1964.MODS ACLUN_1964.batch ACLUN_1965 ACLUN_1965.MODS ACLUN_1965.batch ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log . . there is no place. for

violence in a democratic society

dedicated to liberty under law,"

said Justice Goldberg, "and that

the right of peaceful protest

does not mean that everyone

with opinions or beliefs to ex-

press may do so at any time and

at any place. There is a proper

time and place for even the most

peaceful protest and a plain duty

and responsibility on the part of

all citizens to obey all valid laws

and regulations. There is an

equally plain requirement for

laws and regulations to be drawn

so as to give citizens fair warn-

ing as to what is illegal; for

regulation of conduct that in-

volves freedom of speech and as-

sembly not to be so broad in

scope so as to stifle First

Amendment freedoms, which

`need breathing space to survive;'

for appropriate limitations on

the discretion of public officials

where speech and assembly are

intertwined with regulated con-

duct; and for all such laws and

regulations to be applied with an

equal hand. We believe that all

of these requirements can be

met in an ordered society dedi-

We reaffirm

our conviction that `freedom and

viable government are .. . indi-

visible concepts.' "

Replenish

Supply of

HUAC Pamphlet

After its original supply was

exhausted, the ACLU last month

received another supply of a

hew pamphlet, "The Case

Against HUAC," published by its

national office last December.

The 36-page pamphlet sells for

35 cents.

The pamphlet discusses in de-

tail (1) the constitutionality of

the Committee's mandate, (2)

the harm done to people ex-

posed or mentioned, and (3) the

dangerous use of the Commit-

tee's files and "citations," and

(4) its impact on education, civil

rights, peace activities and re-

ligion.

Orders will be filled promptly.

They should be sent to the

ACLUNC office, 503 Market St.,

San Francisco, Calif. 94105, ac-

companied by payment.

-lished March, 1962.

Pamphlets,

Books for -

SalebyACLU

The following books and pam-

phliets 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. Movies and Censorship, by

Bosley Crowther - Public Af- .

issued Septem-

Price, 25

fairs Pamphlet,

ber, 1962. 28 pages.

cents,

5. The Wiretapping Problem

Today - A report of the Ameri-

can Civil Liberties Union, pub-

20 pages.

Price, 20 cents. :

6. 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:

7. Religious Schools and "Sec-

ular" Subjects - An analysis of

the premises of Title II, Section

305 of the National Defense Edu-

cation 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,

8. Obscenity and Censorship -

Two statements of the American

Civil Liberties Union, March,

1963. 8 pages. Price 10c.

9. Freedom to Read, by Peter

Jennison - Public Affairs pam-

phlet issued May, 1963. 20 pages.

Price, 25c:

10. Combatting Undemocratic

Pressures on Schools and Li-

braries - A guide for Local

Communities. Published by the

American Civil Liberties Union,

February, 1964. 14 pages. Price,

10c.

11. The Case Against the

House Un-American Activities

Committee - Published by the

American Civil Liberties Union,

December, 1964. 36 pages. Price,

35c,

12. T he Un-Americans, by

Frank J. Donner-Published by

Ballantine Books, Inc. Presents

in a popular manner the commit-

tee's abuses over the years. Price

60 cents.

13. 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,

14. 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,

15. Report of the American

Civil Liberties Union of North-

ern California - July 1, 1960 -

June 30, 1963. 48 pages, Price,

35cente, Free to members.

materials

Changes Sought in

President's Education Bill

Continued from Page 2-

come from part-time students,"

the ACLU said.

Potential Problem

A potential problem "lies in

the nature of the public school

which, from its mandate, must

offer a curriculum intended to

supply all the educational needs

of the age group it serves."

In contrast parochial schools do

not have a "comprehensive man-

date"; they may offer what they

choose when dual enrollment

programs stand ready to supple-

ment their offerings. Thus, by

exercising that choice the paro-

chial school authorities will de-

termine - to the extent that the

public school officials cannot -

what the total program of the

dually enrolled student shall be.

Clear Problems

The ACLU testimony struck

especially hard at Titles II and

Ill of the bill for "creating con-

stitutional problems about which

there can be no doubt." Title II

concerns school library resources

and instructional materials such

as textbooks and Title III deals

with supplementary educational

centers' and services.

Although Title II guarantees

-that the materials furnished will

be only those approved by a state

or local educational authority for

use in public schools, one section

of the bill which says that such

"will be provided...

for the use of children and

teachers in non-public elemen-

tary and secondary schools" cre-

ates an ambiguity. This ambigu-

ity, the ACLU commented,

"leaves it open to the interpreta-

tion that church institutions

themselves will acquire title to

such materials... .Surely the out-

right grant of title to materials ac-

quired from public funds to

schools maintained for religious

instruction will be a clear viola-

tion of that constitutional stand-

ard to which we are all com-

mitted... ."

Direct Federal Aid

Another section of Title II

which came under heavy fire was

a provision which allows the

Commissioner of Education to

by-pass state laws which do not

authorize library resources and

textbooks to parochial schools

and extend the federal aid di-

rectly. This procedure circum-

vents the state constitutions' pro-

tection for religious liberty and

separation of church and state,

the ACLU said.

Indefensible Action

"It is entirely indefensible. It

is federal interference in the ed-

ucational affairs of a state at its

worst. If the. people of a state

have decided to make explicit in

their constitution that their state

shall not support religious edu-

cation, that action is entitled to

respect. Moreover, if the state's

courts provide a judicial remedy

for such guarantees, then federal

action by-passing them will be a

circumvention of both the state

and federal constitution. That is,

it will circumvent both unless the

law of standing [the rigkt to

bring a suit} in federal courts is

changed to provide a judicial

remedy for unconstitutional fed-

eral grants."

Centers and Services

Turning to Title III, the ACLU

said that the same kind of clarifi-

cation suggested for the shared

time programs needed to be ap-

plied to aid programs involving

supplementary educational cen-

ters and services. The danger of

dilution of public control was

present, the civil liberties organi-

zation said, in the section which

would authorize outright grants

to non-public agencies, including

potentially churches and church

schools. And even more so where

grants are made to public bodies

"through the participation of rep-

resentatives of churches, church

schools and church-controlled

colleges and universities in the

conduct of such programs."

Poor Drafting

The poor drafting which marks

the entire education bill, leading

-to public support of religious in-

stitutions, is shown also in Title

IV which deals with cooperative

research activities, the ACLU

said. Under this title, grants, fel-

lowships, construction of facili-

ties, and educational experi-

ments, including experimental

schools are authorized. "This

title ...need not have been draft-

et to authorize direct support of

research and training in religious

education in order to achieve its

purposes. Nor is it necessary that

its provisions be so loose as to

allow title to publicly-construct-

ed facilities potentially to be

transferred to religious institu-

tions. No part of the purpose of

Title IV requires this breadth of

authority. It suggests that Con-

gress is being asked to abdicate

its responsibility to the Constitu-

tion and leave it entirely to ad-

ministrative discretion to deter-

mine what programs and what

expenditures may tend toward

an `establishment of religion.'

Amendment Urged

The ACLU testimony also

urged the House Education and

Labor Committee to alter Title

VI of the bill which gives the

Commissioner of Education gen-

eral authority to contract with

public and non-profit private

agencies for service and facilities

to be employed in the administra-

tion of the bill. Backing up its

concern that the bill presently

dilutes public control of educa-

tional funds, the ACLU urged an

amendment to state that "no au-

thority over or responsibility for

the administration of federally

financed programs shall vest in

a church or a religious or de-

~ nominational agency or institu-

tion."

The civil liberties organization

also urged that a provision be.

added allowing judicial review of

the final measure, in light of the

many constitutional questions

raised and Supreme Court de-

cisions limiting a citizen's stand-

ing to sue on constitutional is-

sues,

`The first right of a citizen

Is the right

To be responsible

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