vol. 30, no. 1

American

Civil Liberties

Union

Volume XXX

Excerpts From Writings Of

Dr. Alexander Meiklejohn |

Following are a few excerpts from the writings of Dr.

Alexander Meiklejohn:

Meaning of First Amendment

"The First Amendment. seems to me to be a very un-

compromising statement. It admits of no exceptions. It tells

us that the Congress and by implication, all other agencies

of the Government are denied any authority whatever to

limit the Political Freedom of the citizens of the United

States. It declares that with respect to political belief, po-

litical discussion, political advocacy, political planning, our

citizens are sovereign, and the Congress is their subordinate

agent. That agent is authorized, under strong safeguards

against the abuse of its power, to limit the freedom of men as

they go about the management of their private, their non-

political affairs. But the same men, as they endeavor to

meet the public responsibilities of citizenship in a free so-

ciety, are in a vital sense, which is not easy to define, beyond

the reach of legslative control."-Testimony befere Hen-

nings Committee, November 1955.

Principles of Academic Freedom

"With respect, then, to the qualifications of members of

a university Faculty, the principles of Academic Freedom

may be formulated somewhat as follows:

1. No person may be appointed to a Faculty except with

the approval of colleagues competent to judge his qualifica-

tions.

2. No person may be dismissed from a Faculty except

as, in the judgment of his colleagues, he has failed to meet

requirements established by the Faculty as a whole.

3. No definition of qualifications or conditions of mem-

bership in a Faculty may be adopted except on recommenda-

tion of the Faculty as a whole.''-Crisis at the University of

California, November 1949.

Academic Self-Government

"An institution in which academic men are judged, in

which their qualifications are defined and assessed, by other

men who are not academic, who are not accredited as

scholars and teachers, who do not belong to that Community

of Learning which is the Faculty,-such an institution may

have the virtues of a Factory or of a Business Office. But it

is not a University. Unless the Pursuit of Truth is Self-

Governing, it is not the Pursuit of Truth."-Crisis at the Uni-

versity of California, November 1949.

ribute to

lexander

By RABBI ALVIN I. FINE

According to an old tradition, when one is in the pres-

ence of a man extraordinarily great in learning and wisdom,

one should say: "Praised be the Lord who has given a por-

tion of divine wisdom to mortal man." This benediction came

always to my mind when I was in the presence of Alexander

Meiklejohn. If true human sta-

SAN FRANCISCO, JANUARY, 1965

ture is measured by the dimen-

sions of the mind, the spirit and

the heart of a man, then Alec

Meiklejohn was a giant among

us. We sat with him as disciples

with a great master, although he

never deliberately sought to play

that role or to force himself

upon us. He guided and enlight-

ened us by the bright clarity of

his own thought. Like some mod-

ern Socrates, he also stimulated

us-prodded us, when necessary

-to think for ourselves; to think

clearly, to question constantly,

to examine carefully with an un-

compromising concern for intel-

lectual honesty.

He was unfettered in his life-

Jong quest for truth, and un-

flinching in making us face the

truth, even when it unsettled or

ill-suited personal preferences

and predilections. He taught us

that the task of the thinking man

is not to make it easy for him-

self but rather to reach higher

and higher, no matter how diffi-

cult the climbing becomes. He

was fearless and indomitable in

his life-long defense of freedom

-a courageous champion and a

brilliant spokesman who gave us

heart and conviction to join him

in the cause.

And in all of this he was al-

ways Alee, kind and gentle and

--Continued on Page 3

Number 1

U.C. Free Speech Fight

Marin Chapter

Meeting Jan. 24

Searle Speaks

The Annual Meeting of the

Marin Chapter of the

ACLUNC will be held Sunday

evening, January 24, 1965 at

Marin county's Frank Lloyd

Wright Civic Center.

Prof. John R, Searle of the

Univ. of California Philosophy

Department, who was the star

of the recent KQED two and

a half hour program on the

free speech fight at the Uni-

versity, will speak on "The

Crisis at the University of

California."

In addition, attorney Carl

Shapiro will describe his ex-

perience as a lawyer in Missis-

sippi. Chairman Sali Lieber-

man will preside.

The members will elect a

board of directors for 1965.

The meeting is open to the

general public,

The Board of Regents of the University of California on

December 18 referred the question of its campus free speech

policies to a special committee of seven members which,

hopefully, will make recommendations-to the Board at its

January meeting. The language of the main resolution setting

HUAC Hearings

Delayed Until

March or April

According to Ed Montgomery

of the San Francisco Examiner,

the House Committee on Un-

American Activities will hold

public hearings in "March or

April at the earliest." The Com-

mittee held an executive session

in San Francisco last July during

the Republican national conven-

_ tion.

The Committee had originally

been slated to hold hearings in

September but they were then

put over until late November or

early December. Two members

of the committee were defeated

for re-election and one member

lost a bid for the Senate. Conse-

quently, there will be a number

of new faces on the committee.

The subject of the hearings has

not been disclosed. The best

guess is that they will involve

students who travelled to Cuba

in defiance of the State Depart-

ment ban. Also, in recent weeks,

the suggestion has been made

that the Committee will try to

pin a red label on the Free

Speech Movement at the Univer-

sity of California.

The Committee last made a

public visit to San Francisco in

May, 1960 when student demon-

strators had fire hoses turned on

them. Sentiment against the

Committee is just as strong now

as it was then and the Commit-

tee will no doubt again receive

an unfriendly welcome.

Propaganda

Decision

Appealed

Last month the Department of

Justice filed a Notice of Appeal

to the United States Supreme

Court from the decision in Heil-

berg vs. Fixa, et al. holding that

the statute regulating receipt of

"Communist Political 0x00A7Prop-

aganda" was. unconstitutional.

Also last month the United

States Supreme Court agreed to

hear the case of Lamont vs. Post-

master General in which a three-

judge Court in New York de-

cided that the same statute was

not. unconstitutional. It is ex-

pected that the Heilberg case,

which was brought by the ACLU

of Northern California, will be

argued and decided at the same

time as is the Lamont case.

forth its position is so ambigu-

ous, however, that, at this time,

one can only speculate as to its

meaning and effect.

Content Of Speech

With respect to "advocacy and

the content of speech," the Re-

DR. ALEXANDER MEIKLEJOHN

Dr. Alexander

Meiklejohn Dies

Dr. Alexander Meiklejohn,

world-renowned educator, recip-

ient of the Presidential Medal of

Freedom and one of the nation's

leading civil libertarians, died

last month at the age of 92 fol-

lowing a three-day illness.

Dr. Meiklejohn was one of the

50 founders of the ACLU in 1920

and also helped to found its

Northern California branch in

September 1934. He had been a

member of the local board of di-

rectors since the beginning and

in recent years he had been one

of its vice-chairmen, He was also

a member of the ACLU's Na-

tional Committee. In 1957, the

annual meeting of the branch

was held in his honor and he

spoke on "Liberty or Freedom."

Dr. Meiklejohn was an uncom-

promising foe of HCUA, loyalty

oaths and McCarthyism. He in-

sisted that under the. First

Amendment political freedom

may not be limited. And he

fought for the right of academic

communities to govern them-

selves.

Di Meiklejohn attended

Brown and Cornell universities.

He taught philosophy at Brown

and served as President of Am-

herst College from 1912 to 1923.

He was founder of the famous

Experimental College at the Uni-

versity of Wisconsin and in San

Francisco in the thirties he head-

ed the School of Social Studies.

- Persons wishing to commemo-

rate Dr. Meiklejohn's life-long

devotion to the cause of freedom

and liberal education may send

contributions to the Alexander

Meiklejohn Memorial Fund, care

of Prof. Joseph Tussman, chair-

man of the Philosophy Depart-

ment at the University of Cali-

fornia, Berkeley. Mrs. Meikle-

john has announced that a me-

morial service will be held in

the middle of January.

Dr. Meiklejohn is not only sur-

vived by his wife, Helen, but

three sons and one daughter as

well as twelve grandchildren,

`demic Senate held that

gents seem to be in agreement

with the Berkeley Division of

the Academic Senate, They now

recognize that the First and

Fourteenth Amendments set the

boundaries for speech on cam-

pus as they do off campus. The

courts have recognized, as ex-

plicity stated by the Faculty,

that there may nevertheless be

regulations as to `the time, place

and manner of exercising polit-

ical freedom."

Confusion

In resting on the Federal

Constitution, however, the Re-

gents have at the same time un-

fortunately confused their stand

by in a sense forsaking the Con-

stitution and also declaring that

in reviewing University policies

their intent is to provide "max-

imum freedom on campus con-

sistent with individual and group

responsibility." Do not the First

and Fourteenth Amendments, as

interpreted by the courts, pre-

scribe what freedom on campus

is "consistent with individual

and group responsibility?"

Does this phrase mean that the

new regulations will deal with

more than the time, place and

manner of on-campus political

activity? And, to what extent, if

any, will the Regents attempt

to regulate off-campus political

activities of students?

Unlawful Off-Campus Action

In a previous policy declara-

tion the Regents prohibited the

mounting on campus of "unlaw-

ful off-campus action," but the

meaning of these words has not

been spelled out. Is it the Re-

gents' intention to adhere to this

position?

This is one of the fighting is-

sues on which the Faculty and

the Free Speech Movement have

differed sharply with the Re-

gents and the Administration.

In its recent proposals the

Berkeley Division of the Aca-

"off-

campus student political activi-

ties shall not be subject to Uni-

versity regulation."

Non-Violent Demonstrations

In the context of the times,

these conflicting declarations re-

-Continued on Page 4

ENVELOPE

STUFFERS

NEEDED

The last day of the month is

mailing day for the ACLU

NEWS at the office, 503

Market St., San Francisco, un-

less the last day of the month

falls on Saturday or Sunday,

in which case the mailing

takes place on Friday. A crew

of volunteers is needed to

stuff almost seven thousand

envelopes. Because of our

growing mailings, we need

MORE VOLUNTEERS.

If you can serve, won't you

please telephone Mrs. Pamela

Ford, our Membership Direc-

tor, at EXbrook 2-4692, and

add your name to Ye Jolly

Crew of Envelope Stuffers.

Please do it NOW! The next

mailing will be Friday, Janu-

ary 29, from 9 to 12 a.m.

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

-Leo Berregard

Rey. Richard Byfield

Prof. James R. Caldwell

Richard DeLancie

Rabbi Alvin |. Fine

Mes. Zora Cheever Gross

Albert Haas, Jr.

Howard A. Jewel

Rey. F. Danford Lion

Prof. Seaten W. Manning

John R. May

Honorary Treasurer:

Joseph S. Thompson

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Sara Bard Field

' Mrs. Gladys Brown

Mrs. 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 Saiz

Rev. Harry B. Scholefield

SECRETARY-TREASURER: Jokn M. Fowle

EXECUTIVE DIRECTOR: Ernest Besig

Committee of Sponsors

Prof. John Henry Merryman

Prof. Charles Muscatine

Prof. Herbert Packer Z

Clarence E. Rust

John Brisbin Rutherford

Mrs. Martin Steiner

Gregory S. Stout

Richard E. Tuttle

Stephen Thiermann

Richard J. Werthimer

Donald Vial

GENERAL COUNSEL

Wayne M. Collins

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Prof. John Henry Merryman

Rey. Robert W. Moon

Dr. Marvin J. Naman

Prof Hubert Phillips

Prof. Wilson Record

Dr. Norman Reider

Prof. Wallace Stegner

Mrs. Theodosia Stewart

Rt. Rey. Sumner Walters

22 Students Win

Awards in Santa

Cruz Co. Contest

Twenty-two Santa Cruz county

high school students received

awards on December 15 in the

Second Annual Civil Liberties

Competition for high school stu-

dents sponsored by the Santa

Cruz County Chapter of the

ACLUNC, d

Top winner was Barbara Bailey

of Soquel High School, who won

several prizes for art work in

the competition for upper di-

vision students. She received a

total of $60 in prize money.

Stephen Strickland of Santa

Cruz High School won $50 in

prizes in the upper division

essay contest.

Printed scrolls of the Bill of

Rights were presented to the

winners by Santa Cruz Mayor

Norman Lezin at an ACLU meet-

ing at Cabrillo College. They

received their cash prizes at

subsequent school exercises.

Santa Cruz District School Super-

intendent D. A. Morrissey lauded

the winners for their achieve-

ments at a meeting presided

over by Chapter Chairman Stan-

Jey Stevens. Dan Miller directed

presentation of the awards.

Growing out of the ACLU Com-

petition is a special award of

$300 received by the Santa Cruz

School District from the Consti-

tutional Rights Foundation and

accepted on behalf of the Dis-

trict by Mrs. Mary Duffield,

Santa Cruz High School journal-

ism teacher from Governor Ed- .

mund G. Brown at exercises in

Los Angeles. This was a special

award "for the dedication and

creativity shown in its commu-

nity-wide project," of which Mrs.

Duffield is the spearhead.

Superintendent Morrissey an-

nounced that the $300 will be

used to increase the prize money

in the ACLU Bill of Rights Com-

petition.

In other action, the annual

membership meeting elected the

following 18 directors: Mary

Ellen Brown, Bates Elliott, Herb

Foster, John Garvison, Duncan

Holbert, Margaret Lezin, John

Lingemann, Dan Miller, Dr. Mar-

vin Naman, John Paizis, Eliza-

beth Moore, Ann Read, Stanley

Stevens, Fern Tobey, Frank

Woods, Mary Westwood, Myra

McLoughlin and Ian McPhail.

Burnett Britton

Named ACLU

Asst. Director

Last month, the ACLU an-

nounced the appointment of Bur-

nett Britton, 42, to the post of

Assistant Director of the ACLU

of Northern California.

Britton graduated from Yale

University in, 1948. Thereafter

he was employed as an FBI agent

until 1961, at which time he re-

signed. In 1963 Britton graduated

from the University of San Fran-

cisco Law School and on June 16,

1964 he was admitted to the

California Bar.

Britton is married and lives

with his wife Anne and three

children in San Francisco. He

was born in Shanghai, China.

During World War II he was a

Staff Sergeant in the U. S. Army.

In his post, Britton will do

liaison work with the ACLU's

nine chapters and assume staff

responsibility' for the branch

Chapter, Education and Legisla-

tive commiitees. Britton expects

to attend meetings of chapter

boards early in the year. He is

assisting in planning the 1965

Chapter Conference tentatively

scheduled for February 27 in

Berkeley.

Writ Denied in

Forstner Case

The City of San Francisco has

been frustrated for the third

time in its attempt to keep beard-

ed James Forstner out of his job

as a probation officer at the

Youth Guidance Center during

the pendency of the City's ap-

peal from a Superior Court de-

cision giving Forstner back his

job. The City filed its third pe-

tition for a Writ of Supersedeas

in September of 1964 and the

Court did not act upon it until

mid-December at which time it

was denied without opinion.

Meanwhile, Forstner has been

working at the Youth Guidance

Center without complaint as to

his performance.

The ACLU's opposition to the

City's third writ was prepared

by volunteer attorney Robert Se-

ligson. The City's appeal from

the Superior Court order rein-

stating Forstner is still pending

and will probably be argued in

the summer of 1965.

ACLU Intervenes

in Supreme

Being C.O. Cases

The American Civil Liberties

Union said Jast month that the

requirement that. conscientious

objectors avow belief in a Su-

preme Being as a qualification

for draft exemption is uncon-

stitutional. A friend-of-the-court

brief, filed with the United

States Supreme Court, states

that Section 6(j) of the Military

Training and Service Act, which

establishes this requirement,

"creates a governmentally sanc-

tioned form of religion and thus

directly affronts the First

Amendment."

Three Cases

The ACLU brief was submit-

ted in behalf of three men-

Daniel Andrew Seeger, Arno

Sascha Jakobson, and Forest

Britt Peter, whose cases the

high court heard on Novem-

ber 19. All three were re-

fused classification as conscien-

tious objectors because of non-

adherence to orthodox religious

beliefs, and were convicted for

draft evasion.

Different Results .

Seeger, a Catholic by birth

who expressed his "religious

faith in a purely ethical creed,"

and Jakobson, who admitted ad-

herence to a philosophical rather

than a theological view of God,

won reversals of their convic-

tions in the U.S. Court of Ap-

peals for the Second Circuit.

Judge Irving R. Kaufman of that

court wrote in his opinion that

Congress "has transgressed the

limits imposed by the Constitu-

tion" in enacting Section 6(j) of

the Selective Service Act. Peter's

conviction, however, which was

based on views similar to Jakob-

son's, was affirmed by the U:S.

Court of Appeals for the Ninth

Circuit. The ACLU asks the Su-

preme Court to uphold the Seeg-

er and Jakobson decisions and to

reverse Peter's conviction.

The ACLU brief leaves un-

challenged the constitutionality

of "confining" exemption of

conscientious objectors to `"re-

ligious grounds,' but questions

the government's right to define

the kind of religious beliefs

which qualify.

Establishment Clause

' Section 6(j), it contends, vio-

lates the no-establishment of re-

ligion clause of the First Amend-

ment. Citing the Supreme Court's

interpretation of the clause-

that neither a state nor the fed-

eral government "can pass laws

which aid one religion, aid all

religions, or prefer one religion

to another'-it argues that Sec-

tion 6 (j) "aids religion in gen-

eral as against non-believers, but

more particularly it aids religion

based upon a belief in a Supreme

Being as against other religions

having different beliefs."

Free Exercise Clause

Section 6(j), the ACLU argues

further, violates the free exercise

of religion clause of the First

Amendment, for by excluding

non-believers in a Supreme Be-

ing from conscientious objector

status, it penalizes them. The

brief refers to the long series of

Supreme Court decisions which

have condemned imposition by

the government of any "burden

upon the free exercise of re-

Heion: . . .

Individual Conscience

"Religious beliefs have always

been a matter of individual

conscience. Government cannot

test their validity," the brief says

in conclusion. "It is for these

reasons that Section 6(j) must

fall. Its Supreme Being test is

in effect an Establishment by

Congress of a monotheistic re-

ligion. Moreover, its limitation

only to those who meet the Su-

preme Being test is a burden on

the free exercise of those who

believe in non-theistie and poly-

theistic religions."

The brief was prepared by Al-

fred Lawrence Toombs, ACLU

cooperating attorney, and Mel-

vin L. Wulf, ACLU legal direc-

tor.

The petition of Socialist Party leader Bogden Denitch for

naturalization as a U.S. citizen was denied recently in

Federal District Court, but not for the reasons furnished by

the Immigration and Naturalization Service. Federal Judge

Stanley A. Weigel ruled that Denitch has failed to establish

that he was a person of good

moral character during the pe-

riod required by law because

Denitch had falsely represented

himself to be a citizen of the

United States in written applica-

tions for employment. The

Judge's opinion stated: "False-

hoods of this kind are not con-

sistent with good moral charac-

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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 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 Indeed, false represen-

tations of citizenship in employ-

ment applications have been

held to constitute a punishable

offense under a False Persona-

tion statute, 18 U.S.C. 911, which

provides that `whoever falsely

and willfully represents himself

to be a citizen of the United

States' shall be fined, imprisoned

or both. I do not conclude that

petitioner's misrepresentations as

to citizenship were made with

criminal intent, but I do hold

that they were properly evalu-

ated by the Examiner as evidence

against good moral character."

"Without Prejudice"

Judge Weigel stated that De-

nitch's application was denied

without prejudice to his filing a

new application in December,

1965, which would be three years

from the date Denitch last mis-

represented his citizenship status

in employment applications. The

decision went on to say: "Peti-

tioner's appearance, attitude and

testimony before the court in the

hearing of this matter indicated

his potential for good and useful

`citizenship: He appeared to rec-

ognize that his misrepresenta-

tions as to citizenship were not

consonant; with good moral char-

acter." The testimony of Denitch

and his character witnesses

showed that in the particular un-

jon to which Denitch belonged it

was standard practice for aliens

to state that they were U. S. citi-

zens in employment applications.

This was for two reasons: First,

Conscientious

Objector Case

The ACLU of Northern Cali-

fornia will represent Paul El-

dredge Smith in his claim to be

a conscientious objector to mili-

tary service. Smith's claim has

been denied by his local draft

board and his case is now on ap-

peal before the State Appeals

Board. The Department of Jus-

tice will hold a hearing into

Smith's claim in January in or-

der to make a recommendation

to the State Board.

Supreme Being

Smith's claim to conscientious

objector status was denied by his

local board because he declined

to state whether he believed in

a Supreme Being. Instead Smith

said that the Government was

not entitled to inquire into his

religious beliefs. Nor was the

Government entitled to discrimi-

nate on the basis of whether or

not he believed in a Supreme

Being. He did state: "A man

_ must be responsible for his ac-

tions. Orders from authority may

make moral choice difficult, but

duties more important than

obedience to his state require

that the individual not abdicate

responsibility. Killing is not

made right by legal and social ap-

proval. Any social system that

compels a person to support a

war, and possibly kill or be killed

for purposes that he may not be-

lieve in, I cannot by reason of

my religious principles cooper-

ate with." :

because the union felt that non-

citizens were discriminated

against by employers (Denitch

is a tool and die maker) and sec-

ond, because the union did not

recognize the right of the em-

ployer to ask questions concern-

ing citizenship but felt this was

a violation of the collective bar-

gaining agreement. Judge Wei-

gel held that because the union

approved of such practice did not

make it consistent with good

moral character.

Conformity Issue

Denitch was represented at the

hearing before Judge Weigel by

ACLU counsel, Marshall W.

Krause. From the civil liberties

point of view, the decision was a

victory because it rejected the

Service's political and religious

objections to Denitch. Judge

Weigel stated: "Conformity in

religious or philosophical belief,

political viewpoint and economic

theory, is not a prerequisite to

citizenship. It is well that this is

so. Otherwise our society would

lose the vitality stemming from

free expression of diverse views

and from non-violent advocacy."

Examiner's Political Bias

The naturalization Examiner,

in a truly memorable exhibition

of political bias and naivete, had

the following things to say

against Mr. Denitch: First, with

regard to socialism: (Sic) "The

- petitioner, however, is not:an or-

dinary socialist or an ordinary

Socialist Party member. He is ex-

traordinary. He is a Marxist so-

cialist, as compared by him, to

a pacifistic, Christian, or Utopian

socialist. His Marxism differs

from that of the Communist

Party, mostly, it would appear,

in that he rejects the Party and

its totalitarian aspect. The Marx-

ist socialism he advocates is ap-

parently divergent with the

Marxist socialism of the Com-

munist Party only in the means

employed to promulgate Marx's

socialism, viz, totalitarian. vs.

democratic principles, The eco-

nomic society he proposes is ra-

dical. He espouses a doctrine

which would effectively elimin-

ate free enterprise capitalism

and destroy private initiative, ex-

tending, in the latter instance,

to the grave, by doing away with

inheritance. This is hardly con-

sonent with the basic principle,

enunciated in the Declaration of

Independence: The `pursuit of

happiness,' which principle im-

ports that a man should be able

to` choose his lifetime endeavor

and pursue it, unhampered, ex-

cept within the confines of the |

law, to a prosperous end." (Em-

phasis added.)

Only Capitalists Wanted

The Examiner followed this

extraordinary paragraph with

the statement: "It has been re-

cently stated that our country is

directed toward a society in

which the `meaning of a man's

life should match the marvels of

man's labor.' This precept is in-

harmonious with the present in-

troduction in our society of a sys-

tem under which there is an `ab-

sence of social and economic

privileges'." It was the Exam-

iner's view of the law that we

should "admit as citizens only

those who are in general accord

with basic principles of the com-

munity."

Agnostic

Not only was Denitch's Marx-

ism held against him, but the

fact that he is an agnostic would -

-Continued on Page 4 -

Texts of Resolutions

Adopted By U.C.Regenis

Following are the texts of the resolutions adopted by the

Regents of the University of California on December 18 with

respect to the free speech issue on the Berkeley campus:

Resolution No. 7

1. The regents direct the administration to preserve law

and order on the campuses of the University of California

and to take the necessary steps to insure orderly pursuit of

its educational functions.

2. The regents reconfirm that the ultimate authority for

student discipline within the university is constitutionally

vested in the regents and is a matter not subject to negotia-

tion.

Implementation of disciplinary policies will continue to

be delegated, as provided in the bylaws and standing orders

of the regents, to the president and chancellors, who will

seek advice of the appropriate faculty committees and indi-

vidual cases. ;

3. The regents will undertake a comprehensive review of

university policies with the intent of providing maximum

freedom on campus consistent with individual and group re-

sponsibility.

A committee of regents will be appointed to consult with

students, faculty and other interested persons and to make

recommendations to the board.

4. Pending results of this study, existing rules will be en-

forced. The policies of the regents do not contemplate that

advocacy.or content of speech shall be restricted beyond the

purview of the First and Fourteenth Amendments.

Resolution No. 2

1. The regents express appreciation to the Academic

Council of the university-wide Senate for its constructive pro-

posal and analysis of recent developments, and welcome the

continuing discussion taking place in the divisions of the

Academic Senate on the several campuses.

2. The regents reaffirm faith in the faculty and student

body of the university and express the conviction that this

great academic community is in the process of finding the

means to combine freedcm with responsibility under today's

new circumstances.

3. The regents respect the convictions held by a large

number of students concerning civil rights and individual

liberties.

4. The regents reaffirm devotion to the First and. Four-

teenth Amendments of the Constitution and note that uni-

versity policies introduced in recent years have liberalized

the rules governing expression of opinion. The support of all

the university community is essential to provide maximum

individual freedom under the law consistent with the educa-

tional purposes of the university.

New Pamphlet: A Tribute to

"The Case

Against HUAC0x2122

The ACLUNC office will have

available soon after the first of

the year a new pamphlet en-

titled: "The Case Against

HUAC," published by the AC-

LU's national office. The price of

the pamphlet is 35c.

The pamphlet discusses in de-

tail (1) the constitutionality of

the mandate, (2) the harm done

to people exposed or mentioned,

(3) the dangerous use made of

the Committee's files and "cita-

tions,' and (4) its impact on

education, civil rights, peace ac-

tivities and religion.

Following is an excerpt from

the pamphlet concerning the

Committee's recent renewed in-

vestigation of two leaders of the

Women's Strike for Peace, Dag-

mar Wilson and Donna Allen,

who were represented by the

ACLU's Lawrence Speiser:

"This time they were interro-

gated about a 1963 speaking tour

by Professor Kaori Yasui, Chair-

man of the Japan Council

Against A and H Bombs, and

Dean of the Law Faculty at

Tokyo's Hosai University. The

women had visited the State De-

partment when that agency had

at first refused to grant Profes-

sor Yasui a visa. The Department

subsequently changed its mind

and Professor Yasui spoke in 10

American cities to both peace

and academic groups. Mrs. Wil-

son and Mrs. Allen challenged

the secrecy of the HUAC execu-

tive session, asserting that what

they did in exercising the First

Amendment right of free speech

Dr. Alexander

Meiklejohn

Continued from Page 1-

profoundly humane. He was not

merely the detached philosopher

or the disengaged intellectual.

His quest for knowledge and

truth, his crusade in education,

his devotion to freedom were

born not only of well-reasoned

principle. They were deeply

-rooted in his love for humanity.

His greatness sprang from the

quality of heart as well as the

quality of mind. So, it was nat-

ural that our respect for him

should turn to reverence, and

reverence lead to love.

Last month, Alec died. We

feel inside a deep sadness. But

the lights he kindled in us will

never go out. We shall carry on

the work, and Alec's memory

will be there to help point the

way-and to prod us when we

need it. We shall remember that

he was a giant among us; and'

remembering him we shall al-

ways recall the benediction:

"Praised be the Lord who has

given a portion of divine wisdom

to morta] man."

in complaining to the State De-

partment, in no way involved

national security or derogated

any individual. They refused to

answer the HUAC's questions

and were cited for contempt of

Congress."

Orders for the pamphlet should

be sent to the ACLUNC office,

503 Market St., San Francisco,

Calif. 94105 accompanied by pay-

ment.

`ACLU NEWS

JANUARY, 1965

Key Case On

Right Of

Confrontation

ACLU Staff Counsel Marshall

Krause is serving as the attorney

for a prisoner at San Quentin,

Frederick Gray, whose case is

now before the Court of Appeals

fer the Ninth Circuit. Gray filed

a Writ of Habeas Corpus on his

own in the Federal District Court

and was granted a hearing on his

allegation that he was denied the

right to confront the witnesses

against him at his State court

trial where he was convicted of

assault with a deadly weapon.

Decision by Zirpoli `

Federal District Judge Alfonso

J. Zirpoli heard the case and de-

cided that the standard pro-

cedure used in many California

courts for felony cases, whereby

a case is submitted to a judge for

decision (after personal waiver

of the right to jury trial by the

- defendant) on the transcript of

the evidence taken at the pre-

liminary hearing, is invalid. The

preliminary hearing is the pro-

ceeding whereby a Municipal

Court judge decides whether

there is sufficient evidence to

hold a man for trial on a felony

charge. It is rare that there is

effective cross-examination at

this preliminary examination or

that any defense is put on on be-

half of the defendant. Judge Zir-

poli held in the Gray case that

this procedure is really a "slow

plea of guilty" and that it cannot

be done without personal consent

of the defendant. In the Gray

case the public defender had

consented to the procedure of

submitting the case on the tran-

script of the preliminary hear-

ing, but Gray had not consented

and in fact alleges that he did

not agree to this procedure and

did not understand it nor was it

explained to him by his attorney.

State Appeals

The State of California has ap-

pealed Judge Zirpoli's decision

and it will be now defended by

the ACLU on the basis that with-

out a personal waiver of the

right to cross-examine a defend-

ant is deprived of his right to

due process of law under the

Fourteenth Amendment of the

United States Constitution. The

Attorney General of California

claims that this right can be

waived by the defendant's coun-

sel, and also states that if Judge

Zirpoli's decision stands it will

invalidate the sentence of many

prisoners now in State prisons.

It is expected that the case will

be argued sometime in January.

Patrick Murphy

Malin Dies at 61

Patrick Murphy Malin, who

succeeded Roger N. Baldwin as

national executive director of the

ACLU and served for 12 years,

from January 1950 to February

1962, died of cancer in New York

City on December 13. He was 61

years old.

At the time of his death, Mr.

Malin was president of the Amer-

ican-operated Robert Colleges in

Istanbul, Turkey. From 1924 to

1929 he was private secretary to

Sherwood Eddy of the Interna-

tional Young Men's Christian As-

sociation. For 20 years, until he

took his post with the ACLU in

1950, Mr. Malin was a member

of the department of economics

at Swarthmore College. He took

time out from his teaching career

te become senior American mem-

ber of the secretariat of the Inter-

governmental Committee on Ref-

ugees in 1940. -

Mr. Malin was an. effective

speaker and travelled widely in

behalf of the ACLU. He made

appearances on the Pacific Coast,

including an appearance at the

Marin Chapter's pot-luck supper.

Besides his widow, Caroline

Biddle Malin, Mr. Malin is sur-

vived by three sons.

Page 3

PROF. JOHN HENRY MERRYMAN

HO RD H. JEWEL

Merryman and Jewel

Elected To ACLU Board

Former ACLU branch chairman John Henry Merryman,

Prefessor of Law at Stanford University, and attorney

Howard H. Jewel of Oakland were elected last month to fill

vacancies on the ACLU's board of directors.

Prof. Merryman previously served on the board from

November 1955 to February 1960,

and was its chairman for almost

three years. He resigned from

the board because of the pres-

sure of professional duties. The

unexpired term to which he was

just elected ends in October

1966.

: At Stanford Since 1953

Prof. Merryman has been as-

sociated with Stanford Law

School since 1953. Prior to that,

he taught at the University of

Santa Clara College of Law and

New York University. He holds a

JSD degree from New York

University.

Prof. Merryman recently spent

two years in Italy studying the

Italian legal system and prepar-

ing teaching materials for use

at Stanford in its comparative

law curriculum. He teaches Com-

parative Law and Land Use Con-

trols.

Prof. Merryman was at one

time a member of the Citizens

Advisory Committee to the Civil

Rights Division of the State At-

torney General's office.

Prof. Merryman is married and

has three stepsons. One boy is

enrolled in the Peace Corps, a

second has been spending time

in civil rights work in Mississippi

ford.

Howard H. Jewel graduated

from the University of Califor-

nia Law School in 1950. He

served as Assistant Public De-

fender in Alameda county from

1950 to 1954, and was engaged

in the private practice of law in

Oakland and San Francisco from

1954 to 1858.

In 1958 Mr. Jewel was Demo-

cratic candidate for Congress in (c)

Solano and Contra Costa coun-

ties, after which he was appoint-

ed an Assistant California At-

torney General and Chief of the

Constitutional Rights Section.

Upon resigning from that posi-

tion last October he again en-

tered the private practice of law

in Oakland, this time with the

firm of Neyhart and Grodin.

Articles

Mr. Jewel has written articles

for the New York Times Maga-

zine, Liberal Democrat and the

California State Bar Journal.

Mr. Jewel is married to the

former Nancy Meyer Straw-

bridge, administrative assistant

to Attorney General Thomas C.

Lynch, They reside in Oakland.

The unexpired term to which

Mr, Jewel was elected ends next

October 31.

Proposals Of Berkeley

Division of Academic Senate

The following propositions were introduced by the Com-

mittee on Academic Freedom at the December 8th meeting

of the Berkeley Division of the Academic Senate and passed

by a vote of 824 to 115.

In order to end the present crisis, to establish the con-

fidence and trust essential to the restoration of normal Uni-

versity life, and to create a campus environment that en-

courages students to exercise free and responsible citizen-

ship in the University and in the community at large, the

Committee on Academic Freedom of the Berkeley Division

of the Academic Senate moves the following propositions:

1. That there shall be no University disciplinary meas-

ures against members or organizations of the university com-

munity for activities prior to December 8 connected with the

current controversy over political speech and activity.

2. That the time, place, and manner of conducting polit-

ical activity on the campus shall be subject to reasonable

regulation to prevent interference with the normal functions

of the University; that the regulations now in effect for this

purpose shall remain in effect provisionally pending a future

report of the Committee on Academic Freedom concerning

the minimal regulations necessary.

while the third is attending Stan-

3. That the content of speech or advocacy should not_

be restricted by the University. Off-campus student political

activities shall not be subject to University regulations. On-

campus advocacy or organization of such activities shall be

subject only to such limitations as may be imposed under

section 2

4. That future disciplinary measures in the area of polit-

ical activity shall be determined by a committee appointed

by and responsible fo the Berkeley Divisien of the Academic

Senate.

5. That the Division urge the adoption of the foregoing

policies and call on all members of the University communil-

ty to join with the faculty in its efforts to restore the Uni- .

versity to its normal functions.

om

ae

University of California

In a series of five resolutions introduced by Prof. How-

ard K. Schachman of the Department of Molecular Biology.

_ the Berkeley Division of the Academic Senate roundly con-

_demned both the "local and statewide Administration of the

now teaching at Western Reserve

University in Cleveland, Ohio,

was dismissed as an Acting As-

sistant Professor of German

after refusing to answer ques-

tions of Chancellor Edward

Strong concerning his past politi-

cal associations.

Condemnation Voted

By a vote of 267 to 79, the

Academic Senate declared as fol-

lows: "The Berkeley Division of

the Academic Senate hereby con-

demns the local and statewide

Administration of the University

for its disregard of and contempt

for the Academic Senate and its

duly constituted Committee sys-

tem in the handling of the Katz

case."

Professor Parkinson, in the

course of the debate on the reso-

lution, is quoted as saying, "This

ease is the most disgraceful

breach of academic privilege I've

seen in my 16 years. ... It is be-

neath contempt."

Privileges Violated

The Committee on Privilege and

Tenure of the Academic Senate

last May 19 decided that Katz'

privileges had been violated by

the Administration and request-

ed "that the recommendation of

the Department of German that

Eli Katz be appointed Assistant

Professor be processed promptly

in accordance with regular pro-

cedures." Instead, the Adminis-

tration has dragged its heels and

sought unsuccessfully to have

the decision reviewed by state-

wide U.C. faculty groups which

have no jurisdiction in`the mat-

ter. More recently, Chancellor

Strong referred the appointment

to the Budget Committee, but

said he would not have them act

on the matter until the Commit-

tee on Academic Freedom an-

swers five questions now pend- .

ing before it. These questions

relate to political inquiries by

the Administration.

Four Other Resolutions

Before adopting the foregoing

resolution, the Academic Senate

adopted four other resolutions by

Prof. Schachman concerning the

Katz case. They are as follows:

"1. The Berkeley Division of.

the Academic Senate requests

once more prompt implementa-

tion by the Administration of the

decision and recommendation of

our Committee on Privilege and

Tenure in the Katz case.

"2. The Berkeley Division of

the Academic Senate commends

its Committee on Academic Free-

dom for refusing to act as an ap-

pellate body in a matter which

had been adjudicated previously

by the proper Committee of the

Academic Senate,

"3. The Berkeley Division of

_ the Academic Senate commends

the Committee on Academic

Freedom for protesting. the use

of new procedures and new con-

cepts in a retroactive fashion for

a case that had been thoroughly

considered by the proper body

at an earlier time.

"4. The Berkeley Division of

the Academic Senate directs its

Committee on Academie Free-

dom to retain an active watch-

dog function on this matter and

to continue to report to the Di-

vision until the status of the

Katz Case is resolved satisfac-

torily."

The Committee on Academic

Freedom has been waiting for a

ACLU NEWS

JANUARY, 1965

Page 4

University" for its handling of the case of Eli Katz. Katz,

response from Chancellor Strong

about its objections to his proce-

dure in holding up action on the

Katz matter before the Budget

Committee. There will be further

developments at the January

meeting of the Berkeley Division

of the Academic Senate.

Denunciation By AAUP

The foregoing resolutions were

adopted by the Academic Senate -

on November 24. Before that the

Berkeley Chapter of the Ameri-

can Association of University

Professors adopted a resolution

which said the group "deplores

the action of the Administration"

in its handling of the Eli Katz

Case. The chapter directed its

officers to send the case for in-

vestigation and possible action

to the national office of the

AAUP. About a year ago, the

university received a commenda-

tion by the AAUP of the Re-

gents and President Clark Kerr

for their stand on free speech

on university campuses.

Flagrant Violation

The Katz Case is the most

flagrant violation of academic

freedom since the oath fight at

the University of California. The

Administration's mishandling of

the Katz case goes hand in hand

with its denial of free speech to

students. Academic freedom is

essential for both Faculty and

students. |

The Board of Directors of the

ACLU of ;Northern California

has authorized legal action in

Katz' behalf. Such action will be

taken as soon as it becomes clear

that the Academic Senate has

reached the end of the line in its

handling of the case.

Student Essay

Contest In

Sacramento Area

The Sacramento Valley Chap-

ter of ACLUNC has announced

its 1965 essay contest for stu-

dents in the junior and senior

high schools in the metropolitan

area of Sacramento. $50 U. S.

bonds will be given to the win-

ners of the two divisions,

Topic

The topic for the contest is:

"In what ways do the ideas and

methods of operation of extrem-

ist organizations, on the right or

left, strengthen or weaken civil

liberties in the United States?"

The judges for the contest are

Justice Leonard M. Friedman,

Third District Court of. Appeal;

Senator Albert S. Rodda, 19th

Senatorial District; and Dr. Ian

P. McGreal, Chairman, Depart-

ment of Philosophy, Sacramento

State College.

Deadline

Essays must be mailed on or

before March 1, 1965 to Pamela

C. Thompson, Chairman of the

ACLU Essay Contest Committee,

5209 Marione Drive, Carmichael.

Each essay must be typed in

double space, with no name or

other identification on the man-

uscript. It must be accompanied

by a letter from a teacher or

school official naming the en-

trant and certifying him to be a

student in good standing. Judges

will give primary weight to

thoughtfulness, originality, pre-

cision and clarity.

The awards will be made at

the Sacramento Chapter's An-

nual Breakfast next spring.

Foench Film

Suit Stalled

The American Civil Liberties

Union's attempt to enjoin the

Berkeley Police Department from

arresting or threatening to arrest

any person who shows the Genet

film "Un Chant d'Amour" ran

into a snag before Oakland Su-

perior Court Judge Donald

Quayle who held last month that

he was prevented by statute from

issuing an injunction against the

enforcement of the City Ordi-

nance. Volunteer attorney Neil

F. Horton felt that Judge Quayle

did have the power to decide the

injunction action and brought a

Writ of Mandate in the District

Court of Appeal to force him to

act. However, the District Court

of Appeal denied the Writ of

Mandate without an opinion and

a decision will be made shortly

as to whether to ask the Supreme

Court of California to act in the

case.

Declaratory Relief

If no injunction request can be

heard, then the action will have

`to go to trial as an action for

declaratory relief. Because of the

crowded condition of the courts

- this will probably mean that

there will be no decision on

whether the film can be shown

without an arrest until March or

April of 1965. Mr. Horton is

hopeful that some means can be

found to shorten the time to get

a decision on the case without ac-

tually having to risk an arrest

of persons showing the film,

Many Supporting Affidavits

Meanwhile a strong case has

been built to show that the film

is not obscene. Affidavits in

praise of the film and its pro-

ducer-director, Jean Genet, have

been obtained from British Di-

rector Tony Richardson, Film

Critic Pauline Kael, Director

Juris Svendsen, Professor of Eng-

lish Mark Linenthal, Film Critic

James Kerans, Director and Pro-

fessor Herbert Blau, Film-maker

Irving Saraf and the Distributor

of the film, Saul Landau.

Richardson Affidavit

Of the many excellent affi-

davits we have space enough to

print only that of Tony Richard-

son:

"T have directed `Look Back in

Anger', `The Entertainer', `Sanct-

uary', `Taste of Honey',`The Lone-

liness of the Long Distance Run-

ner' and `Tom Jones'. I have pro-

duced `Saturday Night, Sunday

Morning', and `The Girl with

Green Eyes'. I am, and have

been the artistic director of the

English Stage Company at the

Royal Court Theater in London

for the past eight years. I am

also Managing Director of Wood-

fall Films. `Un Chant d@'Amour' is

unquestionably a work of art.

Its subject is a claustrophobic

relationship produced inside a

men's prison and the fantasies

aroused by such confinement.

These are handled with the great-

est tact and poetry and never ex-

ploited in any way that could

possibly be construed as porno-

graphic or distasteful-except, of

course, that there are many

people who will label any work

of art they don't completely

comprehend with sordid and dis-

missive epithets. But the morbid-

ity and dirt, the abnormality, can

only be in the minds of such

viewers, not the film itself. Jean

Genet is after all recognized

throughout the world as one of

the most original and important

writers now creating, and `Un

Chant d'Amour' certainly con-

tains nothing which goes beyond

his other work which is freely

published both in Europe and

the United States. Certainly he is

an innovator; certainly he ex-

plores areas that have not been

approached elsewhere, but his

greatness is in the candor and

truth with which he presents

them. The world would be a

much poorer place if we were

not exposed to him. All art--

which I firmly believe `Un Chant

ad Amour' to be-has social im-

"ACLU

U.C. Regents Adopt

Ambiguous Proposals

Continued from Page 1-

fer to the civil rights movement

which has relied heavily on non-

violent demonstrations challeng-

ing segregation and_ seeking

equality of treatment for Ne-

groes. On the one hand, the Fac-

ulty is implying that students

should be subjected only to the

Law of the Land, while on the

other hand, the Regents and Ad-

ministration say that, in addition,

there should be regulations dis-

couraging illegal off-campus ac-

tion. How this can be accom-

plished without trenching on con-

stitutional rights of political

freedom is obscure. It involves

difficult judgments for trained

legal minds that should not be

assumed by a university admin-

istration. In any case, the net

effect would be to inhibit politi-

cal freedom of students, Inci-

dentally, if the Regents may

regulate the off-campus political

activities of students they may

also regulate the off-campus po-

litical activities of the Faculty.

ACLUNC Statement

The Board of Directors of the

of Northern California

strongly urged the Board of Re-

gents to adopt the proposals of

the Berkeley Division of the

Academic Senate,

"Our particular concern," said

the statement, "is with the issue

of political freedom which lies at

the heart of the controversy but

which `has sometimes been ig-

nored, obscured or overlooked in

the heat of conflict,

"In our judgment, the stu-

dents at the University of Cali-

fornia are entitled to no less,

and, of course, no more, free-

dom of speech and association

than anyone else. And, they may

advocate their ideas on campus,

no matter how hateful and un-

popular, to the same extent as -

they may off campus,

Political Freedom Violated

"The: University has previous-

ly violated these fundamental

rights of students by allowing

distribution of only `informa-

tional' literature, prohibiting

them from asking others to asso-

ciate themselves with their

groups and causes and from rais-

ing funds to finance their oper-

ation. Recently, the Regents set

aside these restrictions but in so

doing placed new restrictions on

advocacy over and beyond those

applicable by law to other citi-

zens. We regard these restric-

tions as impractical and uncon-

stitutional, We agree with the

Academic Senate that they

portance because it changes

people in some way. But beyond

this `Un Chant d'Amour' raises

questions about the viability of

prison life in itself and the re-

sults it has on people that are

vitally important. It is a most

profound and disquieting experi-

ence. I declare under penalty of

perjury that the foregoing is true

and correct."

The first right of a citizen

Is the right

To be responsible

-tors. The Examiner said:

should be withdrawn and the stu-

dents placed on a par with other

citizens.

Limits of Regulations

"This does not mean, of course,

that some regulations may . not

be adopted to protect university

property, to regulate traffic, to

prevent conflicts in the schedul-

ing of public meetings and gen-

erally to prevent interference

with the educational mission of

the University. It does mean that

the First and Fourteenth Amend-

ments to the Federal Constitu-

tion, as interpreted by our

courts, do apply to the Univer-

sity community as they do to

any other community. In this

way the rule of law will be vin-

dicated."

National Office Views

The national office of the

ACLU viewed the controversy as

"a major challenge to academic

freedom. The right of students

freely to express their political

opinions in the same manner as

other citizens is an integral part

of academic freedom,' its state-

ment declared. "The spirit of

free inquiry, the core of an edu-

cational institution's functions,"

the statement went on to say,

"cannot prevail if students' po-

litical activity is hobbled. To pre-

serve and advance intellectual

freedom, we urge. that you and

other Regents of the University

adopt without modification the

five-point plan adopted by. the

University Academic Senate

(Berkeley)."

Deny Citizenship

To Socialist

Bogden Denitch

Continued from Page 2-

make it difficult, according to

the Examiner, to comply with

that part of the oath of citizen-

ship which ends with "So help

me God." (Of course, the estab-

lishment of religion clause of the

First Amendment would allow

any person applying for citizen-

ship to affirm instead of swear.)

Civil Rights Demonstration

Perhaps the low point of the

Examiner's recommendations

were reached with the statement

that Denitch could not support:

and defend the laws of the

United States because he ex-

pressed sympathy and agree-

ment with the actions of the San

Francisco civil rights demonstra-

"Per-

sons engaged in asserting civil.

rights should not enjoy any

special privilege or exemption

from obedience to the laws, and

the petitioner's approval of the

conduct of his colleagues in this

`planned disobedience' places

him in a class no different from

them."

No appeal is planned from

Judge Weigel's - decision, and

Denitch will again apply for.

naturalization in December, 1965.

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