vol. 31, no. 10

American

Civil Liberties -

Union

Volume XXXI

SAN FRANCISCO, OCTOBER, 1966

Number 10

PROF, ROBERT M. O'NEIL

Six Directors Re-Elected

HOWARD A, FRIEDMAN

Branch

Ke

ee

Boara

Six vacancies on the Branch Board of Directors were filled

last month and six directors

whose terms were expiring

were re-elected. The six new directors are Mrs. Judith Bal-

derston of Berkeley, Howard A. Friedman of Hillsborough,

Dean Robert A. Keller of Stanford, Dr. Robert L. Nolan of

Oakland, Prof. Robert M. O'Neil

of Berkeley and Cecil Thomas of

Albany. Prof. Van D. Kennedy,

chairman of the board, and Prof.

John Henry Merryman, former

chairman, who had both been

filling unexpired terms, were

both elected to three-year terms.

Ralph Atkinson, Leo Borregard,

John Rutherford and Stephen

Thiermann were all re-elected to

three-year terms. Under the By-

Laws, directors may serve two

successive three-year terms after

which they become ineligible for

re-election for one year.

Many Board Changes

Last year, seven directors were

elected who had not seen pre-

vious service. This year, five of

the new directors have not seen

previous service. The present

board has thirty members but

under a so-called "interim plan,"

eight new directors will be

seated from nine chapter areas

after elections which are now

being held. -

The vacancies that were filled

were created by the resignations

of The Rev. Richard Byfield, (c)

Prof. Robert Cole, Richard De-

Lancie, Albert Haas, Jr., and

Prof. Charles Muscatine. The

final vacancy was. created

through the ineligibility for re-

election of attorney Gregory

Stout, who has served two suc-

cessive three-year terms on the

board.

Howard A. Friedman

For two short terms expiring

October 31, 1967, the board elect-

ed Howard A. Friedman and

Prof. Robert M. O'Neil. Mr.

Friedman is former chairman of

the board of directors who was

ineligible for re-election last

year. He is a member of the

firm of Schubart and Friedman,

san Francisco architects,

Prof. Robert M. O'Neil

-Robert M. O'Neil is Professor

of Law at the School of Law at

the University of California,

Berkeley, where he has been lo-

cated for the past three years.

He holds A.B. M.A, and LL.B.

degrees from Harvard. He is a

member of the Massachusetts

Bar and the Americaiu Bar Asso-

ciation. He has previously taught

at San Francisco State (Freedom

of Speech), Tufts (general

speech), and Harvard (American

History). He clerked for Mr. Jus-

tice Brennan during the 1962

term of the U.S. Supreme Court.

His writing has been in the field

of general law and the Bill of

Rights for students and adminis-

trative law for law journals. He

is chairman of the Association

of American Law Schools Com-

mittee on Teaching Law Outside

the Law Schools and has organ-

ized several workshops for teach-

ers on teaching about the Bill of

Rights. :

Biographical information on

-Continued on Page 3

Membership

Dues Increased

By ACLUNC

The board of directors of the

ACLUNC has authorized an in-

crease in the minimum dues.

Three categories are affected.

The basic or "Annual" dues has

been raised to $8 from $7; the

"Student" membership has been

raised to $3 from $2: while the

"Family" membership has been

raised to $15 from $14, Also, an

"Organization" membership cate-

gory has been authorized at $25

dues.

The increase in dues results

from the growing financial needs

of the branch. The current fiscal

year has been saved from a defi-

cit only because of a substantial

bequest. During the coming fis-

cal year, in response to the ure-

ing of the chapters, the branch

is embarking. on a legislative

program. This program will add

$16,000 to the budget. When the

membership. receives the annual

budget appeal at the end of this

month it will be asked to in-

crease its giving in order to

meet not only the inflated cost

of doing business but to finance

this added program of the ACLU.

ROBERT L. NOLAN, M.D.

Forsiner -

seard Case

Concluded

Contrary to expectations, the:

City and County of San Francisco

has not sought any further re-

view from the decision of Justice

Devine for the State District.

Court of Appeal that the City was -

wrong in dismissing James Forst-

ner from his job as a probation

officer at the Youth Guidance

Center because he refused to

shave his beard. This means that

the decision of the District Court

of Appeal (reported in the Sep-

tember ACLU News) is final and

that Forstner will recover slight-

ly over $5,000 in back salary plus

interest on this amount at 7%.

Forstner was kept from his

job nearly nine months until Su-

perior Court Judge Joseph Kar-

esh ordered him back on the job

pending the City's appeal from

Judge Karesh's decision that

there .was no basis for firing

Forstner. In the more than two

years that Forstner has been

working as a probation officer

with his beard there has been no

complaint concerning his work

and he has received special com-

mendation for certain aspects of

his work at the Juvenile Hall.

4 | oo

Biack Panther

Button Banned

In Fremont H.S.

A recurring problem at the

public school level is a prohibi-

tion against the wearing of lapel

buttons, especially peace buttons.

Core buttons have also been in

disfavor with school administra-

tors, and now the Black Panther

party button worn by a 16-year-

old boy at Washington High:

School in Fremont has been dis-

approved. Indeed, Dr. Callahan,

the principal, required the boy

to remove the button or face sus-

pension. His position seems to be

that while there is no regulation

covering the matter, since the

wearing of the button might

lead to a conflict among the stu-

dents it may be banned. In other

words, the administrator is play-

ing it safe.

lf the wearing of lapel buttons

interferes with the educational

process, such as an obtrusive,

platter-sized button, it should, of

course, be banned. But identify-

ing oneself with ideas and causes

by means of buttons (especially

at election time) is a traditional

way of exercising First Amend-

ment freedoms. Such action dis-

turbs no one's peace any more

than. the communication of con-

troversial ideas by other means.

Leo Richard Christensen Case

A petition for a writ of habeas corpus was filed in Fed-

eral District

Court last~ month

by ACLU staff counsel

Marshall W. Krause on behalf of Leo Richard Christensen

who is an enlisted man in the Navy stationed at Treasure

Island. After reading the petition and memorandum of

authorities Federal District Judge

Stanley Weigel issued an order to

show cause setting the matter for

a hearing in his courtroom on

October 5 at 2:30 p.m.

Administrative Discharge Denied

The petition reveals that Chris-

tensen became a member of the

Society of Friends after he haa

enlisted in the Navy and was

thus precluded by his religious

principles from participating in

the armed forces. He applied for

an administrative discharge as

permitted by Navy regulations

because of his conscientious ob-

jections, but the Director of

Naval personnel informed him

that his request was submitted

" a] q

Halvonik Named

(R) :

Legis. Rep. and

q e q p

Legal Assistant

Paul N. Halvonik of Berkeley

has been selected as the

ACLUNC's new Asst. Staff Coun-

sel and Legislative Representa-

tive. His appointment becomes

effective on November 1.

Halvonik, 27, was born in Los

Angeles and received both his

A.B. and LL.B. degrees from

the University of California in

Berkeley. From 1961-1963 he was

a reader in the Department of

Speech at U.C, for Albert Ben-

dich, Coleman Blease and Joel

Goldfarb. He was also a Research

Assistant at the Law School dur-

ing the same period, At the Law

School he was elected to the

Order of the Coif. He also held

the John Woodman Ayer Fellow-

ship, the Walter Dinkelspiel

Scholarship; and the American

Jurisprudence Award in Consti-

tutional Law. He is a member of

the California Bar.

Halvonik was Administrative

Assistant to State Senator Fred

S. Farr from 1963 to 1965. He as-

sisted Senator Farr in the dis-

charge of his legislative duties in

Sacramento during the 1964

budget session and in his dis-

trict. He managed Sen, Farr's

successful re-election campaign

of 1964.

Halvonik has served as a Dep-

uty Attorney General of the

State of California in the Attor-

ney General's San Francisco of-

fice since 1965. He has had ex-

tensive experience in handling

cases at the appellate level.

Halvonik is married and is

the father of a 64-year-old

daughter

PAUL N. HALVONIK

to the Director of Selective Serv-

ice, who stated that, had Chris-

tensen been a civilian, he would

not be eligible for conscientious

objector status. Therefore, the

Navy denied Christensen an ad-

ministrative discharge.

Special Court-Martial

When Christensen persisted in

holding to the view that his re-

ligious principles prevented him

from participating in the Navy, he

was given a special court-mar-

tial for disobedience to lawful

orders, After hearing all the

testimony, the court-martial pan-

el unanimously voted to sentence

Christensen to "no punishment'.

and to recommend to the Navy

that he be given an administra-

tive discharge because of the sin-

cerity of his conscientious objec-

tions.

Second Court-Martial

This recommendation of the

court-martial was refused and now

Christensen is again faced with a

court-martial for failure to obey

a second order. The petition al-

leges that the trial of tne threat-

ened court-martial would subject

the petitioner to severe punish-

ment and a possible bad conduct

discharge whereas he should have

been discharged as a conscien-

tidus objector and his application

for such a discharge was turned

down for arbitrary or no reasons

and solely to punish him for his

religious beliefs. :

Army Veteran

Christensen was born in Wash-

ington and has already served a

period of three years in the

United States Army and received

an honorable discharge for this

service, He enlisted in the Navy

at a time of great personal stress

and primarily as an attempt to

solve pressing problems with his

family. After his enlistment he

realized that he was in sympathy

with the principles of non-vio-

lence of the Society of Friends

and came to the decision that he

could no longer participate in

any branch of the armed forces,

(The Society of Friends is an

establisbed pacifist church and

takes the official position "that

war and Christianity are incom-

patible; and, therefore, as Chris-

tians they (Friends) cannot un-

der any circumstances, support

ov prepare for war.")

Arbitrary Action

The petition states that there

is no factual basis for the denial

of Christensen's claim to be a

conscientious objector and that

all the evidence indicates that he

is such an objector and would be

awarded such status if he were a

civilian. Also, the petition points

out that he had no opportunity

for hearing before a decision on

his administrative discharge and

no opportunity for review of this

decision or to see the reasons

for the decision.

No Precedent for Challenge

There is no precedent for chal-

- lenging refusal to accord to -a

member of the armed services

an administrative discharge in a

federal court action or in any

other forum. However, the ACLU

argues that since the Supreme

Court of the United States has

Said that the right to judicial

review will be implied for deci.

sions denying conscientious ob

-Continued on Page 4

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, California $4105, EXbrook 2-4692

Subscription Rates -- Two Dollars a Year

Twenty Cents Per Copy

po 151

On Oct

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Prof. Van D. Kennedy

VICE-CHAIRMEN: Rabbi Alvin |. Fine

Helen Salz

EXECUTIVE DIRECTOR: Ernest Besig

Ralph B. Atkinson, John R. May

Dr. Alfred Azevedo Prof. John Henry Merryman

Albert M. Bendich Rey. Rebert J. O'Brien

Leo Borregard Prof. Rebert M. O'Neal

Prof. Jchn Edwards Clarence E. Rust

Howard A. Friedman Jehn Brisbin Rutherford

Rey. Aron 0x00A7. Gilmartin bArs. Alec Skelnick

Evelio Grilic Gregory S. Stout

Mrs. Zora Cheever Gross Stephen Thiermann

Albert Haas, Jr. Richard E. Tuttle

Heward H. Jewel Donald Vial

Ephraim Margelin Richard J. Werthimer

GENERAL COUNSEL: Wayne M. Collins

STAFF COUNSEL: Marshall W. Krause

ADMINISTRATIVE ASSISTANT: Mrs. Pamela S. Ford

CHAPTER DIRECTOR: Mrs. Marcia D. Lang

Committee of Sponsors

Reger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Prof. Carlo Lastrucci

Norman Lezin

Rey. Robert W. Moon

Dr. Marvin J. Naman

Prof Hubert Phillips

Prof. Wilson Record

Dr. Norman Reider

Prof. Wallace Steqner

Mrs. Theedosia Stewart

Rt. Rey. Sumner Walters

Henorary Treasurer:

Joseph S$. Thompsen

Honerary Board Member:

Sara Bard Field

Mess. 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

"Clean' Still on the

November Ballot

A joint suit by the American Civil Liberties Union of

Northern and Southern California filed in the State Supreme

Court last month failed to keep the CLEAN initiative meas-

ure, now known as Proposition 16, off the Nevember ballot.

The measure would revise and expand the anti-obscenity

' Jaw in California and is believed

to be unconstitutional by many

lawyers including many not not-

ed for any bias against the valid-

ity of such legislation, such as

the District Attorney of Los An-

geles County and the City At-

torney of the City of San Diego.

The ACLU suit sought a writ of

mandate against Secretary of

State Frank Jordan to prevent

him from wasting the taxpayers'

money by placing the initiative

measure on the ballot when it

was inevitable that, if the meas-

ure passes, it will be declared

unconstitutional. The State Su-

preme Court unanimously de-

clined to entertain the suit, thus

indicating that it wanted to see

whether the initiative would be

passed by the voters before pass-

ing on its legal validity.

No Decision on the Merits

The decision of the State Su-

preme Court is in no sense a de-

cision on the merits of Propo-

sition 16 since it would be an

extraordinary move to refuse to

allow a measure to go on the

` ballet. Although this has been

dene in rare instances in the past,

the State Supreme Court refused

te take such action with respect

te Propesitions 14 and 15 on the

1864 ballot which were subse-

quently declared unconstitu-

tional by that same court. The

ACLU suit maintained that the

declaration of invalidity of the

preposition after it passed (if it

passes) would not adequately

protect First Amendment rights

because in the interim before

`such a ruling could be obtained

there would be many threats of

`prosecution under the broadened

definition and beok and maga-

zine dealers as well as movie

distributors would be intimidated

by the uncertain reach of the

law and would excercise a self-

ACLU NEWS

OCTOBER, 1966

Page 2

censorship damaging to the gen-

eral public.

Growing Opposition

During the last month strong

support has been added to the

ACLU's position that Proposition

16 is unconstitutional and dan-

gerous to freedom of expression.

Meeting in Anaheim, the Board

of Governors of the State Bar of

California warned that the propo-

sition was unconstitutional and

at the same time the 600 dele-

gates representing bar associa-

tions throughout the state at the

State Bar Convention voted over-

whelmingly to confirm and sup-

port the action of the Board of

Governors. Fortunately, Proposi-

tion 16 will not be a partisan

issue as Many incumbents from

both parties have denounced the

measure. Among those recently

announcing their opposition are

Assemblyman William T, Bagley

(Rep. Marin-Sonoma), Republi-

can candidate for Lt. Governor

Robert Finch, and Attorney Gen-

eral Thomas Lynch, However, 26

California senators and assembly-

men are listed on pro-16 litera-

ture as supporting the measure.

A good deal of money is being

raised by those who are using

the easy slogan of "Dollars for

Decency." It is obvious that the

campaign toe pass CLEAN will

spend lavishly on advertising and

work diligently among groups

highly susceptible tc propaganda

slegans and unfamiliar with basic

principles of freedom of expres-

sion.

Ass 2 blyman

John Knox Speaks

Against "Glean"

A public meeting featuring

speakers, both for and against

Propesition 16, including Assem-

blyman John Knox, will be held

at the San Ramon Valley Branch

Library in Danville on Wednes-

day, October 12, starting at 8 p.m.

DiTullio Appeal

To Be Argued

r 14

The case of Professor Edmund

diTullio, former Chico State Col-

lege Professor of History. who

was convicted of disturbing the

peace because of his speech at a

discussion of the war in Vietnam

in the Chico Town Plaza, will be

argued before the Butte County

Superior Court at 10:30 a.m. on

October 14. The judge hearing

the case is the Honorable J. F.

Good and the case will be ar-

gued in the Butte County Court-

house in Oroville. DiTullio's con-

viction for the alleged use of

"vulgar, profane, or indecent"

language in a loud and boister-

ous manner came after a long

jury trial on December 8, 1965.

He was represented then and is

represented now by ACLU staff

counsel Marshall W. Krause.

ACLU Conientions

Long briefs have been filed by

both sides in the diTullio matter

with the Professor's counse] mak-

ing 7 major points. First it is

argued that the standards used

in the statute are so broad and

vague as to violate First Amend-

ment requirements for "narrew

specificity" in regulating the con-

tent of speech and also to violate

the due process clause of the

14th Amendment by not giving

adequate notice of what language

will be deemed to be criminal. It

is also argued that the statute

is unconstitutional in failing to

detail any of the safeguards re-

quired in the First Amendment

area such as taking into account

community standards, the reac-

tion of the average person in-

stead of the specially sensitive

persons, requiring that the clear

and present danger test be ap-

plied and protecting utterances

which have social importance.

Erroneous Instructions

It is next argued that the trial

court's instructions to the jury

were erroneous under the law

and under the Constitution and

encouraged the jury to convict if

it found that diTullio had ut-

tered one "damn" during the

course of his one and a half

hours of moderating and answer-

ing questions on a controversial

topic of public interest. The

briefs also argued the question

of misconduct of the prosecutor,

prejudicial error in the trial

court's refusal to allow three

witnesses for the defendant (one

of whom was an eye witness) to

testify on erroneous grounds, and

a spate of other errors which

combined to prevent the de-

fendant from having a fair trial.

New ACLU In

Nebraska

The American Civil Liberties

Union recently announced the

organization of the Nebraska

Civil Liberties Union as its new-

est affiliate,

Approval of the National ACLU

Beard of Directors was unani-

mous, and John de J. Pemberton,

Jy., Executive Director, noted

that the Nebraska ACLU be-

comes the 38th state affiliate of

the 46-year-old national civil lib-

erties organization. There are 125

local chapters within the various

state groups.

Diablo Valiey

Chapter Meets

On Oct. 9

The Diable Valley Chapter

of ACLUNC will heid its an-

nual meeting for the election

of beard members at Diablo

Valley Cellege on Sunday af-

ternoon, October 9. Marshall

W. Krause, ACLUNC Staff

Counsel, will speak on the

CLEAN initiative. Don San-

ferd, Chairman of the chapter

beard, urges full attendance

of the membership at this im-

portant meeting.

Cle an Tr icl c

One and only one initiative measure will appear on the

November State Ballot-Proposition 16, the so-called "Clean'"'

Amendment which qualified through petitions circulated by

a Southern California organization whose awkwardly con-

trived name. `California League Enlisting Action Now,"

acrostically titled the amendment.

Outside of those who circulated and signed the petition,

this anti-pornography measure seems to have generated little

enthusiasm. It has been endorsed by Ronald Reagan, the Re-

publican candidate for Governor, by the Southern Baptist

General Convention of California, and by various rightist

groups.

Its detractors, on the other hand, are numerous and vigor- |

ous, including Robert H. Finch, the Republican candidate .

for Lieutenant Governor. The American Civil Liberties Un-

ion, the California District Attorneys Association, the Cali-

fornia State Bar and numerous churchmen have spoken out

against it.

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_ The backers of Proposition 16 argue that it is necessary

to protect children against a flood of obscene matter that is

pouring over the State. Its opponents commend this osten-

sible purpose but argue that the measure goes too far and is

self-defeating in its very excessiveness. _

_ Lawyers oppose it on the grounds that it is unconstitu-

tional and presents serious enforcement problems. District

Attorneys cry it down because it compels them to press

charges, no matter how ludicrous at the behest of any citizen,

no matter how eccentric, or face a civil suit. ("This,"' says

Candidate Finch, himself a lawyer "is declaring open season

on prosecutors and handing a hunting license te every neu-

rotic in the state.")

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_1966.batch ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 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Judges would also be painfully hobbled by provisions of

Proposition 16. They would be prohibited from dismissing

any obscenity proceeding because of a lack of evidence, and

from setting aside a guilty verdict on the same grounds. The

power to fix sentence would be stripped from the judge and

vested solely in the jury.

It has been well said that the proponents of the Clean

Amendment are playing dirty pool with the voters, that their

measure is a foray into the realm of free-wheeling censorship

and a radical overturning of established law. To vote no on

16 is not to vote yes on pornography; to vote yes on 16 is to

revoke all local obscenity ordinances and to prejudice the

passage of reasonable legislation in this field.

-Editorial, San Francisco Chronicle, September 25, 1966.

The Fatal Defects In Prop. 16

Proposition 16, the anti-obscenity amendment on the

November state ballot, contains such serious dangers to lib-

erty that we have no choice but to oppose it.

Yet we support the intent of the measure vigorously, and

greatly wish that it had been drafted with more care.

Moreover, we predict-and hope-it will receive a huge

vote. A big, vote will express the public's angry disapproval

of the growing flood of obscene materials all around us-and _

most particularly the obscenity aimed at children and teen-

agers.

__ So great is this concern among the citizenry that Propo-

sition 16 could even win a majority vote, in which even the

California Supreme Court would again be confronted with

the painful duty of invalidating a measure adopted by the

people. (The editorial then sets forth arguments against the

initiative made by Robert H. Finch, Republican nominee for -

lieutenant governor.)

It is quite difficult to write effective anti-obscenity legis-

lation without imposing objectionable censorship or provid-

ing bluenoses a field day. We regret that the sponsors of

Proposition 16 missed the mark. But miss they did, and by

a wide margin.

Let us hope that Proposition 16 will at least serve the

useful purpose of spurring the Legislature to produce a fair

and effective anti-obscenity state -Excerpts from an editorial

in the September 25, 1966, issue of the San Francisco Ex-

aminer.

No Beards

Allowed In

`Anti-'Clean'

Forces Organize

S.F. State Band

Students with beards are being

banned from the San Francisco

State College Band by Dr. Edwin

Kruth, Dr. Kruth admitted to

the ACLU that there is no Col-

lege rule against wearing beards

and that the band rule is of his

own making. Said he, "It's my

band." Music majors are required

te take band or orchestra in or-

der to graduate. As the "News"

`goes to press the ACLU is await-

ing a reply to a protest it filed

with the College president.

In Eastbay

An Eastbay committee against

the so-called "CLEAN" initiative

(Proposition No. 16) is in the

process of organization under the

leadership of Mr. Arthur Aron,

2430 Dwight Way, Apartment

208, Berkeley.

An organizing meeting of a

widely representative group of

individuals from Berkeley, Rich-

mond, E] Cerrito, Oakland and

nearby cities will be held at Ply-

mouth House, Durant and Dana

Streets, Berkeley, Sunday, Octo-

ber 2, at 7:30 p.m.

Oe Oe OC ED

BB rae

Ae eee Ae Nw i

Pte ay ee we

Elect Six New M

To Branch Board

Continued from Page 1-

the four remaining new board

members is as follows:

Mrs, Judith Baldersten

Mrs. Judith Balderston is the

wife of a U.C. professor and the

mother of four children. She was

educated in New York City pub-

lic schools, Swarthmore College

and Columbia University; she has

professional training and research

experience in mathematics, eco-

nomics, and statistics. She has

been active in local community

affairs in Berkeley, including the

ACLU, School Resource Volun-

teers and League of Women

Voters. She is currently teach-

ing as a mathematics specialist

in a special elementary educa-

tion project for the disadvan-

taged.

Dean Robert A. Keller

-Rebert A. Keller has been As-

sistant Dean of the Stanford Law

Schoo] since 1965. After gradu-

ating from the University of

Oklahoma in 1951, he served on

active duty as a lieutenant in ~

the U.S. Naval Reserve from

1951-1955. He was graduated

from Stanford Law Schoo] in

1958, where he was elected to

the Order of the Coif and served

on the Stanford Law Review. He

served as an attorney with the

San Francisco law firm of Or-

rick, Dahlquist, Herrington and

Sutcliffe from 1958 to 1965. He

is a member of the Palo Alto

Human Relations Council.

Robert L. Nolan, M.D.

Dr. Robert L. Nolan of Oak-

jand is a physician who special-

izes in Pediatrics. He was born

in New York City Feb. 12, 1926.

He received his A.B. degree from

Election Day Editorials

New York University and his

M.D. from Yale. He alse received

an M.P.H. from the University

of California in 1961. He was a

member of the Oakland Board

of Education from 1961 to 1965

and he has been since 1962 a

member of the Alameda County

Democratic Central Committee.

He belongs te a number of pro-

fessional organizations and is a .

member of the Council of Social

Planning of Alameda County and

at one time served on the Board

of Directors, Citizens Committee

for Fair Housing in Oakland. He

has received various civic awards

and citations. He is a mem-

ber of the Medical Corps, US.

Naval Reserve. He is also a Con-

sultant, Maternal and Child Health

Research Unit, School of Public

Health, Univ. of Calif., Berkeley,

and Clinical Instructor in Pedi-

atrics, Univ. of Calif., School of

Medicine, San Francisco, and

Stanford Univ. School of Medi-

cine, Palo Alto. He is married

and has four children.

Ceci] Thomas

Cecil Thomas resides in Albany

and presently is on leave from

his position as Associate Peace

Secretary for the American

Friends Service Committee in

San Francisco. At this writing,

he is Acting Executive Secretary

of the National Committee on

US.-China Relations in New

York City. Mr. Thomas holds

an A.B. degree from Cedarville

College and an M.A, from North-

western. He received his Ph.D.

from Ohio State University. He

served as Executive Secretary of

the Ohio State University YMCA

for ten years and later was

Associate Executive Secretary at

Stiles Hall in Berkeley.

High Court Uphold's s Right

To Comment on Issues ,

. The U.S. Supreme Court recently set aside criminal

charges against the editor of a Birmingham, Alabama, daily

newspaper for publishing "an editorial on election day urg-

ing people to vote a certain way on issues submitted to

them." The particular editorial urged the ee to replace

the commission form of govern-

ment with a mayor-council gov-

ernment, An Alabama statute

made it an offense "to do any

electioneering or to solicit any

votes . . . in support of or in

opposition to any proposition

that is being voted on on the

day on which the election affect-

ing such candidates or proposi-

tions is being held."

Justice Huge L, Black's opin-

ion for the court declares that

"Whatever differences may exist

about interpretations of the First

' Amendment, there is practically

_ universal agreement that a ma-

jor purpose of that Amendment

i fort is also being made to se-

CLEAN Debate

In Palo Alto

October 26

The Mid-Peninsula Chapter

of ACLUNC will held a pub-

lic meeting to discuss Propeo-

sition 16, the CLEAN initia-

tive on the November ballot,

it has been announced by Dr.

John Wiicox, Temporary Pro-

gram Chairman. The meeting

will be held on October 26 at

8 p.m. at Palo Alte High

School, E] Camino and Aros-

tedero streets.

Speaking against Prop. 16

will be Anthony Boucher of

Berkeley, the distinguished

writer, and atterney James

Stewart of San Jese. An ef-

cure a speaker who supports

the proposal.

The meeting will be presid-

`ed over by Dr. John Marquis,

chairman of the Mid-Penin-

sula Chapter, -

was to protect ie fitter discussion

of governmental affairs. This of

course includes discussions of

candidates, structures, and forms

of government, the' manner in

which government is:operated or

should be operated, and all such

matters relating to political proc-

esses. The Constitution specifi-

cally selected the press, which

includes not only newspapers,

books, and magazines, but also

humble leaflets and circulars

to play an important role in the

discussion of public affairs. Thus

the press serves and was de-

signed to serve as a powerful

antidote te any abuses of power

by governmental officials and as

a constitutionally chosen means

for keeping officials elected by

the people responsible to ali the

people whom they were selected

to serve. Suppression of the right

of the press te praise or criticize

governmental agents and to

clamor and contend for or against

change, which is all that this

editorial did, muzzles one of the

very agencies the Framers of

our Constitution thoughtfully

and deliberately selected to im-

prove our society and keep it

free. The Alabama Corrupt Prac-

tices Act by providing criminal

penalties for publishing editori-

als such as the one here silences

the press at a time when it can

be most effective. It is difficult

fo conceive of a more obvious (c)

and flagrant abridgment of the

constitutionally guaranteed free-

dom of the press."

The court went to some pains

to point out that the question be-

fore it "in no way involves the

extent of a State's power to reg-

ulate conduct in and around the

polis in order to maintain peace,

order and decorum there."

|] nari's address will be "The

Champagne

Reception

On Oct. 23

The Hen. John D. Molinari,

judge of the State District

Ceurt of Appeal in San Fran-

cisce, will be the featured

speaker at the Mid-Peninsula

Chapter's annual Champagne

Reception which will be held

on Sunday, October 23, from

2:00 to 5:00 p.m. at the home

of Clarence Heller, 98 Avon

Road, Atherton.

The subject of Judge Moli-

Civil Liberties of Mental Pa-

tients." In addition, Dr. Ger-

shen Berman will speak on the

changes in the Welfare and In-

stitutions Cede prepesed by

the Mid-Peninsula Chapter to

protect the civil liberties of

mental patients.

The public is invited, Bena-

tion $1.60.

Hearing Granted

In Parrish

`Bed Check' Case

The State Supreme Court has

agreed to hear the appeal of

Benny Max Parrish from his in-

voluntary termination as a `so-

cial worker in Alameda County.

The reason Parrish was termi-

nated was that he refused to

participate in an early morning

"ped check" of persons on wel-

fare rolls to determine whether

or not there was a "man in the

' house." The action of the State

Supreme Court came after the

District Court of Appeal had

refused to set aside the firing of

Parrish, as reported in the July

ACLU News.

The District Court of Appeal

had held that Parrish and other

social workers were not being

`required to violate any person's

constitutional rights because be-

fore a "bed check" was made,

the social workers were instruct:

ed to obtain the "consent" of

the welfare recipient for a

search. This theory was strongly

attacked in briefs filed by Par-

rish's attorneys, Albert Bendich

and Coleman Blease, and by the

ACLUNC im an amicus curiae

brief prepared by Robert Laws

and Bonafacio Yturbide. These

briefs point out that blanket

`searches without probable cause

are themselves invalid and that

"consent" from persons totally

dependent upon keeping in good

graces with the Welfare Depart-

ment is not a free and voluntary

act. It is expected that the Par-

rish case will be decided by the

California Supreme Court before

the end of the year.

Chapter Areas

Now Electing

Board Directors

The election of branch direc-

tors is now taking place in eight

chapter areas in northern Cali-

fornia. Mt. Diablo Chapter is

the only one which has chosen

not te elect a director from its

area for a one-year trial period.

Special notices were sent re-

cently to all members in the re-

maining chapter areas inviting

them to suggest the names of

qualified persons to their nomi-

nating committees, Nominating

committees have now reported

to their Chapter boards. These

reports indicate that few mem-

bers suggested candidates. In the

cases of outlying chapters, nomi-

hating committees have appar-

ently had difficulty in finding

qualified candidates whe were

willing and able to run. Five of

the eight participating chapters

report, as we go to press, that

they will offer only one nominee

on their ballots. Although. the

chapter membership was notified

that any five members could also

Tenth ACLUNC Chepter

Final steps in establishing ACLUNC's tenth chapter, a

Fresno area group, will be taken at a membership meeting

to be held at the Fresno County Free Public Library on

Thursday evening, October 6, at eight o'clock. The Rev.

Aron S. Gilmartin, a member of the branch board, will attend

_and speak on the rele of a chap-

ter in advancing the program of

the ACLU.

A second speaker, Dr. William

' Dienstein, will speak on the

CLEAN initiative. Dr. Dienstein

is a member of the faculty of the

Criminology Department at Fres-

ne State College and President

of the Fresno Board of Educa-

tion.

Proposed By-Laws

Members will be asked to-ap-

prove proposed By-Laws for the

new chapter which have been

prepared by a local organizing

committee and approved by the

branch at its September 8 meet-

ing. All members residing in the

area covered by the chapter have

been invited to attend the meet-

ing and to participate in chapter

activities.

The proposed By-Laws de-

scribe the jurisdiction of the

Fresno Area chapter as embrac-

ing the extensive area of Madera,

Fresno, Tulare and Kings coun-

ties. The By-Laws go on to say,

however, that such jurisdiction

shall continue until in the judg-

ment of the branch board of di-

rectors the growth of member-

ship in any of the three counties

other than Fresro warrants the

establishment of a separate chap- -

ter. ab A.

Election of Board

Besides adopting By-Laws, the

membership will also elect an

eighteen-member board of direc-

tors which will meet briefly im-

mediately following the member-

ship meeting in order to elect its

officers, select leadership for key

committees and conduct other

essential business.

The Organizing Committee has

been under the inspired leader-

ship of Russell K. Grove, owner

of a Fresno insurance `agency,

who, with the support of an ex-

cellent committee, also headed

the area's highly successful

Spring membership campaign

which resulted in a 70% increase

in membership and a total mem-

bership on September 1 of 134.

The Organizing Committee has

prepared a program of activities

and goals for the coming year to

present to the October 6 meeting

for consideration, appointed a

nominating committee to prepare

a Slate of candidates for the first

board of directors, and has taken

steps to enlist the support of

members in the communities sur-

rounding Fresno.

Slate of Candidates

The proposed slate of candi-

dates includes Alan Amend, Hu-

nominate a candidate by submit-

ting his name and acceptance

in writing to their chapter chair-

man, at this writing no petitions

have been receved.

A ballot will be mailed to each

chapter member in good stand-

ing after October 1 together

with two envelopes for their re-

turn. After voting, members are

required to seal their ballots in

the ballot envelope and place it

in the addressed return envel-

ope, which must be signed. Bal-

lot envelopes will be opened and

counted by each chapter's elec-

tion committee, and the persons

elected will be seated at the

November meeting of the branch

Board of Directors,

manities teacher at Fresno High

School; Ernest Aronstein, M.D.,

a retired radiologist, who, before -

entering into private practice in

Fresno, was associated with the

Department of Radiology at Stan-

ford Hospital in San Francisco,

San Francisco General Hospital

and medical work in Germany

prior to 1934; Dr. A. Ralph Barr,

a research specialist in Ento-

mology with the Univ. of Califor-

nia, formerly Supervisor of Vec-

tor Research with the Calif. De-

partment of Public Health, and

on the faculties of the University

of Minnesota and the University

of Kansas; Mrs. Roslyn Dienstein,

attorney at law; Mrs. Louise

Dodgson, proprietor of a Fresno

book store; William A. Doyle, a

social worker with the Fresno

County Dept. of Public Welfare,

formerly a teacher of English

and Drama in Selma and Victor-

ville High Schools; Noel Frod-

`sham, History teacher, Fresno

City College, President of board

of Fresno Teachers' Credit Un-

ion, Editor of Federalist, pub-

lished by Fresno AFT and a

former Fulbright lecturer in Den-

mark; Morris Futlick, attorney

at Jaw; Russell K. Grove, owner

of insurance agency; Mrs. Sallie

Hurst, a registered nurse with

the Veterans Hospital, a member

of the Negro Political Action As-

sociation of California, the Wom-

en's Advisory Committee to the

FEPC, the United Nations As-

sociation and the Council for Civ- -

ic Unity of Fresno; Renald Jer-

dan, graduate student in English

at Fresno State College, member

of the Student Senate and very

active in the ACLU membership

drive, recruiting a number of

student members; Dr. Russell

Leavenworth, Professor of En-

glish at Fresno State College;

' Mrs. Werner J. Lipton, a law stu-

dent before her marriage to a

plant physiologist, now engaged

in a variety of community activi-

ties; Robert McCartney, attorney

at law; Kenneth Milton May, a

part-time graduate student at

Fresno State College in Business

Administration, presently with

the Army Reserve in the 828th

Station Hospital in Fresno, and

working in the accounting de-

partment of Pacific Telephone

Co.; Rebert Revilla, Jr., Consult-

ing Engineer, President of Val-

ley Builders, Inc., General and

Engineering Contractors, a mem-

ber of the Fresno County Grand

Jury, active in the Mental Health

Association and the Fresno Arts

Center; Hunter Scott, retired,

President of Hunter Scott Ad-

vertising Agency, Fresno, for-

merly with NBC as San Fran-

cisco News and Special Events.

Manager, active with the Ameri-

can Friends Service Committee

on Migrant Labor Housing; Jun-

ior Chamber of Commerce and

The Fresno Youth Center among

other organizations; Robert E.

Speer, owner of a Fresno insur-

ance agency, a retired Air Force

Lt. Col., and active in many com-

munity affairs.

The chapter Organizing Com-

mittee reports that many other

members in the Fresno area

stand ready to serve on commit-

tees, to assist in chapter educa-

tional projects and to assume

board posts in the future.

ACLU NEWS

OCTOBER, 1966

Page 3

- Painter Child Custody Case

Request For Hic

The American Civil Liberties Union last month urged

the U.S. Supreme Court to review an Iowa Supreme Court

decision awarding custody of a seven-year-old boy to his

grandparents, both in their sixties, because they could offer

the child a more stable life than his "Bohemian" father, |

The civil liberties group and its

affiliated Iowa Civil Liberties

Union filed a friend-of-the-court

brief with the high tribunal on

behalf of Harold Painter, father

of young Mark Painter, arguing

that "the determination by the

Towa Supreme Court in this case

is in derogation of the constitu-

tional rights of the father and

child involved ... and a usur-

pation by the State of the pa-

rental rights and obligations of

one who concededly is a fit and

proper parent."

The ACLU brief also argued

that the state court's use of

Painter's religious and political

beliefs to justify its action vio-

lated the First and Fourteenth

Amendments to the Constitution.

Job Corps Photographer

Harold Painter, a 35-year-old

Job Corps photographer in Pleas-

anton, California, asked Mr. and

Mrs. Dwight Bannister, Mark's

maternal grandparents, to care

for the boy temporarily after his

wife was killed in an automobile

accident in December 1962. A

year after Mark went to stay with

the Bannisters, Painter became

engaged and asked for the child's

return, which was refused. When

Painter and his second wife, a

college graduate who had con-

siderable experience with chil-

- dren, were married and bought

a home for Mark and themselves,

they again unsuccessfully sought

his return. Finally taking the

case to court, Mr. Painter was

found to be a fit parent who had

not abandoned his son and was

awarded custody of the boy by

an Lowa district court. But

Mark's grandparents appealed to

the State Supreme Court, which

last spring reversed custody on

the ground that the Bannisters

could provide a more convention-

al, middle-class atmosphere for

the boy.

Not Unfit Parent

The ACLU brief challenged

the state high court's decision to

turn Mark over to his grandpar-

ents "in the child's best interest"

even though the court conceded

that Painter had not abandoned

the boy nor was he in any way an

unfit parent. Charging that the

right of a fit parent to raise his

child is protected by the Four-

teenth Amendment's provision

against the deprivation of "life,

liberty, or property without due

process of law," the brief assert-

ed that the "role of the court as

protector of children against

their. natural parents is limited

to cases involving mistreatment

or mishandling by the parent that

will in some way endanger the

child's health or welfare.' The

Bannisters were granted custody,

the Union brief contended, "on

the totally invalid assumption

that the court had the right and

obligation, purportedly in the

child's best interests, to deter-

mine whether someone other

than the child's natural parent

could provide him with a supe-

rior environment."

The Union's charge was backed

by the words of the Iowa Su-

preme Court that Mark should

- live with his grandparents be-

ACLU NEWS

OCTOBER, 1966

Page 4

eause life with his father "would

be unstable, unconventional, arty,

Bohemian, and probably intellec-

tually stimulating."

Wealthier and More Conservative

The ACLU brief argued: "An

appellate court's supposition that

a child's welfare will be ad-

vanced by turning him over to

someone wealthier and more con-

servative than his natural parent

is not a sufficiently grave reason

for depriving the parent of cus-

tody. The general maxim that a.

child is a ward of the court and

that the court should act in what

it deems to be in the child's best

interests may not be stretched:

to justify the court's assuming

the role of a parent's surrogate,

when the parent is able and

wishes to take care of the child

himself."

Father's Philosophies

The Union also maintained that

the First Amendment was vio-

lated when the state high court,

in making its decision, "ex-

amined several of Harold Paint-

er's `philosophies,' which it felt

were `important as they relate

custody of his child."

were Painter's interest in Zen

Buddhism and the fact that he

"is either an agnostic or atheist

and has no concern for formal .

religious training," unlike the

Bannisters, who plan to send -

Mark to a Congregational

Church, "The court thus made

it plain,' the ACLU brief said,

"that a father who wishes to

keep or regain the custody of his .

child, should observe certain

forms of religion approved by the

court or have his personal relig-

ious beliefs, atheism or agnosti-

cism, count against him." The

brief added that "the Constitu-

tion forbids any coercion to fol-

low a creed or to practice a form

of worship, even by indirection."

Political Liberal

The brief charged further First

Amendment violations in the

state court's consideration of

Painter's political attitudes "as

a relevant, if not controlling fac-.

tor in determining his right to

custody of his child."

Hearing For

Navy Objector

Continued from Page 1-

jector status to civilians even

though Congress said that the

administrative decision in such

`matters shall be "final," the same

legal reasoning should require

that there be judicial review of

such an application by a member

uf the armed services, Otherwise,

there would be no way to review

totally arbitrary decisions as the

decision in the Christensen case

seems to be.

Impressive Support

Accompanying the petition were

letters of recommendation from

an impressive group of people,

including members of the court-

martial panel, Christensen's Com-

manding Officer, a Navy Chap-

lain, and three members of the

society of Friends, all support-

ing Christensen's position and

attesting to his sincerity and

strength of belief.

Membership Another Arrest in.

At Record

High of 6948

The paid-up membership of

the ACLU of Northern Califor-

nia climbed to a record high, on

August 31, of 6948. This was an

increase of 219 since a year ago.

In addition, the branch had 216

separate subscribers to the

"News." The paid mailing list

totals 7104.

Most of the Union's support is

concentrated in 49 communities

having 20 or more members.

About 52% of the membership

lived in areas where the branch

had chapters. Most of the chap-

ter areas have shown a gain in

membership. The greatest gains

were made by the Mid-Peninsu-

la chapter which showed a net

gain of 93 supporters. Santa

Clara Valley gained 29 mem-

bers, Santa Cruz County 16, Mon-

terey County 15, Mt. Diablo 8,

and Stockton 2, The remaining

three chapters suffered losses in

membership. Berkeley - Albany

lost 8 members, Marin County 7

members and Sacramento Valley

49 members.

On August 31, the chapters had

the following mailing lists (mem-

bers and subscribers): Berkeley-

Albany, 1300; Mid - Peninsula,

671; Marin County, 477; Sacra-

mento Valley, 362; Santa Clara

Valley, 280; Mt. Diablo, 239;

Santa Cruz, 141; Monterey Coun-

ty, 115; and Stockton, 81. The

new Fresno Chapter starts with

a membership of 134,

Santa Rosa increased its mem-

bership from 22 to 57. The mem-

bership made a substantial jump

in Sonoma County principally

because of the efforts of the Rev.

Geoffrey P. Selth. A movement

is under way in Sonoma County

to petition for establishment of

a chapter, Outside of Santa Rosa,

however, the membership is

scattered.

Following is the list of commu-

nities in which the ACLUNC

has 20 or more supporters:

Increase

or

1966 1965 Decrease

San Francisco 1436 1459 (23)

Berkeley 1265 1281 . (16)

Oakland 339 306 33

Palo Alto 295 248 47

Sacramento 201 220 (19)

San Jose 142 122 0x00B0 20

Mill Valley 128-131 = 3)

Fresno dike 35

Menlo Park 107 97 #410

' Davis 9 96 (1)

Stanford 94, GT 27

El Cerrito 93: 97 (euro 4)

Santa Cruz 87 OTT 10

San Mateo 56 of 1D

Los Altos 85 = 82 3

San Rafael 82. 8%. 5)

Stockton 81 3679 2

Sausalito 66:66.

Los Gatos 638 45 18

Livermore 59 66 ( 7)

Orinda 58 55 a

Redwood City 58 39 19

Santa Rosa Of 22, 239

Walnut Creek 50 47 3

Richmond 49 53 ( 4)

Carmel 45 44 1

Napa 41 43 ( 2)

Lafayette 40 41 (1)

Hillsborough Si. 45 (euro8)

Mountain View 36 27 9

Albany' 3) 2h 7

Portola Valley .35 25 pound10

Fremont oa) 22 dE:

Hayward 3a. 30 3

San Anselmo 32 34 -( 2)

Chico 31 s s

Monterey | 31 = -

Aptos 30 "25 5

Kenttield 800x00B0 25 5

Castro Valley 29-25 4

Daly City 29 20 Qe

Concord 26 290x00B0 (3)

Modesto 25 29 (4)

Carmichael 24 24 0x00A7 28

Sunnyvale 23-30 ( 71)

Burlingame 210x00B0 30- (9)

Saratoga 2h 21:

Corte Madera 20- 20. 2-

Tiburon 20-23 (3)

( ) indicates a decrease.

*Not on the list last year, so

exact increase not known,

"The Beard' Play Case

About a week after Michael McClure's play "The Beard"

was presented to an audience of 600 at a Berkeley theater,

the cast was again arrested and charged with engaging in

lewd or dissolute conduct in public. The Berkeley arrests

evidently were triggered by

Municipal Court Judge Lawrence

_ Mana to throw out the charges

. against the two actors when ar-

rests were made after the per-

formance of the play in San

Francisco. As in San Francisco,

the east, Richard Bright and Bil-

lie Dixon, were released without

bail and legal moves were prom-

ised to attempt to throw out the

charge before the case came to

trial,

ACLU Representation

The American Civil Liberties

Union is representing the two

actors in both eases and will

claim in writ proceedings to be

filed in higher courts that the

attempt to pick out parts of the

play and charge that the actor

and actress engaged in some for-

bidden' conduct violates First

Amendment standards requiring

that an artistic creation be con-.

sidered as a whole and that the

other safeguards of First Amend-

`ment freedoms be applied to any

artistic expression. Further per-

formances of the play will await

the outcome of the legal proceed-

ings. Attorneys Malcolm Burn-

stein and Douglas Hill are act-

ing as volunteer counsel for the

case in Alameda County,

Critic's Views

The Berkeley Gazette's critic

Fred Wyatt. found the play

"lucid, coherent, convincing and

of prodigious impact." The gifted

Richard Bright as Billy the Kid

and Billie Dixon as Jean Harlow

must have been rehearsed to

near the breaking point by Di-

rector Mark Estrin. 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_1966.batch ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 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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_1966.batch ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 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haps "The Beard" disturbs sedate

eyes and ears somewhat the way

Dizzy Gillespie and the other

bopsters once disturbed minds

accustomed to the more melodi-

ous jazz called swing."

ACLU Position

The ACLU argued before

Judge Mana that he ought to sus-

tain a demurrer and dismiss the

complaint, but the judge -sus-

tained. the . District Attorney's

position that if an act otherwise

punishable as a crime occurs on

the stage it does not matter that

it was part of the larger play,

and it can be punished separate-

ly. As to the difference between

Photocopying

Machine Needed

By ACLU

If any reader knows of a dry-

process photocopying machine

that is available at a reasonable

price, please call ACLU (EX-

brook 2-4692). Our present ma-

shine has become inefficient and

is costly and time-consuming.

The budget does not allow for a

new machine and we, therefore,

seek to purchase one that is

used,

The first right of a citizen

Is the right

To be responsible

the failure of San Francisco

doing an act and representing an

"act on the stage, the judge and

the District Attorney were of the

opinion that this was a matter

of proof at the trial and not a

matter which could be gone into

in pretrial proceedings.

STATEMENT OF OWNERSHIP

MANAGEMENT AND CIRCULATION

(Act of October 23, 1962; Section

4363, Title 39, United States Code)

1. Date of filing. Sept. 19, 1966.

2. Title of Publication - American

Civil Liberties Union News.

3. Frequency of Issue-Monthly.

4. Location of Known Office of

Publication (Street, city, county,

state, zip code)-503 Market St., San

Francisco, Calif. 94105.

5. Location of the Headquarters or

General Business Offices of the Pub-

lishers (Not printers)-503 Market St.,

San Francisco, Calif. 94105.

6. Names and Addresses of Pub-

lisher, Editor, and Managing Editor-

Publisher (Name and address) Amer-

ican Civil Liberties Union of North-

ern Calif., Inc., 503 Market St., San

Francisco, Calif. Editor (Name and

address) Ernest Besig, 503 Market

St., San Francisco, Calif. 94105. Man-

aging Editor (Name and address)

None.

7. Owner (If owned by a corpora-

tion, its name and address must be

stated and also immediately there-

under the names and addresses of

stockholders owning or holding 1 per-

cent or more of total amount of stock.

If not Owned by a corporation, the

names and addresses of the individual

owners must be given. If owned by a

partnership or other unincorporated

firm, its name and address, as well as

that of each individual must be

given.)-American Civil Liberties Un-

jon of No. .Calif., Inc., 503 Market St.,

San Francisco, Calif. 94105. No Stock-

holders. Es

8. Known bondholders, Mortgagees,

and other Security Holders Owning or

Holding 1 Percent or More of Total

Amount of Bonds, Mortgages or Other

Securities (If there are none, so state)

-None. 5

9. Paragraphs 7 and 8 include, in

cases where the stockholder or secu~

rity holder appears upon the books

of the company as trustee or in any

other fiduciary relation, the name of

the person or corporation for whom

such trustee is acting, also the state-

ments in the two paragraphs show the

affiant's full knowledge and belief as

to the circumstances and conditions

under which stockholders and security

holders who do not. appear upon the

books. of the company as_ trustees,

hold stock and securities in a Ccapac-

ity other than that of a bona fide

owner. Names and addresses of indi-

viduals who are stockholders of @

corporation which itself is a stock-

holder or holder of bonds, mortgages

or other securities of the publishing

corporation have been included in

paragraphs 7 and 8 when the interests

of such individuals are equivalent to

i percent or more of the total amount

of the stock or securities of the pub-

lishing corporation. eae!

10. This item must be completed for

all publications except those which do

not carry advertising other than the

publisher's own and which are named

in Sections 132.231, 182.232 and 132.233,

Postal Manual (Sections 4355a, 4355b;

and 4356 of Title 39, United States

Code). : i

A. Total No. Copies Printed (Net

Press' Run). Average No. copies each

issue during preceding 12 months-

9583. Single issue nearest to filing

date-9000.

B. Paid Circulation 3 :

1. Sales throubh dealers and car-

riers, street vendors and counter

sales-None. :

2, Mail subscriptions-6603; 6807.

C. Total Paid Circulation-6603, 6807.

D. Free Distribution (including

samples) by Mail, Carrier or Other

Means-2480, 993. :

pound. Total Distribution (Sum of euro

and D)-9083, 7800.

EF. Office Use, Left-over, Unaccount-

ed, Spoiled after Printing-500, 1200.

G. Total. (Sum of E and F-should

oe net press run as shown in A)-

, 9000.

I certify that the statements made

by me above are correct and complete.

ERNEST BESIG

8

N TODAY

G0 151

JO!

AMERICAN CIVIL LIBERTIES UNION -

3 OF

Patron Membership

NORTHERN CALIFORNIA

wee te ee ee ee POO

Sustaining Membership .......0..45. Pe oe OU

Business and Professional Membership .........+.0++ 20

Family MMWembersiio -... 42.2.0) 3 , 1S

Associate Membership ,...2.23.6...252.5-02. ss 0

Anadal Membership .....-.; 5. 50.1, -. a

Student Membership ...... foe ee 5

ACLU News Subscription"... ........

NAME.

eee oHPHCCHTTH HR EHO THO HEECHOHHE HHH HEE

POORER

_ TELEPHONE NUMBER. -. 2...

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503 Market Street

San Francisco, 94105