vol. 31, no. 10
Primary tabs
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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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...
oe 6 0 6 (c) 6 eo oo 99 2 OG,
foe a 2 00
ee oeeeoee Fee 760% 2988
0s 8008 eo Oe
ee AMT ENCLOSED
503 Market Street
San Francisco, 94105