vol. 32, no. 1

_ several

American

Civil Liberties

Union

Volume XXXII

SAN FRANCISCO, JANUARY, 1967

Number 1

`McClure's "The Beard"

Michael McClure's play "The Beard" was given legal life

last month when on December 8 Superior Court Judge Jo-

-seph Karesh ordered a writ of prohibition to issue against

the municipal court in San Francisco forbidding that court

the two actors in the McClure

play. The two, Richard Bright

and Billie Dixon, had been sched- '

uled to go to trial in Municipal

Court on a charge of "lewd or

dissolute conduct" in public in

violation of Penal Code sec.

647(a). In prohibiting the trial,

Judge Karesh ruled that it would

be beyond the jurisdiction of the

Municipal Court because the

Legislature never intended this

section of the Penal Code to

cover theatrical performances.

Banned. Since August

There have been no perform-

ances of "The Beard" in San

Francisco since August 8, 1966

when Miss Dixon and Mr. Bright

were arrested after the play was

performed at a San Francisco

night club, The Committee, A

performance a few weeks later

in Berkeley also resulted in the

arrest of the performers on the

Same charge but the Berkeley

case has not come to trial pend-

_ing the outcome of the San

Francisco prohibition proceed-

ings.

D.A. Will Appeal

The District Attorney in San

Francisco has announced he will

appeal Judge Karesh's ruling,

but the playwrights and actors

are determined that censorship

shall no longer keep them from

scheduling new performances for

the first part of the new year.

They were represented in the

San Francisco proceeding by

ACLUNC staff counsel] Marshall.

W. Krause and in the Berkeley

from going ahead with a threatened criminal action against

proceedings by volunteer ACLU

attorneys Douglas Hill and Mal-

colm Burnstein.

ACLU Position

In bringing the prohibition

proceeding before Judge Karesh,

the ACLU argued that if there is

objection on moral grounds to

the content of any artistic per-

formance, such as a play, it can

only be made on a basis con-

sistent with the First Amend-

ment. That is, the artistic work

must be considered as a whole,

and its literary, social and artis-

tic value must be given effect.

D.A's Argument

The District Attorney argued

that these factors were not rele-

vant in a Penal Code 647(a) pro-

ceeding and that an isolated bit

of the play could serve as the

basis for a criminal proceeding

if it "appeared" that the conduct

in the play violated some law.

Further Arguments

The ACLU alse argued that

the standard of what is "lewd or

dissolute" is meaningless and

_ would leave to the jury the

whimsical decision of deciding

whether a certain isolated act

did or did not meet this defini-

tion. Lastly, the ACLU pointed

out that the Penal .Code section

was concerned with some patho-

logical sexual misconduct such

as indecent exposure in public

and was not intended to control

the content of theatrical per-

formances,

Criminal Record No Bar

Barber

| (R)

To Practice Profession

- The ACLU has been continually concerned with dis-

qualification of persons for professional licenses on the

ground of past criminal conduct. This problem is especially -

acute in the so-called common professions not requiring any

particular standard of high moral character. The State Board

of Barber Examiners has been

equally concerned with trying to

prevent persons who have been

convicted of past criminal of-

fenses from obtaining licenses as

barbers, The latest confrontation

of these principles came in the

case of Dennis O'Keefe, an appli-

-eant for a license who had been

convicted of auto theft and rob-

bery while a juvenile and of

misdemeanors in more

recent times,

ACLU Volunteer Counsel

O'Keefe was represented by

ACLU volunteer counsel Leland

Shain before the State Board of

Barber Examiners sitting with a

hearing officer and the ACLU

argued that persons should not

be disqualified from practicing

in the common professions mere-

ly because of a criminal record.

There was also testimony that -

O'Keefe had changed his way of

- life and in fact bad been encour:

aged to go to barber school by

his parole officer who was able

to vouch for his character,

No Way to Earn Living

Ig O'Keefe had not been al-

lowed to practice barbering he

would have had no way to earn

a living and would have wasted

the long period of training in

barber school, This, the ACLU

argued, would be undue punish-

ment for his crime and no

doubt create such antagonism as

to stimulate further antisocial

eonduct. Fortunately the hearing -

officer recommended to the State

Board that O'Keefe's license be

granted and the State Board has

`gone along with this recom-

mendation.

Dangerous Standard

Standards such as "good moral -

character" are dangerously broad

when it comes to making a living.

in the common professions and

cam. very easily be used to limit

: -Continued orn fe 4

Berkeley Police Department -

Final State

Figures on

Prop. 16

Final State election figures

showed that Prop. 16, the anti-

obscenity initiative, lost by 7377,-

387 votes. The "Yes" vote was 2,-

533,921, while the "No" vote was

3,271,308.

Eversharp, Inc., filed a letter

with the Secretary of State's of-

fice revealing that it spent $185,-

900 for a newspaper advertising

supplement and a radio program

in support of Prop. 16. The com-

pany, which also manufactures

the Schick Injector razor, is

headed by Patrick J. Frawley, `Ir.,

an intimate of Governor Ronald

Reagan and a long-time supporter

of right-wing causes in California,

according to an Associated Press

story.

Do You Have

ACLU's Number?

The ACLUNC changed its tele-

phone number last month in or-

der to secure five.lines in se-

quence. Consequently, the listing

in the current San Francisco

`telephone directory is no longer

correct. ACLU's present number

is 433-2750.

Robert Bryant Pate

After a series of losses suffered in the federal courts ia

the state courts of Nevada over a period of the last five years,

ACLU attorneys have won a final and complete victory on

behalf of Robert Bryan Pate. On December 21 the Supreme

Court of Nevada filed a unanimous opinion ordering that a

denial of Pate's habeas corpus

petition in the lower courts be

reversed and that the writ be

granted without any further pro-

ceedings. The heavy burden of

this litigation has been carried by

volunteer attorney Arthur Brun-

wasser who has been assisted by

ACLU staff counsel Marshall W.

Krause,

Counsel] Denial

The Pate case started with a

letter from his mother enclosing

a transcript of a preliminary

hearing held in Nevada, This

transcript disclosed that Pate was

denied the right to counsel even

though he was charged with a

capital offense, kidnapping with

bodily harm. The case was com-

plicated by the fact that Pate

was at that time in San Quentin

prison, since the Nevada authori-

ties did not have the proper facil-

ities for his care, This in turn

arose from the fact that Pate was

extremely mentally unstable, hav-

ing attempted suicide on several

occasions.

: Cruel Punishment

A long letter from Pate to the

ACLU office indicated that prior

to his transfer to California, Pate

"Un Chant d'Amour"

Close Vote De:

in Film Censorship

In a startling and saddening

decision the Supreme Court of

California has decided to leave

. in effect the decision of the Dis-

trict Court of Appeal that the

Genet film "Un Chant d'Amour"

"is nothing more than hard-core

pornography and _ should be

banned." It is some consolation,

` but not much, that the decision

was by the closest vote possible,

4 to 3, with Justices Peters, To-

briner and Mosk voting to hear

the case and Chief Justice Roger

Traynor, and Justices McComb,

Burke and newly-sworn in J ustice

Raymond Sullivan voting not to

hear the case, ACLU staff coun-

sel Marshall Krause and volun-

teer attorney Neil Horton an-

nounced that the case would be

taken to the United States Su-

preme Court.

Sexual Life In Prison

The Genet film is clearly

shocking, clearly unusual and

clearly very explicit in its treat-

ment of sexual life in prisons.

This is an unpleasant aspect of

life but nevertheless a true one,

and one which will not be elimi-

nated by drawing the curtain of

censorship over it and prevent-

ing its depiction in a film with

the artistic sensitivity of Genet's

talent behind it.

The decision of the California

Supreme Court not to review

the case seems to be a retreat

from its stand in the Tropic of

Cancer case where it recognized

that artistic merit must be given -

precedence over what is offensive

language and description for

many persons.

Artistic Worth

The Genet film is one of great

artistic achievement and there

was no controversy as to this

fact in the trial, which was an

action for declaratory judgment

brought by the ACLU when the

nie AS Rewew

Case

threatened to arrest any person

who showed the film, The unani-

mous testimony of many out-

standing persons in the film

industry supported the artistic

worth and creative communica-

tion contained in the film and

there was absolutely no contra-

dictory testimony. Thus it~ is

indeed surprising that the Cali-

fornia Supreme Court was will-

ing to allow the film to be

banned.

Ginzburg Case Inapplicable

The matter of the new stand-

ards created by the U.S, Supreme

Court in the Ginzburg case did

not-or should have not-entered

into the case since the Genet

film was never exploited for

its sexual content but, on the

contrary, was not advertised and

was shown only to select groups

of persons who could appreciate

its sensitive and frank communi-

cation about the loneliness of

prison life. Unfortunately, un-

less the United States Supreme

Court changes the decision, the

treatment of sex in American

motion pictures may be limited

to Doris Day comedies from now

on,

had. been incarcerated in the Ne-

vada State Penitentiary in a cell

cut from solid stone and kept

in total darkness. When he made

too much noise or became un-

controllable a tear gas shell

would be shot into the cell and

he would be left for several days

without further contact. These

fantastic allegations could be dis-

missed as fantasies of a deranged

mind were it not for the fact

that a state investigation of the

penitentiary disclosed that exact-

ly these practices were taking

place and the warden and many

guards at the penitentiary were

dismissed,

Lower Courts Unfriendly

In any event, habeas corpus was

denied in the federal courts on

the basis that Pate was required

to exhaust his state remedies in

Nevada or at least try to exhaust

them even though he was not

physically present in that state.

When a habeas corpus petition

was filed in Nevada many pica-

yune and technical objections

were thrown in its way and the

trial court finally threw it out

because of an alleged defect in

the verification.

Mental Capacity Ignored

The Nevada Supreme Court hag :

ended the case by finding that the

petition was validly filed and

Stated a proper cause of action ~

and that its allegations disclosed

a violation of Pate's constitutional

rights without further hearing.

The point on which: the: Nevada

Supreme Court focused was the

aeceptance of a plea of guilty

by Pate to the capital offense by

a judge who, just eleven days

before the alleged offense was

committed, had committed Pate

to the state hospital as a mentally

ill person. This judge made no

inquiry as to Pate's mental ca-

pacity to enter a plea of guilty -

nor did he make any inquiry as to

Pate's mental state at the time

of the commission of the alleged

crime, The Nevada Su preme

Court held that this was a clear

violation of due process of law.

They did not reach the point of

whether Pate was entitled to

counsel at his preliminary exam-

ination or whether his -court-ap-

pointed counsel at the time he

pleaded guilty was incompetent

for letting him plead guilty under

those circumstances.

New Trial Possible

The State of Nevada can re-

guire Pate to stand trial again

on the charge if it properly ar-

raigns him and provides counsel.

Whether or not Pate is com-

petent to stand trial at this time

will also have to be investigated, -

not able to meet the demand.

ments in schools.

Needed:

Altorneys as

ACLUNC Speakers

More and more, ACLUNC is receiving requests for speak-

ers on civil liberties issues and cases from various groups.

"The Executive Director, Staff Counsel and Assistant Staff

Counsel, ACLUNC's busy volunteer attorneys,

Board members fill as many engagements as possible, but are (c)

A roster of speakers is being developed, but we lack a

sufficient number of attorneys able to fill daytime engage-

Retired attorneys willing to contribute their: services for

this purpose are invited te write or call the Branch Office,

303 Market Street, San Francisco. Telephone: 433-2750.

Retired

and Branch

. By a 6-to-1 decision the Supreme Court of California has

decided that Terence Hallinan must be admitted to the State

Bar despite the opposition of the State Bar of California

that he did not show the requisite good moral character.

Hallinan's case was supported in the Supreme Court of Cali-

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 94105, 433-2750

Subscription Rates -- Two Dollars a Year

F Twenty Cents Per Copy

ees 151

Ralph B. Atkinson

Dr. Alfred Azevedo

Mrs. Judith Balderston

Albert M. Bendich

Leo Borregard

Albert Culhane

Mrs. Natalie Dukes

Prof. John Edwards

Howard A. Friedman

Robert Greensfelder

Rey. Aron S. Gilmartin

Evelio Grillo |

Mrs. Zora Cheever Gross

Francis Heisler

Neil F. Horton

Howard H. Jewel

Honorary Treasurer:

Joseph S. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

Mrs. Margaret C. Hayes

Prof. Carlo Lastrucci

John J. Eagan

Jeseph Eichler

Dr. H. H. Fisher

Prof. Ernest Hilgard

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Prof. Var D. Kennedy

VICE-CHAIRMEN: Rabbi Alvin I. Fine

Helen Salz

SEC`Y-TREAS.: Jolin R. May

EXECUTIVE DIRECTOR: Ernest Besig

GENERAL COUNSEL: Wayne M. Collins

STAFF COUNSEL: Marshall W. Krause :

ASST. STAFF COUNSEL and LEGIS. REP.: Paul Halvonik

ADMINISTRATIVE ASSISTANT: Mrs. Pamela S. Ford

CHAPTER DIRECTOR: Mrs. Marcia D. Lang

Committee of Sponsors

Mrs. Paul Holmer

Mrs. Mary Hutchinson Prof. Wallace Stegner

Morse Erskine

Prof. Wilson Record

Dean Robert A. Keller

Prof. David Levin

Gerald D. Marcus

Ephraim Margelin

Prof. John Henry Merryman

Robert L. Nolan, M.D.

Prof. Robert M. O'Neil

Frederick $. Reimheimer

Clarence E. Rust

John Brisbin Rutherford

Mrs. Alec Skolnick

Stanley D. Stevens

Stephen Thiermann

Cecil Thomas

Donald Vial

Richard J. Werthimer

Dr. Marvin J. Naman

Mrs. Theodosia Stewart

Rt. Rey. Sumner Walters

Richard Johnston

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

Rey. Robert W. Moon

Dr. Norman Reider

Prof Hubert Phillips

Norman Lezin

_Geod Mora! Character

fornia by an amicus curiae brief

' filed by attorneys for the ACLU

_ of Northern and Southern Cali-

, fornia. The long opinion for the

" majority by Justice Peters thor-

_ oughly reviews the facts and

comes to the conclusion that none

" of the matters relied upon by the

' State Bar justify a finding of

lack of good moral character.

ACLU Concerns

| The ACLU was particularly in-

terested in two facets of the case

'- the use of Hallinan's civil

rights arrests and convictions in

' an attempt to show lack of good

moral character, and the failure

of the State Bar to relate Halli-

nan's other alleged faults to his

ability to practice law under the

highest ethical standards. Halli-

-mnan had been arrested and con-

victed in the San Francisco sit-

ims at the Sheraton-Palace Hotel

and Auto Row. The State Bar said

that this showed the lack of re-

spect for the law required of

ynembers of the Bar and that one

"who willingly engages in civil

Gisobedience is not a proper per-

son to be admitted to the Bar.

Peaceful Acts

In a generally sympathetic re-

'wiew of Hallinan's civil rights

arrests and convictions, the Su-

' preme Court noted that "every

intentional violation of the law

| is not, ipso facto, grounds for

`excluding an individual from

: membership in the legal profes-

: sion." The Court continued: "It

' should be emphasized that peti-

tioner explicitly repudiated vio-

lent civil disobedience and that

all demonstrations in which he

engaged were peaceful. The sin-

ACLU NEWS

JANUARY, 1967

Paqe 2

allinan

Practice

cerity of petitioner's beliefs in

non-violent civil disobedience and

his high motivation in this regard

are unchallenged by respondent.

His sentiments on the qualified

right of civil disobedience, how-

ever controversial, are shared, not

only by large numbers of idealis-

tic youth who have similarly dem-

onstrated peacefully throughout

our nation in recent years to pro-

test suppression of the rights of

Negroes, but also by some legal

scholars and other eminent peo-

ple.

Appropriate Punishment

"Whether these activities in-

volve moral turpitude is depen-

dent upon the issues involved

and the motivation of the vio-

lator, Of course, we do not mean

to condone disobedience of the

law in any form; we mean only

to express strong doubt that the

leaders of current civil rights

movements are today or will in

the future be looked upon as

persons so lacking in moral qual-

ifications that they should for

that reason alone be prevented

from entering their chosen pro-

fession. To the extent that acts

of civil disobedience involve vio-

lations of the law it is altogether

necessary and proper that the

violators be punished. But crim-

inal prosecution, not exclusion

from the Bar, is the appropriate

means of punishing such offend-

ers. 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every person who has engaged

in a `sit-in' or other form of non-

violent civil disobedience, and

who has been convicted there-

for, the right to enter a licensed

profession, we would deprive the

community of the services of

many highly qualified persons of

Civil Liberties

BRIEFS

Puppet Show Victory

The five young men who

`wished to present a puppet show

on San Francisco's Haight Street

on Halloween Eve and were ar-

rested for creating a public nui-

sanee were not required te go

to trial on this charge. Just be-

fore the case was set te go to

a trial before a jury the District

Attorney moved to dismiss it in

the interests of justice and the

court accepted the motion, The

ACLU, through Richard Wert-

himer and Paul Halvonik, was

prepared to defend the young

men on the basis that the po-

lice action was arbitrary and the

nuisance statute was unconsti-

tutionally vague.

Forsiner Collects

James Forstner has received

his full back salary plus interest

as the final step in the lawsuit

which challenged his dismissal

by the Probation Department at

the Youth Guidance Center be-

cause of his refusal to shave

his beard. The City did not seek

any further appeal from the de-

cision of the District Court of

Appeal holding that the firing

could not be sustained.

Win Loitering Case

When ACLU counsel appeared

in Municipal Court to challenge

the application to a young musi-

cian of a San Francisco ordi--

nance forbidding loitering, the

District Attorney avoided the

issue by dismissing the prosecu-

tion. The young man was arrested

while standing in a doorway by

officers of the San Francisco

Police Department in the Haight-

Ashbury district where. having

long hair is considered sufficient

reason to be stopped, searched

and questioned.

Camara Case Brief Filed

The ACLUNC has filed its

opening brief with the U.S. Su-

preme Court in the Camara

case, involving the issue of

whether health officers have the

right to enter homes without

probable cause or warrant to

make a search. It is expected

that this case will be argued

before the Supreme Court in

February.

Park Case Lost

The Appellate Department of

the Superior Court has affirmed

the conviction of Ronald David,

director of the San Francisco

Mime Troupe, for performing in

the parks without a permit from

the Park and Recreation Depart-

ment. The decision was without

opinion and seems incomprehen-

Sible in view of the fact that the

District Attorney conceded that

the Park Department. had no

power to revoke Davis' existing

permit. A rehearing will `be

sought to clarify this point and

the case will be carried further

if possible or necessary.

the highest moral courage. This

should not be done."

Nothing Devieus or Fraudulent

The Court then went on to

point out that there was nothing

devious or fraudulent about Hal-

linan's conduct and that the

other matters relied upon by

the State Bar, although repre-

hensible in nature, were ex-

plained as "youthful

tions" adequately overcome by

the processes of growth. It was

alse pointed out that Hallinan's

father, an extremely contro-

versial political figure, was the

source of a difficult environ-

ment for his sons causing some

belligerency. The Court also

pointed out that "the nature of

these acts, moreover, does not

bear a direct relationship to pe-

titioner's fitness to practice law.

. . Although petitioner's past

behavior may not be _ praise-

worthy it does not reflect upon

his honesty and veracity nor

indisere-_

Arcata and Fremont,

Throughout the State this fall administrators in public

schools snipped and sniped at long-haired males who sud-

denly blossomed forth in great numbers on high school

campuses. In the usual case a student would be threatened

with expulsion unless he shortened his hair to the length

which the vice-principal or dean

of men deemed "acceptable." In

one. small California school dis-

trict a suspected long-haired stu-

`dent was required to get a cer-

tificate from the local barber

that his hair was cut to a length

conforming with good grooming

practices before he could be ad-

mitted to school. The ACLU posi-

tion on these matters has been

that education is too important

to be granted vr denied on the |

basis of whether an administra-

tor's idea of what constitutes

acceptable hair styling is satis-

fied. As long as the length of a

student's hair does not interfere

with the educational processes of

`the student or of other students,

it should be no concern of the

school.

Arcata Case

This position has been vindi-

cated by Superrior Court Judge

W. G. Watson in Humboldt

County in a case supported by

ACLUNC, Gregor Myers v. Ar-

cata Union High School District.

Myers, who is 15 years old,

was suspended from school be-

cause the vice-principal of his

high .school believed that his

hair violated the rule prohibiting

"extremes of hair styles." His

petition for writ of mandate was

filed by volunteer ACLU attor-

`ney Lawrence A. Truitt. and re-

sulted in immediately replacing

Myers back in school until-the

matter could be heard on the

merits. A trial was had and on

November 10 Judge Watson filed

an opinion ordering that man-

damus iSSue preventing the

school officials from taking any

action against young Myers be-

cause of his hair length.

Judge's Opinion ry

Judge Watson started his opin-

ion by stating: "It should be

pointed out initially in this mat-

ter that there is no issue in the

case whether or not the Court.

or anyone else likes or dislikes,

approves of or disapproves of

long, short, Beatle cut, surfer

cut, crew cut or what have you

in the form of hair cuts." The

opinion went cn to hold: "The

limits within which regulations

can be made by the school are

that there be some reasonabie

connection to school matters, de-

portment, discipline, etc., or to

the health and safety of the stu-

dents. The question pre-

sented to the Court is whether

or not under the regulation as it -

stands the petitioner was in com-

pliance therewith. The regulation

provided for a nen-acceptability

of `extremes. The Court will,

and does, accept as true that

there is no doubt that petition-

er's hair fell into that class in

the opinion of respondents.

Equally, however, there is no

doubt that it did not fall into

that class in the opinion of peti-

tioner and his mother. It is this

does it show him unfit for the

proper discharge of the duties

of an attorney."

Lone Dissenter

The lone dissenter from the

Court's opinion was _ Justice

Marshall McComb who merely

stated that he would abide by

the decision of the Committee

of Bar. Examiners as sufficient

evidence of Hallinan's unfitness.

situation which brings into focus

the failing of the regulation in

question, for no one ean find

within the regulation a-definitive

guideline to follow and be sure

of compliance with the regula-

tion as it stands. . . . The Court

has too high a regard for the

school system in general and

Arcata Union High School in par-

ticular to think that they are

aiming at uniformity or blind

conformity as a means of achiey-

ing their stated goal in educat-

ing for responsible citizenships.

In the opinion of the Court, the

regulation as written is not spe-

cific enough to permit an en-

forcement without the interjec-

tion of conjecture and opinion

and the writ prayed for should .

issue."

Guidelines

The Court then laid down

some guidelines in the event the

school district should wish to

write some new regulations. The (c)

Court said: "Those regulations

must reasonably pertain te the .

health and safety of the students

or to the orderly conduct of

school business. In this regard,

consideration should be given to

what is really health and safety

or deportment and what is mere-

ly personal preference, Certain-

ly, the school weuld be the first ~

to concede that in a society as

advanced as that in which we

live there is room for many per-

sonal preferences and great care

should be exercised insuring

that what are mere personal

preferences of one are not forced

upon another for mere conven.

i

ience since absolute uniformity

among our citizens should be our

last desire. 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_1967.batch ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log 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_1967.batch ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log ~ It would seem

improbable to the Court that

modern students have so littie

to talk about in the conduct of

their own daily affairs that the

length of hair, for example of

petitioner, should, as alleged,

become a source of disruption

for the entire Arcata High

School. Nonetheless, the evi-

dence does show that some time

during the past year certain

students (aptly termed by re-

spondent's counsel as `Vigi-

lantes') let their bigotry and

intolerance overcome all that

they had learned of responsible

citizenship, resulting in violence

and physical abuse directed to-

wards petitioner, whose hair ap-

parently did not conform to what

they felt was an acceptable

standard which they chose to en-

force. It would seem that their

tactics are less in the spirit of

our American heritage than

those who would wear their hair

in some style varying from what

others of us might think of as

`more normal.' "

Fremont Case

One more ourt action was

taken in Northern California to

challenge a suspension for long

hair. This was in the case of

Athos v. Fremont Unified School

- District, filed in Alameda Coun-

ty. In that case, on the reading -

of the complaint, Alameda Coun--

ty Judge Leonard Diedan signed

a temporary restraining order

and later issued a preliminary

injunction requiring that the stu-

dent be returned to school

pending a trial or the merits of

the case. Thus far the trial has

not yet been held. Represent-

ing the student is the law firm

of Newman, Marsh and Furtado

in Hayward, Cauifornia.

pee

NANCE

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

For Year Ended October 31, 1966

HORWATH and HORWATH (c) CERTIFIED PUBLIC ACCOUNTANTS

Board. of Directors

American Civil Liberties Union

of Northern California

503 Market Street

San Francisco, California 94105

AUDIT OF BOOKS AND RECORDS FOR THE

FISCAL YEAR ENDED OCTOBER 31, 1966

We have examined the balance sheet of the American Civil Liberties. Union

of Northern California as of October 31, 1966, and the related statement of

income and expense for the. year then ended. Our examination was made in

accordance with generally accepted auditing standards, and `accordingly in-

cluded such tests of the accounting records and such other auditing procedures

as we considered necessary in the circumstances. We made a similar examina-

tion for the previous year.

The records are maintained on a cash basis, and accordingly reflect no

accrual of liabilities. Our examination indicated no material liabilities outstand-

ing. Amounts payable for payroll taxes and minor items were subsequently

promptly paid and did not differ in any significant amount from those payable

at the close of the previous year.

In our opinion, the accompanying balance sheet and income statement present

fairly the cash position of the American Civil Liberties Union of Northern

California at October 31, 1966, and the results of its cash transactions for the

year then ended.

HORWATH and HORWATH

Balance Sheet :

EXHIBIT A

AS AT OCTOBER 31, 1966

ASSETS

CURRENT ASSETS

Cash

Wells Fargo Bank

General account 22 ee $ 2,023 .

Savings account 8,600

Term certificate 5,000

_ San Francisco Federal Savings and Loan Association __.... 10,000

Security Savings and Loam Association ...2.-:cccccccccsecen---- 10,000

Heme Mutual Savings and Loan Association _................ 10,244

Golden. West. Savings and-Loan 285. 10,037

Twin Pines Savings and Loan ....... Se ee SES 10,000

Petty Cash fund 10 65,914

~ Securities (at market value) ... 8,614 -

United States treasury bonds (at cost) oo... eee 4,500

TOTAL ASSETS 79,028

LIABILITIES AND NET WORTH

~ CURRENT LIABILITIES :

Employees payroll taxes withheld 946

Provision for 1964 Tri-Annual report 2,250

Obligated funds (See Schedule A-I) 10,907

NET WORTH.

Balance at October 31, 1966.55. 4. ee 58,818

Excess of income over expenses

Year ended oa 311966 ee 6,107

Net worth ascat October 31, 1966.2" a 64,925

TOTAL LIABILITIES -AND NET WORTH ....2 02000 227. $79,028

Public Employees

-The State Supreme Court last month struck down a state

law restricting the right of public employees to participate

in political campaigns. The 5 to 2 decision was handed down

in the case of Nellie Bagley a nurse's aid at the Washington

Township Hospital at Fremont, Alameda county. The case

was handled by Victor VanBourg.

The ACLU appeared as a friend

of the court through its staff

counsel, Marshall W. Krause,

Recall Campaign

"Late in 1963 a number of citi-

zens became dissatisfied with the

policies of the . district and

eommeneced a campaign to recall

from office cer{ain of its direc-

tors." Miss Bagiey "participated

in the activities of this group by

attending some of its meetings,

circulating recall petitions and

distributing literature. The rec-

ord indicates that (Miss Bagley)

confined her activities on be-

half of the recall campaign to

her off-duty hours and that in

seeking to influence interested

citizens to vote tor the recall she

did not advise them of her em-

ployment by `he district."

Government Code

On February 7, 1964, the hos-

pital administrator circulated a

memorandum to all hospital per-

sonnel threatening disciplinary

action and/or dismissal against

any employee who participated

in the recall, The notice also

called attention to Government

Code section 3205 which pro-

vides: "No officer or employce

whose position is not exempt

from the operetion of a civil

service personne: or merit sys-

tem of a local agency shall take

an active part in any campaign

for or against any candidate, ex-

cept himself,

such local ageney, or for or

-Continued on Page 4

November 30, 1966

Income and Expense Statement

EXRIBIT B

INCOME

Memberships , $78,953

Special funds appeal. = $6,596 se

Less portions directed to obligated funds ...... 6,596 ome

Special gifts

Cash 5,916

Market value of securities received on... cecceccceeccceeececeeee 8.614

Memorial gifts ... 09

Interest income 3,227

Dividend income "279

Publication sales, notary fees and miscellaneous .................- 193

TOTAL INCOME $97,791

EXPENSES

Salaries 2 $55,237

Printing, stationery and office epee ee 6,679

Rent 22 5,845

A.C.L.U. News 3,727

Postage _..... 5,178

Telephone 1,954

Taxes and insurance _... 2,903

Travel-gand transportation, 9) 5 te 727

Provision for 1964 tri-annual report -_....2.--.---cccceceeececeeeeceseces 1,000

Retirement 741

Pension: plan' #202 = 523

Employee ee, 325

Audit 300

Crisis areas fund expense 4,107

Furniture and equipment 1,083

Publications __. 385

Annual meeting aoe 142

Biennual conference } 524

Sundry 284

TOTAL EXPENDITURES $91,684

EXCESS? INGOME: OVER EXPENDIEURES 2. $ 6,107

cemnnrenanew mecmerernat

ACLU Protests

Merced School

Nativity Play

The ACLU protested last

month to the presentation of a

nativity play by the 4th, 5th and .

6th grades and the chorus of the

Luther Burbank School in Mer-

ced. The Superintendent, Rudolph

Rivers, was urged to secure a.

legal opinion from the County

Counsel.

Typical of the objectionable

language contained in the play

is the following:

"The same hand that brings to

pass the miracle of Christ on

earth will create the miracle of

the Star of Bethlehem.

"Just as Christ, the King of

Man, is also the Humblest of men

and will be born among the poor

and lowly .. . so, too, His star

will be chosen from the `humblest

of stars.

"It is a sign from the Almighty

that the lowly shall triumph .. .

and that the humble will shine

before God with the brightest

luster."

The ACLU suggested that "The

play should more properly be

presented in a Church or a re-

ligious school than in a public

school, where many faiths are

represented."

The ACLU "believes that any

program of religious indoctrina-

tion-direct or indirect-in the

public. schools or with public re-

sources is a violation of the con-

stitutional principle of separation

of church and state and should be

opposed.

"The observance in public

schools and on public property of

such occasions as Christmas,

Channukah, and Easter as reli-

gious holidays is contrary to the

separation principle."

Transactions i im Obligated ee

- SCHEDULE A-I

RECEIPTS

Balance Special end: Balance

10-31-66 Appeal Other . itures Transfers (c) 10-31-66

DEFENSE FUNDS ee : :

General defense fund 3.00.2 $15,323 $5,936 $1,016 $ 4,129 $3,633* $14,513

Teachers loyalty oath case (Mack) ........... 147 103 5 245

`Burks case 281* 281 _

Sokol case {132% 481 594 --

Belshaw case 403* 13 129 519*

Forsiner case 3 ee 873* - 873 _-

Nevada: vs Pate "255. 2 ee 172* 27 389*

Ida Morgan: case =. 2 115* 1E5 -

Balgoovyen. case 42. 543* 196 739 -

Camara case. ee 473* 26 1,062 1,509*

Burbridge=case =28 9 2 470* 470 oo

Grogan vs Meyer (Proposition) 14 _.......... 4* 259 31 187

Landau vs Fording ("Un chant d'amour")... 927* 927*

Inc reference Budd = 2 = Ao ee 185* 19 77 243 -!

People vs di Tullio ww. _ 109 1,233 2,502 1,160*

Juvenile court 2. ee eee -_ 1,394 1,031 363

Hi As Co es -_ 103 103

TOTAE- DEFENSE FUNDS... = $10,874 $6,568 $3,643 $ 9,860 318* $10,907

OTHER FUNDS

Beth Livermore Memorial Fund .................. $42 42 -_

Boyd Memorial Library 227. 288* 17 305 -

VOperation Correction" = =o _ : 106 19 13 -

= TOTAE OTHER FUNDS =. $ 246* $ 106 $ 178 - $318 =

TOTAL OBLICATED ELUNDS == $10,628 $6,568 $3,749 $10,038 _ $10,907

*Denotes red figures

Challenge to Parole

Officer's Search Fails

By the closest possible division, 4 to 3 the Supreme

Court of California has declined to hear the case of People

v. Quilon. Justices Peters, Peek and Mosk voted for a hear-

ing. The ACLUNC filed an amicus curiae brief in this case

urging that the court grant a hearing. The brief was pre-

`decision,

for an office of

pared by Assistant Staff Counsel

Paul Halvonik.

No Rights As Parolee -

The District Court of Appeal

which now remains

standing as the law of Califor-

nia, holds that there was noth-

ing illegal about the search

which resulted in Quilon's con-

viction since he was on parole

from a previous offense and his

parole officer was present at the

search. It was conceded that the

search would have been illegal

had the parole officer not been

present.

ACLU Contentiens

The ACLU brief argued that

the facts show without dispute

that the parole officer was

merely along for the ride with

the federal officers who made

the search and that the parole

officer served as a veil or cover

for what would ordinarily have

been an illegal search. A more

complete statement of the ACLU

School Prayer

Discontinued

Following protests from the

ACLU, the recitation of a

"poem" abou` God, while the

kindergarten children folded

their hands and bowed their

heads, was discontinued at

Springer Elementary School in

Los Altos last nionth. =

argument appears in the Decem-

ber News.

Appeal Planned

Quilon's attorney plans to

carry the case to the United

States Supreme Court where the

ACLU will undoubtedly again

file a brief urging that court to

hear the case.

ACLU NEWS

JANUARY, 1967

Page 3

A Priest's Reaction (c)

Love

The following story, written by Robert Brophy, S.J., of

a

the English Department of the University of San Francisco,

appeared in the December 16, 1966 issue of the campus

weekly paper, The Foghorn:

Once again our university has escaped with unsmudged

image and without nasty invyolve-

meni, Though the incident took

place a scant six blocks away

and the arresting officers had

the USF stamp on them, it took

the San Francisco State faculty

and students miles away to

discuss the issue and be subjected

to the public ridicule and the

whimsical spot-quoting of the lo-

eal papers.

The fences are high; the moat

runs deep. It is as though in the

ease of pornography we'd better

not even look. The subject is

verboten; the accused are pre-

judged nasty; public officials are

protecting our youth.

Actually The Love Book, if

Questionable poetry, is question-

ably obscene under any norms -

within sight. It is studded with

four letter words whieh our

Anglo-Saxon Protestant heritage

has not `acknowledged publicly

for about four hundred years.

But shock is not sin, The con- '

fusion recalls the ludicrous con-

troversy over The Dictionary of

American Slang and the pitiful

imbroglio regarding Catcher in

the Rye. :

Four-letter words in print may

make the reader feel strangely

red-faced and offended; at times,

though, they can be a sort of

exorcism from the cute indirec-

tions which are often true ob-

scenity,

Were the four-letter words of

~The Love Book replaced by eu-

phemisms as they are so dishon-

estly and slyly in other media of

our society, the effect might be

disappointing. Were the title of

the second poem "To Embrace

With Love" or "To Score With

Love," how many readers would

go on?

The book incites to lewd action

and has no redeeming social sig-

nificance; that seems to be the

accusation, Strangely obscured in

all the publicity in the fact that

The Love Book is such a slight

and unprepossessing volume-six

lyric pages, two poems frankly

celebrating the natural goodness

of the love act and attempting

to present it as an expression of

worship according to an imme-

morial tradition of Buddhist or-

thodoxy, | 2

Granted, its frankness does not

recommend it as reading for adol-

escents no matter how old they

be, nor does its directness and

unfamiliar .cosmogony make if

digestible for other readers,

Vivid expression is its vulner-

able point; its subtlety of mean-

ing and religious intent are less

easily appreciated, But it is

frightfully normal in a culture

where sexual abnormality is al-

most expected. :

Sadly enough, the most serious

concern which arises from all

this does not seem to be whether

the poems are obscene or not. It

isn't even whether the clerks ar-

rested are in immediate danger

of imprisonment or fine.

Somebody like the American

Civil Liberties Union will no

doubt take up the cause.

The real threat is the bewilder-

ment in the minds of the intimi-

dated; why the Psychedelic Book

Shop when any drug store in the

eity has far worse? Why not the

racks of homosexual literature

acound the 7th street bus station?

Why not the city papers which

ACLU NEWS

Page 4

_ that,

JANUARY, 1967

display movie ads which are blue

ribbon obscenity and are blithly |

delivered daily into homes? Why

not the weekly respectable mag-

azines which slyly and with total

dishonesty titillate sexual desires

in order to sell perfume and de-

odorant?

Indeed, why not the Foghorn

for the Hicks-Ponder advertise-

ment of two weeks ago which by

its sniggering innuendo and phal-

lic symbolism was more sick and

immoral than Miss Kandel would

think of being.

Deviousness and dishonesty

would seem to be virtues, no? Or

are the clothing and cosmetic

companies too big to be taken on?

Are the Grove Press and Bantam

Books an overmatch?

- The currently best-selling mas-

terpieces of Frank Harris, Jean

Genet, John Cleland, or the taut-

ly unexpurgated D. H, Lawrence

make The Love Book seem a kind

of Girl Scouts' Handbook,

What does it mean then: that

the Kandel book is confiscated

and the Psychedelic's clerks ar-

rested while more lurid counter-

parts remain immune? Unfortu-

nately law enforcement has left

the public with more questions

and doubts than reassuring an-

swers.

What are our neighbors of

Haight-Ashbury supposed to con-

clude? Police harrassment? But

why? Is it the old complaint

against beards and body odor

translated into enforceable

terms? Is it an indirect blow at

the Peace Movement?

Is it a warning of more to

come? Indiscriminate bullying?

Incipient fascism? Was the arrest

casual and routine or premedi-

tated and calculated? From what

level of the power structure did

the initiative come?

Whom does the Haight-Ashbury

threaten? Does it represent the

establishment panicked at a phe-

nomenon in society which it can-

not understand or control? A

snuffing out of nonconformism?

If so, how is the minority, the |

non-possessed, the disenchanted

but enfranchised to answer or

defend itself? The questions are

not mine; they were spoken by

responsible men and women at a

public meeting last week a few

blocks away from us.

Are they our concern, too?

The fears may have no basis in

fact, but, like it or not, they are

now foremost. And they neither

help otir neighbors better to ap-

preciate democratic society nor

suggest how they are to be as-

sured of future civil liberties.

Meanwhile we go on our social,

athletic, and academic way. Is it

indeed unreasonable to blame our

campus for disinterest? What

could be done? Do you really

mean we should have had public

readings or challenge authority

as the State did? Perhaps not

It's just that we always seem

so safe and unperturbed, so sani-

tary, so uninvolved with our so-

called "second campus.' We nev-

er worry. We are the boy's (and

now the girl's) seminary on top

of the hill, We not only don't

take up wrong sides on issues, we

hardly notice them.

So we remain within our cov-

ered-wagon circle of buildings,

breathing rarified air, insulated

as if. in an ivory citadel, anti-

septic, uncontroverting, and per-

haps a bit more irrelevant than

iia a

Restrictions

On Political

Activity Barred

Continued from Page 3-

against any baliot measure re-

lating to the recal! of any elected

official of the local agency."

Miss Bagley was dismissed when

she refused to abide by the di-

rective.

Overbroad Statute

In an opinion written by Jus-

tice Matthew O. Tobriner, the

court found that "The restric-

tions imposed upon (Miss Bag-

ley's) political activities by Gov-

ernment Code section 3205 and

the board's directive are not...

`required to preserve the effici-

ency and integrity of (the) pub-

lic service'."

The court went on to say that

"The overbreadth of the statute

lies in the wide swath of its pro-

hibition of employee participa-

tion in a number and variety of

elections." The ban would "pre-

vent an employee of a city from

participating in the campaign of

any officer of his city, and per-

haps even in his county, how-

ever remote might be the work-

ing relationship between such

employee and such officer."

Crucial Area

"In summary we note," said

the court, "that the expansion

of: government enterprise with.

its ever-increasing number of

employees mark this area of the

law a crucial one. As the number

of persons empioyed by govern-

ment and governmentally-assist-

ed institutions continues to grow

`the necessity of preserving for

them the maximum practicabie

right to participate in the po-

litical life of the republic grows

with it. Restrictions on public

employees which, in some or all

of their applications, advance no

compelling public interest com:

mensurate with the waiver of

constitutional rights which they

require imperil the continued op-

eration of our institutions of rep-

resentative government.

Harmonious Operation

"This court has recognized the

right of government agencies to

preserve their harmonious op-

eration by restricting such po-

litical activities as directly

threaten administrative disrup-

tion or a loss of integrity. When,

however, the sweep of the re-

strictions imposed extends be-

yond the area of permissible lim-

itation, we are obliged to strike

down such strictures and any

official act predicated upon

them."

Dissent

Justice Louis H. Burke was

joined in a dissent by Justice

Marshall McComb, "Active parti-

cipation by a local agency of-

ficer or employee for or against

a ballot measure to recall an-

other elected agency official is

at least as likely as not to de-

moralize, impair and disrupt the

efficiency and integrity of the

service," said Justice Burke.

Sac. Legislative

Headquarters

Now Operating

The ACLU legislative office in

Sacramento is now equipped and

doing business in Suite 203,

Eleventh and L Building (across

from the Capitol). It is the head-

quarters of Paul Halvonik and

Unlawful Seach and Seizure

`Love B

eturn of

faterial In -

ook Case

On December 15 San Francisco Municipal Court Judge |

' Joseph Kennedy ordered the District Attorney to return to

the owners all those materials seized by the San Francisco

Police Department at the time of the arrests in connection

with the "Love Book" case. Judge Kennedy ruled that the

Police Department was only in

rightful control of the books

which it purchased and acted

illegally in seizing several books

of poetry, Magazines, newspapers

and other materials from the

Psychedelic Book Shop and 15

additional copies of "The Love

Book" from the City Lights

Book Shop. It is hoped that this

decision will end the practice

of the San Francisco Police De-

partment of rummaging through

the stocks of a book dealer when-

ever an arrest.is made and seiz-

ing whatever they believe to be

obscene without warrant and,

many times, without even filing a

complaint regarding the material.

Search Warrant Necessary

Judge Kennedy in his opinion

earefully reviewed the antece-

dent California law which was

changed in 1961 to eliminate the

power of the Police Department

to make such seizures, He noted

that no new authority was given

to the Police Department in 1961

and thus the only proper authori-

ty for a seizure in California is

under a search warrant, with the

exception of known contraband,

such as narcotics. Judge Kennedy

noted that just because a police-

man believed that something was

obscene was no basis for the

courts or anyone else in treating

it as such and that the United.

States Supreme Court- had ruled

that the First and Fourteenth

Amendments prevent such sei-

zures in the absence of a judicial

hearing to determine whether or

not the material is subject to

seizure.

Preliminary Hearing

Judge Kennedy also ruled that

the three defendants in the Love

Book case, Ron Muzalski, Jay

Thelin and Alan Cohen, have

the right to have a preliminary

hearing to determine whether

there is sufficient evidence to

even bring the case before a

jury or whether the material

is so clearly protected by the

First Amendment that it should

not be brought before a jury

and the case should be dis-

missed. Judge Kennedy tenta-

tively scheduled such a hearing

for the week of January 16 and

indicated that it would be heard

before a three-judge court to

remove the pressure on a single

judge in such an important case.

Expert Witnesses

At the January hearing the

ACLU, which is representing the

arrested persons, will present

expert testimony showing that

the two poems in "The Love

Book" are the opposite of ob-

seenity, that is, instead of treat-

ing sex in any dirty or shameful

way, they treat sex with a highly

reverent and almost religious

devotion with a celebration of

its beauties rather than an ap-

peal to any prurient interest. Also

the experts will establish the

literary, social and philosophical

~value of the poems. "The Love.

Book" continues to be sold at the

City Lights and Psychedelic book

shops and in many other loca-

tions in the Bay Area. The case

has aroused nationwide interest

and demands for the book, which

was expected to have an ex-

tremely limited circulation

among a few people in San Fran-

cisco, have come in from all

over the country.

Legis. Program

May End

Tax Benefits

ACLUNC has notified the In-

ternal Revenue Service that he-

ginning with the New Year it

will be attempting to influence

legislation in the State Legisla-

ture. In the current budget, it

`is estimated that about $8000 out

of a total budget of $118,000 Will (c) and

be spent for the Sacramento op-

eration. The question is whether

a substantial amount of the

ACLU's income is being spent

to influence legislation.

Recently, the Internal Rev- |

`enue Service ruled against the

Sierra Club, so it is not unlikely

that YOUR 1967 contributions to

the ACLU will no longer be de-

ductible for income tax purposes.

Such contributions have been de-

ductible only since September 13,

1962.

Barber Wins

Appeal

Continued from Pagel -

the number of practitioners in -

the profession for economic gain

_ and to apply punitively the

moral standards of the individual

members of a particular examin-

ing board. "s

The first right of a citizen

Is the right

To be responsible

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