vol. 35, no. 6

American

Civil Liberties

Union

Volume XXXV

SAN FRANCISCO, JUNE, 1970

No. 6

Citizenship

Granted

To

Otto Bagai_

Otto Bagai is a native of Romania. During the Second

World War Romania was invaded first by the Soviet Union

and then by Germany. The

war uprooted Bagai from his

native land. The Germans conscripted him into their army

where he served as a laborer and he was taken to England at

the end of the war, During the

period of 1945-1946 Bagai be-

came a seaman, he jumped ship

in Canada and entered the Unit-

ed States illegally in July of

1946, A month after his illegal

entry, Bagai was ordered deport-

ed but the Immigration and Nat-

uralization Service was unable to

execute the warrant of deporta-

tion because the Romanian gov-

ernment refused to issue Bagai

a travel document. Consequent

ly, Bagai has lived in this coun-

try continuously for almost a

quarter of a century.

Honorable Discharge

In 1951 Bagai joined the Unit-

ed States Army. After a year of

service the Army discovered he

was not a legal resident and dis-

charged him honorably, Because

of his service in the United

States Army, Bagai decided to

apply for citizenship under a

statute which forgives illegal en-

try and permits naturalization of

an immigrant who has served

honorably in the Armed Forces.

The statute, however, contains a

provision that "no person who is

or has separated from such serv-

ice on account of alienage shall

be regarded as having served

honorably."

No Avoidance of Service

In hearings before the Immi-

gration and Naturalization Serv-

ice, executive director Ernest Be-

sig urged that the proviso ex-

cluding from naturalization per-

sons who have been discharged

"on account of alienage" should

be read to refer only to a situa-

tion in which the serviceman

himself sought to be discharged

on grounds of alienage Bagai at

no time attempted to avoid serv-

ice.

ACLUNC Prizes

Awarded in

Essay Contest -

Marilyn Lowe of Salinas was

awarded the northern California

first prize of $100 for her essay

on the subject, "The Bill of

Rights, is it for real?" Miss Lowe

attends twelfth grade in Salinas

High School in the Monterey

chapter area.

Second prize was awarded to

Genita Kovacevich of the Fresno

area, who is a twelfth grader in

San Joaquin Memorial High

School. Jennifer Jennings of the

Sacramento area was the third

prize winner. Miss Jennings is

in the twelfth grade in Casa

Roble High School. All three es-

says have been sent to the na-

tional ACLU office as our en-

tries in the nationwide essay

contest,

Almost all ACLUNC Chap-

ters actively participated in the

contest, as did non-chapter areas.

Special thanks go to Charles

Connolly of San Mateo county

for his efforts on behalf of the

contest there. Appreciation too

for all the wonderful entries sub-

mitted by high school students;

it is a pity only three essays

could win!

Service Disagrees

The service disagreed; rely-

ing on a 1933 United States

Court of Appeals decision it rec-

ommended to the federal court

that Bagai's petition for natural-

ization be denied, In the federal

court hearing, staff counsel Paul

Halvonik urged the court to

adopt the Besig reading of the

provision and distinguished the

1933 opinion on the grounds that

it was the product of a time of

irrational hostility towards ali-

ens.

Court Ruling

Federal District Court Judge

Albert C, Wollenberg agreed,

noting that since 1933 "the

courts have adopted a rather

more liberal attitude, and the

provision at issue herein has

been particularly singled out as

one which confers well-merited

benefits which should not be de-

nied in an arbitrary and niggard-

ly fashion . . . Service in the

Armed Forces of the United

States has been regarded as the

best possible proof of an alien's

willingness to give unqualified

loyaity to his new country . .

An alternative interpretation

would mean that a person could

enter the Armed Forces and

could serve honorably, only to

be deprived at the very end of

the service of what Congress in-

tended to be a most important

reward for faithful performance

of military duties."

Service May. Appeal

At this writing, it is not known

whether the service intends to

appeal Judge Wollenberg's rul-

ing. If it does not Bagai will

immediately become a United

States citizen.

Lost Soldier

Wins Army

Commendation

Last January, Richard Beaty,

22, of Porterville, was discharg-

ed from the Army after spend-

ing 17 of his 24 months at home

awaiting orders. A lower Fed-

eral Court refused to release

him and he was whisked off to

Vietnam where he served as a

gunner on an armored personnel "

carrier in a combat zone. The

Court of Appeals, on an appeal

`from the ACLU, found that the

Army had lost Beaty, despite his

efforts to convince its revresent-

atives that something was wrong,

and ordered his release. He's

now working in a sawmill in

Terra Bella.

Recently, the "lost soldier"

was awarded the Army Com-

mendation Medal for exemplary

service. The Army citation com-

mends Beaty, who is married

and has three children, for

"loyalty, integrity and persever-

ance (that) brought him wide

acclaim and inspired others to

strive for maximum achieve-

ment."

Court Victory _

For Richmond

Workers Comm.

The Richmond School Board

decided that it did not like the

Richmond Workers Committee

when the Committee had a Black

Panther Party officer address

a meeting held at school facili-

ties and then asked for use of

the facilities to show a film en-

titled "Off The Pig." The Board,

without ever reviewing the film,

' concluded that it ``advocated kill-

ing police (The Richmond Work-

ers Comimttee contends it merely

advocates self-defense) and de-

cided that the Committee would

be banned, in perpetuity, from

using the facilites of the school

district for any purpose. The

"Richmond Workers Committee

showed the film at a meeting

in the public library and then

applied for use of school facili-

ties for a regular membership

meeting. True to their word, the

Richmond School Board refused

to let the Richmond Workers

Committee use the school facili-

ties for their membership meet-

ing.

Staff counsel Paul Halvonik

then brought federal suit on be-

half of the Committee and Feder-

al District Court Judge Albert

C, Wollenberg issued a tempo-

rary restraining order requiring

the school board to permit the

Richmond Workers Committee

to hold their meeting. The meet-

ing was held and, at a subse-

quent hearing, Federal District

Judge Lloyd Burke informed

counsel for the school board that

they could not make the Rich-

mond Workers Committee an

"outlaw" organization-it must

be treated like any other organ-

ization seeking use of public fa-

cilities for the holding of meet-

ings.

Judge Burke declined to issue

a permanent injunction against

the school board activities but

kept the case in abeyance for

further relief if it should become

necessary.

Late Maturing Cc. O. Claim

U. S. Supreme

Court to Hear

Ehlert Case

The United States Supreme Court has granted ACLUNC's

petition for review on behalf of William Ward Ehlert; the

case will be argued before the highest court in the Fall.

Ehlert was convicted for failing to submit to induction

into the Armed Forces. His defense at trial was that his local

draft board has improperly re-

fused to consider his application

for conscientious objector stat-

us, an application he made after

receiving his order to report for

induction, The Federal District

Court held that the Selective

Service regulations precluded

draft board review of Ehlert's

"late maturing" claim, and a

three-judge panel of the United

States Court of Appeals reversed

Ehlert's conviction, interpreting

the relevant regulations to per-

mit a draft board to consider a

conscientious objector claim af-

ter the registrant's receipt of an

order to report! for induction.

The three--judge panel, however,

was overruled when the case was

reheard by all thirteen judges of

the United States Court of Ap-

peals for the Ninth Circuit. The

Ninth Circuit, en bane, ruled, 8

to 5, that the conviction should

be affirmed.

The Selective Service Regula-

tion in issue in the Ehlert case

provides that a local board may

reopen' a registrant's classifica-

tion following the mailing of an

induction order when the board

finds `"`that. there has been a

change in the registrant's status

resulting from circumstances

over which the registrant had no:

control." The majority of the

Ninth Circuit held that the ma-

turation of a conscientious ob-

jector claim after mailing of an

order to report for induction is

not a "circumstance" over which

a registrant can exercise no con-

trol. "Presumptively," the Court

held, "every human is a rational

being, having a free will and in

complete charge of his own think-

ing." The ACLUNC petition to

the U.S. Supreme Court contend-

ed that the majority had misap-

prehended the nature of a claim

Sitting on a Public Lawn

State High Court to Review

Carmel's 'Anti-Hi

ppie' Law

The Supreme Court of California has agreed to consider

the case of Ann Kessinger Parr, a Carmel merchant, who

has asked the Court to prohibit the Monterey Municipal

Court from trying her for the bizarre offense of sitting on a

public lawn. The Supreme Court, by granting the petition

for hearing, vacated an opinion

of the State Court of Appeal

holding the law constitutional.

Sitting on a public lawn in

Carmel has been a misdemeanor

since July of 1968, Sitting on a

lawn as well as climbing a tree

is a crime in Carmel because, ac-

cording to a "Declaration of Ur-

gency" that accompanied the en-

actment of the law:

"The City Council of Carmel-

by-the-Sea has observed an ex-

traordinary influx of undesirable

and unsanitary visitors to the

City, sometimes known as "hip-

pies,' and finds that unless prop-

er regulations are adopted im-

mediately the use and `enjoy-

ment of public property will be

jeopardized if not entirely elim-

inated; the public parks and

beaches are, in many cases, ren-

dered unfit for normal public

use by the unregulated and un-

controlled conduct of the new

transients."

First Arrest

Mrs, Parr was the first person

to be arrested under the ordi-

nance; she was arrested while

attending a public assembly in

Carmel's Devendorf Plaza called

for the purpose of protesting

the ordinance. The circumstance

of her arrest provides the basis

for one of the grounds of chal-

lenge to the ordinance. The peti-

tion to the Supreme Court, pre-

pared by staff counsel Paul Hal-

vonik and volunteer attorney

Herbert Schwartz of Carmel, con-

tends that the prohibition against

lawn-sitting is an unconstitution-

and unreasonable infringement

on the right of peaceable assem-

bly, Public parks are a tradition-

al forum for public assembly but

few people will attend public as-

semblies if they cannot sit down.

Moreover, it is extremely diffi-

cult to see and hear a public

speaker when the entire audi-

ence is standing.

Discriminatory

ACLUNC is also challenging

`the Carmel ordinance as blatant-

ly discriminatory: the declara-

tion of urgency demonstrates

that it is directed to an "unde-

sirable" class, It is hard to be-

lieve that everyone who sits on

- a public lawn in Carmel will be

arrested, the declaration lets the

police know who the real "of-

fenders" are.

The Parr case will be argued

before the Supreme Court some-

time this summer.

eK

of conscience and relied on

Judge Merrill's dissenting opin-

ion which sharply exposed the

critical fallacy in the majority's

reasoning:

"One simply cannot order his

conscience be still or make him-

self believe what he does not

believe . . . Conscientious objec-

tion, in truth, is a contradiction

of control. Just as a conviction

honestly dictated by the consci-

ence cannot be banished by the

will of the holder, so, conversely,

a belief conveniently subject to

the contro] of the holder is not

conscientiously entertained."

The Ehlert petition for certio-

rari also pointed out that the

Ninth Circuit rule created a `"`no

man's land for conscience which

asserts itself unpropitiously."

Under the Ninth Circuit rule a

conscientious objector that ma-

tures before mailing an induc-

tion order is entitled to recogni-

tion and under Army regulations

a conscientious objector which

matures after induction must be

considered, but Ehlert's claim

was deemed both tardy and pre-

mature, Such a no man's land,

the petition contended, was nev-

intended by Congress and

presents an invidious discrimina-

tion inconsistent with the due

process clause of the Fifth

Amendment.

The Ehlert petition was pre-

pared by staff counsel Paul Hal-

vonik with the assistance of as-

sistant staff counsel Charles

Marson, San Francisco attorney

Stanley J. Friedman and Oak-

land attorney Neil Horton, Mr.

Friedman has assumed primary

responsibility for preparing the

brief on Ehlert's behalf and Hal-

vonik will argue the case,

Literacy In

English Not

Required To Vote

The California Supreme Court

has ruled unanimously that an

estimated 100,000 American citi-

zens literate in Spanish can-

not be barred from registering

to vote in State elections.

The March 24 decision came as

the result of a suit brought by

California Rural Legal Assist-

ance and the ACLU of Southern

California on behalf of two na-

tive-born citizens, Mrs. Genoveva

Castro and Jesus E. Parra,

Equal Protection

The court held that the state

Constitution's requirement that

all voters be literate in English

violated the Equal Protection

Clause of the Fourteenth Amend-

ment. Had the requirement been

permitted to stand, Justice Ray-

mond L. Peters wrote, "It would

indeed be ironic that petitioners,

who are the heirs of a great and

gracious culture identified with

the birth of California and con-

tributing in no small measure to

its growth, should be disfran-

chised in their ancestral land,

despite their capacity to cast an

informed vote."

No Separate Ballots

The court's opinion declined

to order the printing of ballots

both in English and Spanish,

however, contending, "It reason-_

ably may be assumed that newly

enfranchised voters who are lit-

earte in Spanish can prepare

themselves to vote through ad-

vance study of sample ballots..."

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Sacramento Report

Elections

_ Influence

Legislators

The legislative process was characterized in the last two

months by the rapidly increasing partisanship caused by up-

coming elections and continuing change in its structure. For

once it was the Assembly that endured a leadership battle.

Jess Unruh, Democratic leader for many years, resigned that

post to dedicate himself to gu-

bornatorial activities. For days

the Assembly Democrats could

not summon a majority for any

one man to represent them: they

were split three ways between Joe

Gonsalves, the moderate . candi-

date, Willie Brown, Jr, of San

Francisco, and Robert Crown of

Alameda. When this deadlock

appeared unbreakable, John Mil-

ler of Berkeley, one of the few

blacks in the Assembly emerged

as a compromise candidate. Gain-

ing all 14 of Brown's votes and

6 of Crown's 7, Miller summoned

a majority and now has replaced

Unruh as the Democrats' floor

leader.

This did not deter the Legisla-

ture from considering several

good ills and several bad ones

having to do with civil liberties.

The result was approximately a

draw. :

Busing

Perhaps the biggest and the

most dramatic confrontation was

over the busing of students to

achieve integration, Last session

Floyd Wakefield (R-Southgate)

was all alone in carrying a bill

to outlaw busing for the purposes

integration, ACLU joined nearly

30 other organizations in achiev-

ing its defeat in a subcommittee

of the Assembly Education Com-

mittee, This year the political

dynamic was different. The bill

was a constitutional amend-

ment, requiring a two-thirds vote

and approval by the voters (and

potentially embarassing or diffi-

cuit positions demanded of Dem-

ocratic candidates), and 47 of the

80 Assemblymen were authors.

In that same subcommittee

ACLU was joined this year only

by the lame duck Attorney Gen-

eral's office and the San Francis-

co Schools. The measure is As-

sembly Constitutional Amend-

ment 41, which in its original

form prohibited the ``transporta-

tion" of pupils to achieve racial

or ethnic balance without the

written consent of their parents.

In a subcommittee later de-

neunced by some Republicans as

"stacked," the measure was de-

feated, This time, however, a mo-

tion was made in the full com-

mittee to override the recom-

mendation of the subcommittee

and to hear the matter:in the

full committee itself. On a strict

party line vote, the necessary 9

votes were secured, The measure

was also amended to delete any

reference to purpose (a half-

hearted attempt to make the

measure appear constitutional)

so that it now prohibits the

transportation of any student for

any purpose without the consent

of his parents.

The administrative difficulties

inherent in the amendment -

constant permission for band

trips, football games, and the

like - generated violent opposi-

tion in practically every organi-

zation in the educational estab-

lishment, At the hearing before

the full committee most people

lost count of the educational or-

ganizations denouncing the meas-

ure as administratively impossi-

ble and politically hypocritical.

The proponents of the measure,

lacking a vote, postponed the

vote for one week. At the show-

down in the next week, a vote on

each side had changed and the

ACLU NEWS

Page 2

JUNE, 1970 _

Republican majority was unsure

that the measure would carry.

After almost an hour of haggling

over parliamentary procedure ~

while aides tried to fly in a very

reluctant missing member, the

vote was postponed again. When

finally taken, however, the meas-

ure was passed and now goes to

the Assembly's Committee on

Elections and Constitutional

Amendments. Similar warfare is

expected there.

The Death Penalty

For the thirteenth year in a

row, the Legislature has killed

in committee an attempt to ab-

olish the death penalty in Cali-

fornia, AB 20, by Assemblyman

Alan Sieroty, Beverly Hills (an

ACLU-Southern California board

member) received the traditional

lengthy and highly publicized

hearing, at which such notables

as Melvin Belli and George Slaff

(of the National ACLU Board) |

testified for abolition. But, as

usual, the Assembly Criminal

Procedure Committee killed the

bill on a straight party line di-

vision.

There igs serious pressure for

expansion of the death penalty

in this session, A bill not likely

to succeed iS one by Senator

Richardson of Arcadia which

would make the death penalty

mandatory for the first degree

murder of a policeman, This is

the same bill that was defeated

in the Criminal Procedure Com-

mittee last year, causing the

Senator to denounce the Commit-

tee and charge that the ACLU

had a seat on it. The Committee

is still unhappy with that re-

mark.

Much less sweeping but much

more likely to pass is AB 1003,

by W. Craig Biddle (R-River-

side), former chairman of the

Criminal Procedure Committee

and currently majority floor

leader in the Assembly. The bill

increases the penalty structure

for bombing offenses and pro-

vides that where the explosion of

-Continued on Page 4

Lobbying Legislators

Loyalty Oath

Banned in Local

Census Office

Recently, Richard Mullikin,

area supervisor of the Census

Bureau in San Francisco, de-

cided that David Bellak did not

have to subscribe to the loyalty

provisions of an oath required

of new Federal employees but

that he would have to swear that

he would not assert the right to

strike against the government

or join organizations that assert

the right to strike.

Mullikin agreed that the loyal-

ty provisions had been held un-

constitutional and that no ap-

peal had been taken by the Gov-

ernment. He reported, however,

that the Government had ap-

pealed an adverse ruling invali-

dating the oath with respect to

the right to strike. As a matter

of fact, the U.S. Supreme Court

announced on April 27 that it

would hear the appeal. This

means that the issue won't be

decided for nine months to a

year.

Mid-Pen. Seeks

Membership

involvement

The Midpeninsula Chapter is

seeking to enlarge membership

involvement in several areas.

A Court-Watching Committee

will send volunteer members to

sit in on court sessions to watch

for both civil liberties violations

and possible cases, The commit-

tee will also concern itself with

complaints against the police and

juvenile justice, Those who have

some daytime hours free are

needed for this committee,

Members of the City Council

Watching Committee will attend

meetings of city councils, plan-

ning commissions and other

standing committees in Palo

Alto, Mountain View, Los Altos,

Menlo Park, Atherton and

Woodside. Work on this commit-

tee requires mostly evening

hours.

A committee on discriminatory

employment practices will take

complaints and initiate investi-

gations into. the areas of wom-

en's rights, teachers, security

clearances and the Hatch Act.

The final committee is that

of Welfare and Poverty Program

Practices.

Both leadership and member-

ship are needed for these com-

mittees. Those interested should

contact Membership Chairman

Marlene Levenson at 327-3541 or

Hannah Winocur at 326-6475.

Members Invited To Spend

June 24 at the Capitol -

An all day educational-lobbying session in the State Cap-

itol for ACLU members has been set for Wednesday, June

24. The day will begin with car pools leaving each Chapter

area, to arrive in Sacramento at approximately 9 am. Upon

arrival, the group will be briefed by ACLUNC's legislative

representative, Charles Marson,

-and his ACLU of Southern Cali-

fornia counterpart, Coleman

Blease, on key bills to be heard

that day in committee.

The day's program includes at-

tendance at sessions of the As-

sembly and Senate, committee

hearings, a luncheon with legis-

lators, lobbying with individual

members of the Legislature, and

a late afternoon no-host cock-

"Sacramento Day

tail party attended by members

of key committees,

Total cost for the day will be

$4 a person, including the lunch

and a packet of informative ma-

terials, Reservations must be

made in advance, to arrive to-

gether with check or money or-

der before Friday, June 19. If

you are interested in forming a

ear pool, please contact your

chapter chairman. ~

" Reservation

To:'Carol Weintraub, Chapter Director

American Civil Liberties Union

503 Market Street

San Francisco, Ca. 94105

(Telephone 433-2750)

I will be attending the Civil Liberties Day in Sacramento, June

24, and enclose $4 to cover the cost, including lunch, Please send

me details and a packet of informative materials.

Rts ee Telephone number:

ddnCSS 2

Name of chapter (home) 3. (WOrK) 22

(if any) =. ee Clive == Zip

Candidates' Night

San Francisco Council

Meeting Sunday, June 14

A membership meeting will be held on Sunday evening,

June 14 at which candidates for the San Francisco ACLU

Council Board of Directors will be present in order that the

membership will be better able to vote on their election hal-

lots to be mailed June 15. The meeting will be held at 7:30

at the Family Service Agency,

1010 Gough, and all members in-

terested in building their Coun-

cil are urged to attend.

Filing Applications

There-are still opportunities

for filing applications for Di-

`rectorships for the S.F. Council;

details were given in the May

News, If you are interested,

please write your name and brief

listing of qualifications as re-

gards to civil liberties, plus a

a 50 word statement indicating

the aims, policies and activities

advocated for the S.F. Council,

to: Robert Clement, 2010 Valle-

jo, S.F.

Committee Service Invited

The Council has a number of

active committees engaged in

projects in civil liberties. Mem-

bers wishing to become active in

one or more committees should

contact the person listed below:

1.-Secretarial Committee-

Jenny Falloon, 776-1614. Needs

persons with typewriters with

free time day or evening, also

envelope stuffers.

2-Finance and Membership

Committee-Wesley Smith, 285-

6088 (home), 989-5077 (work).

Recruits new members and gets

them active, plans fund raising

events, meeting arrangements,

3-Public Relations and Com-

munications Committee- Don

Buckter, 664-9354, Assists com-

mittees with publicity; speaker's

bureau, library displays, etc.

4-Police and Law Enforce-

ment Committee-Richard Mc-

Carty, 585-5221. Investigates po-

lice practices, provides observers

at public demonstrations, devel-

ops means for improving police

relations and court practices.

5-Government, Politics, and

Legislation Committee-Charles

Cravens, 824-0573 (home), 841-

0129, Ext, 286 (work), Maintains

check on legislation, governmen-

tal actions, records of officials

and candidates, S.F. Board of

Supervisors.

6-Public Educational Systems

Committee-Roseanne Donner,

771-2610. Investigate complaints

and promote positive school pro-

grams concerning civil liberties

and academic freedom; provide

speakers to the schools, develop

liaison between teachers and stu-

dent in each school.

%-Legal Committee-Sarge

Holtzman, 776-9392, Liaison with

volunteer attorneys, advice and

research to Council committees.

8-Committee on Information

and Referral Services-N e eds

chairman, Develops resource list

for giving information to the

public on civil liberties prob-

lems.

9-Committee on Civil Liber-

ties and Organizations-Ron Sip-

herd, 776-2324 (home), 567-5000,

Ext. 2147. Investigate and take

action to minimize organization-

al constraints on civil liberties

of employees, union members,

tenants, clients, social agencies,

audience or* news media,

Protest Brutal Z

Police Action |

In Santa Cruz

In a letter to Santa Cruz Police

Chief Geno Pini signed by Stan-

ley D. Stevens, ACLU branch and

Santa Cruz Chapter board mem-

ber, the Chapter last month pro-

tested the over-reaction of police ~

to acts of civil disobedience en-

gaged in by student demonstra-

tors on May 20 who sought to pre-

vent two Peerless buses from

leaving the County Governmental

Center and Courts Building to de-

liver a group of draftees to the

Oakland Army Induction Center.

Clubs Swinging

According to Stevens, ``About

50 police officers from both City

and County in full riot uniform

attempted to break a pathway

-Continued on Page 3

Ralph B, Atkinson

Albert M. Bendich

`Prof. John Edwards

Jerome B. Falk, Jr.

Robert Greensfelder

Rey. Aron S. Gilmartin

Evelio Grillo

Michael B. Harris

Francis Heisler

Neil F. Horton

Clifton R. Jeffers

Honorary Treasurer:

Joseph S. Thompson

Honorary Board Member:

Sara Bard Field

Mrs. Gladys Brown

Mrs. Paul Couture

Mes. Margaret C. Hayes

Prof. Carlo Lastrucci

John J. Eagan

Joseph Eichler

Dr. H. H. Fisher

Board of Directors of the American Civil Liberties Union

of Northern California

CHAIRMAN: Howard H. Jewel

VICE-CHAIRMAN: Prof. Van D. Kennedy

Helen Salz

SEC`Y-TREAS.: Howard A. Friedman

EXECUTIVE DIRECTOR: Ernest Besig

Anthony G. Amsterdam Bern Jacobson

Daniel N. Loeb

Ephraim Margolin

Dr. John N. Marquis

John R. May

Richard L. Mayers

Martin Mills, M.D.

Regino Montes

Prof, Robert M. O'Neil

Mrs. Esther Pike

Engene N. Rosenberg

Mrs. Muriel Roy -

GENERAL COUNSEL: Wayne M. Collins

STAFF COUNSEL: Paul N. Halvonik

ASS`T STAFF COUNSEL and LEGIS. REP.: Charles C. Marson

ADMINISTRATIVE ASSISTANT: Mrs. Pamela S. Ford :

CHAPTER DIRECTOR: Carol R. Weintraub

Committee of Sponsors

Mrs. Paul Holmer

Mrs. Mary Hutchinson Prof. Wallace Stegner

Prof. Wilson Record

Prof. Ernest Hilgard Dr. Norman Reider

Prof, John Searle

Warren H. Saltzman

Prof. H. K. Schachman

Mrs. Alee Skolnick

Stanley D. Stevens

Michael Traynor

Justin Vanderlaan

Don Vial

Richard J. Werthimer

Joe J. Yasaki

Dr. Marvin J. Naman

Mrs. Theodosia Stewart

Re. Rev. Sumner Walters

Richard Johnston -

Roger Kent

Mrs. Ruth Kingman

Prof. Theodore Kreps

_ Seaton W. Manning

Rey. Robert W. Moon

Clarence E. Rust

Prof. Hubert Phillips

Norman Lezin

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

Subcription Rates - Two Dollars and -Fifty Cents a Year

Twenty-Five Cents Per Copy

151

Fed. Court of Appeals

Challenge U. C.

Discipline

Of Dan Siegel -

Dan Siegel, a student at Boalt Hall Law School, was elect-

ed president of the Associated Students of the University of

California last spring. He was to have become president of

the Berkeley campus last fall. Before he assumed his duties,

however, University discipline was imposed upon him which

prohibited him from participating

in student activities including

serving as student body president.

People's Park Issue

The discipline was predicated

upon an event that occurred on

May 15, 1969. On that date, Siegel,

together with a number of other

speakers, addressed a massive

student rally at the University in

protest of the University's action

in placing a fence around Univer-

sity property that had been con-

verted into a ``People's Park'' by

students and Telegraph Avenue

"`street people.'' In the course of

his remarks to the gathering Sie-

gel made the following statement:

"go down there and take the

park.'' After the rally there was

a confrontation between students

and law enforcement officials

with the result that the National

Guard was called into Berkeley.

"Inciting a Riot''

The Alameda District Attorney

charged Siegel with "`inciting a

riot"? and the University imposed

its discipline on the ground that

Siegel, by making the speech, had

violated certain University rules

such as the one prohibiting ``con-

duct which adversely affects the

students suitability as a member

of the academic community."

Vague Regulations

Siegel was acquitted of the in-

citement to riot charge and

brought suit in the federal dis-

trict court challenging the consti-

tutionality of the University ac-

tion, contending, among other

things, that the regulations under

which he was disciplined (e.g.,

"conduct unsuitable for the aca-

demic community') were too

broad and vague to serve as

standards for punishing an al-

-leged ``incitement.'' ACLUNC sup-

ported Siegel in the District Court

on his challenge to the vagueness

_and the overbreadth of the U.C.

. regulation. Federal District Judge

ACLUN_1946 ACLUN_1946.MODS ACLUN_1947 ACLUN_1947.MODS ACLUN_1948 ACLUN_1948.MODS ACLUN_1949 ACLUN_1949.MODS ACLUN_1950 ACLUN_1950.MODS ACLUN_1951 ACLUN_1951.MODS ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1968.batch ACLUN_1969 ACLUN_1969.MODS ACLUN_1969.batch ACLUN_1970 ACLUN_1970.MODS ACLUN_1970.batch 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 William T. Sweigert, however, de-

nied Siegel relief ruling that his

speech was a "`verbal act'' unpro-

tected by the First Amendment.

Friend of Court Brief

Siegel's attorney, Doris Walker

of Oakland, has appealed Judge

Sweigert's ruling to the United

States Court of Appeals and

ACLUNC staff counsel Paul Hal-

vonik has filed a friend-of-the-

court brief urging reversal of the

District Court ruling.

"The remark of plaintiff Siegel

which the University found most

offensive was his statement, `go

down there and take the park,' "'

Halvonik notes in the brief. ``In- |

disputably Siegel's remark was

the expression of an idea that is

protected by the Constitution. Had

the remark been made in the

classroom during a discussion of

the merits of direct action the

District Court unquestionably

would enjoin any university action

punishing Siegel for the utterance.

The remark, however, was not

made during a theoretical discus-

sion in the classroom but to a

student rally and, the University

contends, it thus lost its constitu-

tional protection. Perhaps the

University is correct and then

again perhaps it is not. Whether

the speech lost its protection is a

factual question to be resolved ac-

cording to a proper standard and

the problem here is that the Uni-

versity has not given Siegel a

hearing where the fact-finding

body was guided by the proper

constitutional standard. Under the

University's vague rule Siegel

was punished for a speech that

even under the circumstances

may have been constitutionally

protected."

Changing Speech Into Conduct

ACLUNC takes the position

that the court may not through

some alchemy turn speech into

"conduct.'' All political speech is

constitutionally protected and

cannot be defined out of the First

Amendment. Speech can lose its

protected status when it is uttered

with the intent to incite a riot un-

der circumstances that present a

clear, present and immediate dan-

ger of a riot. The University's

regulations, however, did not di-

rect that disciplinary fact finding

body's attention to that standard

and did not inform that body that

Siegel's speech was constitution-

ally protected unless it occurred

in clear and present danger con-

ditions. That a fact finding body

need not necessarily conclude that

Siegel's speech was not constitu-

tionally protected was demon-

strated by Siegel's acquittal on

the incitement to riot charges.

"Operation Keelhaul0x2122

oe

Case Against

Alex Hoffman

Dismissed

Berkeley attorney Alexander

Hoffman who was charged with

disturbing the peace, unlawful

assembly and blocking a street

when he made himself available

for consultation with non-violent

demonstrators in front of the Oak-

land Induction Center in 1967 will

not have to go to trial. The Ala-

meda County District Attorney's

office has decided not to press

charges and the case has been

dismissed by Oakland Municipal

Court Judge Malcolm Champlin.

ACLUNC had _ unsuccessfully

sought a writ of prohibition from

the appellate courts of California

prohibiting the trial on the

ground, among others, that the

charges against Hoffman inter-

fered with the Sixth Amendment

right of demonstrators to consult

with an attorney. After the writs

were denied volunteer attorney

(and ACLUNC board member)

Albert M. Bendich successfully

negotiated the dismissal for Hoff-

man.

June 14 Pancake

Breakfast

In Stockton

. The Stockton Chapter will

hold its annual pancake break-

fast on Sunday, June 14. The al-

ways enjoyable event will be

held from 9 a.m, to 1 p.m. at

1821 Princeton Avenue in Stock-

ton. The cost is $1 a person,

and members and their friends

are cordially invited.

Governmental Secrecy

Attacked in High Court

Shortly after World War II the United State participated

in the "forcible repatriation" of emigrant Soviet citizens,

huge numbers of whom were subsequently imprisoned or

killed, as part of a plan called "Operation Keelhaul". The

operation was top secret then and still is today.

Julius Epstein, a historian and

research associate at Stanford's

Hoover Institution on War, Revo-

lution and Peace, specializing in

war refugees is writing a book on

forced repatriation of anti-com-

munist Russians after World War

II. He has been trying since 1954

to see the Army's file on Opera-

tion Keelhaul.

Freedom of Information Act

Prior to 1967 Epstein's access

to the file was indisputably up

to Army discretion because the

law did not require disclosure ``of

information held confidential for

good cause found"' or matters re-

lating to ``any function of the

United States requiring secrecy in

the public interest'' and there was

no provision for judicial review

of any agency's decision that

`good cause' existed. But in 1967

Congress enacted the Freedom of

Information Act establishing the

public's right to know informa-

tion in government files with the

burden of justifying secrecy, in

court, on the agency enforcing se-

crecy.

"Capricious" Action

Epstein brought suit under the

Act, claiming that the only reason

for hiding a file dormant for more

than two decades is that it might

embarass the Army-hardly suf-

ficient justification for its top se-

cret classification. The District

Court disagreed and granted sum-

mary judgment for the Army,

holding that unless the Army had

acted ``capriciously'' in its classi:

fication, the Court had no juris-

diction to review the matter. Ep-

stein appealed, and ACLUNC in-

tervened as amicus curiae on his

behalf in the United States Court

of Appeals. The Court of Appeals

affirmed the District Court judge-

ment and Epstein has now asked

the United States Supreme Court.

to review the decision. ACLUNC

has filed a brief in support of Ep-

Stein's petition in the Supreme

Court.

Purpose of Act

The brief, prepared by volun-

teer attorney Michael Traynor of

San Francisco (who also repre-

sented ACLUNC before the Court

of Appeals), Donatas Januta of

San Francisco and Professor Pre-

ble Stolz of Boalt Hall School of

Law, argues that the whole pur-

pose of the act was to require the

District Court to make an inde-

pendent review of the justification

for secrecy, and that the Army

totally failed in the District Court

to discharge its burden of show-

ing that it's ``top secret'' classifi-

cation of the Operation Keelhaul

file is merited.

Investigate

ACLU Charges

In San Jose

Charges that police officers in

civilian dress attacked San Jose.

State College students and faculty

members during a demonstration

on May 4 will be investigated by

a special departmental board,

Chief Ray Blackmore has an-

nounced.

Blackmore told the San Jose

City Council he has appointed

several of his top-ranking officers

to look into the allegations made

by the Santa Clara Valley Chap-

ter of ACLUNC.

The ACLU Chapter, which is

representing students and profes-

sors, has offered affidavits from

50 persons who charge the plain-

clothes officers beat participants

in campus anti-war demonstra-

tions.

Freedom To Read

State High Court

Hears Prisoner |

Rights Case

In 1968 Assemblyman Alan Sieroty (D-Beverly Hills) in-

troduced a bill providing inmates of California prisons with

the right to receive and read books, newspapers and peri-

odicals. The bill, sponsored by the Friends Committee on

Legislation and vigorously supported by ACLU, passed

the Legislature and was signed

into law. As finally enacted, the 7

bill amended Penal Code section

2600 to provide that inmates

have the right:

"To purchase, receive, and

read any or all newspapers, pe-

riodicals, and books accepted for

distribution by the United States

Post Office, Pursuant to the pro-

visions of this section, prison au-

thorities shall have the authority

to exclude obscene publications

or writings, and mai] containing

information concerning where,

how, or from whom such matter

may be obtained; and any mat-

ter of a character tending to

incite murder, arson, riot, violent

racism, or any other form of vi-

olence; and any matter concern.

ing gambling or a lottery."

Law Ignored

Although the 1968 law seems

unambiguous, prison authorities

have, for the most part, ignored .

its strictures, Folsom prison and

the Los Padres Conservation

Camp continue to prohibit pris-

oners from receiving fiction and

San Quentin has an index of pe-

riodicals and "disapproved"

books that inmates cannot buy.

The legality of the San Quen-

tin regulations was the subject

of argument before the Supreme

Court of California last month.

Howard Ingram, Jr., a San Quen-

tin inmate serving a five-to-life

term for selling marijuana, has

asked the State's highest court

to protect his right to receive

and read literature protected by

the First Amendment to the

United States Constitution and

Penal Code section 2600, Ingram

wishes to subscribe to two mag-

azines, The Realist and .Avant

Garde, that are on the San

Quentin Index (the Index also

includes magazines ranging from

The Black Scholar and Tan

through the Whole Earth Cata-

log). Additionally, Ingram has

been prohibited from receiving

scholarly works on marijuana,

Protest Brutal

Police Action -

Continued from Page 2 -

through a couple hundred demon-_

strators so that the buses could

leave. Their technique to make

the pathway - wading into the

crowd swinging and poking with

their billy clubs, striking unarmed

non-violent persons, pushing and

shoving...

One Missile Thrown

_ "The mass of students were

quite peaceful until the ``Tac"

squads were ordered to move in.

Once provoked the protesters be-

came incensed and started shout-

ing in harassment. Only one mis-

sile was thrown, and immediately

fellow students verbally attacked

the thrower and demanded that

no rocks be thrown. No more

were thrown. - 5

One Serious Injury

"One Cabrillo College student

lies in the hospital with a crushed

head, broken rib, and internal in-

juries, clubbed with a billy club

by a Santa Cruz County deputy

sheriff. Six or seven UCSC stu-

dents required medical attention

for head and other injuries."'

No Arrests

Stevens' letter did not support

the acts of civil disobedience.

Such demonstrators, he suggest-

ed, must be prepared to accept

the consequences of their acts. In

this situation, however, no arrests

were made and the police meted

out punishment.

" ace

`

narcotics and drugs, The maga-

zines and books have been dis-

approved by San Quentin author-

ities on the grounds that they

"obscene" and "advocate

crime or teach the technique of

crime." e :

Pro And Con Arguments

Arguing in favor of the prison

regulations, Deputy State Attor-

ney General George Nock told

the court that the authorities

might properly exclude matter

that "advocates" or "teaches"

crime aS a means of rehabilita-

tion, Staff counsel Paul Halvo-

nik, representing Ingram, urged

that the Legislature specifically

adopted "incitement language" -

rather than "advocacy" or `"`teach-

ing" language because prohibit-

ing literature that `advocates'

or "teaches" crime leads to pat-

ent absurdities, For example,

Huckleberry Finn may fairly be

said to `advocate a felony"; the

Warren Commission's report on

the assassination of President

Kennedy details the technique of

a most revolting crime, "The -

facts of the instant case," Hal-

vonik noted "vividly illustrate

the legislative wisdom in pre-

cisely restricting the powers of

censorship of content." The de-

nial of Ingram's request to read

literature on marijuana was. dis-

approved because it "advocated

and taught felonious use of

narcotics" although the prison

authorities had never read the

books, "It is doubtful," Halvonik

contended, "that any body of lit- -

erature on the `technique' of

marijuana use exists, the pro-

cess being not at all mysterious.

Books `advocating' marijuana

and drug use are apparently any-

thing other than the `beware the

killer weed' monographs fash-

ionable some thirty years ago.

All scholarly study of marijuana, (c)

narcotics and drugs are beyond

the pale; universally discredited

pamphlets grounded in ignorance

are the only ones that meet the

prison requirements, This is the

very sort of nonsense that sec-

tion 2600 seeks to eliminate!"

Obscenity

As to the exclusion of maga-

zines because they are allegedly

"obscene," ACLUNC contends

that only a court, and not prison

authorities, may determine

whether matter is obscene and

that, in any event, all issues of

a periodical may not be banned

because one issue is deemed "`ob-

scene" by someone.

Suspending Right To Read

The Ingram case, in addition

to challenging censorship in the ~

prisons, also challenges the pris-

on policy of suspending the right

to read unless a prisoner has

ninety days of "clear conduct."

Nock argued that by suspending

the "privilege" of reading, in-

mates would learn to `obey the

rules" and would sooner be "re-

habilitated." Halvonik, n oting

that the Legislature has provid-

ed prisoners with the "right,"

not "privilege," to read, respond-

ed that `"`the virtues of rule-obey-

ing might better be taught by ex-

ample; flagrant violations of Pen-

al Code sections by prison au-

thorities are hardly likely to en-

gender respect for the rule of

law."

The Supreme Court has taken

the Ingram case under submis-

sion for decision, a decision that

is expected shortly,

ACLU NEWS -

JUNE, 1970

Page 3

Elections

Influence

Legislators

Continued from Page 1- a bomb results in mayhem (a

statutorily defined offense in-

volving the loss of a limb, an eye

or the like), the penalty is op-

tional life imprisonment or

death. The bill has passed the

Assembly over the objection of

ACLU and others and is now in

the Senate, It will probably be-

come law.

Loyalty

One last effort to react to An-

gela Davis is still pending: Sen-

ate Constitutional Amendment

11 by Senator Coombs (R-

Rialto), It provides that no per-

son who advocates the overthrow

of the government, etc., under

circumstances -posing the likeli-

hood that people will act on that

advocacy, shall hold any position

with the University of California.

Fortunately, as a constitutional

amendment it requires a two-

thirds vote on each floor. By a

narrow margin it has obtained

that vote in the Senate and now

goes to the Assembly, All other

loyalty measures described in

previous columns still appear to

be dead.

Sex

As American troops expand

throughout Southeast Asia, stu-

dents die from military gunfire

on the campus, and previously

moderate blacks for justifiable

reasons arm themselves to the

teeth, the California Legislature

once again seems unwilling to

summon the courage to permit

consenting adults to behave sex-

ually with each other in private

however they wish. AB 701, by

Willie Brown, Jr. (D-San Fran-

cisco), which would have elimi-

nated California's barbaric

fifteen year maximum penalty

for oral copulation and similar

common practices, has been de-

feated in the Assembly Criminal

Procedure Committee largely be-

cause a poll of Assembly mem-

bers disclosed that less than 30

of the 80 members had the cour-

age to vote for it in this election

year.

Marijuana

What promises to be an an-

nual effort to reduce a first of-

fense possession of marijuana to

a misdemeanor has, predictably,

been defeated. A measure by

Alan Sieorty was killed in the

Assembly Criminal Procedure

Committee, and it was quite

clear to all its supporters (in-

cluding the ACLU) that it would

have been killed anywhere else

it would have been taken. The

maximum the committee was

willing to do was to approve leg-

islation deleting the requirement

that marijuana offenders regis-

ter with local police as narcotics

offenders. Whether even this

will pass the Legislature is

doubtful; the Governor, in any

case, would probably veto it, The.

fact of the election year is the

most important influence on this

result, but progress is still prob-

lematical next year.

The Right of Assembly

Two months ago this column

reported the defeat of AB 148,

by Eugene Chappie (R-Cool),

which would permit local agen-

cies to condition permits for

rock festivals and similar gather-

ings on a five million dollar

bond and a promise to repay all

the costs of preserving the local

health and welfare-a proposal

which ACLU claimed totally sup-

pressed the right of assembly.

A second bill aimed at rock fes-

tivals is dead, and a third in

only fair health,

AB 705, by Robert Wood (R-

Monterey), would have attached

ACLU NEWS

JUNE, 1970

Page 4

felony penalties to any violation

of a local permit ordinance con-

cerning rock festivals. Present

punishment is up to six months

and $500. The Criminal Pro-

cedure Committee was unper-

suaded that the extra deterrent

effect was necessary.

Senate Bill 54, by Donald

Grunsky (R-Watsonville), is sim-

illar to AB 148 but worse: there

is no ceiling on the bond that

can be demanded, and for very

vague reasons any property

owner leasing property for a

rock festival can be held strictly

liable for all costs and damages

that result. The bill has passed

the Senate and has been heard

once in the Assembly's Local

Government Committee. The

committee indicated that the bill

needed considerable work before

it could pass. Whether it will

eventually pass is still unknown.

Miscellaneous

ACLU objections in the As-

sembly Judiciary Committee

have resulted in the death of a

bill to give district attorneys

power to summon potential wit-

nesses to their office for sworn

testimony and to punish refusal

by contempt of court. AB 1260,

by E. Richard (Captain) Barnes

(R-San Diego), would have ex-

`panded the definition of the

American flag-which State law

forbids anyone from defacing,

defiling, mutilating, etc. - to

reach any version, part or por-

tion of the stars and stripes that

would suggest to the ordinary

viewer, without deliberation, the

American flag. In its wisdom the

Assembly Committee on Govern-

ment Administration has killed

the bill. `

Assemblyman Don Mulford of

Berkeley, no friend of civil lib-

erties, is having difficulty pass-

ing his repressive measures.

Early in March he introduced

one bill which would obstensibly

have accomplished only a slight

change in the wording of an ob-

scure section of the Vehicle

Code, so that non-resident pedes-

trians and those without a relia-

ble in-state address could be

booked and jailed for Vehicle

Code violations rather than given

citations. Assemblyman Mulford

granted an interview to the

Oakland Tribune in which he

claimed the bill was the first in

his anti-hippie campaign and

would actually serve as a vehicle

to permit the police to arrest,

search and jail the street people

of Telegraph Avenue for such vio-

lations as jay-walking and walk-

ing against the light. He at-

tempted to persuade the Assem-

bly Criminal Procedure Commit-

tee that his purpose was more

benign. The author of this article

then read portions of the Oak-

land Tribune interview to the

committee, which killed the bill

while Mulford walked out of the

room. In March Mr. Mulford

tried to persuade the same com-

mittee to increase the penalty

for inciting to riot from a mis-

demeanor to a felony, but was

again unsuccessful,

On the bright side, ACLU

originally opposed a bill (AB 621

by John Stull of San Diego)

which would have required the

awarding of attorneys' fees and

costs to the winning side in a

civil proceeding between an in-

dividual and an agency of the

State. The bill has been amend-

ed to make only the State agency

liable for such costs.

The coming month will be con-

cerned with the Angela Davis

problem, preventive detention,

abortion, and a host of other

civil liberties problems-Charles

C. Marson, Assistant Staff Coun-

sel and Legislative Representa-

tive,

_ preme

Midpeninsula

Holds Benefit

Theatre Party

The Midpeninsula Chapter

will hold a benefit theater

party. Members or friends of

ACLU may purchase tickets

for any four performances of

"Ceremonies In Dark Old

Men" by Lonne Elder, ItI,

performed by the Negro En-

semble of New York at Span-

genberg Auditorium, 780 Ara-

stradero Road, Palo Alto, Per-

formances are at 6 p.m. and

10:00 p.m. Saturday, June 6

and at 2:30 and 7:30 p.m, Sun-

day, June 7. Tickets are $5.00

and $4.00, students, $3.00. For

ACLU benefit tickets, send a

check or money order pay-

able to ACLU, and a stamped,

self-addressed envelone to Ju-

dith Burgess, 3395 Stockton

Place, Palo Alto, Calif, 94303.

Please state first and second

choice of performance,

What Are the

ACLUNC

Chapters?

Chapters are community

oriented membership units char-

tered by ACLUNC, Members re-

siding in an area covered by a

Chapter are automatically mem-

bers of that Chapter without pay-

ment of additional dues, and may

become active in the activities

of the Chapter if they so desire,

in the various projects, member-

ship recruitment, fund raising,

watchdogging, legal and educa-

tional activities,

Chapter Director Carol Wein-

traub feels that in order for a

Chapter to be viable, there needs

to be a membership base close

to 100, with a core group of at

least 20 willing to dedicate a

considerable portion of their

time and energy to civil liberties.

A newly formed provisional

Chapter is called a Council:

There are now 11 Chapters and

two councils in ACLUNC.

Conscription

Test Loses But

Besenti Wins

Last fall ACLUNC and national

ACLU entered the case of United

States v. John Besenti as a friend-

of-the-court urging that Besenti

be acquitted for failure to regis-

ter for the draft because the pres-

ent conscription system is uncon-

stitutional. Federal District Judge

Robert F. Peckham declined to

find conscription unconstitutional

but the decision will not be ap-

pealed because Besenti was ac-

quitted on another ground.

Following a recent U. S. Su-

Court decision, Judge

Peckham ruled that the govern-

ment was barred from trying Be-

senti because the statute of limi-

tations had run; the government

may only try a person for failure

to register if it does so before his

twenty-third birthday and the

government had not acted in time

in Besenti's case.

Seek Repeal of

Detention Act

A spokesman for the ACLU

last month urged repeal of the

1950 Emergency Detention Act.

Testifying before the House

Committee on Internal Security

Lawrence Speiser, Director of

_the ACLU's Washington Office,

warned that this Act gives the

Executive Branch of this govern-

ment "virtually unlimited powers

to round up dissidents and place

them in concentration camps for

unlimited periods of time-all

without any meaningful due

process." Mr. Speiser charged

that Title II is "unconstitutional

on its face, should never have

been passed, and is long over-

due for repeal."

Wearing A Uniform

Challenge

To Air Force

Regulation

The United States Court of Appeals has been asked to

reverse a decision of the Federal District Court holding con-

stitutional a general order issued in 1968 by then Secretary

of the Air Force Harold S. Brown. The order reads:

"Recent developments have established a need for clari-

fication of the circumstances in

which Air Force members are not

permitted to wear their uniform.

Accordingly, pursuant to para 1-

10d, AFM 35-10, June 1968, the

Secretary of the Air Force has

specified that Air Force members

will not wear the uniform at any-

public meeting, demonstration, or

interview if they have reason to

know that a purpose of the meet-

ing, demonstration, or interview

is the advocacy, expression, or

approval of opposition to the em-

ployment or use of the Armed

Forces of the United States.''

(emphasis added) x

Airman Michael Locks

The appeal involves one air-

man, Michael Locks, who was

court martialed for violating the

regulation and sentenced to a

year at hard labor and a group

of other airmen who asked to

have the order declared unconsti-

tutional on the ground that it in-

hibits their exercise of First

Amendment rights.

Federal District. Judge Alfonso

J. Zirpoli held the regulation con-

stitutional ruling that `exclusion

of the uniform from the activity

here proscribed is essential to the

preservation of the symbolic sig-

nificance of the uniform."'

Wrong Ideas

In the brief on appeal, staff

counsel Paul Halvonik contends

that Judge Zirpoli has erred. The

regulation, the brief notes, does

not prohibit the wearing of uni-

forms to any public meetings

where the employment of the

Armed Forces of the United

States is a topic of discussion but

rather prohibits the wearing of

the uniform to meetings where

persons will express the ``wrong"'

ideas. It is heretical meetings,

not all meetings, which are dis-

approved. -

In its 1943 decision holding un-

constitutional a requirement that

school children salute the flag the

United States Supreme Court

said: :

"Tf there is any fixed star in

our constitutional constellation

it is that no official, high `or

petty, can prescribe what shall

be orthodox in politics, nation-

alism, religion or other matters

of opinion or force citizens to

confess by word or act their

faith therein."

How About the Brass?

No official,

evidence of the

ACLUNC urges,

means no official. There certainly

is no exception for military offi-

cers because the founding fathers,

aware that a strong military force

was always a potential threat to

the liberities contained in the

Constitution, created a military

establishment that is supposed to

`be civilian controlled and _ politi-

cally neutral. Under present regu-

lations, United States Army Ma-

jor James N. Rowe, dressed in

uniform, and with the express en-

dorsement of General Westmore-

land, goes from media appear-

ance to meetings questioning .the

loyalty and patriotism of United

States Senators McGovern, Ful-

bright and Mansfield. The appel-

lants, on the other hand, may not

wear their uniforms to meetings

addressed by those same Sena-

tors. "There are nations,' the

brief notes, "in which this turn

of events would not be surprising,

but our nation, with its guarantee

of free expression, with its con-

comitant guarantee of no political

orthodoxies and with its civilian

control of the military, is not one

of them."

`Love Book'

To Court |

Of Appeal

The State Court of Appeal has

been asked to vacate the convic-

tions of three booksellers who

were found guilty of distributing

"obscenity"? for selling Lenore

Kandel's poem ``The Love Book."

The booksellers were convicted,

after a five-week trial, in May of

1967. Their convictions were af-

firmed in February of this year

by the appellate department of

the San Francisco Superior Court.

The petition for writ of habeas

corpus filed `on behalf of the book-

sellers by Paul Halvonik -con-

tends, among other points, that

the trial court erred in permitting

"Love Book's"

effect on children to be introduced

at the trial and in instructing the

jury that Miss Kandel's poem was

obscene if it lacked ``redeeming

social importance for the average

person.'' The Penal Code provides

that matter is obscene only if it

is utterly without redeeming so-

cial importance.

The first right of a citizen

Is the right

To be responsible

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