vol. 45, Special Registration Issue

Volume XLV

July 21, 1980

Special Been Issue

Any Age, Either Sex--You Can

Register Against the Dratt

Millions of Americans register their

opposition to the draft. That's what the

headlines will read when the Committee

Against Registration and the Draft

(CARD) starts counting up the returns

from its national postcard ad campaign

against draft registration.

CARD is a coalition of 50 national

organizations opposed to registration

and the draft. It is endorsed by the

ACLU and ACLU Washington lobbyist

David Landau is the national vice-chair

of CARD.

The CARD postcard ad inside this

issue of the ACLU News is appearing in

major newspapers around the country

and is being distributed nationwide

through a vast network of anti-draft,

civil liberties, student and parent

organizations during the 2-week

_ registration period.

The ad encourages everybody - of

ACLU Sues to Halt Registration

On June 26, the day after Congress

passed the new draft registration act,

the ACLU filed a federal lawsuit to stop

draft registration.

The lawsuit, filed in U.S. District

- Court in Washington, D.C. on behalf of

all men required to register under the

new law, seeks to have the law struck

down on sex-discrimination grounds.

"This lawsuit arises out of our general

opposition to draft registration," said

William Wolfe, 18-year old Low gh

School graduate, is one of the 16 plaintiffs in

the ACLU federal lawsuit challenging regis-

tration. :

national ACLU Executive Director Ira

Glasser. `"We think this lawsuit is now

the best way to stop draft registration

entirely."

Isabelle Katz Pinzler, counsel in the

suit and Director of ACLU's Women's

Rights Project, said, `"We believe that

under current rulings on sex-discrim-

ination by the U.S. Supreme Court,

`High School

- ACLU News,

draft registration for men only is uncon-

stitutional. .

`"`In order to exclude women," Pinzler .

explained, "`the government must show

that their exclusion is closely and

substantially -related to an important

government purpose. The government

cannot make such a. showing in this

case.'

"We contend," added Glasser, ``that

the law is clearly on our side in this case

and that the courts should invalidate

the registration act and send it back to

Congress.

""We also believe that if Congress

were faced with the choice between

including women and abandoning draft

registration, they would abandon draft

registration. That is our strategy, and

that is why we have brought this

lawsuit," he concluded. ;

William Wolfe, an 18 year old Lowell

graduate from San

Francisco, is one of the 16 named

plaintiffs in the ACLU suit.

Wolfe, who is planning to enter

Columbia University in the fall, told the

"I am opposed _ to

registration because I feel it is the first

step to the draft. I think the draft is an

unfair infringement on my - and other

people's - personal liberty."'

Wolfe said he joined the suit because,

"I wanted to do something to stop draft

registration and I saw this as a very

concrete way to get involved."

Pinzler told the ACLU News of a

separate lawsuit challenging draft

registration which will have significant

continued on page 4

any age, male or female - to send in a

postcard to the CARD national office

registering against the draft.

CARD will use the stacks of post-

cards to publicize the massive op-

position to draft registration.

The postcard ad is actually the

brainchild of San Francisco anti-draft

activist Judy Newman. Newman, who

has two teenage sons "`who are about to

become draft age,"' is a member of San

Francisco Parents and Friends Against

the Draft.

Newman told the ACLU News that

she thought of the postcard ad cam-

paign when she heard Carter announce

his proposals for renewing draft

registration and began `thinking about

what kind of legal things I could do to

stop the draft."'

"Lhave been getting regular mailings

from CARD - and it was the name of

the coalition that triggered me into

thinking of a postcard registration

against the draft."

"T realize that we have to build a

massive public campaign and sending

in a postcard against the draft seemed a

real easy, real legal way to mobilize the

widespread anti-draft sentiment.

"My yardstick was thinking of things

my mother and father - who are not

too politically active but who are op-

posed to draft registration - co

-and could do.

"I think they, and millions of other

Americans, will join this national

protest against draft registration,"

Newman added.

CARD is also preparing other plans

to fight the registration. They are

planning demonstrations against the

draft at the Democratic and Republican

National conventions, as well as massive

peaceful protests at post offices around

the country during the two weeks of

registration.

The coalition is producing an in-

formational brochure ``The Selective

Service and You'"' and stickers for the

official registration cards saying "I am

registering under protest."

Michael Miller

In October, CARD has plans for a

week of anti-draft activities including

teach-ins, local demonstrations and

leafletting at high schools. CARD will

also be organizing a national con-

ference against registration and the

draft after the November elections.

Newman explained the need for an

ongoing campaign. ""The postcard ad is

a very important kick-off to national

anti-draft activity," she said.

"But we must realize that this is a

major crisis and there will be many

problems to deal with along the way.

`I expect to be vigilant way past this

current campaign,' she added

Judy Newman, member of San Francisco

Parents and Friends Against the Draft,

thought up the CARD postcard registration

against the draft.

PROTESTS

~ While several million young men

reluctantly parade to post offices to

register for the draft, perhaps even

greater numbers of Americans of all

ages and both sexes will be involved in

some form of draft registration protest.

Many will respond to newspaper ads

calling for registration against the draft.

continued on page 4

8 issues a year, monthly except bi-monthly in January-February, June-July,

- August-September and November-December

Second Class Mail privileges authorized at San Francisco, California

Published by the American Civil Liberties Union of Northern California

Drucdla Ramey, Chairperson Dorothy Ehrlich, Executive Director ~

Elaine Elinson, Editor Michael Miller, Chapter Page

ACLU NEWS (USPS 018-040)

814 Mission St. -Ste. 301, San Francisco, California 94103-777-4545 -

Membership $20 and up, of which 50 cents is for a subscription to the aclu news

and 50 cents is for the national ACLU-bi-monthly publication, Civil Liberties.

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a aclu news

special registration issue

STATEWIDE

ACLU Draft Desk

814 Mission St., Suite 301,

San Francisco 94103

(415) 777-4545, M-F 10-5

cent Advice on Ist Amendment rights,

referrals for organizing and

counseling

Central Committee for

Conscientious Objectors (CCCO)

1251 Second Ave., 3rd floor,

San Francisco, 94122

(415) 566-0500, M-F 10-5

(c) Counseling and referrals through-

out western U.S.

National Lawyers Guild-Bay Area

Chapter

(415) 285-6360, 24 hr.

(c) Counseling and legal aid and

referrals for organizers,

registrants and resisters

SAN FRANCISCO

San Francisco Parents and Friends

Against the Draft

814 Mission St., Suite 301,

San Francisco, 94103 ~

(415) 567-1527

(R) Organizing CARD campaign to

register against the draft

Registration Education Committee

1251 Second Ave.,

San Francisco 94122

(415) 665-6944

cent Organizing post office leafletting

San Francisco, Oakland, and

Berkeley.

Gays Against the Draft

Anthony Ricco

(41S) 752-7766, M-F 1-5

(c) Organizing

PENINSULA

People Against the Draft

318 Pope St., Menlo Park 94025

(415) 323-3648 or 325-6785, before

9pm

(c) Counseling, organizing and

_ referrals

Stanford Against Conscription

550 San Juan St., Stanford 94305

(415) 497-9544 or 851-3706, before

9pm

(c) Organizing, counseling,

referrals

NORTH BAY

Draft Counseling Center of Sonoma

County

1717 Yulupa, Santa Rosa 95405

(707) 526-3906, Sun.-Thur. 3-9

(c) Counseling and referrals

Sonoma County Peace Network

PO Box 971, Cotati 94928

(707) 523-4197 before 9pm (Laura

Malcom) or (707) 526-2212 (Lucy

Frost)

e Organizing, counseling and

referrals

SOUTH BAY

San Jose Peace Center

300 S. 10th St., San Jose 95112

(408) 297-2299, 24 hr.

(R) Counseling, referrals and

organizing

2160 Lake St., San Francisco 94121

= = :

Anti-Draft Directory

To learn more about anti- draft organizing or to get counseling advice, you

can call the organizations listed below in your geographic area. If you need

further help, call the ACLU-NC Draft Desk (415) 777-4545.

EAST BAY

Berkeley Draft Counseling Center

University of California at Berkeley

312 Eshelman Hall, Berkeley 94720

(415) 642-4536, M-F 8-5

(c) Organizing, counseling, referrals

Berkeley Anti-Draft Association

Unitas House

2700 Bancroft Way, Berkeley 94704

(415) 845-6980

e Organizing

Mt. Diablo Peace Center

65 Eckley Lane, Walnut Creek 94598

(415) 933-7850

e Organizing

CENTRAL VALLEY

Modesto Peace Life

PO Box 134, Modesto 95351

(209) 529-5750

(c) Organizing and counseling

Sacramento Peace Center

1917A 16th St., Sacramento 95814

(916) 446-0787

e Organizing

SANTA CRUZ

Resource Center for Non- Violence

Box 2324, Santa Cruz 95063

(408) 423-1626, before 9pm;

(408) 425-5211 (Counseling)

(c) Organizing, counseling and

referrals

Santa Cruz People Against the Draft

1630 Merrill St. Apt. 210,

Santa Cruz 95060

(408) 475-9580, before 9pm

(c) Organizing

NORTH COAST

Contact: Humboldt State Draft

Coordinating Council

Humboldt State University

PO Box 660, Arcata 95521

(707) 826-4400, 24 hr.

e Organizing, counseling, referrals

FAR NORTH

Chico Peace Endeavor

444 W. First Ave., Chico 95926

(916) 343-8825, before 9pm

(c) Organizing

Citizens Against the Draft

10 Cherry Court, Ukiah 95482

(707) 462-8879 or (707) 462-5648

(c) Organizing

SOUTHERN CALIFORNIA

National Lawyers Guild Military

Law Panel

Box 33544, San Diego 92103

(714) 233-1701, M-F 9-5

(c) Referrals, legal aid and counseling

for registrants and organizers

C.A.R.D. of Southern California

633 S. Shatto Pl., LA 9000S:

(213) 831-9085, before 9pm

(c) Organizing

This list was compiled by ACLU-

NC field interns Mark Morodomi

and Howard Levine and volunteer

Michael Ungar.

ACLU Legal Manual

Rights of Anti-Draft Protestors

X

Over a month before registration was

scheduled to begin, anti-draft

organizers began contacting the ACLU-

NC for advice about possible protests.

"`Can we leaflet inside a post office?"

"Do we need a permit for a sidewalk

rally?" ""What can we tell young men

about refusing to register?'' The

response is an ACLU-NC manual, The

Rights of Anti-Draft Protestors.

Outlining basic First Amendment

rights, the manual has been sent to over

500 anti-draft groups in California and

across the nation and is available free of

charge from the ACLU-NC.

In addition, the ACLU-NC legal

department is advising anti-draft

groups on specific problems they may

encounter in planning their protests

and negotiating with local officials.

Groups can get advice by calling the

ACLU-NC Draft Desk.

According to staff counsel Alan

Schlosser, many local postal officials do

not know just what the law allows. Anti-

draft groups could run into trouble with

perfectly legal protest activities.

Schlosser said, ``Protestors must be

ready and able to negotiate persistently

with police and post office officials to

insure that they are allowed to exercise

fully their right to communicate with

the public.

"We figure that this manual will give

organizers and attorneys an effective

tool to use in their planning and in such

negotiations,' Schlosser added.

Here is a summary of the major

points of the manual.

Protest Actions in Parks,

Streets and Sidewalks

The First Amendment protects

peaceful protest activities. Government

officals may only impose certain limited

restrictions:

'e Marches Peaceful marches on

sidewalks must be permitted. A parade

permit may be needed from the police.

Check your local ordinance.

e Rallies and Speeches Rallies and

demonstrations can take place in public

places such as a park or plaza or on the

sidewalk in front of a public building. A

permit may be required.

e Picketing and Leafletting No

permits can be required for peaceful

pickets or leafletting activities on public

sidewalks. Leafletters can politely

approach persons to hand them

literature and try to start a con-

versation.

Protest Actions Outside

or Inside Post Offices

The federal regulations do not

prohibit rallies, picketing or leafletting

on post office property open to the

public. The guiding principle is not to

obstruct entrances or disrupt postal

business.

While most local postmasters do not

seem to know this, leafletting and -

talking to persons inside the post office

about draft registration is permissible.

The Protest Message:

What You Can Say

In making anti-draft speeches, in

talking to young men who are

registering for the draft, or in writing

leaflets, there is one prohibition to be

aware of: the Selective Service Act

makes it a crime punishable by a fine of

up to $10,000 and/or five years in

prison to counsel, aid or abet a violation

of the draft law, such as refusing to

register. Actual refusal or failure to

register carries the same potential

penalty.

Protestors need to be cautious in not

directly or specifically encouraging a

young man to refuse to register,

especially if that advice is given at the

post office to prospective registrants.

But beyond specific advocacy of non-

registration to specific individuals, free

speech guarantees should apply to most

protest messages. Protestors can still

`express strong political or moral op-

position to the draft and _ draft

registration. They can provide in-

formation _on rights and _ options

available, including non-registration,

and can offer support and approval to

those who choose not to register.

By making it explicit that the choice

is up to the individual as to whether to

register, the protestor decreases the

possibilities of any criminal

prosecution.

PROTESTS

' continued from page |

e Post Office Demonstrations. By

the time you receive this issue of the

ACLU News, the demonstrations at

post offices will have started. The larg-

est will be during the weekend of July 19

and 20 and on Monday, July 21, the

first day of registration.

e Registration Education. A fees

of organizations, including the ACLU-

NC, have joined together in a Registra-

tion Education Project to distribute leaf- _

lets at every post office throughout the

two weeks informing potential regis-

trants of their options under the regis-

tration plan and directing them to local

_ draft counseling centers. A basic leaflet

is available for any group to copy and (c)

use at their local post offices. You can

learn more by calling the Project's hot-

line at 415-665-6944.

cent To Learn More. You can learn

more about what is happening in your

own area by calling the ACLU-NC

Draft Desk at 777-4545.

Lawsuit continued from page 1

impact on the ACLU case.

dhe suit, Goldberg v. Tarr,

originated in 1971 as a challenge to the

draft on a wide range of constitutional

grounds. `"`As the case moved through

the courts," Pinzler explained, ``all of

the grounds were thrown out, except for

sex discrimination.

"This year on July 1, a 3-judge

federal court in Philadelphia heard the

arguments. Their ruling is expected

`shortly, perhaps even before registra-

tion begins," she said.

The ACLU had requested to enter

the case, but the court refused.

"Whatever the outcome, the case is

certain to continue to the U.S. Supreme

Court," Pinzler added.

There has been no date set for the

| hearing of the ACLU case in federal

court, although the ACLU is trying to

expedite the hearings.

It is presumed that the ACLU iawaurt

too would continue to the U.S. Supreme

Court before the registration law is sent

back to Congress.