Open forum, vol. 28, no. 5 (March, 1951)

THE OPEN FORUM

Official Organ of THE AMERICAN CIVIL LIBERTIES UNION, Southern California Branch

"It must not be supposed that it is easy to be free..."-OSMOND K. FRAENKEL

"Vol. XXVIIL

LOS ANGELES, CALIFORNIA, MARCH 8, 1951

No. 5

Magazines Found OK

For J.C. Students

School Officials Not Yet

Sure Nation and New Republic

Safe for High School Students

Members of an investigating commit-

tee of principals and teachers have de-

termined that the Nation and the New

Republic are "fit and proper" for junior

college students, according to an item

in the Los Angeles Daily News.

Los Angeles taxpayers may breath

much easier now that this weighty mat-

ter has been determined and officially

announced by the Los Angeles Super-

intendent of Schools, Alexander J. Stod-

dard.

The Nation only recently published its

80th anniversary number. During the

years it has had as its editors some of

the most distinguished journalists in

America. The New Republic, younger

in years, has been no less provocative of

thought and action in behalf of American

democracy. But such a record, it seems,

must not stand in the way of the imme-

diate protection of "immature minds" if

`it is true that a citizen complained in

a letter to a local newspaper, as the

school librarian reported. With the warn-

ing that "these are troubled times" offi-

cials substitute totalitarian methods for

those of democracy. Accusation is ac-

cepted as evidence of guilt and men or

publications are asked to be thankful

that in "our democracy" we give them

a chance to prove their innocence-it's

so much cheaper for accusers than to

compel them to prove their accusations.

However, the magazines are not yet

in the clear. While Dr. Stoddard indi-

cated that they "were found to be within

the total range of magazines used at the

junior college level," he was careful to

emphasize that he has had no report as

yet as to the propriety of using them in

high schools. Then, as an after thought-

Perhaps with a view to lessening pres-

`ure-he observed that they would be

used there under the direction of teach-

"ls anyway. And, in any case, they had

(Continued on page 4, column 8)

LEGISLATIVE BILLS ASSAULT

OUR FREEDOMS

Professional Hysteria Raisers Again Clog Legislative Hopper with

Bills Violative of Constitutional Rights, Promoting

Suspicion, Insecurity and Fear

The California Legislature has before

it the regular Tenney crop of bills which,

if enacted, would violate our constitu-

tional. provisions for freedom of speech,

press and assembly. But even more, most

of them are so loosely drawn that they

could be effectively used against non-

communists who are concerned with the

improvement of American democracy.

All are calculated to inhibit free discus-

sion and democratic action and so pre-

vent change.

The bills are summarized as follows:

I. The attack on teacher tenure

and academic freedom

SCA 1 (TENNEY) anp ACA 9 (LEvER-

ING, ET AL): Would amend the constitu-

tion to require all public employees to

take oath set forth in Levering Act. In-

cludes U. C. employees and all paid in

part or in whole out of public funds.

SB 319 (TENNEy): Prohibits teaching

of communism "with the intent to in-

doctrinate any pupil with, or inculcate

a preference in the mind of any pupil

for communism," even though facts con-

cerning Communism may be taught. Dis-

missal for teacher found guilty of the

prohibited intent.

SB 473 (TENNEY): Teachers, princi-

pals and superintendents to be dismissed

"for the utterance of any treasonable or

seditious word or words or the doing of

any treasonable or seditious act or acts."

Department of Education required to

establish list of organizations which in

its opinion are subversive. Membership

in any such organization is sufficient

evidence for dismissal.

AB 2616 (CuareL): Superintendents,

principals and teachers "shall be re-

moved ... for the utterance of any

treasonable or seditious word or . .

treasonable or seditious act. . ." Same

as SB 473 except Dept. of Justice is to

enforce instead of the Dept. of Educa-

tion.

AB 2951-52-53 (ALL IDENTICAL) (CHa-

PEL): "... The distribution of campaign

literature to pupils in public schools is

prohibited." Obviously an attempt to pre-

vent knowledge and discussion by pupils

of current issues.

AB 2954 (Carpet): Same as 2951-53,

with an added provision which specific-

ally prohibits causing pupils to write es-

says on current candidates or proposi-

tions.

II. The attack on civil liberties

SB 97 (TenNEy)-AB 57 (CHapet):

Fingerprinting and loyalty check of all

applicants for change of name.

SB 98 (TENNEY): Investigation and

registration of every "communist" and

"communist - front" organization and

every individual "who accepts the poli-

cies, principles and program of an or-

ganization or is active in its behalf." A

seven-man commission receives $57,500

in salaries plus all traveling and other

expenses. Each day of refusal to comply

constitutes a separate misdemeanor.

SB 821 (TENNEY): Requires specific

non-Communist oath of all candidates

for public office. Also cannot be member

of any organization advocating over-

throw of government by force, violence,

or other unlawful means. Bars a legal

party from the ballot.

SB 1667 (Burns, TENNEY, ET AL):

Registration of members of "communist

organizations." Persons using "commu-

nist tactics" are included. Failure to reg-

ister constitutes a felony. Aim is to pro-

vide a law under which a suspected

"communist" could be picked up on a

felony charge for failure to register.

AB 30 (Lucxet, eT aL): Prohibits use

of school property to any person or or-

ganization "for the advocacy of, or the

commission of any act intended to fur-

ther any program or movement the pur-

pose of which is to accomplish the over-

throw of the government of the U. S. by

PAGE TWO

force, violence or other unlawful means."

Violation is a misdemeanor.

SB 438 (Recan): Investigation and

registration of individuals "active in be-

half of communist-front organizations."

Refusal to register is a felony.

AB 961 (CHapeL): Provides for spe-

cial court order to permit wire-tapping

to obtain criminal evidence. Evidence to

be admissible in criminal cases and be--

fore grand juries.

AB 1573 (Breck, ET aL): Same as SB

1667.

AB 2366 (SHaw): Same as SB 488.

Investigation and registration of individ-

uals "active in behalf of communist-front

organizations."

III. The attack on job and

vocational security

SB 96 (CoLiieR, HATFIELD AND HutseE):

Fingerprinting of all public employees.

Fingerprints filed and searched by the

F.B.I. An employee refusing to comply

not only forfeits position but is guilty of

a misdemeanor. This constitutes a legal-

ized blacklist.

AB 6 (CHare.): Same as SB 96.

SB 55 (Tenney): The California La-

bor Code now prohibits any employer

from interfering with the political ac-

tivities of employees. This bill would

amend the law to exclude from this pro-

tection any member of the Communist

Party or any organization which advo-

cates overthrow of the government by

force or by any illegal or unconstitutional

means. No standards of proof of mem-

bership are set forth in the Bill. Thus an

employer might summarily discharge any

employee on the charge of communism,

or he might require the signing of loy-

alty oaths by all of his employees, as a

pretext for determining which of them

were "communists" subject to discharge.

AB 269 (SmirH): The labor code now

guarantees freedom of political activity

for employees. This Bill excludes from

these guarantees all activities of the Com-

munist Party and all "activities involving

disloyalty."

IV. The attack on business and

the professions

SB 1665 (Burns, TENNEY, ET AL): Ex-

tends Levering Act oath to 400,000 per-

sons whose business or profession re-

quires a license or permit from the De-

partment of Professional and Vocational

Standards. False affidavit constitutes per-

jury. Includes, among others, all doctors,

nurses, pharmacists, chiropractors, chi-

ropodists, beauty operators, barbers, den-

N.Y. Teachers Lose

Academic Freedom

ACLU's defense of academic freedom

lost a round recently when immediate .

dismissal was recommended for eight

New York City public school teachers

who refused to say whether they were

Communist party members.

Theodore Kiendl, trial examiner for

the Board of Education, concluded after

lengthy hearings that the eight were

guilty of insubordination and conduct

unbecoming teachers. They. were sus-

pended May 8, 1950, after declining to

answer questions about Communist afh-

liation, put to them by William Jansen,

superintendent of schools.

Filing a brief with Kiend] at the time

of the teachers' trials last fall, ACLU's

New York City Committee and its Com-

mittee on Academic Freedom held that

membership in the Communist party is

not sufficient cause, in itself, to disquali-

fy a person from serving as a public

school teacher. The brief likewise claim-

ed that a teacher should not be consid-

ered guilty of misconduct or insubor-

dination because he refused: to answer

questions. about party affiliation.

Kiendl, whose. recommendations must

be approved by the Board of Education

before becoming effective, disagreed

with that premise. He ruled that refusal

did constitute insubordination and that

dismissal was "fully warranted both by

the nature of the offense and as a de-

terrent to other teachers who may be

similarly inclined."

tists, veterinarians, morticians, dry-

cleaners, architects, detectives, pest con-

trol inspectors, etc.

SB 1666 (Burns, TENNEY, ET AL): Ex-

tends Levering Act oath to lawyers, Will

have effect of depriving "subversives" of

legal counsel as an attorney who defends

a person accused of communism does so

at the risk of being labelled a communist

himself, and thereby renders himself lia-

ble to prosecution for perjury under this

act.

(Editor's Note-California readers are

urged to write the Legislative Bill Clerk,

Capitol, Sacramento, for copies of the

above bills. (Use designations at be-

ginning of each paragraph.) After study-

ing the bills write your reaction to your

Assemblyman and Senator.)

THE OPEN FORUM j

Bias In Housing

_ Scored By ACLU

ACLU's fight against racial discrimina.

`tion in the field of housing centered this

month in the New York area.

On Long Island, the Union's New York

City Civil Liberties Committee joined

five other groups in opposing attempts

by Levitt and Sons, Inc., to evict from

its housing development at Levittown

two families who entertained N egro chil.

dren at their rented homes.

In Manhattan at the same time, the

Committee excoriated the Metropolitan Vy

Life Insurance Company for starting

eviction proceedings against 33 Stuyves. |

ant Town tenants who fought racial dis. |

crimination there.

The Levittown action involved the

Julius Novicks and Adolph Rosses. When

both families filed suit in Nassau County

(N. Y.) Supreme Court to restrain Levitt |

and Sons, Inc., from evicting them, the

builder asked dismissal of the suit.

In a friend of the court brief, the Union

affiliate and others requested a full trial

of the issues involved. These, the brief

said, include points similar to restrictive

racial covenants-declared illegal by the

U. S, Supreme Court in 1947-as well as

infringement of the property rights of

tenants, including the right to entertain

persons of their choice.

Osmond K. Fraenkel, as counsel, sign-

ed the brief for the New York City Civil

Liberties Committee. Other organiza-

tions supporting the two plaintiff fami-

lies were the New York Chapter of the _

American Jewish Committee, the Ameri- -

can Jewish Congress, the Anti-American

Veterans Committee, and the Nassau

County chapter of Americans for Demo-

cratic Action.

Fraenkel and the Rev. John Paul Jones, |

chairman of the ACLU affiliate, signed

a letter to the Metropolitan Life board

chairman declaring that the company'

eviction notice to 83 tenants was al

"affront to decency . . . and a challenge

to those who support the principles o

equal treatment of persons of all races.'

The letter promised that the commit:

tee would "continue our fight to eliminate

racial discrimination in the selection of

tenants for publicly assisted housing

projects . . . and oppose with whatevel

means available the attempt to penalize

expression in support of a fundamental |

American principle and right-equality.

The tenants whom Metropolitan is try-

ing to evict were leaders of a committee

seeking to persuade the company to ret!

Stuyvesant Town apartments to Negroes

es Sto 38

Lis ;

rk |

its

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PAGE THREE

tHE OPEN FORUM

eS

THE OPEN FORUM

OFFICIAL ORGAN

AMERICAN CIVIL LIBERTIES UNION

SOUTHERN CALIFORNIA BRANCH

Aaron ALLEN Heist, Executive Director

Editor

BOARD OF DIRECTORS

J. W. MacNair KATHERINE KILBOURNE

President Loren MiLLER

Epmunp W. Cooke Rogsert Morzis

Vice-Pres. Henry P. Nava

Pror. CHAanues R. Nixon

_ A. Heist, Secretary

t FRED OxRAND

J.B. Trerz, Treasurer

A. L. Wiratn, Counsel

Hucu H. ANDERSON

Mrs. JOHN BEARDSLEY

Harry BRAVERMAN

- Pror. GzorGe M. Day

Hucu HarpYMAN

Rev. ALLAN HunNTER

Pau Jacoss

Published Bi-Weekly at

Room 517, 257 South Spring Street

Los Angeles 12

Phone TUcker 8514

Joun C, Packarp

RicHarp RicHarps

Dr. E. P. Rytanp

Mrs. Rauex Smit

Dr. Ciinton J. Tarr

Croret WARNE

Exizasetu A. Woop

- Dr. Wo. Linpsay Youne

Se

One Dollar the year

Five cents per copy

Entered as second-class matter April 24, 1946,

at the post office at Los Angeles, California,

under the Act of March 8, 1879.

Los Angeles, California, March 8, 1951

FEAR IS A DISEASE! "We have

nothing to fear but fear itself."-

F.D.R.

ANCIENT TRUTH: "Laws directed against

opinions affect the generous minded

ather than the wicked, and are adapted

less for coercing criminals than for irri-

lating the upright."-Spinoza.

AN AMERICAN OATH-"I have

sworn . . . eternal hostility against

`very form of tyranny over the mind

of man."-Thomas Jefferson.

Are Americans Free?

`In a free country, we punish men for

euro crimes they commit, but never for

the Opinions they have. And the reason

8 is so fundamental to freedom is not,

"Many suppose, that it protects the few

northodox from suppression by the ma-

joity. To permit freedom of expression is

Mimarily for the benefit of the majority,

fcause it protects criticism, and criti-

{sm leads to progress.""-President Harry

Truman Message to Congress, Sep-

tmber 22, 1950,

TEACHERS UPSET!

A sidelight on current jitters is given

us by Art Caylor, a columnist on the

SAN Francisco News. In a recent issue

he reported that "Various school teachers

are upset because the American Rus-

sian Institute keeps sending them a

`U.S.S.R. Fact Sheet.' Theyre afraid it

will get them in trouble. So Supt. Her-

bert C. Clish (of San Francisco) has

suggested that teachers order it stopped

-and keep a copy of their letter on file.

Loyalty oaths and the general anti-Rus-

sian feeling make safety-first a necessity

for teachers, I suppose. Yet, doesn't it

seem cockeyed that teachers, of all peo-

ple, should go uninformed on what the

Russians are up to?" .

"GODLESS MATERIALISM"

Even men who give little evidence of

concern for religion seem to feel that they

have reached the climax of denunciation

of Russia when they call its leaders "God-

less materialists."

The epithet has no sting from Com-

munists. They glory in it while ignoring

the well known fact that the millions over

whom they hold despotic rule are among

the world's most religious peoples -the

people we would A-bomb!

Competent observers find no reason

for believing that America is more con-

cerned about God's will or that our read-

ers place less faith in battalions than do

those whom we call names. Boasting of

our wealth, our "unequaled industrial ca-

pacity," and "security through strength"

(military) doesn't sound like Abraham

Lincoln.

ACLU DECLARES

EMERGENCY

The nationwide threat to civil liberties

has moved the national ACLU office to

declare a state of emergency, National

Executive Director Patrick Murphy Ma-

lin told the Chicago Division Executive

Committee on a recent visit.

The ACLU will no longer serve merely

as a "watchdog" after the violation of

civil liberties has occurred, Mr. Malin

said. "With an expanding membership,

we will undertake more preventive, as

well as remedial work."

With a full-time staff of 23 members,

the national office records steady gains.

During the past year, three new chapters

have been organized in New Haven,

Cleveland, and Cincinnati, making a to-

tal of 18 affiliates. Plans for a permanent

office in Washington, D. C., are under

way.

Mr. Malin has no delusions about the

adequacy of these gains in view of the

mounting tasks confronting defenders of

American liberties. He concluded his

survey of progress with this statement,

"I only wish I could express our opti-

mism about the work ACLU is doing in

a setting that can only be viewed with

pessimism."

A CHALLENGE TO OUR

SCHOOLS

The New York Times

The word democracy is so loosely used

these days by its friends and enemies

alike that a special committee of the

New York State Board of Regents has

done well to clarify what it means in re-

spect to education. "Democracy implies

that there must be a free flow of factual

information," says the committee. "Even

more, it demands the development of

critical judgment." Therefore the com-

mittee urges the schools to engage in a

critical appraisal of both the Communist

and the democratic systems. Unlike

some of our more timorous citizenry who

by their very fears play directly into

Communist hands, the Regents commit-

tee is not afraid of the results. Nor is

anyone else who has a living faith in

democracy.

The Regents' committee urges teach-

ers "to analyze communism with its basic

and unchanged doctrines of class con-

sciousness, class hatred, class warfare

* * * world domination." They should

also examine "the new Russian imperial-

ism * * * the loss of spiritual freedom,

the terrorism * * * where dictatorship

prevails." We would add that there

should also be no hesitancy to study the

causes that gave rise to communism, as

well as something about its historic de-

velopment. The Regents' committee goes

on to say that teachers should discuss

"desirable improvements in our system

and the methods which democracy pro-

vides to make such improvements." The

key to the whole approach is this: "Our

students should be taught how to strike

a balance of virtues and defects between

the two systems. This committee believes

that the balance is overwhelmingly on

the side of American democracy. There-

fore there need be no fear of facts hon-

estly and intelligently presented."

THE EMpuasis in American official pol-

icy has veered so far to the military side

that military defense seems to many

Americans the only thing worth thinking

about and to many outsiders our sole aim

and preoccupation._Anne O'Hare Mc-

Cormick in the New York Times.

PAGE FOUR

Loyalty Oaths Traps

Not Tests of Loyalty

Former Attorney Gen'! Biddle

Lashes Out. Against. Politicians

Promoting Current Hysteria

Former Attorney General Francis Bid-

dle, currently president of Americans for

Democratic Action visited Los Angeles

the first of this month and left the best

job of education in Americanism yet to

be credited to any visitor or citizen.

Present day hysteria manifesting itself

in loyalty oath crusades were particularly

the objects of his attacks in a series of

luncheons. While not opposed to the

usual affirmative oaths required by Amer-

icans entering office he condemned those

referring to past behavior. 7

"Such a retroactive oath," he said, "is

nothing but a trap for perjury. It re-

quires a person to swear he did not do

something in the past even though it was

not illegal. It is a trap, not a test of loy-

alty.! 21.

"Much of the current hysteria is play-

ed on by politicians, who constantly tell

the country that our government is in-

filtrated with spies," said Biddle. "I be-

lieve this to be false, and I believe such

charges do infinite harm to our internal

unity and self-confidence.

"Underlying the present hysteria is,

of course, fear of Russia, fear of war, and

fear of the bomb. But in the last few

years those fears have taken other forms,

fear of change, fear of liberalism, fear

of being called Communist. This obses-

sion expressed itself in loyalty oath, loy-

alty test, in castigations of university

professors, distrust of original thought

and worship of the orthodox.

"I do not underestimate the danger of

Communism, but I do not believe that

American institutions are threatened by

Communist infiltration and I think it

foolish and dangerous to act as if they

were. Spies have been caught in every

war, but not by ordering them to take

loyalty oaths or to register."

The controversy over loyalty oaths in

the University of California, he said, did

far more harm to the university by cre-

ating unrest and distrust than could have

been done by the "hypothetical Commu-

nists" on the faculty.

To Stop Witchhunting

The President's new Commission on

Internal Security and Individual Rights,

appropriately enough, began its work

on Lincoln's Birthday. The group was

urged by President Truman to do its

job "in a manner that will stop witch-

hunting and give us facts."

The President went on to say, "we

must find a balance where we can be

sure that the employees of the Govern-

ment are loyal to the Government, and

really interested in the welfare of the

United States of America, and at the

same time see that rights of individuals

are amply protected so that there will

be no one who feels that he has been

persecuted .. ."

He told the group it would have di-

rect access to all records of the Govern-

ment, including the Federal Bureau of

Investigation's loyalty files, and that it

would be "absolutely independent of

everything and everybody."

"Loyalty oaths merely hamper free

speech and the freedom of men," he said.

"Spies are caught by counterespionage."

Addressing a small meeting of lawyers

sponsored by attorneys on the ACLU

Board of Directors, Mr. Biddle said,

"Loyalty oaths are utterly ineffective;

and additionally, are dangerous because

they mark the opening wedge for test

oaths and hence general control over

opinion in the United States."

He reminded the lawyers present of

the struggle against test oaths and in-

quisitions by minority groups including

the Catholics and Jews.

"Anna Rosenberg, Assistant Secretar

of Defense, is an example of what the

current hysteria will result in; her quali-

fications for office were questioned be-

cause she was a Jew, a woman, and a

New Dealer, not because she was a Com-

munist."

"I am not saying there is no Commu-

nist threat. I say we must keep our san-

ity and approach it correctly. Loyalty

oaths are not the solution."

Biddle's favorite oath is one admin-

istered in England many years ago in

which subjects pledged their fealty to

their peers so long as their peers remain-

ed loyal to them.

THE OPEN FORU,

ae

MAY BROADEN SELF.

INCRIMINATION RULING

A broadening of the recent Suprem

Court ruling on self-incrimination is jy

the offing on the basis of Federal Distrig

Judge James A. Kirkland's ruling that

the privilege could be applied to wi

nesses appearing before Congressional

committees. The issue arose in the ple

of Earl Browder, former Communis

Party head, and twenty other person

cited for contempt for refusing to ap.

swer questions of the House Un-Ameri

can Activities Committee. Judge Kirk.

land ordered that the contempt case be

brought to trial to see if the privilege was |

actually abused. Browder and the other

moved for dismissal of the charge, point.

ing to a recent Supreme Court decision

that a witness before a Federal Grand

Jury might refuse to answer question

concerning Communist activities becaus: |

of fear of self-incrimination. The high

court has since recognized the extension

of the privilege to include appearance |

before immigration hearing officers.

The same issue was posed in a mat

ter involving the special Senate Crime

Investigating Committee, headed by Sen,

Estes Kefauver. Kefauver moved to in

dict gambler Joe Adonis after the latte

refused to answer questions before the

Committee and based most of his te:

fusals on grounds of self-incrimination.

A LECTURER of national reputation, it

sending on a check for membership,

wrote-"May I take this opportunity to

express my appreciation of the wonder

ful,.and, in these times, vital work you

are doing."

MAGAZINES...

(Continued from page 1, column 1)

not been "banned"-"merely withheld'

if taxpayers know what that means.

The OPEN FORUM was the first t0

give publicity to the action of Associate

Superintendent, Maurice G. Blair's ordet

requiring the "withholding" of the mag

zines pending a re-examination. Powerltl

groups in the city immediately intereste!

themselves in this attempt to limit fret

dom of information. Individuals an!

groups in the League of Womeen Voters |

became especially active. A letter from

Marshall Stimson brought the revealing

reply from Dr. Stoddard. The Dailj

News put a reporter on the job of ge

ting the story. Two national magazin(R)

and one New York paper availed then:

selves of information available at tht

ACLU office.

ee coh ey Ol i a 2 re rae Pe a yeags S alae

oP CY co eR FE Oe! RPK eK UTD

Ses CU tee DD