Civil Liberties Docket - Vol. X, No. 1

11. Of Meetings (see also 201)

11.17.

Forbes v. Redondo Beach City Council (Los Angeles Co. Super. Ct., #833130) Def. denied American Nazi Party speaker use of public park for meeting. Super. Ct. issued preliminary injunction allowing Def. to hold meeting on posting $1,000 corporate bond and filing affidavit that speech would not tend to incite to riot. Dismissed.

A. L. Wirin, Esq., for ACLU of S. Calif., 257 S. Spring St., Los Angeles.

12. Of Motion Pictures (see also 52)

13. Of Peddlers

13.2.

City of Indianola v. Defs. (Indianola, Miss.) (City Ct.) Oct. 22, 1963: 15, incl. 2 Yale students, in Aaron Henry Vote for Freedom drive, arrested: distributing leaflets without a permit. $50. bond posted. Trial date: March 1964.

Carsie Hall, Esq., 115½ N. Farish St., Jackson, Miss.

14. Of Books, Magazines (see also 52)

14.10.

Haiman and Grove Press, Inc. v. Morris. (Ill. Sup. Ct., #37276.) Oct. 1961: 11 Ill. suburban police chiefs ordered book dealers to cease selling Miller's "Tropic of Cancer," seized some copies, threatened arrests for failure to act. Pl.-philosophy prof. and Pl.-housewife sued, charging conspiracy by Defs. against exercise of First Amendment rights. Feb. 21, 1962: Cook Co. Super. Ct. granted Pls'. injunction, stated its conviction of the "inherent constitutional rights and privileges of the reading public of our community"; found (1) "Tropic of Cancer" not obscene but a serious work of art; (2) police chiefs acted unlawfully in interfering with distribution of book before adjudication. On Def.-Chicago police supt's. appeal to App. Ct., Pl's. motion to transfer to Ill. Sup. Ct. granted. Ill. Sup. Ct. found no fairly debatable constitutional questions, transferred to Ill. App. Ct. for decision on whether book obscene. Sup. Ct., on rehearing, sustained lower court finding, restrained police interference with distribution.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago, intervenor for publisher and author.

Joel J. Sprayregen and Bernard Weisberg, Esqs., for Ill. Div., ACLU, 19 S. LaSalle St., Chicago.

And see 14.10a.

14.10a.

Grove Press, Inc. and Henry Miller v. Morris. (ND Ill., E. Div., #61 C 1784.) Suit by Pl.-publisher and author of "Tropic of Cancer" under 28 U.S.C. 1331, 1343; 42 U.S.C. 1983, 1985, 1986, and Fourteenth Amendment, against Defs., individually as police chiefs, and for conspiring together to prevent persons from purchasing the book and Pls. from selling it. Dismissed by agreement to be bound by decision in 14.10.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago.

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14.11.

Grove Press, Inc. v. Calissi, Bergen Co. Pros. (U.S.S.C.) Oct. 23, 1961: Pl.-publisher of "Tropic of Cancer" sued, alleging Defs. (prosecutor and police chiefs) conspired to deprive Pl. of First Amendment rights and due process, unreasonably seized Pl's. property; seeks temporary restraining order, under 42 U.S.C. 1983. DC denied injunction. 3-judge ct. held for Defs. Pl's. appeal pending in U.S.S.C.

Jerome C. Eisenberg, Esq., 744 Broad St., Newark.

14.15.

Larkin v. G. P. Putnam's Sons. (N.Y. Ct. of App.) Corp. Counsel sought injunction against sale, distribution of "Fanny Hill", alleging book obscene. After trial, verdict for Def. App. Div. (3-2) reversed Sup. Ct. Apr. 1, 1964: Def's. appeal argued.

Charles Rembar, Esq., 521 Fifth Ave., N.Y.C.

15. Of Miscellaneous Activities

15.5.

F.C.C. v. Palmetto Broadcasting Co., S.C. (CA DC.) (334 F.2d 534.) May 1960: F.C.C. notified Pl. that disc jockey on its station WDKD had broadcast vulgar material over 9-yr. period. Pl. discharged disc jockey. Mar. 1961: F.C.C. denied Pl. renewal of license. Mar. 1964: CA upheld F.C.C. on nonconstitutional ground. Oct. 12, 1964: U.S.S.C. denied cert.

Amicus appearance by ACLU, 156 5th Ave., NYC.

And see cases at 257.

15.6.

City of Baltimore v. Moore, Henderson. (Crim. Ct.) 3 Defs. on peace walk from Canada to Cuba arrested: carrying walk into public park without permit. One Def. released on paying $10 fine; 3 Defs. refused to pay, jailed. Appeal pending.

15.7.

Coleman v. City of Torrance, Calif. (Los Angeles Super. Ct.) Summer 1963: Following sit-ins and sit-outs at Don Wilson Builders', ordinance passed prohibiting persons being on streets surrounding Wilson tract between 7 p.m. and 7 a.m., weekends, prohibiting overnight weekend parking, forbidding real estate offices or model homes from remaining open overnight on weekends, except for residents, guests, public officers and newspapermen. Jy. 1963: Injunction suit filed challenging constitutionality of ordinance. Dismissed in connection with other proceedings.

A. L. Wirin and Fred Okrand, Esqs., for ACLU of S. Calif., 257 S. Spring St., Los Angeles.

And see 533.63 and 58.8, at IX DOCKET 6, 40.

15.8.

Canon v. Justice Ct. (Calif. Sup. Ct.) (39 Cal. Rptr. 228.) 1962: Def. distributed anonymous letter in support of local political candidate. 1963: Def. prosecuted under Cal. Elections Code §12047 (misdemeanor to publish anonymous campaign material); prosecuting witness was opponent of Def's. candidate. Justice Ct. denied Def's. motion to dismiss. Super. Ct. denied petition for writ of prohibition. June 25, 1964: Calif. Sup. Ct. reversed: (1) statute does not unconstitutionally infringe free speech because, on balance, public is served by protection from anonymous writings personally attacking candidates in elections as provided by statute, but (2) statute unconstitutionally discriminates by requiring Calif. voters to identify themselves as publishers, but not others. Remanded for issuance of writ.

Ralph E. Kingston and Lynn Carman, Esqs., Placerville, Calif.

Amicus brief for ACLU of N. Calif. by George F. Duke, Michael L. Ohleyer and Marshall Krause, Esqs., San Francisco.

15.10.

Goldwater v. F.C.C. (F.C.C.; CA DC; U.S.S.C., #636.) Oct. 1964: Pl.-Republican candidate for President petitioned F.C.C. for order that Pres. Johnson's report to nation on Vietnam was political broadcast, requiring networks to grant Pl. equal time. F.C.C. dismissed; CA DC affirmed. Oct. 28, 1964: U.S.S.C. denied cert.; Goldberg, J. (Black, J.), diss.: (1) free public discussion of major political issues requires Pl. be allowed to reply; (2) policy of Congress to require equal time in such situations is clear from 1934 Communications Act.

21. By U. S. Customs

22. By U. S. Postmaster

22.15.

Heilberg v. Fixa. (ND Calif., #41660.) Suit for injunction against enforcement of 39 U.S.C. §4008 (detention of mail from certain countries as "communist political propaganda" and destruction of mail unless addressee indicates willingness to receive it.) 3-judge ct. denied motion for relief after U.S. Atty. personally delivered mail to Pl. Oct. 1963: DC denied Gov't's motion to dismiss as moot, referred case to 3-judge ct. Sept. 15, 1964: 3-judge ct. trial.

Marshall W. Krause and Coleman Blease, Esqs., for ACLU, 503 Market St., San Francisco.

22.16.

Amlin v. Postmaster General. (SD Calif., #63-635-PH.) June 1963: Suit filed similar to Heilberg, 22.15. Feb. 13, 1964: Def's. motion to dismiss granted. No appeal.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

22.17.

McReynolds, Pappenheim v. Christenberry. (U.S.S.C.) Pl. sued for declaratory judgment, expunging Pls.' names from all records maintained in connection with censorship of alleged Communist propaganda, and injunction against delaying or processing mail deemed Communist propaganda under 39 U.S.C. §4008 (detention of mail from certain countries as "communist political propaganda" and destruction of mail unless addressee indicates willingness to receive it.) Supplemental complaint alleged second Pl. who ordered books by Engels, G. Thomson, and Anna Louise Strong from N.Y. bookseller, received card from postal officials asking whether he wished to receive "Communist political propaganda." Pl. requested further information of Def.; books delivered. Jy. 31, 1964: DC dismissed. Appeal to CA 2 pending. Petition for certiorari pending; issues: mootness and justiciability where books were delivered.

Nanette Dembitz and Melvin L. Wulf, Esqs., ACLU, 156 Fifth Ave., NYC.

22.18.

Lamont d/b/a Basic Pamphlets v. Postmaster General. (U.S.S.C. #491.) (229 F.Supp. 913.) May 1964: Pl. sued for 3-judge ct. to enjoin enforcement of 39 U.S.C. §4008 as unconstitutional and to direct removal of his name from list of persons desiring to receive "communist political propaganda." DC denied Pl's. motion for summary judgment, granted Def's. motion to dismiss, held case moot because (1) Def. released mail to Pl. upon filing of action, (2) possibility of injury from listing of name only abstract, (3) Pl. has no standing to vindicate rights of others. Feinberg, J., diss.: Threatened disclosure sufficient for justiciability, release of mail does not render action moot. Appeal pending.

Rabinowitz and Boudin, Esqs., 30 East 42nd St., NYC.

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23. On Government Information and Secrecy

24. On Students and Professors (see also 223, 262, 281, 342, and 571)
Case note: Judicial review of tenure contract of professor in private college: Felch v. Findlay College, (3d. App. Jud. Dist. Ct. of App., #640; June 28, 1963) 25 Ohio St. 289-98.

24.25.

Stanley v. Gary. (CA 5, #7199) (184 F.S. 388) Mar. 1960: several Negro students, protesting discrimination by milk co., refused to drink milk provided with school lunches; Def.-school principal expelled them. Students sued, charging violation under Civil Rights Act. May, 1960: DC expressed grave doubt as to fed'l. jurisdiction; denied motion for preliminary restraining order, held: Def's. action was exercise of discretion under state statute authorizing suspension or dismissal when necessary for schools' best interest; Pls. failed to exhaust administrative remedies. Aug. 27, 1962: DC dismissed for lack of prosecution by Pls.

Elliott D. Turnage, Esq., Darlington, S.C.

24.26.

Ritter v. Matthews, Trs. (N. Texas State U.) (ED Tex., Sherman Div., #1525 Civ.) (9 RRLR 615) Aug. 30, 1962: Suit by Pl.-public school teacher against Def.-School Bd. testing discharge of Pl. for engaging in desegregation activities during nonwork time and off-campus, brought under 14th Amendment, 28 U.S.C. §1343(3) and (4), 42 U.S.C. §§1981, 1983. Apr. 22, 1964: DC held no violation of Pl's. rights; all relief denied.

George Schatzki, and Albert Levy, Esqs., 1601 Natl. Bankers Life Bldg.; Marvin Menaker, Esq., Fidelity Union Life Bldg.; Herbert Landau, Esq., all of Dallas.

24.27.

Wilkinson and Schwartz v. Bd. of Trs., Ohio State Univ. (SD Ohio, E. Div., #6611) (377 U.S. 961) March 7, 1963: Pl. filed suit challenging University regulation under which he was denied right to speak on campus, sought 3-judge ct. Issues: right of Univ. (1) to bar guest speakers for their political beliefs or associations; (2) to require loyalty oath or disclaimer affidavit as prerequisite to speech; right of students to listen. Apr. 7, 1964: Pls. filed petition for writ of mandamus in U.S.S.C. to require DC to act on application for 3-judge ct. Apr. 10: DC denied 3-judge ct. June 8, 1964: U.S.S.C. denied motion for leave to file petition for mandamus (sub nom. Schwartz v. Underwood). Nov. 3, 1964: DC held for Def. Appeal pending.

Jack G. Day, Esq., 1738 Standard Bldg., Cleveland; John A. Childers, 40 S. 3rd St., Columbus.

24.30.

Morial v. Orleans Parish School Bd. (ED La.) Pl.-Negro teacher seeking declaratory judgment on La. statute requiring dismissal of teachers who advocate racial integration, and injunctive relief against its enforcement. Pending.

NAACP Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.

24.31.

Finot v. Pasadena Bd. of Educ. (Los Angeles Super. Ct., #827326.) 1963: Pl.-teacher, fired for wearing beard, filed petition for writ of mandate to restore him to classroom. Super. Ct. denied. Appeal pending.

Rudman and Mosk, Esqs., 6290 Sunset, Los Angeles.

Amicus appearance by ACLU of S. Calif., Wirin and Okrand, Esqs., 257 S. Spring St., Los Angeles.

24.32.

Woods v. Wright (Birmingham.) (CA 5) (334 F.2d 369) May 1963: 1,000 Negro pupils summarily dismissed from public schools for participating in demonstrations. Pl.-pupils sought injunction permitting them to complete school term. May 29: DC denied relief. May 29: CA 5 Chief Judge issued injunction pending appeal: "the orders of suspension were based on illegal arrests, known at the time of the order of suspension to be illegal" under Edwards v. S.C. (372 U.S. 229), Fields v. S.C. (372 U.S. 522), Shuttlesworth v. Birmingham (373 U.S. 262). Pupils completed term. Aug. 1964: CA reversed DC denial of preliminary relief, remanded with directions.

NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

24.35.

Williams v. Sumter School District. (DC S.C.) 1963: Pl.-Negro teacher participated actively in local desegregation movement; entered her students in contest school officials thought should be only for whites; was dismissed by Def. Sept. 14, 1964: Pl. sued for reinstatement. Pending.

NAACP Legal Defense & Educ. Fund, Inc., 10 Columbus Cir., NYC.

25. On Miscellaneous Activities

25.11.

Belshaw v. City of Berkeley (Alameda Co. Super. Ct.) Berkeley fireman wrote letter to local newspaper stating city officials "fooled" in voting pay increase to policemen; suspended for 30 days. Issue: freedom of expression for city employees. Bd. (3-1) sustained suspension. Feb. 1964: Pl. filed for writ of mandate in Super. Ct. to compel Def. to reinstate him. Demurrer to complaint overruled. Trial Dec. 17.

Marshall W. Krause, Esq., for ACLU, 503 Market St., San Francisco; Albert M. Bendich, Esq., 2890 Telegraph Ave., Berkeley.

25.12.

Forstner v. Civil Service Comm. (ND Calif.) 1963: Pl.-Youth Guidance Officer suspended from duty for growing beard after starting work, refusing to shave; fired. Jan. 9, 1964: Def.-Bd. affirmed firing. Pl's. writ of mandate to compel reinstatement filed. May 15, 1964: Super. Ct., after hearing, ordered Pl. reinstated with full back pay: prohibition on beard-wearing is unjustified interference with Pl.'s personal life; Pl. to remain at work pending appeal. July 17, 1964: DCA reversed, held officials may keep Pl. off job pending appeal. Pending.

Marshall Krause, Esq., for ACLU, 503 Market St., San Francisco.

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41. Of Federal Courts

41.3.

U.S. v. Barnett. (U.S.S.C., #107) (316 F.2d 236, 376 U.S. 681) Sept. 25, 1962: CA 5 issued temporary order restraining Def.-Governor from interfering with DC order to admit Meredith to U. of Miss. CA issued order to show cause why Gov. should not be cited for civil contempt for preventing registration. Sept. 28: CA 5 found Gov. guilty of contempt of its Sept. 25 order after failure to appear in response to show cause order; ordered Gov. committed to custody of U.S. Atty. Gen. and fined $10,000 per day unless before Oct. 2 he has shown full compliance with Ct. orders. Sept. 30: U.S. Pres. issued order directing all persons obstructing ct. orders re Meredith's admission to cease forthwith. Apr. 6, 1964: U.S.S.C. (5-4) answered CA 5 query: Def. not entitled to jury trial, Clark, J.: "It has always been the law of the land, both state and federal, that the courts—except where specifically precluded by statute—have the power to proceed summarily in contempt matters." But see note 12: "Some members of the Ct. are of the view that, without regard to the seriousness of the offense, punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Goldberg, J. (Warren, C.J., Douglas, J.) diss.: Def. had statutory right to jury trial under 18 U.S.C. §3691 because DC was source of order, violation was criminal offense under 18 U.S.C. §1509, suit brought by Meredith, not U.S.; also had constitutional right, Art. III, §2, Sixth Amendment. Black, J. (Douglas, J.) diss.: "As I said in Green [365 U.S. 165, 193], I think that this doctrine that a judge has "inherent" power to make himself prosecutor, judge and jury seriously encroaches upon the constitutional right to trial by jury and should be repudiated." DC trial pending.

42. Of State Courts

42.12.

Holt and Dawley v. Virginia. (U.S.S.C., #464) Pets., Negro members of Va. Bar, represented civil rights Defs. in libel suit. After trial, Judge issued order to show cause why attorneys should not be held in contempt for refusal to answer certain questions, denied motion to disqualify himself for bias, held Pets. in summary contempt before hearing on the order, solely because of contents of motion and oral argument of Pets. for change of venue. Va. Sup. Ct. of App. affirmed. Petition for cert. filed, alleging denial of due process, illegitimate use of summary contempt proceedings against lawyers in civil rights cases.

Melvin L. Wulf, and Leslie Harold Levinson, Esqs., ACLU, 156 Fifth Ave., NYC.

42.18.

In re Will Harrison, New Mexico v. Morris. (N.M. Sup. Ct.) Nov. 12, 1963: Def. wrote column questioning lenient treatment given Asst. DA Morris convicted of involuntary manslaughter (DA, drunk, rammed another car, killed 5 persons, fined $1000 and probation), contrasted with treatment given Mexican-Def. in similar case: 1-5 yrs. Jan. 24, 1964: After 5 other columns by Def. on DA's case, DA's atty. moved in Dist. Ct. to have Def. found in criminal contempt. Mar. 27: Def. found guilty; 10 days. Appeal pending. Issues: (1) Def.'s publication did not interfere with pending trial; (2) can Dist. Ct., by retaining jurisdiction of case until probation period is up for review of sentence, prohibit comment on its actions during probation period?

W. B. Kelly, Esq., Gilbert, White & Gilbert, P. O. Box 787, Sante Fe, N.M.

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43. Of Other Agencies (see also 270s, 330s)

51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)

51.25.

Rev. Cox v. Louisiana. (U.S.S.C., #24) (156 So.2d 448, p.j.n. 377 U.S. 921) Dec. 14, 1961: 22 students (Southern Univ.) arrested during anti-segregation demonstration. Dec. 15: Def.-minister led 1500 students in demonstration against arrests; 70 arrested. Charges against Cox: obstructing sidewalk, threatening to disrupt courts, failing to disperse crowd. Dec. 16: bond required: $1500 each; charges dropped against 5 Defs. Feb. 1, 1962: Def. tried, convicted; 1 yr., 5 mths., and 4 mths., consecutive, $7,500. Def. also charged with defaming DA and Judge during trial, see 51.25a. Fall 1963: La. Sup. Ct. denied rehearing. May 4, 1964: U.S.S.C. noted prob. juris. Issues: (1) is La. breach of peace statute void for vagueness; (2) do breach of peace and obstruction of sidewalk statutes, as applied, violate Def.'s First and Fourteenth Amendment rights; (3) was Def.-CORE officer denied due process and equal protection by being tried in segregated courtroom?

Johnie A. Jones, Esq., 530 So. 13th St. and Murphy W. Bell, Esq., 971 So. 13th St., Baton Rouge; Collins, Douglas, and Elie, Esqs., 2211 Dryades St., New Orleans.

And see Cox, 51.25a, 53.5.

51.25a.

Louisiana v. Rev. Cox. (Baton Rouge.) (U.S.S.C., #49) (158 So.2d 172) (p.j.n. 377 U.S. 921) Facts: at 51.25. Oct. 1963: La. Sup. Ct. affirmed conviction for obstructing justice; 60-day stay of execution signed. May 4, 1964: U.S.S.C. noted prob. juris. To be argued after #735, 51.25.

51.27.

South Carolina v. Randolph (Sumter.) (Sumter Co. Cir. Ct.) (121 So.2d 349) 26 Defs. charged with conspiring to breach the peace in connection with sit-in demonstrations. At trial, Defs. argued charge too vague to defend against; trial ct. overruled contention, convicted. Aug. 23, 1961: S.C. Sup. Ct. reversed and remanded for retrial, held charge too general, neither stating facts constituting the crime charged, nor pointing out any particular of the crime allegedly contemplated. Pending on retrial.

51.37.

Mississippi v. Block. (Greenwood.) (Leflore Co. Ct.) 4 Negro businesses burned to ground one block from office of Student Nonviolent Coordinating Comm. Def.-SNCC field secy. arrested 2 days later; charge: making statements to incite breach of the peace by saying local racists meant to burn out SNCC. Bond: $1,000. Feb. 25, 1963: city Police Ct. convicted; $500. and 6 mths. Appeal pending.

Carsie A. Hall, Esq., 115½ N. Farish St., L. H. Rosenthal, Esq., Suite 1, 221 N. President St., both of Jackson, Miss.

51.41.

New York v. 15 Defs. (Rochester Co. Ct.) 2 policemen investigating report that gun was seen at Black Muslim meeting allegedly attacked by 15 Muslims. Charges: rioting, 3d degree assault. After trial, hung jury. Defs. free on bond pending new trial. 1963: Defs. convicted; no appeal.

Harold G. Ashworth, Esq., 612 Wilder Bldg.; Louis J. Piccaretto, Esq., 45 Exchange St., both of Rochester, N.Y.

51.43.

New York v. Blackmon, Beebe and Hicks. (Manhattan Crim. Ct.) Sept. 20, 1963: Demonstrating at UN during Pres. Kennedy's address, Defs. arrested: (1) striking plain-clothes officer, with newspaper; (2) disorderly conduct. Oct. 7, 16: After trial, acquitted on (2), convicted on (1): 30 days. Appeals pending.

Percy Sutton, Esq., 135 W. 125th St., and Hyman Dechter, Esq., NYC.

51.44.

City of Plaquemine, La. v. Farmer. (Muni. Ct.) Aug. 19, 1963: 8 CORE Defs. marched to City Hall to demand establishment of city biracial comm., arrested: disturbing the peace, obstructing streets, inciting violence. Last charge dropped. Convicted; 60 days or $200. Appeals pending.

Collins, Douglas and Elie, Esqs., 2211 Dryades St., New Orleans.

51.45.

Alabama v. 200 Defs. (Selma.) (Selma Recorder's Ct., Dallas Co. Ct.) Sept.-Oct. 1963: 200 persons (adult and juvenile) arrested during voter registration demonstrations. Charges: (1) parading without a permit, (2) unlawful assembly. 15 Defs. convicted of (1); appeal pending. 5 Defs. convicted of (2); 180 days, $100. fine, $1,000. peace bond. Oct. 1964: Trials continuing; convictions; appeals pending in Cir. Ct., Ct. of App.

Peter Hall, Esq., 1630 4th Ave. N., Birmingham; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

See outcome of peace bond cases at 59.35; juvenile court cases at 56.12.

51.46.

Louisiana v. I. S. Daniel and 85 Defs. (New Orleans.) (Crim. Ct., #183-246.) Sept. 21, 1963: Def.-Negro high school students arrested while demonstrating against discrimination by voter registration officials: disturbing the peace, boisterous language. Pending.

Nils R. Douglas, Esq., 2211 Dryades St., New Orleans.

Amicus appearance by: Ernest N. Morial, Esq., 1821 Orleans Ave.; Revius Ortique, Jr., Esq., 2140 St. Bernard Ave.; Alvin Jones, Esq., 503½ So. Rampart St.; Lawrence Wheeler, Freddie Warren, Augustine and Smith, Esqs., all of New Orleans.

51.49.

Anderson v. City of Chester, Pa. (Delaware Co. Ct.; ED Pa., ##21764-21787.) Apr. 3, 1964: 500 Defs. in sitdown demonstration in front of police station in civil rights campaign arrested: unlawful assembly, affray, disorderly conduct, resisting arrest. April 4: At 3:00 A.M., Defs. convicted by Magistrate. April 5: After a series of technical objections, Magis. released Defs. on total of $130,000 bail. June 26: 24 removal petitions filed for all Defs. See 51.49 at 73 for removal procedures.

Report: Prof. Paul Bender, Police brutality in Chester. Phila. ACLU, 260 S. 15th St., Philadelphia.

51.50.

Pennsylvania v. Dotort. (Ct. of Quarter Sess., Phila. Co., #759) Sept. 20, 1963: Defs. conducted orderly, quiet sit-in office of city officials, protesting policy on relocating residents of substandard housing. After 5 p.m., Defs. refused to leave, arrested. Oct. 1963: After trial, Defs. convicted of disorderly conduct (18 P.S. 4406); breach of peace charges dismissed. Issues: 1) Does construction of statute require finding that Defs. disturbed a resident of the locality, annoyed a member of traveling public, or disturbed the peace? 2) Does conviction infringe First Amendment freedoms, as defined in Edwards, 372 U.S. 229, and Terminello, 337 U.S. 1? On appeal, all Defs. found not guilty of disorderly conduct. Defs. prosecuted again on charges of unauthorized use of city facility (room in which sit-in took place), breach of peace (dismissed). Defs. filed 28 U.S.C. §1443 removal petitions; DC remanded, denied injunction against prosecutions. Defs. convicted of unauthorized use of city facility. Appeal pending.

William Lee Akers, Esq., 737 Commerical Trust Bldg.; Harry Lore, Esq., Suite 400, The Wellington, 19th & Walnut Sts., both of Philadelphia.

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51.52.

New York v. Stauble. (Yonkers City Ct.) Dec. 15, 1962: 8 Defs. inserted cards in merchandise at S. Klein store describing goods as communist-made, chanted "Klein's is Communist"; crowd of 300 gathered. Def. also allegedly swore at police officer. Jan. 8, 1964: Def. convicted of disorderly conduct. Other cases arising from same incident pending. Def's. appeal pending.

Alfred Skidmore, Esq., Hicksville, Long Island, N.Y.

51.53.

California v. Huss, Krauss, McLaughlin, Holstein, Reeves. (Los Angeles) (L.A. Co. Super. Ct., #274332.) 1963: Defs.-Nazis arrested for creating disturbance at "Salute to Israel" rally. Nov. 11: All Defs. convicted of conspiracy to riot; 4 of felonious assault. Jan. 2, 1964: Sentences: 1-10 yrs. down to 10 mths. Appeals pending.

A. L. Wirin, ACLU, 323 W. Fifth St., Los Angeles.

51.54.

Maryland v. Frankhouser. (Riverside Park.) (Muni. Ct.) 1963: Def. making anti-integration speech; arrested: disorderly conduct, making speech without permit. Def. convicted; 30 days and $50. Appeal pending.

Maryland ACLU, 10 E. Centre St., Baltimore.

51.55.

Mississippi v. Stoner. (SD Miss.) Feb. 5, 1964: Def.-SNCC worker went to Hattiesburg jail to visit fellow-SNCC worker; told to leave, refused, jailed: breach of peace, resisting arrest, profanity, contempt of court. Feb. 6: Def. tried by Justice of Peace in his locked cell: 2 Forrest Co. Dep. Sheriffs assigned as Def's. "counsel," refused to raise constitutional objections; Def. dismissed them, stood mute, convicted: 60 days and $376. April 10: Def. filed, through 2 out-of-state attorneys, petition for habeas corpus, for leave to proceed in forma pauperis, for waiver of DC rule of court requiring out-of-state attys. to associate with Mississippi counsel. Appeal withdrawn after CA denied Def's. motion to release on bail pending appeal.

George W. Crockett, Esq., 3220 Cadillac Tower, Detroit; Benjamin E. Smith, Esq., 1006 Baronne Bldg., New Orleans.

51.56.

New York v. Callender, Galamison. (Queens Crim. Ct.) Apr. 4-22, 1964: Picketing and sit-ins at opening of World's Fair; 300 arrested: disorderly conduct, resisting arrest. Many pleaded guilty to disorderly: $5.$25., 5-15 days (suspended); other charges dism'd. Aug. 1964: trial date for 50 Defs. Timely removal petitions filed in SD NY; see 51.56 at 73.

And see 51.56a, 58.24, 63.26.

51.56a.

New York v. Prinz, Officers, Am. Jewish Congress . (NYC Crim. Ct., Queens Co.) May 15, 1964: Without conceding legality of Worlds Fair Corp. regulation prohibiting demonstrations without prior permission, Defs. requested permission to picket Jordanian Pavillion to protest exhibition alleged to be defamatory, and designed to incite hatred against Israel and Jews generally. Corp. conceded material objectionable, but refused permission because Fair devoted to promoting friendship through increased understanding, picketing would encourage international incidents. May 25: on advice of counsel, Defs. attempted to picket in street before Jordanian pavillion; arrested: disorderly conduct, resisting arrest (for refusing to surrender sign until placed under arrest). July 23, 1964: trial; decision awaited.

Howard M. Squadron, Will Maslow, Joseph Robison and Lois Waldman, Esqs., 15 E. 84th, NYC.

And see 58.24, 63.26.

51.57.

McKinnie v. Tennessee . (Nashville.) (U.S.S.C., #148) (379 SW.2d 214) Oct. 21, 1962: Defs.-Negroes sought service at Nashville restaurant, refused, blocked entrance; arrested: violation of Tenn. Code Ann. §39-1101 (7), §62-711 (conspiring to injure trade and commerce; turbulent conduct within or about hotel, inn, or restaurant). Cir. Ct. jury found Defs. guilty; $50. and 90 days. Jan. 8, 1964: Tenn. Sup. Ct. affirmed: (1) possibility that restaurant could not lawfully exclude Defs. irrelevant, because Defs.' conduct clearly prohibited by statutes; (2) indictment sufficiently apprised Defs. of offenses charged; (3) conspiracy may be inferred from nature of acts, relation of Defs., and their common interest; (4) Peterson, 552.SC.8, 373 U.S. 244, and Lombard, 552.La.2, 373 U.S. 267, distinguishable because no blocking of entryways; (5) statutes sufficiently define proscribed conduct; (6) Defs. not prejudiced in jury selection, in drawing of grand and petit jury panels, in inclusion of whites who professed belief in segregation but alleged they could lay such belief aside, or in allowing challenges to Negroes on panel for various reasons. Oct. 12, 1964: U.S.S.C. granted cert.

Looby and Williams, Esqs., 327 Charlotte Ave., Nashville.

51.59.

New York v. Galamison (Sup. Ct., App. Term, 2d Dept.) (250 NYS.2d 325) May 20, 1964: demonstrators protesting alleged employment discrimination blocked entrance to construction site; arrested: disorderly conduct. Convicted. App. Term found: breach of peace statute not unconstitutionally vague and indefinite; not being used to enforce state policy of discrimination in hiring; state policy is against discrimination; conduct established clear and present danger of disorder, interference with traffic and breaches of peace.

And see 55.70, 573.4, and 573.4a.

51.60.

Hanson v. Alabama. (DeKalb Co.) (Ala. Ct. of App.) (166 So.2d 886 (1964)) 1963: Ten Negroes and whites marched in memory of Fred Moore after his murder. Upon entering Alabama, arrested: engaging in course of conduct calculated to provoke breach of peace. Trial Ct. overruled Defs.' demurrer; Defs. convicted, fined $200. each. Ct. of App. reversed: demurrer on ground complaint failed to state an offense should have been sustained.

And see 63.9.

51.61.

New York v. Martin. (Malverne) (NY Sup. Ct., App.- 7 -
Term) (251 NYS.2d 66) 1963: Defs. attended School Bd. meeting to protest Bd.'s alleged failure to correct racial imbalances in schools; refused to leave when meeting adjourned; arrested: disorderly conduct. Convicted. 1964: App. Term affirmed: 14th Amendment due process prohibition against imposition of criminal sanctions for peaceful expression of unpopular views does not prevent Defs.' conviction under disorderly conduct statute for being in a place where they had no right to be, citing U.S.S.C. dictum in Edwards, 552.SC.3b, 372 U.S. 229, had that case been one of "evenhanded application of a precise and narrowly drawn regulatory statute," result might have been different.

52. Against Obscenity (see also 12, 14, 580)
Law review article: Murray L. Schwartz, The mail must not go through—propaganda and pornography, 11 U.C.L.A. 805-58.

52.33.

California v. Aday. (U.S.S.C., #500) (26 Cal. Rptr. 576, 55 C.2d 789) (362 P.2d 47.) 7 Defs.—writers, publishers, distributors—indicted for conspiracy to violate Calif. obscenity law in connection with 3 books: "The Decisive Years," "Sex Life of a Cop," "Joy Killer." 1961: Defs. moved in Calif. Sup. Ct. for return of 14 tons of paper-backs, contracts with authors, tax returns, etc., seized when Defs. arrested. May, 1961: Calif. Sup. Ct. granted motion because search warrant too sweeping. Fresno Muni. Ct., after hearing, ordered all seized private papers returned; granted Def's. motion under Pen. C. §995 to set aside indictment. Nov. 1962: D.C.A. ordered return of books seized, held search warrant invalid for failure to specify material to be seized, did not rule on obscenity. Petition for certiorari pending.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

52.34.

New York v. Mishkin. (App. Div., N.Y. Sup. Ct., #5238.) (207 NYS.2d 390, 234 NYS.2d 342) 1960: Def.-bookseller convicted of selling obscene books, violating law requiring imprint of name of publisher on books published in N.Y. Nov. 27, 1962: App. Dept. affirmed conviction for selling obscene books, reversed conviction for failure to "imprint," finding statute unconstitutional; opinion per curiam, cited Talley, 362 U.S. 60. Appeal pending.

Emanuel Redfield, Esq., 60 Wall St., NYC.

52.35a.

G.I. Distributors, Inc. v. Murphy. (ED N.Y.) 1963: Action by 6 distributors, 10 publishers and 124 distributing agents against NYC Police Commr., Queens Co. Dist. Atty., assistants and police, under 42 U.S.C. §1983 and 28 U.S.C. §1343, to recover damages for illegal search and for injunction against Defs.' threatened acts of interference with paper back books alleged to be obscene. Aug. 30, 1963: DC denied motion to dismiss. Trial pending.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC.

52.48.

Connecticut v. Huntington. (Conn. Sup. Ct. of Errors, #5454) Def.-bookseller arrested; charge: selling "Tropic of Cancer" in violation of Conn. Genl. Stats. §§53-243. Mar. 7, 1962: after trial, Def. convicted, book held obscene, indecent. Appeal argued Oct. 8, 1964; decision awaited.

Joseph F. Skelley, Jr., Esq., 37 Lewis St., Hartford.

52.55.

Chicago v. Russell, Compton. (Cook Co. Cir. Ct.) 1963: Defs.-actors arrested after they read portions of Tropic of Cancer during show: charge: obscenity. Dismissed by agreement.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago, Ill.

52.56.

U.S. v. Ginzburg. (CA 3) May, 1963: Author and 3 publishers indicted for allegedly sending obscene literature through mails. Plea: not guilty. Defs. convicted on 28 counts of mailing obscene literature; "Eros," "Documentary Books," "Liaison Newsletter" also convicted; Def.-author: 5 yrs. and $28,000; 3 Def.-publishers: $14,000. Appeal bond $10,000. June 16, 1964: appeal argued; decision awaited.

David I. Shapiro and Sidney Dickstein, Esqs., 20 E. 46th St., NYC; Norman A. Oshtry, Esq., 20 S. 15th St., Philadelphia; Murray Powlen, Esq., amicus for PCLU, 1405 Locust St., Philadelphia.

52.57.

Chicago v. Bruce. (Ill. Sup. Ct. #37902) Dec. 5, 1962: Def.-entertainer arrested during night club performance; charge: obscenity. March 14, 1963: Def. tried in absentia; convicted: 1 yr. and $1,000. June 18, 1964: Ill. Sup. Ct. affirmed. Jy. 7, 1964: Ill. Sup. Ct., on own motion, ordered opinion withdrawn and judgment vacated. Pending.

52.62.

New York v. The Bookcase, Weisfeld and Downs. (NY Ct. of App.) (14 NY.2d 409) Nov. 14, 1963: Def.-booksellers charged with selling "Fanny Hill" in violation of new criminal law section which prohibits sale to minors of any book devoted to sexual immorality; convicted by 3-judge ct. Def.-bookstore operator: 30 days and $500.; Def.-bookstore clerk: 10 days. July 10, 1964: Ct. of App. reversed, holding law violates 1st and 14th Amendments.

52.65.

U.S. v. Walker. (ED S.C., Cr. #23,178, CA 5) Apr. 25, 1960: Def.-disc jockey broadcast allegedly obscene language in radio program. Dec. 5, 1963: Def. convicted in jury trial of one of five counts, after FCC refused to renew the station's license. Appeal pending.

LaNue Floyd, Esq., Kingstree, South Carolina.

52.66.

U.S. v. 18 Packages of Magazines. (ND Calif., S. Div.) Nov. 1963: U.S. brought libel action to forfeit and destroy imported nudist magazines on ground each package contained at least one obscene magazine. Dec. 4, 1963: DC ruled 19 U.S.C. §1305 does not allow forfeiture of non-obscene material packaged with obscene material ("rotten apple" theory), ordered 10,000 magazines released. U.S. appealed to CA 9 dismissed by stipulation. Trial on obscenity of remaining magazines awaiting decision on motion for summary judgment based on A Quantity of Books v. Kansas that §1305 is unconstitutional as it provides for detention of alleged obscene material prior to adjudication.

Marshall Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

52.69.

New York v. Mekas, Jacobs, Karpe, Sims. (NYC Crim. Ct., ##A 2984-87.) Apr. 1964: Defs. arrested during showing of "Flaming Creatures," satirical film depicting commercialized sex, winner of award at 1963 Experimental Film Festival in Belgium. June 12: Def.-Sims (ticket taker) acquitted; other Defs. (involved in showing film) convicted.

Emile Zola Berman, 100 William St., NYC.

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52.70.

New York v. Bruce, Solomon. (NYC Crim. Ct., ##A 4406, 4624.) April 1, 1964: Def.-comedian arrested: using obscene language; Def.-cafe-owner arrested: permitting indecent performance. June, 1964: Trial before 3-judge ct. pending. Def. filed application to appear in pro per. because of refusal of attorney to submit play Def. wrote in substitution for transcript of one of his performances which had been received in evidence.

Ephraim London, Esq., 1 E. 44th St., NYC.; Lenny Bruce, in pro per.

And see Bruce, 52.57.

52.72.

A Quantity of Copies of Books v. Kansas. (U.S.S.C.) (84 S. Ct. 1723) Under Kan. statute authorizing seizure of allegedly obscene books before adversary hearing on alleged obscenity, Atty. Gen. filed information alleging obscenity of 59 titles. Geary Co. Dist. Ct., after examining several books, issued warrant authorizing seizure: 1715 copies seized. Kan. Sup. Ct. affirmed. June 22, 1964: U.S.S.C. reversed: Procedure violates 14th Amendment by permitting seizure and suppression of non-obscene books before adversary determination of alleged obscenity. Diss.: Harlan and Clark, JJ.

52.73.

New York v. Waldman. (NY Sup. Ct., App. Term) Def. convicted of selling obscene books. 1964: App. Term reversed: No proof Def. had any knowledge of contents.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC.

52.74.

New York v. Diamond. (NYC Crim. Ct., #A5968 1964) Def. charged with sale of obscene magazine. Upon comparison with magazines held not to be obscene in Larkin, 14.15, ct. reluctantly granted Def's. motion to dismiss.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC.

52.75.

California v. Elder. (San Francisco Muni. Ct.) 1964: Police visited gallery displaying sculpture by Ron Boise which depicted various sexual practices, arrested gallery owner and salesman: offering for sale obscene works; confiscated sculpture. After testimony by experts in art history, philosophy, and psychiatry re artistic and social desirability of artistic freedom to treat erotic themes, jury returned verdict: not guilty.

Marshall Krause and Ephraim Margolin, Esqs., 503 Market St., San Francisco, for N. Calif. ACLU.

52.76.

Freedman v. Maryland. (U.S.S.C., #69) 1963: Def.-theatre mgr. exhibited "Revenge at Daybreak" without prior permission of state movie censorship bd. required by statute; arrested. Trial Ct. convicted, though State conceded film would have been approved. Md. Ct. of App. affirmed. Issue: constitutionality of Md. licensing statute. Petition for cert. pending.

52.77.

N.J. v. Hudson Co. News Co. (N.J. Sup. Ct.) (196 A.2d 225) 1960: Police seized and held for 3 years 600 magazines from Def.-distributor. Def. arrested: selling obscene publications. At trial, jury allowed to consider whether magazines offended community standards in Hudson Co.; convicted. Super. Ct., App. Div. affirmed. Dec. 1963: N.J. Sup. Ct. reversed: phrase "community standards" in Roth, 52.3, 354 U.S. 476, must mean those of society at large, otherwise standard of constitutional protection would vary from one locality to another; search and seizure practices unconstitutional as prior restraint.

See Hudson Co. News Co. (declaratory judgment), 14.17 in IX DOCKET 1.

53. Against Defamation (see also 61)

53.4.

Louisiana v. Moore. (19th Jud. Dist., E. Baton Rouge Parish.) Def. SNCC leader made a speech; arrested. Charge: criminal defamation of local grand jury and Dist. Atty. Nov. 28, 1962: convicted. Appeal to La. Sup. Ct. 1963: Motions for new trial pending; Defs. have not been sentenced.

Murphy Bell, Esq., 971 So. 13th St., Baton Rouge. Collins, Douglas, and Elie, Esqs., 2211 Dryades St., New Orleans.

53.5.

Louisiana v. Cox. (La. Sup. Ct.) 1962: Def. charged with: (1) defaming a judge, (2) defaming a district attorney. Convicted. Def's. appeal pending.

Nils R. Douglas, Esq., 2211 Dryades St., New Orleans.

53.6.

Garrison v. Louisiana. (New Orleans.) (U.S.S.C., #4) (154 So.2d 400, p.j.n. 375 U.S. 900) 1963: Def.-New Orleans Dist. Atty. published statement charging local crim. ct. judges were responsible for large backlog of cases, hindered DA's vice investigations, judges' conduct 'raised questions' about racketeer influence; convicted of criminal defamation. La. Sup. Ct. affirmed: (1) showing of clear and present danger to administration of justice not required; (2) state misdemeanor Def. has no right to jury trial; (3) First and Fourteenth Amendments no bar to conviction. Nov. 12, 1963: U.S.S.C. noted probable juris.

53.7.

Chicago v. Lambert. (Ill. App. Ct., 1st Dist., 1st Div., Gen. #49097) (197 NE.2d 448) 1962: Defs.-members of American Nazi Party arrested for distributing anti-Negro, anti-Semitic leaflets, and for aiding and abetting. Mar. 22, 1962: Defs. convicted in non-jury trial in Chicago Muni. Ct. under racial libel statute (Ill. Rev. Stats. ch. 38 §27-1) and Chicago breach of peace ordinance (Muni. Code ch. 193 §1-1). Mar. 9, 1964: App. Ct. affirmed: (1) Defs. conduct intended to and did cause breach of peace and was unreasonable and unjustified; (2) leaflets contained scurrilous epithets defamatory of Jews, Negroes, and Judaism, which epithets were calculated to arouse breach of the peace.

53.8.

Kentucky v. Ashton. (Ky. Ct. of App., #W-125-64) March 1963: Oberlin College student went to Hazard, Ky. in response to national television appeal for aid to unemployed miners, wrote pamphlet dealing with community problems which contained allegedly defamatory material about local law enforcement officers, newspaper publishers. Police seized pamphlet before circulation; Def. indicted for criminal libel. First trial: jury failed to agree. Nov. 21, 1963: Second trial—10 of 12 jurors concurred in guilty verdict; $3,000 and 6 mths. Issues on appeal: (1) Whether instruction to jury defining criminal libel as "any writing calculated to create disturbances of the peace, corrupt the public morals, or lead to any act which, when done, is indictable" violates due process, (2) error to fail to direct verdict for Def. in absence of proof of publication or malice, and (3) lack of unanimity of jury verdict. Pending.

Dan Jack Combs, Esq., Pikeville, Ky.; Ephraim London, Esq., 1 East 44th St., NYC.

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54. Against Sedition, Criminal Anarchy (see also 241-44)

54.2.

Louisiana v. Goldfinch. (New Orleans.) (Judicial District Ct., Orleans Parish) Sept. 21, 1960: Def., white Tulane grad. student, arrested while with 2 Negro students during lunch counter sit-in. Charges: criminal mischief, conspiracy to commit criminal anarchy, based on Def's. alleged remark at counter: "I have come here for a purpose and I will not leave until I have accomplished that purpose or have been arrested," allegedly directed against State of La. Freed on $2,750. bail. Pending.

54.6.

Georgia v. Perdew, Harris, Allen. (Sumter Co. Super. Ct.) (137 SE.2d 711) Summer 1963: SNCC workers marched from church in Negro neighborhood. Three blocks from church stood and sang freedom songs. Police beat demonstrators, arrested Defs. Charges: unlawful assembly, resisting arrest, assault with intent to commit murder (conspiracy charge), inciting to riot. Defs. also charged with attempting to incite insurrection, a capital offense. (See Herndon v. Lowry (1937) 301 U.S. 242.) Defs. bound over to grand jury for hearing in Nov. Motion to set bail denied. Dec. 10, 1963: Def.-Allen convicted of assault with intent to commit murder; 2 yrs. July 1964: Ga. Ct. of App. reversed conviction of Def.-Allen: reversible error to deny without hearing Def.'s motion to quash indictment and challenge to array of petit jurors: (1) systematic exclusion of Negroes from grand and petit juries violates due process and equal protection clauses of Fourteenth Amendment; (2) such exclusion may be raised by white-Def., not a member of excluded class, under Thiel v. Southern Pacific, 328 U.S. 217, held applicable to Ga. state grand and petit juries; (3) but, "were it necessary for the Def. to show prejudice, judicial notice might be taken that where prejudice exists against the advocacy of the Negro's full privileges and duties of citizenship, a white person active in promoting participation in government by Negroes would be the object of as strong adverse prejudice as would a Negro engaged in such activities, and perhaps stronger"; (4) Ga. Code, Tit. 59, proscribes selection of jurors on ground of race; remanded to trial court. In trial court, Defs.: moved to quash indictment, challenged composition of petit jury, re-moved motion to try within two terms but alleged that motion had been properly made and as prosecutor has not brought cases to trial within two terms of court, Ga. law required dismissal of all charges. Nov. 1964: In chambers, trial judge granted motion to dismiss all charges on ground that cases had not been brought to trial within two terms.

C. B. King, Esq., Box 1024, Albany, Ga.

And see 54.7, 54.7a.

54.7.

Georgia v. Aelony. (Americus Justice of Peace, Sumter Co. Super. Ct.) White-CORE worker watching demonstration in 54.6, left scene holding hand of Negro girl. Arrested; charge: insurrection. Nov. 1964: charges dismissed. Issues and counsel identical to 54.6.

And see 54.6, 54.7a.

54.7a.

Aelony v. Pace, Ga. Solicitor Genl.; Dir., Dept. of Public Safety; Mayor and City Council and City of Americus; Sumter Co. Sheriff. (MD Ga., #530-1963.) Oct. 8, 1963: Pet. (Def. in 54.7) filed complaint (under 28 U.S.C. §§1343, 2281) to restrain Defs. from enforcing Ga. Code §§26-902 and -903 (attempt to incite insurrection, death penalty), and §26-5301 (unlawful assembly), alleging: (1) Defs. aware of their unconstitutionality (Herndon v. Lowry, 301 U.S. 242, Wright v. Ga., 373 U.S. 284), but conspired to oppress Pl. and other citizens in their exercise of privileges and immunities and suffrage, in violation of 42 U.S.C. §§1971, 1983, by making arrests; only testimony at preliminary hearing was that Pet. invited people to meeting at Church and observed the 30 arrests (54.6). Similar complaint filed by 3 Defs. in 54.6. Nov. 1, 1963: 3-judge ct. (2-1) held statutes unconstitutional, restrained Defs. from enforcing statutes and prosecuting Pets. further for assault with intent to murder, inciting to riot, or other state or local charges unless each Pet. released that day on no more than $1,000 bond (felony) and $500. (misdemeanor). Defs. released on bond. Jan. 10, 1964: Pls.' brief in support of continuance of three-judge ct. filed. Hearing postponed indefinitely. Mar. 1964: DC granted preliminary injunction against prosecution of other charges.

Paul, Weiss, Rifkind, Wharton, and Garrison, Esqs., 575 Madison Ave., NYC; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

And see 54.6, 54.7.

54.7b.

Georgia v. Wells, Harris. (Sumter Co. Super. Ct.) Summer 1964: Def.-Negro leaders of Albany Movement arrested: (1) attempted insurrection; (2) distributing insurrectionary material; no bail set. Defs. filed removal petition to fed'l. ct.; DC remanded. Super. Ct. dismissed insurrection charge.

And see 54.7c.

54.7c.

Wells v. Hand. (MD Ga., #821) 1964: Defs. in 54.7b sued to permanently enjoin prosecution by state, and for admission of Defs. to reduced bail and other relief. Oct. 15, 1964: 3-judge ct. heard argument; under consideration.

C. B. King, Esq., Box 1024, Albany, Ga.

54.8.

Louisicna v. Bell. (Clinton.) (20th Jud. Dist. Ct., B4281, B4283-B4293.) Sept. 19, 1963: Defs.-12 CORE members, sent letter to Clinton officials asking that biracial committee be appointed, composed of Negro leaders and local officials, to "avoid racial tension." Dec. 3: Defs. indicted for "conspiracy to commit public intimidation" (L.S.A.R.S. §14:122). Defs.' motions to set aside jury venire, and dismiss indictment pending.

Collins, Douglas, and Elie, Esqs., 2211 Dryades St., New Orleans.

54.9.

New York v. Epton. (N.Y. Sup. Ct., 1st Jud. Dist.) (252 NYS.2d 388.) Jy. 18, 1964: Nego-Def., leader in Progressive Labor, made speech in Harlem about police killing of Negro youth; later a riot occurred. Aug. 5, 1964: Grand jury indicted Def., under Pen. L. §161, for advocating criminal anarchy, first such indictment in N.Y. since Gitlow in 1919 (268 U.S. 652, 1925); Def. released on $10,000. bond. Def. moved to dismiss, citing Nelson, 350 U.S. 497; Sup. Ct. denied motion. Pending.

Conrad Lynn, Gene Ann Condon, Esqs., 401 Broadway, NYC.

And see 54.9a.

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54.9a.

New York v. Epton and Lynn. (NY Sup. Ct., 1st Jud. Dist.) Aug. 18, 1964: after indictment in 54.9, ct. issued sweeping injunction against Progressive Labor and other Harlem organizations holding meetings, etc. Def.-Epton and Atty. Lynn arrested for unlawful assembly and disorderly conduct for trying to arrange meeting despite injunction. Injunction vacated. Charges pending.

And see 54.9.

55. Against Picketing, Leafleting, and Demonstrating (see also 51, 123, 541, 542, 551, 552)

55.16.

Shuttlesworth v. Alabama. (Birmingham) (U.S.S.C., #423) (155 So.2d 605, 606) Birmingham merchants rejected Negro demands for ending segregation of drinking fountains and restrooms, employment discrimination. Negroes began boycott of downtown stores. Apr. 4, 1962: Def. and another arrested while observing effects of boycott: refusal to obey police officer, blocking traffic. Crim. Ct. convicted Defs. Oct. 23: Ala. Ct. of App. affirmed. Feb. 23, 1963: Ala. Sup. Ct. denied cert.: petition "not on transcript paper." Defs.' petition for cert. pending.

55.18.

Alabama v. Dr. McNair. (Talladega.) (Recorder's Ct., #3165) (Ala. Sup. Ct., #9760) Apr. 1962: 200 students (Talladega College) demonstrated in downtown against segregated eating and employment practices; 50 arrested, incl. Def.-white chaplain, Def.-Zellner, 58.3. Defs. released on bonds, many signed by Arthur D. Gray, College Pres.; convicted. Pending on appeal.

Arthur D. Shores, Esq., 1527 5th Ave. N., and Orzell Billingsby, Jr., Esq., 1630 4th Ave. N., both of Birmingham; Charles S. Conley, Esq., 530 S. Union St., Montgomery; Charles Morgan, Jr., Esq., Atlanta.

And see Alabama v. Gray, 63.2.

55.25.

Jackson v. Allen. (Co. Ct., 1st Jud. Dist., Hinds Co., #21.) 1962: Def.-Negroes picketed on federal property against segregation. Arrested by state officers, tried, convicted. Issue on appeal: whether state can prosecute Defs. alleged to have committed criminal act on fedl. property. Pending.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.

55.26.

North Carolina v. Frinks, Frinks v. North Carolina. (U.S.S.C., #235 Misc.) 1962: Negro Defs. picketed for integration: arrested, charged with violating Edenton City. Ords. limiting pickets to 10 walking 15 ft. apart, and with assaulting an officer. Nov. 27, 1962: after jury trial, Defs. convicted. (Cf. 55.27, VIII DOCKET 8, involving later arrests under ordinance requiring permit to picket from Town Clerk, available at fee of $10/day in which trial judge held ordinance unconstitutional.) Convictions affirmed in state courts. Oct. 12, 1964: U.S.S.C. denied cert.

G. E. Tillet, Esq., 413 S. Broad St., Edenton, N.C.

55.28.

Illinois v. Tranquilli, Thomas, J. Lewis, Bridges. (Cairo.) (Justice of Peace Ct., Alexander Co. Ct.) Jy. 13, 1962: 9 persons arrested in sit-in at swimming pool. Charges: mob action, disorderly conduct. Jy. 26, 1962: tried; convicted; $35. each. Aug. 20, 1962: 4 others tried; convicted; $50. each. All pending on appeal to Co. Ct. One minor arrested; turned over to Ill. Youth Commission for violation of parole based on previous integration protest. Defs.' requests for separate trials de novo on appeal pending.

Raymond E. Harth, Esq., 109 N. Dearborn, Chicago, for NAACP.

55.32.

Crawford, Mitchell, Poole, Salter v. Mississippi. (CA 5) 1962: Defs. picketing; arrested: obstructing sidewalk. Defs. filed removal petition to DC. See 55.32 at 73.

R. Jess Brown, Esq., Jackson; William Kunstler, Esq., 511 Fifth Ave., and Clarence Jones, 165 Broadway, both of NYC.

55.34a.

Barnes v. CORE. (Butte Co. Super. Ct., #40296.) Aug. 1963: Employer sued for injunction against CORE members picketing in protest of his allegedly discriminatory hiring practices. Aug. 9, 1963: Super. Ct. granted temporary restraining order. Aug. 16, 1963: Ct. dissolved order on Defs.' motion, refused to issue preliminary injunction. Pending.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland.

DANVILLE, VA. CASES:

Over 1,000 arrests were made in Danville between June 5 and Aug. 27, 1963 of Negroes seeking 5 objectives: desegregation of all public facilities and those private facilities open to the public; equal job opportunities in public and private employment; establishment of official bi-racial commission; appointment of Negro representatives on all City bds. and commissions. In order to present a complete picture of civil rights litigation in a typical, active area of the south, all Danville cases are included in this category, except denial of unemployment compensation to demonstrators (Lewis, 263.5) and police brutality (Thomas, 304.28.)

May 31, 1963: first demonstration, with permit from Mayor. June 5th: after daily demonstrations, first arrests as Corporation Ct. judge sought to disperse demonstrators. June 6: Corp. Ct. issued ex parte temporary restraining order. June 7: 3 Negro leaders indicted for inciting Negroes to riot against whites under state felony statute. June 14: City Council passed ordinance codifying broadly restrictive terms of restraining order: no one under 18 can picket; no more than 6 pickets regardless of area picketed; no picketing outside business hours. 105 arrested for violating injunction. June 17: Defs. filed removal petition of contempt cases to DC under 28 U.S.C. §1443. June 17: Corp. Ct. tried 2 contempt Defs. after removal petition filed; convicted; 90 days with 45 suspended, $25; no bail. June 22: 10 (including Atty. Holt) indicted under inciting to riot statute. June 24-25: DC granted petitions for habeas corpus to release 2 Defs. convicted in Corp. Ct. under 28 U.S.C. §1446.

Jy.: City Council passed anti-parade ordinance. U.S. Dept. of Justice filed amicus appearance to oppose City's motion to remand the removal cases back to Corp. Ct. Jy. 11: DC remanded to Corp. Ct. all cases removed to it by Defs. Jy. 29: Corp. Ct. made temporary order permanent injunction and enlarged its scope after hearing in which prosecutor introduced evidence re alleged "Communist-inspired" demonstrations. Aug. 6-8: 347 contempt of injunction cases set for trial; Corp. Ct. granted State's motion for change of venue to remote Va. cities. Many Defs. out on multiple bonds: $500. for each charge. Aug. 8: CA 4 stayed further Corp. Ct. trials pending its decision on 5 cases pending before it:

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55.35.

Baines v. City of Danville. McGhee v. City of Danville. (CA 4, ##9080, 9082.) (321 F.2d 643, 1963; 9 RRLR 1139, 1964.) Defs. in 138 criminal cases charging violation of June 6 restraining order filed removal petitions to DC. See 55.35 at 73. for status of removal procedures.

And see 55.36, 263.5, 304.28.

55.36.

Chase v. McCain, Chase v. Aiken. (CA 4, ##9081, 9082.) (321 F.2d 643; 9 RRLR 1139.) Pl.-demonstrators filed plenary suits in DC under Civil Rights Act seeking decree enjoining enforcement of June 14 ordinance, June 6 and Jy. 29 injunctions, and declaring them unconstitutional. DC denied relief for failure to exhaust state remedies and no irreparable injury shown. Aug. 8, 1963: CA 4 issued restraining order against state trials till decision on merits of appeal. Aug. 10, 1964: CA 4 held (3-2): This case is not within any exception to fedl. anti-injunction statute which forbids fedl. cts. to grant injunctions to stay proceedings in state courts except where authorized by Congress or necessary in aid of its jurisdiction; grant of general equity jurisdiction under Civil Rights Act did not constitute such authorization; only in compelling instances will state ct. proceedings be stayed by injunction; held that on remand DC may restrain future arrests until constitutionality of ordinance and injunction are determined if it finds their application has amounted to denial of constitutional rights. Sobeloff, CJ., and Bell, J., diss.: The wholesale suppression of First Amendment rights alleged here would be sufficient to take case out of prohibition of anti-injunction statute; injunction is only remedy in this situation which will effect Congressional purpose expressed in Civil Rights Act.

Counsel in all cases: Ruth L. Harvey and Harry I. Wood, Esqs., 4535 Main St., Len W. Holt, Esq., 243 Ross St., Andrew C. Muse, Esq., Spring and Union St., J. L. Williams, Esq., 323 N. Ridge St. and George Woody, Esq., 212 N. Ridge St., all of Danville; Samuel Tucker, Esq., Southern Aid Ins. Bldg., Richmond; Arthur Kinoy and William M. Kunstler, Esqs., 511 Fifth Ave., NYC; Prof. Chester Antieau, Georgetown Law Center, 6th and E Sts., NW, and Shellie Bowers, Esq., 3429 Clay Ct., NE, both of Washington, D.C.; Richard Goodman and Dean Robb, Esqs., 3220 Cadillac Tower, Detroit.

And see 55.35, 263.5, 304.28.

SOUTHWEST GEORGIA CASES—ALBANY, AMERICUS, FITZGERALD:

55.37-55.66.

Since the organization of the Albany Movement in 1961, mainly in the summers of 1961 and 1962, over 1000 persons arrested; charges: disorderly conduct or loitering during civil rights street parades; leafleting in violation of local ordinances: trespass while seeking service at local public accommodations. Most arrestees released on bond, convicted in Recorder's Ct., appealed to county courts for trials de novo. See case-by-case descriptions, VIII DOCKET 125-126. 1964: motions to try de novo in county court within two terms (one year) filed; failure by prosecutor to bring cases to trial within that time gives Defs. right to dismissal of charges. Prosecutor reluctant to bring to trial cases requiring hearings on Defs.' motions to quash jury venire, under Allen decision, 54.6. Cases now being dismissed in groups without decision of important constitutional questions.

C. B. King, Esq., Box 1024, Albany, Ga., counsel in all cases.

55.67.

U.S. v. Anderson. (MD Ga., Albany Div.) April 1963: all-white fedl. petit jury ruled for Def.-Sheriff in suit by Negro-Pl. under Civil Rights Act for damages to Pl's. shoulder from 3 shots by Def. while arresting Pl. for public drunkenness (misdemeanor). (Ware, 304.21). Albany Movement picketed store of white juror Smith with store in Negro community; store closed. Aug. 9, 1963: 3 Negro leaders of Albany Movement (see summary above) indicted by fedl. grand jury for injuring fedl. petit juror and conspiring to so injure by means of picketing, in violation of 18 U.S.C. §§1503, 371. Defs. allege picketing done solely to urge Smith to hire Negro help and treat Negro customers properly. Defs. released on $2500. to $5000. bond. Def. Colbert pleaded guilty; suspended sentence. Def.-Anderson moved to Detroit, objected to removal; objections overruled, Def. ordered to stand trial in Georgia. Oct. 1963: Dr. Anderson tried before all-white jury; jury disagreed. 1964: DC Mich accepted Def.-Anderson's plea of nolo contendere; sentence awaited. It is alleged that white jurors who voted to acquit Anderson have had their income tax returns under close scrutiny.

C. B. King, Esq., P. O. Box 1024, Albany, Ga.; Donald Hollowell, Esq., 859½ Hunter St. NW, Atlanta, Ga.

And see 55.68, 63.5, 304.21.

55.68.

U.S. v. Rabinowitz. (CA 5) 5 Negro Defs. and 1 white Def., all active in Albany voter registration work, indicted by fedl. grand jury for perjury before grand jury as to witnessing picket line against juror Smith's store (see Anderson, 55.67) and re attendance at alleged meeting in Atty. King's office (in King's absence) day before grand jury appearances. Papers filed: (1) subpena duces tecum to U.S. Atty. for matter obtained during grand jury investigation; (2) bill of particulars re events surrounding grand jury hearing; and motions: (3) to permit inspection of grand jury minutes; (4) to transfer trial of northern white SNCC worker (with supporting affidavits from profs. expert in race relations on probability of her obtaining fair trial in south); (5) to dismiss indictment—(a) improper jury selection for systematic exclusion of Negroes; (b) unauthorized person present in grand jury room when Def. called; (c) U.S. Atty. improperly inflamed jurors against white Def.; (d) alleged false testimony not on material matter, Def. not apprised of purpose of investigation; (e) offenses charged as separate counts actually all same, result in double jeopardy. Defs. released on $2500. bond. Oct. 1963: All pretrial motions having been denied, Def. Rabinowitz moved to waive jury; U.S. Atty. objected; DC denied motion. Oct.-Nov.: 5 Defs. tried before all-white juries; all convicted; 2 Defs.—366 days; 2 Defs.—suspended; Def.-Rabinowitz—30 days to 4 yrs. Issues on appeal: (1) improper method of selecting grand and trial jury panel; (2) right of Def. to waive jury. Nov. 16, 1964: appeal argued.

Victor Rabinowitz, Esq., 30 E. 42nd St., NYC; C. B. King, Esq., P. O. Box 1024, Albany, Ga. Amicus brief in support of Def.-Rabinowitz filed by 73 scholars: Ann Fagan Ginger, Laurent B. Frantz, of counsel, Berkeley, Calif.

Amicus brief in support of all Defs. by Samuel Rosenwein, Esq., and Ernest Goodman, Esq., for Natl. Lawyers Guild, 2801 Cadillac Tower, Detroit.

And see Anderson, 55.67, 63.5.

55.69.

New Jersey v. Whipper. (Elizabeth.) (Union Co. Ct.)

Aug. 5-22, 1963: Union Co. Civil Rights Coordinating Comm. picketed building sites protesting construction unions' discriminatory practices. 128 arrested. Aug. 22, 1963: 10 Defs. convicted; fines and 30 days suspended. Other cases pending.

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55.70.

New York City v. Defs. (App. Term) Jy.-Aug. 1963: Over 800 arrests at building sites in Brooklyn, Manhattan, Queens, Staten Island; charges: disorderly conduct, similar offenses. Jy. 24: Manhattan Crim. Ct. sentenced 5 Defs. to 30 and 60 days; motions for certificates of reasonable doubt granted; $1. bail pending appeal. Oct.: Kings Co. Crim. Ct. tried 8 minister-Defs. for disorderly; denied motion to dismiss on First and Fourteenth Amendment grounds (because prosecution of demonstrators, without concurrent prosecution of alleged offenders against FEPC Act in construction industry, was "uneven application" of laws). Oct. 11: Manhattan Crim. Ct., convicted 11 Defs.; 5 days or $25. Oct. 14: 4 sat in front of delivery truck at Foley Sq. fedl. bldg. project; arrested: disorderly, resisting arrest. Oct. 18: 3 CORE workers arrested at project for climbing on construction crane. Oct. 15, 1964: App. Term affirmed (2-1) as to 11 who sought to block construction at Rutgers H'g. Proj.; Hofstadter, J., diss.

And see Gaynor, 573.4a.

55.71.

Wisconsin v. 3 Defs. (Milwaukee.) (Milwaukee Co. Ct.) Aug. 29, 1963: Def.-CORE members arrested during sitin at Co. courthouse, demanding removal of member of Community Social Development Commission. Pending.

55.72.

Alabama v. 10 Defs. (Selma.) (Crim. Ct.) Dec. 1963: 10 Negroes arrested while distributing handbills urging boycott of downtown stores during holidays. Charge: printing, circulating boycott notice in violation of state law. Freed on $500. bond. (Police also raided SNCC, Negro printing co., "Freedom House," seized "Don't Buy Segregation" handbills.) Pending.

55.77.

City of Birmingham v. 2,500 Defs. (Jefferson Co. Cir. Ct.; Ala. Ct. of App.) Spring 1963: 2,500 Negroes arrested during civil rights demonstrations for: disorderly conduct, parading without a permit, trespass after warning. After U.S.S.C. decision in Peterson v. City of Greenville, 552.SC.8 (373 U.S. 244), trespass charges dismissed because of city ordinance requiring segregated eating places. Recorder's Ct. convicted most Defs. of other charges. On appeal to Cir. Ct., City Atty. nolle prossed many convictions, Cir. Ct. reversed some, affirmed others. Appeals from affirmances to Ala. Ct. of App. pending, see 55.77b-55.77h.

55.77b.

Shelton v. City of Birmingham. (Ala. Ct. of App.) (165 So.2d 912) May 7, 1963: Police closed several streets so that fire trucks and police vehicles could be used during civil rights demonstrations. Def. convicted: refusing to obey order of officer to get out of the street. August 18, 1964: App. Ct. affirmed.

55.77c.

Shuttlesworth v. City of Birmingham. (Ala. Ct. of App., #25988.) Conviction for parading without a permit. Appeal pending.

55.77d.

Fowkles v. City of Birmingham. (Ala. Ct. of App.) Conviction for breach of the peace. Brief filed. Pending.

55.77e.

Smith v. City of Birmingham. (Ala. Ct. of App.) Conviction for obstruction of sidewalk. Briefs filed. Pending.

55.77f.

Carter, Webster v. City of Birmingham. (Ala. Ct. of App.) Conviction for obstruction of public assemblage. Brief filed. Pending.

55.77g.

Clemons, Thomas v. City of Birmingham. (Ala. Ct. of App.) Conviction of trespass after warning. Aug. 18: Ct. of App. affirmed. No further appeal.

55.77h.

Cruikshank v. City of Birmingham. (Ala. Ct. of App.) Convicted of failing to obey order of policeman. Brief filed. Pending.

Billingsley and Shores, Esqs., Masonic Temple Bldg., 1630 4th Ave. N., Birmingham, Ala. NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.

And see 24.32, 63.7.

55.80.

Alabama v. Chace. (Tuscaloosa Co. Ct., ##14735-38; ND Ala., Civ. #64-260.) Apr. 23, 1964: 600 persons, mostly Negro, demonstrated against segregated rest rooms, etc., in new Tuscaloosa courthouse. Def.-white English prof. Stillman College, Tuscaloosa, singled out of picket line; arrested: unlawful assembly, vagrancy, resisting arrest, assault. Def. filed removal petition in DC; see 55.80 at 73. Pending.

Oscar W. Adams, Jr., Esq., 1630 4th Ave. North, Birmingham.

55.81.

Mississippi v. 25 Meridian Defs. (Meridian Muni. Ct.; Lauderdale Co. Ct.; SD Miss., Meridian Div., ##5168-5192.) June 13, 1964: Defs. began to picket Kress, Woolworth, Newberry's; arrested: obstructing the sidewalk (Ord. §28-10). Muni. Ct. found Defs. guilty. Defs. appealed to Co. Ct. for trial de novo. Bond: $200. each. Defs. filed removal petition in DC; see 55.81 at 73.

Don Loria, Esq., Cadillac Tower, Detroit; Charles Markels, Esq., 105 So. LaSalle St., Chicago; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

55.81a.

Brown v. City of Meridian. (CA 5, #21730) May 1964: Defs.-civil rights workers standing in front of five-and-dime store advising potential customers not to trade with store, arrested: 7 charged with breach of peace, 1 with interfering with another's business. June 10: 28 U.S.C. §1443 removal petitions filed. Police Ct. convicted Defs. See 55.81a at 73. for removal proceedings.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

55.82.

Mays and Galloway v. Mississippi. (Columbus City Ct.; ND Miss, #ECR-64-33) June 26, 1964: 7 Defs.-Negro civil rights workers handed out leaflet explaining provisions of 1964 Civil Rights Act; arrested: distributing leaflets without a permit, in violation of ordinance requiring written permission of the Chief of Police to distribute printed matter publicly. Bail: $400 each. June 29: Trial scheduled. One Def. taken to state prison before trial for violation of probation on previous burglary conviction. Two members of Miss. Bar objected to out-of-state lawyers' appearance. Cases continued to July 6. Ct. dismissed charges against all but 2, who filed removal petitions in DC; see 55.82 at 73. Bond: $400. Issues: prior restraint; lack of standards to guide police chief in issuing permits. City moved to remand. Pending.

Henry McGhee, Esq., 309 W. Jackson Blvd., Chicago; Ralph Shapiro, Esq., 9 E. 40th St., NYC; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

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55.83.

Mississippi and City of Greenwood v. Carmichael. (City Ct.; ND Miss., #GCR 6429) July 16, 1964: 98 COFO voter registration workers engaged in peaceful picketing at Leflore Co. Cthouse; arrested: violating House Bill 546, Mississippi Laws (April) 1964 prohibiting picketing or demonstrations which "obstruct" or "interfere with" either "free ingress or egress to and from any public premises . . . courthouses . . . etc. . . . or with free use of public streets adjacent or contiguous thereto." Bail: $100. for Miss. residents; $200. for non-residents. Defs. filed removal petitions in DC; see 55.83 at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans.

55.83aa.

Mississippi and City of Greenwood v. Weathers, Cole, Brooks. (City Ct., ##54840, 54841, 54844, 54848; ND Miss. 6435, 6437) These Defs. in 55.83 arrested: interfering with officer in performance of duty, assault and battery, vulgar language. City Ct. set $500. bail each; after removal, DC reduced to $100.

55.83a.

Mississippi and City of Greenwood v. Albertz. (City Ct., ND Miss., Greenwood Div., ##6436, 38, 39, 40, 41, 44, 45, 46, 47, 48, 51) July 1964: 14 cases involving COFO voter registration workers arrested on misdemeanor charges: assault, profanity and abusive language to policeman (Miss. C. §2291); improper license tag (§9352-24 to -51 Miss. Stat. 1942); reckless driving, parading without a permit (Miss. Bk. 53, p. 67); disturbing the peace (Miss. C. §2089-5, 1942); interfering with duties of police officer, contributing to delinquency of a minor (§7185-13, Miss. C. 1942); distributing leaflets without written permission of police chief or mayor in alleged violation of city ordinance, etc. All Defs. timely filed removal petitions in DC; see 55.83a at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

55.84.

City of Drew, Miss. v. McNair. (Muni. Ct.; ND Miss., ##6430-34) July 1964: 27 COFO workers held civil rights rally during voter registration drive; when church deacon ordered COFO workers out, they continued rally on vacant lot across street; lot owner ordered them off. As they touched the sidewalk, arrested: violation of 2 city ordinances forbidding (1) use of streets for any purpose but "normal, customary and usual pursuits" of everyday life, and requiring written permit from mayor or chief of police for parading or passing out leaflets (Muni. Ord., Oct. 22, 1963); (2) cursing, insulting, deriding, ridiculing, or using abusive language toward police (Miss. C. §2089-5). Defs. filed removal petitions in DC; see 55.84 at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

55.84a.

City of Drew, Miss. v. Burns, Tecklin, deMoss, Wallace. (Muni. Ct.) Aug. 14, 1964: Non-resident atty. told City Atty. 4 white COFO voter registration workers would live with Negro families. Aug. 14: Mayor Williford issued proclamation: any civil rights worker found in city limits after business hours would be held in jail overnight. Aug. 14: Defs. arrested, kept overnite, released.

55.84b.

Burns v. Williford. (Drew) (ND Miss., Greenville Div.) Aug. 24, 1964: Defs. in 55.84a sued Drew city officials alleging conspiracy to nullify constitutional rights and provisions of 1964 Civil Rights Act, and for injunction against enforcement of proclamation.

James B. Wilson, [Asst. Atty. Genl., State of Washington]; C. A. Frerichs, Esq., Waterloo, Ia.

55.85.

Cameron v. Johnson. (Hattiesburg.) (SD Miss., #1891-Civ.) (U.S.S.C.) Apr. 13, 1964: Pls.-civil rights leaders sued Def.-Miss. Gov. and other state officials to enjoin enforcement of new Miss. anti-picketing statute (House Bill #546), asked for 3-judge ct. Jurisdictional statement being prepared for U.S.S.C.

Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans; Dixon L. Pyles, Esq., E. Pearl St., Jackson.

55.86.

Mississippi v. Hosmen and Mory. (Canton) (Muni. Ct.) May 28, 1964: During voter registration demonstration, 50 Negroes and 2 whites from Natl. Council of Churches arrested: parading without a permit; $500. bond each. Defs. held, unable to learn charges or see attorney who came to jail to confer. Pending.

Carsie Hall, Esq., 115½ N. Farish St., Jackson.

55.87.

Michigan v. Chester. (Detroit Rec. Ct., #197472, Mis.) (Mich. Sup. Ct., #50670½) 1963: During picketing at bank protesting racial hiring policies, 40 arrested. During jury selection, Defs. objected to D.A. using peremptory challenge to Negro jurors; Ct. refused to permit defense counsel to make motions for mistrial or to make separate record. Counsel field petition for superintending control in Mich. Sup. Ct. Jan. 14, 1964: Sup. Ct. ordered mistrial declared and case reassigned to different judge.

George Downing, Michael Wahls, Joseph Brown, Esqs., Detroit.

55.88.

North Carolina v. Fox. (Greensboro) (N.C. Sup. Ct., #577) (136 SE.2d 761) Defs.-Negroes sat in middle of street during demonstration; arrested: blocking street without a permit; convicted. Spring 1964: N.C. Sup. Ct. granted nonsuit; held ordinance did not apply.

JACKSONVILLE, FLORIDA CASES:

Spring-Summer 1964: Negroes protested public and private discrimination in series of night marches to old slave market downtown. First march without incident; second heckled, third attended with violence, including shotgun blasts at white leader of march. On fourth night, police halted demonstration. Several Klan meetings held, calling for blood and assertion of white supremacy, during which Negroes publicly beaten. Many arrests during swim-ins, tests of equal service in local stores, and preparation for St. Augustine's Quadricentennial Celebration.

55.89.

Florida v. Robinson, Dawson, Johnson. (St. Augustine) St. John's Co. Judge's Ct.) 85 Defs. arrested during sit-ins: trespass, conspiracy. 150 Defs. arrested during riot: unlawful assembly, breach of peace. Petitions for habeas and bail filed in DC. See 55.89 at 73.

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55.89a.

Florida v. Davidson. (St. Augustine) (St. John's Co. Judge's Ct.) Mar. 30, 1964: Def.-white minister picketing against segregation surrounded by whites, burned with cigarettes. Police officer present, warned Def. if he stopped moving, he would be arrested. Whites blocked Def. Def. arrested: blocking public sidewalk, interfering with lawful orders of officer. Trial pending.

55.89b.

Florida v. 88 Defs. (St. Augustine) (St. John's Co. Judge's Ct.) Mar. 31, 1964: Def.-high school students en route to protest meeting arrested: unlawful assembly, inciting to riot. Pending.

55.89c.

Young v. Davis, Sheriff. (St. Augustine) (MD Fla., Jacksonville Div., #64-133-Civ.-J) (9 RRLR 590, 1515) Negro-Pl. brought class action under Civil Rights Act for injunction claiming First Amendment violation. June 9, 1964: DC held restriction of night marches unconstitutional as prior restraint, enjoined Defs. from enforcing police orders. June 15: Gov. declared state emergency, established "special police force" to make arrests and maintain "order." June 20: Gov. ordered demonstrations to cease between 8:30 p.m. and sunrise. June 22: DC ordered Defs. show cause why they should not be held in contempt. Jy. 2: DC quashed order.

Report: Rev. Cheney, Eyewitness report of KKK meeting. Sept. 1964. S. Christian Leadership Conf., Report to OAS on Demonstrations.

And see 55.89 at 73., 401.16, 553.Fla.2.

56. Against and Concerning Minors (see also 430)

56.10.

White and Cromwell v. Maryland. (Cambridge.) (Md. Ct. of App.) (192 A.2d 777, 194 A.2d 88) Summer 1963: Dorchester Co. Cir. Ct., acting as Juvenile Ct., adjudged 2 Negro minors delinquent. Oct. 8: Md. Ct. of App. reversed, held Defs. denied procedural due process by introduction of prejudicial and irrelevant evidence; released Defs. on condition they not participate in further demonstrations. Def's. motion to set aside conditions field.

56.11.

Florida v. A.N.E. (St. Augustine.) (Juv. Ct.; Fla. Dist. Ct. of App., ##E-318—E-321; Fla. Sup. Ct., #33040.) (156 So.2d 525; 158 So.2d 513) July 19, 1963: Juv. Ct. ordered St. Augustine Chief of Police, St. Johns Co. Sheriff and other police officials to bring before him (with their parents) all juveniles found picketing or demonstrating at local businesses; found such activity "detrimental to the health, morals and well being" of juveniles, hence within jurisdiction of ct. to supervise; sent letter to all known local NAACP officials advising them of its action. July 21: Defs.-four Negro juveniles (14 and 16) ordered to appear in Juv. Ct. July 24: After hearing, Juv. Ct. found Defs. had caused breach of peace and violated Fla. trespass law by refusing to leave restaurant when ordered to do so by manager; found Defs. delinquent; ordered them committed to state detention schools when their parents refused to accept condition that Defs. not demonstrate. DC Fla. denied petition for habeas corpus writ for failure to exhaust state remedies. Sept. 3: Defs. moved in Dist. Ct. of App. for release on bail pending appeal; parents now ready to accept conditions. Sept. 11: D.C.A. remanded to Juv. Ct. for consideration of terms of probation. Dec. 1963: Defs. petitioned Fla. Sup. Ct. for habeas corpus, citing delay in Juv. Ct. proceedings. Sup. Ct. (sub nom. Florida ex rel. Singleton v. Walters) dismissed petition: Defs. can get all relief they seek in pending Juv. Ct. action. Juv. Ct. released Defs. pending appeal from its order, on condition Defs. not demonstrate. June 15, 1964: Dist. Ct. of App. dismissed Defs.' appeal from Juv. Ct. adjudication of delinquency: "appellate procedure not complied with." July 3: Defs. petitioned Ct. of App. for clarification of basis of dismissal. Pending.

NAACP Legal Defense & Educ. Fund, 10 Columbus Circle, NYC.

And see Singleton, 553.Fla.2.

56.12.

Alabama v. Defs. (Selma.) (Dallas Co. Juv. Ct.) Sept.-Oct. 1963: During demonstrations for voter registration, juveniles arrested; charge: delinquency. Convicted; 1 yr's. probation. 3 adult Defs. arrested; charge: contributing to delinquency of minor; convicted; 1 yr. at hard labor, $300. and $1,000. peace bond (see 59).

NAACP Legal Defense & Educ. Fund, NYC.

And see cases at 51.45.

56.13.

City of Americus v. 32 Defs. (Sumter Co., Ga.) (Crim. Ct.) Sept. 1963: Def.-Negro children, in boycott of school to protest arrests and brutality by other youth, marched around Staley Jr. High. Arrested. City ordinance requires arrested persons to pay $23.50 fee plus $2/day board. Pending.

56.14.

Florence v. Myers. (Ocala) (MD Fla., #64-3-Civ.-Ocala.) Dec. 20, 1963: Def.-Judge Myers, Marion Co. Juv. Ct., enjoined juveniles from picketing and demonstrating without written consent of Juv. Ct., directed anyone found violating injunction brought before Juv. Ct. Pls.-Negro juveniles and parents sued in DC to enjoin enforcement of Juv. Ct. order (28 U.S.C. §1343(3); 42 U.S.C. §§1981, 1983). Jan. 22, 1964: DC (Simpson, J.) held: (1) Defs.-city and Co. officials proper party Defs.; (2) order of Def.-Myers, issued without notice or hearing, contravened Pls.' First Amendment rights. Jan. 31: DC issued preliminary injunction declaring Juv. Ct. order void, enjoined Defs. from enforcing it.

Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa; Harrison E. Hill, Esq., W. Broadway, Ocala, Fla.; Joseph Hatcher, Esq., Daytona Beach, Fla.

And see St. Augustine cases, 401.14.

57. Against Vagrancy
Case note: Possession of money as a defense to a charge of vagrancy: Fonte v. Tennessee (373 SW 2d 445, Tenn. 1963) 16 Alabama 480-86.

57.3.

Louisiana v. Trumpower. (E. Baton Rouge Crim. Dist. Ct.) 1962: Def.-white CORE member arrested for using Negro women's restroom in courthouse; charge: vagrancy. Ct. granted Def's. motion and State ordered to amend information. Charge: vagrancy by refusing employment when offered and by loitering in public place (courthouse) without being able to account for her presence there. Motion to quash pending.

Bruce C. Waltzer, Esq., 1006 Baronne Bldg., 305 Baronne St., New Orleans, for La. CLU.

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57.4.

Georgia v. Sherrod and Allen. (Dawson.) Aug. 1962: Def.-SNCC workers accompanied 5 Negroes to voting registrar's office; arrested. Charge: vagrancy. $500. bond each. Pending.

And see 55.37-55.66.

57.9.

California v. Sandness, Hill. (Calif. Sup. Ct.) June 3, 1963: Defs. arrested for "loitering" in area "normally used by school children and parents with small children," a public park (Pen. C. §647(a)(2).) Jy. 22, 1963: Muni. Ct. sustained demurrer, held statute unconstitutional: too broad, vague, indefinite, violative of due process. Mar. 1964: Super. Ct. reversed (2-1), certified case to DCA, which affirmed Muni. Ct. on demurrer, construing statute narrowly so as not to apply to Defs.' conduct. Both sides' appeals pending.

Marshall W. Krause, Esq., 503 Market St., San Francisco for N. Calif. ACLU.

57.10.

City of Albany v. Harris. (Dougherty Co. Super. Ct.) July 5, 1964: Defs.-SNCC workers refused admission to local swimming pool; asked manager reason for exclusion; arrested at manager's request. July 9: Rec. Ct. convicted Defs. of "idling, loitering and loafing," denied motions to dismiss based on 1964 Civil Rights Act and other constitutional grounds. Appeal pending: (1) Whether Defs. can be convicted solely on evidence of refusing to leave private property promptly when told to do so; (2) whether ordinance, as applied to Defs.' conduct, is void for vagueness; (3) whether it was error for Rec. Ct. to deny Defs.' counsel chance to cross-examine pool owner and present other evidence to bring his business within 1964 Civil Rights Act, Title II; (4) whether state, through its police and courts, are denying equal protection by arresting and prosecuting Defs.

C. B. King, Esq., Box 1024, Albany, Ga.

58. Against Trespassing (see also 541, 542, 551, 552)

58.3.

Alabama v. Zellner. (Talladega) (Alabama Sup. Ct.) Apr. 27, 1962: Def.-field secy. for SNCC arrested while getting into an auto to attend SNCC conference in Atlanta. Charge: conspiracy to violate Ala. trespass laws; $2,500. bond. May, 1962: convicted after trial; 6 mths. or $500. Bail $1,500. pending appeal. Intermediate Ct. affirmed. Appeal pending.

Orzell Billingsley, Jr., Esq., 1630 4th Ave. N, and Peter Hall, Esq., Masonic Temple Bldg., both of Birmingham.

And see 55.18, 63.2.

58.6.

Alabama v. Student Defs. (Huntsville.) (Ala. Ct. of App.) Jan. 1962: 14 Negro students (Ala. A. & M. College) arrested during sit-in at Walgreen's; charge: trespass. Convicted; 3 mths. and $100. fine each. One Def. also convicted of assault and battery. Cir. Ct. affirmed. Appeal pending.

NAACP Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.

58.7.

Ohio v. Schlesinger. (Xenia.) (Greene Co. Com. Pleas Ct., ##9850-9866) May 18, 1963: 19 Antioch students arrested for sit-in at Gegner barber shop (see 553.Ohio.1); charge: trespass. Aug. 1963: 2 (1 Negro) acquitted; 17 convicted: $35., 30 days (suspended). Issues on appeal: Whether, in a state with a Public Accommodations Act providing remedies for its violation, persons refused service because of color can stage a sit-in to enforce their rights. Pending.

Asher Bogin, Esq., American Bldg., Dayton.

See 553.Ohio.1.

58.12.

Georgia v. Rev. A. Jones. (U.S.S.C., #506) June 30, 1963: White Calif. minister, 67, and 3 Negro and white youths attempted to enter Atlanta First Baptist Church on integrated basis; refused admittance; police called; arrested: disturbing divine worship (1792 act). Defense counsel moved to disqualify Judge Pye; motion denied, counsel charged with contempt. Def. convicted; 18 mths. (part at hard labor) and $1,000. Ga. Sup. Ct. affirmed. Aug. 16, 1964: Petition for cert. filed in U.S.S.C. Issues: (1) is Ga. Code §26-6901 unconstitutional on its face; (2) are prejudice and bias of state trial judge a violation of 14th Amendment?

Donald L. Hollowell and Howard Moore, Esqs., 859½ Hunter St. NW, Atlanta.

58.13.

Georgia v. Rev. A. Jones, et al. (ND Ga., Atlanta Div.) Fall 1963: 57 Defs., whites and Negroes, attempted to integrate restaurant; arrested: trespass. Some tried in Fulton Co. Super. Ct.; convicted; 18 mths. and $1,000.; (appeal bond: $15,000.) All cases removed to fedl. DC. Pending outcome of Rachel, 58.21.

Donald L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta.

58.14b.

U.S. v. Whittlesey. (Dist. of Col. Ct. of Gen. Sess., Crim. #9415-63) Nov. 8, 1963: 8 Defs., including two clergymen, arrested for refusing to leave lobby of Franklin Univ. School of Accounting (private) until school officials agreed to discuss discrimination. Mar. 18, 1964: Jury found Defs. guilty. Defs.' motions for new trial or acquittal pending. Issue: State action in aid of private discrimination, relying on Shelley v. Kraemer.

Scupi and Witt, Esqs., 600 F St. NW, Washington, D.C.

SAN FRANCISCO CASES:

58.15.

California v. Hallinan. (San Francisco Muni. Ct., #H 65768, J 65805 - H 65826.) Nov. 2-3, 1963: Negro and white youth (Ad Hoc Comm. To End Discrimination) satin at Mel's Drive-In to protest discriminatory hiring practices; 59 arrested: trespass (Pen. C. §602) and disturbing the peace (Pen. C. §415). Contract signed between Mel's chain and Ad Hoc Comm.; some Negro carhops, bartenders hired immediately. Defs.' demurrer filed; pending.

58.16.

California v. Bradley, Gregory. (San Francisco Muni. Ct., ##J 14447, 14140.) Feb., 1964: Hundreds peacefully picketed Sheraton-Palace Hotel to protest discriminatory hiring practices; no arrests. Injunction issued limiting pickets. Mar. 1: Picketing Hotel, 88 arrested: resisting arrest (Pen. C. §148). Mar. 2: Criminal contempt charges filed (Pen. C. §§166.4, 166.5). Defs. filed motion to dismiss or for indefinite continuance because newspaper accounts of statements of state and city officials condemning pickets made fair trial impossible; no ruling. Apr. 3: Ct. dismissed contempt charges because restraining order (63.16) void (under C. of Civ. Proc. §527.) Defs. tried on other charges in groups of 10. See summary at 58.18.

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58.17.

California v. Sims. (San Francisco Muni. Ct., ##J 15591, 15602-15701.) Mar. 6-7, 1964: Thousands demonstrated in front of Sheraton-Palace Hotel and in lobby, slept-in; negotiations in progress between S.F. Hotel Assn., United Freedom Movement and Ad Hoc Comm. Mar. 7: When hotel refused to sign, some pickets sat down, locked arms next to main entrance; 171 arrested (9 juveniles): disturbing the peace (Pen. C. §415); other pickets remained. Agreement signed. Defs. demurrer that statutes unconstitutionally applied to civil rights demonstrations denied; motion for dismissal or indefinite continuance because publicity made fair trial impossible denied; motion to disqualify 2 judges denied on procedural grounds (Civil Proc. C. §§170, 446, 2015.5). Defs. tried in groups of 10. See summary of verdicts in 58.18.

58.18.

California v. Burbridge. (San Francisco Muni. Ct., #J 24265.) Mar. 16, 1964: Thousands of whites and Negroes picketed outside, sat-in at Cadillac showroom protesting discriminatory hiring practices, allegedly refused to leave when ordered by police, 107 arrested: trespassing (Pen. C. §602), disturbing the peace (Pen. C. §415), unlawful assembly (Pen. C. §407), present at place of riot when ordered to disperse (§409). Agreement signed between S.F. Motor Car Dealers Assn. and NAACP. All defense motions (see 58.17) denied. April 13: 226 arrested. Trials in groups of 10. Apr. 22: 10 Defs. in 58.17 moved for order requiring transcript prepared of portion of proceedings in another trial of 58.17 Defs., so defense attys. could more effectively cross-examine prosecution witnesses who had testified at other trials. Muni. Ct. (Ames, J.) granted motion. Judge in other dept. (Lawless, J.) ordered his reporter not to provide transcript. Apr. 24: Defs. sought prohibition in Super. Ct.; denied. May 1: Asst. DA allowed to interrupt four pending trials for short "Law Day Address" on need for law and order. Defs. objected, moved for mistrial; denied. In all trials, Defs. submitted instructions on malice, on fact Defs. demonstrating in favor of declared state public policy, on First Amendment issues (Edwards, 372 U.S. 229); most such instructions denied. After several acquittals and hung juries in trials where Negro jurors were seated, prosecuting attorneys began peremptorily challenging Negro jurors; 10 Defs. filed removal petition in DC; DC granted motion to remand. In many cases, judges insisted Defs. be present throughout trials, despite usual practice to the contrary in misdemeanor cases; hence, many Defs. lost jobs, flunked courses. 4 lawyers (3 Negro and 1 white) cited for contempt during trials; most charges dism'd. at end of trials. As of July 1: charges against 17 Defs. dismissed for prosecution inability to make positive identification; 88 Defs. pleaded nolo contendere; 212 convicted, 46 acquitted, 108 hung jury verdicts. 29 retried: 10 convicted, 19 hung jury verdicts. Of 161 sentenced on nolo pleas and convictions: modal sentence—30 days and $56 to $200 fine; mean sentence—24 days and $79. All sentences heavier than for non-civil-rights misdemeanant-first-offenders. 5 Negro-Defs., leaders, given heavier sentences than co-defendants. Nolo sentences much lower than others. Appeals to be taken. Counsel in San Francisco cases: Terry A. Francois and Willie Brown, Esqs., 2085 Sutter St.; John E. Dearman, Esq., 683 McAllister St.; Garfield Steward, Esq., 2006 Sutter St.; Joseph Williams, Esq., 995 Market St.; Beverly Axelrod, Richard Werthimer, Vincent Hallinan, Patrick S. Hallinan, Esqs., all of 345 Franklin St.; Francis McTernan, Esq., 341 Market St.; Allan Brotsky, Esq., 45 Polk St.; Jerrold E. Levitin, Esq., Penthouse, Whitcomb Hotel; Joseph Filippeli, Esq., 1606 Stockton St.; Norman Leonard, Esq., 240 Montgomery, all of San Francisco; Malcolm Burnstein, Esq., 1440 Broadway, Oakland; Alexander P. Hoffman, Esq., 1166 Keeler St., Berkeley.

Michael Berger, Esq., 1255 Post St.; Jack Berman, Esq., 995 Market; Frank Brann, Esq., Flood Bldg.; James Carter, Esq., 260 California St.; Ben Davis, Esq., 1095 Market; Herbert Donaldson, Esq., 333 Franklin St.; Hartley Fleischman, Esq., 593 Market; Aubrey Grossman, Esq., 1095 Market; Gordon Gaines, Esq., 123 2d Ct.; Frank Gentes, Esq., 737 Wisconsin St.; James H

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CIVIL LIBERTIES DOCKET
Vol. X, No. 1
November, 1964
$10.00 per year