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CIVIL LIBERTIES DOCKET
Vol. X, No. 2
April, 1964
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The DOCKET is published three times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor

I. FREEDOM OF EXPRESSION AND ASSOCIATION (FIRST AMENDMENT LIBERTIES) (0-299)

UN DECLARATION OF HUMAN RIGHTS:

Art 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Art 28: Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Art 29: (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Art 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

GENERAL CONSTITUTIONAL MATERIAL:

Article: Dean Alfange, Jr., Balancing of interests in free speech cases, 2 Law in Trans Q 35.

Homage: To Alexander Meiklejohn, Champion of the First Amendment, by: Baldwin, Barth, Bixler, Black, Buchanan, Burgess, Cohen, Corcoran, Emerson, Frantz, Joughin, Kalven, Kent, Klein, Lamont, Nason, Plimpton, Powell, Tussman, Weiss; Rights, Feb 1965; ECLC, 421 7th Ave., NYC.

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99) See also Association (200-299)
10. Licensing
11. Of Meetings (see also 201)
12. Of Motion Pictures (see also 52)

12.10. Gate Film Club v Pesce (USSC, #339) Mar 16, 1964: Pl, exhibitor, deliberately failed to obtain motion picture license under NY Educ Code, to test its constitutionality. Licensing officials threatened prosecution unless license first obtained; Pl canceled showing though no issue of obscenity. SD NY held state license provision does not abridge 1st Amdt. Oct 12, 1964; USSC denied Pl's petition for cert.

Emanuel Redfield, Esq., 60 Wall St., NYC.
12.11. Landau v City of Berkeley (Calif Dist Ct of App) Winter 1964: Pl, exhibitor, canceled showing of Genet's film "Un Chant d'Amour" under police threat of arrest and confiscation; sued to enjoin police interference. Super Ct held it had no power to issue preliminary injunction. Calif Sup Ct denied hearing on writ of mandate to compel issuance. Feb 18, 1965: Super Ct denied injunction; held film obscene, despite expert testimony on artistic value and social importance of depicting prison conditions. Appeal pending.

Albert Bendich, Esq., 2890 Telegraph Ave., Berkeley, and Neil F. Horton, Esq., for ACLU of N. Calif.
12.12. Trans-Lux Distributing Corp v NYU Bd of Regents (USSC, #314) (198 NE2d 242) Def refused to grant license to Pl to exhibit Danish film, "A Stranger Knocks" because of 2 scenes of sexual intercourse. Pl sued. NY Ct of App affd denial of license. Mar 15, 1965: USSC reversed, per curiam, citing Freedman, 52.76.

Harry I. Rand, Esq., 1501 Broadway, and Leonard Dickstein, Esq., 20 E. 46th St., both of NYC.
13. Of Peddlers
14. Of Books, Magazines (see also 52)

14.9. Massachusetts Atty Gen v Book Named "Tropic of Cancer" (Mass Sup Jud Ct) Sept 1961: Atty Gen sued to have novel adjudged obscene. Suffolk Co Super Ct found it "obscene, indecent, impure." Jan 8, 1965: Appeal argued. Decision awaited.

Charles Rembar, Esq., 521 Fifth Ave., NYC.
14.11. Grove Press, Inc v Calissi, Bergen Co Pros (USSC)*
14.15. Larkin v G. P. Putnam's Sons (NY Ct of App) (200 NE2d 760) Facts: X DOCKET 2. July 10, 1964: Ct of App (4-3) reversed, held "Fanny Hill" not obscene.

See 14.19.
14.19. G. P. Putnam's Sons v Calissi, Bergen Co Pros (Hakensack) (NJ Super Ct, Chanc Div) June 1964: Pl, publisher, sought to enjoin enforcement of ban on sale and distribution of "Fanny Hill." Dec 7, 1964: Ct denied injunction, held book obscene under 4 tests: "social value," "prurient interest," "patently offensive," and "hard core pornography"; the Constitution "must be the shield to protect our sense of moral decency." Appeal pending.
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15. Of Miscellaneous Activities

15.5. FCC v Palmetto Broadcasting Co (USSC) Facts: X DOCKET 2. Cite for cert denied: 379 US 843.
15.8. Canon v Justice Court (Calif Sup Ct.) Facts: X DOCKET 2. Cite: 393 P2d 428.
15.10. Goldwater v FCC (USSC) Facts: X DOCKET 2. Cite for cert denied: 379 US 893.
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster
UN DECLARATION OF HUMAN RIGHTS:

Art 19: Everyone has the right . . . to seek, receive and impart information and ideas . . . regardless of frontiers.


22.15. Heilberg v Fixa (USSC, #848) (236 F Supp 405) Facts: X DOCKET 2. Nov 27, 1964: 3-judge ct held 39 USC §4008 unconstitutional violation of 1st Amdt; enjoined enforcement; granted stay. Feb 1, 1965: USSC noted probable jurisdiction on Govt's appeal; placed on summary calendar with Lamont, 22.18. Feb 24, 1965: US Post Office announced revision of policy of compiling lists of those who express wish to receive foreign "communist" mail, and of releasing lists to HUAC and others.
22.18. Lamont d/b/a Basic Pamphlets v Postmaster Gen (USSC, #491) (229 F Supp 913) Facts: X DOCKET 2. Dec 7, 1964: USSC noted probable jurisdiction. Feb 1, 1965: USSC ordered argued with Heilberg, 22.15; parties to discuss merits and mootness.
23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281, 342, 571)
Article: William W. Van Alstyne, Student academic freedom and the rule-making powers of public universities, 2 Law in Trans Q 1.

Booklet: Democracy on campus: Editorial; Les Colman, The criteria of democracy; Provisional platform, Berkeley's free speech movement; Student bill of rights, Univ of Chicago; A. Krebs, Professor's story; C. Clark Kissinger, Organizing the knowledge industry; Joyce DeGroot, Persecution in Bloomington; Frank Donner, Political surveillance and informing on the campus. Rights, ECLC, 421 7th Ave., NYC, 31 pp, 25c.


24.31. Finot v Pasadena Bd of Educ (2d Dist Ct of App, Civ #29176) Facts: X DOCKET 3. Correction: 1963: Pl, teacher, transferred to nonclassroom job for wearing beard. Appeal pending.
24.35. Williams v Sumter School Dist No 2 (ED SC, #AC-1534) Facts: X DOCKET 3.* Correction: Counsel: Jenkins & Perry, Esqs., 1107½ Washington St., Columbia; Donald James Sampson, Esq., 125½ Falls St., Greenville; Ernest A. Finney, Jr., Esq., 16½ W. Liberty St., Sumter, S.C.
24.36. Kline v Myerson, Chancellor (Alameda Co) (Super Ct, #349028) Nonstudent arrested for holding up sign with "obscene" word on it. (See California v Thompson, 52.78.) Pls arrested for using same word at rally in defense of Thompson. Mar 19, 1965: Def Univ began disciplinary proceedings against Pls. Mar 29: Super Ct granted preliminary writ of prohibition restraining proceedings on campus. At hearing to show cause, Pls alleged (1) denial of right against self-incrimination, (2) 1st Amdt liberties, (3) distinction between privileges and rights is obsolete, (4) doctrine of unconstitutional conditions, (5) due process rights of students. Preliminary writ denied. No appeal.

Peter Franck, Esq., 2890 Telegraph Ave., George Lydon, Esq., 2975 Sacramento St., both of Berkeley.

See also California v Thompson, 52.78.
24.37. California v Savio (Univ of Calif—Berkeley) (Berkeley-Albany Muni Ct, ##C 7468-7547) Sept 21, 1964: Univ administration announced new rules prohibiting on-campus solicitation of funds or recruitment of students for off-campus political activity. After negotiations, demonstrations, disciplinary actions, Dec 2: 1000 Free Speech Movement members entered Univ administration bldg to stay. Dec 3: Gov Brown took charge from Sacramento; 3:30 a.m. Chancellor ordered students to leave or face arrest; many students went limp. 700 police from 2 cities and state highway patrol dragged out and arrested 780 students; charges: trespass in public building (Pen C §602(o)), failure to disperse (§409), resisting arrest (§148). Dec 4: student and teaching assistant strike.

Dec 8: Univ Academic Senate (of tenure profs) voted 824-115: (1) all Univ restrictions on content of speech or advocacy should end, (2) student discipline should be in hands of faculty comm, (3) no Univ action should be taken against students involved in current protests.

Jan 26, 1965: Defs filed notice that pending case may constitute a "big case," citing US Judicial Conf Handbook on Big Cases, 25 Fed Rules Decisions 351; filed demurrer alleging statutes on their face and as applied (1) deny due process and equal protection because arbitrary and vague; (2) deny free speech, impose prior restraints, limit academic freedom under US and state constitutions, with brief discussing nature of civil disobedience; filed motion for pretrial hearings and consolidation of cases, with long brief on (1) need for joint trial to insure justice to Defs, in public interest, in interest of administration of justice—rather than ct-proposed 80 trials of 10 Defs each; (2) need for pretrial in this crim case as in civil cases, tho not given by statute; (3) statutory history and construction show statutes here not intended to apply to mass student sit-in of Univ bldg, with proposed agenda for pretrial conf. Ct overruled demurrer, granted limited pretrial on basis of ct's inherent power.

65 Defs pleaded nolo; to be sentenced.

State rejected Defs' request for 1 mass jury trial, for 1 representative jury trial; agreed to 1 nonjury trial of 150 Defs, other cases to await decision. Apr 1: trial commenced.

Malcolm Burnstein, Esq., 1440 Broadway; John J. Dunn, Esq., 1924 Broadway; Stanley P. Golde and Howard Jewel, Esqs., Latham Square Bldg.; Joseph Landisman, Esq., Am. Trust Bldg.; and Milton Nason, Esq., Latham Square Bldg., all of Oakland; Prof. Richard M. Buxbaum, UC Law School, and Henry M. Elson, Esq., 2020 Milvia, both of Berkeley; Norman Leonard, Esq., 1182 Market, San Francisco; and many other volunteer attorneys, for shorter periods.

See A suggestion for dismissal—containing faculty documents and creative analysis of current academic freedom problems, filed Jan 1965 by 210 Profs, incl Prof Jacobus tenBroek, UC Poli Sci Dept, Berkeley, from whom copies may be ordered.

And see Savio, 401.23.
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24.38. McCoy v La Bd of Educ (CA 5, #21567) (332 F2d 915) Dec 5, 1964: Pl Negro student in desegregation suit, 522.La.18, suspended from college as result of arrest for "battery" after beating of Pl by number of white persons. Dec 18: Pl filed motion for additional relief. Dec 31: CA ordered Pl conditionally reinstated pending hearing Jan 11, when all charges dropped. Feb 9: order vacated after Pl dropped from school for academic deficiency.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans.
25. On Miscellaneous Activities

25.11. Belshaw v City of Berkeley (Alameda Co Super Ct, #338851) Facts: X DOCKET 3.* Dec 31, 1964: Super Ct granted writ of mandate to vacate suspension and expunge record, judgment for $668 back pay; held personnel regs, as applied, violate due process for vagueness; suspension violates 1st Amdt. Def's appeal pending.
25.12. Forstner v Civil Service Comm (Calif Dist Ct of App) Facts: X DOCKET 3.* Correction: Not in fed DC; DCA denied supersedeas, Pl remained on job pending appeal. Pending.
25.13. Roberts, Major v Stahr (CA DC, #17801) 1962: Pl dismissed from Army for unauthorized speech to DAR convention criticizing govt officials. DC dismissed Pl's request for reinstatement. CA held: Pl fired without procedural safeguards, but did not rest on due process; valid dismissal required: "(1) secretarial approval of processing . . ., (2) screening by headquarters, (3) review by the Army Active Duty Bd, and (4) final approval by the Secretary."

Oliver Gasch, Esq., G. Bowdoin Craighill, Esq., Caesar L. Aiello, Esq., Washington, D.C.

Monroe H. Freedman, Esq., for amicus ACLU.
30. Economic Restrictions (see also 251, 261, 268, 281)

30.1. Independent Productions Corp and I.P.C. Distributors, Inc v Loew's, Inc (SD NY, Civ #110-304) Facts: X DOCKET 4. Oct 1964: Jury verdict for Defs. No appeal.
30.13. Turn Toward Peace v Al Molaikan Temple (L.A. Muni Ct, #908264) Facts: X DOCKET 4. Muni Ct ruled for Def. Appeal pending.
40. Contempt (see also 63, 330s)
41. Of Federal Courts

41.3a. US v Barnett (CA 5) Facts: 41.3, at X DOCKET 4, 1962: 4 crim contempt charges against Def, Gov, during Meredith's attempt to enter Univ of Miss, 522.Miss.1. Dec 31, 1964: US moved to dismiss 2 counts charging failure (1) to execute responsibility to maintain law and order; (2) to maintain order Sept 30, 1962. Pending.
41.4. New York v S. Bonanno (SD NY) Dec 1964: Def, son of reputed underworld figure (see Bufalino, 314.4), called father's atty to inform him father alive. Jan 1965: Def refused to tell father's whereabouts to grand jury, claimed atty-client privilege. Mar 2: DC held privilege not valid since atty represented father, not Def; sentenced Def to indefinite term for civil contempt, rejected plea for criminal contempt.

Albert J. Krieger, Esq., 401 Broadway, NYC.
41.5. Pls and US v Maddox (ND Ga, Atlanta Div) Facts: Pickrick, 552.Ga.16 at X DOCKET 78. After DC issued injunction under 1964 Civil Rights Act, Def closed restaurant-corporation, reopened with different name under personal management, continued discrimination. 4 Negroes sued, alleging denial of service, pushing. US intervened. Feb 5, 1965: DC (Hooper, J) convicted Def of civil contempt; fined $200 per day until ceases discrimination or closes cafe.
41.6. US v Keyes, Bassin (ED Mo) Supporters of Conscientious Objectors on trial for failure to report for induction (see Goddard, 122.35) stood up in court, announced they were CO's too and demanded equal treatment. Judge ordered them to be seated. Defs went to judge's chambers, were forcibly removed by US Marshalls. Cited for contempt as judge had declared his chambers off-limits; 6 mos.

St. Louis Civil Liberties Comm., 933 Lay Rd., St. Louis.

And see Sturgis, 371.10, and cases at 120s.
42. Of State Courts

42.12. Holt and Dawley v Virginia (USSC, #464) (136 SE2d 809, c.g., 379 US 957) Facts: X DOCKET 4. USSC granted cert. May 1965: Argued.
42.18. New Mexico v Morris, Harrison (Resp-Appellant) (NM Sup Ct, #7684) Facts: X DOCKET 4.*

Amicus appearances by William Schaab, James Sidwell, Paul A. Phillips, Esqs., all of Albuquerque; Royall, Doegel & Rogers, Esqs., NYC; Seth Montgomery, Federici & Andrews, Esqs., Santa Fe.
42.20. Maryland v Murray (Baltimore Ct) June 2, 1964: Ct issued order restraining Def family (Pls in 111.22, 374 US 203) from having any contact with Jewish girl whose family objected to the erosion of her faith. Def-son married girl; Defs moved to Hawaii. July 22: Mrs. Murray and son tried in absentia; convicted of contempt: 1 yr and $500; 6 mos.
42.21. Kentucky v Taylor (Louisville Ct) 1964: Judge held city public accommodations ordinance unconstitutional; appeal pending. Defs arrested while testing segregation in public place. At trial, defense atty sought mistrial on ground that ordinance operative though appeal as to constitutionality pending. Judge asked if atty thought he could get a fair trial for his clients. Atty asked what would happen to him if he answered in negative. Judge declared mistrial, found atty in contempt.

Daniel T. Taylor, III, Esq., Louisville.
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42.22. Robinson v Alabama (Gadsden) (Ct of App, 7th Div, 747) (168 So2d 491) 1964: Cir Ct issued injunction against racial demonstrations; made oral order to arrest violators. Defs arrested: contempt. Oct 6: Ct of App held: warrant of arrest based on affidavits showing probable cause necessary to charge contempt; action of sheriff amounted to only informal citation to show cause; Cir Ct had no power to make anticipatory findings of contempt; Pets entitled to hearing before commitment for alleged contempt.

And see New York v Tepedino, 62.2.
42.23. Stallworth, Bevel, Goldsby v Clark (Selma) (SD Ala, ##3565, 3581, 3590-65) Jan 1965: 35 arrested for violating state ct injunction: contempt. Feb 8: DC, without hearing, denied petitions for habeas, denied stays pending appeal. DC signed certificates of probable cause. Feb. 11: CA 5 remanded to DC for immediate hearing or granting of stays. Defs released on $100 bail each.

NAACP Inc. Fund, 10 Columbus Circle, NYC.

And see other Selma cases: 51.45, 55.72, 55.101, 58.43, 59.35, 59.35a, 63.28, 63.28a, 580.10.
43. Of Other Agencies (see also 270s, 330s)
50. Criminal Sanctions
Paper: Chester M. Pierce and Louis J. West, M.D.s, Six years of sit-ins: Psychodynamic causes and effects. 13 pp. Am Psychiatric Assn, 1964.
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)

51.25. Rev Cox v Louisiana (USSC, #24) Facts: X DOCKET 5; addendum: Police Chief approved peaceful demonstration of 2,000 on west side of street near cthouse; 150-300 whites watched. Singing, clapping, Def's speech; teargas; all dispersed; no arrests. Def arrested next day. Jan 18, 1965: USSC reversed, Goldberg, J: (1) La statute on disturbing peace unconstitutionally broad; (2) Def's appeal to Negroes to sit in at lunch counters was protected free speech; (3) no violence by Negroes; (4) police could have handled hostile whites if necessary; (5) broad La statute on obstructing public passage provides no standards, no administrative regulations but officials permit some parades which obstruct streets in own unfettered discretion; (6) statute as applied unwarranted abridgment of Def's First Amdt freedoms. Black, J.; Clark, J., conc; White, J (Harlan, J) diss in part.

Carl Rachlin, Esq., CORE, 38 Park Row, NYC.

And see Louisiana v Cox, 51.25a, 53.5.
51.25a. Louisiana v Rev Cox (Baton Rouge) (USSC, #49) (158 So2d 172) (p.j.n. 377 US 921) Facts at 51.25, X DOCKET 5. Jan 18, 1965: USSC (5-4) reversed, Goldberg, J: (1) La statute, patterned after 18 USC §1507 to prohibit picketing of cthouses, valid on its face; (2) rejected Defs' no clear and present danger argument; (3) from 2,000 demonstrating at cthouse against "illegal" arrest of 23 students could infer intent to influence judges; (4) Def demonstrating near, not in, cthouse, with police permission; to sustain conviction would be sort of entrapment, citing Raley v Ohio, 360 US 423. Black J (White, Harlan, JJ) diss; Clark, J., diss.

Nils Douglas, Esq., 2211 Dryades St., New Orleans.
51.44. City of Plaquemine, La v Farmer (Muni Ct) Facts: X DOCKET 5.*

Murphy W. Bell, Esq., 971 S. 13th, Baton Rouge.
51.45. Alabama v 200 Defs (Selma) (Dallas Co Cir Ct, Ct of App) Facts: X DOCKET 5. On appeal, after trial de novo, parading without permit convictions affirmed. Other trials and appeals pending.
51.49. Pennsylvania v Anderson (formerly listed as Anderson v City of Chester, Pa) (Delaware Co Ct, ED Pa, ##21764-21787) Facts: X DOCKET 5.*

Profs. Anthony G. Amsterdam, Caleb Foote, and Bernard Wolfman, Esqs., 3400 Chestnut St., Philadelphia.
51.50. Pennsylvania v Dotort (Super Ct of Pa, #572) Facts: X DOCKET 5. Mar 19, 1965: Super Ct affirmed: case not reviewable on merits, no denial of due process in imposing penalty for violation of ordinance when Defs acquitted on common law charge arising out of identical act. Petition for cert pending before Pa Sup Ct.
51.53. California v Huss, Krauss, McLaughlin, Holstein, Reeves (Los Angeles) (2d Dist Ct of App, Crim #9930) Facts: X DOCKET 6.*

Ct-appointed: Thomas LeSage, Esq., 61 S. Lake St., Pasadena.
51.56. New York v Callender, Galamison (342 F2d 255) (USSC) Facts: X DOCKET 6 and 24 (at 73.) Jan. 1, 1965: CA 2 (2-1) remanded. Petition for cert pending.

John E. Silverberg, Esq., 15 Park Row, Carl Rachlin, Esq., 165 W. 46th St., both of NYC.

See removal aspects at 73., X DOCKET 101.

And see 51.56a, 58.24, 63.26.
51.56a. New York v Prinz, Officers, Am Jewish Congress (NYC Crim Ct, Queens Co ##B3244-B3256) Facts: X DOCKET 6. July 29, 1964: Ct found Defs not guilty: State involvement makes Fair sufficiently public for application of 1st and 14th Amdts; picketing peaceable, no likelihood of disorder.

And see 58.24.
51.62. New York v Boutelle (Harlem) 1964: City obtained injunction against public assemblages in Harlem during period of social disturbance. 54.9a at X DOCKET 10. Def, candidate for State Senate, attempted to address public in streets. Arrested: disorderly conduct. At trial: acquitted.

Nanette Dembitz, Esq., for NYCLU, 156 Fifth Ave., NYC.
51.63. New York v Callender (NYC Crim Ct) July 15, 1964: Def, CORE chairman, with CORE-member undercover police agent, attempted to make citizen's arrest of NYC Mayor Wagner for misappropriation of public funds by expenditures on construction projects that discriminate against Negroes in employment, despite city and state FEP laws. Arrested: disorderly conduct. Nov 25: convicted; 60 days.
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51.64. Michigan v David and Higgins (Detroit Recorders Ct) Oct 24, 1964: Defs, Negro Freedom Now Party member and socialist candidate for US Congress, involved in altercation with off-duty police in front of party office. Defs arrested: assault and battery; bystanders and those who attempted to intercede charged with obstructing an officer. Chief of police wrote that police "may have precipitated the incident by making uncalled-for racial remarks." Feb 11, 1965: After jury trial, 2 Defs found not guilty. Mar 16: 3 Defs tried.

Milton R. Henry, Esq., 84 Auburn Ave., Pontiac; O. Lee Mollette, Esq.
51.65. Florida v Rev Atkins (Tampa) (Polk Co Cir Ct. App #450) June 1964: State NAACP officer sought information from police regarding NAACP Youth Council members arrested in civil rights demonstration; arrested: obstructing police officer. Dec 7: After jury trial in crim ct, found guilty; 90 days. Motion for new trial denied. Appeal pending.

Francisco A. Rodriguez, Esq., 2921 N. 22d St., Tampa.
51.66. California v Buice, Coleman, and Nelson (L.A. Muni Ct) Spring 1964: Defs, Black Muslims, sold Muslim newspaper in front of Muni Ct bldg; arrested: battery and disturbing the peace. Mar 1964: At trial, Defs alleged police harassment during peaceful sales. Convicted. Appeal pending.

Arthur Mabry, Esq., 2057 W. Jefferson Blvd., Los Angeles.
51.67. California v Carmiencke (2d Dist Ct of App, #2 Civ 28779) Aug 1964: Def arrested while wearing topless bathing suit on public beach; charged with outraging public decency (Pen C §415), disturbing the peace (Pen C §650½). Oct: Def sought writ of prohibition in Sup Ct alleging denial of due process on grounds of vagueness, infringement of 1st Amdt. Sup Ct transferred to Dist Ct of App. Pending.

Ronald E. Landers, Esq., 8303 Melrose, Los Angeles.

Amicus appearance by ACLU of S. Calif.
51.68. Florida v Geisen (MD Fla, ##64-190, 64-240 Cr J) Defs, CORE workers, discussed voter registration with Negro tenant farmer; arrested: breach of peace, traffic violation. Defs removed to DC. Oct 19, 1964: Defs withdrew removal petition in traffic case when city agreed to drop charge. Pending.

Ernest Jackson, Esq., 410 Broad St., Jacksonville.
51.68a. Florida v Pinkney (MD Fla, #64-191 Cr J) July 19, 1964: Defs, voter registration workers, arrested: using profanity on open highway; allowing unauthorized person to drive car. July 27: Def filed removal petition; see 51.68a at 73.

Ernest Jackson, Esq., 410 Broad St., Jacksonville.
51.69. Mississippi v 42 Defs (Itta Bena) (Leflore Co Cir Ct) June 18, 1963: Defs had voter registration meeting in church; tear gas bomb thrown into meeting. On way to sheriff's house to ask protection, Defs attacked with rocks, bottles. Sheriff arrested 42 Defs: disturbing the peace. Police Ct and Co Ct convicted: boisterous conduct, throwing rocks and bottles, blocking streets: $200 and 6 mos in prison. Appeals pending.

Jack Young, Esq., 115½ N. Farish St., Jackson.
51.70. Georgia v Ricks (Moultrie) (City Ct) Feb 16, 1965, 1 a.m.: Def, Negro SNCC worker, entered courthouse, pulled "white only" sign off drinking fountain, arrested: defacing public property; released on property bond; pending.

C. B. King, Esq., P. O. Box 1024, Albany, Ga.
52. Against Obscenity (see also 12, 14, 580)
Article: Elmer Gertz, The Illinois battle over "Tropic of Cancer," 46 Chi Bar Record 161.
52.33. California v Aday (USSC, #500) Facts: X DOCKET 7. Dec 7, 1964: USSC denied cert.
52.48. Connecticut v Huntington (Hartford Co Super Ct) Facts: X DOCKET 7. Oct 29, 1964: Sup Ct reversed conviction, remanded for further proceedings in conformity with Gerstein, 14.16, 378 US 577. Nov 13, 1964: Super Ct found Def-bookseller not guilty, "Tropic of Cancer" not obscene.
52.56. US v Ginzburg (USSC, #807) Facts: X DOCKET 7. Nov 6, 1964: CA affirmed conviction. Petition for cert pending. Amicus ACLU urges adoption of "clear and present danger" test in obscenity cases.
52.57. Chicago v Bruce (Ill Sup Ct, #37902) Facts: X DOCKET 7. Nov 24, 1964: On reconsideration in light of USSC decision subsequent to earlier affirmance, Ill Sup Ct reversed conviction. "Balancing" test no longer applicable; material having any social importance is constitutionally protected, performance not obscene.

McCoy, Ming & Leighton, Esqs., 123 W. Madison St., Chicago.
52.65. US v Walker (CA 4, #9306) Facts: X DOCKET 7. Correction: erroneously described as pending in CA 5. Dec 10, 1964: Appeal dismissed by agreement of parties.
52.66. US v 18 Packages of Magazines (ND Calif, S Div, #41194) Facts: X DOCKET 7. Dec 1964: DC (Wiegel, J) granted Def's motion for summary judgment; held 19 USC §1305 (1842) unconstitutional under A Quantity of Books, 52.72, 84 S Ct 1723, because no adversary judicial hearing on obscenity before seizure. DC rejected Govt contention Congress's control of foreign commerce not subject to restriction by 1st Amdt. Govt dismissed appeal to USSC, released magazines.
52.70. New York v Bruce, Solomon (SD NY) Facts: X DOCKET 8. Nov 1964: Def-Bruce appeared in pro per. Removal efforts failed. 3-judge Crim Ct (2-1) found Def guilty of making "obscene, indecent, immoral and impure" performances "of little social significance"; Def-cafe-owner guilty of permitting obscene performance. Ordered psychiatric evaluation of Defs. Dec 16: Def-Bruce sentenced to 4 mos. NY Sup Ct granted certificate of reasonable doubt; Def released on bail pending appeal. Jan 1965: Def-Bruce seeks declaratory judgment that performances not obscene and injunction against interference with performances and mailing of records in action against Postmaster Christenberry and DA Hogan. Pending. Ernst H. Rosenberger, Esq., 80 William St., NYC; Allen G. Schwartz, Esq., 733 Third Ave., NYC.

And see Chicago v Bruce, 52.57.
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52.76. Freedman v Maryland (USSC, #69) (197 A2d 232 p.j.n., 377 US 987) Facts: X DOCKET 8. Mar 1, 1965: USSC (unan.) reversed, Brennan, J.; held: (1) Def properly raised constitutionality of entire Md censorship act by attacking §2 as related to rest of Act; (2) censor may be less responsive to protect free speech than ct, which is independent branch of govt; (3) stated procedural safeguards: (a) burden of proving film unprotected expression rests on censor; (b) procedure must include final judicial determination, prompt administrative action and judicial decision; see acceptable statute in Kingsley Books, 52.5, 354 US 436. Douglas, Black, JJ.

Felix J. Bilgrey, Esq., NYC.
52.78. California v Thompson (Alameda Co Super Ct) Mar 1965: Nonstudent Def arrested on UC campus for holding up sign with "obscene" word on it. Charged with outrage to public decency and disturbing peace. 4 students arrested for repeating word at rally in his defense. Trials pending.

Peter Franck, Esq., 2890 Telegraph Ave., George Lydon, Esq., 2975 Sacramento St., both of Berkeley.

See also Kline v Myerson, 24.36.
52.79. Illinois v Sikora (Chicago) (Ill Sup Ct) Def, manager of mail order book house, convicted of violating Ill Crim Code prohibition of sale of obscene books; $1000 fine. Code defines obscenity as appealing predominantly to prurient interest. Jan 21, 1965: Sup Ct affirmed.
53. Against Defamation (see also 61)

53.4. Louisiana v Moore (19th Jud Dist, E Baton Rouge Parish Ct)*
53.5. Louisiana v Cox (La Sup Ct, ##47018, 47019) (167 So2d 352, 359) Facts: X DOCKET 8.*

Robert F. Collins and Nils R. Douglas, Esqs., 2211 Dryades St., New Orleans; Murphy W. Bell, Esq., 971 S. 13th St., Baton Rouge; Marvin Karpatkin, Esq., 660 Madison Ave., NYC.
53.6. Garrison v Louisiana (New Orleans) (USSC, #4) Facts: X DOCKET 8. Nov 23, 1964: USSC reversed (unan.), Brennan, J: (1) modern consensus is against criminal libel statutes; (2) La. act is not narrowly drawn: rejects clear and present danger standard, not limited to speech calculated to cause breach of peace; (3) interest in private reputation is overborne by larger public interest when criticism is of public officials in conduct of public business; (4) under First Amdt, no adverse consequences except for "knowing" or "reckless disregard for the truth"; (5) even if he spoke out of hatred, if honestly believed, no penalty. Douglas, J (Black, J), conc; Black, J (Douglas, J) conc; Goldberg, J, conc.

Eberhard P. Deutsch, Esq., New Orleans.
53.8. Kentucky v Ashton (Ky Ct of App, #W-125-64) Facts: X DOCKET 8. Jan 22, 1965: Appeal argued. Decision awaited.
54. Against Sedition, Criminal Anarchy (see also 241-44)

54.7b. Georgia v Wells, Harris (Dougherty Co Super Ct) Facts: X DOCKET 9. Correction: (Dougherty Co Super Ct)*

And see 54.7c.
54.7c. Wells v Hand (MD Ga, #821) Facts: X DOCKET 9. Feb 25, 1965: 3-judge ct ordered bail reduced from $2500 to $1000 each; denied all other relief. Mar 24: Super Ct reduced bail. Mar 26: Pl filed notice of appeal to USSC. Issues on appeal: Did 3-judge ct err in (1) denying injunction against continued prosecutions under statute previously declared unconstitutional by USSC; (2) denying on grounds of comity, injunction against further prosecution under statute assumed to be unconstitutional on face and as applied where one Pl bound over for trial and arrest warrant issued for other Pl; (3) failing to hold Ga Code §26-904 (circulating insurrectionary writings) unconstitutional on face and as applied. Pending.
54.9. New York v Epton (NY Sup Ct, 1st Jud Dist) Facts: X DOCKET 9. Apr 9, 1965: Trial pending.

And see 54.9a.
54.9a. New York v Epton and Lynn (NY Sup Ct, 1st Jud Dist) Facts: X DOCKET 10. Mar 30, 1965: On motion of DA, Sup Ct dismissed on ground that Defs' cases under investigation by grand jury in Barnett, 333.20.

And see 54.9.
54.9b. New York City v Rosen (NY Sup Ct, 1st Jud Dist) July 1964: Racial disorders in Harlem following killing of Negro boy by police. July 25: NYC obtained temporary restraining order prohibiting demonstrations by Progressive Labor Movement. Aug 7: Sup Ct issued temporary injunction against public meetings and protest activity by PLM, Harlem Defense Council, Community Council on Housing, and "all persons and organizations affiliated with them." State Senate candidate and several others arrested. See Boutelle, 51.62; Epton and Lynn 54.9a. Aug 8: Street corner rally by Freedom Now Party broken up. NYCLU filed motion to intervene; City's motion to withdraw injunction granted.

And see Epton, 54.9.
54.10. Pennsylvania v Hassan (Philadelphia) (Ct of Common Pleas) Nov 10, 1964: Def, Negro leader, convicted of inciting Aug riots. Jan 11, 1965: Def fined $1000; sentenced to 18 mos-3 yrs. Judge said Def caused 4 million dollars' property damage, city expenditure of 1.5 million; "but for grace of God and police dept you would be before court on murder charge."
54.11. Mississippi v Lewis (McComb) (SD Miss, Jackson Div, ##3604-3622) Sept 20, 1964: Following latest of series of bombings of Negro homes and churches, angry crowd of Negroes gathered to view destruction, some threw objects at police; COFO workers convinced crowd to disperse. Sept 20-23: 25 arrested, held until Sept 24 without being informed of charges. 18 Defs charged under new Miss crim syndicalism law (SB 2027, Act of June 11, 1964); $5000 bond. Oct 5, 1964: Defs filed removal petition, alleging unconstitutionality: vagueness and indefiniteness, no standards of what conduct is illegal, unlimited discretion in local authorities, violation of 1st Amdt. Pending.

Carsie Hall and Jack Young, Esqs., 115½ N. Farish St.; R. Jess Brown, Esq. 1251½ N. Farish St.; Henry M. Aronson, Esq., 507½ N. Farish St., all of Jackson; NAACP Inc. Fund, 10 Columbus Circle, NYC.
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55. Against Picketing, Leafleting, and Demonstrating (see also 51, 123, 541, 542, 551, 552)

55.16. Shuttlesworth v Alabama (Birmingham) (USSC, #423) Facts: X DOCKET 10. Mar 1, 1965: USSC granted cert.
55.18a. Alabama v Banks, Allen (Talladega) (Ala Sup Ct) Ct of App affirmed convictions of 11 of 1962 sit-in Defs; denied rehearing. Sup Ct struck petition for cert: failure to serve copy on State Atty Gen. State officials refused to dismiss prosecution under USSC decisions in Hamm, 552.SC.4d, and Lupper, 552.Ark.2. Dec 21, 1964: Sup Ct granted 90-day stay for additional pleadings. Defs filed application for leave to petition for coram nobis in Ct of App.

Arthur Shores, Esq., 1527 5th Ave. N., Birmingham.

And see 55.18, 63.2.

And see Alabama v Gray, 63.2.
55.26. North Carolina v Frinks (USSC) Facts: X DOCKET 10. Cite for cert denied: 379 US 863.
55.28. Illinois v Tranquilli, Thomas, J. Lewis, Bridges (Cairo) (Justice of Peace Ct, Alexander Co Ct) Facts: X DOCKET 10. All cases dismissed on motion of DA.

DANVILLE, VA, CASES:
55.36. Chase v McCain, Chase v Aiken (WD Va, #575) (337 F2d 579) Facts: X DOCKET 11. Pending on remand from CA 4.
55.36a. Virginia v Defs (Danville) (Va Sup Ct of App) 1963: 16 Defs sat in at theaters, restaurant; trespass, inducing minors to commit misdemeanors. Dec 10: Muni Ct convicted Defs of trespass. Jan 30: Juv Ct convicted Defs of inducing minors. All appealed to Corporation Ct. Mar 23, 24: 18 Defs convicted: parading without permit; appealed. 10 Defs: trespass, 2 counts. Defs moved to dismiss under Lombard, 552.La.2, 373 US 267, Peterson, 552.SC.8, 373 US 244; Ct ordered mistrial. 43 appeals pending in Sup Ct of App.

J. Levonne Chambers, Esq., 405½ E. Trade St., Charlotte, N.C.

And see 55.35, 263.5, 304.28.

SOUTHWEST GEORGIA CASES—ALBANY, AMERICUS, FITZGERALD:
55.37-55.66. City of Albany v Defs. Facts: X DOCKET 11. Correction: After conviction cases do not go to county court on appeal for trial de novo; petitions for cert taken to Super Ct where have been held for periods up to 3 yrs without any action taken.
55.67. US v Anderson (MD Ga, Albany Div; ED Mich) Facts: X DOCKET 11. Def-Anderson's sentence on nolo plea suspended.

1964: Storekeeper Smith sued US for damages for failure to protect him in his role as juror; sued SNCC, Albany Movement, and Defs here for damages for conspiring to harm his business.

And see 55.68, 63.5, 304.21.
55.68. US v Rabinowitz (CA 5, #21256)*

And see Singer, 392.2; Anderson, 55.67, 63.5.
55.69. New Jersey v Whipper (Elizabeth) (Union Co Ct App, #610) Facts: X DOCKET 11. Oct 10, 1963: Defs convicted: $100 each.

Calvin Hurd, Esq., 1109 Elizabeth Ave., Elizabeth, N.J.
55.70a. New York v Galamison (Crim Ct of NYC) (NY Sup Ct, Crim Term, #2574/64) (42 Misc2d 387) Defs in 55.70 who demonstrated at Downstate Medical Center construction site sought prosecution by indictment and removal to Crim Term on ground could not get fair trial in Brooklyn Crim Ct because of prejudice of judges. Atty alleged judges had told him demonstrations Communist-inspired, Defs acting as Reds. Mar 30, 1964: Crim Term denied: code provides for discretionary removal only for misdemeanors or crimes; disorderly conduct an offense, not crime; denied as to those charged with misdemeanors also: none of grounds for removal present; any Crim Ct judges who are prejudiced will undoubtedly disqualify themselves; granted motion as to 17 Defs who would lose valuable property rights (professional licenses, civil service jobs); additional safeguard of prosecution by indictment appropriate in circumstances. Pending before grand jury; 220 other Defs pending in Crim Ct.

Ray H. Williams, Esq., 1160 Fulton St., Brooklyn.
55.71. Wisconsin v Givens, Weaver, Taylor (formerly v 3 Defs) Wis Sup Ct) Facts: X DOCKET 12. Aug 30, 1963: 5 more demonstrators arrested. 3 original Defs found not guilty in Co Ct jury trial. Co Ct trial of 5 Defs: guilty. On appeal to Cir Ct, DA struck all 4 Negroes from jury; guilty: $100. Apr 30, 1965: Appeal argued; decision awaited.

Thomas M. Jacobson, Esq., 110 E. Wisconsin Ave., Milwaukee.
55.72. Alabama v 10 Defs (Selma) (Crim Ct) Facts: X DOCKET 12. Removed to DC.
55.77b. Shelton v City of Birmingham (Ala Sup Ct)*
55.77c. Shuttlesworth v City of Birmingham (Ala Ct of App, #25988)*
55.77d. Fowkes v City of Birmingham (Ala Ct of App, 6th Div, #5)*
55.77e. Smith v City of Birmingham (Ala Ct of App) Facts: X DOCKET 1. Oct 6, 1964: Ct of App reversed. Ordinance does not apply; steps of city hall not a "sidewalk."
55.77f. Carter, Webster v City of Birmingham (Ala Ct of App, 6th Div, ##161, 7) (171 So2d 100, 1077) Facts: X DOCKET 12. Oct 6, 1964: Ct of App affirmed. Jan 21, 1965: Ala Sup Ct denied cert.
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55.77h. Cruikshank v City of Birmingham (Ala Ct of App, 6th Div, #17)*
55.77i. City of Birmingham v H. Middlebrooks, Lee (Ala Ct of App) Defs convicted of trespass after warning. Oct 6, 1964: Ct of App reversed, on authority of Gober v City of Birmingham, 552.Ala.11, 373 US 374, and Peterson v City of Greenville, 552.SC.8, 373 US 244.

Orzell Billingsly, Jr., Esq., 1630 4th Ave. North, and Arthur Shores, Esq., 1527 5th Ave. North, both of Birmingham.
55.77j. City of Birmingham v L. Middlebrooks (USSC) Def convicted of loitering after warning, refusing to obey police officer. Oct 6, 1964: Ala Ct of App affirmed. Nov 19: Ala Sup Ct denied cert. Jan 21, 1965: Sup Ct granted 90-day stay of execution. Petition for cert pending before USSC.

Orzell Billingsly, Jr., Esq., 1630 4th Ave. North, and Arthur Shores, Esq., 1527 5th Ave. North, both of Birmingham.

And see 24.32, 63.7.
55.81. City of Meridian, Miss v Allen, Rembert (formerly Mississippi v 25 Meridian Defs) (SD Miss, Merdian Div, ##5168-5192) Facts: X DOCKET 12. July 7, 1964: DC remanded to Muni Ct.

L. H. Rosenthal, Esq., 221 President St., Jackson, Miss.; Samuel W. Fancher, Esq., 716 Old Nat'l Bank Bldg., Spokane, Wash.; Bernard J. Fieger, Esq., 942 First Nat'l Bank, Detroit.
55.81a. Brown v City of Meridian (CA 5, #21730) Facts: X DOCKET 12.

Betty Ann Cooper, Esq., 294 Washington St., Boston; Carsie Hall, Esq., 115½ N. Farish St., Jackson, Miss.; Anthony G. Amsterdam, Esq., 3400 Chestnut St., Philadelphia, Pa.
55.82. City of Columbus, Miss v Galloway and Mays (formerly Mays and Galloway v Miss) (ND Miss, #ECR-64-33) Facts: X DOCKET 12.

L. H. Rosenthal, Esq., 406 Medical Bldg., Jackson.
55.83. Mississippi and City of Greenwood v Carmichael (City Ct; ND Miss, #GCR 6429) (CA 5) Facts: X DOCKET 13. Dec 30, 1964: DC remanded to City Ct. Appeal to CA 5 pending.
55.83aa. City of Greenwood v Weathers, Cole, Brooks (formerly Mississippi and City of Greenwood v) (CA 5) Facts: X DOCKET 13. Dec 30, 1964: DC remanded to City Ct. Appeal pending.
55.83a. City of Greenwood, Miss v Albertz (formerly Mississippi and City of Greenwood v) (CA 5) Facts: X DOCKET 13. Dec 30, 1964: DC remanded to City Ct. Prosecution stayed pending appeal of remand order.

L. H. Rosenthal, Esq., 406 Medical Bldg., Jackson.
55.85. Cameron v Johnson (Hattiesburg) (USSC) Facts: X DOCKET 13. Petition for cert pending.
55.89. Florida v Robinson, Dawson, Johnson (St. Augustine) (St. John's Co Judge's Ct) Facts: X DOCKET 13. After DC declined to take jurisdiction of habeas and bail petitions, trials of riot Defs completed: convictions. Appeals pending.

See 55.89 at 73.
55.90. Mississippi v Watters (Hattiesburg) (SD Miss, Hattiesburg Div) May 1964: 5 white ministes and 2 Negroes arrested while picketing Forrest Co Courthouse: violation of Miss antipicketing statute. Defs filed removal petition. DC remanded. On appeal CA 5 reversed; ordered removal. Pending.

Jack Peebles, Esq., 305 Baronne St., New Orleans.
55.91. California v Stern, Goines (Oakland) (Muni Ct) 1964: CORE study showed members of E Bay Restaurant Assn hired less than 1% of bartenders, 2% of waitresses from minority groups. Demonstrations, picketing, for nondiscriminatory hiring. Feb 12, 1965: 200 demonstrators, 40 police; harassment of pickets by police alleged. Def-Stern arrested: disturbing the peace, violation of ordinance against profane or seditious words. Each person who went to inquire re identity of and charge against Def-Stern arrested: obstructing officer. Another Def: refusal to come peacefully, attempted escape. Pending.

Marshall Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.
55.92. US v 85 Defs (Los Angeles) (SD Calif) Mar 10, 1965: During demonstration at fed bldg protesting Govt's failure to act in civil rights crisis in Selma, Ala, 85 arrested; 29 charged: obstructing US mail; others booked on "no charge." Pending.
55.93. New York v Blechner, Addabbo (Crim Ct, Queens Co) 1964: Members of Parents and Taxpayers staged sit-in to protest pairing of PS 149 and PS 92 to achieve integration. Oct 7, 1964: On 3d day of sit-in, 64 Defs forced way into bldg; 64 arrested by Asst Supt Nevins: Pen Code §722(b): loitering on school premises; released on own recognizance. Dec 3, 1964: Crim Ct dismissed: §722(b) does not state whether violation is misdemeanor or felony, therefore it is offense, not a crime; citizen's arrest allowed only for misdemeanor or felony, not for offense.

Bernard Kessler, Esq., 277 Broadway, NYC.

See 523.NY.4.
55.94. New York v Turner (NY Sup Ct, App Term, 1st Dept) Aug 8, 1964: May 2d Movement demonstrated in Duffy Square against US actions in Vietnam, Gulf of Tonkin. Police dispersed demonstrators, arrested 17: disorderly conduct. Convicted; appeal pending.

Nanette Dembitz, Esq., for NYCLU, 156 Fifth Ave., NYC.
55.95. New York v Mallory (NYC Crim Ct) Def (also Def in 59.22) participated in demonstration at UN protesting US involvement in war in Congo. Arrested: felonious assault. Mar 31, 1965: trial. Decision awaited.

Conrad Lynn, Esq., 401 Broadway, NYC.
55.96. Illinois v Defs (Chicago) (Muni Ct) Mar 24, 1965: Def-CORE members distributed literature regarding civil rights and police practices in Ala at state exhibit at Natl Boat, Travel, and Outdoor Show; sang freedom songs; 40 arrested. Mar 25: Chain-in at Ala exhibit; 23 arrested. Trials pending.
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55.97. New York v Potter, Wiley (NY Sup Ct, 1st Jud Div) Mar 19, 1965: Student and civil rights groups picketed Chase Manhattan Bank in protest against bank's policy of making massive loans to Govt of Union of South Africa, thus supporting practice of racial repression. SDS and CORE officials and 47 others arrested in sit-down in front of bank. Trial pending.
55.98. City of Meridian, Miss v Wright, Kelso (Muni Ct) Feb 16, 1965: FBI Supervisor Sullivan spoke in Natl Crime Prevention Wk at hotel that refused to serve Negroes as CORE recently had notified FBI; praised Meridian police, did not mention civil rights. 15 CORE members picketed, alleging FBI participates in discrimination instead of investigating it; arrested: obstructing sidewalk. Released on bond; pending.
55.99. Michigan v Barnard (Ann Arbor) (Washtenaw Co Cir Ct) 1964: Defs picketed in protest against unequal treatment of Negroes by city police; led to affray with local firemen. Police broke up picket; arrested demonstrators: obstructing officer. Pending on removal to ED Mich. For removal see 55.99 at 73.
55.100. New York v Johnson, Galamison (Brooklyn Family Ct) Jan 1965: Citywide Comm for Integrated Schools, Harlem Parents Comm, and other groups organized boycott of the "600" schools for disruptive pupils (90% nonwhite) to protest inferior, discriminatory education; "Freedom schools" established. Jan 19: Sup Ct issued injunction. Jan 21: Def-Galamison arrested: exhorting children to defy truancy law. Jan 22: Def-Johnson arrested while acting as principal of freedom school. Removal petition filed in DC. Feb 3: Galamison, Johnson convicted: encouraging truancy: 10 days and fines, suspended, if boycotts ended. Feb 10: 8 clergymen sat in at Bd of Educ; arrested; at their arraignment Galamison present as spectator, arrested; jailed: violation of conditions of suspension of sentence. Def sought habeas in DC: conviction void because Family Ct without jurisdiction after removal. Feb 11: 11 Defs arrested in demonstration at Bd of Educ: encouraging truancy, disorderly conduct for failure to obey order to move on; DC denied habeas: failure to exhaust state remedies. Feb 15: CA 2 refused to enjoin Sup Ct hearing on temporary injunction pending determination of removal question. Boycott extended to allegedly segregated high schools. Arrests in demonstrations at Bd and City Hall: Feb 17: 6 for encouraging truancy; 12 students arrested; Feb 18: 17 students for disorderly; Feb 19: 15 for encouraging truancy and disorderly; Feb 24: 8; Mar 2: 9. All pending.
55.101. Alabama v Boynton (Selma) (SD Ala, #3660-65) Jan-Feb 1965: Many arrested during voter registration campaign. Jan 22, 28, Feb 17: Defs removed cases to DC; DC granted bail to all Defs. DC granted state's motion to remand. Appeal to CA 5 pending.
56. Against and Concerning Minors (incl Contributing to Delinquency) (see also 430, 560)
Periodical: Journal of American Society to Defend Children, 653 Mangelo Ave., San Francisco.
56.10. White and Cromwell v Maryland (Cambridge) (Dorchester Co Cir Ct) Facts: X DOCKET 14.

See also 51.49.
56.11. Florida v ANE (St Augustine) (Fla Dist Ct of App, ##E-318—E-321) Facts: X DOCKET 14. Dist Ct of App withdrew dismissal of Defs' appeal; gave Defs leave to file appropriate papers. Juv Ct refused to allow Defs to perfect appeal. Nov 22, 1964: Ct of App ordered Juv Ct to allow appeal. Dec 26: Ct of App dismissed appeal: no transcript of testimony; Juv Ct refused to agree to stipulation re testimony that Defs ejected from premises because Negroes.

Earl N. Johnson, Esq., 625 W. Union, Jacksonville.

And see Singleton, 553.Fla.2.
56.12. Alabama v Defs (Selma) (Ala Ct of App)*

And see cases at 51.45.
56.13. City of Americus v 32 Defs (Sumter Co, Ga) (Crim Ct) Facts: X DOCKET 14.

C. B. King, Esq., P. O. Box 1024, Albany.
56.14. Florence v Myers (Ocala) (MD Fla, #64-3-Civ-Ocala) Facts: X DOCKET 14.*

Correction: counsel Horace E. Hill, Esq., W. Broadway, Ocala (erroneously described as Harrison E. Hill).

See NYC "600" schools cases, 55.100.

And see St. Augustine cases, 401.14.
56.15. Ohio v McLaughlin (Cuyahoga Co) (Ct of App, #26886) Def's daughter, low intelligence, gave birth to illegitimate child at age 13. Def told her not to have sexual intercourse but if she did, to use contraceptives. Daughter bore 2 more illegitimate children. After second pregnancy Def-mother repeated admonishment; told daughter could buy contraceptives at drug store. 1963: Def charged with contributing to delinquency of minor for giving information; convicted in jury trial. Juv Ct sentenced to $500 and 1 yr. On appeal Def argues conviction devoid of evidentiary support therefore violates due process; violates 1st Amdt; unconstitutional invasion of privacy; statute unconstitutionally vague. Pending.

Robert L. Merritt and Avery S. Cohen, Esqs., Hippodrome Bldg.; Bernard A. Berkman and Larry S. Gordon, Esqs., Standard Bldg.; David Ralph Hertz, Esq., all for amicus Cleveland CLU, Cleveland.

And see Griswold, 490.6d; Parrish, 413.8; Anonymous Mother, 413.9.
57. Against Vagrancy

57.3. Louisiana v Trumpower (E Baton Rouge Crim Dist Ct) Facts: X DOCKET 14. Case prescribed.
57.9. California v Sandness, Hill (Calif Sup Ct) Facts: X DOCKET 15. Correction: Mar 1964: DCA ordered demurrer overruled; construed statute narrowly so as not to apply to Defs' conduct. Sup Ct denied hearing. On DA's motion, Muni Ct dismissed for insufficient evidence.
57.10. City of Albany v Harris (Dougherty Co Super Ct) Facts: X DOCKET 15. Super Ct granted cert.
57.11. California v Palmer (San Francisco) (Muni Ct) Jan 18, 1964: Def, poet, wearing sign: "I will trade with you a poem/I will write to you/for food, small/change, any useful article," observed by police to accept piece of cheese, change, from passers-by in return for his work. Arrested: Pen Code §647c (begging). Jan 25: arraignment.
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57.12. California v Mellman (San Francisco) (Muni Ct) 1964: Def arrested for violation of Pen Code §647e during picket of coffee house in connection with labor dispute. Statute requires one wandering about street without apparent business to account for his presence to police. Def stated intention to file demurrer: due process and self-incrimination. Nov 20: Ct granted DA's motion to dismiss.

Marshall Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.
57.13. New York v Miller (NY Sup Ct, App Term, 1st Dept) Mar 24, 1964: Def, male, arrested while wearing women's clothing and makeup: vagrancy. NY Code Crim Proc §887(7) defines vagrants to include persons wearing disguises. Legislative history shows intended to prohibit wearing disguise as aid to commission of crime. Crim Ct convicted. Issues on appeal: (1) construction of code; (2) whether prohibition of this conduct violates due process as arbitrary and unreasonable, since conduct not inimical to public welfare.

Arthur Galligan, Esq., 20 E. 46th St., NYC; Janet Johnson and Nanette Dembitz, Esqs., for amicus NYCLU, 156 Fifth Ave., NYC.
57.14. Hicks v Dist of Columbia (USSC, #867) 1963: 27 yr old playing guitar and singing in Dupont Circle; arrested: vagrancy; convicted. On appeal, constitutionality of vagrancy statute raised. Feb 1, 1965: USSC granted petition for cert and to proceed in forma pauperis.
57.15. City of Flint v Baldwin (Genesee Co) (Cir Ct) City ordinance defined as disorderly persons anyone found loitering in street without being able to give satisfactory account of self. June 1962: Def convicted in Muni Ct. Jan 6, 1965: On appeal Cir Ct reversed, held ordinance unconstitutional: conduct embraced by term loitering, unmodified by another phrase cannot impose on one the obligation to give account of his presence and cannot define a crim offense. Cir Ct granted writ of supervisory control to Pet-atty.

A. Glenn Epps, Esq., 2501 N. Saginaw St., Flint, Mich.
58. Against Trespassing (see also 541, 542, 551, 552)

58.6. Alabama v Students Defs (Huntsville) (Ala Ct of App) Facts: X DOCKET 15. Oct 27, 1964: Ct of App reversed convictions.
58.7. Ohio v Schlesinger (Xenia) (Greene Co Com Pleas Ct, ##9850-9866) Facts: X DOCKET 15. Mar 30, 1965: Com Pleas Ct reversed, remanded. Co Ct found Defs not guilty on basis of Bell v Maryland, 552.Md.5, 378 US 226.

See 553.Ohio.1.
58.12. Georgia v Rev A. Jones (USSC, #506) (136 SE2d 358) (c.d., 379 US 935) Facts: X DOCKET 13. Dec 7, 1964: USSC denied cert.
58.14b. US v Whittlesey (Dist of Colum Ct of Gen Sess, Crim #9415-63) Facts: X DOCKET 15. Feb 23, 1965: Jury verdict of guilty of unlawful entry set aside in the interest of justice; compare Bell v Maryland, 552.Md.5, 378 US 226.

SAN FRANCISCO CASES:

Report: Apr 15, 1965: Confidential report to Commonwealth Club members, containing statistical survey of verdicts, sentences, and recommendations.
58.15. California v Hallinan (San Francisco Muni Ct, #H 65768, J 65805, H 65826) Facts: X DOCKET 15. Mar 1965: charges dismissed as to all Defs who had stood trial in other civil rights demonstrations; other Defs entered nolo pleas: $29 or 5 days.
58.16. California v Bradley, Gregory (San Francisco Muni Ct, ##J 14447, 14140)

and
58.17. California v Sims (San Francisco Muni Ct, ##J 15591, 15602-15701)

and
58.18. California v Burbridge (San Francisco Muni Ct, #J 24265) Facts: X DOCKET 15-16. Dec 1964: Super Ct ordered free transcript for appeal of Def-Sims who was convicted on same evidence on which 13 co-Defs acquitted. Other appeals pending on requests for free transcripts. Estimated 80% of 200 Defs indigent.
58.20. Blow v North Carolina (Enfield) (USSC, #387) (85 S Ct 635) Facts: X DOCKET 1. Feb 1, 1965: USSC vacated, citing Hamm v Rock Hill, 552.SC.4d, 377 US 988.
58.21. Georgia v Rachel, Georgia v Tuttle (Fulton Co Super Ct; ND Ga ##23869-Cr, 23875-Cr, 23886-Cr; CA 5, #21345) Facts: X DOCKET 17. Mar 5, 1965: CA 5 decided for Def-appellant.
58.24. New York v Collins (NY Ct of App) Facts: X DOCKET 17. State's appeal pending.

And see Callender, 51.56; Prinz, 51.56a; Farmer, 63.26.
58.26. Parrot v City of Tallahassee (USSC) Facts: X DOCKET 17. July 28, 1964: Motion for rehearing denied by Cir Ct. Dec 30: Final app ct denied cert. Jan 26, 1965: Def filed petition for request to file coram nobis in Muni Ct. Feb 1: Def filed application for extension of time to petition for cert.
58.29. California v Green (formerly v Farber) (Santa Monica) (L.A. Super Ct, App Dept) Facts: X DOCKET 17. Mar 18, 1965: Appeal argued; decision awaited.
58.30. California v Okun (Los Angeles) (Muni Ct, #216755)*
58.31. California v Minkin, Hoefer, Hirsch (formerly v Becker) (Los Angeles) (Super Ct, App Dept, ##6159-6161) Facts: X DOCKET 17. On appeal Def argues (1) ordinance violates due process by prohibiting conduct that cannot be made criminal (standing in aisle or exit); (2) sentences so disproportionately severe as to amount to cruel and unusual punishment; (3) Negroes, Mexican-Americans systematically excluded from jury; (4) restrictions on Def's jury voir dire. Pending.

And see 63.27.
58.31a. California v Gray (Los Angeles Super Ct, App Dept)*

And see 63.27.
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58.33. US ex rel Tolg v Grimes, Sheriff (CA 5, #21,661) Facts: X DOCKET 17. Def's failure to appeal caused by nonreceipt of order denying motion for new trial. Appeal pending from DC denial of habeas petition.

Howard Moore and Donald L. Hollowell, Esqs., 859½ Hunter St., N.W., Atlanta.
58.34. New York v Lawson, Fleisher (NY Sup Ct, App Term, 1st Dept #1) Feb 13, 1963: White Def discussed rent of vacant apt with realtor. Feb 14: returned with Negro Def, Lawson, and others; requested transfer of lease to Lawson. Ordered to leave; refused. Arrested under Pen Law §2036 (unlawful intrusion on real property). Trial ct convicted. Oct 22, 1964: App Term, Gold, JP, reversed: for conviction under §2036, entry must be unlawful (criminal intent); refusal to leave after lawful entry not sufficient.

And see cases at 530s.
58.35. New York v Day, Knapp (Syracuse) (NY Sup Ct, 5th Jud Dist) Spring 1965: CORE initiated campaign to change allegedly discriminatory employment policies of Niagara Mohawk Power Co. Demonstrations, sit-in in office of Co president; 11 arrested. 4 Defs stalled-in at plant entrances for 2 hrs; chained selves under cars; arrested. Def-Knapp attempted to dissuade police from removing demonstrator from beneath car without first cutting chains which bound him to it; arrested: interfering with arrest. Pending.
58.36. California v Comfort, Goldberg (Oakland) (Muni Ct) 1964: Long-continued controversy between ex-Sen Knowland's Oakland Tribune and Ad Hoc Comm to End Discrimination over newspaper's allegedly discriminatory employment policies. Dec 12: Comm decided against civil disobedience; dissident faction sat in at gate. Comm leaders monitoring picketline and 16 sit-ins arrested: trespass, disturbing peace, failure to disperse, constituting public nuisance. 7 convicted, others pending; 30 days, 20 days, year probation. Appeals pending.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland.
58.37. US v Chenery, Morris (Oakland) (ND Calif) Mar 23, 1965: 12 arrested at army terminal in demonstration against US action in Vietnam: trespass, obstructing traffic. Mar 25: Convicted: 30 days, 20 days.
58.38. Illinois v Polk (Peoria) (Muni Ct) Jan 4, 1964: Def, NAACP official, attempted to get haircut at segregated barbershop whose owner's license was previously suspended for violation of public accommodations law. Arrested: criminal trespass, on owner's complaint. Pending.
58.39. Maryland v CORE Defs (Baltimore) (Muni Ct) Apr 15, 1965: CORE staged march and sit-in in School Bd office in campaign for improved facilities in certain schools. On 3d day, 8 arrested. Pending.
58.40. Georgia v Mack (Savannah) (Ga Sup Ct) 13 Defs convicted of trespass after sit-in. Sought habeas corpus in state ct: denied. Ga Sup Ct affirmed; held prosecution not abated by 1964 Civil Rights Act. Motion for rehearing pending.

Howard Moore, Esq., 859½ Hunter St., Atlanta.
58.41. Florida, City of Madison v Washington, McCall (MD Fla ##64-241, 64-242) Aug 2, 1964: Defs, 3 juveniles, 6 adults, sought service in restaurant under 1964 Civil Rights Act; arrested: trespass. Aug 7: Removal petitions filed. Pending.

Earl M. Johnson, Esq., 625 W. Union St., Jacksonville; Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola, Fla.
58.42. Florida v Wechsler (Gadsden Co) (MD Fla) Aug 7, 1964: 7 Defs sought service in restaurant under 1964 Civil Rights Act; arrested: trespass. Aug 14: Removal petition filed.

Tobias Simon, Esq., 223 S.E. 1st St., Miami; Ernest Jackson, Esq., 410 Broad St., Jacksonville, Fla.
58.43. City of Selma v Bennett (SD Ala, #3568-65) Jan 1965: 6 attempted to desegregate drugstore lunch counter; arrested: trespass. Defs removed to DC; city's remand motion pending.
58.44. Georgia v Defs (Savannah) (CA 5) (Super Ct) Sit-ins at hotels, restaurants; hundreds arrested: trespass. Many convicted, other trials in progress. 30 convicted Defs sought habeas in DC; June 12, 1964: DC denied; appeals pending in CA 5. Jan 30, 1965: Ga Sup Ct affirmed convictions of those who appealed, upheld trespass law.
58.45. Blow v North Carolina (Halifax Co) (USSC, #387) (135 SE2d 14, 17) 1963: 42 Negroes sought entry into Plantation Restaurant, with "whites only" sign on door; locked out; refused to leave on owner's request; arrested, indicted for trespass (NC Gen Stats §14-134); convicted. NC Sup Ct affirmed. Feb 1, 1965: USSC (5-4), per curiam, granted cert, held: (1) Restaurant is on, and advertises on, Highway 301 and in adjoining motel of same owner; (2) it "offers to serve interstate travelers" and is "place of public accommodation" under 1964 Civil Rights Act §201(b)(2), (c)(2); therefore vacated, remanded for dismissal of indictments, citing Hamm v City of Rock Hill, 552.SC.4d, 85 S Ct 384, 388. Black, Harlan, White, JJ, would affirm; Stewart, J, would vacate and remand to NC Sup Ct, all for reasons in Hamm.
59. Against Miscellaneous Criminal Activities

59.22. North Carolina v Crowder, Covington, Lowry, Reape, Mallory (NC Sup Ct) (139 SE2d 870) Facts: X DOCKET 17. Jan 29, 1965: Sup Ct reversed, quashed indictment: practice of placing "col" after names of all nonwhites on grand and petit jury lists violates equal protection and due process. Union Co Pros plans to seek new indictment.
59.27a. Mississippi v Aaron Henry (USSC, #6) Facts: X DOCKET 18. Jan 18, 1965: USSC (5-4) vacated and remanded, Brennan, J, "for a hearing on the question whether the Pet is to be deemed to have knowingly waived decision of his fedl claim when timely objection was not made to the admission of the illegally seized evidence." "A litigant's procedural defaults in state proceedings do not prevent vindication of his fed'l rights unless the State's insistence on compliance with its procedural rule serves a legitimate state interest"; USSC will consider this question in each case. Black, Harlan, Clark, Stewart, JJ., diss.

And see Collins, 61.23; Henry, 571.14.
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59.31. US v Gibson (CA 6) Facts: X DOCKET 18. Charges against Def-Gibson dismissed on motion of US; 4 Defs convicted. Appeal pending.

PEACE BOND CASES:

In several southern cities recently, civil rights leaders have been arrested and held until they put up peace bonds.
59.34. Lubeck v Hosea Williams (Savannah) (Co Ct)*
59.35. Anderson and Long v Alabama (Selma) (Ala Sup Ct) (168 So2d 256; 168 So2d 258) Facts: X DOCKET 18. Aug 27, 1964: Sup Ct denied state's petition for cert. Nov 11: Sup Ct denied rehearing.
59.35a. Alabama v Eddie Allen (Selma) (SD Ala, #3385-64) Facts: X DOCKET 19. Mar 22, 1965: DC issued order of submission.

Peter A. Hall, Esq., 1630 4th Ave. N., Birmingham.

And see Lewis, 63.24; Dallas County, 63.24a.
59.37. Mississippi v Hancock (Leflore) (CA 5) Facts: X DOCKET 19. DC remanded; appeal pending.

And see cases at 501.Miss.
59.38. Mississippi v Kendrick and Goff (Lauderdale Co) (Cir Ct, 10th Jud Dist #4, cs.5936 and 6009) Facts: X DOCKET 19. Mar 15, 1965: Transferred from inactive to active files.

See Warner, 59.38a.
59.38a. US v Warner (Lauderdale Co) (SD Miss, E Div, #1219)*
59.39. New York v Fawcett (NYC) (Sup Ct, App Term, 2d Dept) Facts: X DOCKET 19. 1965: App Term reversed; feeding pigeons does not constitute littering.
59.40. Mississippi v Cocroft, Kabat (Meridian) (Muni Ct) Dec 2, 1964: 10 Freedom School students and teachers arrested at Trailways station restaurant while testing compliance with 1964 Civil Rights Act: disorderly conduct (students), contributing to delinquency of minors (teachers). "Disorderly" charges dismissed; "contributing" charge pending.
59.41. Mississippi v Kaminsky (Indianola) Mar 5, 1965: Freedom School and library with 2000 books, typewriters, etc., burned down. Police arrested 8 civil rights workers: interfering with investigation of arson, refusing to obey officer. $100 bond each. Pending.
59.42. Harvey v Mississippi (Leake Co) (CA 5, #22,005) 1964: While Negro-Def helping wife try to register to vote, police broke into Def's home, found 2 beer cans in refrigerator: illegal possession of intoxicating liquor. Def charged, tried, sentenced without notice, in absentia: 90 days and $500. After time to appeal expired, Def arrested, informed of proceedings, imprisoned. Def then hired atty. State cts denied relief. SD Miss denied habeas petition. Case removed. Nov 10, 1964: CA 5 granted bail pending its decision. Jan 12, 1965: CA 5 reversed, granted habeas: denial of counsel.

R. Jess Brown, Esq., 125½ N. Farish St., Jackson; Prof. Anthony Amsterdam, Univ. of Pa. Law School, 3400 Chestnut St., Philadelphia, Pa.
59.43. Georgia v Maddox (Atlanta) (Fulton Co Crim Ct) July 3, 1964: 2 Negroes tried to integrate Def's restaurant after passage of 1964 Civil Rights Act; Def pointed gun at them; arrested. Def made plea to all-white jury on segregation. Apr 21, 1965: After 47 mins' deliberation, jury acquitted.

And see US v Maddox, 41.5; Heart of Atlanta Motel, 553.Ga.2.
59.44. New York v Francis (Manhattan) (Sup Ct) Supporter of Malcolm X arrested under Sullivan Law: possessing gun, felonious assault. $10,000 bail; released after 22 days in jail. Charged with having shot one of accused assassins of Malcolm X. Sup Ct denied motion for reduction of bail.

Nathan Mitchell, Esq., Hotel Theresa, 2090 7th Ave., NYC.
59.45. Georgia v Rev Wells (Albany) (Traffic Ct) Nov 11, 1964: Def, Negro minister active in civil rights movement, given traffic ticket, told to appear Nov 13. Nov 13: Arresting officer not available; Def told to appear Nov 17 at 10 a.m. Nov 17, 10 a.m.: Def convicted of speeding: $20; held in contempt for not being present at 9 a.m., protesting h'g scheduled for 10: $10. Def refused to pay $10; jailed.

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

NEWARK RENT STRIKE:

1964: Newark Community Union Project (NCUP), grassroots organization of tenants and home owners in Clinton Hill neighborhood, organized by Students for Democratic Society (SDS) to eliminate slum conditions. July: leaflets passed out charging NCUP trying to destroy local harmony. Aug: Director, Newark Human Relations Bd, Councilman charged group "irresponsible," planning to incite riot. Oct: landlord told NCUP to move, said "pressures" put on him. New landlord reported extra city inspectors and repair bills. NCUP informed Mayor of 100 building code violations in Mrs. Brown's building; Mayor promised to prosecute slumlords.
59.46. New Jersey v Hayden (Newark Magis Ct) Def, SDS staff member, tried to file charge against slum landlord; refused; Def arrested: assaulting landlord. Grand jury refused to indict. At trial before Magis for simple assault, landlady and witness pointed to another NCUP worker instead of identifying Def; charges dismissed.

Morton Stavis, Esq., 744 Broad St., Newark.
59.47. Shustak v Brown (Newark Muni Ct) Def, tenants' leader, went on rent strike to protest conditions in apt bldg, incl 100 bldg code violations. Pl-landlord sued. Jan 6, 1965: ct granted Def right to pay rent money to ct pending repairs by Pl.
59.47a. New Jersey v Brown (Newark Muni Ct) Dec 30, 1964: Def's landlord forced Def and children from apt, padlocked door with Def's possessions inside. Jan 7, 1965: Def arrested, allegedly pushed by police officer, fell on another officer: assault on landlord, assault on police officer, resisting arrest. Bail: $1,000. Last charge dropped. Feb 3: Def convicted of assault on landlord. Mar 3: sentenced. Pending.
60. Civil Sanctions (and Contempt Charges)
UN DECLARATION OF HUMAN RIGHTS:

Art 12: No one shall be subjected . . . to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

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61. Against Defamation

61.10. Gov Patterson v The New York Times, Rev King, Shuttlesworth (Montgomery Co Ct) (308 F2d 474) (c.d., 376 US 949) Mar 23, 1964: USSC denied cert.
61.18b. Pauling v News Syndicate Co, Inc (USSC, #634) (c.d., 379 US 968) Facts: X DOCKET 20. Jan 18, 1965: USSC denied cert.
61.20. Harper v National Review and Buckley (NYC Sup Ct) Facts: X DOCKET 20. In memoriam: Pl, Fowler Harper, Yale law professor, 1965.
61.21. Moore v P W Publishing Co (Akron) (USSC) Mar 6, 1962: Gov DiSalle (Dem) used term "Uncle Tom" in argument over number of Negroes employed in Ohio govt. Def-newspaper (anti-DiSalle) reported Gov applied term to Pl. Negro Dem leader. Pl sued for libel, alleged term described Negro who "sells out" his convictions and his race for money, prestige, or political preference; that Gov didn't apply term to her. Oct 16, 1962: After trial before all-white jury, judgment for Pl, $5000 financial loss and humiliation, $2000 atty's fees, $25,000 punitive damages. June 17, 1964: Ohio Ct of App affirmed. Pending.

Hinton, Konstand & Landi, Esqs., First Nat'l Tower Bldg., Akron, Ohio.
61.23. Collins and Pearson v Henry (USSC, ##89, 90) Facts: X DOCKET 20. Mar 29, 1965: USSC, per curiam, reversed: jury instruction might well have been understood "to allow recovery on a showing of intent to inflict harm, rather than intent to inflict harm through falsehood," citing Garrison, 53.6, 379 US 64, 73, NY Times, 61.9, 376 US 254, 279-80; Black, Douglas, Goldberg, JJ, conc. as in cited cases.

And see Henry, 59.27, 59.27a, 571.14.
61.25. Goldmark v Holden (Okanogan Super Ct, Washington) Facts: X DOCKET 20. Dec 9, 1964: Super Ct granted Def's motion for new trial under USSC holding requiring actual malice in suits by public officials where libeled in official capacity. Pending.
61.26. John Birch Society and Welch v NBC (Fort Worth) (ND Tex, CA-4-336, 337) Facts: X DOCKET 20.*

Cantey, Hanger, Gooch, Cravens & Scarborough, Esqs., 1800 First Nat'l Bank Bldg., Fort Worth.
61.27. Dan Smoot v League of Women Voters (Grand Traverse) (Ca 6) Pl operates radio-TV program "Life Line," publishes periodical "Dan Smoot Report." Def-League urged, in monthly bulletin and local newspaper, that Pl's TV program be viewed "with a critical eye." Mar 9, 1964: Pl filed libel suit for $1 million. Sept 25: DC denied continuance past Oct 14: issue should be resolved before Nov election so that libel suit would not operate as political weapon to diminish League's effectiveness. Oct 12: DC denied Pl's motion to dismiss with prejudice; Def entitled to vindication of its name by trial. Dec 30: CA reversed; ordered dismissal: abuse of discretion to deny Pl dismissal with prejudice.
61.28. Belli v Curtis Publishing Co (San Francisco) (Super Ct) Def published in Saturday Evening Post account of Texas murder trial of Jack Ruby. Pl, atty, alleges published material contained derogatory remarks concerning Pl's manner of conducting Ruby's defense. Nov 17, 1964: Pl filed libel suit for $2 million. Pending.
61.29. Gen Walker v Associated Press, Inc (Fort Worth) June 1964: Pl filed $2 million libel suit against Def wire service; alleged Def transmitted report that he incited rioters in Sept 1962 disturbance at Univ of Miss over admission of Negro student. After Univ chaplain calmed and disarmed some rioting students, witness testified, Pl said "I want to congratulate you students on what you are doing here tonight . . . stand fast, be firm, thousands are behind you, you will win in the end." Pending.
62. By Injunction in Labor Disputes
UN DECLARATION OF HUMAN RIGHTS:

Art 23: (4) Everyone has the right to form and to join trade unions for the protection of his interests.


62.1. Schwartz-Torrance Investment Corp v Bakery & Confectionary Workers' Union (Los Angeles) (Calif Sup Ct, #L.A. 27282) (61 Cal2d 766) Union picketed bakery in privately owned shopping center. Super Ct enjoined picketing. Winter 1964: Sup Ct, reversed: Pl's property interest here largely theoretical, since has fully opened property to public; interest of union rests on constitutional rights, "The prohibition of picketing would in substance deprive the union of the opportunity to conduct its picketing at the most effective point of persuasion: the place of the involved business." Petition for rehearing denied.

Charles Hackler, Esq., 1621 W. 9th St., Los Angeles.

A. L. Wirin, Fred Okrand, Lionel Richman, Esqs., for amicus ACLU of S. Calif., 257 S. Spring St., Los Angeles.
62.2. New York v Tepedino, Lahab, and Viani (NY Sup Ct, App Div, 1st Jud Dept) Jan 7, 1965: Sup Ct enjoined strike by 6000 NYC welfare workers under Condon-Wadlin Act (prohibits strikes by public employees, provides for double-wage penalties). Jan 20: 19 union leaders convicted of crim contempt for failure to end strike: $250 and 30 days. Apr 15: App Div reversed; dismissed crim contempt charges without prejudice to any civil contempt proceedings; no act of disobedience had occurred in immediate view of ct.

John R. Harold, Esq., 150 Broadway, NYC.
62.3. Nat'l Maritime Union, United Marine Div, Local 333 v New York (NY Sup Ct, 1st Jud Div) July 1964: 535 officers and crewmen of Staten Island ferry struck for 24 hrs. City imposed Condon-Wadlin Act penalty: loss of 1 day's pay and 2 days' vacation. Union appealed, alleging unconstitutionality. Jan 27, 1965: Hearing; decision awaited.
63. By Injunction in Racial Situations (see also 40)

63.2. Alabama ex rel Atty Gen Gallion v Gray (Talladega) (Alabama Sup Ct) Facts: X DOCKET 20. May 26, 1964: Appeal argued; decision awaited.

And see 55.18.
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63.3. Mitnick d/b/a Central Fourth St Drugs v Fair Share Organization (USSC, #346) (c.d., 379 US 843)
63.3a. Fair Share Organization v Philip Nagdeman & Sons (East Chicago, Ind) (USSC, #106) (c.d., 379 US 843)
63.7. City of Birmingham v Walker (Ala Sup Ct, 6th Div, #999) Facts: X DOCKET 21. Submitted on briefs; decision awaited.

And see 55.77-55.77h.
63.8. City of Jackson v Salter (Miss Sup Ct)*
63.10a. Ex parte Marvin Robinson (Gadsden) (Ala Sup Ct) (168 So2d 491)*
63.20. Levitt & Sons, Inc v Prince George's Co CORE (Co Cir Ct; DC Md, #14942) Facts: X DOCKET 22.

Fred E. Weisgal, Esq., 111 N. Charles St., Baltimore.
63.21. San Diego Gas & Elec Co v CORE (4th Dist Ct of App, Civ #7650) Facts: X DOCKET 22. Correction: Def's appeal pending.
63.22. Bank of America v CORE (San Diego Co Super Ct, #286777) Facts: X DOCKET 22. Dismissed by stipulation of parties.
63.22a. California v Brown (San Diego) (Super Ct, App Dept)*
63.22b. California v Von Blum, Phillips (San Diego) (Super Ct) Facts: X DOCKET 22. Nov 19, 1964: Appeal heard; decision awaited.

Thad Williams, Esq., 3628 National; Mary Harvey, Esq., 530 Broadway, both of San Diego.
63.23. Curtis, Ford, and Grand v Boeger, Warden (formerly Jefferson Bank & Trust Co v Curtis, CORE) (St. Louis) (ED Mo, ##64 C 52(3), 64 C 53(2), 64 C 54(3)) (CA 8) (331 F2d 675)*
63.24. Lewis v Clark (SD Ala, #C.A. 3386-64) Facts: X DOCKET 23. Submitted on documentary evidence; DC denied Pl's motion to consolidate with crim prosecutions on removal. Sept 9, 1964: DC ordered continuance. Pending.

Peter A. Hall, Esq., 1630 Fourth Ave. North, Birmingham.

And see 63.24a.
63.24a. Dallas County v SNCC (Dallas Co Dist Ct; SD Ala, #C.A. 3388-64) Facts: X DOCKET 23. Dec 31, 1964: Motion to dissolve injunction renewed in anticipation of planned demonstrations.

Peter A. Hall, Esq., 1630 Fourth Ave. North, Birmingham.
63.25. US v McLeod (CA 5) Facts: X DOCKET 23. Appeal pending.
63.28. Boynton v Clark (Selma) (SD Ala, #3559-65) Jan 22, 1965: Negro Pls sued Def-sheriff and others to enjoin their interference with voter registration project. DC granted temporary restraining order, made clarifying amdt. Feb 26: DC granted leave to add Dallas Co Cir Judge Hare as Def. Apr 26: hearing on motion for further relief, order to show cause why Defs not in contempt of ct order.
63.28a. M. L. King v Baker (Selma) (SD Ala, #3572-65) Feb 3, 1965: Suit for restraining order against Def, arresting persons seeking to march to Dallas Co cthouse and requiring Bd of Regs to keep voter registration office open daily. DC denied application for temporary restraining order. Pending.
63.29. COFO v Local Officials (McComb) (SD Miss) 1964: COFO sought injunction against continued arrests of civil rights workers and enforcement of Miss crim syndicalism law. Dec 24: DC, Mize, J, denied preliminary injunction; trial on merits: Feb 1965. Pending.

Carsie Hall, Esq., 115½ N. Farish St., Jackson; Henry M. Aaronson, Esq., Jackson.

And see COFO v Rainey, 580.7.
63.30. Safeway Trials, Inc v CORE (Philadelphia) (Ct of Com Pleas, #1576) 1963: CORE urged Pl-Trailways to end discriminatory hiring. Dec 1963: NAACP took over campaign, blocked busses; enjoined. Oral agreement between Pl and NAACP; Pl to hire Negroes; NAACP to protect agreement against other organizations of Negroes. Dec 31, 1964: CORE peacefully picketed Pl. Jan 4, 1965: Pl sought injunction against CORE. Jan 7: NAACP withdrew as party Pl. Jan 8: Ct issued temporary injunction. Jan 20: Def moved to dissolve injunction: peaceful picketing for objective consonant with public policy cannot be enjoined; no harm to Pl; NAACP cannot by agreement insulate Pl from criticism by other civil rights groups. Pending.

Burton Caine, Esq., Packard Bldg.; Gilbert M. Cantor, Esq., 1300 Two Penn Ctr. Plaza, both of Philadelphia.
64. Against Miscellaneous Activities

64.4. Reed v CORE (Cir Ct, Etowah, Ala, #8795) Facts: X DOCKET 23. 1963: Interrogatories submitted to Pl not answered. Pl ordered to answer. Cir Ct denied motion to dismiss for failure to answer interrogatories. Pending.
64.5. Matter of McShane (Mississippi) (USSC) Facts: X DOCKET 23. Appeal pending.
64.6. Faneca v US (USSC) Facts: X DOCKET 23. Appeal pending.
64.7. Alabama v Mills (Birmingham) (Ala Sup Ct, 6th Div, #950) Title 17, §285, Ala Code, defines as corrupt practice solicitation of votes or electioneering on election day. 1962: Def, editor of "Post-Herald," ran election day editorial urging support of proposition for change of form of city govt. Trial ct sustained demurrer: 1st and 14th Amdts. Issues on appeal: (1) is prohibited conduct a clear and present danger that state can prevent; (2) should balancing test apply, as here, to regulation of content. State's appeal pending.

Charles Morgan, Esq., Atlanta, Ga., Herbert S. Channick, Esq., for ACLU, 156 Fifth Ave., NYC.
70. Procedural Problems
71. In Alleging Standing to Sue
72. In Raising and Preserving Constitutional Questions
73. In Removing From State to Federal Courts

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73.2. North Carolina v Francis (Elizabeth City) (DC NC) Facts: X DOCKET 24.

W. G. Pearson and C. C. Malone, Esqs., 336½ E. Pettigrew St., Durham, N.C.
51.49. Anderson v City of Chester, Pa (CA 3, ##15014, 15015) Facts: X DOCKET 24. Argued: Apr 23, 1965.

Profs. Anthony G. Amsterdam, Caleb Foote, and Bernard Wolfman, Univ. of Pa. Law School, 3400 Chestnut St., Philadelphia.
51.56. New York v Callender, Galamison (USSC) (342 F2d 255) Facts: X DOCKET 24, at 51.56. Jan 26, 1965: CA (2-1) affirmed remand: Civil Rights Law of 1866 provides for trial in Fed ct on state charges for anyone arrested for acts done under color of authority derived from law providing for equal rights, but no specific Fed law gave Defs impetus and authority to do acts for which they were arrested. Marshall, J, diss. Defs' petition for cert pending before USSC.

John E. Silverberg, Esq., 15 Park Row, NYC; Carl Rachlin, Esq., 165 W. 46th St., NYC.
55.32. Crawford, Mitchell, Poole, Salter v Mississippi (CA 5, #22382) Facts: X DOCKET 24.

Bruce C. Waltzer, Esq., 1006 Baronne Bldg., New Orleans.
55.35. Baines v City of Danville, McGhee v City of Danville (CA 4, ##9080, 9082) (337 F2d 579) Facts: X DOCKET 24. Argued on rehearing. Decision awaited.
55.81. Mississippi v 25 Meridian Defs (CA 5) Facts: X DOCKET 24. July 17, 1964: DC granted motion to remand. Appeal pending.
55.82. Mays and Galloway v Mississippi (formerly Miss v 7 Defs) (CA 5) Facts: X DOCKET 25. Remand pending on appeal.
55.83. Mississippi and City of Greenwood v Carmichael (CA 5) Facts: X DOCKET 25. Pending on appeal of remand order.
55.84. City of Drew, Miss v McNair (ND Miss, Greenville Div, #GCR 6417-6420, 6430-6434) (CA 5) Facts: X DOCKET 25. Dec 30, 1964: DC remanded. Appeal pending.
55.89. Florida v Robinson, Dawson, Johnson (CA 5, ##21,490, 21,571) Facts: X DOCKET 25. Appeal pending.

Tobias Simon, Esq., 223 S.E. 1st Ave., Miami; William Kunstler and Arthur Kinoy, Esqs., 511 Fifth Ave., NYC.

But see 401.14, 553.Fla.2.
63.11. Town of Clinton v CORE (ED La, Civ #2840; CA 5, #20960) (341 F2d 298) Facts: X DOCKET 25. Feb 12, 1965: CA held case moot; dismissed appeal.
90. Miscellaneous Freedom of Thought

90.4. California v Donaldson, May (San Francisco) (Muni Ct) Jan 1, 1965: Council on Religion and the Homosexual, Protestant clergymen, sponsored private benefit to promote dialogue between church and homosexual. Police photographed guests, forced entry, broke up party. Three attys retained by group, secretary, arrested when asked if police had warrants or probable cause: obstructing officer. After 4 days of trial, at close of DA's case, ct granted Defs' motion for advised verdict; Defs acquitted.

Marshall Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.
FREEDOM OF RELIGION (100-199)
UN DECLARATION OF HUMAN RIGHTS:

Art 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

110. Separation of Church and State
111. In Education

111.1. Lewis v Allen, NY Comm'r of Educ (Ct of App, #31-64) 1957: Sup Ct dismissed petition for removal of words "under God" from pledge of allegiance in NY public schools, held Pets not compelled to recite those words; no penalty for failure to recite the pledge; 1st Amdt does not give Pets preference over those who wish to express their belief in God. 1960: App Div affirmed. June 10, 1964: Ct of App unanimously affirmed without opinion.

Martin J. Echeiman, Esq., Time & Life Bldg., NYC.
111.29. Balgooyen v Los Gatos Joint Union High School Dist (Ct of App, 1st App Dist) Facts: X DOCKET 26. Appeal pending.

Phillip Hammer, Esq., 300 W. Hedding St., San Jose.
111.32. Ames v Bd of Educ (Santa Barbara) (Super Ct) Nov 10, 1964: Pl suspended from high school for refusal to say Pledge of Allegiance. Pl agreed under protest to say words of the Pledge in order to graduate. Bd of Educ and Sup't of Schools affirmed action of principal. Mar 1965: petition filed in Super Ct to allow Pl to attend school without saying pledge. Pending.

A. L. Wirin and Fred Okrand, Esqs., for S. Calif. ACLU, 257 S. Spring St., Los Angeles.
111.33. Reed v Jenison Pub School Dist #30 (WD Mich, #Civ 4787) (237 F Supp 48) Pls, parents, moved for injunction against classroom bible reading and prayer. Def moved for summary dismissal. Jan 8, 1964: DC denied both motions, held religious services could be conducted if voluntary and held only before and after school hrs, allowing students 5 mins between school and the exercises; exercises must be in a room other than regular home room.

Warner, Norcross & Judd, Esqs., 300 Michigan Trust Bldg., Grand Rapids.
111.34. Stein v Oshinsky