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CIVIL LIBERTIES DOCKET
Vol. XI, No. 1
November, 1965
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OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor

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

UN DECLARATION OF HUMAN RIGHTS: Arts 19, 28, 29, 30

Article: Nathaniel L. Nathanson, Constitutional problems involved in adherence by the US to a convention for protection of human rights and fundamental freedoms, 50 Cornell 235-53.

MATERIAL ON U.S. SUPREME COURT:

Articles: Louis J Loeb, Judicial blocs and judicial values in civil liberties cases decided by Supreme Court and US Ct of App for Dist of Col Cir, 14 Am Univ 146-7.

J.A.C. Grant, Felix Frankfurter: A dissenting opinion, 12 UCLA 1013-42.

John M. Harlan, The Bill of Rights and the Constitution: excerpt from address, 64 Columbia 1175-7.

Tom C. Clark, Constitutional rights—Constitutional responsibility, concomitants, 37 Colorado 1-10.

Address: Earl Warren: Dedication of John Sherman Myers Building. 14 Am Univ 117-23.

GENERAL CONSTITUTIONAL MATERIAL:

Articles: Robert B. McKay, Constitutional law: ideas in the public forum, 53 Calif 67-88.

Charles L. Black, Jr., The problem of compatibility of civil disobedience with American institutions of government, 43 Texas 492-506.

George Anastaplo, The Declaration of Independence, 99 St. Louis 390-415.

Erwin C. Surrency, The lawyer and the revolution, 8 Am Jour of Legal History 125-35.

GENERAL ADMINISTRATIVE MATERIAL:

Articles: David L. Shapiro, The choice of rulemaking or adjudication in development of administrative policy, 78 Harvard 921-72.

Raoul Berger, Administrative arbitrariness and judicial review, 65 Columbia 55-95.

Philip Elman, A note on administrative adjudication, 74 Yale 652-56.

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99) See also Association (200-299)
Form: Memo on unconstitutionality of prior restraints on exercise of First Amdt liberties, by Victor Rabinowitz. CIVIL RIGHTS HANDBOOK pp 135-138; and see pp 75-89.

Article: Morris D. Forkosch, Freedom of the press: Corswell's case, 33 Fordham 415-48.

Case note: Legislative freedom of speech: Constitutional privilege available to Congressman charged with bribery: US v Johnson (337 F2d 180, 4th Cir 1964) 50 Iowa 893-901.

Book: Franklin S Haiman, Freedom of speech: Issues and cases. Random House. 223 pp. $1.95.

Speeches: Radical dissent: What are the effective limits? Aronson, Bingham, Brown, Cole, Dellinger, Haber, Katz, Koch, Krassner, Krebs, Lamont, McRae, Melish, Muste, Rein, Smith, Stetler, Watts. Rights, Oct-Nov 1965. 48 pp. 25c ECLC, 421 7th Ave, NYC.

10. Licensing
11. Of Meetings (see also 201)

11.18. California v R Davis (San Francisco Muni Ct) Summer 1965: SF Park and Recreation Commn issued permit to Mine Troup to perform its commedia dell'arte, Il Candelaio, in city parks. After several performances, complaints; Commn held h'g, revoked permit. Aug 7: as play opened in park, Def-director arrested: performing in park without permit (SF Park Code §116). Def demurred: sec sets no standards re issuance or denial of permit, so unconstitutional on its face; denied. Oct 30: after 4-day jury trial, convicted.

Marvin Stender, Esq, 123 Second St, San Francisco.
12. Of Motion Pictures (see also 52)

12.13. Freedman v Mason and Maryland State Bd of Motion Picture Censors (Md DC, #16415) Facts: X DOCKET 133.*

See Freedman, 52.76a.
13. Of Peddlers
14. Of Books, Magazines (see also 52)
15. Of Miscellaneous Activities

15.11. California v Forbes (Glendale Muni Ct) 1965: Def Nazi party leader arrested: having hqtrs in residence, violating ordinance requiring city permit to have even one visitor in home to deliberate or for amusement. Muni Ct denied motion to dismiss. Def filed petition for habeas, denied. Def convicted in jury trial. ACLU amicus brief alleges ordinance overbroad, lends itself to discriminatory enforcement. Appeal pending.

Amicus appearance by: S Calif ACLU, 323 W Fifth St, Los Angeles.
16. Of Parades

16.1. Hurwitt, Hirsch, Rubin v Oakland (ND Cal, S Div) Oct 5, 1965: Pls (Vietnam Day Comm) applied for permit to march through Oakland to protest US intervention in Vietnam. Oct 14: Oakland denied permit. Oct 15-16: 2 peaceful marches turned back at Oakland border by barricade of police. Oct 27: Pls applied for permit to march through Oakland Nov 20; officials indicated they would not allow Pls to march. Oct 31: Pls sued to enjoin Oakland from preventing march. Nov 12: DC granted injunction.

Peter Franck, Esq, 2890 Telegraph Ave, Berkeley.

Amicus appearance of Natl Lawyers Guild by Benjamin Smith, Esq, New Orleans.
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16.2. Baldwin v Nosser (SD Miss) Facts: see Natchez v NAACP, 63.42a. Oct 5, 1965: Pls sued for 3-judge fedl ct, attacking constitutionality of local parade ordinances, and to enjoin mass arrests and prosecutions. Oct 27: continued by stipulation pending decision by CA 5 in Guyot, 51.Miss.4, X DOCKET 135.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson; Richard E Tuttle, Esq, Lawyers' Comm for Civil Rights under Law, 233 N Farish St, Jackson.

See also Natchez v Easton, 16.2a, and Easton v Nosser, 63.42.
16.2a. Natchez v Easton (Miss) (Co Ct) Oct 1-5, 1965: About 500 demonstrators arrested: parading without a permit, blocking sidewalk. Continued indefinitely, pending disposition of cases attacking ordinances: Easton, 63.42, Baldwin, 16.2.

And see Barnwell Co, 55.SC.4; Opelika, 73.Ala.7; Saucier, 73.Ga.5; Alexander, 73.Miss.10; Sumrall, 73.Miss.11; Bass, 73.Miss.14; Williams, 63.28c; Wilson, 63.40; Days, 51.Ala.6, 55.Ala.9.
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster
UN DECLARATION OF HUMAN RIGHTS: Art 19
23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281, 342, 571)
List and cites: Administrative restrictions on students and professors, outline with recent cases. CIVIL RIGHTS HANDBOOK pp 221-222.

Analysis: Academic freedom defined. CIVIL RIGHTS HANDBOOK pp 222a-222d.

Form: Complaint for reinstatement of student, by Charles Conley. CIVIL RIGHTS HANDBOOK pp 223-226.


24.27. Schwartz v Bd of Trs (Ohio State Univ) (formerly Wilkinson v) (CA 6, #16, 224) Facts: X DOCKET 3. Appeal to CA dismissed as moot.
24.37. California v Savio (Univ of Calif-Berkeley) (Berkeley-Albany Muni Ct, ##C7468-7547) Facts: X DOCKET 88, 133.

See appeal bail problems, 401.23a-.23b.

Comment: Mass demonstration and criminal conspiracies, 18 Hastings 465-70.
24.43. Dickerson v Alabama State Bd of Educ (MD Ala, N Div, #2203-N) (10 RRLR 1003) Mar-Apr, 1965: Students at Negro college protested academic procedures, inadequate curriculum, lack of teacher tenure, suppression of students' free speech by picketing. Apr 21:9 suspended for insubordination, conduct unbecoming students and future teachers. Apr 28: Students sued for temporary restraining order for readmission. Apr 29: Def sued for temporary restraining order against further student misconduct. Apr 30: Parties agreed Pls to be readmitted promptly on certain not unreasonable conditions; DC denied both requests for restraining orders. Aug 11: Cause dismissed, costs to Pl.

Charles S Conley, Esq, P O Box 4038, Montgomery.

And see Johnson, 24.43a.
24.43a. Johnson, McCants v Montgomery (Alabama State College) (MD Ala, N Div, Cr ##11,740-11,741-N) (245 FSupp 25, 10 RRLR 1260) Apr 20-21, 1965: Demonstrations on campus, sit-in at College president's office protesting lack of academic freedom, inadequate bldgs. 1 am: 16 Negroes and whites arrested: trespass. Apr 24-25: CORE worker, 2 suspended students sought to enter campus, arrested: trespass. Defs removed to fedl DC. Aug 3: DC held: Defs conduct illegal so no basis for removal under 28 USC §1443(1) or Edwards, 552.SC.3b, 370 US 229, Hamm, 552.SC.4d, 379 US 306, Rachel, 58.21, 342 F2d 336, Peacock, 55.Miss.5a or Cox, 51.25; no basis under §1443(2) because Defs not arrested for any acts done in official capacity; remanded. Sept 27: Rec Ct convicted 7: $50 and costs; $1,600 bond forfeited for nonappearance of 6 at trial. Appeal pending.

Charles S Conley, Esq, P O Box 4038, Montgomery.

See Dickerson, 24.43; Forman, 55.Ala.8.
24.44. Wolfson v Wayne State Univ (Wayne Co Cir Ct, #594-211) 1953: Pl-research MD came to Def Univ, became full-time Research Assoc, Director of Unit of Metabolic Research, and faculty member. Def sought Pl's draft deferment and research grants for Pl. 1954: Pl drafted. 1956: Pl returned, Univ refused reinstatement in positions or affirmation of his former positions, alleging they were not formally approved. 1960: Pl sued for breach of contract, defamation, fraud. 1965: 8 wk trial, 199 exhibits. Oct 25: Ct found for Pl; $175,000 damages.

Ernest Goodman, Esq, 3220 Cadillac Tower, Detroit.
24.45. California v Peters (San Francisco Muni Ct, ##K 31207-31214) May 14, 1965: Def SF State student spoke at SF City College at request of City College students but without requisite permission of City College admr. Def speaker and 2 Def State students arrested: refusal to disperse (Pen C §416), willful interference with classroom conduct (Educ C §13558.5). Defs moved to dismiss: statutes unconstitutionally overbroad on face and as applied, College rules unconstitutional prior restraint. Pending.

Ephraim Margolin, Esq, 683 McAllister; Marshall Krause, Esq, 503 Market St, both San Francisco, for ACLU.
24.46. Schiff v Michigan State University (WD Mich) Pl, editor of off-campus liberal magazine, urged students to violate Univ regulations on distribution of literature he considered unconstitutional. Pl applied for admission to graduate school. Je 3, 1965: accepted. Je 18: Univ notified Pl application denied, no written explanation: Univ officials told him basis was that he was "disruptive" influence. Faculty committee on student affairs denied Pl's request for h'g, affirmed Univ action. Oct. 14: DC held en banc Def acted unlawfully in expelling Pl without h'g.

ACLU of Michigan, Lansing Branch.

And see Schiffman, 51.Miss.6; Lamb, 252.59.
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25. On Miscellaneous Activities
30. Economic Restrictions (see also 251, 261, 268, 281, 571)

30.15. Weaver v Jordan (Calif Sup Ct, #155760) Facts: X DOCKET 134. Appeal pending.
30.16. NAACP v Overstreet (Savannah) (Ga Sup Ct) (142 SE2d 816, 10 RRLR 825) Pl-retail storekeeper allegedly beat 14-yr-old Negro employee for stealing from him. ⅔ of Pl's customers were Negroes. May 31, 1962: NAACP held meeting, instituted "selective buying" campaign, with picketing. Spring 1963: Pl alleged loss of $3,970.45 from boycott, sued natl, state, branch NAACP, 2 officers. Trial ct jury held for Pl: $35,793 compensatory damages, $50,000 punitive damages, permanent injunction. Apr 20, 1965: Ga Sup Ct affirmed: picketing for unlawful object—private punishment of Pl, unlawful under Ga C Ann 54-801, 805; reversed as to state NAACP conference.
30.17. Smith v SNCC, The Albany Movement (MD Ga, Albany Div) Facts: US v Anderson, 55.Ga.34; US v Rabinowitz, 55.Ga.35. 1965: Pl-white owner of store in Negro section sued for damages suffered in 1963. Aug 5, 1965: Defs filed petition for removal, alleging purpose of suit to harass, intimidate and obstruct Defs in exercise of their free speech rights. Defs' answers also allege Pl's own malice, hate, ineptness, want of business acumen and negligence were sole and proximate cause of his injuries. Pending.

C B King, Dennis Roberts, Esqs, Box 1024, Albany; Howard Moore, Jr, 859½ Hunter St, NW, Atlanta, all of Georgia.

And see Sims v SNCC, 73.Ga.6.
40. Contempt (see also 63, 330s)
41. Of Federal Courts

41.3a. US v Barnett (CA 5, #20240) (10 RRLR 531) Facts: X DOCKET 89, 134.
41.5. Maddox v Willis (formerly Pls and US v Maddox) (USSC, #308) Facts: X DOCKET 89. Oct 11, 1965: USSC granted motion to dismiss for want of jurisdiction.
41.7. Cox v Hauberg (USSC) (342 F2d 167; cd 381 US 935) Facts: X DOCKET 134.
42. Of State Courts

42.18. New Mexico v Morris, Harrison (NM Sup Ct, #7684) Facts: X DOCKET 4, 89. Sup Ct reversed, held Def's columns did not present a clear and present danger to state judicial system.
42.20. Maryland v Murray (Baltimore Crim Ct; Texas Gov Connally) Facts: X DOCKET 89. 1965: Defs moved from Hawaii to Mexico. Sept: Defs extradited from Mexico to Texas. Sept 1965: Def-son served 1 mo of 6 mo contempt sentence. Oct 19: App Ct reversed: denial of due process; son released. Oct 12: Texas granted Maryland's petition to extradite Def-mother on 7 charges of assaulting police; Def appealed to Texas Gov. Oct 26: Baltimore Ct dismissed all charges, under Schowgurow ruling, 112.29, that belief in God not prerequisite for jury duty. Nov 22: Texas h'g on extradition warrant.
43. Of Other Agencies (see also 270s, 330s)
50. Criminal Sanctions
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)
[Note: All cases in this category will be listed by states hereafter. All cases reported previously have been renumbered.]
51.Ala.5. Alabama v Boone (Marengo County) (SD Ala) Arrests made following demonstrations; action removed to federal court. June 4, 1965: motion to remand heard. Sept 16: motion to dismiss filed.

Oscar Adams, Demetrius Newton, Esqs, Birmingham, Alabama.
51.Ala.6. Alabama v Days (Greensboro) (SD Ala) July 30, 1965: Civil rights demonstrators arrested when they attempted to march without a permit. Removed to federal court. Motion to remand pending. Sept 17: Motion to dismiss filed. Pending.

Oscar Adams, Demetrius Newton, Esqs, 1630 4th Ave N, Birmingham, Alabama.

And see Days, 55.Ala.9.
51.Calif.5. California v Huss, Krause, McLaughlin, Holstein, Reeves (Los Angeles) (2d Dist Ct of App, Crim #9930) Facts: X DOCKET 6, 90 at 51.53. 1965: ACLU amicus brief alleges instruction permitted jury to convict if altercation began because persons entering auditorium were angered by picket signs in violation of Def's 1st Amdt rights.
51.Calif.9. California v Greene (Los Angeles) (Super Ct, App Dept; USSC) 1965: Def arrested: disturbing peace under statute prohibiting "tumultuous and offensive conduct," "loud and unusual noise." ACLU amicus brief argues statute unconstitutionally vague. Super Ct upheld statute. Petition for ceriorari to USSC pending.

Amicus appearance by: S Calif ACLU, 323 W Fifth St, Los Angeles.
51.Calif.10. California v Wright (San Diego Super Ct) Aug 15, 1965: After Watts (429.), police allegedly attacked and beat Def and 2 other Negroes as they walked peacefully along street, arrested them: resisting arrest, disturbing the peace, assault and battery, drunkenness. Police arrested 70 other Negroes in similar fashion.
51.Colo.1. Williams v Denver (Colo Sup Ct, #21097) Def-minister spoke on podium in park to crowd without interfering with traffic; police officer ordered crowd to disperse, which they did, and ordered Def to accompany him to station to read ordinance, which Def didn't; Def attempted to speak again; arrested: loitering (Ord No 824.3-1); Muni Ct convicted: $25. Je 7, 1965: Sup Ct reversed: no evidence; did not decide whether ordinance unconstitutional. Edward H Sherman and William F Reynard, Esqs, First Natl Bank Bldg, Denver.
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51.Ga.5. Georgia v Ricks (Ga Sup Ct, #22342) Facts: X DOCKET 91. Nov, 1965: Sup Ct affirmed denial of bill of exceptions on appeal: jury question prematurely raised. Motion for new trial denied; appeal pending.
51.Ga.6. Georgia v Craig (Crawfordville) (Taliaferro Co Ct) Oct 4, 1965: Def, KKK Grand Dragon, arrested for attacking a civil rights demonstrator: assault and battery. $100 bond. Trial pending.
51.Ga.7. Georgia v Cabe (Crawfordville) (Taliaferro Co Ct) Oct 13, 1965: Myers, KKK member acquitted of Lemuel Penn murder (1964), attacked Def, SCLC photographer, during demonstration; Def arrested: possession of fireworks. $500 bond. Trial pending.

And see Myers, 51.Ga.7a.
51.Ga.7a. Georgia v Myers and Sims (Crawfordville) (Taliaferro Co Ct) Oct 13, 1965: Def Klansmen attacked SCLC photographer during demonstration; arrested: assault, interfering with operation of school, resisting arrest. $100 bond. Trials pending.

And see 522.Ga.15.
51.Ind.1. Indiana v DeFields (Super Ct, #13437) (St Joseph Co) Spring, 1964: Def prosecuted under 1947 Indiana "antihate" act, (Burns S 10-904). Fall 1964: Ct quashed affidavit on grounds statute void for vagueness, first instance in which court in Indiana has found the "anti-hate" act unconstitutional.

Thomas L Shaffer, Esq, Notre Dame Law School, Notre Dame, Ind.
51.La.6. Brown v Louisiana (Clinton) (USSC) 1964: Negro youths arrested for using white public library: disturbing the peace. April 9: tried, convicted. Collateral attacks filed in state cts: denied. La Sup Ct affirmed. May 3, 1965: USSC granted cert. Pending.
51.Miss.4. Guyot v Pierce; Strother v Thompson (Jackson) (CA 5, Misc #236) Facts: X DOCKET 135. Aug 9, 1965: CA dismissed appeal, treated papers as mandamus, ordered DC (Cox, J) to make a return, kept injunction in effect. Aug 24: DC denied preliminary injunction. Pls appealed. Oct 22: CA denied motion to consolidate with NAACP v Thompson, 63.8a.
51.Miss.6. Hattiesburg v Nesmith (Miss) (City Ct) 1965: Racist attacked Def, white Delta Ministry volunteer; Def arrested: destroying personal property. Def pressed assault charges. Sept 13: both cases tried, both convicted; $25 fines. Assailant threatened LCDC lawyer with knife in courthouse. Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
51.Miss.7. Mississippi v Schiffman (Philadelphia) (Muni Ct) Sept 14: 30 Negroes lined up at cthouse to register to vote; succeeded; Def CORE observer arrested: failing to obey police order. Pending. Sept 17, 1965: 2 churches (one Choctaw Indians') used in voter registration drive bombed, destroyed. Sept 21: 6 Negroes turned away: can't register while ct in session. 1 white entered COFO hqtrs, assaulted worker; arrested: drunkenness. Sept 23: 50 Negro students wore CORE "Freedom Now" buttons to school; expelled; 44 reinstated.
51.Neb.1. Nebraska v McNair, Jones (Omaha) (Neb Sup Ct, # #35801, 35802) (135 NW2d 463, 10 RRLR 989) Defs, 2 clergymen and 47 others, allegedly paraded and sang songs in city council chamber in support of their stand for fair housing ordinance; arrested: disturbing lawful assemblage by loud behavior; convicted. May 28, 1965: Sup Ct sustained convictions, held right to petition for redress of grievances must be exercised with respect for rights of others.
51.NJ.3. New Jersey v Stubbs (Freehold Magis Ct) Jy 13, 1965: Def travelled to Ft Monmouth, picketed in support of Ovall, 122.50, sat down on Highway 35, arrested: obstruction of traffic. Def fasted pending trial, pleaded guilty. Jy 15: 30 days and $50, $5 ct costs; Def served 41 days, paid no fine.
51.NY.10. New York v Callender, Galamison (USSC) Facts: X DOCKET 6, 90, 135. Cite for cert den: 380 US 977.
51.NY.15. New York v Brunson (NYC Crim Ct, Pt 2B) May 20, 1964: Def-CORE leader and others arrested: unlawful assembly, intrusion on real property, resisting public officer. Convicted.Nathan Mitchell, Esq, 225 Broadway, NYC.
51.NY.16. New York v Ferguson (NYC Crim Ct, #C 11961) May 9, 1965: Def played mandolin in Washington Sq Park; arrested: disorderly conduct. Aug 5: Def acquitted. Aug 8: Def played mandolin in Washington Sq Park; arrested: disorderly conduct, felonious assult, resisting arrest. Sept 9: trial.
51.NY.17. New York v Mosquera (Manhattan City Ct) 1965: Def, 17, refused to move from sidewalk in front of public park when directed by police officer. All other young people moved away; arrested: disorderly conduct. Def argued constitutional rights under First and Fourteenth Amendments, and Art I, §8, NY Constitution; acquitted after trial.

Stanley Faulkner, Esq, 9 E 40th St., NYC.
51.NY.18. New York v Hirsch (NYC Sup Ct) Def made speech in Washington Sq Park against US policy in Vietnam, then threw literature to crowd: arrested: Park Regs Art III, §21a. Nov 24, 1965: Ct dismissed charges without opinion.

Ernest H Rosenberger, Esq, 80 William St, NYC, for NYCLU.
51.NY.19. New York v Rev Hayes (NYC Sup Ct) Def clergyman preached on street in Times Sq area, arrested: disorderly conduct. Oct 4, 1965: at trial, policeman testified Def's preaching caused crowd to collect, totally blocking sidewalk. Ct acquitted Def without opinion.

Ernst H Rosenberger, Esq, 80 William St, NYC, for NYCLU.
51.NY.20. New York v Penn (NY Ct of App) (208 NE2d 789, 10 RRLR 983) Def picketed housing construction project to protest alleged racial discrimination in building trades union; arrested: disorderly conduct. Convicted. May 20, 1965: Ct of App affirmed, rejecting Def's contentions that evidence insufficient to support conviction or statute unconstitutional restraint on free communication as applied.
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51.Pa.1. Chester v Anderson; Pennsylvania v Anderson (USSC, #443) (347 F2d 823, 10 RRLR 1271) Facts: X DOCKET 5, 90 at 51.49. May 10, 1965: CA 3 (3 judges) affirmed DC remand. Jy 13: CA 3 (4-3) denied petition for reh'g; Biggs, CJ, diss: petition states grounds for removal under 28 USC §1443(1), citing Rachel, 58.21, 342 F2d 336; Dombrowski, 245.16d, 380 US 479, which sapped strength of reasoning in Galamison, 51.NY.10, 342 F2d 255, and see Dilworth, 63.32, 343 F2d 226.
51.Tenn.5. Tennessee v 39 Defs. (Covington) (Muni Ct) Jy 19, 1965: Defs conducted sit-in at restaurant; owner served Negroes, refused to serve whites, asked them to leave. They refused; arrested: disorderly conduct. 20 juveniles in demonstration released to custody of parents pending h'g in juvenile ct. Pending.
51.Wis.1. Wisconsin v King (Milwaukee) (Crim Misdemeanor Traffic Div, #2-32076) Facts: X DOCKET 136. Ct convicted 5 Defs: $10 incl costs or 10 days.

John Broadnax, Esq, 2218 N 3d St, Milwaukee.
52. Against Obscenity (see also 12, 14, 580)
Articles: Stanley Fleishman, Obscenity: The exquisitely vague crime. 2 Law in Trans. Q 97-110.

Earl Finbar Murphy, The values of pornography. 10 Wayne 655-80.

Comments: Free speech and obscenity: A search for constitutional procedures and standards. 12 UCLA 532-60.

Obscenity laws—"community standards" test, 16 S Carolina 634-38.


52.34. New York v Mishkin (USSC, #49) Facts: X DOCKET 7, 136. Consolidated with Ginzburg, 52.56, and A Book Named ("Fanny Hill"), 52.83.
52.56. US v Ginzburg (USSC, #42) Facts: X DOCKET 7, 91, 136. Consolidated on appeal with Mishkin, 52.34, and A Book Named ("Fanny Hill"), 52.83.
52.57. Illinois v Bruce (formerly Chicago v) (Ill Sup Ct) (202 NE2d 497, 1964) Facts: X DOCKET 7, 91. Case note: 14 American Univ 226-30.
52.70. New York v Bruce, Solomon (SD NY) Facts: X DOCKET 8, 91. Def pro se failed to perfect appeal; dismissed.
52.76a. Maryland v Freedman (Md Ct of App) Facts: X DOCKET 133 at 12.13. Ct of App held portions of 1965 Censorship Act unenforceable. Pending.

Richard C Whiteford, Esq, 301 N Charles St, Baltimore.
52.78. California v Thompson (Alameda Co Super Ct, App Dept, #205) Facts: X DOCKET 92, 136. Appts argue: Defs' use of word "fuck" not obscene: used by honored Am writers —Hemingway, Faulkner, Baldwin, Miller, Jones; in common use; generally considered more cathartic than aphrodisiac; "sex and obscenity are not synonymous," Roth-Alberts, 52.3, 354 US, at 487; Defs did not disturb the peace by use of word. Pending.

George A Lydon and John D George, Esqs, 2975 Sacramento St, Berkeley.

Amicus brief for Natl Lawyers Guild, San Francisco

Chapter, by Stanley Fleishman, Esq, 1680 N Vine St, Hollywood.
52.83. A Book Named ("Fanny Hill") v Atty Genl of Massachusetts (USSC, #368) (86 S Ct 232) Mass Sup Ct held (4-3) book obscene. Nov 8, 1965: USSC noted probable jurisdiction, consolidated on appeal with Ginzburg, 52.56, Mishkin, 52.34.
53. Against Dafamation (see also 61)

53.5. Louisiana v Cox (La Sup Ct, # #47018, 47019) (167 So2d 352, reh'g denied 359) Facts: X DOCKET 8, 92. Je 8, 1964: Sup Ct held: La statute not unconstitutional, in accord with NY Times v Sullivan, 61.9, but Dist Atty defamed in another action had personal interest and should not have prosecuted Def here; reversed, new trial ordered. Oct: rehearing denied.
53.7. Chicago v Lambert (Ill App Ct, 1st Dist, 1st Div, Gen #49097) Facts: X DOCKET 8.

Falkenberg and Falkenberg, Esqs, 221 N LaSalle, Chicago
54. Against Sedition, Criminal Anarchy (see also 241-44)
List: State statutes re sedition, treason, subversive activities, and Communist control acts. CIVIL RIGHTS HANDBOOK, p 1470.
54.2. Louisiana v Goldfinch (New Orleans) (USSC, #100) (132 So2d 860; 373 US 931, cert granted; 376 US 201, cert dismissed) Facts: X DOCKET 9. Je 29, 1961: La Sup Ct held action of store manager in refusing service at lunch counter for whites not state action: state must exert positive act; held statute not unconstitutional merely because state legislature had unconstitutional intent in enacting it. May 27, 1963: USSC granted certiorari. Feb 24, 1964: certiorari dismissed as improvidently granted. No appeal taken from state decision.
54.7b. Georgia v Wells, Harris (MD Ga, #3006) Facts: X DOCKET 9, 92, 136. Nov 5, 1965: Petition for removal filed under 28 USC 1443 (see at 73.) Nov 15: Remand order dated Nov 8 filed at 8:30, trial began at 9:00, bond forfeited. Motion to rescind forfeiture for lack of notice granted. Remand ordered in light of Wells v Reynolds, 54.7c. Appeal to CA 5 pending.
54.7c. Wells v Reynolds (USSC, #258) Facts: X DOCKET 9, 92, 136. Oct 18, 1965: USSC affirmed, per curiam, 3-judge ct denial of relief. Douglas, Brennan, Fortas, JJ, diss.

See 54.7b.
54.10. Pennsylvania v Hassan (Philadelphia) (Super Ct, #732) (205 Pa Super Ct 338) Facts: X DOCKET 92, 136. Dec 13, 1965: Appeal heard.
55. Against Picketing, Leafleting, Demonstrating (see also 51, 123, 541, 542, 551, 552)
Form: Motion to dismiss indictments in Southern breach of the peace cases, by William B Murrish and Mayer B Frieden. CIVIL RIGHTS HANDBOOK 66 75-89.

Note: All cases in this category will be listed by states hereafter. All cases reported previously have been renumbered.

Comment: The sit-in: An analysis of competing interests, 10 Wayne 714-27.


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55.Ala.1. Shuttlesworth v Alabama (Birmingham) (USSC) Facts: X DOCKET 10, 93. Sentences: 180 days hard labor, plus 61 days at hard labor in default of $100 fine and costs. Nov 15, 1965: USSC (unan) reversed, Stewart, J: (1) Trial ct made no findings of fact, rendered no opinion, had no authoritative, limiting construction of loitering ordinance which could otherwise be unconstitutionally applied, so must reverse; (2) "refusal to obey police officer" ordinance applies only to vehicular traffic: since Def a pedestrian and officer's order to him not a traffic order, must reverse. Douglas, J conc; Brennan, J. conc; Fortas, J (Warren, CJ), conc.
55.Ala.4c. Shuttlesworth v City of Birmingham (Ala Ct of App, #25988) Facts: X DOCKET 12, 93. Conviction reversed.
55.Ala.4d. Fowlkes v City of Birmingham (Ala Ct of App, 6th Div, #5) Facts: X DOCKET 12, 93. Conviction reversed.
55.Ala.8. Forman v Montgomery (MD Ala, N Div, Cr # #11,727-11,735-N) (245 FSupp 17, 10 RRLR 1252) Mar 11-22, 1965: Hundreds demonstrated against denial of voting rights to Negroes by walking to state capitol and city hall, and returning; when state troopers denied access to sidewalk at capitol, marchers paraded in street til city police ordered them to leave street, then sat down, went limp; 167 Negroes and whites (SNCC workers) arrested: disorderly conduct, refusal to obey orders, loitering (city ordinances). Defs removed to DC; City moved to remand; DC held h'g. Aug 3, 1965: DC held: 28 USC § 1443(2) not applicable because acts for which Defs arrested not done in official or quasi-official capacity; 28 USC § 1443(1) not applicable because city and its officers did not deny Defs equal rights or invoke ordinances discriminatorily, Defs engaged in illegal conduct; remanded to Rec Ct, costs taxed to Pls.

And see Re Dorothy Wright, 56.17.

Charles S Conley, Esq, P O Box 4038, Montgomery; Kunstler and Kinoy, Esqs, 511 Fifth Ave, NYC.
55.Ala.9. Alabama v Rev Days (Greensboro) (Recorders Ct) Je 1965: Negroes sought parade permit to protest burning of 5 churches; granted, but only for back streets. When demonstrators began to march down front streets, barricaded, tear gassed by state troopers. After 2 nights in blockaded area, Negroes again began to march: 450 arrested in several march attempts.

And see Days, 51.Ala.6.
55.Ariz.1. Arizona v Horn, Morgan (Tucson) (Pima Co Super Ct, #92225) Sept 29, 1965: Pl alleged 6 Defs, NAACP and CORE unlawfully assembled, loitered, picketed, demonstrated at U of Ariz, sought injunction; restraining order issued. Defs filed motion to quash, answer alleging: State-supported Univ maintains 2 lists of student housing: (1) nondiscriminatory, (2) anti-Negro, in violation of 14th Amdt, 42 USC § 8200, so State does not come before Ct with necessary clean hands; peaceful picketing for lawful purpose. Oct 11: Ct issued preliminary injunction against all gathering or picketing on Univ campus. Defs' objections pending. Oct 26: Defs filed answer and counterclaim seeking orders that Univ's discriminatory housing practices unconstitutional and that Univ cease such practices. Pending.

W Edward Morgan, Esq, 45 W Pennington, Suite 407, Tucson.

And see cases at 24.
55.Calif.8. In re Petition of US (formerly US v 85 Defs) (Los Angeles) (SD Calif, Cent Div, #1208 Misc) (10 RRLR 1001) Facts: X DOCKET 94. Mar 9-10, 1965: Fedl bldg in Los Angeles picketed to protest events in Selma. Mar 11: US sought injunction against all picketing, singing, demonstrating, sitting-in in block containing fedl bldg; DC granted en banc. Mar 19: order revised to prohibit only conduct which interferes with functioning of DC.

And see Anderson, 55.Calif.8a.
55.Calif.8a. US v Anderson (SD Calif) Facts: US Petition, 55.Calif.8. Defs arrested for blocking fedl bldg in demonstrations. Issues: statutory vagueness, impossibility of fair trial by DC judges who made order in 55.Calif.8. Pending.

Amicus appearance of ACLU by Laurence Sperber, Esq, 257 S Spring St, Los Angeles.
55.Calif.9. California v 10 Ministers (Delano) (Kern Co) Oct 1965: Mexican-American strikers (Natl Farm Workers Assn) shouted "huelga" to nonstriking grape pickers; several arrested. Oct 21: 44 strike supporters, incl ministers, arrested: unlawful assembly. $35 bail. Pending.
55.Calif.10. California v Rubin, Gullahorn, Weissman (San Francisco) (Muni Ct) Aug 25, 1965: 100 picketed Genl Maxwell Taylor at Fairmont Hotel; 5 arrested: refusal to disperse on police orders. $166 bail. Pending.
55.Calif.11. California v Andrae (Oakland) (Muni Ct) Aug 24, 1965: Def threw anti-Vietnam war leaflets onto passing troop train; arrested: littering. Pending.
55.Calif.12. California v 5 Demonstrators (San Jose) Jy 20, 1965: Defs entered Food Machinery and Chemical Corp, producers of war materials, to leaflet employees about peace; arrested: trespassing. Pending.
55.Calif.13. California v Gould (Glendale Muni Ct, #M-23581) Summer 1965: CORE protesting alleged discrimination in hiring at Thriftimart; Defs counter-picketed in black face, arrested: outraging public decency (Pen C §650½). Aug 12: Ct held section unconstitutionally vague. Sept 16: Defs convicted on other charges. Appeals pending.

Robert Clark and Arthur Jones, Esqs, Ct-appointed, 2251 Colorado Blvd, Glendale.

A L Wirin, Esq, for ACLU, 257 S Spring St, Los Angeles.
55.DC.5. US v 7 Defs (formerly District of Columbia v) (Dist of Col Ct of Genl Sess) Mar 11, 1965: 7 staged sit-in inside the White House to protest re Selma, Ala; arrested. Je 22: convicted; 180 days; $300 appeal bond. Pending.
55.DC.6. District of Columbia v Freedom, Jalbert (CA DC, # #3901-3907) Aug. 9, 1965: 1000 attended Assembly of Unrepresented People to read Declaration of Peace, listen to anti-Vietnam War speakers; police warned of arrests if demonstrators crossed 1st St toward Capitol, ordered to disperse; people sat down. sang, listened; 300 arrested: unlawful assembly (22 D.C. Code § 1107), disorderly conduct (22 D.C. Code § 1121)—apparently for going limp when arrested. Most Defs pleaded, no trial: $50. 7 Defs moved for jury trial: denied because misdemeanor; 2 acquitted, 5 convicted: 15 days and $200 (or additional 30 days) per count, because of taking time of ct for trial. $1500 appeal bond/count. Appeals pending.

Stanford Robins and Richard Shlakman, Esqs, 815 Connecticut Ave NW, Washington, DC, for ACLU.
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55.Fla.2c. Young v Davis, Sheriff (St Augustine) (MD Fla, Jacksonville Div, #64-133-Civ-J) Facts: X DOCKET 13-14, 94, 137 at 55.89, .89a, .89b, .89c; 137 at 55.Fla.2aa. Nov, 1965: DC accepted jurisdiction of removed cases, dismissed 1,000 cases, ordered remaining cases tried in DC.
55.Ga.34. US v Anderson

and
55.Ga.35. Rabinowitz v US; Jackson v US (CA 5, # #21256, 21345) Facts: X DOCKET 11, 93, 137 at 55.67, 55.68. Nov 16, 1964: Appeals argued before 3-judge panels. Dec 16-17, 1965: Appeals reargued en banc, with Scott, 512.La.17; Davis, 512.La.10; Labat, 512.La.2; Billingsley, 512.Ala.7; Brooks, v Beto, on common questions: systematic inclusion/exclusion of Negroes from grand, petit juries in fedl, state cts.

And see Smith, 30.17; and WHAT'S NEW this issue.
55.Ga.39. Kunney v Holt (MD Ga, Albany Div) (Baker Co) Jy 1965: Picketers beaten severely several times in direct view of law enforcement officers, several times attempted to obtain warrants against offenders: unsuccessful. Aug: Class action filed for temporary restraining order, order to show cause and permanent injunction against local officials' interfering with Pl civil rights workers rights of picketing, assembly, petition for redress of grievances, to halt coercion of Negro citizens seeking to register to vote, to send children to white schools, and to protect marchers from beatings and other harassment. Pending.

C B King, Esq, Box 1024, Albany, Ga.
55.Ga.40. Americus v 23 Demonstrators (MD Ga, Americus Div) Aug 2, 1965: Defs picketed market for fair hiring; white bystanders assaulted 2 demonstrators; demonstrators arrested: disorderly conduct, violation of city ordinance. Petition for removal filed. Motion for remand by City Attorney pending.

C B King and Dennis Roberts, Esqs, Box 1024, Albany, Ga.
55.Ga.41. Barnum v Chambliss (Americus) (MD Ga, Americus Div, #582) Aug, 1965: Whites attacked Pl-civil rights demonstrators while police watched. Pls brought class action for temporary restraining order, preliminary and permanent injunction restraining Def police officials from denying Pls' right to march, and failing to protect Pls from harassment. Complaint alleges pattern of discriminatory law enforcement. Show cause order granted. Defs filed cross-claim against Pls to cease demonstrations in violation of city ordinances, including all future violations, moved to dismiss. Nov 15: After extensive hearings (1600 pp), DC denied Pls' motion for injunction, found Pls' witnesses not telling the truth. Appeal pending.

C B King and Dennis Roberts, Esqs, Box 1024, Albany, Ga. See also Southwell, 501.Ga.5, .Ga.5a.
55.Ga.42. Americus v Lewis (MD Ga, Americus Div) Aug, 1965: Def civil rights workers in pray-in in front of 2 white churches, arrested: disturbing worship. Methodist Church dropped charges. Petition for removal filed. Pending.

C B King and Dennis Roberts, Esqs, Box 1024, Albany, Ga.
55.Ga.43. Americus v 5 Sound Truck Riders (MD Ga, Albany Div) Def members (Sumter Co Movement) planned protest of general conditions of Negroes in Americus, brutal beating of photographer, demonstrators, announced mass meeting from car with sound equipment, arrested: "riding in a sound truck with the sound too loud." Sept 3, 1965: Petition for removal filed: vagueness of ordinances, real purpose of arrests to hinder free speech, denial of equal protection, right to petition, and Pls could not obtain fair trial because of earlier disturbances. Motion to remand filed, pending.

C B King, Esq, Box 1024, Albany, Ga.
55.Ga.43a. Americus v 32 Demonstrators (MD Ga, Albany Div) Facts: similar to 55.Ga.43. Cases against juveniles stayed by agreement of juvenile ct pending appeal of adult cases on question of constitutionality of statute. Pending on motion to remand.

C B King and Dennis Roberts, Esqs, Box 1024, Albany, Ga.
55.Ill.. See Chicago NAACP, 522.III.1b at 73, XI DOCKET 14.
55.La.3. Louisiana v Lawrence. (Jonesboro) (Jackson Parish Ct) Jy 20-26, 1965: 15 demonstrators arrested; 4 went to cthouse, arrested: resisting arrest, unlawful demonstration. Pending.
55.La.4. Bogalusa v Britt (City Ct) June 22, 1965: Picket refused to give police her name, arrested: disturbing the peace. $300 bond, trial pending.

Collins, Douglas, Elie, Esqs, 2211 Dryades St, New Orleans; LCDC.
55.La.5. Louisiana v Austin (Bogalusa) (Parish Ct) Jy 8, 1965: Negro girl sought refuge in Def's car after attack during civil rights march. During fight, Def allegedly shot prime assailant, Def arrested: aggravated battery. Aug 25: Removed to DC.

Collins, Douglas, Elie, Esqs, 2211 Dryades St, New Orleans, LCDC.
55.La.5a. Louisiana v Austin (Bogalusa) (Parish Ct) Jy 10, 1965: Def sitting in parked car; police arrested him, searched car, found ½ pint vodka: charged with drunk driving. Questioning centered around Def's civil rights activities. $300. bond. Trial pending.

Collins, Douglas, Elie, Esqs, 2211 Dryades St, New Orleans, LCDC.
55.La.6. Louisiana v Barnes (Bogalusa) (Parish Ct) 1965: Police stuck billy club through Def's legs and jostled him around during Cassidy Park incident, arrested Def: carrying concealed weapon, assaulting deputy sheriff. Suit to enjoin prosecution dismissed. Trial pending.

Collins, Douglas, Elie, Esqs, 2211 Dryades St, New Orleans, LCDC.
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55.La.7. Bogalusa v Edwards (City Ct) 1965: Def arrested while picketing: disturbing the peace. Trial pending.

Collins, Douglas, Elie, Esqs, 2211 Dryades St, New Orleans, LCDC.
55.La.8. Louisiana v Hamilton (Bogalusa) Oct 20, 1965: a.m. 1400 Negro students (70%) boycotted Negro school to demand better books, supplies, teachers, curriculum, gym equipment. Police arrested 6 adult leaders of Civic and Voters League: contributing to delinquency of minors. 47 students attempting a protest march arrested: disturbing the peace. p.m. 21 students marched to Bd of Educ and jail; arrested. eve. Protest meeting in Negro section; police arrested 20, allegedly beat, clubbed others. All pending.

And see fedl injunction in Bogalusa, 63.31, Jenkins, 522.La. 43.
55.Miss.5a. Peacock v City of Greenwood (CA 5, #21655) Facts: X DOCKET 13, 94 at 55.83a, removal aspects at 73, X DOCKET 140. Cite: 347 F2d 679 (1965).
55.Miss.7. Cameron v Johnson (SD Miss) (381 US 741) Facts: X DOCKET 13, 94, 137. Nov 26, 1965: Pl's brief filed with 3-judge fedl ct on remand from USSC. Issues: unconstitutionality of Miss Stat (1964) #546, on its face and as applied.
55.Miss.7a. Dennis v Johnson (SD Miss) Facts: see Cameron, 55.Miss.7, X DOCKET 13, 94, 137. Spring 1965: Declaratory and injunctive relief sought from 3-judge DC attacking constitutionality of 24 Miss statutes passed spring 1964. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
55.Miss.9a. Mississippi v Hartfield, Anderson (CA 5, ##21811, 21813) Facts: X DOCKET 137. Dec 8, 1965: Appeal argued in removal case on unconstitutionality of Miss stat (1964) #546, on its face and as applied. CA will hold up decision til Cameron, 55.Miss.7 decided on same issues.
55.Miss.12. Mississippi v Evers, 517 Defs (Natchez) Oct 1-5, 1965: Demonstrations by Negroes seeking desegregation agreement with city officials; white hecklers intervened. Police arrested hundreds of Negroes, then asked arrested leader Evers to disperse remaining crowd of Negroes to prevent violence, which he did.

And see Easton, 63.42, Natchez v NAACP, 63.42a.
55.Miss.13. Jackson v Young (City Ct) Local Negro arrested while picketing with civil rights workers: assault. Jy 18, 1965: Trial: Def acquitted.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
55.NY.6. New York v Turner (USSC) Facts: X DOCKET 94, 137. Cite for cert den: 380 US 924.
55.NC.4. North Carolina v Leary (Williamston) (NC Sup Ct) (140 SE2d 756, 10 RRLR 566) Aug 29, 1963: During large demonstration, police arrested 3 Defs out of crowd: rioting, inciting to riot. Trial Ct denied Defs' motion for directed verdict, found Defs guilty of riot. Mar 17, 1965: Sup Ct affirmed on basis of police testimony.
55.Ohio.1. Ohio v Ball (Cincinnati) Jy 26, 1965: 20 persons (CORE) sat in at construction site of new school to protest discrimination in hiring on project, arrested: trespass, resisting arrest, disorderly conduct. Pending. Sept 7: 15 CORE workers blocked construction at U of Cincinnati campus, arrested. Pending.
55.SC.3. DeLee v St George (Dorchester Co Ct; ED SC) Sept, Oct 1965: Voting books open one day/mth; many Negroes registered, 600 on line when office closed. US announced fedl voting registrars to be sent. Def CORE leaders arrested: violating anti-picketing ordinance. Cases removed to fedl ct. Pending.

And see 63.43.
55.SC.4. South Carolina v 6 Defs (Barnwell Co) State law requires voter registration books open 1 day/mth. Sept 5, 1965: 69 Negroes registered, nearly 300 turned away when books closed. Sept 6: 40 Negroes signed petitions requesting fedl voting registrars in Co, NAACP stood-in at fedl cthouse, held 45 minute rally for enforcement of 1965 Voting Rights Act; 6 arrested: parading without a permit. Pending.
55.SC.5. South Carolina v 16 Defs (Allendale) (Cir Ct) Aug 5, 1965: Demonstrators protesting refusal of Co officials to schedule additional days for voter registration arrested. Consultant for US Community Relations Service signed $3,732 bond in name of US. Director of CRS stated consultant was "trapped by his inexperience and didn't consider the implications." Pending.

And see 501.SC.1.
55.Va.2. Chase v McCain; Chase v Aiken (WD Va, #575) (cd 381 US 939) Facts: X DOCKET 11, 93 at 55.36. Je 1, 1965: USSC denied Pls' petitions for cert. Pending on remand from CA 4.
55.Wis.1. Wisconsin v Givens (Wis Sup Ct) Facts: X DOCKET 12, 93. 1965: Sup Ct affirmed (6-1) convictions for disorderly conduct. Case closed.
56. Against and Concerning Minors (incl Contributing to Delinquency) (see also 24, 430, 560)

56.17. In re Dorothy Wright (MD Ala, N Div, Cr #11,739-N) (10 RRLR 1258) Apr 15, 1965: 11 Negro minors picketed Green Store against discrimination in hiring, arrested: antipicketing ordinance; then petitions filed to have Defs adjudged delinquent. Defs removed, State did nothing; DC held h'g; DC held Defs picketed peacefully, removal justified under 28 USC §1443(1) because ordinance unconstitutional as applied; state prosecutions dismissed; costs taxed to city.

And see Forman, 55.Ala.8.
56.18. Mississippi v Gellatly (Shaw Co Ct) June 18, 1965: 29 young Negroes broke into and damaged school, of whom 4 allegedly incriminated Defs after police used cattle prods on 2 of them. 4 leaders of Miss Freedom Labor Union arrested: contributing to delinquency of minors. Defs ignorant of incident; June 28: arraigned; $4,800 bail. Nov 4: case nolle prossed; bail returned.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

And see Gellatly, 73.Miss.23.
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56.19. Re Curtis Long (Sunflower Co) (Miss Sup Ct) June 28, 1965: Def Negro, 16, family active in civil rights, arrested: being a delinquent. July 2: h'g in Youth Ct; Def denied right to counsel; adjudged delinquent: committed to State Training School. July 21: Def's motion to suspend denied. Aug 19: Def filed motion for summary dismissal, suspension of decree pending appeal. Sept 18: Miss Sup Ct granted Def's motion for suspension. Oct 2: Def released.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
56.20. Mississippi v Guyot (Miss Sup Ct) 1965: Def charged with contributing to delinquency of minors for encouraging teen-age girl to stay out of school to participate in civil rights demonstration. Sup Ct reversed: no evidence to sustain conviction.
56.21. Oakland v Comfort (Muni Ct, #6704) Feb 19, 1965: Def arrested at demonstration for contributing to delinquency of minors by encouraging truancy by asking for demonstrators during school hours; convicted. Je 21: appeal notice filed. Pending.

John George, Esq, 1330 Broadway, Oakland.

And see Ginn, 421.Ariz.1; Covington, 51.Tenn.5; Schiffman, 51.Miss.6; Americus, 55.Ga.43a; Hamilton, 55.La.8.
57. Against Vagrancy
Comment: Vagrancy: A constitutional battle. 16 Syracuse 656-65.
57.11. California v Palmer (San Francisco) (Muni Ct) Facts: X DOCKET 95. Jan 28, 1965: Dismissed.

Neil Horton, Esq., 1st Western Bldg., Oakland.
57.16. New York v Smith (Syracuse City Ct) Aug 2, 1965: Def arrested: loitering "without any lawful business and without being able to give a good account of himself." Def pleaded guilty without counsel; retained atty, now raises defenses of void for vagueness, denial of counsel, statute used against poor people.

Faith A. Seidenberg, Esq., 217-A State Tower Bldg; Edward McGuire, Esq., 421 S. Crouse Ave., both of Syracuse, NY.
57.17. Hillegas v Sams (Lowndes, Co, Miss) (CA 5, #22241 349 F2d 859, 10 RRLR 992) 1965: Police arrested Pet, COFO worker, for vagrancy when she refused to leave courthouse. Aug 16: CA 5 affirmed the DC denial of habeas corpus petition because Pet had failed to exhaust state remedies.
57.18. Alabama v Levin (SD Ala) Sept 1965: White SCOPE worker arrested: vagrancy. Def removed to DC; pending.

Peter Hall, Esq, Birmingham; NACCP Inc Fund.
58. Against Trespassing (see also 541, 542, 551, 552)
Comment: The use of trespass laws to enforce private policies of discrimination. 16 Hastings 445-59.
58.21. Georgia v Rachel, Tuttle (USSC) See removal aspects at 73., XI DOCKET 13.
58.26. Parrot v Tallahassee (USSC) Facts: X DOCKET 17, 96, 138. Cite: 381 US 129.
58.28. California v Wright (Los Angeles) (Super Ct, App Dept) Facts: X DOCKET 17. Appeal pending.

ACLU of S Calif filed amicus brief.
58.29. California v Green (Santa Monica) (Calif Sup Ct) Facts: X DOCKET 17, 96. App Dept affirmed convictions. Dist Ct of App denied petition for h'g. Petition for h'g on unconstitutionality of Pen C §415 pending in Sup Ct.
58.31a. California v Gray (Los Angeles) (Super Ct, App Dept) Facts: X DOCKET 17, 96. 1965: ACLU amicus brief argues unconstitutional vagueness of part of statute which punishes "interference" with "lawful" business by demonstrations.
58.33. US ex rel Tolg v Grimes (CA 5, #21,661) Facts: X DOCKET 17, 96. Oct 20, 1965: Argued; decision awaited.
58.47. Mississippi v Suggars (Bolivar Co Ct) Je 1, 1965: Civil Rights workers encouraging people to join cotton choppers strike, 7 arrested: malicious trespass. June 24: After jury trial, Defs convicted: $150 and 60 days. Appeals in forma pauperis pending in Cir Ct.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
59. Against Miscellaneous Criminal Activities

59.22. North Carolina v Mallory, Crowder, Reap (USSC) Facts: X DOCKET 17, 97. May 1965: Defs reindicted. Defs appealed from NC Sup Ct decision: (1) kidnapping statute (NC §14-39) unconstitutionally vague, indefinite, uncertain; (2) 2 Defs denied speedy trial. Oct 11: USSC denied Def's appeal.
59.31. US v Hensley, Stacy, Turner, Engle (formerly v Gibson) (CA 6, #16,455) Facts: X DOCKET 18, 98. Defs' appeal pending: (1) denial of rt to counsel—after counsel retained, Defs questioned by commr; (2) failure to grant separate trials; (3) voluntariness of confessions question for jury before considering general verdict; (4) Gov't's failure to make record of grand jury proceedings; (5) Ct's failure to strike testimony of Gov't witnesses whose prior statements FBI destroyed; (6) improper conduct of Dept of Justice witnesses; (7) unlawful searches and seizures; (8) no proof Defs intended to wreck train.

Leonard B Boudin, Henry Winestine, Esqs, 30 E 42nd St, NYC, of counsel.
59.49. Re C O Chinn (Canton, Miss) (Dept of Pub Safety) Jy 8, 1965: Negro civil rights leader's driver's license suspended. Aug 8: hearing. Aug 16: license reinstated.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
59.50. Natchez v Miller (City Ct) Jy 16, 1965: Negro woman defended herself against 2 attackers, arrested: carrying and discharging firearm. July 23: after trial, Def acquitted.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
59.51. Mississippi v McGhee (Greenwood Co Ct) Jy 18, 1965: 8 civil rights workers demonstrated near store; white woman shot at them; 8 arrested. Jy 27: Def's atty arranged guilty plea and $15 fine to release $1600 bond. Defs prosecuted complaint against woman: she was fined $25.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
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59.52. Mississippi v Maxwell (Rolling Fork Co Ct) Oct 9, 1965: White civil rights worker arrested: inciting to break church window; $200. bail. Oct 11: charges dismissed.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
59.53. Louisiana v Robt Lewis Jr (Ferriday) Nov 23, 1965: Gasoline bomb exploded at home of Def, pres, Ferriday Freedom Movement, wife and 5 children; no one injured; fire and explosion damage to building. Later Def appeared in yard with shotgun; arrested. Pending.
59.54. Selma v Webb (Dallas Co) Oct 30, 1965: 15 civil rights workers (17-28 yrs old) arrested for rape of 12 yr old Negro girl, alleged to have occurred before and after Selmato-Montgomery march. Warrant allegedly filed by girl's mother. $2,000-$5,000 bond. Defs bound over to grand jury. Pending.
60. Civil Sanctions (and Contempt Charges)
UN DECLARATION OF HUMAN RIGHTS: Art 12
61. Against Defamation, Libel, Slander (see also 53)
Comment: Defamation of public officials—Coleman v Maclennan revisited, 13 Kansas 399-410.
61.9. NY Times v Sullivan (376 US 254) Facts: VIII DOCKET 42; IX, 42, 82. Case notes: 51 Virginia 121-42; 26 Montana 110-17; 38 S California 349-54; 2 Tulsa 79-83; 31 Brooklyn 191-94.

Article: Samuel R Pierce, Jr, The anatomy of an historic decision, 43 NC 315-63.
61.22. Normile v Am Medical Assn (DC DC, #CA 2806-23) Facts: X DOCKET 20. Pl's motion for summary judgment on issue of liability argued; pending.
61.27. Dan Smoot v League of Women Voters (Grand Traverse) (CA 6, #16,656) Facts: X DOCKET 99, 139. Appeal argued in Oct 1965 session; pending.
61.29. Walker v Associated Press (Fort Worth) (2d Sup Jud Dist Ct of Civil App, #16624) Facts: X DOCKET 99, 139. Trial Ct set aside jury verdict of $300,000 exemplary damages. Jy 30, 1965: Civ App Ct affirmed $500,000 actual damages, rejected Pl's cross-appeal for $300,000 punitive damages because Defs not actuated by malice.
61.29a. Walker v Louisville Courier-Journal, Louisville Times Co, WHAS, Inc (DC Ky) Pl filed $2 million libel suit alleging libelous account of his activities in 1962 Oxford, Miss demonstrations re U of Miss admission of Meredith. Sept 24, 1965: DC dismissed suit, citing Garrison, 53.6, 379 US 64.
61.30. Frick v Stevens (Carlisle, Pa) (Cumberland Co Ct) Pl, child of late industrial tycoon Henry Clay Frick, sued to enjoin sale of Def-historian's book entitled "Pennsylvania, Birthplace of a Nation" claiming it pictured her father as brusque, autocratic exploiter of workingman, whereas, in Pl's opinion, he always complied with highest principles of ethics, good conscience, Christianity. June 16, 1965: h'g. Aug 2: Def moved to dismiss: suppression of Def's book would violate 1st Amdt. Pending.
61.31. Gilligan v M L King, Farmer, CORE, Gray, Epton, Progressive Labor, Harlem Defense Council (NYC Sup Ct) Jy 16, 1964: Pl policeman fatally shot Negro youth (see 304.61, X DOCKET 145); riots followed in Harlem and Bedford-Stuyvesant (see Epton, 54.9, 54.9a, 54.9b). 1965: Pl cleared by Review Bd. May 27: Pl sued Def individuals and organizations for $3,750,000 damages for libel for preparing and publishing pamphlet with Pl's picture: "wanted for murder." Pending.

And see Gilligan, 61.31a.
61.31a. Gilligan v M L King (ND Ga) Facts: see 61.31. 1965: Pl filed libel suit in Ga DC for Def's alleged statements on TV re killing, asked $1,500,000 damages. Nov 16: Def moved to transfer trial to NYC. DC held burden on Def to prove prejudice. Pending.

Abraham G Levin, Esq, NYC.

And see Epton, 54.9, 54.9a, 54.9b, Barnett, 333.20.
61.32. Foster v Futorian (Benton Co) (Miss Sup Ct) 1965: Negro school principal brought libel suit against white civil rights worker, local Negroes for critical articles in Freedom newspaper. Defs sought injunction in DC against state ct trial; denied. Issues at trial: (1) no actual damage; (2) no malice; (3) Defs' activity protected under NY Times v Sullivan, 61.9, 376 US 254. Verdict for Pl: $60,000. Appeal pending in Miss Sup Ct.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
61.33. Baer v Rosenblatt (NH Sup Ct) 1958-1959: Def published articles critical of Pl's management of publicly owned recreation center. Pl sued. 1963: trial judge instructed jury Def had to prove charge based on "reasonable grounds"; verdict for Pl for $31,000. NH Sup Ct affirmed. 1965: Def filed petition for certiorari to USSC. Issues: "reasonable belief" standard differs from "reckless disregard for law" standard required by NY Times v Sullivan, 61.9, Pl is public official within Sullivan definition. Pending.

Osmond K Fraenkel, Edward J Ervin, and Melvin J Wulf, Esqs, for NYCLU, 156 Fifth Ave, NYC.
62. By Injunction in Labor Disputes
UN DECLARATION OF HUMAN RIGHTS: Art 23 (4)

Forms: Motion to vacate temporary injunction, affidavit, memo of law, by Victor Rabinowitz. CIVIL RIGHTS HANDBOOK pp 131-138.

63. By Injunction in Racial Situations (see also 40s, 550s)
Comments: State injunction of proceedings in fedl courts, 75 Yale 150-65.

Fedl injunctions and state enforcement of invalid criminal statutes, 65 Columbia 647-59.


63.2. Gray v Alabama (formerly Alabama ex rel Gallion v Gray) (Talladega) (Ala Sup Ct, #620, 7th Div) X DOCKET 20, 99. 1965: Ala Sup Ct dismissed Pls' appeal on a technicality under state law. Petition for reh'g pending.
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63.8. Salter v Jackson (Miss Sup Ct, #43369) (176 So2d 63, 10 RRLR 1002) Facts: X DOCKET 21. May 22, 1964: Ct issued permanent injunction. Je 7, 1965: Miss Sup Ct held facts sustained issuance of temporary injunction, but conditions improved so injunction should not have been made permanent; injunction dissolved.
63.22b. California v Von Blum, Phillips (San Diego) (Super Ct, App Dept) (236 ACA 716, 737) Facts: X DOCKET 22, 100. Apr 1965: App Dept reversed convictions for trespass (§6021) because bank Defs entered was open to public, affirmed trespass convictions (§602j) and contempt for wilfully violating terms of ct order personally served on them. On reh'g, affirmed: instruction re Defs' failure to testify violated 5th Amdt under Griffin, 333.22, 380 US 609, but did not result in miscarriage of justice.
63.22c. California v Poe (San Diego) (Super Ct, App Dept) (236 ACA 722) Facts: Same as Brown, 63.22a, X DOCKET 22, 139. Apr 1965: App Dept reversed, as in Von Blum, 63.22b, affirmed on trespass and disobey ct order: 1964 Civil Rights Act did not enlarge right to complain about unequal treatment (in Bank's employment policy); whether criminal conduct gives rise to more than 1 act depends on Def's intent.
63.22d. California v Brindley (San Diego) (Super Ct, App Dept) (236 ACA 719) Facts: Same as Brown, 63.22a, X DOCKET 22, 139. Apr 1965: App Dept reversed in Brindley: not shown Def doing anything interested bystander would not do; affirmed in Cawley: instruction need not require proof that Def purposely refused to obey ct order after having time and opportunity to gain actual knowledge of contents.
63.23. Re Curtis, Grand (ED Mo, ##64 C 52, 54) (52 LC #15, 351) Facts: X DOCKET 22, 100. Mar 31, 1965: DC on remand held: (1) affirmed all Cir Ct holdings; (2) indemnity bond is required for issuance of temporary restraining order; (3) jurisdictional foundation for injunction cannot be raised by objection to indemnity bond on grounds of abridgement of obligations of contract; (4) criminal contempt citations may not be purged by subsequent statements or acts of Defs; (5) persons having actual notice of injunction, though not named as parties, are amenable to it; (6) where contempt notice contains criminal and civil elements, Defs charged with notice of criminal nature of proceeding; (7) failure of state to provide for appeal from criminal contempt conviction does not violate due process; (8) demand of equal hiring would force bank to commit state unfair labor practice by granting preferential hiring on account of race; (9) refusal to hire Negro employees not unfair labor practice within exclusive jurisdiction of NLRB so as to prevent injunction under state police power; (10) convictions may not be set aside on grounds of retroactive application of 1964 Civil Rights Act which exempts requirement that employers grant preferential treatment because of race; (11) Hamm v Rock Hill (552.SC.4d, 379 US 306) does not apply because criminal contempt here was to "uphold the dignity and majesty" of ct. Pending.

Clyde S Cahill, Joseph S McDuffie, Robert E Wilson, Robert L Witherspoon, Charles R Oldham, Emanuel Williams, Wyvetter H Younge, and Margaret B Wilson, Esqs, all of St Louis, Missouri.

And see cases at 576.
63.24a. Dallas County v SNCC (Selma) (SD Ala, N Div, #3388-64) (10 RRLR 234) Facts: X DOCKET 23, 100. Apr 16, 1965: DC dissolved Jy 9, 1964 state ct injunction, denied Co's request to remand to state ct.
63.28b. Re Sheriff Clark (Selma) (SD Ala, #3559-65) Facts: X DOCKET 100, 139. Sept 2, 1965: DC held Def violated Jan 23 restraining order by arresting 200 Negro voter registration demonstrators and forced marching them 4 miles; $1,500 fine for contempt of ct.
63.28c. Williams and US Intervenor v Wallace (SD Ala) Mar 7, 1965: Movement sought temporary restraining order prohibiting interference from police and state officials with proposed march from Selma to Montgomery. Mar 9: DC refused to issue injunction: no showing of irreparable injury; restrained Pls from marching pending completion of h'g. Mar 13: DC denied request of Def Sheriff to make order permanent, held sole purpose to preserve jurisdiction. Mar 10: US intervened under 1964 Civil Rights Act with consent of DC. Mar 17: DC held: Pls have right to march to petition for redress of grievances; Defs enjoined from interfering with march and failing to provide adequate police protection; marchers may be restricted in route and number; threat of violence no excuse for denial of right to march; Defs must show Pls proposed plan is unreasonable.
63.31. Hicks and US v Knight (Bogalusa) (ED La, New Orleans Div) Facts: X DOCKET 139. Jy 16-17, 1965: CORE demonstrators were attacked repeatedly during marches; Defs did little or nothing to protect them: Pls started contempt proceedings under Jy 10 injunction. US intervened as Pl in contempt action against police chief and public safety commr. Jy 30: DC found defs in civil contempt, Defs ordered to protect civil rights workers, to provide comprehensive plan to educate police and file monthly compliance reports for 1 yr starting Sept 1; alternative $100/day fine. Oct 20: new contempt charges filed. Dec 10: trial.

Collins, Douglas, Elie, Esqs, 2211 Dryades Street, Joseph Harris David, Esq, 923 Royal St, Victor P Le Beau, Esq, 1911 Terpsichore St, New Orleans, La; Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss; Carl Rachlin, Esq, CORE, 38 Park Row, NYC; Jeremiah S Gutman, Esq, 2 Riverview Pl, Hastings-on-Hudson, New York; Warren K Kaplan, Esq, 46 Park St, Malden, Mass.
63.31a. US v Original Knights of Ku Klux Klan (Bogalusa) (ED La, New Orleans Div) Facts at 63.31. Jy 22, 1965: US filed complaint for injunction against Def organization, 20 of its members, 15 other whites to restrain assaults, harassment, threats, intimidation against civil rights workers and businessmen complying with desegregation orders. Pending.

And see 63.31, 55.La.5.
63.31b. Hicks v Cutrer (Bogalusa) (ED La, New Orleans Div) May 1, 1965: Local Negroes sued to declare unconstitutional city ordinance restricting 1st Amdt rights to picket, assemble, demonstrate. After h'g, city agreed to amend objectionable provisions. June 20: case dismissed as moot.

Collins, Douglas, Elie, Esqs, 2211 Dryades St, New Orleans, LCDC.
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63.34. Alabama ex rel Wallace v Lewis (Green County) (ND Ala) Pl sued to enjoin boycott and demonstrations interfering with public schools. Aug 31, 1965: DC granted temporary restraining order. Sept 16: Motion to dismiss filed.
63.35. Georgia v 200 Defs (Washington) Oct 1965: Demonstrations against segregated high schools. Oct 19: Super Ct issued injunction prohibiting Negro students from interfering with classes. Oct 20: 300 students marched thru their Negro school, creating disturbance; 200 marched on white high, all arrested: violating injunction. Pending.
63.36. Griffin v Ryan (Springfield) (Hampden Co Super Ct, #114011) Jy 17, 1965: 44 Negroes demonstrated peacefully against police brutality; arrested: breach of peace. Aug 26: Dist Ct found 4 Defs innocent, 12 guilty, 1 innocent of assaulting officer, 1 innocent of drunkenness; $15-$25; appeals pending. Aug 15: Defs sued in equity to restrain criminal prosecutions under 1st, 14th Amdts, tho no claim that ordinances unconstitutional. Ct over-ruled City's demurrer. Feb 1966: h'g on merits.

Henry Weissman, Esq, 1570 Main St, Springfield, Mass; Lewis Steel, Esq, NAACP, 20 W 40th, NYC.
63.37. Coppock v Patterson (Jackson) (SD Miss) Aug 11, 1965: Class action on behalf of civil rights workers and Negroes attacking constitutionality of 3 Miss statutes prohibiting various 1st Amdt activities near State Capitol, Governor's mansion, State Office Building, passed June 17-18, 1965 during demonstrations. Issues: (1) Statutes unconstitutionally broad, (2) constitute prior restraint on 1st Amdt rights. Pending before 3-judge ct.

Alvin J Bronstein, Esq, LCDC 603 N Farish St, Jackson.
63.38. Shelton v Simpson (Shaw) (SD Miss) Apr 1, 1965: 50 demonstrators arrested. Apr 5: Town passed ordinance limiting right to conduct parades and demonstrations. May 5: suit filed attacking ordinance as unconstitutionally broad, violate 1st Amdt. May 8: 38 arrested for violating ordinance. May 12: DC stayed prosecutions. June 1: DC issued preliminary injunction. Town repealed ordinance. Jy 7: case discontinued as moot; $277 costs awarded to Pl; Def paid.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
63.39. Chinn v Canton (SD Miss, #3764) Je 25, 1965: civil rights workers attempted to integrate city park; 11 arrested: trespassing. Je 25: Pls sued for injunction in DC. Je 28: Cox, J, granted temporary order restraining city from denying facilities to Negroes, or making further arrests or prosecuting. Je 30: City closed park, left swimming pool open claiming lease to private corporation. Jy 19: DC granted preliminary injunction. Aug 3: DC declared swimming pool lease nullity, ordered city to permit Negroes to use all open facilities. Nov: Trial. Issues: (1) permanent injunction, (2) compel city to reopen facilities previously closed.

R Jess Brown, Carsie A Hall, Alan H Levine, Alvin J Bronstein, Esqs, LCDC, 603 N Farish St, Jackson.
63.40. Wilson v Marshall (West Point) (ND Miss) May, 1965: Negroes and civil rights workers seek injunction and declaratory relief against 3 city ordinances regulating and prohibiting picketing, leafleting, parades. May 26: City permitted parade without arrests. City repealed leafleting ordinance. Oct 15: DC denied preliminary injunction on picketing ordinance; decision on parade ordinance pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
63.41. Mississippi v Harris (McComb-Magnolia) (SD Miss) 1965: Pike Co officials obtained state ct injunction against COFO workers and local Negroes. Mar 10: Defs removed to DC, moved to dissolve injunction. DC denied. Defs appealed to CA. Mar 16: CA 5 denied, with leave to renew. Mar 18: DC dissolved injunction, dismissed state's complaint.
63.42. Easton v Nosser (Natchez) (SD Miss) Sept 13, 1965: Pls, civil rights workers, sought 3-judge ct decision on unconstitutionality of leaflet ordinance, and to enjoin arrests. Continued by stipulation, pending CA 5 decision in Guyot, Strothers, 51.Miss.4.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson; Lawyer's Committee, Richard E Tuttle, Esq, Lawyers' Comm for Civil Rights under Law, 233 N Farish St, Jackson.

And see Natchez v NAACP, 63.42a; Natchez v Easton, 16.2a; Baldwin, 16.2; Evers, 55.Miss.12.
63.42a. Natchez v NAACP (SD Miss) Sept 30, 1965: Mass civil rights demonstrations. City obtained ex parte state ct injunction against demonstrations. Oct 4: Defs removed to DC, moved to stay or dissolve injunction. Oct 6: DC issued order modifying injunction to permit peaceful demonstrations (2 by 2, etc.), Oct 27: stipulation: case continued pending decision in Guyot v Pierce, 51.Miss.4.
63.43. Tracy v Robbins (St George) (ED SC) Nov 2, 1965: Injunction and declaratory action challenges constitutionality of city picketing ordinance which requires anyone supervising picketing be more than 300 feet from picket line. Pending.

LCDC.

And see DeLee, 55.SC.3.
63.44. Jackson v Bull (Brownsville, Fayette Co) (MD Tenn) Aug 5, 1965: Pls sued under 42 USC § 1983 to force police to protect civil rights demonstrators from harassment and assault by white onlookers. After suit filed, police protected demonstrators in 2 large marches. Aug 21: demonstrations and summer project over, most witnesses leaving state; Pls filed motion to dismiss.

LCDC.
63.45. Thriftimart v United Civil Rights Comm (Los Angeles Super Ct) 1965: Ct issued preliminary injunction prohibiting trespass on parking lot of market, shop-in inside market, limited picketing outside in protest of Pl's hiring policies. Pending.
64. Against Miscellaneous Activities

64.7. Alabama v Mills (USSC) (176 So2d 884) Facts: X DOCKET 100, 139. Appeal pending in USSC.
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70. Procedural Problems
Practice tips: Osmond K Fraenkel, Procedural pitfalls in civil liberties cases. CIVIL RIGHTS HANDBOOK 66 31-40.

Class suits, by Libby Wernick Ginsberg. CIVIL RIGHTS HANDBOOK pp 151-161.

Three-judge statutory federal district courts, by Marjorie Leonard. CIVIL RIGHTS HANDBOOK pp 163-173.

Appeals in federal courts, by Siegfried Hesse. CIVIL RIGHTS HANDBOOK pp 187-200.

Analysis: Creative legal thinking under pressure. CIVIL RIGHTS HANDBOOK pp 44a-44h. And see discussion of lead ideas in constitutional litigation, pp 75-89.

71. In Alleging Standing to Sue
72. In Raising and Preserving Constitutional Questions
73. In Removing From State to Federal Courts
Forms: All forms necessary in removal of state criminal cases, from petition through appeal from remand order, plus sample briefs, by Arthur Kinoy, Anthony Amsterdam, Claudia Shropshire. CIVIL RIGHTS HANDBOOK 72a-72ii.

And see 55.Miss.9a, 59.35a, X DOCKET 137, 138.

Article: Oliver Morse, Civil rights removal: "The letter killeth, but the spirit giveth life," 11 Howard 149-86.


73.Ark.1. Forrest City Cases (CA 8) Fall 1965: Hundreds of demonstrators arrested in school desegregation protest. Pls filed 6 removal petitions. DC remanded; appeals and motions to stay pending.

John Walker, Esq, 700 W 9th St, Little Rock; NAACP Inc Fund.

And see Forman, 55.Ala.8.
73.Ala.1. Alabama v Davis (Clarke Co) (SD Ala) Summer 1965: Civil rights worker assisting Negroes to register to vote; arrested. Sept 16: removed to DC; pending.

Oscar W Adams, Jr, Esq, 1630 4th Ave N, Birmingham; NAACP Inc Fund.
73.Ala.2. Alabama v Lyon (Marengo Co) (SD Ala) Def, white physician, member Medical Comm for Human Rights, attempting to help Negroes obtain rights under 1964 Civil Rights Act, arrested: practicing medicine without license. Nov 19, 1965: Removed to DC, pending.

Peter Hall, Esq, 1630 4th Ave N, Birmingham; NAACP Inc Fund.
73.Ala.3. Eutaw Housing Authority v Dew (Greene Co) (ND Ala) Sept 17, 1965: Civil suit to evict Def, civil rights worker, from public housing project removed to DC. Sept 29: motion to remand filed.

Oscar W Adams, Jr, Esq, 1630 4th Ave N, Birmingham; NAACP Inc Fund.

And see cases at 423.
73.Ala.4. Morgan v Wardy (MD Ala) 1965: 2 civil actions charging Def with malicious prosecution removed to DC on grounds of diversity and civil rights; pending.

Fred D Gray, Esq, 34 N Perry St, Montgomery; NAACP Inc Fund.
73.Ala.5. Tuscaloosa v Rogers (CA 5, #21700) Defs removed 80 criminal cases to DC; DC remanded. On appeal, CA 5 reversed, sent cases to DC with directions to entertain proof of allegations making §1443(1) claim.

Oscar Adams and Demetrius Newton, Esqs, 1630 4th Ave N, Birmingham; NAACP Inc Fund.
73.Ala.6. Alabama v Wright (Greensboro) (DC Ala) Jy 7, 1965: Def encouraging voter registration in Hale Co; arrested: failing to obey officer, resisting arrest. Jy 29: Def removed to DC. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.
73.Ala.7. Opelika v Young and Jones (MD Ala) Sept 1, 1965: City officials refused parade permit claiming lack of jurisdiction; civil rights parade held: 64 arrested: parading without permit. Some released on bond, others fined without h'g. Defs removed all cases to DC; State moved to remand. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Fla.1. Eubanks v Florida (St Augustine) (MD Fla, Jacksonville Div, ##64-294 to -297-CRJ) (242 FSupp 472, 10 RRLR 1264) Nov 14, 1963: Grand jury indicted 3 Negroes for 2d degree murder and 1 as accessory. May 19, 1964: Defs, by counsel, filed motions for change of venue because impossible to get fair trial since: dec'd white male killed while riding in car with KKK leader; KKK active in Co; hundreds of Negroes arrested in civil rights demonstrations, which injured Co's economy causing prejudice by whites against Negroes, esp Defs, and fear in Negroes making them incapable of testifying truly; Cir Ct held h'g; denied. Oct 19: Defs filed removal petitions on same grounds. Je 10, 1965: DC remanded: 28 USC §1443 does not cover charges under valid laws.

And see Wells, 54.7b.
58.21. Georgia v Rachel; Georgia v Tuttle (USSC) Facts: X DOCKET 16, 25, 96, 138. Mar 5, 1965: CA 5 reversed DC decision to remand. Oct 11, 1965: USSC granted cert.
73.Ga.1. Shephard v Griffin (CA 5) 1965: Civil rights leader arrested: cursing and fighting. Def removed. After hearing, DC remanded. Appeal pending.

Donald Hollowell and Howard Moore, Esqs, 859½ Hunter St NW, Atlanta.
73.Ga.2. Dublin v Bolden (SD Ga, #1735) 1965: 2 local Negroes picketing service station; arrested: cursing. Defs removed to DC. Pending.

Donald Hollowell and Howard Moore, Esqs, 859½ Hunter St NW, Atlanta.
73.Ga.3. Crawfordville v Cooper, Jr (SD Ga, #5027) 1965: Local Negro drove to segregated state facility, fled hostile white mob; arrested: reckless driving. Def removed to DC. Pending.

Donald Hollowell and Howard Moore, Esqs, 859½ Hunter St NW, Atlanta.
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73.Ga.4. Crawfordville v Barcus (SD Ga, #5028) Jy 1965: 30 picketing for equal rights arrested. Defs removed to DC, pending.

Donald Hollowell and Howard Moore, Esqs, 859½ Hunter St, NW, Atlanta.
73.Ga.5. Columbus v Saucier (MD Ga) 1965: Negroes picketing place of public accommodation; arrested: parading and picketing without permit. Defs removed to DC; pending.

Donald Hollowell and Howard Moore, Esqs, 859½ Hunter St, NW, Atlanta.
73.Ga.6. Sims v SNCC (Dougherty Co) (MD Ga) 1965: Pl sued Def organization in Co Ct for civil damages for loss of business due to 1963 civil rights activities. Defs removed to DC, petition based on §1443 and §1441(a). DC remanded without hearing. Appeal pending.

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

And see Carl Smith v SNCC, 30.17.
522.Ill.1b. Bd of Educ v Chicago NAACP (CA 7, #65 C 942) Facts: X DOCKET 157. Je-Aug 1965: demonstrations for integrated schools; 416 arrested. Coordinating Comm of Community Organizations filed removal petition, alleging hostility, prejudice of mayor, city officials, Muni Ct prevent fair trials. Sept 8: DC remanded.
73.La.1. School Bd v Bogalusa Voter's League (CA 5) Oct 20, 1965: Bd obtained ex parte temporary restraining order to prevent Defs from encouraging or permitting children to demonstrate or boycott schools. Oct 21: Defs filed petition to remove, to stay or dissolve restraining order. Oct 27: after h'g on State's motion to remand, DC remanded. Nov 3: CA 5 denied stay. Appeal pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.

And see Austin, 55.La.5.
73.La.2. Jonesboro v Jackson, Reed, Bradford (DC La) Jy 18, 1965: Civil rights demonstration, 2 local Negroes, 16 civil rights workers arrested: obstructing traffic, parading without permit. Jy 25: Defs removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.
73.La.2a. Louisiana v Amos (Jonesboro) (DC La) Jy 21, 1965: 16 civil rights workers, local Negroes picketing; arrested: disturbing the peace, resisting arrest, unlawful assembly; $500 to $1500 bond each. Jy 26: Defs removed to DC, filed petitions for habeas corpus, motion to reduce bail. When Defs posted bond, DC dismissed habeas petition as moot. Pending.
73.La.2b. Louisiana v Potts, Saunders, Fenton, Lawrence (Jonesboro) (DC La) Jy 25, Aug 10, 1965: During demonstrations at cthouse, 2 local Negroes, 2 white CORE workers arrested. Aug 22: Defs removed to DC, pending.
73.La.2c. Louisiana v Evans, Davis (Jonesboro) (DC La) Aug 10, 1965: During demonstrations at store, 2 local Negroes arrested: disturbing the peace, resisting arrest. Aug 25: Defs removed to DC; pending.
55.Miss.2. Crawford v Mississippi (CA 5, #22382) Facts: X DOCKET 24, at 73. Appellants argue in brief opposing remand: (1) Res judicata does not apply to collateral attack on removal petition claiming denial of fair trial; (2) DC erred in not granting full h'g on merits of removal petition. Pending.

Bruce C Waltzer, Esq, 1006 Baronne Bldg, New Orleans; R Jess Brown, Esq, 125½ N Farish St, Jackson; Kunstler, Kunster, & Kinoy, Esqs, 511 5th Ave and John M Pratt, Esq, 475 Riverside Drive, all of NYC.
55.Miss.11. Collins v City of Jackson (CA 5, #21538) Facts: X DOCKET 137, 140. SD granted motion to remand after h'g. Aug, 1965: Appeal to CA based on local customs and policies, de facto denial of equal rights and state laws sanctioning and encouraging racial discrimination. Pending.
73.Miss.2. Ashland v Beckley (DC Miss) Oct 4, 1965: Def driving people to fedl voting registrar; arrested: 2 traffic violations; $250 bond. Oct 7: Def removed to DC. Oct 30: state moved to remand; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.3. Mississippi v King (Bolivar Co) (ND Miss) Je 10, 1965: Miss Freedom Labor Union attempted to talk to cotton choppers and encourage strike; 6 arrested: profanity, disturbing the peace; 1 Def: assault and battery. June 25: Defs removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.4. Mississippi v Barber (Canton) (SD Miss) Nov 2, 1965: White Delta Ministry worker objected to segregated lines to purchase license plates: arrested: profane language, disturbing the peace. Nov 8: Def removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.5. Mississippi v Raymond (Forrest) (DC Miss) Sept 4, 1965: CORE project director arrested: reckless driving; bond set. Sept 15: Justice of Peace convicted: $150. Oct 20: Appeal perfected; Def removed to DC. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.6. Greenville v Novick (ND Miss) March 22-24, 1965: White and Negro civil rights workers going to picket factory; 25 arrested: refusal to obey officer. March 31: Defs removed to DC; Apr 13: City moved to remand, served Defs with interrogatories, requests for admissions. Defs moved to quash: DA not entitled to pre-trial discovery in criminal case. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.7. Holly Springs v Walker (ND Miss) Sept 17, 1965: Police allegedly planted whiskey in MFDP office during raid, arrested Def-local Negro: illegal possession of whiskey; $500 bail. Sept 18: During trial, Def's witnesses and lawyer arrested. Sept 23: Def removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

And see 73.Miss.7a.
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73.Miss.7a. Holly Springs v Jelinek, Harvey, Kuenzli (ND Miss) Sept 18, 1965: During Walker's trial, 73.Miss.7, Atty Jelinek advised Harvey, white librarian, not to answer certain questions; both arrested: obstructing justice. Kuenzli, white college prof, testified for Def, arrested: improper license plates. Sept 20: Prof arrested by Co police: same charge. Sept 23: Defs removed to DC. Oct 15: State moved to remand. Pending.
73.Miss.8. Indianola v Cableton (DC Miss) March 1965: 4 local COFO workers went to restaurant, offered SNCC button to white man; arrested: disturbing the peace; $100 bond. Ct refused property bond. Defs prepared habeas petition; State ct released Defs without bond. April 6: Defs removed to DC; pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.9. Jackson v Catchings (CA 5) Jy 12, 1964: Negro woman attempted to get service at Greyhound terminal, beaten by restaurant employee; arrested: disturbing the peace. Jy 17: removed to DC. Mar 25, 1965: DC remanded but granted stay pending appeal.

R Jess Brown, Esq, 1105½ Washington St; Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.10. Jackson v Klein (SD Miss) Mar 15, 1965: Civil rights demonstration planned for cthouse; 6 arrested on way: disorderly conduct. City Ct convicted: 30 days, $200. May 11: Defs removed. May 19: State moved to remand. Pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.11. Jackson v Sumrall (SD Miss) April 20, 1965: Negroes attempted to walk from Negro section to downtown hotel to protest appearance of Selma Sheriff Jim Clark; 12 arrested: parading without permit. Apr 26: Defs removed. May 5: city asked for remand. Pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.12. Mississippi v Archie (Jackson) (SD Miss) Je 21, 1965: Negro Def, 16, driving civil rights workers from Edwards to Jackson; arrested: crossing yellow line, speeding, improper license. Police did not permit Def to phone for counsel, allegedly harassed him. Justice of Peace tried him, without counsel; convicted: $232 or 3 mths. Def not permitted to call, without funds, jailed. Jy 17: Def notified family; Atty filed coram nobis; J. P. refused all papers. Jy 2: Def removed, DC set $200 bond; Def paid, released. Aug 26: DC granted state's motion for remand, stayed pending appeal.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.13. Jackson v Alexander; Alexander v Cox (SD Miss; CA 5) (348 F2d 894, 10 RRLR 1267) Je, 1965: Large civil rights demonstrations. Je 14: Police arrested 1100 whites and Negroes; parading without permit, leafleting. Pets presented 3 joint removal petitions for 400 Defs; DC refused to file under DC rule requiring individual petitions. Pets filed motions with DC for leave to file 3 petitions; judge did not rule. Pets filed petition for writ of mandamus in CA to DC to accept petitions. Je 24: CA held application in abeyance, suggested DC act promptly, citing Lefton, 73.1, 333 F2d 280. DC held each Pet must verify removal petition. Jy 13: CA adjusted DC rule: each Pet in city must verify; attys can verify for those absent. Cases awaiting decision in Guyot and Strothers, 51.Miss.4.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson; NAACP Inc Fund; Lawyers Comm for Civil Rights Under Law, 233 N Farish St, Jackson, Mississippi 39201.
73.Miss.14. Mississippi v Bass, Klein, Wilcox (Jackson) (SD Miss) Jy 7, 1965: Negroes and white left demonstration, walking toward Capitol; arrested: new anti-parade ordinance. Jy 12: Defs removed to DC, which reduced bond from $200 each to $100, $50 and recognizance.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.15. Jackson v Ross (SD Miss) Oct 16, 1965: Def Negro used theater men's room; arrested: disturbing the peace, resisting arrest. Police allegedly beat Def at station. Oct 25: Def removed to DC, pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.16. Mississippi v Allen (Magnolia) (CA 5) March 1 and 2, 1965: Demonstration at cthouse: 92 arrested: anti picketing statute. Apr 23: Defs removed to DC. State moved to remand. Je 12: DC granted remand. Je 21: DC stayed remand pending appeal.

Alvin J. Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.17. Meridian v Kaslo (SD Miss) Feb 17, 1965: COFO, CORE workers demonstrated, picketed Lamar Hotel; 15 arrested. Bail set; Defs released; Defs removed to DC.

LCDC; Claudia Shropshire, Esq, Nat Lawyers Guild, 507½ N Farish St, Jackson.
73.Miss.18. Mississippi v Grandison (Moss Point) (CA 5) March 9, 1965: Demonstration by white and Negro civil rights workers at Negro high school; 26 arrested: trespassing, refusal to obey officer. Mar 15: Defs removed to DC. Apr 19: State moved to remand. June 1: DC granted remand but stayed pending appeal.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.18a. Mississippi v Bass, Karpe, Ramsland (Moss Point) (SD Miss) Aug 17, 1965: 3 civil rights workers tried to integrate restaurant, attacked, chased away, arrested: disturbing the peace, destroying personal property. Aug 25: Defs removed to DC; state moved to remand. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.19. Mississippi v Davis (Natchez) (CA 5) Mar 12, 1965: Civil rights workers demonstrating at city auditorium; 8 arrested: disturbing the peace. Mar 27: Defs removed to DC. Je 2: DC remanded. Appeal pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.19a. Natchez v Day (SD Miss) May 29, 1965: White and Negro civil rights workers attempted to integrate park; 30 arrested: unlawful assembly. $500 bond. Je 4: Defs removed to DC, moved to reduce bond. Je 16: US Commr reduced bond for 8 Defs unable to raise it, released them. Je 23: City moved to remand. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
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73.Miss.20. Natchez v Ladner, Easton (SD Miss) Sept 3-4, 1965: 10 civil rights workers arrested: leafleting without permit. Defs posted bond, removed to DC; pending decision in Easton, 63.42.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.21. Mississippi v Carver, Kemp (Olive Branch) (DC Miss) Je 12, 1965: Civil rights workers testing policy of restaurant; white arrested while inside: obstructing side-walk. Je 22: Negro driving away after testing restaurant arrested: failing to stop before entering highway. Jy 6: Defs removed to DC. Jy 9: State moved to remand; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
73.Miss.22. Mississippi v Morgan Brown (Rosedale) (ND Miss) July 30: Civil r