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CIVIL LIBERTIES DOCKET
Vol. XII, No. 1
November, 1966
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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

MATERIAL ON US SUPREME COURT:

Articles: William J Brennan, Jr, Supreme Court and Meiklejohn interpretation of First Amendment. 79 Harvard 1-20.

James C Millstone, High court retreats on rights—Majority decisions strengthen hand of Southern law officers. St Louis Post-Dispatch, Key List Mailing 243.

Paul J Mishkin, The Supreme Court, 1964 term, 79 Harvard 56-102.

Benjamin G Rader, Barbara K Rader, The Ely-Holmes friendship, 1901-1912. 10 Am Jour of Legal Hist 128-47.

GENERAL CONSTITUTIONAL MATERIAL:

Articles: Henry M Holland, Jr, Cardozo on legal method. 15 Jour of Pub Law 122-49.

Justine Wise Polier, Judicial review in democracy: Dissenting opinion. 3 Houston 354-66.

Peter Feller, Karl L Gotting, The Second Amendment. 61 Northwestern 46-70.

Michael R Klein, Towards an extension of First Amendment: right of acquisition. 20 U Miami 114-47.

Alex B Lacy, Jr, The Bill of Rights and Fourteenth Amendment: Evolution of absorption doctrine. 23 Washington and Lee 37-65.

Survey: David W Robinson II, Constitutional law. 18 SC 21-9.

GENERAL ADMINISTRATIVE MATERIAL:

Article: Kenneth Culp Davis, Judicial control of administrative action: 66 Columbia 635-78.

Note: District court has jurisdiction to enjoin FTC from violating its own procedural rule incorporated into consent decree: Elmo Div of Drive-X Co v Dixon (348 F2d 342, DC Cir 1965). 41 NYU 198-202.

FREEDOM OF SPEECH, PRESS, ASSEMBLY (10-99) 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.
10. Licensing (and 203, 204, 257, 264)
11. Of Meetings (see also 201)

11.18a. San Francisco Mime Troupe v Recreation and Park Commn (San Francisco Super Ct, #567442) Facts: XI DOCKET 1, 59, at 11.18. Jy 7, 1966: Super Ct issued temporary order that Pl be allowed to perform for 2 week-ends, pending re-writing of Def's regs concerning theatrical groups in parks. Def submitted two regulations to ct; ct ruled regs unacceptable: they would have censored and harrassed Pl.

Stephen Adams, Esq, Mills Bldg, San Francisco.
11.22. Chicago v Rockwell (Chicago Muni Ct) Sept 10, 1966: Def, natl head of American Nazi Party, led march through Southside Negro district. Arrested: holding public meeting and soliciting funds in public park without permit. Pending.

And see Forbes, 51.Ill.11.
11.23. Monroe v Co of Los Angeles (Los Angeles Super Ct, #882358) 1966: Organization invited Pl minister to participate in free Easter sunrise services in Def's public facilities. Pl made statement on US-Cuba trade; Organization withdrew invitation. Pl sued for Def to withdraw permission for organization to use public facilities. Pending.

A L Wirin, Fred Okrand, Laurence R Sperber, Esqs, ACLU, 257 S Spruce St, Los Angeles.
11.24. Pls v Natl States Rights Party, Lynch, Carroll (Cir Ct, Baltimore) Jy 29, 1966: Ct issued 10-day injunction prohibiting Def-organization from holding public rallies, Defs Lynch, Carroll, Norton from speaking at them, Defs Cordle, Hindle from participating in any rallies. Aug 11: after 3 day h'g, ct held Defs "implanted . . . idea of hanging in crowd's mind"; extended injunction for 90 days.
11.25. Fowler v San Fernando Police (Saugus) (CD Calif) KKK planned meeting, leased land from US Forest Service, which forbade cross burnings. Sept 15, 1966: Pl, Calif ch of KKK, sought temporary restraining order prohibiting police from interfering with meeting. DC found no evidence Defs threatened to disturb meeting, said police could prevent hecklers from interfering, denied request.

And see Fowler, 204.20.
12. Of Motion Pictures (see also 14, 52)
Articles: David C Baldus, Pennsylvania's proposed film censorship law-HB 1098. 4 Duquesne 429-41.

John R Verani, Motion picture censorship and doctrine of prior restraint. 3 Houston 1-10.


12.13. Freedman v Mason and Maryland State Bd of Motion Picture Censors (Md DC, #16415) Facts: X DOCKET 133, XI DOCKET 1. After filing of suit, Md Ct of App ruled portions of Censorship Act unenforceable, rendering suit in fedl ct moot. Dismissed.

See Freedman, 52.76a.
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12.14. Smith, Mullan v Crumlish (Philadelphia) (Super Ct ##327, 328) Facts: X DOCKET 133. Super Ct affirmed: §§528, 529 of Penn Pen Code unconstitutionally vague; (2) procedure used in seizing film unconstitutional, (3) §§ 528, 529 fail to specify mens rea necessary for guilt.
12.25. Cusak v Teitel Film Corp (Chicago) (Ill Sup Ct, ##40214, 40215) Police chief refused to issue permit to Def to exhibit film, "Rent-a-Girl"; Def requested Pl, Motion Picture Appeal Bd, to review. Jan 24, 1966: Pl viewed film, took it into custody. Feb 9: Pl filed complaint, seeking injunction against showing of film. Def moved to strike and dismiss: (1) ordinance under which Pl operates is unconstitutional, (a) prior restraint of expression has heavy presumption of invalidity, (b) no authority in Pl to retain custody of film, deprivation of property without due process, (c) delay between time of viewing film and time of summons to Def constitutes unconstitutional restraint upon freedom of expression, (d) no constitutionally valid definition of obscenity; (2) complaint vague, uncertain, evasive. Cir Ct denied Def's motions. Def appealed. Pending.

Elmer Gertz, Esq, 120 S LaSalle St, Chicago 60603; Miller and Miller, Esqs, One N LaSalle St, Chicago 60602.
12.26. Re Dallas Classification Ordinance (CA 5) Aug 1966: CA upheld Dallas ordinance creating review bd to whom motion picture exhibitors are required to submit their classifications of pictures as either "suitable" or "unsuitable" for viewing by persons under 16 unless accompanied by "parent, guardian, husband or wife." Ct rejected argument ordinance unconstitutionally vague; held "a properly drafted classification statute is a constitutional method of protecting children from motion pictures obscene as to them."
12.26a. Re Birmingham Ordinance (ND Ala) 1966: Action filed contesting validity of ordinance (1) creating bd to determine whether film is `moral and proper' for viewers under 18, (2) requiring exhibitors to display sign indicating classifications. Ct granted temporary injunction staying operation of bd pending decision of suit.
12.26b. Re New York Statute (NY Ct of App) 1966: NY State Bd of Regents, censorship body, attempted to comply with Freedman, 52.76, 380 US 51, through procedural amendment of rules and regulations. Ct of App held statute and amended rules unconstitutional: failed to include required safeguards. New legislation purporting to include safeguards failed to pass NY legislature.
12.27. Fine Arts Guild v Seattle (Wash Sup Ct) Def's Film Censorship Ordinance provided for (1) city censor bd, (2) age classifications for viewing films, (3) restrictions on theatre advertisements. 1966: Super Ct held ordinance unconstitutional as prior restraint with no procedure for immediate appeal, stated age classification provisions could be reformulated as long as no prior restraint. Def's appeal to Sup Ct pending.

Ray Brown, Esq, ACLU, 2190 Smith Tower, Seattle.
13. Of Peddlers, Literature Tables (and 112, 152)
14. Of Books, Magazines (and 22, 52)
Legislation note: Obscene literature. 18 Vanderbilt 2084-89.
14.19. G P Putnam's Sons v Calissi, Bergen Co Pros (Hackensack) (NJ Super Ct, App Div, #A-476-64) Facts: X DOCKET 87, 133. After lower ct decision, USSC handed down decision in Memoirs, 52.Mass.4, 383 US 413, holding book not obscene. Def refused to consent to dismissal: USSC decision confined to particular facts of Massachusetts case. On appeal, Pl argues: (1) decision in USSC case directly controls present case and requires reversal, (2) in any event, principles established by USSC in that case require reversal on present record. Pending.

Rembar & Zolotar, Esqs, 521 Fifth Ave, NYC.
14.21. Long v Anaheim and Garden Grove (Orange Co Super Ct) 1966: Pl, leader of Socialist Labor Party, publisher of Weekly People, sued for injunction restraining enforcement of Def city ordinances requiring license to distribute newspaper: ordinance does not apply to political parties, or, if it does, is unconstitutional under guarantee of freedom of press. Ct held ordinance properly applied. Pl's appeal to 4th Dist Ct of App pending.

Tony Geram, Esq, 8408 Sierra Ave, Fontana; A L Wirin, Fred Okrand, Laurence R Sperber, Esqs, ACLU, 257 S Spruce St, Los Angeles.
15. Of Miscellaneous Activities

15.11. California v Forbes (LA Super Ct, App Dept, #CRA 6454) Facts: XI DOCKET 1. Conviction reversed.

Amicus for S Calif ACLU by Allen I Neiman, Esq, 849 S Broadway, Los Angeles.
15.13. Office of Communication of United Church of Christ v FCC (formerly Henry, Smith v FCC) (Jackson, Miss) (CA DC) Facts: XI DOCKET 59. Cite: 359 F2d 994 (1966).
15.14. Rivers, Inc (WJAZ) v FCC (CA DC, #19076) (351 F2d 194, 11 RRLR 58) 1965: FCC denied Pl's Albany, Ga, radio station application to broadcast at night as well as during day on ground that Pl came under Commn's rule (47 CFR §73.28(d)) that permits should be refused if as many as 10% of the residents in a proposed service area would be unable to receive the broadcasts. Pl appealed denial, argued that other stations in area did not adequately serve the interests of Negro community. Aug 24: CA affirmed Commn ruling: held (1) Pl's evidence failed to show it was the only station serving Negro community; (2) no abuse of discretion by Commn in not waiving rule—no showing decision precluded Negro groups from having at least one outlet for self-expression.
15.15. California v Camejo (Berkeley) (Muni Ct, #12131) Apr 12, 1966: street demonstration held to protest war in Vietnam; broken up by police; Defs arrested: violation of ordinance requiring sound permit from police chief for loud-speaker equipment used on streets. Je 19: Muni ct ruled ordinance unconstitutional: lacks standards to guide discretion of chief of police.

Garry, Dreyfus & McTernan, Esqs, 341 Market St, San Francisco 94105.
15.16. Tissot v Seattle (King Co Super Ct) 1966: Police denied
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Pl dance permit because he was trying to raise money for Bohemian Festival. Pl brought suit to declare dance ordinance unconstitutional: arbitrary enforcement, void for vagueness, no set standards to determine eligibility. Pending.

John Darrah, Esq, ACLU, 2120 Smith Tower, Seattle.
15.17. Concept East Theatre, Inc v Detroit (Wayne Co Cir Ct) Def denied Pl license because of showing of two "obscene" plays by LeRoi Jones. Ct reversed, held for Pl; theatre license renewed.

John Fillion, Esq, 8000 E Jefferson (Legal Dept), Detroit.
16. Of Parades (and 55, 63)
And see Rutledge, 73.Miss.25; Benson, 55.NH.2, .3.

And see Shuttlesworth, 55.Ala.4c; Montgomery, 55.Ala.11; Cunningham, 63.54.


16.3. Hicks v Cutrer (Bogalusa) (ED La, #66,225) Aug 23, 1966: Pl brought class suit for city Negroes to declare unconstitutional a city ordinance regulating marches and parades and to enjoin its enforcement. Sept 15: Trial; decision pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans 70113.

See earlier suit with same title, 63.31b, XI DOCKET 11.

And see earlier Bogalusa cases: 55.La.4, .5, .5a, .6, .7, .8, 63.31b, 73.La.1.
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster (and 12, 14)
UN DECLARATION OF HUMAN RIGHTS: Art 19

Article: Jay A Sigler, Freedom of the mails. 54 Georgetown 40-54.

23. On Government Information and Secrecy
24. On Students and Professors (see also 56, 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.

And see Oregon v Buchanan, 42.26.

Symposium: Student rights and campus rules. 54 Calif 1-178.

Article: Marc Okrand, Report Card, Open Forum, ACLU, 323 W Fifth St, Los Angeles 13. June, 1966.

Opinion: Atty Genl of California: Student may be suspended or expelled for behavior inimical to welfare of other students or behavior which adversely affects school discipline, whether such behavior occurs on or off school grounds. Student may be excluded for indefinite period if school district governing bd determines he suffers from `filthy or vicious habits' or has mental disability which causes his attendance to be inimical to welfare of other pupils. Jy 12, 1966, #66/23.


24.37. California v Savio and 571 Others (U of Calif-Berkeley) (Alameda Co Super Ct, App Dept, Cr #235) Facts: X DOCKET 88, 122, 133, XI DOCKET 2, 60. Sept 15, 1966: Appts filed opening brief (445 pp), including numerous statutory and constitutional arguments, comparison of sentences, Byrne Report. Pending.

Henry Elson, Esq, 2020 Milvia, Berkeley 94704. Price of brief: $5.

And see 24.37b; Poland, 55.Calif.18.
24.37b. Atthowe v U of California; Eisen v U of California (Berkeley) (Alameda Co Super Ct) Pl-Atthowe sued Def to give her access to documents filed with Univ stating names, addresses of officers, faculty sponsors of student organizations. Super Ct ordered Def to show cause why it should not answer request. Def said it would give information to Pl-Atthowe, on advice of Univ general counsel. Oct 10, 1966: when Pl-Atthowe went to pick up documents, she was handed temporary restraining order, filed by Pl-Eisen, ordering Def-Univ to show cause why it should be forced to hand over documents: violation of First Amdt right to privacy. Super Ct denied Pl-Eisen's motion: documents part of public record. Pl-Atthowe received documents.

Arthur Wells, Jr, Esq, 2890 Telegraph Ave, Berkeley.
24.40. Stanton v Dumke. Facts: X DOCKET 134. Cite: 43 Cal Rptr 873 (Cal DCA 1, 1965).
24.42. Parker v Bd of Educ. Facts: X DOCKET 134, XI DOCKET 60. Cite: 348 F2d 464; cert den: 382 US 1030.
24.45. California v Peters, Cuddy (San Francisco Muni Ct) Facts: XI DOCKET 2, 60. Appeal pending.
24.46. Schiff v Michigan State Univ (WD Mich) Facts: XI DOCKET 3. Pursuant to DC decision, Faculty Comm on Student Affairs held long h'g, found Pl guilty on 6½ of 8 charges, held Def had rightfully denied Pl readmission. Pl filed new suit, alleged Def Univ Pres told Faculty Senate meeting before h'g that Pl disciplined for having gone to ct. Jan 1966: Faculty readmitted Pl before DC h'g. Closed.

Kenneth Laing, Esq, 1502 Michigan Natl Tower, Lansing; Paul Williams, Esq, Grand Rapids; Erwin Ellmann, Esq, Detroit, for Michigan ACLU.
24.51. Jones v Bd of Regents (U of Arizona) (DC Ariz, #2142-Tucson) Facts: XI DOCKET 61. Defs moved to dismiss; order to show cause submitted. Pending.

S. Leonard Scheff, Esq, 1535 East Broadway, Tucson 85719, for ACLU.
24.53a. John S Hodge v Principal, Valley High School, J C Cantrell and Jefferson Co Bd of Educ (Jefferson Cir Ct) 1966: Pl-parent sued Defs for suspending high school junior for wearing Beatle-type haircut. He is now attending school by ct order. Pending.

Edwin W Paul, Esq, Center Bldg, Louisville.

And see Collins, 553.NJ.2.
24.53b. Poll v Knorr (Wash Sup Ct) Def suspended Pl, 13-year old honor student, for refusing to cut his long hair. Ct
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granted temporary restraining order; at subsequent hearing for preliminary injunction, judge dismissed. Appeal to Wash Sup Ct pending.

David H Hood, Michael H Rosen, Esqs, ACLU, 2190 Smith Tower, Seattle.
24.53c. Thompson v Redondo Union High School Dist (Los Angeles Super Ct, #C-885593) Pl denied right to run for student body office: platform advocated that student government should set standards of dress and grooming. Pl filed petition for writ of mandate. Pending.

Paul Cooksey, Esq, 9900 Lakewood Blvd, Suite 107, Downey, Calif.
24.53d. Marshall v Oliver (Va Sup Ct of App) Pl students (Richmond Professional Institute), state school, denied registration: Pls wore beards and long hair in violation of school regulation. Pls sued for admission. Cir Ct dismissed on merits. Appeal pending.

Howard H Carwile, Esq, Richmond, Va.

And see Forstner, 25.12.
24.55. Mississippi v Sellers, Smith, Jeffries, Moore (Alcorn Co Ct) Facts: XI DOCKET 61. Much unrest at Alcorn A & M College: students protesting strict college regulations. Apr 1966: Defs attempted to meet with student protestors; arrested: trespassing on state property, disturbing peace.
24.56. Pickering v Bd of Educ (Will Co) (Ill Sup Ct) Sept 22, 1964: Pl-teacher submitted letter, critical of Def-school bd and supt, to local newspapers. Sept 24: letter published. Oct 8: Def-bd voted to dismiss Pl: letter contained many false statements, injurious to bd, admr, and school. Def-Bd held h'g, confirmed dismissal of Pl. Pl sought review under Administrative Review Act. Mar 2, 1966: Cir Ct affirmed Bd decision. Pl appealed to Sup Ct: (1) Pl's right of free speech infringed—(a) criticism of public officials by statements not knowingly or recklessly false is protected, (b) fact of gov't employment does not alter constitutional standards which must be applied; (2) Def-Bd lacked statutory authority to dismiss Pl; (3) grounds, even if proper for dismissal, not irremediable. Pending.

Ligtenberg, Goebel & DeJong, Esqs, 134 No LaSalle St, Chicago 60602.
24.57. Cohen v Mississippi State Univ (DC Miss) Pl, managing editor of Def-Univ newspaper, wrote articles critical of Univ policies. Pl got series of parking tickets from campus police; Pl found no provision for trial or due process, even though statute said ticket convictions automatically misdemeanors and could result in jail sentence. Def referred tickets to JP; Pl arrested, incarcerated, not released until he posted cash bond. Pl filed complaint in DC seeking to enjoin prosecution, continued ticketing of Pl. DC granted preliminary injunction barring further prosecutions and barring Def from taking diciplinary proceedings against Pl. H'g held; State Atty Genl conceded all regulations unconstitutional; regs revoked. 3-judge fedl ct upheld enabling statute, but due process failures cured.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
24.58. Shields v St Johns Univ (NY Sup Ct, App Div, #8641-1966) 1965: teachers dismissed for making complaints about academic freedom and administrative matters. 1966: 24 teachers struck in sympathy with dismissed colleagues; names of 24 listed in Univ catalogue as faculty members. United Fed of College Teachers, AFT Local 1460, sued for damages, on behalf of 24: Pls "being held up to ridicule because of this misuse of their names." June 9: Sup Ct denied order for temporary injunction against Defs. July 11: App Div vacated lower ct order.

Delson & Gordon, Esqs, 120 E 41 St, NYC.
24.59. Snyder v Bd of Trs, Univ of Illinois (Chicago) (ND Ill) State legislature passed Clabaugh Act: prohibits instructors and other Univ employees from extending "to any subversive, seditious, and un-American organization . . . the use of [University facilities] for any purpose of carrying on, advertising or publicizing the activities of such organizaiton." Defs used statute to keep Communist speaker off campus. Pls, faculty and students at Univ, seek to enjoin Defs from continuing to enforce statute. Pending.

David J Krupp, Robert Plotkin, Esqs, 208 S LaSalle St, Chicago 60604.
24.60. Dickson v Sitterson (U of NC) (MD NC, #C-59-G-66) 1963: NC legislature passed Speaker Ban Law: Chancellor of state-supported universities must give express approval before designated speakers (known Communists, those who have pleaded Fifth Amdt, those who advocate overthrow of govt of US or NC) can speak on campus. SDS invited Herbert Aptheker, historian, Communist Party member, and Frank Wilkinson, chairman of Natl Comm to abolish HUAC, to speak on campus; acting Chancellor denied clearance. SDS organized Comm for Free Inquiry (CFI), broad-based coalition of student groups, headed by Pl, student body president. Speakers given new invitation. Mar 9, 1966: Aptheker and Wilkinson spoke on campus; campus police interrupted meeting, ordered crowd off campus; they moved off campus and continued speeches. CFI sued in DC, seeking injunction against legislature: (1) legislature has no right to tell Univ president how to regulate speakers, (2) speaker ban applies only to political left, thus violating right to equal protection, (3) legislative restriction on speakers is prior restraint, violates 14th Amdt as a bill of attainder. Defense requested dismissal: question moot, based on special circumstances that would not necessarily be repeated. Pending.

MacNeil Smith, Esq, Jefferson Standard Bldg, Greensboro, NC.
24.61. TAE Assn, Inc v Birmingham Bd of Educ (Oakland Co Cir Ct) 1966: Pl-fraternity challenged constitutionality of state statute prohibiting fraternities and sororities. Def moved for summary judgment. Pending.

John B Kiefer, Esq, ACLU, 1256 Penobscot Bldg, Detroit.
25. On Miscellaneous Activities
Article: Courtland H Peterson, Rule-making in Colorado—Crisis in procedural reform. 38 Colo 137-77.
25.12. Forstner v Civil Service Commn (Calif Dist Ct of App) Facts: X DOCKET 3, 89. Aug 1966: DCA affirmed decision
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of Super Ct: Pl wrongfully fired for refusal to shave off beard, entitled to salary for 9 mths he was off job; dismissal can be predicated only on order which superior officer is entitled to give and entitled to have obeyed, but such order must be reasonably related to duties of employee.
25.14. Percikof v NYC Parks Dept (NY Sup Ct) Facts: X DOCKET 134. App Ct reversed June 30 ruling of Sup Ct: poet does not have to submit advance notice to be able to read poetry in Washington Sq Park.
25.15. Sokol v Pacific Telephone and Telegraph Co (San Francisco) (Calif Sup Ct) Oct, 1961: Pl's phones removed without notice or h'g, business destroyed because Def received letter from Police Chief that phones being used to aid illegal purpose. H'g before PUC: held no evidence phones being so used, ordered phones permanently restored. Pl sued for damages sustained during 14 days he was without phones. Def argued Super Ct had no jurisdiction: Def acting under PUC rule that Co not liable if acting on basis of letter from law enforcement officer. Super Ct rejected defense. Calif Sup Ct granted writ of prohibition against prosecution of suit pending PUC ruling. PUC held procedure constitutional. Pl appealed. 1966: Sup Ct held PUC rule unconstitutional: (1) phone is essential means of communication, thus any restraint raises questions of free speech, (2) PUC rule does not conform to due process requirements. Sup Ct did not allow Pl to press his damage suit: Def merely following PUC rule. Calif Atty Genl filed petition for reh'g: decision will seriously hamper fight against organized crime. Pending.

Marshall Krause, Leo Borregard, Esqs, ACLU, 503 Market St, San Francisco 94118.
25.16. NYCLU v New York Telephone Co (NY Public Service Commn) Def has tariff requiring recorded telephone messages to include name and address of sponsoring organization or individual. Pl challenges rule. Pending.

Henry Winestine, Henry M diSuvero, Esqs, NYCLU, 156 Fifth Ave, NYC 10010.
25.16a. In re Proposed New Rule on Recorded Public Announcements on Telephone Co Facilities (Calif Pub Util Commn, #8335) Jan, 1966: Telephone co proposed rule requiring all subscribers transmitting recorded public announcements over facilities of Pacific Telephone to include in recorded message name of organization or individual responsible for service, address at which service provided; failure to comply to be cause for termination of service. Proposed rule arose out of controversy over weekly series of recorded announcements called "Let Freedom Ring" which attacked many groups, PTA, Anti-Defamation League. Pending.

Reed H Bement, Esq, 405 Montgomery; Marshall W Krause, Esq, 503 Market, both of San Francisco.
25.17. Minneapolis Fed of Teachers, Local 59 AFL-CIO v Obermyers (Minn Dist Ct, 4th Jud Dist) State statute bars teachers from collective bargaining and striking. Pls challenge constitutionality of statute: violation of rights of equal protection, association and speech, substantive due process. Pending.

Gary B Crawford, Esq, 760 Northwestern Bank Bldg, Minneapolis.

And see Dumpson, 62.6a.
25.18. Bagley v Washington Township Hospital District (Calif Sup Ct, #1 Civil 22323) Pl, hospital employee, member of recall committee contesting election of several incumbent directors of hospital district (a public entity). Pl fired by Def. Trial ct upheld firing: since Pl had no civil service protection, could be fired for any reason. DCA affirmed: person who can be fired `without cause' can be fired for any reason whatsoever. Pl's appeal to Sup Ct pending.

Marshall W Krause, Esq, 503 Market St, San Francisco 94118.
25.19. Firestone v 1st Dist Dental Society (NY Co Sup Ct) Def requires members to submit articles and speeches for approval prior to delivery. Pl seeks to enjoin Def from such activity. Trial pending.

Emanuel Redfield, Esq, 60 Wall St, NYC 10005.
25.20. Hillside Community Church v Tacoma (Pierce Co Super Ct) Pl contracted with city busline to place sign on buses: `End the War in Vietnam Now—Through Peaceful Negotiations'. City received complaints, ordered signs removed. Pl sued to enjoin city from removing signs. Def answered: will not allow signs `inimical to best interests of US and against established policy of US.' Trial pending.

Donald J Horowitz, Allen Overland, David Skellenger, Esqs, Tacoma, Wash.
25.20a. Kissinger v New York Transit Authority (SD NY) Pl sued to compel Def to contract subway advertising space for an anti-war poster. Pending.

Marvin Schlesinger, Esq, 156 Fifth Ave, NYC 10010.
25.20b. Wirta, Duckles v Alameda-Contra Costa Transit District and Metro Transit Advertising (Alameda Co Super Ct, #354607) 1966: Def, public transit district, refused to accept ads from Pls, members of Women for Peace: only paid ads accepted for commercial products. Super Ct ordered injunction to protect Pls' right to place ads on basis of First Amdt. Def appealed. Pending.

Joseph Grodin, Esq, 1035 Russ Bldg, San Francisco.
25.21. Tepedino v Deempson (NY Ct of App) Pls, employees of Welfare Dept, wrote letter to HEW criticizing practices of NY Welfare Dept; fired. Sup Ct denied request for reinstatement. Appeal pending.

Morris Glushein, Jerome Kauff, Esqs, ILGWU, 1710 Broadway, NYC.

And see cases at 421., 422.
25.22. Council on Religion and Homosexual v California State Fair (Sacramento Super Ct) May 1966: Def assigned Pl space for exhibit on homosexuality at fair beginning Aug 31. Aug 26: Def cancelled Pl's permit. Pl sought writ of mandate from Super Ct to compel Defs to reverse decision. Sept 1: Super Ct held Def within its rights in refusing booth: no contract signed, fair management has complete discretion. Fair police ordered Pl pamphleteers away from gate, then relented.

Herb Donaldson, Esq, 333 Franklin St, San Francisco.
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30. Economic Restrictions (see also 251, 261, 268, 281, 571)

30.15. Weaver v Jordan (Calif Sup Ct) (64 AC 243) Facts: X DOCKET 134, XI DOCKET 3. Mar 2, 1966: Sup Ct affirmed Super Ct: Proposition 15, outlawing pay television, conflicts with guarantee of free speech. Appeal to USSC pending.

Marshall Krause, Esq, ACLU, 503 Market St, San Francisco.
30.16. NAACP v Overstreet (USSC) Facts: XI DOCKET 3, 61. Cites: cert dism'd as improvidently granted: 384 US 118; reh'g den: 384 US 981.
30.19. In re Virginia Collins (New Orleans) Pl-organizer in New Orleans-based OEO welfare council permitted protest meeting against police brutality to be held at OEO's community center. Je 15, 1966: Pl discharged. Appeal pending.

Gerald Federoff, Esq, American Bank Bldg, Rm 813, New Orleans.

And see Collins, 51.La.8; 17-year-old, 51.La.8; 16-year-old, 430.12.
30.20. US v Lenske (Portland, Ore) (CA 9, ##19539, 20448) Apr, 1964: DC convicted Def-atty of income tax evasion. Oct 7, 1966: CA reversed DC: (1) IRS agent who investigated Def included in his report files of FBI and local police on Def's political activities, stated he had "reason to believe Lenske is a Communist"; CA held "this ct will not place its stamp of approval on a . . . crusade to rid society of unorthodox thinkers and actors, by using Fedl income tax laws and Fedl cts to put such people in the penitentiary"; (2) IRS agent miscalculated Def's tax deficiencies and "such gross miscalculations make it evident that some element foreign to the functions and duties of a Fedl tax officer was corroding his judgment."
40. Contempt (see also 63, 330s, 390s)
Comments: The coercive function of civil contempt. 33 Chicago 120-33.

Contempt by publication. 60 Northwestern 531-50.

Criminal contempt procedure in Florida—proposals. 28 Florida 78-93.

Summary punishment for contempt: Due process requires notice and hearing before independent tribunal. 39 So Calif 463-69.

41. Of Federal Courts
See Cheff v Schnackenberg (1966) 384 US 373; Shillitani v US and Pappadio v US (1966) 384 US 364.
41.8. Harris v US (382 US 162) Facts: XI DOCKET 62.Note: 11 Villanova 622-32.
41.9. In re Sam Giancana (Chicago) (ND Ill) June 1, 1965: Pet refused to testify before grand jury investigating organized crime, in spite of grant of immunity from prosecution offered by judge; jailed for contempt of grand jury. May 31, 1966: DC freed Giancana, criticised Govt for not charging alleged crime syndicate chief with obstruction of justice and criminal contempt.
42. Of State Courts

42.26. Oregon v Buchanan (Eugene) (Ore Sup Ct, #81275) Def, managing editor of student newspaper of Univ of Oregon, refused to tell grand jury names of persons from whom she obtained material for story on marijuana. Je 28, 1966: Cir Ct convicted Def of contempt of court: no statute protecting reporters who refuse to identify their sources, "the right and remedy of the State . . . defeated and prejudiced by the respondent in her contempt." Def moved for new trial. Pending.

Arthur Johnson, Esq, 641 Pearl, Eugene, Oregon.

And see cases at 24.
42.27. Chicago v Vidnjevich (Chicago) (Muni Ct) Bldg inspector with ct order calling for inspection of hqtrs of Nazi Party not allowed into hqtrs. Pl brought contempt-of-court suit against Def. Pending.
43. Of Other Agencies (see also 270s, 330s)
50. Criminal Sanctions
Article: Burke Marshall, The protest movement and the law. 51 Virginia 785-803.
51. Against Disorderly Conduct and Similar Offenses (and 55)
Articles: Harrop Freeman, Right of protest and civil disobedience. 41 Indiana 28-254.

Elliot L Richardson, Judicial intervention in civil rights movement. 46 Boston 37-44.

Stanley A Weigel, Some reflections on civil disobedience, riots and law. 1 Lincoln 1-7.

Comments: Breach of peace and disorderly conduct laws void for vagueness? 12 Howard 318-31.

Civil disobedience in civil rights movement—to what extent protected and sanctioned. 16 W Reserve 711-24.


51.Ala.7. Tuscaloosa v Bonner (Muni Ct) Aug 19, 1966: Citizens Action Comm held march protesting slum conditions; Def called in by marchers to restore order after leaders arrested. Def dismissed demonstrators, then Negro policeman took Def aside and cursed at him; Def asked for his badge number and was arrested: disorderly conduct. Muni Ct found Def guilty; 6 mths' hard labor, $100 fine. Def's appeal pending.

And see cases at 429.
51.Ala.8. Recorder's Ct of Bessemer v Thomas, Stout (ND Ala SD, ##66,140, 64,210) Persons participating in voter registration drive arrested: using public park. Defs removed to DC. Mar 1, 1966: H'g on motions to remand in both cases. DC remanded to state ct on basis of Forman v Montgomery. 55.Ala.8. Pl's appeal to CA 5 pending.

David H Hood, Esq, Bessemer, Ala.
51.Calif.9. California v Greene (USSC) Facts: XI DOCKET 3. Calif Super Ct upheld statute prohibiting "tumultuous and offensive conduct," "loud and unusual noise." USSC denied cert.
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51.Calif.10. California v Wright (San Diego Super Ct) Facts: XI DOCKET 3. Defs, allegedly jumped on and beaten by police, acquitted of all but disturbing peace charges; 30 days.
51.Calif.12. Pasadena v Weger (Pasadena Muni Ct) Je 12, 1966: Def walking at 3:30 am; stopped by officer, identified self but refused to say where he lived; arrested: violation of Pen Code §647(e): disorderly conduct to "loiter or wander upon the streets or from place to place without apparent reason or business" and to refuse "to identify himself and to account for his presence when requested by any peace officer to do so, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification." Def demurred: section unconstitutional; infringes right of self-incrimination; violates Miranda 353.41, too vague. Muni Ct sustained demurrer.

Allen I Neiman, Esq, Pasadena.

And see cases at 57.
51.Colo.2. Colorado v Perdew, Deluxe (Denver Super Ct, #S-51890) Facts: XI DOCKET 62. Jury found Defs guilty of disturbing peace; Defs fined $100 each. Appeal pending.

Harry K Nier, Esq, 1700 Broadway; Forrest O'Dell, Esq, Majestic Bldg; ACLU as amicus, 1452 Penn, all of Denver.
51.Conn.3. Turner v LaBelle (Hartford) (DC Conn) Shortly after Watts revolt (429.) North End Community Action Project scheduled public civil rights meeting to show solidarity with people in Watts. NECAP informed police of proposed meeting, told no permit necessary. Aug 17, 1965: meeting held; Pls, members of NECAP, addressed crowd of 100-150. After speeches, symbolic coffin carried to city hall; 40 demonstrators present, including Pls; scuffling—police lieutenant injured; Pls arrested: breach of peace. Pls sent other demonstrators home; some demonstrators stoned cars and broke windows. Pls released on bond until criminal term of Super Ct, beginning Oct 5. Oct 4: Pls filed complaint seeking (1) injunction against enforcement of §53-44 (inciting to riot): used to curtail free speech and civil rights activity; (2) to restrain Defs, state officers and police chief, from hindering Pls' exercise of constitutionally guaranteed rights and privileges. Jan 25, 1966: Super Ct denied injunctive relief: since there is readily apparent construction available for rehabilitating statute in single prosecution and since Pls did not show bad faith of Defs in enforcing statute or that there would be irreparable harm to Pls, ct is justified in abstaining from staying proceedings in crim ct. Criminal charges pending.

Emanuel Margolis, Esq, 25 Bank St, Stamford, Conn.
51.Conn.4. Hartford v Smith, Harris (Hartford Muni Ct) Sept 14, 1966: Defs, among 150 Caucasian and Negro welfare recipients, sought meeting with Bernard Shapiro, state welfare commr, to present demands for increased welfare payments and standards. Defs arrested: Disorderly conduct. Pending.

And see 17 Demonstrators, 51.NY.33; and 420s.
51.Fla.3. Florida v Marks (Pompano Beach Muni Ct) Je 21, 1966: Def, Caucasian grocery store owner, allegedly slapped 10-yr old Negro boy; crowd of Negroes gathered at store; police escorted Def and wife to jail; Def booked: assault and battery. Pending.
51.Fla.3a. Florida v 24 Defs (Pompano Beach Muni Ct) After events in Marks (51.Fla.3) crowd grew to 600; some threw bottles at passing cars; police moved into the area, crowd threw rocks and bottles. Defs arrested: unlawful assembly, loitering, disorderly conduct. Pending.
51.Ga.8. Atlanta v 72 Demonstrators (Atlanta Muni Ct) Sept 6, 1966: Caucasian policeman shot and wounded fleeing Negro he was trying to arrest on charge of car theft. Crowd gathered; members of SNCC addressed them; later crowd became disorderly. Mayor spoke to crowd, unable to calm them. 72 persons arrested: disorderly conduct. Pending.

And see Carmichael, 51.Ga.8a.
51.Ga.8a. Carmichael v Allen (Atlanta) (ND Ga, #10421) After events in 51.Ga.8, Pls, leaders of SNCC, arrested: disorderly conduct, insurrection, riot (Code of Ga 26-901, -903, -904, -5301, -5302; sec 2-7 `disorderly conduct,' Charter, Related Laws and Code or Ordinances, Vol II, 1022). Pls brought class action to restrain enforcement of statutes: (1) they violate First Amdt rights, (2) they are void for vagueness, (3) some previously declared unconstitutional. Pls moved for 3-judge fedl ct under 28 USC 2281, 2284, to determine the proceeding. Motion granted. Dec, 1966: Ct enjoined prosecutions under insurrection and insurrectionary literature statutes, §§26-901—26-904. Ct also held Atlanta disorderly conduct ordinance unconstitutional on its face. Ct abstained from determination on constitutionality of riot law: (1) language of statute and of indictment did not show interference with First Amdt right, (2) Pls failed to carry burden of proof that purpose of prosecution is to discourage First Amdt activity. (See Dombrowski, 246.16d). Pls seek further stay to litigate the statute's constitutionality in state cts in non-criminal proceeding. Pending.

Howard Moore, Jr, Esq, 859½ Hunter St, NW, Atlanta 30314; William Kunstler, Arthur Kinoy, Esqs, 511 Fifth Ave, NYC 10017; Len Holt, Esq, 250 Nicholson St, NE, Washington, DC; Morton Stavis, Dennis Roberts, Esqs, 744 Broad St, Newark; Michael Standard, Esq, 30 E 42nd St, NYC 10017.

And see cases at 54.
51.Ill.9. Chicago v Gregory (Muni Ct) June 11, 1966: Def participated in civil rights demonstration; arrested: battery, resisting arrest. May 3: Def convicted by all-Caucasian jury; 5 mths and $1400. Def asked for stay of execution: he is running for office of Mayor, `even the most wanton criminal" is granted stay in such case. Ct denied motion. Appeal pending.

Jean F Williams, Esq, 366 E 47th St, Chicago.
51.Ill.10. Chicago v 32 Persons (Muni Ct) Sept 4, 1966: Chicago CORE led 250 people in march for open housing thru Cicero, all-Caucasian suburb. Spectators threw rocks and bottles at marchers; Natl Guardsmen beat them back with guns and bayonets. 32 spectators, 6 residents of Cicero, arrested. Pending.
51.Ill.10a. Chicago v Lucas (Chicago) Chicago CORE planned march for open housing thru Gage Park, all-Caucasian
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community for Sept 11, 1966. Sept 10: Def, leader of Chicago CORE and of march through Cicero, 51.Ill.10, arrested: failure to pay fines from 3 convictions on disorderly conduct, obstructing traffic, breach of peace charges from civil rights arrest in summer 1965. Sept 11: CORE called off the march, picketed Chicago House of Corrections.
51.Ill.11. Chicago v Forbes (Chicago) (Muni Ct) Sept 10, 1966: Def-Lt in Am Nazi Party, self-professed minister, led march thru Southside Negro district, started chant. Arrested: disorderly conduct, interfering with police. Ct-appointed atty, Negro, argued Def arrested merely because his clerical garb made him stand out as leader of parade. Def waived jury trial; judge found him guilty; $300 fine. Appeal pending.

Fred Ross, Esq, Chicago, Ill.

And see Chicago v Rockwell, 11.22.
51.La.2b. Cox v Louisiana (E Baton Rouge Parish) (Jud Dist Ct) Facts: X DOCKET 135. Aug 10, 1966: CA remanded on basis of Peacock v Greenwood, 55.Miss.5a, 374 F2d 679 (1965) and Georgia v Rachel, 58.21, 382 US 808 (1965). Pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans, La 70113.
51.La.6. Brown v Louisiana (USSC) Facts: XI DOCKET 4, 62. Cite: 383 US 131 (1966).
51.La.7. Louisiana v Ora Magee (Bogalusa) (ED La) 1965: Def-Negro, member of Bogalusa Voters League, picketed segregated conditions at Washington Parish Fair; arrested: blocking traffic, disturbing peace. Mar 1966: Def removed to DC. Pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans, La 70113.
51.La.8. Louisiana v Collins and 17-yr-old (New Orleans Muni Ct) Je 10, 1966: Son of Def arrested for allegedly breaking traffic light (16-yr-old, 430.12). Def argued with arresting police; arrested: disturbing peace, resisting arrest, reviling police, assault and battery on police. Daughter protested mother's arrest; arrested on same charges as mother. Both cases pending.

Gerald Federoff, Esq, Bank Bldg, Rm 813, New Orleans.
51.Miss.4. Guyot v Pierce (Jackson) (CA 5, #22733) Facts: X DOCKET 135, XI DOCKET 4, 63. Jan 28, 1966: Pls filed appellate brief. June 10: argument.

Marian Wright, 538½ N Farish St, Jackson, Miss.
51.Miss.8. McLaurin v Greenville (USSC, #633) (187 So2d 854) Defs, Negro civil rights workers, stood on steps outside municipal bldg while trial ct in session, shouted to crowd protesting disorderly conduct convictions of 2 Negro girls; arrested: disturbing peace, resisting arrest. Trial jury found Defs guilty. Miss Sup Ct held: (1) First and 14th Amdts do not bar convictions, (2) no evidence in record that trial ct refused to permit Defs to show pattern or practice of systematic prosecutorial exercise of peremptory challenges to strike Negroes from jury. Oct 6, 1966: Defs filed petition for cert to USSC. Pending.

Jack Greenberg, Melvyn Zarr, Esqs, NAACP Inc Fund, Suite 2030, 10 Columbus Circle, NYC 10019; Anthony G Amsterdam, Esq, U of Pennsylvania Law School, 3400 Chestnut St, Philadelphia 19104; R Jess Brown, Esq, 125½ N Farish St, Jackson, Miss 39201.
51.NJ.4. Smith v New Jersey (NJ Sup Ct) (218 A2d 147) Defs attended public h'g in City Council chamber; Council president ordered Def to leave chamber; Def linked arms with 4 other Defs, refused to leave; arrested: disorderly conduct. NJ Sup Ct held: (1) City Council chamber is `place of assembly' within purview of NJ disorderly conduct statute which makes it unlawful for any person `by noisy or disorderly conduct (to) disturb . . . or interfere . . . with the quite or good order of any place of assembly, public or private'; (2) statute not void for vagueness; (3) president of Council had ample reason to believe Def intended to disrupt meeting; (4) locking arms and blocking door violated statute on interfering with any person lawfully in public or private place, even tho persons were able to get out of chamber and none was delayed more than one minute. Oct 10, 1966: USSC denied cert.

Carl Rochlin, Floyd McKissick, Esqs, CORE, 38 Park Row, NYC.
51.NY.14. New York v Callender (NY Ct of App) Facts: X DOCKET 90, at 51.63. Trial ct convicted Def of disorderly conduct for attempted citizen's arrest of Mayor. App Div affirmed. Appeal pending.

Richard Miller, Allan H Levine, Nanette Dembitz, Esqs, 60 E 42nd St, NYC.
51.NY.16a. New York v Traficant (NY Sup Ct, App Div, 1st Dept) Def, mandolin-playing troubadour, acquitted on charges of playing in "wrong part of park." 1966: Def rearrested: disorderly conduct, resisting arrest. Convicted. Appeal pending.

Martin Berger, Esq, 377 Broadway, NYC.
51.NY.31. New York v Scott, Steine (Suffern Police Ct) Jy 4, 1966: Defs, members of CORE, lay down in road to halt firemen's parade in protest of fact that volunteer fire companies virtually all-Caucasian; arrested: disorderly conduct. Pending.
51.NY.32. New York v Green (NYC Muni Ct, Crim Div, #A 7879/66) Je 23, 1966: Def participated in rent control demonstration; arrested: felonious assault. Charge reduced to assault 3rd degree, violation of §1851 Pen Law (resisting arrest). Trial pending.
51.NY.32a. New York v Gray, Vaughan (NYC Muni Ct, ##C-9936/66, C9937/66, B6204/66) Je 23, 1966: Defs took part in rent control demonstration; arrested: resisting arrest, disorderly conduct. Pending.
51.NY.33. New York v 17 Demonstrators (NYC Muni Ct) Sept 14, 1966: 50 demonstrators, mostly mothers on welfare, blocked doors of Dept of Welfare, seeking increased clothes allowances for school children. Defs arrested: disorderly conduct, trespass, resisting arrest. Pending.

And see Hartford v Smith, Harris, 51.Conn.4; and 420s.
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51.NY.34. New York v 11 Defs (NY Sup Ct, App Div) Apr 4, 1966: Defs, civil rights demonstrators, sat in path of trucks at construction project; arrested: disorderly conduct. Convicted: 5 days of $25. Defs appealed: trial unconstitutionally refused evidence that persons whose movements were obstructed were involved in commission of crimes because of practicing racial discrimination. App Div affirmed convictions.
51.SC.2. South Carolina v Randolph (Sumter) Facts: X DOCKET 5. Correction: cite: 121 SE2d 349 (SC Sup Ct, 1961).
52. Against Obscenity (see also 12, 14, 22, 303, 580)
Articles: Anthony R Blackshield, Constitutionalism and comstockery. 14 Kansas 403-52.

Rex J Dibble, Obscenity: State quarantine to protect children. 39 So Calif 345-77.

Stephen L Wasby, Public law, politics, and local courts: obscene literature in Portland. 14 Jour of Pub L 105-30.

Comments: Blueprint for censorship for obscene material: standards. 11 Vanderbilt 125-38.

Changing standards of obscenity. 6 Santa Clara Lawyer 206-15.

New York law controlling the dissemination of obscene materials to minors. 34 Fordham 692-710.

Scope of Supreme Court review in obscenity cases. 1965 Duke 596-608.

Use of expert testimony in obscenity litigation. 1965 Wisconsin 113-32.

Venue: Its impact on obscenity. 11 S Dakota 364-73.

Speech: G Robert Blakey, Obscenity and Supreme Court. Cong Rec-Appendix. Aug 16, 1966, A4313.

Remarks: Amendment to Constitution to empower Congress to regulate distribution of pornographic literature. Cong Rec. Jy 14, 1966, 15072.

S.309—Commission on Noxious and Obscene Matters and Materials—Cong Rec—Sen: July 11, 1966, 14415; Report of Comm on Govt Operations: Je 30, 1966, 14101.


52.Calif.19. California v Thompson (USSC) Facts: X DOCKET 92, 136, XI DOCKET 5, at 52.78. App Div affirmed conviction of Defs for use of word "fuck," without opinion. USSC denied cert.

Marshall W Krause, Esq, ACLU, 503 Market St, San Francisco; Albert M Bendich, Esq, 2890 Telegraph Ave, Berkeley 94704.
52.Calif.22. California v Demm and Bevirt (Muni Ct, Santa Cruz Co, Dept I, #13858) 1966: Defs owned bookstore; exhibited photos by Walter Chappell showing nude male figures. Police confiscated photos; charged Defs with exhibiting obscene matter to minor; exhibiting obscene matter; wilfully and wrongfully committing act outraging public decency. Judge held photos not obscene as matter of law; dismissed complaint.

Robert Bennett, Esq, Santa Cruz; Marshall Krause, Esq, ACLU, 503 Market St, San Francisco.
52.Calif.23. California v Dixon, Bright (SF Muni Ct) Aug 8, 1966: Police arrested Def-actors after performance of "The Beard," written by Michael McClure. When Defs taken to Hall of Justice, not charged with misdemeanor of obscenity (for which they were arrested), but with suspicion that they committed felony of conspiracy. When Defs appeared again in ct, charge again changed, to violation of Pen Code §647(a) forbidding lewd or dissolute conduct in public. Oct 12: Defs sought writ of prohibition in Super Ct against Muni Ct trial urging law is unconstitutional, cannot be applied to conduct of actors in theater. Super Ct issued temporary restraining order, forbidding trial until h'g set for Oct 21.
52.Calif.24. California v Cory (Oakland-Piedmont Muni Ct) 1966: Def, owner of smoke and magazine shop, placed sign in store window saying "Bull Shit" over newspaper story he disagreed with; arrested: violation of Pen Code §§650½, 415, breach of peace. Issue: applicability of breach of peace statute to speech without action or sound, attempt to by-pass more stringent requirements of obscenity statute. Muni Ct sustained general, special demurrers; amended complaint filed.

Neil F Horton, Esq, 833 First Western Bldg, Oakland, Calif 94612; Marshall Krause, Esq, ACLU, 503 Market St, San Francisco.
52.Calif.25. San Francisco v Patricia Maginnis (SF Muni Ct, Crim Div) Jy 25, 1966: Def passed out leaflets on abortion; arrested: violation of Muni Police Code, §188. Aug 18: Muni Ct dismissed: free speech necessitates means of distribution; held police ordinance invalid: it proposes additions to general law.

Herbert Donaldson, Esq, 333 Franklin, San Franciso.
52.Colo.1. Colorado v Mime Troupe (Denver Muni Ct) Sept 30, 1966: Denver police arrested 3 members of SF Mime Troupe charging lewd acts in show "Civil Rights in a Cracker Barrel." Pending.

Walter Gerash, Esq, ACLU.
52.DC.1. Stone v District of Columbia (CA DC) (350 F2d 729 (1965)) (359 F2d 275 (1966)) Facts: X DOCKET 136, XI DOCKET 64, at 52.82. Correction: 1965: CA granted Def's petition to allow appeal; denied petition for reh'g en banc. Apr 8, 1966: CA affirmed conviction, held trial ct's finding that Def had engaged in disorderly conduct independent and sufficient basis of conviction, distinct from alleged use of profane and obscene language.

Michael D Padnos, Lawrence Speiser, Esqs, 1725 K St NW, Washington, DC.
52.Fla.1. Marcel Fort v Miami (Dade Co Cir Ct, Crim App, #5835) 1965: Pl-artist publicly displayed for sale 6 of his statues; police confiscated statues. Pl convicted under Miami ordinance incorporating State's obscenity statute. Issues on appeal: were statues not obscene and thus protected by 1st and 14th Amdts; does ordinance set forth unconstitutional test for obscenity by using Roth "appeal-to-prurient interest" language and no other test; was it unconstitutionally applied in seizure of statues prior to judicial determination of obscenity. Pending.

Irma Feder, Esq, 110 N Hibiscus Drive, Miami Beach; Joseph C Segor, Esq, Seybold Bldg, Miami.
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52.Ky.1. Austin v Kentucky (USSC) Facts: XI DOCKET 64, at 52.86. Cite for cert granted: 384 US 916.
52.Mass.4. A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v Atty Genl of Massachusetts (USSC) Facts: XI DOCKET 5, 64, at 52.83. Cite: 383 US 413.
52.Mich.7. Aday, Maxey, W Coast News Co v US (USSC, #1329) Def-publishers mailed copies of "Sex Life of a Cop" into Michigan; arrested: obscenity; convicted. CA 6 remanded for review of sentences. DC reduced sentences. US filed petition for cert. Pl asked USSC to remand to CA 6: charge to jury improper in view of Memoirs, 52.83. ACLU amicus brief: USSC should decide whether to continue present `obscenity per se' approach or change to one that can be applied to all expression, regardless of subject-matter. Pending.

John A Fillion, Esq, 8000 E Jefferson Ave, Detroit 48214; Melvin L Wulf, ACLU, 156 Fifth Ave, NYC; Rolland R O'Hare, Erwin B Ellmann, Esqs, ACLU, 1256 Penobscot Bldg, Detroit 48226.
52.NY.9. Mishkin v New York (USSC) Facts: X DOCKET 7, XI DOCKET 5, 63 at 52.34. Cite: 383 US 502.
52.NY.25. Redrup v New York (USSC) Facts: XI DOCKET 65, at 52.92. Cite for cert granted: 384 US 916.
52.NY.26. New York v Sanders (NY Co Sup Ct) 1966: Def, editor and publisher of ARTS magazine, charged with possession of obscene literature. Pending.

Isidore Silver, Gerald Zuckerman, Esqs, NYCLU, 156 Fifth Ave, NYC 10.
52.Pa.1. Ginzburg v US (USSC) Facts: X DOCKET 7, 91, 136; XI DOCKET 5, 64, at 52.56. Cite: 383 US 463 (1966).
52.Wash.3. Washington v Vander Schoor (Yakima Co Super Ct) 1966: Def arrested for selling lesbian magazines, other alleged obscene books, under Yakima City ordinance. Issues: whether lesbian magazines are obscene; whether ordinance unconstitutional on its face. Pending.

Raymond Brown, Esq, Wash ACLU, 2190 Smith Tower, Seattle.
52.Wash.4. Washington v Dewitt (King Co Super Ct) 1966: Def arrested for selling obscene literature altho only difference between his store and 5 others in area was his anti-Vietnam literature in window. Pending.

Raymond Brown, Esq, Wash ACLU, 2190 Smith Tower, Seattle.
53. Against Defamation (see also 61)
Article: Jack G Day, Mental suffering as element of damages in defamation cases. 15 Cleveland-Marshall 1-57.

Comments: Defamation a deux: incidental defamation and Sullivan doctrine. 114 Pennsylvania 241-48.

Defamation of public officials—new constitutional standard. 12 UCLA 1420-50.

Defamation of public official: New York Times case in perspective. 15 DePaul 376-97.

Race defamation and First Amendment. 34 Fordham 653-75.

Recent developments concerning constitutional limitations on state defamation laws. 18 Vanderbilt 1429-54.

Comment: Scope of First Amendment protection for goodfaith defamatory error. 75 Yale 642-56.


53.8. Ashton v Kentucky Facts: (USSC) (384 US 195) X DOCKET 8, 92, 136; XI DOCKET 65. May 16, 1966: USSC (9-0) reversed, Douglas, J: Def here judged by unconstitutionally vague standard requiring calculations as to reactions of his audience; when Def convicted under broad construction of statute which would make it unconstitutional, conviction cannot be sustained on appeal by limiting construction which eliminates unconstitutional features of law (citing Shuttlesworth, 55.Ala.1, 382 US 87); vague laws in any area are unconstitutional: "When 1st Amdt rights are involved, we look even more closely lest, under the guise of regulating conduct that is reachable by the police power, freedom of speech or of the press suffer."
54. Against Sedition, Anarchy, Syndicalism (see also 241-44)
List: State statutes re sedition, treason, subversive activities, and Communist control acts. CIVIL RIGHTS HANDBOOK, p 147o.
54.7c. Wells v Reynolds (USSC) Facts: X DOCKET 9, 92, 136; XI DOCKET 5. Correct cite: 382 US 39, aff'g 238 FS 779.
54.10. Pennsylvania v Hayes (formerly v Hassan) (209 A2d 38) Facts: X DOCKET 92, 136, XI DOCKET 5. Def convicted of inciting riot in Philadelphia in Aug 1965. Aug 4, 1966: Def's petition for allowance of appeal from Super Ct to Sup Ct denied.
54.12. US v Bowe, Collier, Sayyed (CA 2) Facts: XI DOCKET 65. Cite: 360 F2d 1 (1966).
54.14. Los Angeles v John Harris (LA Super Ct) Sept 1966: Defmember of Progressive Labor Party authored pamphlets commenting on police practices in Negro ghetto, distributed during inquest into shooting of Deadwyler, see 429. Pamphlets stated, "George Washington and the American revolutionaries never went to King George's court for justice. They smashed King George's court. . . . Bring Parker, Yorty and Bova to trial for murder in a court of the people; if 80% of us don't work (in the ghetto), you don't produce. Production can be stopped." Def arrested: criminal syndicalism (illegal to "advocate, teach or aid and abet" use of force or violence to accomplish "a change in industrial ownership" or effect "any political change"). Pending.

Frank Pestana, Esq, 1680 N Vine, Hollywood; A L Wirin, Esq, ACLU, 257 S Spring St, Los Angeles.

And see 429s; Carmichael, 51.Ga.8a.

And see Dawson, 303.71.
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 Mayor B Frieden. CIVIL RIGHTS HANDBOOK 66 75-89.

Debate: HR 12047: Obstruction of Armed Forces: Cong Rec—House Oct 12, 1966, 25171; Oct 13, 1966, 25535; 25611; 25650; A5277; A5280.

Report: FBI law enforcement bulletin, Feb 1966: Communist influence is injected in civil disobedience. Cong Rec—House, Aug 29, 1966, 20074.

Speech: Request to prosecute SNCC leader Carmichael, Cong Rec—House, Aug 8, 1966, 17694.


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55.Ala.1. Shuttlesworth v Alabama (Birmingham) (USSC) Facts: X DOCKET 19, 93; XI DOCKET 6. Cite: 382 US 87.
55.Ala.4c. Shuttlesworth v Birmingham (Ala Ct of App, 6th Div) (180 So2d 114) Facts: X DOCKET 12, 93, at 55.77c, XI DOCKET 6. Nov 2, 1965: Ct of App reversed Def's conviction for parading without permit: freedom of expression and assembly occupy preferred position among constitutional rights; ordinance void for vagueness because overbroad.
55.Ala.8. Forman v Montgomery (USSC, #1556) Facts: XI DOCKET 6. Feb 17, 1966: CA affirmed. June 20: USSC denied cert. Aug 30: Defs moved for rehearing in USSC, based on Rachel, 58.21 86 S Ct 1783: Defs predict they can't enforce rights in state cts based on all-encompassing nature of discrimination within state administration of justice. Pending.

William Kunstler, Arthur Kinoy, Esqs, 511 Fifth Ave, NYC 10017; Martin Berger, Esq, 377 Broadway, NYC 10013; John Thorne, Esq, 510 N Third St, San Jose; Joseph Levin, Esq, 1225 Penobscot Bldg, Detroit; Charles Conley, Esq, 530 S Union St, Montgomery.
55.Ala.10a. Bd of Educ of Jefferson Co v SCLC (ND Ala) Summer 1965: Def conducted voter registration campaign. Pl asked for injunctive relief, damages of $2.5 million: interference with Birmingham public schools by getting children out of schools to participate in demonstrations. Jan 26, 1966: after h'g, DC issued injunction: Defs enjoined from going on school property or otherwise illegally inducing school children to leave school during schools hrs. Appeal pending.

Peter Hall, Esq, 1630 4th Ave N, Birmingham, Ala.
55.Ala.11. Smith v City of Montgomery (MD Ala, N Div, Cr #11,757-N) (11 RRLR 105) 1965: Adult, minor Negroes arrested as result of picketing store to protest alleged mistreatment of Negro customer by Caucasian proprietor and refusal of police to arrest latter. DC granted Defs' removal petitions. Jan 31, 1966: DC dismissed state prosecutions on ground Pets engaged in protected 1st Amdt activity and gave city notice of demonstrations; DC refused to pass on constitutionality of parade permit ordinance under which Pets arrested.
55.Ala.12. Selma Bus Lines v King (SD Ala) Defs boycotted Plbus lines. Pl sued for damages. Defs removed to DC. Pl moved to remand. Defs filed motion to dismiss. Feb 2, 1966: Pl withdrew motion to remand. Pending.

Peter Hall, Esq, 1630 4th Ave N, Birmingham, Ala.
55.Calif.17. California v Bennett, Leggett, Abbott, Boyden (Oakland Muni Ct) Facts: XI DOCKET 66. Defs arrested: contempt of ct order temporarily restraining interference with loading of grapes involved in grapeworkers' strike. Case dismissed.
55.Calif.18. Berkeley v Poland (Muni Ct) Aug 24, 1966: Def arrested for distributing leaflets on Berkeley campus of Univ of Calif after police informed him of violation of Mulford Act (prohibiting certain activities on campus by non-students). Pending.

And see California v Plagowski, 126.2.
55.Ga.35. Rabinowitz v US; Jackson v US (CA 5, # #21256, 21345) Facts: X DOCKET 11, 93, 137; XI DOCKET 7, 66. Aug 1966: CA dismissed charges against leaders of Albany Movement: 1) lists for all juries must be made from pool of persons "broadly representative of the community"; 2) person need only be able to read, write, speak and understand English; he need not enjoy that degree of excellence found only among more fortunate classes; 3) system whereby prominent citizens nominate prospective jurors invalid; 4) Congress' intent when 1957 Civil Rights Act passed was to place Negroes on fed'l juries even if it meant lowering educational standards for jurors. Bell, J, conc and diss.
55.Ill.6. Chicago v Gregory, Ambrose (Ill Sup Ct) 1965: Defs picketed Mayor's house in civil rights demonstration; hostile bystander reaction; Defs arrested: violation of disorderly conduct ordinance. Issues: (1) Defs' obligation to disperse upon confrontation by hostile bystanders, (2) Defs' right to picket home of public official in residential neighborhood. Defs convicted. App Ct aff'd. Appeal to Sup Ct pending.

Marshall A Patner, Esq, 135 So LaSalle, Suite 1943; Ronald H Silverman, 19 So LaSalle, Rm 1421; both of Chicago 60603.
55.Ill.7. In re American Nazi Party (Chicago) (ND Ill) 1966: DC issued order prohibiting Nazi Party from demonstrating in Jewish neighborhoods during Jewish high holy days.
55.Ill.8. Chicago v Hennershot (Ill Sup Ct) Defs, civil rights workers, handed out leaflets advertising local civil rights rally; arrested: littering. Issue: constitutionality of trial ct's application of anti-littering ordinance, unconstitutional vagueness of ordinance on face. Pending.

Robert M Grossman, Esq, 11 So LaSalle, Suite 815, Chicago 60603.
55.La.5. Louisiana v Austin (Bogalusa) (Parish Ct) Facts: XI DOCKET 7. DC remanded. Trial pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans, La 70113.
55.La.5a. Louisiana v Austin (Bogalusa) (Parish Ct) Facts: XI DOCKET 7. Defs removed to DC. DC remanded. Trial pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans, La 70113.
55.Md.2. Maryland v 6 Students (Muni Ct, Baltimore) Mar 28, 1966: Defs, students from John Hopkins Univ, arrested in sit-down demonstration in front of Army recruiting office protesting US participation in Vietnam war. Convicted; 60 days and $50.
55.Miss.5a. Greenwood v Peacock (USSC) See report of USSC decision at 73., p 19.
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55.Miss.15. Mississippi v Chaffee; Chaffee v Johnson (Jackson Co Ct) (229 FS 448 (1964); 352 F2d 514 (1965); cd 384 US 956) 1963: Def, Caucasian civil rights worker, participated in demonstrations; arrested: disturbing peace. During trial, Def testified police beat children in the demonstration; arrested: perjury. 1964: Def sued to enjoin state prosecution for perjury; DC denied motion for temporary restraining order. 1965: CA 5 affirmed: Def failed to substantiate charges. 1966: USSC denied cert. Settled: charges reduced to misdemeanor, small fine paid.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202. Paul O'Dwyer, Carl Rachlin, Esqs, NYC.
55.Miss.16. Jackson v Smith (Jackson) (ND Miss) December 1964: Defs, civil rights demonstrators, arrested. Defs removed to DC. DC remanded; CA affirmed DC remand, without h'g. Defs moved to reconsider. May 1966: CA reversed itself, remanded to DC for h'g. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.17. Canton v C O Chinn, Jr (DC Miss) Dec 24, 1965: Def, participant in boycott; arrested: threatening and restraining public passage on streets. Jan 3, 1966: Def removed to DC. Pl moved to remand; h'g; DC retained jurisdiction. DC dismissed prosecution.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.17a. Canton v C O Chinn, Sr (CA 5) Dec 24, 1965: Def, participant in boycott; arrested: disturbing peace. Jan 3, 1966: Def removed to DC. Pl moved to remand; h'g held. Feb: DC remanded to state ct. Def appealed to CA; DC granted stay of remand order pending appeal in CA. Pending.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.18. Mississippi v Frentz (Philadelphia) (DC Miss) Apr 23, 1966: Def, Caucasian civil rights worker, participated in demonstration; arrested: various offenses. Case removed to DC. Removal dismissed at Def's request in order to obtain bond money. Case settled, mony refunded.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.19. Mississippi v Boal (Philadelphia) (DC Miss) Apr 30, 1966: Def, Caucasian, participated in demonstration; refused to move picket sign on orders of Sheriff Rainey; arrested: refusing to obey orders of officer. Case removed to DC. Sept: DC remanded to state ct; settled for small fine because Def had left state.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.20. West Point v Lockard (West Point) (DC Miss) Apr 23, 1966: Defs, 11 civil rights workers, picketed; arrested: obstructing traffic, blocking sidewalks. Cases removed to DC. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.21. West Point v Buffington (West Point) (DC Miss) Apr 30, 1966: Defs, 128 civil rights workers, marched; arrested: obstructing traffic. Cases removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.22. Mississippi v 18 Boycotters (Belzoni) (Cir Ct) July 8-9, 1966: Defs, local civil rights workers, picketed in boycott of Caucasian stores; arrested: boycotting, trespassing, obstructing sidewalks, total of 24 charges. At trial, 17 charges dismissed by acquittal, 3 Defs found guilty. Defs' appeals pending.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.23. Mississippi v Newell (Hernando) (JP Ct) Oct 1, 1966: Def, civil rights worker, tried to get citizens to sign petition to qualify Negro to run for election to school bd; arrested: interfering with business. JP Ct ruled statute unconstitutional; charges dismissed.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.24. Mississippi v 43 Defs (Grenada Co Ct) Defs, civil rights workers, staged sit-in in street; arrested. Some trials scheduled for Jy 11, 1966.
55.Miss.24a. Mississippi v 35 Defs (Grenada) (Police Ct) Jy 13, 1966: Defs-Negro paraded through downtown streets, urging support for economic boycott against Caucasian merchants; arrested: obstructing traffic. Pending.
55.NJ.2. Greeman v Township Committee of Mahwah (NJ Super Ct, Town Division-Bergen Co DOCKET # PW) 1966: Pl challenged handbill distribution ordinance: requires distributor of pamphlet, flyer or handbill to first be fingerprinted, give history of himself and his organization, give place of employment, residence, describe criminal record, if any, give explanation of leaflet or product, pay $5 license fee; Police chief can deny or revoke permit without h'g. Issues: unconstitutional restraint on free speech, prior censorship, illegally discriminates between religious and non-profit organizations and other persons and organizations. Pending.

Seymour Goldstaub, Esq, 449 60th Street, West New York.
55.NY.6. Turner v New York (USSC, #399) (265 NYS2d 841, 271 NYS2d 274) Facts: X DOCKET 94. Correction: X DOCKET 131 and XI DOCKET 8 inaccurate. Nov 12, 1965: Sup Ct, App Div affirmed disorderly conduct convictions. Je 6, 1966: NY Ct App affirmed; held disorderly conduct statute not too vague to provide adequate guidelines for appropriate conduct at street meetings. Oct 24: USSC granted certiorari.

Nanette Dembitz, Esq, 55 East End Ave, NYC.
55.NY.14. Re Arrest of 64 Queens Parents (NYC Sup Ct, App Term) Oct 7, 1964: Defs demonstrated in PS 149, predominantly white school scheduled to be integrated through bussing of pupils. Asst Supt ordered their arrest. Dec 4, 1964: Crim Ct dismissed complaints: private arrests could only be made when "felony or misdemeanor" committed. Oct 1966: 3-judge panel of App Term, Sup Ct reversed; upheld citizen's arrests.
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55.NY.15. NYC v Green (NYC Crim Ct) Sept 21, 1966: Negro pickets staged demonstration to block opening of Intermediate School 201 in E Harlem until Negro principal, Negro supervisors, teaching of African, Negro history, promotion of neighborhood school concept. Police arrested 5 Negro men, women: disorderly conduct, interfering with policeman performing duty. Pending.
55.NY.16. New York v Katz (App Term, 2nd Dept) 1966: Def distributed leaflets on Vietnam war at sidewalk table; charged with placing an obstruction on public sidewalk in violation of Admr Code. Appeal pending.

Isidore Silver, Esq, NYCLU, 156 Fifth Ave, NYC.
55.Va.1. Baines v Danville (USSC) (321 F2d 643; 337 F2d 579; cd 381 US 939; 357 F2d 756; 384 US 890) Facts: X DOCKET 11, 24, at 55.35. 1965: USSC denied cert on DC denial of injunctive relief against pending contempt proceedings. Jan 21, 1966: CA upheld remand orders. Je 20, 1966: USSC granted cert, affirmed per curiam (5-4), citing Peacock, 55.Miss.5a, 384 US 808; Warren, CJ, Douglas, Brennan, Fortas, JJ, diss, citing Douglas' diss in Peacock.
55.Wis.2. Wisconsin v Groppi, Miles (Milwaukee) (Cir Ct) Facts: XI DOCKET 67. Jan 31, 1966: jury trial; Defs found guilty of obstructing construction workers; fined $100 and costs each.

Thomas Jacobson, Esq, 110 E Wisconsin Ave, Milwaukee.
56. Against and Concerning Minors (incl Contributing to Delinquency) (see also 24, 430, 560)
Article: Charles E Moylan, Sr, Comments on juvenile court. 25 Maryland 310-17.
56.11. Florida v ANE (St Augustine) Facts: X DOCKET 14, 95. Cite: 167 So2d 769 (Fla DCA 1, 1964)
56.14. Florence v Myers (MD Fla) Facts: X DOCKET 14. Cite: 9 RRLR 144 (1964).
56.19. In re Long (Sunflower Co) (Miss Sup Ct) (184 So2d 86, 1966) Facts: XI DOCKET 9. 1966: Sup Ct reversed trial ct; held: (1) petition charging child with being delinquent-neglected child insufficient to bring child within Youth Control Act, (2) summons to appear failed to satisfy statutory requirement for notice.
56.24. Arkansas v Dokes (Ark Sup Ct, #5224) Defs arrested after interracial gathering in apartment: contributing to delinquency of minor. Cir Ct affirmed. On appeal, Defs argue search and seizure; racially motivated arrest; pending.

Delector Tiller, Esq, 2305 Ringo, Little Rock.
56.25. Louisiana v Hicks (Bogalusa) (ED La) Oct 1965: school children, members of Bogalusa Voters League Youth Organization, boycotted schools to protest segregated Parish Fair, held demonstrations and marches to protest inferior conditions at Negro schools. Oct 20: School Bd secured temporary restraining order against adult Voters League to enjoin them from `enticing pupils to absent themselves from school for the purpose of marching.' (See School Bd, 73.La.1.) Defs-Negroes, adult members of Voters League, beaten, arrested: contributing to delinquency of minors. May 1966: Defs removed to DC. Pl filed motion to remand. Pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans, La 70113.

See Hicks v Knight, 63.31.
56.26. Louisiana v 8 Picketers (Homer) (Jud Dist Ct) Sept 9, 1966: Defs picketed Bd of Educ to protest firing of Negro janitor; arrested: enticing school children to be absent from school. Trial set for Nov 3.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans, La 70113.
552.SC.3c. South Carolina v Carter (Richland Co Ct, #1318) Facts: X DOCKET 78. Mar 2, 1961: Def participated in civil rights demonstration at Co Ct House; arrested: contributing to delinquency of minors. Jan 2, 1962: Def moved for continuance pending USSC decision in SC v Edwards, 552.SC.3b, 372 US 229 (1963).

Lincoln C Jenkins, Jr, Matthew J Perry, Esqs, 1107½ Washington St, Columbia, SC.
57. Against Vagrancy, Loitering

57.14. Hicks v Dist of Columbia (USSC) Facts: X DOCKET 96, 138; XI DOCKET 67. Cite: 383 US 252.
57.20. Minneapolis v Hadley (Muni Ct, 1st Div) Facts: XI DOCKET 67. Ct held ordinance prohibiting person to "loiter on the streets or in a public place or in a place open to the public with intent to solicit for immoral purposes" to be unconstitutionally vague.

Jonathan Lebedoff, Esq, Midland Bank Bldg, Minneapolis.
57.21. Arizona v Soffer (Flagstaff Muni Ct, #C-2524) Def stopped in Flagstaff to use toilet facilities while hitch-hiking from E Coast to California; arrested: vagrancy. Jailed 2 days til he could make bond. Def moved to dismiss: complaint failed to set forth offense. Issues: (1) denial of due process, (2) denial of equal protection: Indians specifically excepted from application of statute. Motion to dismiss granted.

Irwin L Bernstein, Esq, Chris-Town, Phoenix, Ariz.
57.22. New Orleans v Cordier (Orleans Parish Ct) 1966: 4 Free Southern Theater members arrested for vagrancy. At trial, charges dismissed but constitutionality of ordinance upheld.
57.23. Louisiana v Hill (Orleans Parish Ct) 1966: CORE worker arrested for vagrancy and held on suspicion of armed robbery. Habeas corpus filed; Def dismissed at ct hearing.

Victor P LeBeau, Esq, 234 Loyola Ave, New Orleans.
57.24. Detroit v Wedlow (Mich Ct of App) Aug 12, 1965: Def talking with friend on sidewalk; ticketed: loitering. Recorder's ct found Def guilty; $10 fine. Def appealed: ordinance void for vagueness. Pending.

Richard Krandle, Esq, 2450 Guardian Bldg, Detroit 48226; ACLU amicus brief by Sheridan Holzman, Esq, 1600 Washington Blvd Bldg, Detroit 48226.
57.25. New York v Hirshhorn (App Term, 1st Dept) 1966: Challenge to narcotics prosecution on claim seizure illegal because
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entrance obtained unlawfully; challenge to vagrancy law making it offense for men to wear women's clothes in public. Pending.

Gerald Zuckerman, Esq, NYC.

And see Abrams, 337.1.
58. Against Trespassing
(see also 541, 542, 551, 552)

Article: M A Millner, Retreat of trespass. 18 Current Leg Prob 20-38.

58.Calif.8 and .9 Sims, Burbridge v California (Calif Sup Ct; ND Calif) (cd 382 US 947) Facts: X DOCKET 15, 96; XI DOCKET 67, at 58.16-58.18. Summer 1966: sentences from 5 days and $25 to 9 mths and $250, most Defs receiving 30 days and $56. Jy 7: Calif Sup Ct rejected appeal to obtain uniform sentences: on understanding there would be modification (to 7 days or $35) of highly disparate sentences for same offense, Defs failed to request transcripts, furnished at state expense, of lower ct trials, effectively waiving their right of appeal. Jy 18: Defs filed writ of habeas corpus in Calif Sup Ct based on systematic exclusion of Negroes from juries, atmosphere made fair trial impossible, discriminatory sentencing procedures, prejudice of trial judges reflected in rulings and comments, convicting statutes (disturbing the peace, unlawful assembly) void for vagueness, unconstitutional conduct of trial judges in trying to extract pleas of nolo contendere in exchange for reduced sentences; such offer was extended to all Defs regardless of extent of activity in demonstration, motives for participation, character or reputation, or prior criminal record; effect of such threat was to blackmail Defs out of right to jury trial and plea of not guilty; denied.

Aug 15: DC issued show cause order for release of Defs based on prejudicial conduct during trial (public statements by state and city officials, exclusion of Negroes from jury panel) and unconstitutionality of unlawful assembly and disturbing the peace statues. Aug 25: DC dismissed show cause order on ground alleged trial errors did not apply to all Defs. Sept: Muni Ct reduced some sentences for hardship; others served time. Cases closed.

Aubrey Grossman, Esq, 1095 Market, San Francisco.


58.Calif.18. California v Comfort (USSC) Facts: X DOCKET 96, XI DOCKET 67, at 58.36a. May 1966: Oakland Muni Ct convicted Def of taking part in protest demonstration against Oakland Tribune. Jy 22: Douglas, J, ordered Def freed pending possible review of case. Def contends he was speaking at public meeting where sit-in was urged by others but not endorsed by Def.

Robert Treuhaft, Edward Dawley, Esqs, 1440 Broadway, Oakland.
58.Calif.24. California v Meriweather, Cooper (Pt Chicago Justice Ct) Je 26, 1966: Defs in demonstration against napalm at Pt Chicago Naval Ammunition Depot; arrested: blocking ammunition truck. Jy 16: Def-Meriweather refused to enter plea, refused to have lawyer; judge admonished Def, ordered Defs to appear for arraignment on Jy 21. Pending.
58.Calif.24a. California v Heinemann (Port Chicago Justice Court) Aug 18, 1966: Def-demonstrator tried for trespass at Port Chicago naval supply depot; judge excluded reference to int'l treaties or agreements in instructing jury; excluded evidence of war material being delivered to depot; convicted: 30 days. No appeal.

Harry Lohstroh, Esq, 1520 S Main St, Walnut Creek.
58.Calif.24b. US v Bishop, Smith, Tavalin and Kangas (ND Calif, Crim #40996) Summer 1966: Def-peace demonstrators arrested for trespass on government property, 18 USC 1382. Gov't moved to quash Defs' request for jury trial pending.

Alan Brotsky and Gabriel Werbner, Esqs, 45 Polk St, San Francisco; Peter Franck, 2890 Telegraph Ave, Berkeley; James T Heavy, 1430 Franklin St, Oakland.
58.Calif.25. California v 9 DiGiorgio Pickets (Delano Crim Ct) Oct 22, 1966: Defs, including AFL-CIO leaders and farm workers, demonstrating for union representation election, arrested after refusing to obey police order to leave lobby of DiGiorgio building: trespassing and disturbing the peace. Pending.
58.Fla.4. Adderley v Florida (USSC) (87 S Ct 242) Facts: XI DOCKET 68 at 58.52. Nov 14, 1966: USSC affirmed (5-4), Black, J: (1) Edwards, 372 US 229, and Cox, 51.25, 379 US 536, not controlling here; (2) Fla trespass statute not void for vagueness; (3) Hamm, 552.SC.4d, 379 US 306, different: This case "involves only an alleged trespass on jail grounds— . . . which can be prosecuted regardless of the fact that it is the means of protesting segregation of establishments covered by the Act"; (4) Facts do support convictions: US Constitution "does not forbid a State to control the use of its own property for its own lawful nondiscriminatory purpose."

Douglas, J (Warren, CJ, Brennan, Fortas, JJ) diss: Historical discussion of 1st Amdt rights to peaceably assemble and petition; Defs did not block entrance to jail; "We do violence to the First Amdt when we permit this `petition for redress of grievances' to be turned into a trespass action"; here "a trespass law is used to bludgeon those who peacefully exercise a 1st Amdt right to protest to gov't against one of the most grievous of all modern oppressions which some of our States are inflicting on our citizens."
58.Ga.14. Georgia v Rachel (USSC) See USSC decision on removal at 73., page 19.
58.Miss.4. Greenwood v Carmichael (City Police Ct) Je 16, 1966: Def-civil rights leaders arrested for trespass when they attempted to erect tents on public school property during course of march. Pending.
58.Ohio.1. Ohio v Mitchell, Ferguson, Shuttlesworth, Powell (Cincinnati Muni Ct, Crim Div, ##78384, 78385, 78387, 78388) Defs picketed Drake Memorial Hospital asking fair treatment for Negro employees. Hospital administrator told Defs to cease picketing: they refused; Defs arrested: trespassing. Defs moved to dismiss: on public roadway and not interfering with pedestrians. Motion overruled; Defs found guilty; 1 yr probation and costs. Defs' motion for stay of execution granted. Defs' motion for new trial denied. Appeal pending.
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59. Against Miscellaneous Criminal Activites
Article: Carl Rachlin, Police order: Right to disobey. 6 Santa Clara Lawyer 136-61.

Comment: Legal status of therapeutic abortion. 27 U of Pitt 669-82.

Remarks: §2825: Obscene or harrassing telephone calls in Dist of Columbia—interstate or foreign commerce: Cong Rec: June 29, 1966, 14013.

Speech: Curbing terroristic activities: Cong Rec: June 14, 1966, 12503.

Symposium: Moral preemption. 17 Hastings 425-71.


59.53. Louisiana v Lewis (Ferriday) (Jud Dist Ct) Facts: XI DOCKET 10. Jan 1966: Def removed to DC. Je 27: DC remanded, citing Peacock, 55.Miss.5a, 347 F2d 679 (1965). Def appealed to CA for stay of remand. CA denied stay. Trial in state ct pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans 70113.
59.55. Louisiana v Weary (Bogalusa) (Jud Dist Ct) Def-Negro reported two incidents of racial hostility at newly-integrated Parish fair involving people other than himself; arrested: making false statements to police. Jan 1966: Def removed to DC. DC remanded. Trial pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans 70113.

And see other Bogalusa cases: 55.La.4, .5, .5a, .6, .7, .8, 63.31, 63.31a, 63.31b, 73.La.1.
59.56. Louisiana v Pamela Smith (DC La) Def, Negro civil rights worker, and Caucasian companion ordered at restaurant; owner insulted and refused to serve Def's companion; Def walked out, food untouched; arrested: theft of meal worth 97 cents. Dec 1965: case removed to DC. Def moved to dismiss: `theft' not misappropriation but rejection of restaurant's racial slur. Pl moved to remand. Pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans La 70113.
59.57. Louisiana v Frazier (New Orleans Crim Ct) 1966: Defs charged with disturbing the peace at integrated coffee house raided by police. Charges dropped after motion to quash on constitutional grounds was filed.

ACLU of La, 1911 Terpsichore St, New Orleans.
59.58. San Francisco v Hunter's Point Defs (SF Muni Ct) Sept 1966: 350 residents of Negro ghetto arrested: violating emergency curfew declared during racial disturbance, inciting to riot, disturbing the peace, various crimes against property. Sept 30: Defs arraigned, bail on curfew violation ranging from recognizance to $110; on inciting to riot, from $110 to $550. Judges later adjusted to more uniform bail schedule. Oct 3: DA moved to dismiss charges except for curfew violations and felonies. Pending.

Franklin K Brann, Esq, Flood Bldg, San Francisco 94102.

And see 59.59, cases at 429.
59.59. San Francisco v Jacobs (SF Muni Ct) Sept 30, 1966: 70 white students arrested for 8 pm curfew violation when they demonstrated "to show our support for the people of San Francisco," arrested in 59.58. Pending.
59.60. Berkeley v MacKaness (Berkeley Muni Ct) Sept 13, 1966: After being cited for jaywalking, Def arrested for violation of Military & Veterans Code, §614d, when he sat down on curb with American flag knotted around his neck in cape fashion. Pending.
59.61. California v Pontius and Kastama (San Francisco Muni Ct) 1966: Defs participated in street meeting; arrested: failure to disperse on order of police officer. Acquitted: order unlawful in itself, depriving Defs of right of freedom of speech and association.

Marshall Krause, Esq, ACLU, 503 Market St, San Francisco.
59.62. Hawaii v Lombardi and Kent (Honolulu) Mar 21, 1966: Defs displayed caricature of flag with dollar signs replacing stars, and with stripes dripping blood; arrested: desecrating American flag. May 25: found guilty; fines $25-$50; 30-day suspended sentence. Appeal pending.
59.63. Mississippi v Howze (Lexington) (DC Miss) Nov 1965: Def, Negro civil rights worker, arrested: Sheriff filed complaint, claimed check given him by Def for license plates had bounced. Def convicted in JP ct. Def appealed; case removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
59.64. Jackson v Faucette (Jackson) (ND Miss) Mar 24, 1966: Def, Caucasian, sat in integrated group in restaurant; arrested: indecent exposure. Case removed to DC; Pl moved to remand; h'g. May: DC remanded case to City Ct. Def appealed; DC granted stay of remand order pending appeal. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
59.65. Washington v Mathews (Canton) (DC Miss) Jy 1966: Pls, civil rights demonstrators, arrested. Jy 16: city passed emergency curfew ordinance; later that night demonstrators released from jail; on their way home, arrested: violation of curfew. Pls returned to jail; released on bond. Pls filed complaint in DC; curfew ordinance unconstitutional: (1) violation of First Amdt, (2) applied discriminatorily against Negroes only. State ct prosecutions against Pls continued pending disposition in DC. Before h'g on injunction city dismissed all prosecutions, rescinded ordinance. DC suit dismissed.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
59.66. Mississippi v Raymond (Canton Co Ct) August 1966: local police enforced curfew against Negro but not Caucasian cafes. Def, state director of CORE, addressed a group on street about the subject; arrested: breach of peace, interfering with officer. Sept: JP Ct found Def guilty; fine and jail sentence. Appeal pending.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
59.67. Mississippi v Theodore Slaughter (Philadelphia Co Ct)
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June 1966: Def arrested while working in own cafe: public drunkenness. Def sued police in DC charging he was beaten on way to police station. Oct: Def entered his cafe, told men fighting there to "go outside and argue"; arrested by same Negro policeman: drunkenness, resisting arrest, not having driver's license. Def received medical treatment for wound from blackjack. Pending.
59.68. New York v Eisenberg (Brooklyn Crim Ct) Mar 5, 1966: Youths attacked meeting of DuBois club (see 211.16). Police arrested 6 club members, 4 assailants. Def member arrested: interfering with arrest. May 25: convicted.

Paul Chevigny, Esq, NYCLU, 156 Fifth Ave, NYC 10.
59.69. Tennessee v Braden, Thomas (Sevierville) Jy 6, 1966: Defs, associated with S Conference Educational Fund, drove in separate cars from meeting; arrested: Def-Thomas charged with running stop sign, Def-Braden charged with violation of auto registration law. H'g set for Jy 13.

John Johnson, Jr, Esq, Knoxville, Tenn.
59.70. Detroit v Judith Bowden (Mich Ct of App, #1821) Jy 8, 1965: Def arrested: violation of ordinance prohibiting `known prostitute . . . to repeatedly stop pedestrian or motor vehicle operator by hailing, whistling, waving of arms' in public place. Def convicted; fine and probation. Def appealed: denial of due process—ordinance dispenses with proof of criminal intent. Pending.

ACLU amicus brief by Maurice Kelman, Esq, 1600 Washington Blvd Bldg, Detroit 48226.
60. Civil Sanctions (and Contempt Charges)
UN DECLARATION OF HUMAN RIGHTS: Art 12
61. Against Defamation, Libel, Slander (see also 53)
Articles: Laurence H Eldredge, Spurious rule of libel per quod. 79 Harvard 733-56.

Arthur B Hanson, Impact of New York Times rules. 7 William and Mary 215-23.

Walter Jenson, Jr, Recent developments in the law of privilege and fair comment. 42 N Dakota 185-209.

Comments: Injunctive relief from libel. 19 Oklahoma 97-103.

New constitutional definition of libel and its future. 60 Northwestern 95-113.

New York Times: Public official and public figure. 30 Albany 316-25.


61.11. NY Times v Connor, Birmingham, Bessemer City Commrs (CA 5) Facts: X DOCKET 19, XI DOCKET 68. Aug 5, 1966: CA reversed libel verdict for Pls: 1) Def-newspaper's contracts with forum state held insufficient to sustain jurisdiction—mere circulation of periodical thru mails, sporadic newsgathering, solicitation of small amount of advertising does not constitute business; 2) insufficient evidence to show actual malice.
61.18d. Pauling v Globe-Democrat Publishing Co (formerly St Louis Globe-Democrat Publishing Co) (USSC, #522) Facts: X DOCKET 20, XI DOCKET 69. CA 8 held: prominent scientist who actively thrusts himself into public discussion of controversial foreign policy questions cannot recover in libel suit against newspaper that, without actual malice, published editorial which falsely stated he had been held in contempt of Congress. Sept 6, 1966: petition for cert filed in USSC. Issue: does rule of NY Times, 61.9, 376 US 254, extend to prominent scientist who is not public official or employee but who has publically expressed views on matters of public concern? Pending.

John Raeburn Green, Lewis C Green, Thomas C Coleman, Esqs, 314 N Broadway, Boatman's Bank Bldg, St Louis, Mo.
61.21. Moore v P W Publishing Co (USSC) Facts: X DOCKET 99, XI DOCKET 68. Cite for cert den: 382 US 978.
61.29. Associated Press v Walker (USSC, #150) (393 SW2d 671) Facts: X DOCKET 99, 139; XI DOCKET 10. May 18, 1966: petition for cert filed. Issues: 1) is rule in New York Times, 61.9, 376 US 254, limited to "public officials" or does it apply to other persons? 2) do 1st and 14th Amendments bar application of state libel laws to news reports made without malice, re events of public interest and importance, such as fedl ct judgments and suppression of defiance thereof? 3) were lower ct's findings on issues of substantial truth and fair comment so lacking in evidentiary support that judgment based thereon constitut