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CIVIL LIBERTIES DOCKET
Vol. XIII
1967-1968
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I. FREEDOM OF EXPRESSION AND ASSOCIATION (FIRST AMENDMENT LIBERTIES, AND NINTH AND FOURTEENTH AMENDMENTS) (0-299)

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

Letter: Arthur J Goldberg to Orison Marden, Esq, Human rights conventions should be ratified. Cong Rec—Sen, S 10607, Aug 2, 1967.

Proposed legislation: HR 9876, S 990: establishes US Comm on Human Rights to prepare for US participation in 1968 Intl Human Rights Year. Cong Rec—House, H 5534, May 11, 1967; Je 14 1967, S 8187.

Speech: William Proxmire, Senate failure to ratify UN Human Rights Treaties disservice to UN delegation. Cong Rec—Sen. Jan 30, 1967, S 1071; Je 1, 1967, S 7567.

MATERIAL ON US SUPREME COURT:

Article: Anon, entered by Glenn Cunningham, The Sup Ct is not supreme. Cong Rec—House. Je 26, 1967, H 7998.

Proposed constitutional amendment: 12-year terms for Sup Ct justices. Cong Rec—House. Aug 25, 1966, 19821.

Articles: Merle William Loper, The Court of Chief Justice Hughes: contributions to civil liberties. 12 Wayne 535-95.

John F Marvin, A constitutional prejudice for liberty and equality: Mr Justice Goldberg. 34 Missouri 289-324.

GENERAL CONSTITUTIONAL MATERIAL:

Book: Brandt Aymar, Edward Sagarin, Pictorial history of world's great trials. Crown. 1967. &10.

Articles: Dan H McCullough, History of first amendment of acts of Sept 24, 1789 and Mar 2, 1831. 12 S Dakota 171-257.

Jerome A Barron, Access to press: new first amendment right. 80 Harvard 1641-1678.

Simon E Sobeloff, Federalism and individual liberties—can we have both? 1965 Washington 296.

Thomas J Bennett, Quentin L Quade; Court as legislator: A crucial system. 10 St Louis 92.

Frank R Strong, Judicial review: tri-dimensional concept of administrative-constitutional law. 69 W Virginia 249-76.

Edwin H Greenebaum and Willard W Wirtz, Separation of powers: the phenomenon of legislative courts. 42 Indiana 153-91.

J Wilson McKenney, Teaching the Bill of Rights in California. Saturday Review, Mar 19, 1966.

Robert M O'Neil, Approach to teaching the Bill of Rights, Teachers College Record, Dec, 1963.

Book: The Bill of Rights: A source book for teachers, Calif State Dept of Educ, 1967.

Speech: Lyndon B Johnson, Dissent and American accomplishments. Cong Rec—Appendix. Je 28, 1967, A 3315.

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.

Note: Free speech and prior restraints: Kovach v Maddux (238 F Supp 835, MD Tenn 1965). 27 Maryland 57-64.

10. Licensing (and 203, 204, 257, 264)
11. Of Meetings (see also 201)

11.20. ACLU v Burbank, Calif, City Council (Los Angeles Super Ct, #873069) ACLU sought permission to hold public meeting in Library Auditorium; denied: ACLU "educational," not "cultural" organization. Nov 29, 1965: ACLU filed petition for writ of mandate: denial of free speech, assembly, and due process (vagueness). Sept 19, 1966: Super Ct granted writ.

A L Wirin and Fred Okrand, Esqs, 257 S Spring St, Los Angeles 90012.
11.26. American Friends Service Comm, Liberal Religious Peace Fellowship v Anaheim City Council (Orange Co Super Ct) Pl-organizations received permit from Def to hold meeting in city-owned bldg on rights of COs on May 12, 1967. May 9: permit withdrawn. Pls sued for restraining order prohibiting Def from denying permit to Pls for another meeting on same subject at future date: city ordinance unconstitutional: sets no standards for granting or withholding permit. Pending.

Richard Petherbridge, David Cadwell, Esqs, 323 W Fifth St, Los Angeles 90013, for ACLU.
11.27. Coleman v Director of Parks and Recreation (Los Angeles Super Ct) Pl, associated with Freedom Now Comm, applied to Def for permit to use park for speech by Stokely Carmichael. Co Bd of Supervisors passed resolution to bar Carmichael from speaking; Def denied permit. Nov 23, 1966: Pl sued for injunction against enforcement of resolution, for order requiring issuance of valid meeting permit. Def demurred. Nov 25: Ct overruled demurrer, enjoined interference with meeting: denial of park use for protected speech would be unconstitutional.

A L Wirin, Fred Okrand, Laurence R Sperber, Esq, 257 S Spring St, Los Angeles 90012, for ACLU.
11.28. Kidd v Pasadena School Dist, Bd of Educ (Pasadena Muni Ct) Jan 4, 1967: Citizens Task Force Study Comm on High School Districting, special comm of Bd of Educ
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studying de facto segregation, held meeting; barred press and public, including Pl. Jan 17: Pl petitioned for writ of mandate to open comm meetings to silent attendance of public and press: right to attend under Govt C §§54950-54958 (Ralph Brown Act). Pending.

Robert E Burke, Esq, 323 W Fifth St, Los Angeles 90013, for ACLU.
11.29. San Bernardino v Fowler (San Bernardino Muni Ct) Def, honorary state cyclops of KKK, held meeting on private property, with permission of owner, without county permit; arrested: violation of co ordinance requiring meeting permits for all groups not headquartered in county. Feb 1967: Ct held ordinance unconstitutional.

A L Wirin, Esq, 257 S Spring St, Los Angeles 90012, for ACLU.
11.30. Wirin v Los Angeles Bd of Educ (Los Angeles Super Ct) Pl, ACLU attorney invited to speak at E Los Angeles College, promised &25 honorarium. Def refused to pay Pl: Pl refused to sign Levering disclaimer oath. Pl sued: Oath unconstitutional. Def paid Pl &25 before time for answer expired. Case moot.

And see Calif loyalty oath case at 262.18.
12. Of Motion Pictures (see also 14, 52)
Article: Robert J Klein, Film censorship: American and British experience. 12 Villanova 419-456.

Comment: Constitutional problems in obscenity legislation protecting children. 54 Georgetown 1379-1414.


12.11. Landau v Fording (Berkeley) (388 US 456) Winter 1964: Pl-exhibitor cancelled showing of Genet film "Un Chant d'amour" under police threat of arrest and confiscation; sued to enjoin police interference. Super Ct held it had no power to issue preliminary injunction. Calif Sup Ct denied hearing on writ of mandate to compel issuance. Feb 18, 1965: Super Ct denied injunction; held film obscene, despite expert testimony on artistic value and social importance of depicting prison conditions. Ct of App—1st Dist affirmed. Je 12, 1967: USSC granted cert and affirmed (Black, Douglas, Stewart and Fortas would grant and reverse).

Albert Bendich, Esq, 2550 Telegraph Ave, Berkeley; Neil F Horton, Esq, First Western Bldg, Oakland, for ACLU of No Calif.
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. Appeal argued before Sup Ct; pending.

Elmer Gertz, Esq, 120 S LaSalle St, Chicago 60603; Miller and Miller, Esqs, One N LaSalle St, Chicago 60602.
12.26. Interstate Circuit v Dallas (CA 5) (366 F2d 591) 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."

Note: 67 Columbia 1149-1168.
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.
12.27. 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.
12.28. Columbia Pictures v Chicago (DC Ill) Nov 1966: Under censorship ordinance, Police Supt ruled no one under 17 could see Pl's film "Georgy Girl." Motion Picture App Bd aff'd. Nov 16: Pl released film under restriction. Nov 28: Pl sued for restraining order against ordinance enforcement; declaratory judgment that ordinance is void for depriving Pl and public of liberty without due process; refund of moneys paid for prior permits. Pending.
12.29. Re 41st St Theater (NYC License Dept) A Pet sought license renewal. Dept opposed renewal: films show "immorality, perversion, lewdness, homosexuality." Pending.

Albert Angel, Esq, 1 Wall St, NYC; Alan H Levine, Esq, 551 Fifth Ave, NYC; both for ACLU.
12.30. Ginsberg v NY, United Artists Corp v City of Dallas (USSC) Challenges to Dallas and NY State laws prohibiting the showing of objectionable films to minors. Oct 1967: Pending in USSC.

Amicus brief by ACLU, 120 Broadway, NYC and Texas CLU, 1601 Nat'l Bankers Life Bldg, Dallas.
13. Of Peddlers, Literature Tables (and 112, 152)

13.3. Fort Worth v Craik, Dist Judge (Tex Sup Ct, #B-40) 1966: Charitable Solicitation Comm denied fund raising permit under Fort Worth City Code Ch 32 to Nat'l Foundation, operator of March of Dimes: Cost of fund-raising exceeds 20% of contributions. City Council sustained ruling. Jan 10, 1967: Dist Ct enjoined enforcement of penal sections of Code. Jan 13: Sup Ct held: restraining order void. Feb 8: Sup Ct denied motion for reh'g; held: equity will not determine originally the validity of criminal regulation without showing of irreparable injury to vested property rights.

Brown, Herman, Scott, Young and Dean, Esqs, 203 Fort Worth Club Bldg, Fort Worth.
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13.4. Ohio v Lodico (Bowling Green) (Ohio Sup Ct) Def arrested for selling "Young Socialist" on public sidewalks without a license; convicted. Jy 12, 1967: Sup Ct reversed: licensing ordinance constitutes prior restraint on speech and publication.
14. Of Books, Magazines (and 22, 52)
Article: Horace W Fleming Jr, Georgia literature commission. 18 Mercer 325-336.

Note: Constitutionality of Oklahoma Literature Commission. Holding v Nesbitt (259 F Supp 694, WD Okla 1966). 20 Oklahoma 184-189.

Proposed Legislation: S 1584 to create Commn for Elimination of Pornographic Materials. Cong Rec—Sen. Ap 19, 1967, S 5475.

S 188 establishes Commn on Noxious and Obscene Materials. Cong Rec—Sen. May 10, 1965, S 6593; May 11, 1967, S 6680.


14.19. Putnam's v Callissi (NJ Sup Ct) Je 1964: Pl-publisher sought to enjoin enforcement of ban on sale, distribution of "Memoirs of Fanny Hill." Dec 7, 1964: Ct denied injunction, held book obscene: no social value, appeal to prurient interest, patently offensive, "hard core pornography." Mar 21, 1966: USSC, in Memoirs, 383 US 413, held book not obscene. Def refused to consent to dismissal: USSC decision confined to particular facts of case. On appeal, Pl argued: (1) decision in USSC case controls, requires reversal; (2) in any event, principles established in Memoirs require reversal on present record. Sup Ct took directly; Jy 1967: argument pending.

Rembar and Zolotar, Esqs, 521 Fifth Ave, NYC.
14.20. Pennsylvania v Robin (Pa Sup Ct, #180,181) 1961: Com Pleas Ct enjoined sale and distribution of "Tropic of Cancer." Def's appeal attacks Roth, 52.3, 354 US 476, obscenity statutes 18 PS §3832.1. (1961) and PL 1330 (1959) as unconstitutional violation of First and 14th Amdts and Pa Const Art I, §7. Pending.

Amicus brief for Phila ACLU, by Gilbert M Cantor, Esq, 1300 Two Penn Center Plaza; Julian E Goldberg, Esq, 2028 Delancy Pl, both of Phila, Pa.

Case note: 13 Wayne 410-417.
14.21. Long v Anaheim, Garden Grove (4th Dist Ct of App) 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 Spring St, Los Angeles.
14.22. Fed'l Trade Commn v Rodale Press (FTC) Commn sought prohibition against health book advertising. Def maintains advertising which truthfully reflects book contents (regardless of their falsity) is constitutionally protected. Pending.

William Warfield Ross, L Speiser, Esqs, 1424 16th St NW, Washington, DC, for ACLU.
15. Of Miscellaneous Activities
Proposed Legislation: S 2128 repeals equal time for candidates provision of Communications Act. Cong Rec—Sen. Jy 17, 1967, S 9700.
15.18. In re Bridge Theatre (Manhattan) (NY License Dept) Apr 1966: Def, off-Broadway theatre, presented program including vignette against US involvement in Vietnam; License Commr observed show, found "foul and lewd language derisive of the United States and its role in Vietnam ... coupled with an attack on President Johnson and ... a flag-burning," children 5 to 8 yrs old used as actors without consent of Mayor's office. Apr 11: Commr ordered immediate show-cause h'g on theatre ownership license. Dec 1, 1966: 8 of 9 charges dismissed after h'g. Charge of serving liquor to audience pending.
15.19. Residents of Yorktown Heights v Yorktown Heights School Bd (NY Sup Ct) Def granted permission for Am Field Service benefit at school, starring singer Pete Seeger. Pls, 8 residents, sought to enjoin concert: "controversial songs should not be sung on public property," riot feared. Jan 30, 1966: Sup Ct dismissed: "no showing ... of ... immediate irreparable injury to the public weal," adequate police would be present.

Edgar A B Spencer, Esq, Grace Lane, Ossining, NY.
15.20. Chavez v Visalia Muni Ct (5th Dist Ct of Apps, Civil #776) Pl-labor organizer used sound truck. Complaint filed in Porterville Justice Ct; violation of Tulare Co Loudspeaker Control Ordinance. Pl demurred, overruled. Pl sought writ of prohibition in Tulare Co Super Ct: denied. Nov 20, 1967: Ct of Apps reversed: ordinance unconstitutionally overbroad, Bd of Supervisors not given standards.

Marvin Stender, Esq, 123 2nd St, San Francisco 94105.
15.21. Sonoma Co v Gottlieb (Santa Rosa Muni Ct) Def-retired entertainer permitted persons to camp semi-permanently on his ranch. Aug 7, 1967: Arrested; misdemeanor running organized camp unsanitarily, without license; freed on &276 bail. Aug 13: Def pleaded not guilty; campers "personal guests." Trial set Aug 15. Pending.
16. Of Parades (and 55, 63)

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.
16.4. Sumrall v Birdsong, Busby (Shubuta) (SD Miss) Aug 20, 1966: Pls participated in civil rights march; police broke up march. Pls sued for injunction restraining Defs-local officials from failing to protect demonstrators, Jy 1967: DC ordered Defs to protect peaceful marches, established rules for marches: (1) marchers must give 24 hrs notice of route; (2) marches must be during day only, no singing or chanting; (3) marchers must go two abreast on side of street, may not march in front of City Hall.
16.5. Bogalusa v 54 Defs (Muni Ct) Jy, 1967: Bogalusa Civic & Voters League sought parade permit. Police denied: although under fedl DC order to protect civil rights demonstrations, manpower insufficient to police both march and American Legion 4th of July parade. League paraded 3
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blocks, 42 arrested: parading without permit, disturbing peace. Subsequent courthouse picket; 14 arrested: trespassing, interfering with police. Pending.

And see Guyot, 51.Miss.4.
20. Administrative Restrictions
21. By US Customs

21.5. Teague v US Customs Service (SD NY) Nov 14, 1966: Def notified Pl that shipment of 5000 books from Vietnam would be detained until Pl obtained license under Trading with Enemy Act (50 USC App §5(b) (1)) and Foreign Assets Control Regs, 31 CFR §500.204 (amended, 32 Fed Reg 7829-30(1967)). Pls refused to apply for license. Dec 30: Pls sued for declaratory and injunctive relief attacking laws as restricting free speech. Aug 4, 1967: DC dismissed complaint; held laws constitutional: "During this period of undeclared but nevertheless very real wars involving this nation, the Trading with the Enemy Act is a diplomatic weapon, the importance of which cannot be gainsaid."

Henry Winestine, Esq, for ACLU, 30 E 42d St, NYC.
22. By US Postmaster (and 12, 14)
Proposed Legislation: S 926 permits return of unsolicited obscene mail to Postmaster Genl. Cong Rec—Sen. Feb 9, 1967, S 1880.
22.19. Re PO Employee (Postal Inspector Service) Postal inspectors inserted ad in correspondence club bulletin under fictitious female name. Resp answered by mail. Inspectors confronted Resp with letters in his home, accused him of felony. Resp signed paper authorizing inspectors to search house for bulletin. Inspectors seized book, letters to Resp's wife as "obscene," insisted Resp sign incriminating statement, told Resp not to leave town. Resp forced to resign, personnel file marked "resigned while under investigation ... for mailing obscene letters." After objections by Resp's counsel, PO (1) agreed to cease entrapping ads, (2) replaced notation above with "resigned," (3) returned book and letters.

Nat'l Capital Area Civil Liberties Union, 1424 16th St NW, Washington, DC.
23. On Government Information and Secrecy
Article: Bob Krause, Army house arrest of reporter on Kwajalein. Cong Rec—Appendix. Apr 12, 1967, A 1759.
24. On Students and Professors (see also 56, 262, 281, 342, 571)
Book: David P Gardner, The California oath controversy. Univ of Calif Press. 1967. &6.50.

Articles: Alvin L Goldman, University and liberty of its students: a fiduciary theory. 54 Kentucky 643-682.

Educational "establishment" agrees on more student rights. Science, Aug 4, 1967.

Symposium: Education and the law. 42 N Dakota 603-774.


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

NAACP Legal Defense and Education Fund, Inc, 10 Columbus Circle, NYC.
24.31. Finot v Pasadena Bd of Ed (2d Dist Ct of App, #29716) 1963: Pl-teacher transferred to non-classroom job for wearing beard. Super Ct denied writ of mandate for restoration to classroom teaching. Apr 18, 1967: Ct of App reversed: administrative prohibition on teachers' wearing of beards deprived Pl of liberty without due process; beard is protected expression of personality; no showing made that Pl's beard disrupted educational process or would prevent enforcement of rule against student beards—hence no public interest overrides Pl's rights.

Slaff, Mosk and Rudman, Esqs, 1801 Sunset-Vine Tower, Hollywood; Wirin and Okrand, Esqs, 257 S Spring St, Los Angeles for ACLU as amicus.

And see Forstner, 25.12.
24.37. California v Savio (Univ of Calif—Berkeley) (USSC) (388 US 460) Sept 21, 1964: Univ administration announced new rules prohibiting on-campus soliciation of funds, recruitment of students for off-campus political activity. After negotiations, demonstrations, disciplinary actions, Dec 2: 1000 students entered Univ administration bldg to stay. Dec 3: Gov Brown took charge from Sacramento; 3:30 a.m. Chancellor ordered students to leave or face arrest: many students went limp. 700 police from 2 cities and state highway patrol dragged out and arrested 796 Defs; charges: trespass in public building (Pen C §602(o)), failure to disperse (§409), resisting arrest (§148). Dec 4: student and teaching assistant strike.

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

Jan 6, 1965: Defs filed notice that pending case may constitute a "big case," citing 25 Fed Rules Decisions 351; filed demurrer alleging statutes on their face and as applied (1) deny due process and equal protection because arbitrary and vague; (2) deny free speech, impose prior restraints, limit academic freedom under US and state constitution: filed motion for pretrial hearings and consolidation of cases, with long brief on (1) need for joint trial to insure justice to Defs, in public interest, in interest of administration of justice— rather than ct-proposed 80 trials of 10 Defs each; (2) need for pretrial in this crim case as in civil cases; (3) statutory history, construction show statutes here not intended to apply to mass student sit-in of Univ bldg. Ct overruled demurrer, granted limited pretrial on basis of ct's inherent power.

101 Defs pleaded nolo: to be sentenced; 2 requested jury trial; 5 had charges dropped against them; 9 sent to juvenile ct. State rejected Defs' request for 1 mass jury trial, for 1 representative jury trial; agreed to 1 nonjury trial of 150.

Apr-June, 1965: nonjury trial of 150; 529 agreed to be bound by decision. All acquitted on failure to disperse (Pen C §409); some found guilty of trespass (§602(o)), others of trespass and resisting arrest (§148). June-Jy: 530 sentenced; on one count &56 fine, 1 yr probation (requiring refraining from participation in "illegal" demonstrations); on 2 counts, &56 fine, 1 yr probation on 1st count; &100, 10 days in jail, suspended, and 1 yr probation on 2d count. 186 rejected probation; resentenced: on 1 count, &100 or 10 days; on 2 counts, &100 or 10 days, and &150 or 15

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days. 12 Defs, mostly leaders, up to 90 days in jail plus probation; most rejected probation; resentenced: up to 120 days. All but 51 appealed. Feb 8, 1966: DCA upheld Juvenile Ct decision which found 4 juveniles guilty of trespass, resisting arrest. Feb 28: 574 Defs joined in petition for reh'g. DCA denied reh'g. Apr: Calif Sup Ct denied petition by 574 Defs to intervene, for habeas, or leave to appeal, to make additional findings. Je 12, 1967: USSC dismissed appeal; denied cert.

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

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

Brief: Henry Elson, Esq, 2020 Milvia, Berkeley 94704. &5.

Berkeley Free Speech Defense Counsel, Mass criminal trials: Need for pretrial. 24 The Guild Practitioner 44-56 (Spring 1965), Box 673, Berkeley, Calif.

And see Poland, 55.Calif.18; Aronson, 58.Calif.20.
24.41. Burnside v Byars (Philadelphia, Miss) (CA 5, #22,712) 50 Negro students suspended from public school for wearing CORE buttons; 44 reinstated. Dec 1964: complaint for injunction filed: state benefit cannot be conditioned on foregoing First Amdt rights. DC denied. Appeal argued.

L H Rosenthal, Esq, 518 E Capitol St, and Henry M Aronson, Esq, 507½ N Farish St, Jackson, Miss; Melvin M Wulf, Esq, ACLU, 156 Fifth Ave, NYC.
24.43a. Johnson, McCente 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 (aff'd 384 US 780), Peacock, 55.Miss.5a (rev'd 384 US 808) or Cox, 51.25, 348 F2d 750; 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 Forman, 55.Ala.8.
24.45. California v Peters, Cuddy, Friel, Kitchinsky, Namais (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. Peters, Namais acquitted on 2 counts; jury hung on 1, no retrial. Friel, Kutchinsky acquitted on all counts. Cuddy convicted of trespassing and failing to disperse. Appeal pending.

Ephraim Margolin, Esq, 683 McAllister; Marshall Krause, Esq, 503 Market St, both of San Francisco, for ACLU.
24.51. Jones v Bd of Regents (U of Arizona) (DC Ariz, #2142-Tuc) 1966: Pl, non-student, attempted to pass out anti-Vietnam war leaflets on campus; arrested: violation of ordinance prohibiting non-student's distributing leaflets on campus. 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 Mutzambezi, 553.Pa.4.
24.53b. Poll v Knorr (Wash Sup Ct) Def suspended Pl, 13-year old honor student, for refusing to cut his long hair. Ct granted temporary restraining order; at subsequent hearing for preliminary injunction, judge dismissed. Appeal to Wash Sup Ct pending.

David R 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, 155 Town and Country Rd, Orange, Calif.
24.53d. Marshall v Oliver (Va Sup Ct of App) (87 S Ct 319) Pl-students (Richmond Professional Institute), state school, denied re-registration: Pls wore beards, long hair in violation of school regulation. Pls sued for admission. Nov 23, 1965: Cir Ct dismissed: enforcement of regulation not unreasonable or arbitrary. Sup Ct affirmed. Sept 9, 1966: cert filed: violation of First, Ninth, 14th Amdts, Nov 14, 1966: USSC denied cert.

Howard H Carwile, Esq, 10 S 10th St, Richmond.

And see Forstner, 25.12.
24.54. Goldberg v Regents of Univ of Calif—Berkeley (1st Dist Ct of App) Def-Univ dismissed 1 Pl-student, suspended 3 others, all participants in "dirty word" demonstrations. Aug 31, 1965: Pls sued for reinstatement. Ct sustained Def's demurrer without opinion. Pl argued: Univ regulation (students "should adhere to acceptable standards of good conduct") void for vagueness; h'g and punishment infringed First Amdt rights by determining Pls used obscene language without considering context in which words used or whether there was any redeeming social value in their use; procedural unfairness of Univ h'g. Ct of App affirmed; Sup Ct denied petition.

Donald Kerson, Esq, 341 Market St, San Francisco.
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24.56. Pickering v Bd of Educ (Will Co) (USSC) (225 NE2d 1) 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. Sup Ct affirmed. Nov 6, 1967: USSC noted probable jurisdiction.

Ligtenberg, Goebel & DeJong, Esqs, 134 No LaSalle St, Chicago 60602.

Harry Golter, Esq, 105 W Adams St, Suite 400, Chicago 60603, for amicus ACLU.
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 organization." Defs used statute to keep Communist speaker off campus. Pls, faculty and students at Univ, seek to enjoin Defs from continuing to enforce statute. DC denied Defs' motion to dismiss for lack of Fedl question. Motion for summary judgment pending.

David J Krupp, Robert Plotkin, Esqs, 208 S LaSalle St, Chicago 60604, for ACLU.
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. Feb 1966: Case argued before 3-judge ct.

MacNeil Smith, Esq, Jefferson Standard Bldg, Greensboro, NC; Dan Pollitt, Esq, University of North Carolina Law School, Chapel Hill, NC, for amicus NC ACLU; William Van Alstyne, Duke Law School, Durham, NC, for amicus AAUP.

And see Klopfer, 365.12.
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.
24.62. In re M Ridgeley Clark (Amherst) (Northampton Super Ct) Pl, age 12, wore black armband to school as symbol of mourning for dead in Vietnam war. Je 2, 1967: Pl suspended; petitioned for revocation of suspension. Je 9: Ct denied petition.
24.62a. Tinker v Des Moines Independent School Dist (CA 8, #18642) Pls wore black arm bands to school to protest Vietnam casualties; suspended. Pls sued (42 USC §1983) for injunction and nominal damages; submitted to 3-judge panel, withdrawn after oral argument. To be reargued en banc in Oct term, 1967.

Dan Johnston, Esq, 917 Savings and Loan Bldg, Des Moines, Iowa.
24.63. Athos v Fremont Unified School District (Alameda Co Super Ct) 1966: Pl suspended for long hair. Judge signed temporary restraining order, issued preliminary injunction requiring that Pl be re-admitted pending trial on merits.

Newman, Marsh and Furtado, Esqs, 22274 Main, Hayward, Calif.
24.64. Myers v Arcata Union High School District (Humboldt Co Super Ct) 1966: Pl suspended from school: "extreme hair style." Pl petitioned for mandamus; Ct stayed suspension pending trial. Nov 10: Ct issued mandamus preventing school officials from taking any action against Pl because of his hair length: regulation on hair styles too vague. Appeal pending.

Lawrence A Truitt, Esq, ACLU, 503 Market, San Francisco, Calif.
24.65. Akin v Riverside Bd of Educ (Calif Ct of App) Sept 1965: Bearded Pl denied admission to Def's high school; entered private school. Sept 1966: denied admission to public school: "Better Grooming Code" demands that students be clean-shaven. Pl appealed to local Bd of Educ; Bd refused to hold h'g. Pl sued for writ of mandate to compel his admission; Ct denied order. Pl appeals: Defs have not shown that Pl's beard will disrupt classroom decorum. Pending.

Tony Geram, Esq, 8408 Sierra, Fontana.
24.66. Harris v Bd of Educ (Haverford) (Delaware Co Ct of Common Pleas, #1333-1967) High school student had "Prince Charles" haircut. Oct 1966: school authorities required student to cut hair, which he did. Jan 1967: School ordered student to cut hair; he refused, suspended until hair cut. Student's father filed suit: right to go to school is basic right of citizenship under US and Pa Constitutions. Feb 3: Ct of Com Pleas suggested boy cut hair, then return to school; took case under advisement. Feb 9: Def ruled boy would not be re-admitted unless hair cut. Feb 13: Student cut hair, returned to school. Pending.

Allen Olmsted, Esq, Packard Bldg, Philadelphia 19102.
24.67. Bd of Educ (Edison Township) v New Jersey State Bd of Educ and Bertin (Super Ct, App Div, AM-433-66) May 24, 1967: Pl suspended Def Bertin, senior class president and honor student: long sideburns. Acting Commr of Educ refused to stay suspension. Je 7: State Bd of Educ reversed Commr; ruled Def could graduate with class. Je 10: Ct affirmed Bd.

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Jack Wysoker, Esq, 313 State St, Perth Amboy, NJ.
24.68. ACLU v Texas 1967: Pl brought suit challenging loyalty oath required of students and teachers at state supported colleges and universities and state employees. Atty Genl declared students no longer required to sign oath. As to non-students, pending.

Dallas ACLU, 202 S Ervay, Dallas.

See teacher loyalty oath cases at 281.
24.69. Arizona State University v 3 Students (Ariz State Univ Discipline Bd) 3 students distributed 1931 anti-war poem by E E Cummings "I sing of Olaf glad and big," which speaks kindly of conscientious objector, unkindly of patriotic attempts to break resistance. Univ charged students with "conducting oneself in manner that might discredit the university." Bd took no disciplinary action. Co atty refused to prosecute under obscenity and "flag defamation" laws.

Sandor Shuch, Pasquale Cheche, Esqs, 3500 N 15th Ave, Tucson, for ACLU.
24.70. Chamless v Tuskegee (MD Ala) Def-administrators expelled Pl-nursing student for using "foul language" to off-campus roommate. Pl sues for readmission: no hearing or opportunity to face accusers; student rights same as those of other citizens, cannot be subjected to capricious rule of administrators. Pending.

ACLU Southern Regional Office, 5 Forsyth NW, Atlanta.
24.71. Chicago v Swenson (Cook Co) (Cir Ct) Dec 1966: Members of College Teachers Union struck. Chicago filed suit to enjoin strikers, Ct issued injunction, union members defied order. Cir Ct convicted local president (30 days, &1000 fine) and union (&5000 fine) for contempt.
24.72. Re Cutrie (Office of Sup't of Philadelphia Schools) Resp-9th grade teacher had predominantly Negro class recite rhyme "Eenie meenie minie moe," including racial slur. Parents and NAACP demanded apology, disciplinary action. Apr 6, 1967: Resp suspended. Apr 7: H'g pending.
24.73. Bock, Anderson v Murphy (Los Angeles Co Super Ct) Jan 18, 1967: UCLA student newspaper issued "Intro," art supplement, including review, drawing of amorous couple by George Grosz, review of Burrough's "Nova Express." LA Co Supervisors asked Gov Reagan to investigate, declared Intro "highly decadent." LAPD and City Atty began investigation. Jan 24: Communications Bd (9 students, 1 faculty, 1 administrator) suspended "Intro" indefinitely. Jan 25: Pl-students sought mandamus compelling Def-UCLA Chancellor stop "Daily Bruin" from publishing "dirty words and salacious material." Pending.
24.74. Hodes v Garrison (SD NY, #67 Civ 1412) Jan 1967: High school newspaper editor distributed mimeo copies of editorial critical of administration, previously banned by Def-principal, to students off-campus. Def dismissed Pl as editor. Apr 13: Pl-mother of ex-editor sued for his reinstatement in DC: denial of Pl's right of free speech; Def lacks jurisdiction over off-campus activities. May: NY Corporation Counsel advised School Bd Pl's rights violated, declined to defend. Je 10: DC ordered Pl reinstated as editor.

Neil Fabricant, Esq, 156 5th Ave, NYC, for NYCLU.
24.75. In re McGlone (Mt Diablo Bd of Educ) Resp-high school teacher fired, allegedly for wearing miniskirt and other misconduct. Je 29, 1967: Calif State H'g officer found none of 20 charges "sufficient cause for not re-employing" Resp. Bd of Educ h'g pending.

Peter Franck, Esq, 2890 Telegraph, Berkeley, Cal.
24.76. Joslyn v Claremont Graduate School (Los Angeles Super Ct, #912532) Fall 1965: Pl took written preliminary doctoral exams; passed 3 of 5. Spring 1966: Pl repeated two exams; was notified he failed both. Apr 4: Def notified Pl of termination from PhD program. Apr 25, 1967: Professor wrote Pl of error: only one exam failed. Je 27: Pl sued to enjoin dismissal, require reevaluation of exam answers and grade, restore student status: arbitrary, capricious, bad faith dismissal and grading. Pending.

Daniel N Fox, 632 N Park Ave, Pomona, Calif 91766.
24.77. Robinson v Sacramento School Dist (Cal Sup Ct) 1964: Def outlawed student membership in Manana Club, high school sorority. Pl-member sought restraining order; Super Ct granted order. 3d Dist Ct of App reversed: club was a secret society (prohibited by Calif Educ Code), fostered "undemocratic spirit." Dec 1, 1966: Cal Sup Ct denied petition for review.
24.78. New York v 6 Cornell Students (Ithaca) (NY Sup Ct) Students at Cornell Univ issued literary magazine. Univ safety director confiscated 130 copies; students protested at rally where 6 students sold copies, were arrested under obscenity law, later released. DA sought injunction restraining sale of magazine: it contained "obscene, lewd, disgusting" article. Jan 20, 1967: Sup Ct issued temporary injunction. Jan 27: Sup Ct dissolved injunction stating magazine contained "much that is vile and evil," but that its sale could not be forbidden: it meets "test against pruriency," is entitled to protection of First Amdt.
24.79. Stacy v Williams (Oxford) (ND Miss, #WC6725) Nov 1966: State Bd of Trustees of Institutions of Higher Learning adopted speaker ban resolution: bars persons who "will do violence to the academic atmosphere . . . persons in disrepute in the area from whence they come, those charged with crimes and other moral wrongs . . . who advocate a philosophy of the overthrow of the government of the US." 1967: Young Democrats and Institute of Civics invited Aaron Henry, state NAACP president, to speak at Univ of Mississippi; Henry had been approved by Trustees as guest lecturer and named in approved Dept of HEW grant to Institute. May 25: Chancellor rescinded invitation extended by Institute, based on 1962 arrest; see Henry, 59.27a. Je 30: Pls sought declaratory and injunctive relief from imposition of ban. Jy 7: DC issued preliminary injunction covering Institute only; held University and Henry had binding contract; ban would constitute impairment of obligation of contract prohibited by Art I, US Constitution. DC ordered briefs presented on merits and motion for 3-judge court. Pending.

Douglas Wynn, Esq, Box 1295, Greenville, Mississippi 38701.
24.80. Puentes v Bd of Educ (USSC, #562) (223 NE2d 45) Pl-high school teacher wrote letter to Bd of Educ criticizing Bd for not retaining another school teacher. Bd suspended Pl for 7½ months for "conduct unbecoming a teacher," "insubordination." NY Ct of App affirmed suspension: no
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violation of First, 14th Amdts where substantial evidence existed that letter was defamatory, malicious, false. Sept 1, 1967: Appeal filed.

Ernest Fleischman, Esq, 120 E 41st, NYC.
24.81. Watts v Seward School Bd (USSC, #325) (421 P2d 586, 88 S Ct 84) Pl-school teacher circulated open letter among other teachers seeking support for ouster of school sup't. School Bd discharged Pl. Alaska Sup Ct affirmed discharge: making false charges reflecting on Sup't's ability constituted "immorality" within meaning of statute. Jy 3, 1967: Petition for cert filed: (1) Did discharge abridge rights of speech and association? (2) Was statute authorizing discharge for "immorality" void for vagueness?

Joe P Josephson, Esq, Anchorage.
24.83. Healey v Keppel (Fellowship Review Bd, Office of Educ, HEW) Pl rejected for military service: failure to complete Security Form, "Close & continuing relationship" with Chmn of S Calif Communist Party, Pl's mother. Pl applied for NDEA fellowship. Def-Commr of Educ denied; same grounds. Jy 1967: Fellowship Review Bd reversed: Pl may take oath of allegiance in good faith.

Lawrence Speiser, Esq, ACLU, Washington, DC.
24.84. Wright v Texas Southern U (SD Tex) (12 RRLR 1185) Student-Pls suspended from state university for participation in demonstration. Pls sued for readmission, alleging violation of First Amdt rights, denial of notice and opportunity for h'g in violation of due process. Sept 1967: DC ruled: (1) student entitled to notice and h'g before suspension from state university; (2) question here re 3 Pls was sufficiency of notice and adequacy of h'gs; (3) one student given notice to report to dean's office and had adequate h'g; other 2 students did not receive h'gs because of their failure to leave accurate addresses with school.

And see Franklin, 54.27.
24.85. Estaban v Central Missouri State College (WD Mo) Mar 29-30, 1967: Pls participated in spontaneous student demonstrations; suspended for participation in "riot" which "resulted in property damage to state property . . .," tho no contention Pls directly caused any of damage. Pls sued, claiming denial of due process: (1) no h'g, warning or notice of specific charges prior to suspension; (2) only informal meetings with Dean and Pres, no time to prepare defenses, no opportunity to present defense; (3) no opportunity to be represented by counsel; (4) no right of appeal. Oct 3: DC directed Pls be given new h'g: 14th Amdt directs that due process be afforded state college students before suspension, tho due process is not as formal as that required in criminal cases.

Irving Achtenberg, Esq, Merchants-Produce Bank Bldg, 531 Walnut; Michael White, Esq, Homesavings Bldg, both of Kansas City, Mo 64106.
25. On Miscellaneous Activities
Opinion: Acting Corp Counsel of Dist of Columbia, Jy 12, 1966, declares unconstitutional regulations of Bd of Library Trustees restricting types of meetings and literature distribution in DC public libraries. Newsletter on Intellectual Freedom V, XV.
25.11. Belshaw v City of Berkeley (1st Dist of App) Jy 22, 1963: Pl-fireman wrote letter to local newspaper criticizing decision of city officials' creating salary differential between firemen and policemen; suspended. Personnel found against Pl. Pl sought mandamus. Dec 31, 1964: Super Ct granted writ: Pl did not use inflammatory language or urge unlawful conduct; personnel rules "vague and overbroad," violating due process, free speech. Ct of App affirmed: "public employee may speak freely, as long as he does not impair the administration of the public service in which he is engaged."

Albert M Bendich, Esq, 2550 Telegraph Ave, Berkeley; James Goodwin, Esq, BAND, San Francisco; Marshall W Krause, Esq, 503 Market St, San Francisco, for ACLU.
25.12. Forstner v Civil Service Commn (1st Dist Ct of App) Aug 1966: DCA affirmed decision of Super Ct: Pl wrongfully fined 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.

And see Finot, 24.31.
25.15. Sokol v Pacific Telephone and Telegraph Co (Calif Sup Ct) (418 P2d 265) 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; denied.

Marshall Krause, Leo Borregard, Esqs, ACLU, 503 Market St, San Francisco 94118.

Regulations: Dec 31, 1966: Cal Public Utilities Commn requires court order to remove telephone in allegedly illegal use, to conform to Sokol, 25.15.

Case notes: 55 California 566-580; 67 Columbia 773-779; 12 Villanova 661-665.
25.16. NYCLU v New York Telephone Co (NY Public Service Commn, #23894) Def has tariff requiring recorded telephone messages to include name and address of sponsoring organization or individual. Pl challenged rule. Complaint dismissed; no review sought because of doubtful standing to sue.

Henry Winestine, Esq, 30 E 42nd St, NYC 10017.
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
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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. June 1967: Commn adopted rule. Pet for rehearing denied. Dec 1967: Pet-ACLU filed appeal in Sup Ct; 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, for amicus ACLU.

And see Dumpson, 62.6a.
25.18. Bagley v Washington Township Hospital District (Calif Sup Ct) (421 P2d 409) 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. Dec 20, 1966: Sup Ct reversed.

Marshall W Krause, Esq, 503 Market St, San Francisco 94118.

And see Rosenfield, 261.18.
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, 37 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, Esq, IBM Bldg, David Skellenger, Esq, Norton Bldg, Seattle; Allan Overland, 950 Pacific, Tacoma.
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 v Alameda-Contra Costa Transit District (Calif Sup Ct) Sept 10, 1965: Women for Peace requested advertising space on buses for peace message. Defs refused: policy to accept only commercial or purely election ads. Super Ct granted preliminary injunction restraining Defs from refusing to accept ad. Ct of App reversed. Dec 21, 1967: Sup Ct affirmed injunction order: without showing clear and present danger, transit authority not entitled to refuse ads expressing constitutionally protected opinions for reasons of administrative convenience; time, place and manner of advertising may be regulated to accommodate all those desiring ad space.

Joseph R Grodin, Esq, Russell Bldg; Marshall W Krause, Esq, ACLU, 503 Market St, both of San Francisco.
25.21. Tepedino v Dumpson (NY Ct of App) Pls, employees of Welfare Dept, wrote letter to HEW criticizing practices of NY Welfare Dept; suspended. Sup Ct denied reinstatement. Appeal pending.

Morris P Glushien, Esq, 1710 Broadway; Jerome B Kauff, Esq, 1501 Broadway; Ernest Fleischman, Esq, 230 Park, all of NYC.
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.
25.23. Barbour v Sheet Metal Workers Intl Assn (Detroit) (ED Mich, #25155) Pl-union member criticized union leadership and members; Def expelled him: union misconduct. Ct held expulsion void: violates free speech, contract, Labor Management Act §411(A) (2). No appeal.

Ernest Goodman, Esq, 3200 Cadillac Tower, Detroit; Erwin B Ellman, Esq, 1800 Penobscot Bldg, Detroit 48226, for amicus ACLU.

Lawrence Karlton, Esq, 1107 9th St, Sacramento.
25.25. 5th Ave Vietnam Peace Parade Committee v New York Port Authority (NYC) (SD NY) Pl-peace group distributed leaflets in concourse of bus terminal. Port Authority tried to ban distribution. Pl sought injunction. May 5, 1967: DC granted injunction; held it is "citizen's fundamental right freely to express his views in public places," Pl can peacefully distribute leaflets in terminal if does not impede pedestrian traffic or bus service.

And see criminal cases at 51, 55.
25.26. In re Gray (CA 9) 1963: Pet, post office worker, addressed meeting of county Democratic Central Comm; discharged by Civil Service Commn: violation of Hatch Act. DC affirmed discharge. CA reversed: Pet's speaking "reflects no more than the public expression by [him] of an opinion on a political subject which . . . activity (is) protected . . ." Commn reinstated Pet.

William S McLennan, Public Service Bldg, Portland, for ACLU.
25.27. In re State Bar Rules (Cal Sup Ct) 1967: State Bar proposed amendment to rules of professional conduct, to prohibit lawyers from writing "self-laudatory" books about themselves and their experiences at the bar. ACLU brief opposed adoption of rules on grounds of vagueness and interference with free speech of lawyers. Pending.

ACLU, 503 Market St, San Francisco.
25.28. NAACP v KNEW, Michaels (Oakland) (FCC) Radio talk show host interviewed identifying herself as undercover FBI agent and called civil rights leaders and organizations Communist-inspired and extortionists. Aug 24, 1967: Comp filed charges with FCC: Resp-interviewer supports racial discrimination and racist attitudes, does not grant equal time to opposing points of view. Pending.
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25.29. Nevens v City of Chino (Calif) (5th Dist Ct of App) City Council rule barred use of tape recorder at public city council meetings. Pl sued for declaration that First Amdt protects right of spectator-reporter to use recorder. Super Ct dismissed. Ct of App reversed. Def rescinded rule before trial on merits; case dismissed.

Tony Geram, Esq, 8408 Sierra, Fontana, for ACLU.
25.30. Overseas Media Corp v McNamara (CA DC, #20590) Defense Dept refused Pl access to Post Exchange facilities in Far East for distribution of "Overseas Weekly" despite proven popularity. DC upheld Def's prohibition of distribution: Defense Dept has unreviewable discretion to determine what items of merchandise to handle. Feb 17, 1967: appeal filed. Pending.

Warren Woods, Betty Murphy, Esqs, 1735 K St, Washington, DC 20006; Richard G Brueckner, Esq, Lawrence Speiser, Esq, 1424 16th St, Washington, DC, Marvin Karpatkin, Esq, 156 Fifth Ave, NYC, for amicus ACLU.
25.31. Lucke v Davis (USSC, #402) Pl-Municipal Ct employee wrote letter to chief judge critical of operations of his dept. Md Personnel Commr discharged Pl. Baltimore City Ct affirmed. Apr 7, 1967: Md Ct of App affirmed: appeal dismissed as untimely due to ministerial error. Jy 20: Petition for cert filed: (1) Did First Amdt bar discharge if letter was not scurrilous or disloyal; (2) Did collateral attack on validity of docket entry constitute denial of due process. Pending.

Leonard J Kerpelman, Esq, Baltimore.
25.32. Marshall v Sawyer (USSC) (365 F2d 105; 385 US 1006) Pls excluded from premises licensed for gaming, including nongaming portions, as "persons of notorious or unsavory reputation or who have extensive police records." Pls sued in fedl ct; dismissed. CA 9 held: exclusion not barred by 14th Amdt; lists with names of excludable persons compiled by Nevada Gaming Commn not bills of attainder since not legislative acts. Jan 9, 1967: USSC denied cert.

William B Beirne, Esq, A L Wirin, and Fred Okrand, Esqs, 257 S Spring St, all of Los Angeles.
25.33. Re Mural (NYC Human Rights Commn) Jamaica Savings Bank lobby decorated with mural "Historical Pageant of Long Island," including `Banjo Billy,' Negro Revolutionary War figure. Je 1966: Civil rights groups picketed bank, claiming portrait stereotypical, prejudicial. Je 15: H'g; NYCLU opposed removal: protest "a cultural witchhunt." H'g officers recommended painting be changed or removed. Pending.

NYCLU, 156 Fifth Ave, NYC.
30. Economic Restrictions
(see also 251, 261, 268, 281, 571)

Article: Jerome A Barron, Is free speech audible? Current, Aug 1967.

Proposed Legislation: HR 16203 requires restrictions and disclosure of campaign funds. Cong Rec—House. Aug 30, 1966, 20412.


30.15. Weaver v Jordan (USSC) (411 P2d 289, cd 385 US 844, 1966) Nov 8, 1964: California voters passed Prop 15, outlawing pay television. May 19, 1965: Super Ct held Prop 15 conflicted with guarantee of free speech, pay TV could not be banned: "Since the right (of free speech) is worthless without an effective means of expression the guarantee extends to both the content of the communication and the means employed for its dissemination." Mar 2, 1966: Sup Ct affirmed. Oct 6, 1966: USSC denied cert.

Marshall Krause, Esq, 503 Market St, San Francisco, for amicus ACLU.
30.17. Smith v SNCC, Albany Movement (CA 5) 1963: Def civil rights groups picketed white Pl's store. 1965: Pl sued in state ct for damages. Aug 5, 1965: Defs petitioned for removal to DC MD Ga: purpose of suit to intimidate, harass and obstruct Defs in exercise of First Amdt rights. (Defs also answered: Pl's own malice, hate, ineptness, negligence and want of business acumen sole and proximate causes of his injuries.) DC remanded to state ct. Appeal pending in CA 5.

C B King, Esq, Box 1024, Albany, Ga; Howard Moore, Jr, 859½ Hunter St NW, Atlanta.

For background, see US v Rabinowitz, 55.Ga.35, 366 F2d 34 (CA 5 1966) at X DOCKET 11, 93, 137; XI DOCKET 7, 66; XII DOCKET 11.

And see Sims, 73.Ga.6.
30.18. Hurwitz v Directors Guild of America, Inc (SD NY) (364 F2d 67, 385 US 971, 62 LRRM 2653) Jy 1965: Def and Screen Directors Int'l Guild (SDIG) agreed to merge: SDIG members automatically become members of Defunion subject to condition they take loyalty oath. Pls, members of SDIG, refused to swear to oath: Def denied them membership. Pls moved for restraining order and preliminary injunction. SD NY denied motion: (1) no showing of irreparable injury; (2) Labor Management Reporting and Disclosure Act "permits reasonable qualifications thereof in a Union's constitution and by-laws." CA 2 held invalid anti-subversive oath of private organization as violative of NY common law. Dec 5: USSC denied cert. Jan 27, 1967: SD NY ordered retroactive admission of Pls and abolition of oath requirement.

Nanette Dembitz, Melvin L Wulf, Esqs, ACLU, 156 Fifth Ave, NYC 10010.

Case note: 40 S California 372-383.
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; 16-year-old, 430.12.
30.20. US v Lenske (Portland, Ore) (CA 9) (383 F2d 20) 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." On retrial, DC convicted. Aug 28, 1967: CA withdrew
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unpublished opinion on 1966 appeal: IRS agent's statements not properly in appellate record; reversed conviction: insufficient and speculative evidence, erroneous denial of discovery; denied reh'g. Madden, J, in separate additional opinion, reiterated grounds for first reversal.
30.21. Re Mikesell, Berg, Pimentel (Berkeley) (NLRB) Pets, Airco-Temescal employees, attempted to organize union. Je 23, 1967: Pet Mikesell filed affidavit with NLRB: offered bribe to vote against union. Aug 14: Pet Mikesell put anti-war poster on wall; fired: chronic insubordination. Aug 15: Pets Pimentel and Berg fired: lack of incoming work. Pets claim firings were for union activities. Pending.

And see Garcia, 427.5a.
40. Contempt (see also 63, 330s, 390s)
41. Of Federal Courts
Civil contempt in federal courts: Griffin v Co School Bd (363 F2d 206, CA 4, 1966). 24 Washington and Lee 119-125.
41.8. Harris v US (382 US 162) Facts: XI DOCKET 62. Case note: 12 Wayne 699-704.
41.10. US v Chandler (CA 2, #31036) Nov 1965: Draft cards burned at NYC rally. Def allegedly found and kept unburned portion of friend's card. Oct 21, 1966: Def subpoenaed in Edelman, Cornell, Lisker, 123.82, refused to answer questions re possession of card or presence at rally; held in contempt. Nov 3: Contempt h'g. Dec 8: Ct sentenced Def to one day probation. Jy 12, 1967: CA reversed with instructions to acquit: not "perfectly clear" that answers might not provide US with evidence to try Def as accessory or for misprision of felony; no question of immunity.

Mordecai Rosenfeld, Esq, 233 Broadway, NYC 10007.
41.11. Cheff v Schnackenberg (USSC) (341 F2d 548, 384 US 373) 1954: complaints issued against individual Def and Holland Co before Fed'l Trade Commn re unfair competition, deceptive trade practices. Extensive h'gs. 1958: FTC issued cease and desist order. Co appealed. FTC sought pendente lite order from CA. Aug 1959: FTC issued order. 1959: CA upheld FTC jurisdiction to issue order. 1961: FTC affirmed order on the merits. Mar 1962: FTC sought contempt order. Apr 1963: CA issued order to show cause. 3 CA judges denied Def's motion for jury trial, 10 day h'g; guilty: 6 mths. Je 6, 1966: USSC (6-2) affirmed, Clark, J: no right to jury trial for petty offenses when sentence is 6 mths or less. (White, J, took no part.) Douglas, J (Black, J), diss: contempt is a "crime" within meaning of US Const, Art III, §2 and a "criminal prosecution" within meaning of Sixth Amdt, both of which guarantee jury trial.

Joseph E Casey, Esq, Ring Bldg, Washington, DC.

Casenotes: 1967 Duke 632-664; 51 Minnesota 962-7.
41.12. Shillitani, Pappadio v US (USSC) (345 F2d 290; 235 FSupp 887, 346 F2d 5; 384 US 364) Grand jury investigating violations of fed'l narcotics laws subpoenaed Defs, who refused to answer questions, invoking privilege against self-incrimination. DA requested DC to grant immunity (18 USC §1406); DC granted immunity, including any pending criminal prosecution; Defs continued refusal to answer many questions. DC, without jury, found Defs in contempt: 2 yrs but with "purge clause"—unqualified right to release if Defs answered questions. Je 6, 1966: USSC (6½-1½) vacated, Clark, J: (1) this was civil contempt, for which Def can be confined until compliance without indictment or jury trial; (2) since grand jury term had expired, Defs must be dismissed. (White, J, took no part.) Harlan, J (Stewart, J, in part), diss.

Albert J Kriger, Esq, 401 Broadway, NYC 10013; Jacob Kossman, Esq, 1325 Spruce St, Philadelphia 19107.
42. Of State Courts
Note: Contempt without cause: Newby v Dist Court of Woodbury Co (147 NW2d 886, Iowa 1967). 12 S Dakota 353-363.
42.24. Indiana v Neal (Hamilton Co Cir Ct) June, 1965: Cir Ct judge decreed all moving traffic offenders will get jail sentence regardless of crime or past record. Def, newspaper editor, criticized—"an excellent example of shotgun justice"; arrested for criminal contempt; bail set at &50,000; maximum penalty 3 mths and &500. Pending.
42.25. In re Jankunis (Butte Co Super Ct, #44064) Dec 23, 1965: Defs, Chico State College prof and students, allegedly handed out leaflets in view of jurors during last day of profanity trial of another Prof, di Tullio, 52.84; arrested, contempt. Super Ct granted writ of habeas corpus, Defs released pending h'g: indirect contempt and acts not contemptuous but within constitutional guarantee of free speech, no clear and present danger to judicial process being involved. Pending.

A John Merlo, Esq, 645 Normal, Chico, Calif.

And see California v di Tullio, 52.84.
42.26. Oregon v Buchanan (Eugene) (Ore Sup Ct) Def-managing editor of student newspaper of U 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: no statute protecting reporters who fail to divulge sources; "the right and remedy of the State ... defeated and prejudiced by the respondent in her contempt." Motion for new trial denied. 1968: Ore Sup Ct affirmed: no right violated.

Arthur Johnson, Esq, 641 Pearl St, Eugene, Amici: American Society of Newspaper Editors; Sigma Delta Chi.

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.
42.28. New York Co Lawyers' Assn v Dacey (NY Co Sup Ct) 1966: Resp Crown published, sold 600,000 copies of Resp Dacey's book, "How to Avoid Probate." Jan 1967: Pet instituted suit under §750B, NY Jud Law, to have Resps held in contempt for illegal practice of law, to enjoin sale of forms, documents attached to book. Resps deny unlawful law practice; attack §750B as vague, restriction on freedom of press; deny §750B grants power to issue injunction. Je 30: Sup Ct held Dacey in criminal contempt; issued injunction. Appeal pending.

Satterlee, Warfield and Stephens, Esqs, James F Dwyer, Esq, Jean C Lucas, Esq, Robert M Callagy, Esq, 277 Park Ave, NYC, 10017.

Amicus: NYCLU, 156 Fifth Ave, NYC.
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42.29. Salveson v Wilkins (Washington Sup Ct) Def refused to enter grand jury room without her attorney. Judge summarily held Def in contempt. On appeal, Def asserts right to jury trial: "contempt" not committed in presence of judge. Argument pending.

Donald Davidson, Esq, Logan Bldg, Seattle, for amicus ACLU.
42.30. Re David W Rees (Yolo Co Super Ct) Jan 5, 1967: Pet arrested: traffic citation. Feb 6: Trial judge ordered Pet to cut his hair or be held in contempt of court for 1 day. Pet refused. Dec: Super Ct set aside sentence: Pet's appearance did not interrupt proceedings.

Lawrence Karlton, Esq, 1107 9th St, Sacramento.

And see cases at 24.53.
42.31. DeStefano v Illinois (USSC) (212 NE2d 368; 385 US 821, 989) Criminal Def showed continued misconduct, disrespect, open defiance of trial ct's authority; contempt: Trial ct imposed 1-year sentences for each of 3 contempts, concurrently. 1966: App Ct affirmed, no abuse of discretion. Sup Ct aff'd. June 31: cert filed; questions: did trial ct err in denying state's motion for sanity h'g due to suggestive nature of Def's conduct? Were sentences cruel and unusual punishment? Dec 12: USSC granted motion to amend petition; denied cert.

Julius L Echeles, Esq, 30 N LaSalle, Chicago, Ill; James M Shellow, Esq, 660 E Mason, Milwaukee, Wis.
42.32. Bloom v Illinois (USSC, #52) (220 NE2d 475, 386 US 1003) Trial ct found Def-lawyer guilty of criminal contempt for writing will for dead man. Ill Sup Ct affirmed: no constitutional right to jury trial even when criminal contempt charge results in 2-yr sentence; prosecutor's comment on Def's failure to testify even if improper was not prejudicial. Apr 17, 1967: USSC granted cert.

Anthony Bradley Eben, Esq, 6 E Scott, and Herbert F Friedman, Esq, 1755 E 55th, both of Chicago.
43. Of Other Agencies
(see also 270s, 330s)
50. Criminal Sanctions
Articles: Joseph F Costanzo, Jr, Public protest and civil disobedience. 13 Loyola 21-56.

George Edwards, Order and civil liberties: complex role for police. 64 Michigan 47.

Lewis F Powell, Jr, A lawyer looks at civil disobedience. 23 William and Mary 205-231.

Comment: Contemporary civil disobedience. 41 Indiana 477-505.

51. Against Disorderly Conduct and Similar Offenses (and 16, 55)
And see Hanover Equities, 533.Ill.5.
51.Ala.3. Alabama v 200 Defs (Dallas Co Cir Ct, Ct of App) Sept-Oct 1963: 200 persons (adult and juvenile) arrested during voter registration demonstrations: (1) parading without a permit, (2) unlawful assembly. 15 Defs convicted of (1), appealed; had new trial; convicted; appealed; 2 affirmed. 5 Defs convicted of (2): 180 days, &100 fine, &1000 peace bond. Other trials and appeal pending.

Peter Hall, Esq, 1630 4th Ave N, Birmingham; NAACP Legal Def & Educ Fund, 10 Columbus Circle, NYC.
51.Ala.5. Alabama v Boone (Marengo County) (SD Ala) Arrests made following demonstrations; action removed to federal court. Je 4, 1965: motion to remand heard. Sept 16: motion to dismiss filed. Remand. granted.

Oscar Adams, Esq, 1630 4th Ave N, Birmingham.
51.Ala.6. Alabama v Days (Greensboro) (SD Ala) Jy 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. Remand granted. Pending.

Oscar Adams, Esq, 1630 4th Ave N, Birmingham.
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 304, 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. Appeal to CA 5 dismissed.

David H Hood, Esq, 2111 5th Ave N, Bessemer, Ala.
51.Ala.9. Tuscaloosa v Crawford (Tuscaloosa Muni Ct) Apr 1, 1967: Def-Caucasian, professor at Stillman College, gave integrated party; arrested: disorderly conduct, running disorderly house. City Solicitor moved to dismiss; Ct denied motion: "The country won't be safe to live in if you let (these people) take over." May 1: trial. Je 21: Ct announced it would postpone decision until Def and family move to new neighborhood "out of (their neighbors') reach." "No law passed by the state or the United States is more powerful than a custom (segregation) 100 years old."
51.Ala.10. Wright v Montgomery (MD Ala, #2480-N) (245 FSupp 17, 335 F2d 930, 384 US 1009) Mar 1965: 167 students arrested during Selma-Montgomery march: disorderly conduct, loitering, disobedience. Muni Ct prosecutions removed to DC, remanded. Feb 17, 1966: CA 5 affirmed remand. Je 20: USSC denied cert. Trials set again in Muni Ct; fed'l action to enjoin state action brought in DC. DC refused temporary relief; CA reversed, sent case to DC for decision on merits. Mar 25, 1968: DC held for Defs. Appeal to CA pending.

Morton Stavis, Benjamin Smith, Esq, Law Center for Constitutional Rights, 116 Market St, Newark 07102.
51.Calif.5. California v Huss, Krause, McLaughlin, Holstein, Reeves (Los Angeles) (Calif Sup Ct) 1963: Defs-Nazis arrested: creating disturbance at "Salute to Israel" rally. Nov 11: All Defs convicted of conspiracy to incite riot; 4 of felonious assault. Jan 2, 1964: Sentences: 1-10 yrs down to 10 mths. ACLU amicus brief alleges instruction violated First Amdt by permitting jury to convict if altercation began because persons entering auditorium were angered
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by picket signs. 1966: Ct of App reversed conspiracy convictions. Petition for h'g in Sup Ct pending.

A L Wirin, Esq, 323 W Fifth St, Los Angeles, for ACLU.
51.Calif.7. Carmiencke v Muni Ct, Santa Monica (2d Dist Ct of App, #2 Civ 28779) Aug 1964: Def arrested while wearing topless bathing suit on public beach: outraging public decency (Pen C §415), disturbing the peace (Pen C §650½). Oct: Def sought writ of prohibition in Sup Ct alleging denial of due process on grounds of vagueness, infringement of First Amdt, Sup Ct transferred to Dist Ct of App. Pending.

Ronald E Landers, Esq, 400 S Beverly Dr, Beverly Hills. Amicus: ACLU of S Calif, 323 W 5th, Los Angeles 90013.
51.Calif.12. California v Weger (Pasadena) (USSC) 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. App Dept affirmed. Je 5, 1967: Ct of App reversed: failure to identify oneself "anarchistic and hostile to all law." Jan 14, 1968: USSC denied cert.

Allen I Neiman, Esq, 849 So Broadway, Los Angeles.

And see cases at 57.
51.Calif.13. California v Atkins (Los Angeles Super Ct) 1967: Def arrested: violation of Yorty anti-riot act (Pen C §§404.6, 448a, 451a, 452, 454—455). Def challenges constitutionality of statute: (1) vagueness; (2) denial of equal protection: law exempts labor unions and union members from coverage. Pending.

ACLU, 323 W Fifth St, Los Angeles 90013.

And see Davis, 51.Calif.14.
51.Calif.14. California v Davis (Los Angeles Muni Ct) Sept 28, 1966: Def-Negro present at disturbance at dance at youth center; arrested: disturbing peace, violating 1967 Yorty anti-riot law. Def convicted: intending to cause riot by engaging in conduct which urged riot or urged others to riot "at a time and place and under circumstances which produce a clear and present danger of acts of force or violence ..." Def appealed: statute infringes rights of speech and assembly; is vague, arbitrary and capricious in application. Pending.

Theodore A McCabe, Esq, ACLU, 120 El Camino Dr, Beverly Hills.

And see Atkins, 51.Calif.13.
51.Calif.15. San Francisco v Simpson (Muni Ct) June 1967: Def, hippie, arrested twice: public nuisance (blocking traffic); Def said 1 arrest made while he was handing out leaflets urging tolerance of hippies. July: trial: hung jury. Def then pleaded guilty to violation of San Francisco Traffic Code §15 (failure to obey lawful order of policeman): probation.

Simpson in propria persona.
51.Calif.16. California v 5 Puppeteers (San Francisco Muni Ct) Oct 30, 1966: Defs presented puppet show, part of which satirized police, on Haight St; arrested: violation of Calif Pen Code §370: creating public nuisance. Nov 28: Dismissed on motion of DA: vagueness of statute.

Richard Wertheimer, Paul Halvonik, Esqs, 503 Market St, San Francisco, for ACLU.
51.Conn.3. Turner v LaBelle (DC Conn) (251 FS 443) 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: DC Conn 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.DC.3. District of Columbia v Reed (DC Ct of Gen Sess Cr # DC 2021-67) May 11, 1967: Ct held conviction for loud and boisterous talking requires presence of 3 or more persons acting in concert for unlawful purpose.
51.DC.4. Williams v Dist of Columbia (CA DC #20,927) (227 A2d 60, 1967) Nov 6, 1965: Def-laundromat manager one of 5 persons standing on "busy" sidewalk in front of laundromat. Police ordered group to move on. Def stayed, said "no God damn policeman," "no son of a bitch" could make him move; Def moved 3—4 feet, said "I dare you to lock my God damn ass up." Def arrested: disorderly conduct (DC Code §22-1107), failure to move on. At trial, Ct dismissed failure to move on, citing Shuttlesworth, 55.Ala.4c, found Def guilty of using profane, indecent, obscene words, suspended sentence. Def appealed to Dist of Columbia Ct of Apps, moved to proceed in forma pauperis; granted, for trial transcript at gov't expense, denied. After Tate v US (369 F2d 245, 1966) Def again moved for transcript; denied. Mar 7, 1967: conviction affirmed. Def appealed to CA DC, sought leave to proceed in forma pauperis; granted. Def moved for summary reversal. Aug 4, 1967:
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denied. Def argues: (1) no breach of peace threatened, unlawful police order was provocative; (2) since physical resistance to unlawful arrest is legal, verbal protest must be lawful; (3) no obscenity test met, statute unconstitutionally vague on its face; (4) denial of trial transcript improper; (5) prosecution incorrectly brought by Corp Counsel in name of Dist of Columbia, not by US Atty in name of US. Oral argument pending.

Ralph J Temple, Esq, Nat'l Capital Area Civil Liberties Defense & Education Fund, Suite 501, 1424 16th St NW, Washington, DC 20036; John E Vanderstar, Esq, 701 Union Trust Bldg, Washington, DC 20005.
51.Fla.3. Florida v Marks (Pompano Beach Muni Ct, #D1250) 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 convicted: assault and battery: &15 fine, &5 court costs. Appeal 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. All charges dismissed on nolle prosequi.

Stedman Stahl, Esq, 200 SE 6th St, Alcee Hastings, Esq, 303 SE 17th, Ft Lauderdale.
51.Ga.8. Atlanta v 72 Demonstrators (Atlanta Muni Ct) Sept 6, 1966: White policeman shot and wounded a 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 (ND Ga) (267 FSupp 985) After events in 51.Ga.8, Pls, leaders of SNCC, arrested: disorderly conduct, insurrection, riot (Code of Ga 26-901, -903, -904, -5301, -5302; see 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, 245.16d). 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.Ga.9. Atlanta v Ricks (Fulton Co Grand Jury) Jy 3, 1967: Negro patron of store became angry when told restroom "closed for repairs"; police summoned, patron arrested. Crowd gathered. Def-SNCC member arrived, greeted with "black power" cheers, arrested. Scuffle followed; windows broken, 4 arrested. Jy 5: Super Ct judge charged grand jury to investigate, decide on indictments for incitement. Hearing on Def-Ricks, 2 others, on incitement to riot, disorderly conduct charges postponed to Aug 17. Pending.
51.Haw.2. Hawaii v Butler, Sarant (Hawaii Sup Ct #4663, 1st Cir Ct #37105.6) Oct 17, 1966: Defs carried hanged effigy at Pres Johnson's speech, arrested: disorderly conduct (Rev L Haw §314-2(a)). Feb 10, 1967: Defs moved to dismiss on constitutional grounds; denied. Defs moved for bill of particulars; granted. Mar 28: Jury trial. Apr 4: found guilty. Apr 21: Butler fined &500, Sarant &200. Nov 6: Appeal to Sup Ct filed. Issues: (1) vagueness of statute, (2) evidence entered beyond scope of bill of particulars, (3) police may not prevent protest because others angered. Pending.

James A King, Esq, 63 Merchant St, Honolulu.
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, 166 W Washington, Chicago, Ill.
51.Ill.12. Chicago v Grady (Cir Ct Cook Co) Def ticketed for traffic violation, allegedly beaten by arresting officer; charges: disorderly conduct, resisting arrest. Trial Je 20, 1967. Pending.

Burt Weinstein, Esq, 188 W Randolph, Chicago, for ACLU.
51.Ill.13. Chicago v Chelmowski (City Crim Ct) Oct 1966: Rumors circulated in high school that Negroes had raped white student in washroom. Kiwanis club offered &1000 for substantiation, Chamber of Commerce blamed American Nazis for circulating rumor. Oct 31: Defs-5 American Nazis distributed literature, picketed school; arrested: disorderly conduct. Pending.
51.Ill.14. Chicago v 30 Defs (City Crim Ct) May 21, 1967: Memorial service for Malcolm X. White persons allegedly crashed service, were asked to leave, then ejected. Police allegedly entered, harrassed meeting. Angry crowd formed on street, dispersed by police. 3 officers, 7 others injured, 30 Defs arrested: disorderly conduct, resisting arrest, incitement to riot. Pending.
51.Iowa.1. Des Moines v 7 Defs (Des Moines Muni Ct) Jy 2, 1967: Rock-throwing disturbance after youth dance. Police, with help of local youth employed by antipoverty program, quelled disturbance. 7 arrested: disturbing the peace; released on own bond. Pending.
51.Minn.1. Minnesota v Johnson (Minn Sup Ct) Jy 1966: Minn Comm to End War in Vietnam held protest rally; 7 arrested: breach of peace; failure to display flag at public meeting (Minneapolis Code §872.040). Muni Ct dismissed flag charge; held flag ordinance unconstitutional; convicted
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4 Defs of breach of peace. Appeal pending challenging ordinances which "make it illegal to advocate, advise or teach pacifism, disregard of law, teaching crime or violence."

Stephen Schwarts, Esq, ACLU, Builders Exchange, Minneapolis 55402, for ACLU.
51.Miss.4. Guyot v Pierce; Strother v Thompson (Jackson) (CA 5) 372 F2d 654, 658, 1967) Je 1-18, 1965: Nearly 1000 civil rights workers arrested: failing to get permits to parade, distribute handbills. Je 19: Pls sued in DC for injunction against enforcing ordinances. CA 5, treating DC's delay as denial, granted pending appeal of DC order when entered. Aug 9: CA, treating matter as mandamus, ordered DC to make return, continued injunction. Aug 24: DC denied preliminary injunction. Pls appealed. Feb 14, 1967: CA held parade ordinance void for vagueness; handbill ordinance violative of First and 14th Amdts: no standards for issuance or denial of permit.

Prof John R Honnold, Univ of Pa Law School, Philadelphia; Marian Wright, Esq, 538½ N Farish, Jackson; Melvin Zarr, NAACP Inc Fund.
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. Jan 9, 1967: USSC denied cert (385 US 1011), Warren, CJ, Douglas, Brennan, JJ, diss.

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.

And see cases at 512.
51.Miss.9. Mississippi v Guyot (Jackson Cir Ct) May 12, 1967: Negro killed near Jackson State College. Protest boycott of white-owned stores. Def, chairman of MFDP, urged Negro shoppers not to enter white-owned stores; arrested: disturbing peace, interfering with business. Pending.
51.Mo.2. Kansas City v Bethel (Kansas City Muni Ct) Jy 10, 1967: 4 vice squad officers arrested 3 Negroes in park: bootlegging. Crowd gathered, officers called for reinforcements; rock throwing began, police used tear gas. Crowd quieted; persons including Def Bethel (minister, CORE member) talked to officers. 11 persons arrested: disorderly conduct, breach of peace by lewd and offensive language. Muni Ct convicted: &50 fines, 1 Def fined additional &25 for damaging police car. 3 Defs appealed. Pending.
51.NJ.5. Perth Amboy v 8 Puerto Ricans (Muni Ct) Jy 22, 1966: City passed ordinance prohibiting loitering. Jy 31: youth arrested: loitering. 200 persons gathered at intersection to protest, dispersed when youth released on &50 bail. Aug 1: 600 persons rioted; 7 police, 2 others injured, 8 arrested: being disorderly persons. Spokesman asserted loitering ordinance conflicts with Latin-American custom of gathering in marketplace to meet friends. Pending.

See also 5th Ave Vietnam Peace Parade Comm, 25.25.
51.NY.14. Callender v New York (USSC) (386 US 779) July 15, 1964: Def, CORE chairman, with CORE-member undercover police agent, attempted to make citizen's arrest of NYC Mayor Wagner for misappropriation of public funds by expenditures on construction projects that discriminate against Negroes in employment, despite city and state FEP laws. Arrested: disorderly conduct. Nov 25: convicted; 60 days. App Div affirmed. Ct of App affirmed. May 8: USSC dismissed appeal for want of jurisdiction.

Richard Miller, Allan H Levine, Nanette Dembitz, Esqs, 60 E 42nd St, 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 assault, resisting arrest. Sept 9: acquitted.
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.22. New York v Forman, Lewis (NYC Crim Ct) Mar 21, 1965: 5 Defs held sit-in at South African consul general's office, arrested: intrusion on private property, disorderly conduct; &50 bail each. Charges later dropped with Ct's consent.

Martin Berger, Esq, 377 Broadway, NYC.
51.NY.25. New York v Nelson (App Term, 2d Dept, #N 1714/65) Def argued verbally with policeman; arrested: disorderly conduct (NY Pen C §722(2)) NY Crim Ct: Def convicted. App Term affirmed.

Robert I Fisher, Esq, 40 Wall St; Henry M diSuvero, Esq, NYCLU, 156 Fifth Ave, both of NYC.
51.NY.27. New York v Koppersmith (NYC) (App Term, 2d Dept, #B8867) Mar, 1966: Def attempted to hold press conference on sidewalk with school children as school being dismissed; arrested: violation of Pen Law, §722(2), disorderly conduct. Def convicted. Argument on appeal: no showing of abusive or threatening language or intent to breach peace; statute used to limit protected speech. App Term affirmed.

Henry M diSuvero, NYCLU, Allan R Tessler, Esqs, 50 Wall St, NYC.
51.NY.31. New York v Scott, Steine (Suffern Co Ct) Jy 4, 1966: Defs, members of CORE, lay down in road to halt firemen's parade in protest of fact that volunteer fire company is virtually all-white; convicted of disorderly conduct; appeal 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 assult. Charge reduced to assault 3rd degree, violation of §1851 Pen Law (resisting arrest). Jan 27, 1967: acquitted.

John L Edwards, Esq, 160 Broadway, NYC.
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51.NY.32a. New York v Gray, Vaughan (NYC Muni Ct, # #C9936/66, C9937/66, B6204/66) Je 23, 1966: Defs took part in rent control demonstration; arrested. Jan 27, 1967: Gray acquitted of resisting arrest; both convicted of disorderly conduct: &50 or 10 days. Fines paid.

John L Edwards, Esq, 160 Broadway, NYC.
51.NY.35. New York v 64 Defs (Queens Crim Ct) Oct 7, 1964: Demonstrators protested Bd of Educ proposal to bus white children from school; arrested: disorderly conduct. Dec 3: Crim Ct dismissed: lack of jurisdiction. State appealed. Sept 30, 1966: App Term reversed. Complainant school official withdrew charges. Dismissed.

Bernard Kessler, Esq, 277 Broadway, NYC.
51.NY.36. New York v 38 Hippies (NY Crim Ct) May 30, 1967: Defs gathered in Tompkins Square Park to play music, sing. Police told Defs to desist or leave park; fighting followed; Defs arrested: disorderly conduct, felonious assault, resisting arrest, violation of Park Dept regulations. Je 30: Ct dismissed charges; held arresting officers did not have reasonable grounds to believe a crime was being committed.

Ernest Rosenberger, Esq, 56 Pine St, NYC.
51.NY.37. New York v Shapiro (NYC Crim Ct, # #C 18278-66 to 18331-66) Dec 15, 1966: 61 Defs picketed and sang beyond police barricades in front of Army induction center; arrested: disorderly conduct (§722(2) (3)). Feb 7, 1967: most Defs pleaded guilty: 60 days suspended. Mar 14: 6 Defs tried; convicted: &50 or 5 days; 2 also convicted of resisting arrest: 10 days and &200. Apr 4: 3 Defs convicted: 30 days suspended.

Jonathan R Goldberg, Esq, 401 Broadway, NYC.
51.NY.38. New York v Antonetty (NYC) (Crim Ct) Dec 20, 1966: Parents, civil rights workers took over Bd of Educ meeting hall, set up own "school bd" preventing regular bd from resuming public h'g on budget. Sit-ins occupied hall for 3 days; police then evicted, arrested 12 demonstrators: interfering with lawful meeting, disorderly conduct, interfering with public officer, intruding on real property.
51.NY.39. New York v Yost (Crim Ct, NYC) Jan 22, 1967: Defs-23 demonstrators displayed posters (Thou Shalt Not Kill—Vietnam) during mass at St Patrick's Cathedral, walked silently up aisle, arrested: unlawful intrusion on private property, unlawful assembly, disturbing religious meeting, public nuisance, disorderly conduct. Mar 23: Preliminary hearing: Defs laughed at DA objection; Ct warned Defs of contempt. Defense: This was proper exercise of free speech right; church immunity from political discussion lost when Cardinal Spellman discussed war in Vietnam visit. Sept 25: trial. Pending.

Victor Rabinowitz, Esq, 30 E 42nd St; Harold Rothwax, Esq, 320 E 3 St, both of NYC.
51.NY.40. Sprowal v New York (USSC) (385 US 649) Appt distributed non-commerical leaflets to students on public street near school without permission of school officials: arrested: loitering in or about school bldgs without permission; convicted. 1966: NY Ct of App held NY statute not vague, nor prior restraint of First Amdt rights. Jan 23, 1967: USSC dismissed for want of fedl question.
51.Pa.2. Philadelphia v Dortort (Pa Sup Ct) Sept 20, 1963: Defs conducted sit-in at city office, protesting policy on relocating residents of substandard housing. After 5 pm Defs refused to leave, arrested. Oct 1963: Magistrate convicted Defs of disorderly conduct (18 P.S. 4406); breach of peace charges dismissed. Appeal: (1) construction of statute requires finding Defs disturbed resident of locality, annoyed member of traveling public, or disturbed peace; (2) conviction infringes First Amdt freedoms, as defined in Edwards, 372 US 229, and Terminello, 337 US 1. On appeal and retrial in Quarter Sess Defs acquitted of disorderly conduct. Defs again charged: unauthorized use of city facility, breach of peace. Defs filed 28 USC §1443 removal petitions; DC remanded, denied injunction against prosecutions. Defs found guilty of unauthorized use of city facility (resulting in civil, not criminal, judgment); breach of peace charge dismissed. Mar 19, 1965: Super Ct affirmed: case not reviewable on merit; no denial of due process in imposing penalty for violation of ordinance when Defs acquitted on common law charge arising out of identical act, or in using criminal procedure to reach civil judgment. Petition for cert pending before Pa Sup Ct.

William Lee Akers, Esq, Suite 805, One East Penn Sq Bldg, Harry Lore, Esq, 135 S 19th St, both of Philadelphia.
51.Pa.4. Philadelphia v Branche, Brower (Philadelphia) (City Ct) Aug 26, 1967: 2 members of group called Young Militants addressed 200 people at rally. Aug 27: arrested: breach of peace, inciting to riot, disorderly conduct, conspiracy: &1000 and &500 bail. Pending.
51.Tenn.7. Tennessee v Dewart (Nashville) Mar 15, 1967: 3 Defs, 40 other anti-war demonstrators picketed Pres Johnson at State capitol. Defs halted, sat in front of Presidential limousine; arrested: disorderly conduct. Defs released on bond after alleged "manhandling, slapping." Mar 16: DA dropped charges, purportedly "not to make martyrs out of (Defs)."
51.Va.7. US v Williams, Mathie (ED Va, Alexandria) Defs, pacifists, demonstrated at Pentagon. May 9, 1967: arrested: disorderly conduct, disturbing peace. Defs waived right to trial in DC, tried by US Commr; convicted: 30 days suspended, 6 mos probation.
52. Against Obscenity (see 12, 14, 22, 303, 580)
Note: Due to the very large number of cases in this category, only US Supreme Court opinions are reported.

Testimony: Am Library Assn before Select Subcom on Education, House Comm on Education and Labor; HR 2525, Obscenity and Pornography Commn bill. Newsletter on Intellectual Freedom Jy, 1967.


52.85. Chance v California (USSC) (88 SCt 253) 1966: Def arrested: selling obscene pictures. Super Ct convicted, refused to certify to higher state ct. Nov 6, 1967: USSC per curiam (8—1) granted in forma pauperis petition for cert; reversed, citing Redrup, 52.92. Harlan, J, diss.
52.86. Austin v Kentucky

and
52.91. Gent v Arkansas

and
52.92. Redrup v New York (USSC) (386 US 767) 2 Defs sold books, magazines to police, residents; DA in 52.91 brought civil suit to enjoin distribution of issues of 8 magazines. 2 Defs convicted; injunction granted. Je 12, 1967: USSC
- 17 -

(7—2) reversed, per curiam: distribution of these publications is protected by First, 14th Amdts from governmental suppression, whether criminal or civil, in personam or in rem; JJ differ on reasoning behind decision. Harlan, J, (Clark, J), diss.

Stanley Fleishman and Sam Rosenwein, Esqs, 1680 N Vine, Hollywood; Emanuel Redfield, Esq, 60 Wall Street, NYC.
52.94. Rosenbloom v Virginia (USSC) (388 US 450) 1964: Def-seller arrested: §18.1-228 Code of Va 1950 (obscenity); convicted: &200 reduced to &25 on appeal. Je 12, 1967: USSC (8—1) granted cert, reversed, citing Sunshine Book Co, 355 US 372. Harlan, J, diss.

Seymour Horwitz, Esq, Central National Bank Building, Richmond; Melvin L Wulf, Esq, ACLU, 156 Fifth Ave, NYC.
52.95. Aday v US (Mich) (sub nom US v W Coast News Co, 30 FRD 13, 216 FSupp 911, 228 FSupp 171, 357 F2d 855, rev'd 388 US 447) Def convicted of mailing copies of "Sex Life of a Cop" into Mich, under fed'l obscenity act providing multiple choice of venue; CA 6 affirmed. Je 12, 1967: USSC granted cert; per curiam reversed (8—1), citing Redrup, 52.92, 386 US 767. Warren, CJ, (Brennan, J), would remand in light of A Book Named . . ., 383 US 413, Harlan, J, conc, citing his opinions in Roth, 354 US 476, Manual Enterprises, 370 US 478. Clark, J, diss.

Stanley Fleishman, Esq, 1680 N Vine, Hollywood.

Amicus for ACLU by Rolland R O'Hare, Esq, 3610 Cadillac Tower, Erwin B Ellmann, Esq, 1800 Penobscot Bldg, both of Detroit; Melvin L Wulf, Esq, 156 Fifth Ave, NYC.
52.96. Corinth Publications v Wesberry (USSC) (146 SE2d 764, 388 US 448) Civil action for declaratory judgment that book, "Sin Whisper" obscene; no jury; trial; judgment for Pl. Je 12, 1967: USSC, per curiam (6—2—1) granted cert and reversed. Warren, CJ, would set for oral argument. Clark, J, diss. Harlan, J, diss.

Stanley Fleishmann, Esq, 1680 N Vine, Hollywood.
52.97. Fort v Miami (USSC) (195 So2d 53, cd 88 SCt 231) 1965: Def-artist created 6 fiberglass statues, displayed in backyard for sale. 2 policemen confiscated statues, arrested: c.61-7, Laws 1961: Fla Stat §847.011(1)(a) (possession of of obscene statues for sale); convicted; affirmed. Oct 23, 1967: USSC (6—3) denied cert. Stewart, J, (Black, Douglas, JJ), diss: Def convicted under ordinance based on Fla statute containing unconstitutional definition of obscenity from Roth, 354 US 476, rather than test in A Book Named . . ., 383 US 413.
52.98. Central Magazine Sales v US (USSC) (sub nom US v 392 Copies . . ., 373 F2d 633, rev'd 88 SCt 235) Pet imported Danish nude magazines; Customs seized magazines (19 USC §1305), CA 4 upheld seizures. Oct 23, 1967: USSC (6—2) granted cert and reversed, citing Redrup, 52.92. Warren, CJ, diss. (Marshall, J, took no part.)
53. Against Defamation (see also 61)
Note: Conviction for dissemination of derogatory literature is unconstitutional invasion of First Amdt freedoms: Cincinnati v Black (220 NE2d 821, 1966). 18 Syracuse 634—637.
53.8. Ashton v Kentucky (USSC) Facts: XII DOCKET 10.

Case note: 19 Florida 307-310.
53.11. Illinois v Thomas (Franklin Co Cir Ct, #55 CR 80, 86). Def criticized judge's handling of tort action by posting placards on Def's car; charge: criminal libel (38 Ill Rev Stats 27-1,2). Feb 6, 1967: Trial; hung jury; no motion by Pl for retrial.

David C Long, Esq, 19 S La Salle; Barton Joseph, Esq, 134 N La Salle; both of Chicago.
54. Against Sedition, Anarchy, Syndicalism
(see also 63, 241-44, 429)

Book: SNCC writers and photographers, Perspective on the Atlanta rebellion. &.50. SNCC, 360 Nelson St SW, Atlanta, Ga 30313.

Proposed Legislation: Prohibits flag desecration. Cong Rec—House, Sen. Ap 17, 1967, H 4197; Apr 18, 1967, H 4290; Apr 25, 1967, S 5806; Apr 26, 1967, H 4697; May 4, 1967, H 5098, 5104; May 4, 1967, H 5096; May 11, 1967, H 5382; Je 20, 1967, H 7489.

Proposed Resolution: H Con Res 450, Stokely Carmichael should be prosecuted for sedition. Cong Rec—House. Aug 3, 1967, H 9940.

Speech: William E Minshall, Charge Carmichael with treason. Cong Rec—House. Jy 31, 1967, H 9600.

Letter: John J Williams, to Atty Genl, listing USC sections presently applicable against interstate agitators. Cong Rec—Sen. Aug 9, 1967, S 11203.

Analysis: Thomas I Emerson, HR 421, Anti-riot bill. N Calif Comm To Abolish HUAC, PO Box 77221, San Francisco 94107.


54.9. New York v Epton (USSC) (252 NYS2d 388) Jy 18, 1964: Negro-Def, Progressive Labor leader, made speech in Harlem about police killing of Negro youth; later a riot occurred. Aug 5: Grand jury indicted Def (Pen L §161): conspiracy to advocate criminal anarchy, criminal anarchy, conspiracy to riot; first such indictment in NY since Gitlow in 1919 (268 US 652, 1925); Def released on &10,000 bond. Dec 20, 1965: Def convicted. Jan 27, 1966: Def sentenced: 1 yr on each charge, running concurrently. Mar 15: Def released on &25,000 bail pending appeal on petition for habeas corpus. Dec 8, 1966: App Div affirmed conviction without opinion. May 16, 1967: Ct of App affirmed. Petition for cert pending in USSC.

Eleanor Jackson Piel, Esq, 36 West 44th St, NYC 10036.

And see Anderson, 24.49; Gilligan, 304.61; McAdoo, 333.20.
54.12. US v Bowe, Collier, Sayyed (CA 2) (cd 385 US 401, 1966) Jan 1965: Four Defs and undercover police agent allegedly planned to deface national monuments, including Statue of Liberty and Washington Monument, by use of explosives. Spring 1965: One Def pleaded guilty; others convicted. Appeal to CA 2; issues: entrapment; racial prejudice in jury selection, racial hostility in trial. Apr 30, 1966: CA affirmed convictions, rejected Defs' argument that prejudicial news articles prevented fair trial; held "time and careful questioning of prospective jurors" could assure fair trial; while news reports were prejudicial because they contained derogatory facts that could not properly have been admitted into evidence, they were not so "outrageously inflammatory" as to warrant reversal; said it made no difference that such facts were given to press by FBI and US Atty's office. Nov 21: USSC denied cert.

Len Holt, Esq, 250 Nicholson NE, Washington, DC; Mark Lane, Esq, 415 Lexington Ave, NYC.
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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.
54.15. Georgia v Wilson, Simmons (Atlanta) (Rec Ct) Aug 18, 1966: Negro SNCC members demonstrated at induction center; 12 arrested: disorderly conduct, disturbing the peace, resisting arrest; 4 charged with assault on police; 1 with insurrection. Aug 19: 12 Defs tried on lesser charges; convicted: 3 mths. Defs appealed; Ct rejected bond. Oct 20: Defs released on bond. Feb 1-2, 1967: Def Wilson tried for assault; convicted: 3 yrs. Insurrection charge dropped after state statute again held unconstitutional.

Howard Moore, Jr, Esq, 859½ Hunter St NW, Atlanta 30314.

For federal charges against same Defs, see Schutz, 125.26.

And see Carmichael v Allen, 51.Ga.8a.
54.16. Selma v Carmichael, House, Taylor (4th Jud Cir) Nov 5, 1966: 3 SNCC members arrested at voting rally; inciting to riot, resisting arrest. Defs removed to DC. Nov 7: DC remanded. (See Carmichael at p 35.) Nov 22-29: Recorder's Ct convicted Taylor: blocking traffic, resisting arrest; fined &77; convicted Carmichael and House: inciting to riot; &100, 60 days hard labor.

And see Carmichael, 54.16a.
54.16a. Carmichael, Dallas Co Independent Free Voter Organization, et al v Selma, Judges, City Prosecutor, et al (SD Ala, N Div, #4335-66) Apr 1967: 3-judge fedl ct heard arguments in Pets' suit to have riot statute declared unconstitutional because of vagueness and its chilling effect on speech. May 18: DC stayed appeal of convictions in state ct pending its disposition of constitutional attack on statute. Pending.
54.17. City of Prattville, Ala v Carmichael (Augusta Co Ct) Je 12, 1967: Def, while speaking to Negro group, approached by police; after shouting match Def arrested: disorderly conduct. Later, shots exchanged between police and Negroes, 3 officers wounded, 10 Negroes arrested; inciting to riot. Def-Carmichael refused bail until 10 Defs could make bond. Pending.

And see Houser v Hill, 304.Ala.9.
54.19. Kentucky v McSurely (Sup Ct Pikeville Cty) Aug 11, 1967: Defs-poverty workers arrested in homes, Sedition (Ky Rev Stats 432.040). Sept 11: Grand Jury indicted Defs and Def-Braden, Southern Conference Educational Fund Executive Director, and Def-Mrs Braden. Sept 14: 3-judge fedl ct (2-1) enjoined Pl from prosecuting, declared Act unconstitutional in McSurely, 580.19.

Dan Jack Combs, Esq, 207 Carolina Ave, Pikeville, Ky; Morton Stavis, Esq, 744 Broad, Neward, NJ; Arthur Kinoy, Esq, 511 Fifth Ave, NYC.

And see Key List Mailing, Jy 9, 1967; SNCC, 449 14th St, San Francisco 94103.
54.20. Rap Brown v Clark (ED La) Aug 20, 1967: Negro citizens invited Pl-SNCC chairman to speak in Baton Rouge. Aug 22: Def-US Atty Genl obtained indictment against Pl from Fed'l grand jury: interstate firearm transportation by person under indictment (15 USC §902(e)). Aug 20: Def-Gov threatened to arrest Pl under La RS 14:113 (treason), RS 14:115 (criminal anarchy). Sept: Pl filed complaint against fedl, state officials for 3-judge ct to determine unconstitutionality of statutes, and for injunction restraining fed'l and state enforcement of fed'l and state statutes, other intimidation; declaratory judgment of statutes' unconstitutionality. Pending.

Murphy Bell, Esq, 214 East Blvd, Baton Rouge; William Kunstler, Arthur Kinoy, Esqs, 511 Fifth Ave, NYC; Morton Stavis, Esq, 744 Broad St, Newark 07102; Howard Moore, Jr, Esq, 859½ Hunter St NW, Atlanta; Harriet Van Tassel, Dennis J Roberts, Esqs, 116 Market St, Newark 07102.
54.21. Maryland v Brown (Cambridge) (Co Ct) Jy 24, 1967: Def-SNCC leader made speech in Cambridge, followed by riots and arson. Warrant issued: inciting riot, arson. Jy 27: Def arrested in Virginia under fedl warrant: unlawful flight to avoid prosecution; released; arrested under state fugitive warrant. Pending.

William M Kunstler, Esq, 511 Fifth Ave, NYC.

Also see Brown v Fogel, 403.17.

See statement of Rap Brown, Key List Mailing, Jy 9, 1967; SNCC, 449 14th St, San Francisco 94103.
54.22. Ware v Nichols (MD Miss, #GC 6511) (256 FSupp 562) Negro Pets were arrested: violating Miss criminal syndicalism statutes. Pets filed fedl complaint to enjoin prosecution. 3-judge fedl ct convened. Resps moved to dismiss, Pets moved for summary judgment. Mar 29, 1967: 3-judge ct declared state statute unconstitutional.

Carsie Hall, Jack Young, Esqs, 115½ N Farish; R Jess Brown, Esq, 5161 Gault; all of Jackson 39201; Charles S Ralston, Melvyn Zarr, Esqs, NAACP Inc Fund.
54.23. New York v Stanford (Sup Ct, Queens) Je 21, 1967: 16 (Revolutionary Action Movement) arrested: 2 for conspiracy to murder Roy Wilkins, Whitney Young, others; 14 for conspiracy to advocate anarchy. 5 released on bail. 4 Defs, Bd of Education employees, suspended. Je 23: Arraignment. Def's motion to reduce bail (&2500 to &40,000) denied. Def's motion to instruct Pl to refrain from public statements granted. Jy 19: Defs moved to dismiss anarchy indictments. Aug 10: hearing on motion to dismiss postponed. Def-Stanford extradited from Pennsylvania, arraigned for conspiracy to murder, pleaded not guilty. Pending.

George R Spitz, Esq, 401 Broadway, NYC; Jean Condon, Esq, 8 Warren Pl, Brooklyn 11201; Paul, Weiss, Rifkind and Garrison, 575 Madison Ave, NYC 10022; Paul O' Dwyer, Esq, 350 Central Park, NYC.
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54.24. Ohio v Brown (Dayton) (Muni Ct) Je 15, 1967: Def-SNCC chairman made speech in Dayton, followed by racial disturbances. Aug 8: charges filed against Def: advocational criminal syndicalism. Pending.
54.25. Tennessee v George Ware (Nashville) (Davidson Co Grand Jury) (DC Tenn) Def-SNCC leader stated "Black people have to achieve power by any means necessary"; came to teach at Nashville's Liberation School. Tenn Rep asked Sessions Ct to issue warrant for Def's arrest. Aug 22, 1967: Def arrested: sedition, &10,000 bail. Aug 24: State Dept revoked Def's passport for trip to Cuba: violation of restrictions imposed by US. Aug 28: Def filed for writ of habeas corpus in DC to prevent Tenn prosecution. Aug 30: Grand jury refused to indict Def because he had not advocated any specific, overt act.

Reber Boult, Jr, Esq, American Trust Bldg, Nashville.
54.26. Tennessee v Ware, Stephens (Nashville) (Cir Ct) Apr 6-8, 1967: Stokely Carmichael spoke at symposium at Vanderbilt Univ. Negro ejected from Negro-owned restaurant at owner's request; rioting. Defs arrested: inciting to riot; &2500 bond. Pending.
54.26a. SNCC v Tennessee (MD Tenn) Facts as in Ware, 54.26. City officials blamed rioting on Carmichael. Pl sued, denying Carmichael responsible, asking state inciting to riot statute be declared void. Pending.
54.27. Texas v Franklin (176th Dist Ct, Harris Co, ##126330-126332) May 16-17, 1967: Riot at Texas Southern Univ (Negro); police fired 2000 rounds, then stormed dormitory. One officer shot dead, 2 wounded. 488 students arrested, released within 24 hrs; 5 students charged with felony riot, 2 released, &10,000 bond. June 2: grand jury indicted 5 Defs: murder, assault to murder (under Tex doctrine that persons committing felony by mistake during commission of another felony guilty of both). At least one Def in jail at time of shooting. Nov 27: Trial scheduled.

And see Wright, 24.84.

And see Key List Mailing, Jy 6, 1967, SNCC, 449 14th St, San Francisco 94103.
54.28. Brooks v Briley (Nashville) (MD Tenn) (274 FSupp 538) Apr 9, 1967: Pls-SNCC leaders and other civil rights workers arrested: disorderly conduct, vagrancy, inciting to riot, carrying dangerous weapons, loitering, unlawful assembly. Pls brought class action to restrain enforcement of statutes, ordinances and common-law prohibition against inciting riots, moved for 3-judge fedl ct. 3-judge ct empanelled. Oct 9, 1967: ct held: (1) allegations of bad faith and scheme or plan to harrass Pls sufficient to raise fedl constitutional question and support jurisdiction; (2) action not properly maintainable as class action; (3) request for injunction denied: situation not such to require equitable remedy; defenses could be given in course of trial. Appeal pending.

I T Creswell, Jr, Esq, 623 Stahlman Bldg, Nashville 37201; Wm Kunstler, Arthur Kinoy, Esqs, 511 Fifth Ave, NYC 10017; Dennis Roberts, Harriet Van Tassel, Esqs, 116 Market St, Newark 07102; Howard Moore, Jr, Esq, 859½ Hunter St NW, Atlanta 30314; Morton Stavis, Esq, 744 Broad St, Newark 07102; Michael Standard, Esq, 30 E 42d St, NYC 10017; C B King, Esq, P O Box 1024, Albany, Ga 31702.
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.

Articles: Francis A Allen, Civil disobedience and legal order. 36 Cincinnati 175-195.

Ted Finman, Stewart Macaulay, Freedom to dissent: Vietnam protests and words of public officials. 1966 Wisconsin 632-723.

Peter B Work, Injunctive relief for economically-directed civil rights picketing. 38 Colorado 516-539.

Paul Encimer, Century Plaza demonstrations. WIN, 5 Beekman St, Rm 1033, NYC 10038. Jy 1967.

Book: ACLU of So Calif, Day of Protest, Night of Violence: The Century City Peace March. Sawyer Press, P O Box 46-653, Los Angeles 90046, 1967. &1.50.

Comment: Regulation of demonstrations. 80 Harvard 1773-1788.

CONGRESSIONAL COMMENTS ON PEACE MOVEMENT:

Article: George Nobbe, New Left: America's "Red Guard." Cong Rec—House. Ap 3, 1967, H 3424.

Leaflet: CNVA Boston-to-Pentagon march. Cong Rec—App. May 9, 1967, A 2289.

Speech: William G Bray, Anti-Vietnam week communist-controlled. Cong Rec—House. Apr 3, 1967, H 3473; Apr 12, 1967, H 4036.

Harry F Byrd, Communist mastermind Vietnam Day. Cong Rec—Sen. Apr 18, 1967, S 5384.

Joe D Waggonner, Articles show Dr King aids communists. Cong Rec—May 3, 1967, H 5040.

Edwin E Willis, Vietnam Week demonstrations. Cong Rec—House. May 8, 1967, H 5178.

O C Fisher, Dr King's draft evasion advocacy criminal. Cong Rec—App. May 9, 1967, A 2293.


55.Ala.8. Forman v Montgomery (Montgomery Muni Ct) (355 F2d 930, cd 384 US 1009) 1965: State troopers denied access to sidewalk at Capitol at finish of Selma-Montgomery freedom march. Marchers paraded in street until police ordered them to leave street, then sat down, went limp. 167 Negroes and whites (SNCC workers) arrested: disorderly conduct, disobeying orders, loitering. Defs removed to DC; City moved to remand; DC held h'g. Aug 3, 1965: DC held Pls did not prove official or quasi-official capacity required by 28 USC § 1443(2); no discrimination or deprivation of equal rights as required by 28 USC § 1443(1): remanded to Rec Ct. CA affirmed, USSC denied cert, citing Rachel, 58.Ga.14, 384 US 780. Nov 18, 1966: trial held: judge found guilty: &100 each and 30 days in jail, jail sentences suspended on good behavior.

William Kunstler, Arthur Kinoy, Esqs, 511 Fifth Avenue, NYC; Martin Berger, Esq, 377 Broadway, NYC; John Thorne, Esq, 510 N Third St, San Jose, Calif; Joseph Levin, Esq, 1225 Penobscot Bldg, Detroit; Charles Conley, Esq, 530 S Union St, Montgomery.
55.Ala.10. Jefferson Co Bd of Educ v SCLC (Birmingham) (ND Ala) Jan 14, 1966: 300 demonstrators, mostly students, blocked traffiic in downtown Birmingham as part of voter registration campaign. DC granted Pl's motion to enjoin Def from recruiting and leading students in demonstrations during school hours. Jan 18: Def appealed: allege fedl cts lack jurisdicition. Pending.
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55.Ala.12. Selma Bus Lines v King (SD Ala) Defs boycotted Pl-bus 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.Ala.13. Alabama v Hester, Lombard (Tuscaloosa) Mar 24, 1967: Defs participated in anti-war picket demonstration at affair honoring Secy of State Rusk. Went onto Univ of Ala property; arrested: violation of rule forbidding non-Univ people from demonstrationg on Univ property. Released on bond. Pending.
55.Ala.14. Alabama v Boone, Rudolph, Hunter (Montgomery) (Muni Ct) Defs led march to Governor's Mansion; arrested: refusing to obey officer. July 1967: convicted: 6 mths hard labor, &100 fine.

Solomon Seay, Esq, 2901 McDonough, Montgomery 36104.
55.Ala.15. Bd of Educ v Barnett (Crenshaw Co) (MD Ala) Persons demonstrated on and near school grounds, interfered with operation of schools. Pls brought action in state ct for injunction, contempt citation, removed to DC. Feb 28, 1966: H'g on motion for preliminary injunction. March 2: DC remanded case.

Gray and Seay, Esqs, 2901 McDonough, Montgomery 36104; Charles H Jones, Jr, Gerald Smith, Charles S Ralston, Esqs, NAACP Inc Fund.
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; restaining 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.
55.Calif.12. California v 5 Demonstrators (San Jose) Jy 20, 1965: 5 Defs entered Food Machinery and Chemical Corp, producers of war materials, to leaflet employees about peace; arrested: trespassing. 1 Def pleaded nolo contendere: &100 or 20 days; 2 Defs plead guilty: &100 or 20 days each; 1 Def certified to juvenile ct: 1 Def found guilty: &250 fine, &26 assessment penalty suspended, informal probation 1 yr.

John Thorne, Esq, 510 N 3rd, San Jose.
55.Calif.14. California v Amey, Sanders, Smith (Berkeley-Albany Muni Ct, C 11993, 11994, 11987) Apr 12, 1966: Defs part of crowd of 4,000 demonstrating against war in Vietnam; fighting occurred when police entered building from which demonstrators were speaking with amplifying equipment without permit. 2 Defs arrested: interfering with police, Def Amey: battery on a police officer. Demonstrators moved to City Hall, another scuffle with police trying to clear street; 7 arrested: disturbing the peace, resisting officer. Amey pending in Super Ct; Sanders 6 mths probation; Smith dismissed.

Carlton Innis, Esq, 2437 Durant, Berkeley.
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). Def put on 18-mths probation.

And see Aronson, 58.Calif.20.
55.Calif.19. Re Berry (Sacramento) (Ct of App) Sacramento Super Ct issued injunction prohibiting picketing or demonstrating near Co buildings; Pet and 70 others arrested: carrying signs. 4 petitioned Ct of App for habeas corpus: Ct held 4 could not be tried for violating injunction, declined to hold injunction void on face. Issues on appeal to Sup Ct: injunction unconstitutional as infringement of free speech and right to petition govt for redress of grievances. Pending.

Lawrence Karlton, Esq, 1107 9th, Coleman Blease, Esq, 2667 11th, both of Sacramento 95818; Paul Halvonik, Esq, 503 Market, San Francisco, for ACLU.
55.Calif.20. California v Havens (Bakersfield Muni Ct) Def-minister read Jack London's "Definition of a Strikebreaker" to striking grape workers; arrested: disturbing peace. Ct acquitted: First Amdt grounds.

Milton M Younger, Esq, ACLU, Sill Building, Bakersfield.
55.Calif.21. California v Gould (Los Angeles Super Ct, App Dept) Defs, American Nazis, held black-face counter-picket of CORE picket lines; arrested. Convicted. App Dept reversed.

A L Wirin, Esq, ACLU, 257 So Spring St, Los Angeles 90012.
55.Calif.22. Oakland v Stephens (Oakland Muni Ct) Aug 15, 1967: Def-wife of draft refuser, 5 others blocked entrance to Oakland Army Induction Center; arrested. Def, weak from 10-day fast, carried to police car; Def forcibly fingerprinted. When case called, Def refused to leave holding cell. Judge entered cell, explained charges and rights to Def. Aug 21: Def accepted probation, 3 others sentenced to jail terms.
55.Calif.23. Giumarra Bros Fruit Co v United Farm Workers Organizing Committee, AFL-CIO (Kern Co) (Super Ct Calif, #100011) Persons picketed vineyards to organize workers. Aug 18, 1967: Pl sued for injunction restraining pickets. Super Ct issued temporary restraining order limiting pickets to 3 at each side of main entrance, must stand at least 50 ft apart.

Jerome Cohen, Esq, P O Box 130, Delano.
55.Colo.1. Perdew, Phillips, Deluxe v Denver (Colo Sup Ct, #22668) Jan 6, 1966: Defs went to Fedl Bldg to protest failure of fedl govt to enforce 1965 Voting Rights Act and murder of Samuel Younge; asked to leave; refused; arrested: Sec 842.1, Denver Rev Muni Code: disturbance of peace. Apr 27, 1967: trial. May 5: guilty: &100 each. Defs appealed: Ct erred: (1) in delivering instructions to jury in chambers instead of open court: denial of public trial; (2) in refusing to give Defs tendered instructions that (a) Defs could not be found guilty if actions provoked by improper invasion of constitutional rights by employees of fedl govt,
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(b) Defs had right to be free from unreasonable searches and seizures under Fourth Amdt, (c) it is not illegal to distribute leaflets in fedl bldg, (d) conflict between muni ordinance and constitutional right must be resolved in favor of constitutional right; (3) in denying Defs' motion to dismiss for lack of jurisdiction: Sec 842.1 unconstitutionally vague and overbroad. Pending.

Forrest C O'Dell, Esq, 815 Majestic Bldg; Harry K Nier, Jr, Esq, 1700 Broadway, both of Denver, Colo 80202.
55.DC.5. US v 7 Defs (CA DC, #3798) 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. Jy 5, 1966: DC Ct of App affirmed. CA DC affirmed.
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 DC Code §1107), disorderly conduct (22 DC 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. DC Ct of App affirmed. May 22, 1967: CA DC vacated judgment, citing Feeley v DC (#20275), companion case: original informations void for vagueness (constitutional issues, however, not directly touched).

Stanford Robbins and Richard Shlakman, Esqs, 815 Connecticut Ave NW, Washington, DC, for ACLU.
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. Denied.

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. Removed to DC. Pending.

C B King and Dennis Roberts, Esqs, Box 1024, Albany, Ga.
55.Ga.41. Barnum v Chambliss (Americus) (MD Ga, Americus Div, #582) (247 FSupp 794, 11 RRLR 136) 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 ordinance, 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.

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. Removed to DC. 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. Pending.

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

Ronald Silverman, Esq, 19 S LaSalle St, Paul Goldstein, Esq, 5519 S Hyde Park Blvd, both of Chicago.
55.Ill.7. Jewish War Veterans v Nazi Party (Chicago) (ND, E Div) (260 FSupp 452, 12 RRLR 49) 1966: Pl sought injunction against Def's meetings and other activities: will result in deprivation of Pl's rights of privacy, freedom of religion. DC denied: no immediate danger. Later Pl sought temporary restraining order against Def's demonstrations in Jewish areas during Jewish high holy days. DC granted: right "to practice one's religion safely peacefully and with dignity" is protectable; disturbances may occur.
55.Ill.8. Chicago v Hennershot (Ill Sup Ct, #39704M) 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. Je 21, 1967: City admitted error, moved for reversal; ct granted.

Robert M Grossman, Esq, 11 So LaSalle, Suite 815, Chicago 60603.
55.Ill.9. Park District of Chicago v Lyons (Chicago Cir Ct) Ordinance bars distribution of leaflets in parks. Oct 17, 1966: Def-pastor convicted: placing religious tracts in parked cars. Nov 25: motion for new trial denied; Def fined &25, filed notice of appeal to Ill Sup Ct: ordinance too broad and denies religious freedom. Pending.

S T Sutton, Esq, 193 First St, Elmhurst, Ill.
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;
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&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. Je 27, 1966: DC remanded on basis of Peacock, 55.Miss.5a, 384 US 808. CA denied Defs' petition for stay. Trial in state ct pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans, La 70113.
55.Mass.2. Massachusetts v Belton, Lavelle, Somers (Hampden Co Super Ct) 1965: Defs in civil rights demonstration; arrested: disturbing the peace. Defs challenged legality of arrests, abridgment of free speech, assembly. Convicted; appeal pending.

David Burres, George M Nassa, Esqs, 20 Maple St, Spring-field, Mass.
55.Mass.3. Boston v Matthei (Boston Muni Ct) Nov 21, 1966: Defs, 2 18-yr old pacifists, began Fedl Bldg vigil protesting draft evasion convictions of 2 persons. Arrested, with Def-sympathizer who leaped into patrol wagon: disobeying officer. Nov 26: Ct offered to dismiss if Defs would abandon vigil; Defs refused, refused to plead or obtain counsel. Convicted; 5 days or &5. Defs refused fine; carried to jail.
55.Miss.3. Calhoun v City of Meridian (Meridian Muni Ct; SD Miss, Meridian Div, ##5168-5192) Je 13, 1964: Defs picketed Kress, Woolworth's and Newberry's; arrested: obstructing sidewalk (Ord §28.10). Muni Ct found Defs guilty. Defs appealed to Co Ct for trial de novo. Bond: &200 each. Defs filed removal petition to DC. Jy 7: DC remanded to Muni Ct. CA 5 stayed remand order pending appeal.

Don Loria, Esq, Cadillac Tower, Detroit; Charles Markels, Esq, 105 S LaSalle St, Chicago; Nat'l Lawyers Guild Comm for Legal Assistance in the South, 3200 Cadillac Tower, Detroit.

For removal, see 55.Miss.3 at p 36.
55.Miss.3a. Brown v City of Meridian (CA 5, #21730) May 1964: Defs civil rights workers standing in front of five-and-dime store advising potential customers not to trade with store, arrested: 7 charged with breach of peace, 1 with interfering with another's business. June 10: 28 USC §1443 removal petitions filed. Police Ct convicted Defs. See 55.Miss.3a at 73, p 36 for removal proceedings.

Betty Ann Cooper, Esq, 294 Washington St, Boston; Carsie Hall, Esq, 115½ N Farish St, Jackson, Miss; Anthony G Amsterdam, Esq, 3400 Chestnut St, Philadelphia, Pa.
55.Miss.7. Cameron v Johnson (Hattiesburg) (USSC Misc, #1773) (262 FSupp 873, 381 US 741; 88 S Ct 127) Apr 13, 1964: Pls-civil rights leaders sued Def-Miss Gov and other state officials to enjoin enforcement of 1964 Miss anti-picketing statute (House Bill #546). 3-judge DC denied relief (2-1), dismissed. USSC (381 US 741), per curiam (6-3), vacated and remanded for proceedings not inconsistent with Dombrowski, 245.16d, 380 US 479, with DC considering whether 28 USC §2283 bars fedl injunction. Dec 24, 1966: Reconvened 3-judge ct found statute had been constitutionally applied in preventing interference with orderly use of courthouse facilities, thereby distinguishing Dombrowski; DC not authorized to enjoin criminal prosecutions; though not concluding on merits, ct ruled there was "probable cause" for prosecutions; complaint dismissed with prejudice (2-1). May 15, 1967: Appeal filed: (1) Does USC §1983 constitute express exception to injunction bar of Section 2283 of Judicial Code? (2) Does evidence of selective enforcement of statute for purpose of deterring exercise of federal rights warrant federal declaratory and injunctive relief? (3) Is Miss statute void for vagueness? Oct 9: USSC granted forma pauperis petition, noted probable jurisdiction.

Arthur Kinoy and William Kunstler, Esqs, 511 Fifth Ave, NYC; Benjamin Smith, Esq, 305 Baronne St, Bruce Waltzer, Esq, 335 Decatur, both of New Orleans; Morton Stavis and Harriet Van Tassel, Esqs, Law Center for Constitutional Rights, 116 Market St, Newark; L H Rosenthal, Esq, 406 W Capitol, Jackson, Miss.
55.Miss.9a. Mississippi v Hartfield, Anderson (Hattiesburg) (CA 5, ##21811, 21813) Apr 1964: 18 and 44 persons arrested under anti-picketing act, HB 546. Defs removed to SD Miss; remanded without hearing. CA 5 granted stay of remand, pending appeal. See removal aspects at 55.Miss.9a, at p 36.

Ben Smith, Esq, 305 Baronne St, New Orleans.
55.Miss.11. Collins v City of Jackson (CA 5) 1964: 13 ministers, theological students, racially mixed, arrested for disturbing public worship (Miss Code §2009) and trespass. For removal proceedings, see 55.Miss.11 at p 36.

Ben Smith, Esq, 305 Baronne St, New Orleans.
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 white 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.
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. 1966: CA reversed, remanded to DC for evidentiary h'g. Pending.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
55.Miss.25. 265 Defendants v Grenada (ND Miss) Oct 20, 1967: Negro students boycotted 4 schools alleging harassment by white students, administrators; 287 suspended. Oct 24: demonstration, 200 arrested: violation of "legal order"; students under 12 released to parental custody. Oct 25: demonstration, 30 arrested: failure to disperse. Oct 27: demonstration, 16 arrested. DC denied habeas, retained
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jurisdiction, advised Defs to seek state relief. Nov 2: students returned to classes.

Marian Wright, Esq, 538½ N Farish St, Jackson 39202.

And see Grenada School Bd, 63.58.
55.NH.2. New Hampshire v Benson, Harvey (Stafford Co Super Ct, #1087-66) Apr 21, 1966: Defs, pacifists marchers, arrested for carrying signs without parade permit. Defs refused to post bail of &50 each. May 2: Defs released. Sentences remitted in all cases except Harvey, who is free on recognizance pending appeal.

Melvin L Wulf, Esq, ACLU, 156 Fifth Ave, NYC.
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. William Turner v New York (USSC) (265 NYS2d 841, 218 NE2d 316, amended 219 NE2d 879, 386 US 773) Aug 8, 1964: assembly in Duffy Square against Vietnam war; small crowd listening peacefully to speeches. While 2 policemen on horseback and 12 patrolmen dispersed crowd, one person hit horse with cardboard placard, one hit policeman, one lay down; arrests: disorderly conduct; charge did not list post-dispersion facts. Convicted. App Term affirmed, based on post-dispersion facts; Hofstadter, J, diss. May 8, 1968: USSC (7-2) dismissed writ of cert as improvidently granted. Douglas, J (Fortas, J), diss: ". . . conviction on one ground may not be sustained on grounds that might have been charged but were not."

Osmond K Fraenkel, Esq, 120 Broadway, NYC.
55.NY.8. New York v Potter, Wiley (NY Sup Ct, 1st Jud Div, ## C 5639-65, B2964-65; C 5624-65, B 2961-65) Mar 19, 1965: Student and civil rights groups picketed, sat down at Chase Manhattan Bank in protest against bank's policy of making massive loans to Govt of Union of South Africa, thus supporting practice of racial repression. SDS, CORE officials, 47 others arrested. Potter: resisting arrest dismissed; disorderly conduct: 5 days workhouse suspended; Wiley: both charges dismissed.

Floyd E Feldman, Esq, 32 Ave C; Burton H Hall, Esq, 136 Liberty St, both of NYC.
55.NY.11. New York v Rosenberg (Sup Ct, App Term, 2d Dept) 1965: Defs, 3 pamphleteers, tended table, distributed pacifist handbills on public sidewalk; arrested: "constructing a vault" on sidewalk in violation of Administrative Code. App Term reversed: against weight of evidence.

Ellis B Levine, Esq, ACLU, 156 Fifth Ave, NYC.
55.NY.12. New York v Dorsey (NY Co Crim Ct) 1966: Def, member of Socialist Labor Party, distributed handbills on 42nd Street; arrested: violation of anti-littering ordinance which specifically exempts political literature. Dismissed on merits.

David Dretzin, Esq, ACLU, 156 Fifth Ave, NYC.
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 (Ct of App) 1966: Def distributed leaflets on Vietnam war at sidewalk table; charged with placing an obstruction on public sidewalk in violation of Admr Code. Dec 28, 1967: Ct of App declared statute unconstitutional: void for vagueness.

Isidore Silver, Esq, NYCLU, 156 Fifth Ave, NYC.
55.NY.18. Hempstead v Kidd (City Ct) Jan 21, 1967: Def, 2 other youths sat in to demand integration of village's all-white volunteer fire dept, arrested. May 1: Ct found Defs guilty; 7 days. (First jail sentences for demonstrators on Long Island.)
55.NY.19. Street v NY (USSC) Je 6, 1966: Pl-Negro burned American flag in protest of the shooting of James Meredith during his march through Miss. Arrested and charged with disorderly conduct and "casting contempt" on the flag (NY Penal Law §1425(16)(d)). Crim Ct acquitted on first charge, convicted on second. App Term of Sup Ct and, Jy 7, 1967, NY Ct of App affirmed, Ct of App passing on the constitutional issues. Oct 1967: appeal in USSC pending.

David T Goldstick, John Somers, Albert H Blumenthal, Esqs, 10 E 40th St, NYC.
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.Tex.1. Houston v Schact (Corp Ct, #76-027, 866) Je 1967: American Legion staged back-the-war parade; fighting between Marines and peace demonstrators picketing parade. Def-picket arrested: failure to move on. Pending.

Morris Bogdanow, Esq, 411 Melrose Bldg, Houston 77002.
55.Va.4. Re 20 Demonstrators (ED Va, Alexandria Div) May 12, 1967: Defs demonstrated at Pentagon; arrested: unwarranted loitering on fed'l property without proper credentials. May 18: trial.
55.Va.5. Hubbard v Virginia (Va Sup Ct of App) (152 SE2d 250, 12 RRLR 32) Jy 12, 1963: Civil rights worker engaged in demonstration against allegedly discriminatory employment practices; watchman warned Def; police arrested him: trespass, illegal picketing; convicted. Jan 16, 1967: Sup Ct of App affirmed: Def wilfully violated trespass statute by remaining on plant's premises, violated picketing statute by lying down at entrance gate of plant to block it.
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55.Va.6. Re Suzanne Williams (Wilmington Muni Ct) Apr 29, 1967: Def participated in Boston to Pentagon Walk for Peace; arrested: leafleting on wrong side of highway. Apr 30: convicted: 20 days.
56. Against and Concerning Minors (incl Contributing to Delinquency) (see also 24, 430, 560)

56.24. Dokes v Arkansas (USSC, #109) (409 SW2d 827, 88 SCt 212) 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. Ark Sup Ct affirmed: wife's invitation to police to enter dwelling constituted waiver; evidence that minors present at gathering where alcohol served sufficient to meet due process requirements. Oct 16, 1967: USSC denied cert.

Delector Tiller, Esq, 2305 Ringo, Little Rock.
57. Against Vagrancy, Loitering

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

C B King, Esq, Box 1024, Albany, Ga.
57.13. New York v Miller (NY Sup Ct, App Term, 1st Dept) Mar 24, 1964: Def, male, arrested while wearing women's clothing and makeup: vagrancy. NY Code Crim Proc §887(7) defines vagrants to include persons wearing disguises. Legislative history shows intended to prohibit wearing disguise as aid to commission of crime. Crim Ct convicted. Issues on appeal: (1) construction of code; (2) whether prohibition of this conduct violates due process as arbitrary and unreasonable, since conduct not inimical to public welfare.

Arthur Galligan, Esq, 20 E 46th St, NYC; Janet Johnson and Nanette Dembitz, Esqs, for amicus NYCLU, 156 Fifth Ave, NYC.
57.18. Alabama v Levin (SD Ala) Sept 1965: White SCOPE worker arrested: vagrancy. Def removed to DC; pending.

Peter Hall, Esq, Birmingham; NAACP Inc Fund.
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 Hirshborn (App Term, 1st Dept) 1966: Challenge to narcotics prosecution on claim seizure illegal because entrance obtained unlawfully: challenge to vagrancy law making it offense for men to wear women's clothes in public. App Term affirmed. Ct of App denied appeal. USSC denied cert.

Gerald Zuckerman, Esq, 36 W 44th St, NYC.

And see Abrams, 337.1.
57.26. In re Hoffman (Los Angeles) (Calif S Ct) Labor Day, 1966: 15 Defs handed out leaflets about Fort Hood Three, 126.13, in train station; RR police told them to leave private property; arrested: loitering in station, remaining longer than necessary to do business with common carrier (LA Muni C §421.11.1). Muni Ct found 6 Defs not guilty: arrested in main waiting room, area exempted from ordinance; 9 Defs guilty: arrested in courtyard. App Dept aff'd. Dec 1967: Cal S Ct reversed (4-2): (1) littering done by people who took leaflets; (2) streets, parks must be open for First Amdt activities, Hague v CIO (1939) 307 US 496, and their regulation must be valid public purpose: overbroad restrictions unconstitutional if not required to prohibit activities that interfere with use of public place; (3) immaterial that Pets could have distributed leaflets elsewhere.

Michael Hannon, Esq, 323 W 5th, Los Angeles 90513, for ACLU.
57.27. Fenster v Leary (USSC; NY Ct of App, #248) (386 US 10) 1964: Def arrested 3 times: being a person "who not having visible means to maintain himself, lives without employment." Def sought 3-judge fedl ct to enjoin prosecution under vagrancy statute, CCP §887(1). Ct held statute not alleged to be vague, to involve First Amdt rights, or to require prolonged litigation to determine constitutionality; no showing of irreparable injury; abstained from deciding validity of statute. Feb 13, 1967: USSC, per curiam (8-1), granted motion to affirm; Douglas, J, diss. Jy 7: NY Ct of App (5-2) held act unconstitutional: "unreasonably makes criminal and provides punishment for conduct (if we can call idleness conduct) of an individual which in no way impinges on the right or interests of others."

Emanuel Redfield, Esq, for ACLU, 156 Fifth Ave, NYC.

And see cases at 420s.
58. Against Trespassing
(see also 541, 542, 551, 552)
58.Calif.9. California v Burbridge (San Francisco) (USSC) (cd 386 US 1030, 1031) Mar 1964: Def and 243 other demonstrators sat in at mass demonstrations against discriminatory hiring at Sheraton-Palace Hotel. Agreement signed to hire minority group members by hotel assn, unions, demonstrators. All convicted of unlawful assembly, disturbing the peace by Muni Ct; Burbridge received 9 mths, others small sentences and fines. DCA, Calif Sup Ct refused to hear. Questions in petitions for cert: (1) Were demonstrators denied due process, equal protection by systematic exclusion of Negroes from juries through use of peremptory challenges? (2) Were demonstrators denied due process, equal protection by imposition of varying sentences by judges who assumed identical conduct, personal history, and character of defendants? (3) Did judges' offer to substantially lower sentences if demonstrator would change not guilty plea to "nolo contendere" deny due process, jury
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trial, and fair sentences? (4) Is ban on unlawful assembly (Penal C §407) and disturbing the peace (Penal C §415) void for vagueness? May 8, 1967: USSC denied cert.

Gov Brown commuted Burbridge's sentence after 30 days. Uncertain to what extent nondiscrimination agreement being followed.

Hartley Fleischmann, Esq, 593 Market St; Aubrey Grossman, Esq, 1095 Market St, both of San Francisco.
58.Calif.11. California v Wright (Los Angeles) (Super Ct, App Dept) May 1964: During campaign against Proposition 14 (see Mulkey v Reitman, 533.Calif.26, 87 S Ct 1627), 14 persons demonstrated against discriminatory policies outside meeting of Southwest Realty Board; arrested: trespass (Pen C §602(j), and breach of peace (§415). After 7-week jury trial, Defs acquitted of state charges, convicted of blocking exit (muni ordinance): 9 Defs-&50 or 5 days; 5 Defs-&100 or 5 days plus 10 days suspended and 3 yrs probation. Appeal pending.

Randolph Moore, Jr, Esq, 4038 Buckingham Road; Benjamin N Wyatt, Jr, Esq, 4213 S Broadway, both of Los Angeles.

ACLU of S Calif filed amicus brief.
58.Calif.18. California v Comfort, Goldberg (Oakland) (USSC) 1964: Long controversy between ex-Sen Knowland's Oakland Tribune and Ad Hoc Comm to End Discrimination over newspaper's allegedly discriminatory employment policies. Dec 12: Comm decided against civil disobedience; dissident faction sat in at gate; Comm leaders monitoring picketline and 16 sit-ins arrested: trespass, disturbing peace, failure to disperse, constituting public nuisance. 7 convicted, others pending: 30 days, 20 days, year probation. July 22, 1966: Douglas, J, ordered Comfort 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. USSC denied cert.

Robert Treuhaft, Edward Dawley, and Malcolm Burnstein, Esqs, 1440 Broadway, Oakland.
58.Calif.20. California v Aronson (Berkeley Muni Ct) Mar 25, 1966: Def, ex-prof who had refused to sign Levering loyalty oath, refused U of Calif requests to leave Peace Rights Organizing Comm table on campus; arrested: violation of Mulford Act: misdemeanor for non-student to refuse to leave campus upon request of authorized Univ officer if "liable to interfere with the peaceful conduct of activities on the campus." Feb 14, 1967: After trial, found not guilty: no breach of peace.

Arthur Wells, Esq, 2890 Telegraph, Berkeley.

And see Poland, 55.Calif.18.
58.Calif.20a. California v Thomson (Berkeley-Albany Muni Ct, #13878) Def sitting in chair at UC Student Center Lounge with eyes closed. Campus police wakened him, asked if he were student and who he was. He said he was not a student, arrested: trespass (Pen C §602(1)). DA agreed to dismiss case: statute requires warning and request to leave at time other than arrest itself.

Henry Elson, Esq, 2020 Milvia, Berkeley 94704.
58.Calif.21. California v Henderson, Manganiello (Redwood City Muni Ct) May 16, 1966: Defs stood in front of truck loaded with empty bomb shells at entrance to napalm plant; arrested: creating public nuisance. Tried; convicted: Henderson: 10 days; Manganiello: &110 fine, 1 yr probation.
58.Calif.22. California v Hutchinson, Calvelage (Muni Ct) May 25, 1966: Defs-housewives blocked truck carrying napalm; arrested: trespass. Ct instructed jury to consider Defs' claim of allegiance to "higher law" under Nurnberg rule; jury convicted.

H Reed Searle, Esq, 1884 The Alameda, San Jose.
58.Calif.24b. US v Bishop, Smith, Tavalin and Kangas (ND Calif) (261 FS 969) Aug 1966: Def-peace demonstrators arrested for trespass on government property, 18 USC 1382. Gov't moved to quash Defs' request for jury trial because "petty offense" denied. DC dismissed cases against some since US didn't own Pt Chicago; after jury hung, dismissed remaining Defs. No Gov't desire to retry.

Alan Brotsky, Esq, 341 Market St, San Francisco; Peter Franck, Esq, 2890 Telegraph Ave; Gabriel Werbner, Esq, both of Berkeley; James T Heavy, Esq, 1430 Franklin St, Oakland.

Article: Garwood Smith, Port Chicago Trial (Or How I Learned to Stop Worrying and to Stall the Bombs). 26 Guild Practitioner 114 (1967).

And see cases at 126.
58.Calif.26. California v Voorhees, Johnson (Muni Ct Contra Costa Co) Aug 1966: Defs stood in front of napalm trucks at Port Chicago Naval Base. May 1967: Trial held, Ct refused to allow testimony on international and moral law, found Defs guilty of charges of public nuisance, obstructing arrest.
58.Calif.27. California v Chavez, Saladini, Hartmire (San Diego Super Ct) Defs, NFWA director and 2 sympathetic ministers, sought to talk to farm workers at their houses on DiGiorgio Farms property; arrested: trespass. Justice Ct found Defs guilty. Defs' appeal pending.

William F Gavin, Esq, Spreckles Theater Bldg, 123 Broadway, San Diego, for ACLU.
58.Calif.28. Parrish v Muni Ct (Stanislaus Co Super Ct, #93389) Je 30, 1966: Pet, field supervisor, Calif Center for Community Development (OEO-funded) debated officials in Welfare Bldg past 5 PM closing, left only after officials agreed to aid his client. Aug 25: Similar debate; bldg locked at 5 PM. 8:30 PM: Co DA, Police Chief ordered Pet to leave. Pet refused unless promised aid for client; arrested: Pen Code §602(o) (trespassing). Arraignment; Pet demurred; (1) No allegation Pet lacked lawful business, (2) bldg must be open 24 hrs, (3) §602(o) unconstitutional. Resp-Muni Ct overruled, set Oct 21 trial date. Oct 17: Pet sought writ of prohibition, trial stay in Super Ct; alternative writ granted. Oct 26: Resp filed demurrer, motion to recall and quash. Nov 9: H'g. Jan 31, 1967: Super Ct permanently stayed trial: (1) §602(o) applies to sit-ins, (2) Welfare Bldg is "public," DA is "custodian" within statute, (3) Welfare Bldg needn't open 24 hrs, (4) Pet's lawful business ceased when asked to leave, (5) §602(o) not unconstitutionally vague, (6) but, Je 30 acquiescence led Pet to believe he had apparent lawful business; prosecution would entrap Pet, entrench upon First Amdt activity.

Albert Bendich, Esq, 2550 Telegraph Ave, Berkeley; Coleman Blease, Esq, 1107 9th St, Sacramento.

And see cases at 420s.
- 26 -

58.Calif.30. Oakland v Kennedy (Oakland Muni Ct) Jy 27, 1967: 125 persons picketed Oakland Army Induction Center. Police ordered picketers to move on; 13 sat on pavement, arrested on complaint of building manager: maintaining a public nuisance, trespassing, disturbing the peace. &716 bail each. Jy 31: Ct sentenced Defs: &22 fine or 2 days jail: 10 elected jail, 2 sentenced to 30 days suspended: 1 minister—fine suspended conditioned on 6 mths without similar arrest.
58.Calif.31. Oakland v Ganoung (Oakland Muni Ct) Je 29, 1967: 600 persons picketed Oakland Army Induction Center; 20 blocked entrance, arrested on complaint of building manager: trespassing, disturbing the peace. Defs released on &600 bail. Jy 19: All Defs pledged no contest; &22 fine or 2 days jail. 7 Defs paid fines, 13 went to jail.
58.Fla.4. Adderley v Florida (USSC) (385 US 1020) Facts: XI DOCKET 68 at 58.52; XII DOCKET 1 for opinions. Case notes: 19 Alabama 478-484; 55 California 549-558; 44 Denver 300-306; 45 N Carolina 724-740; 18 Syracuse 637-642; 18 Reserve 1396-1404; 8 William & Mary 455-459.
58.Ga.14. Georgia v Rachel (USSC) (382 US 957) Facts: X DOCKET 17—XI DOCKET 9. Case notes: 19 Florida 388-391; 14 UCLA 1159-1170; 20 Vanderbilt 177-182; 13 Wayne 456-467.

And see other removal cases at 73.
58.Ga.15. US ex rel Tolg v Grimes (Atlanta) (CA 5) (355 F2d 92, 11 RRLR 328, 1966) Je 1963: Rel-white sociologist picketed restaurant, allegedly blocking entrance; arrested: trespass. May 1964: state ct convicted: &1000, 18 mths (14 suspended if Rel agreed not to demonstrate illegally). Rel moved for new trial; denied: Rel did not receive notice of denial. Rel began serving sentence; time for appeal expired; Rel sought habeas corpus in DC. May 1964: DC denied writ: Rel had standing because failure to appeal was not willful; but (in absence of state equal accommodations policy) trespass statute was constitutional on face and as applied. Jan 24, 1966: CA reversed: retroactive effect of 1964 Civil Rights Act made conviction illegal; Ga's explicit waiver of exhaustion of state remedies gives DC jurisdiction; state habeas corpus, as applied in Ga, would be inadequate remedy.

Howard Moore and Donald L Hollowell, Esqs, 859½ Hunter St NW, Atlanta.
58.Mich.2. Michigan v Halprin (Mason Muni Ct) Oct 1966: 4 students passed out leaflets opposing war at Marine Corps exhibit on Michigan State campus, arrested; trespassing. Mar 30, 1967: convicted, 30 days.
58.NY.5. New York v Day, Knapp (Syracuse) (NY Sup Ct, 5th Jud Dist Indictment #65-167) Spring 1965: CORE initiated campaign to change allegedly discriminatory employment policies of Niagara Mohawk Power Co. Demonstrations, sit-in in office of Co president: 11 arrested, 4 Defs stalled-in at plant entrances for 2 hrs, chained selves under cars; arrested. Def-Knapp attempted to dissuade police from removing demonstrator from beneath car without first cutting chains which bound him to it; arrested: interfering with arrest. Def Day indicted on 4 counts of assault, 2d degree; pleaded not guilty. Day's charges reduced to 3rd degree. He pleaded guilty: 1 yr (suspended) and &100.

Faith Seidenberg, Esq, State Tower Bldg, Syracuse.
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.
59. Against Miscellaneous Criminal Activities
Proposed Iegislation: DC anticrime bill. NY Times, Je 27, 1967.

Calif gun laws. SF Chronicle, Jy 29, 1967; Aug 1, 1967.


59.27a. Mississippi v Aaron Henry (Miss Sup Ct, #42652) (154 So2d 289; 174 So2d 348; 379 US 443; 198 So2d 213; 388 US 901) 1961: Def, state NAACP pres, arrested for improper advances to white youth; convicted. Cir Ct affirmed. Miss Sup Ct reversed: search of Def's car, parked in his driveway, illegal without warrant, tho Def was at time of search in custody and Def's wife consented and gave police the key. On reconsideration, Sup Ct affirmed conviction: tho search unlawful, failure to object at trial waived Def's right to have evidence excluded. Jan 18, 1965: USSC (5-4) vacated and remanded. Brennan, J, "for a hearing on the question whether the Pet is to be deemed to have knowingly waived decision of his fedl claim when timely objection was not made to the admission of the illegally seized evidence"; "A litigant's procedural defaults in state proceedings do not prevent vindication of his fed'l rights unless the State's insistence on compliance with its procedural rule serves a legitimate state interest"; USSC will consider this question in each case. Black, Harlan, Clark, Stewart, JJ, diss. 1965: Miss Sup Ct remanded to trial ct for determination of waiver issue. 1967: Trial ct held no intentional waiver. Miss Sup Ct reported finding of intentional waiver to USSC. Je 12: USSC denied motion to reinstate judgment; said further proceedings should follow final state judgment. Jy 10: Miss Sup Ct reinstated original conviction. Petition for cert pending.

R Jess Brown, Esq, 125½ N Farish, Jackson; Jack H Young, Esq, 115 N Farish, Jackson 39201.
59.31. US v Hensley, Stacy, Turner, Engle (cd 87 SCT 2139) Je 17, 1963: Defs, Ky miners, arrested on charges of violating federal train wreck statute (conspiracy to blow up RR bridge). Defs freed on bail. Def-Stacy turned State's evidence. Oct 1963: Fedl grand jury indicted 5 miners, 1 dynamite supplier. Feb 7, 1964: Gov't filed motion to remove trial from Jackson (coal field area) on ground of impossibility of securing jurors not intimidated by Defs. DC denied. Jy 1964: Charges against Def-Gibson dismissed on motion of US; 4 Defs convicted. CA 6 affirmed. Je 17, 1967: Petition for cert denied. Application for re-hearing pending: (1) denial of right 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) failure of Gov't 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
- 27 -

Justice witnesses; (7) unlawful searches and seizures; (8) no proof Defs intended to wreck train.

Paul O'Dwyer, Esq, 40 Wall St, I Philip Sipser, Esq, 50 Broadway, Leonard B Boudin and Henry Winestine, Esqs, 30 E 42d St, all of NYC; Dan Jack Combs, Esq, Pikeville, Ky; Committee for Miners, 96 Greenwich Ave, NYC.
59.37. Mississippi v Hancock (Leflore Co Ct) Mar 31, 1964: Def charged with perjury for failing to admit felony conviction on voter registration form. Def served sentence in 1961, claims he had no lawyer, was not guilty of felony. Bond—&5,000. Removed to DC; remanded; appeal and motion to quash pending.

Ben Smith, Esq, 305 Baronne St, New Orleans.

And see cases at 501.Miss.
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. Found guilty: 15 days (suspended), 1 yr ct probation.

Michael Ballachey, Esq, 2020 Milvia, Berkeley.
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. Jan 6, 1967: On appeal, nolle prosequi.

Speech: Cong Matsunaga, Right to dissent defended by Judge Masato Doi. Cong Rec—App. Jy 13, 1967, A 3547.
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. Ct of App found ordinance unconstitutional. Appeal to Mich Sup Ct denied.

ACLU amicus brief by Maurice Kelman, Esq, 1600 Washington Blvd Bldg, Detroit 48226.
59.71. New York v Eisenberg (Brooklyn Crim Ct) Mar 5, 1967: DuBois Clubs coordinator allegedly interfered with arrest of other club member during a near riot. May 25: Def convicted. Jy 7: sentencing.

Paul Chevigny, Esq, NYCLU, 156 5th Ave, NYC 10010.
59.72. Alabama v Taylor (Selma) (Recorder's Ct) Nov 5, 1966: Def, SNCC field worker, arrested: blocking traffic and resisting arrest. Nov 22: convicted: &77.
59.73. Alabama v House (Selma) (Recorder's Ct) Nov 5, 1966: Def, SNCC field secretary, arrested: inciting to riot. Nov 29: convicted: &100 and 30 days hard labor.
59.74. Alabama v Hadnott, Moorer, Leon, Sims (Prattville) (Co Ct) Spring 1966: Defs in civil rights protest demonstration arrested: assault with intent to kill. Mar 13, 1967: Defs pleaded guilty to reduced charges of simple assault; &25-&100 fines.
59.75. Kirkland v Wallace (Greene Co) (CA 5) Pls engaged in boycott demonstrations; arrested: violation of Ala antiboycott statute. Pls sued for: (1) preliminary injunction against prosecution of Pls, (2) declaration that statute unconstitutional. Ala Atty Genl dropped charges against Pls, moved Pl's complaint be dismissed: action now moot, use of statute was `slip up.' DC dismissed complaint. Pls appealed: mere existence on books of such statute is restraint on First Amdt rights of peaceable petition. Pending.

Donald A Jelinek, Esq, LCDC, 31½ Franklin St, Selma, Ala 36701.
59.76. California v Pollack (San Francisco Muni Ct) Def, member of drama group, played in park; police requested identification, told Def to "come along," struck him. Def arrested: (1) destruction of public property, (2) disturbing peace, (3) resisting arrest, (4) committing battery on policeman, (5) using profane language in presence of women. Ct dismissed (1), (2); Muni Park Code provisions preempted by state law, no damage to property. Jury acquitted Def on (4), (5); hung on (3). Dist Atty dropped case.

Ephraim Margolin, Esq, 683 McAllister; Evander Cade Smith, Esq, 333 Franklin; both of San Francisco.
59.77. California v Smith (Monterey Super Ct) Spring, 1966: Defs, 4 students, camped out on ranch property without owner's consent; arrested: violation of Pen C §602(1): misdemeanor to enter and occupy property without owner's consent. Apr: convicted. Jan 3, 1967: Super Ct reversed: transient overnight use of small area in large ranch not type of conduct which legislature intended to prohibit by use of word `occupy.'

Francis Heisler, Esq, PO Box 3996, Carmel, Calif 93921.
59.78. Los Angeles v Monroe (LA Muni Ct) Dec 10, 1966: Defexec director, ACLU of Calif, observed rally on Sunset Strip protesting police harassment of teenagers; arrested: interfering with police officer, failure to identify self (Calif Pen C §647e): misdemeanor if person loiters or wanders on streets or from place to place without apparent reason or business and fails to identify self to officer. Dec 14: Def arraigned; refused to plead pending filing of demurrer to constitutionality of failure-to-identify charge. Feb 7, 1967: Muni Ct enjoined police or prosecutor from commenting on arrest, held failure-to-identify provision unconstitutional. Sup Ct and Ct of App affirmed. Charge dismissed.

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

And see Monroe, 354.14; Weger, 51.Calif.12.
59.79. California v Brown (Sacramento Super Ct) Sept 17, 1966: Def-evangelist held meeting in tent, on private property, whose dimensions exceeded 100 ft; arrested: loudspeaker violated ordinance prohibiting amplification of speech except for "outdoor sports" beyond 100 ft. Je 7, 1967: Super Ct declared ordinance unconstitutional as violation of equal protection.

Lawrence Karlton, Esq, 1107 9th St, Sacramento.
59.80. San Francisco v 29 Haight-Ashbury Defs (San Francisco Muni Ct) Jan 14, 1967: Defs, among others, participated in `love meet,' gathering on Haight Street; arrested: disturbing peace, failure to disperse, resisting arrest. Defs out on bail. Pending.
59.81. San Francisco v Edmundson, Heron (San Francisco Muni Ct) Jan 16, 1967: Defs picketed Purity store in support of
- 28 -

Delano strikers' demand that Perelli-Minetti wines be removed from shelves. 2 girls allegedly drove car into line of pickets, 1 made citizen's arrest of Def-Edmundson: malicious mischief. Def-Heron arrested: interfering with arrest. Pending.
59.82. In re Mark Comfort (Oakland Muni Ct) Feb 1967: Police attempted to arrest Def's neighbor, who resisted; Def, civil rights worker facing other trials, offered to help police; arrested: interfering with arrest, disturbing the peace. Apr: acquitted.

And see Comfort, 58.Calif.18.
59.83. California v Bethea (Sacramento Muni Ct) May 2, 1967: 30 Def-members of Black Panther Party entered State Assembly chamber bearing firearms in protest against pending anti-gun legislation; Sgts-at-arms ejected Defs. Police disarmed, arrested Defs: Fish & Game code section prohibiting loaded guns in vehicle. Jy 21: 6 Defs pleaded guilty to misdemeanor: disrupting legislative session. Felony conspiracy charges dismissed. All charges against 9 Defs dismissed: insufficient evidence. Aug 11: 5 Defs sentenced: from 90 days, 3 yrs probation to 10 days, 2 yrs probation.
59.84. California v Gurner and Maginnis (San Mateo Co) (Super Ct) Defs led class on self-induced abortions, passed out written information and "abortion kits"; arrested: advertising any means for producing abortion (Bus & Prof C §601). Defs claim statute violates First Amdt. May 19, 1967: h'g.

Marshall W Krause, Esq, 503 Market; Patrick Hallinan, Esq, 345 Franklin, both of San Francisco, for ACLU.
59.85. California v Gray, Coleman (Los Angeles Muni Ct) Defs, civil rights workers, placed signs reading "B—, B—, B—" alongside those already posted in behalf of candidates for political office; arrested: violation of ordinance prohibiting placing of placards on private property without consent of owner. Convicted. Defs appeal: denial of First Amdt rights: Defs convicted but others putting up political signs were not. Pending.

David Binder, Esq, ACLU, 3810 Wilshire, Los Angeles.
59.86. California v Cooks (San Diego) (Super Ct, App Dept) 1967: Def-bartender advised patron being questioned by police not to show ID unless told why he was being questioned. Police arrested Def: Resisting arrest (Pen C §148). Trial Ct dismissed in interests of justice (Pen C §1385), Def's speech constitutionally protected. State appealed; App Dept reversed: verbal act, like non-action (going limp) can be resistance.

Louis Katz, Esq, 1540 6th St, San Diego 92101.
59.87. Atlanta v Carmichael (Atlanta Muni Ct) Je 20, 1967: Def-SNCC Field Secretary ordered to move on by Atlanta police captain; refused; arrested: failure to move on. Je 20-21: disturbances; one Negro killed. Je 22: Def convicted, sentenced &53 fine or 50 days. Je 25: Def released on &1000 appeal bond.

Howard Moore, Jr, Esq, 859½ Hunter St NW, Atlanta 30314.
59.88. Chicago v 19 Defs (Chicago) (City Ct) Apr 9, 1967: Defs attended party sponsored by Student Mobilization Comm and Chicago Peace Council; police arrived without warrant, not permitted to enter house. Defs arrested: disorderly conduct; Def-Abrams, owner of house, arrested: aggravated assault, resisting arrest, selling liquor to minors, keeping disorderly house, contributing to delinquency of minors. May 10: Trial.
59.89. Louisiana v Tyson (USSC, #604) (241 FSupp 142, 176 So2d 147, 382 US 942) Def-Plaquemine civil rights leader charged with unauthorized use of rented car. Ct denied motion to quash bill of information. Def removed to DC; La moved to remand. May 10, 1965: DC remanded: (1) mere local prejudice against Def not sufficient ground for removal; (2) 28 USC §1443 does not authorize removal as no state law prevents Def from receiving fair trial, no showing that cts and DA not fair, impartial, unbiased. Trial ct convicted. La Sup Ct affirmed. Dec 6: USSC denied cert. Appeal on due process issues now pending before CA 5.

Smith and Waltzer, Esqs, 305 Baronne St, New Orleans.
59.90. In re James Griffin (Detroit) 1967: Teach-in held at Wayne State University; members of right-wing group "Breakthrough" tried to disrupt meeting; Pet attempted to remove them; arrested: disturbing the peace; convicted. Appeal pending.

Lee Molette, Esq, 2436 Guardian Bldg, Detroit 48226.
59.91. Mississippi v Chinn (Hinds Co Ct) June 1966: Night before Meredith March to arrive in Canton, bomb exploded in Freedom House; Def, leader of Canton civil rights movement, went with others to investigate; scuffling, shooting; white man wounded. Def arrested: assault and battery with intent to kill. Def moved for change of venue: could not get fair trial in Canton; motion granted. Trial pending in Hinds Co Ct.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
59.92. Chisum v Fitzpatrick (Issaquena Co, Miss) (Cir Ct) Sept 8, 1966: Def-law student doing research for school desegregation suit by following school bus to find out whether it passed homes of Negro children, whether too crowded to carry them. Pl-bus driver swore out warrant for Def, charging: reckless driving. Justice of Peace ruled Def guilty, &100 fine. Def appealed. Cir Ct changed charge to following bus too closely. Jury could not agree on verdict, judge declared mistrial.

And see cases at 522.Miss.
59.93. New Jersey v Baird (NJ Sup Ct, #M-318 Sept Term 1966) Def, Dir of Parents' Aid Society, described birth control methods and displayed birth control devices; arrested: dissemination of birth control information in public (NJS 2A:170-76). Def fined &100 and 20 days. Monmouth Co Ct affirmed. Apr 18, 1967: appeal filed in Sup Ct; claim: statute abridges free speech. Pending.

Robert I Ansell, Esq, 513 Bangs Ave, Asbury Park, NJ 07712.

Amicus by McCarter & English, Esqs, 550 Broad St, Newark, NJ, for Planned Parenthood.
59.94. US v Leary (ED NY) Oct 10, 1966: Def LSD cultist arrested: failure to register with US Customs as narcotics user upon entering and leaving country (18 USC §1407). Pending.
59.95. New York v Twelve Masked Demonstrators (NYC Crim Ct) Aug 7, 1967: 30 picketed USN destroyer returned
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from Vietnam; 12 wore death masks, arrested: NY law forbidding masquerading by groups greater than 3. Pending.
59.96. US v Brown (SD NY) Aug 19, 1967: Def-SNCC chairman arrested in NY on La complaint: carrying firearm on interstate flight while under indictment. US Commr set bail at &25,000, denied motion to reduce. Aug 21: Def again moved to reduce; denied. Def sought order to show cause in DC; granted. Aug 22: New Orleans fedl grand jury indicted Def. In NYC, bail reduced to &15,000; Def freed. Aug 24: Def sought permission to leave jurisdiction for speech tour, granted; h'g on removal to La DC continued to Sept 14. Pending.

William Kunstler, Esq, 511 Fifth Ave, NYC.

And see Brown v Clark, 54.20.
59.97. US v Hawke, Marin de Montmarin (Buffalo) (WD NY) 1965: Defs, British and French, arrested: violation of Munitions Control Act: exported bombers to Portugal without required license. Defs claimed they had approval and assistance of US Govt, through CIA. Oct 1966: Defs acquitted.

Edwin Marger, Esq, Seybold Bldg, Miami, Fla.
59.98. Ohio v Russell, McCann (Cleveland) (Com Pleas Ct) Nov 13, 1965: Police and Liquor agents raided benefit for The Militant; arrested 30 persons: disorderly assembly; rearrested :4 illegal sale of liquor; rearrested 4: assaulting police officer. 3 charged with liquor violation pleaded no contest: fined &100; 4th acquitted. Jy 12, 1966: disorderly assembly charges dismissed: faulty warrants. Jy 23: at height of Hough ghetto outbreak, 30 rearrested on disorderly assembly charge. Defs contend second arrest constitutes double jeopardy, ordinance unconstitutional. Feb 6, 1967: 8 Defs convicted: &20 and ct costs; charges against 22 dismissed. Appeal pending.
59.99. Pennsylvania v Williams, Middleton, Ballard (Levittown) (Buck Co Ct) Mar 5, 1966: Def-Negroes demonstrated at police hqtrs: discrimination in hiring; arrested. Nov 29: Ct dismissed resisting arrest charges; Defs agreed to pay ct costs.
59.100. Swain v Tennessee (Tenn Sup Ct) (407 SW2d 452; 12 RRLR 23) Police arrested Negro: extortion; convicted. Def appealed: his actions amounted only to legal efforts to induce businessman to employ more Negro salesmen. Oct 7, 1966: Sup Ct affirmed: Def's efforts for Negroes was attempt "to erect a facade of legality to cover or obscure his true and sinister intent and purpose to extort."
59.101. Dallas v Wilkes (Co Ct) Aug 26, 1967: Defs, minister and 3 women members of Dallas Comm for a Peaceful Solution in Vietnam, carried picket signs in downtown mall; arrested: violation of week-old ordinance banning use of mall for unusual acts without police permit. Pending.
59.102. Virginia v State Prison Guard (Richmond Co) Dec 8, 1966: Va Gov Godwin posted &1000 reward for information leading to arrest and conviction of cross burners. Jan 1, 1967: Police arrested 5 persons, incl penitentiary guard, for burning crosses on public property. Gov said flaming cross "is a symbol of terror ... which must be wiped out."

And see Price, 590.10.
59.103. Virginia v Price (Richmond) (Hustings Ct) Def burned cross in public. Mar 16, 1967: All-white jury convicted Def; 3 yrs.
59.104. Bardwell v Griffin (La Crosse, Wis City Ct) Def authored "Black Like Me," autobiographical recounting of experiences of white impersonating Negro in Deep South. Def lectured in city despite right wing attacks. Je 1966: Pl-13 year old sued Def-author for damages on ground of mental and moral injury suffered from reading book. Pending.

Johns, Pappas, and Flaherty, Esqs, 616 Exchange Bldg, 205 Fifth Ave S, La Crosse, Wis.
59.105. Fayette Co v Hortenstine (Somerville, Tenn) (Genl Sess Ct) Dec 1966: White civil rights worker stopped by police: no wheel tax sticker on car. Woman protested: not resident of Co, car had not been in Co for requisite 45 days; arrested. Co Genl Sess Ct fined her; she refused to pay, served 20 days in jail.

Southern Conference Educ Fund, 3210 Broadway, Louisville 40211.
59.106. New York v Radich (NYC City Ct) Artist displayed American flag shaped like a cadaver hanging from a noose to express opposition to Vietnam war in way deliberately intended to be shocking and offensive. Police summoned gallery owner to appear in ct for violating NY penal code. Def contends artist's right to create art sacred even to warrant offending some citizens; as sacred as man's religion. Pending.

Aryeh Neier, Esq, NYCLU, 156 Fifth Ave, NYC.
60. Civil Sanctions (and Contempt Charges)
UN DECLARATION OF HUMAN RIGHTS: Art 12
61. Against Defamation, Libel, Slander
(see also 53)

Comments: Vindication of reputation of public official. 80 Harvard 1730-1756.

Immunity for libel of candidates: Fignole v Curtis Publishing Co (247 FSupp 595, 1965) 20 Arkansas 194-195.


61.9. New York Times Co v Sullivan (376 US 254) Facts: VIII DOCKET 9—IX DOCKET 42. Case note: 50 Marquette 556-559.
61.11. NY Times v Connor, Birmingham, Bessemer City Commrs (CA 5) (365 F2d 567) Facts: X DOCKET 19—XII DOCKET 1. Case note: 52 Iowa 1034-1042.
61.17. Franklin v Paradise American Legion Post 259 (Butte Co Super Ct, Calif, ##39103, 39906) Feb 1962: Pl social studies teacher took group of students to human rights conference sponsored by Am Friends Service Comm. Feb-Oct, 1962: Def-Legion and officers wrote letter to newspaper attacking conference, allegedly attacked Pl in written and spoken statements. Oct 1962: Pl won patriotism award from Natl Freedoms Foundation. Oct 21, 1962: Pl sued for defamation, &850,000 damages. Feb 20-21, 1964: Calif Assembly Comm hearings (Ryan) on alleged attacks on Pl and academic freedom. Apr 17: Ct dismissed 13 charges, ordered 13 Defs to answer 7 charges. 1967: After trial, verdict for Pl: &16,500.

Robert Hoffman, Esq, 179 E 6th St, Chico, Calif.
61.18d. Pauling v Globe-Democrat (USSC) (362 F2d 188, 388 US 909) 1961: Pl filed suit for publication of allegedly defamatory
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letters. Mar 19, 1964: ED Mo held for Def. On appeal 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 conetempt 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 publicly expressed views on matters of public concern? June 12, 1967: USSC denied cert.

John Raeburn Green, Lewis C Green, Thomas C Coleman, Esqs, 314 N Broadway, Boatman's Bank Bldg, St Louis, Mo.

Case notes: 16 Buffalo 496; 32 Missouri 154; 42 Washington 654; 13 Wayne 392.
61.26. John Birch Society and Welch v NBC (Fort Worth) (ND Tex, CA-4-336, 337) Oct 6, 1964: Pls sued for libel and slander, alleging Huntley and Brinkley linked Pls to criminal conspiracy to purchase arms; asked &4 million damages. Pending after preliminary motions by Def.

Cantey, Hanger, Gooch, Cravens & Scarborough, Esqs, 1800 First Nat'l Bank Bldg, Fort Worth.
61.27. Dan Smoot v League of Women Voters (Grand Traverse) (CA 6, #16565) Def-League urged, in monthly bulletin and local newspaper, that Pl's TV program be viewed "with a critical eye." Mar 9, 1964: Pl filed libel suit for &1 million. Sept 25: DC denied continuance past Oct 14: issue should be resolved before Nov election so that libel suit would not operate as political weapon to diminish League's effectiveness. Oct 12: DC denied Pl's motion to dismiss with prejudice; Def entitled to vindication of its name by trial. Dec 30: CA reversed; ordered dismissal: abuse of discretion to deny Pl dismissal with prejudice. Defs filed "assessment of costs" in DC, including atty's fees, due to vexatious bad faith of Pl. Pl filed for writ of prohibition to prevent DC h'g Def's motion. Dec 13, 1965: CA issued writ: DC does not have discretion to award atty's fees in legal (as opposed to equitable) proceedings when not authorized by statute.

Harold S Sawyer, Charles E McCallum, Esqs, 300 Michigan Trust Bldg, Grand Rapids.
61.29. Walker v Associated Press (USSC, #150-'66) (393 SW2d 671, 388 US 130) Sept 1962: Massive riot by whites at U of Miss when fedl marshals helped admission of first Negro student (Meredith v Fair, 522.Miss.1, VI DOCKET 122—VIII DOCKET 47, 306 F2d 374 (1962)). Def distributed news dispatch that Pl, former Genl, personally led charge against marshals. Je 1964: Pl filed libel suit for &2 million compensatory and punitive damages. Trial ct instructed jury: compensatory damages awardable if dispatch not substantially true; add punitive damages if actuated by ill will, entire want of care. Jury verdict for Pl: &500,000 compensatory, &300,000 punitive. Trial ct set aside punitive damages; held inapplicable New York Times v Sullivan, 61.9, IX DOCKET 42, 376 US 254 (1964). Both sides appealed; Tex Ct of App aff'd; Tex Sup Ct denied writ of error. Je 12, 1967: USSC (9-0) reversed; Harlan, J (for 4): see joint opinion with Curtis, 61.29a. Warren, CJ, conc: Pl cannot recover under NY Times test; Pl was "public man in whose public conduct society and the press had a legitimate and substantial interest." Black, J (Douglas, J), conc with Warren but would reject NY Times test. Brennan, J (White, J), conc.
61.29a. Curtis Publishing Co v Butts (USSC) (225 FS 916, 351 F2d 702, aff'd 388 US 130) Def published article in SatEve Post that Pl, well known athletic director of state Univ, pd by private assn, fixed game. Pl brought diversity libel suit: &5 million compensatory and &5 million punitive damages. Issues at trial: truth of article, method of its preparation. Jury verdict for Pl: &60,000 general and &3 million punitive damages. Trial ct reduced to &460,000 by remittitur. After USSC decision in New York Times, 61.9, 376 US 254 (1964), Def moved for new trial; rejected: NY Times inapplicable; evidence of reckless disregard for truth. CA 5 affirmed (2-1). Je 12, 1967: USSC affirmed, Harlan, J (for 4): (1) Altho Def may have known about NY Times case before USSC decision, failure to mention it not knowing waiver; (2) different standards required for "public officials" and "public figures"; (3) new test for "public figure" who is not "public official": he may also recover damages for defamatory falsehood whose substance makes substantial danger to reputation apparent, on showing "highly unreasonable conduct constituting ... extreme departure from ... standards of investigation and reporting ordinarily adhered to by responsible publishers"; (4) Def did not satisfy standards.

Warren, CJ: (3) new test unworkable as guide for juries, does not afford First Amdt protection for speech and debate; (2) no basis in law, logic, or First Amdt policy for adopting separate standards of proof for "public figures" and "public officials" because of recent "blending of positions and power" of gov'tal and private sectors; (1) Def did waive First Amdt defense; (5) reviewing facts, USSC should affirm judgment for Pl under NY Times test; conc in result.

Black, J (Douglas, J), diss; agree with Warren on (3); (5) USSC should not review factual questions, should abandon NY Times and adopt rule: First Amdt intended to leave press free from harassment of libel judgments.

Brennan, J (White, J) agreed in part with Warren, would remand for new trial re jury instructions.

Herbert Wechsler, Esq, 435 W 116th St; William P Rogers, Esq, both of NYC.

See joint opinion in Walker, 61.29.
61.29b. Associated Press v Walker (USSC, #306) (191 SW2d 727) Facts similar to 61.29. Oct 29, 1965: Jury rendered verdict of &2,250,000. La Ct of App affirmed: record shows Def's account was libelous per se, made with knowledge of their falsity or reckless disregard for truth, hence with actual malice, reduced verdict to &75,000. Oct 16, 1967: USSC reversed, per curiam; remanded for further proceedings not inconsistent with USSC decision in Curtis Publishing Co, 61.29a, and Walker, 61.29b, 388 US 130, 170 (1967).

William P Rodgers, Leo P Larkin, Stanley Godofsky, Guy C Quinlan, Arthur Moynihan, Esqs, all of NYC.
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
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of ethics, good conscience, Christianity. June 16, 1965: h'g. Aug 2: Def moved to dismiss: suppression of Def's book would violate First Amdt. Pending.

George F Douglas, Jr, Faller and Douglas, 27 W High St, Carlisle, Pa.
61.31. Gilligan v M L King, Farmer, CORE, Gray, Epton, Progressive Labor, Harlem Defense Council (App Div, 1st Dept) Jy 16, 1964: Pl policeman fatally shot Negro youth: 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." Defs moved to dismiss. Sup Ct partially denied motion. Appeal pending: comment characterizing Pl as "murderer" is privileged under First Amdt; Pl acted in official capacity and created notorious public event.

Alan Latman, Nanette Dembitz, Esqs, 156 Fifth Ave, NYC, for ACLU as amicus.

And see Epton, 54.9, 54.9a, 54.9b; Barnett, 333.20.
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, 598 Madison, NYC.

And see Epton, 54.9, 54.9a, 54.9b; Barnett, 333.20.
61.36. Dodd v Pearson, Anderson (DC DC) Apr 1966: Pl brought conspiracy and libel suit against Defs, newspaper columnists. DC granted Pl's motion to limit attendance at discovery deposition sessions to witnesses, atty's, and litigants. Jan 15, 1968: jury found for Def: no invasion of privacy because of Pl's position as public official.

John F Sonnett, Esq, 1000 Vermont Ave NW; Warren Woods, Esq, 1735 K St NW, both of Washington, DC.
61.38. Heine v Raus (261 FS 570) (DC Md) Def, Estonian emigre and employee of CIA, described Pl, Estonian emigre, as Soviet spy. Nov, 1964: Pl filed &110,000 defamation suit. Def moved for summary dismissal: as Gov't official acting properly within scope of his duties, Def has "absolute immunity" from slander suit. DC demanded CIA "go as far as it can go" in authenticating its claim to immunity for Def by specifying exact nature of its instructions to him. Apr 25, 1966: Def filed series of affidavits to satisfy Ct. Dec 18, 1966: DC dismissed on motion for summary judgment: activities of CIA to protect its foreign intelligence sources are within powers Congress granted to agency.

Ernest C Raskauskas, Robert J Standord, Esqs, Washington, DC.
61.39. Ballard v McCannon (San Diego Super Ct) Pl-doctor charged with raping patient; criminal trial: Pl acquitted. Pl filed civil suit against Def-policewoman: Def contacted various patients of Pl, making slanderous remarks about Pl. Defense: (1) Def acting within scope of employment, (2) Def privileged. Pl requests &5,000,000. Aug, 1967: Pending.

Gostin and Katz, Esqs, 540 6th, San Diego, Calif.

And see cases at 304.
61.40. Minsky v Stroden (Cook Co Cir Ct, #66-L-14547) Feb 3, 1966: Illinois FEPC held public h'gs on its rules and regulations. Def, president and owner of employment service corp, appeared at h'g of his own accord and spoke to Commn members about Pl, former acting director and legal counsel of Commn, complaining about Pl's method of checking Def's employment records since no complaint filed against Def with Commn. Feb 9, 10: part of Def's statements published in Chicago Daily Tribune. Pl filed libel suit: (1) Pl injured in reputation and good standing in profession as direct result of false, malicious, defamatory statements of Def in sum of &50,000, (2) Pl prays for &65,000 damages and costs. Pending.

Elmer Gertz, Esq, 120 So LaSalle St, Chicago.
61.44. Alabama v Reynolds (Recorders Ct) Def, SCLC worker, picketed store which refused to serve Negroes with sign "Why Support the KKK?"; arrested: criminal libel. Def convicted, fined &250. Appeal pending.

Donald A Jelinek, Esq, LCDC, 31½ Franklin St, Selma, Ala 36701.
61.45. Peet v Tocsin (San Francisco Super Ct, #544354) 1966: Def-publication allegedly libelled Pl-minister, officer of Methodist Federation for Social Action, as "Communist dupe." Pl served interrogatories demanding names of financial backers. Super Ct granted motion to compel answer. Ct of App affirmed. Calif Sup Ct affirmed. Def answered interrogatory.

Vincent Hallinan, Esq, 345 Franklin St, San Francisco 94102.
61.46. Hallinan v Patrick (San Francisco Super Ct, #574150) Def broadcast on TV in gubernatorial campaign that Pl was "paid agent of Castro conspiracy." Jan 5, 1967: Pl brought &2 million slander suit: admiration for Castro not based on avarice and cupidity. Pending.

Terrence Hallinan, Esq, 345 Franklin St, San Francisco 94102.
61.47. Lombardo, Mullally v Stoke, NYC Bd of Higher Educ (Queens) (NY Ct of App) Pl-professors complained they had been denied promotion because of anti-Catholic prejudice. Oct 1960: Def-college president issued press release about complaint. Pls filed libel suit. Sup Ct, App Div dismissed. Nov 29, 1966: Ct of App affirmed: Bd had absolute privilege to comment publicly and Stoke agent of Bd.
61.48. Ranous v Middleton, Wis School Bd, Hughes (Cir Ct) Nov, 1963: Pl allegedly shook student who was crying about Pres Kennedy's assassination, commented "she didn't like him, didn't vote for him, and he wasn't such a great president." Def sent letter of dismissal to her. Pl sued: letter defamed her by impugning her patriotic integrity; was wrongful breach of contract; Bd abused privilege by including letter in Bd minutes. Dec 3, 1966: jury awarded Pl &18,000.
61.49. Carroll v Princess Anne Co (USSC, #689) (247 Md 126) Aug 6, 1966: Before trial of Negro for rape, Nat'l States Rights Party held peaceful evening rally in front of cthouse, shouted threats to Negro onlookers; planned one for next evening. Aug 7: town, Co officials issued ex parte injunction forbidding Party to hold meeting for 10 days until matter heard in Cir Ct. Aug 17: at h'g, testimony that 25% of crowd was Negro, violence feared, though speakers specifically
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denounced violence. Cir Ct enjoined Party from holding any rally for 10 mths. Md Ct of App affirmed temporary order, reversed permanent one: unreasonable time period considering circumstances. Nov 5, 1967: Petition for cert filed: temporary injunction was prior restraint of free speech; unconstitutional for lack of clear and present danger. Pending.

Melvin L Wulf, Eleanor Holmes Norton, Esqs, ACLU, 156 Fifth Ave, NYC; William H Zinman, Esq, 500 Equitable Bldg, Baltimore.
61.50. Arkansas v Baker (Pulaski Co Cir Ct) Mar 23, 1967: Defs, 2 newsmen, refused to give grand jury names of state legislators who had allegedly given them confidential information about attempted bribes on anti-gambling bill, arrested. Defs went before Cir Ct, refused again to divulge their sources, citing state law allowing reporter to refuse to divulge source of article to grand jury unless it proved article written maliciously or in bad faith. Defs held in contempt, sent back to jail.

And see Price, 373.24.
61.51. Becker v Philco Corp (USSC) (234 FSupp 10, 372 F2d 771, cd 88 SCt 408) Pls worked for Def; Def had contract with Dept of Defense; Dept to safeguard classified information (Exec Orders 10,865, 10,909), issued Industrial Security Manual requiring contractors to maintain security controls, report problems. Pls sued Def, alleged Def defamed them by false and malicious statements in report to Dept; Pls lost security clearance; Def discharged Pls. DC dismissed: Def's communication to Dept absolutely privileged. CA 4 affirmed. Dec 4, 1967: USSC denied cert. Warren, CJ: "This is an important case affecting the rights of millions of workers to vindicate their reputations and to make a living in the military-private industrial complex"; "I can see absolutely no justification for granting to a corporation contracting with the Gov't a greater privilege to defame than we have accorded to private citizens in commenting upon the conduct of public officials. This seems to me to be a complete inversion of First Amdt rights. A qualified privilege is clearly sufficient. . . . Since the Dept of Defense has no disciplinary power over the employees of a private corporation for defamatory statements, internal sanctions are unlikely." Douglas, J, diss.
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.

Notes: Pre-emption doctrine not applied to defamation suits in context of organizational campaign: Linn v United Plant Guard Workers, Local 144 (86 Sup Ct 657, 1966): 38 Colorado 619-622; 44 Texas 1400-1405; 20 Arkansas 195-196; 45 Oregon 144-148.


62.6a. Social Service Employees v Dumpson (NY App Div, 1st Dept) 1966: Pl brought suit challenging constitutionality of Condon-Wadlin Law forbidding strikes by public employees, requiring public employees who have participated in strike to work 2 days without pay, up to 30 days, for every day out on strike. Appeal pending.

Judith Vladeck, Esq, 170 Fifth Ave, New York.

And see Minn Fed of Teachers, 25.17.
62.7. DiGiorgio Corp v National Farm Workers Assn (Tulare Co Super Ct) March 15, 1967: Pl sought injunction against Def strikers picketing along public highway. Ct denied injunction.
63. By Injunction in Racial Situations
(see also 40s, 550s)
63.7. Wyatt T Walker v Birmingham (USSC) (181 So2d 493, aff'd 388 US 307) Defs, Negro ministers, sought parade permits; City officials denied them. Apr 10, 1963: City officials sought ex parte injunction against 139 individuals, 2 organizations continuing to sit-in, kneel-in, picket private stores, violate ordinance and statutes. Cir Ct granted TRO against mass processions without city permit. Apr 11: 5 of 8 Defs served with copies of writ; held press conference declaring intention to disobey injunction; held meeting to plan march. Apr 12-14: large parades held, Defs participated, little violence. Apr 15: Defs moved to dissolve injunction; City sought contempt citations against Defs; Defs argued injunction overbroad, restraint on free speech, parade ordinance unconstitutional and administered unconstitutionally. Cir Ct held Defs: (1) had not filed motion to dissolve injunction, (2) had not sought permit for parades, found Defs in contempt: 5 days and &50. Ala Sup Ct affirmed. Je 12, 1967: USSC affirmed (5-4), Stewart, J: Cir Ct had jurisdiction over Defs, citing Howat v Kansas, 258 US 181, Cox v La (1965) 379 US 536, Cox v New Hampshire, 312 US 569; USSC will not consider merits of Defs' constitutional claims because of (1) and (2): "This Court cannot hold that the Pets were constitutionally free to ignore all the procedures of the law and carry their battle to the streets."

Warren, CJ (Brennan, Fortas, JJ), diss: "I dissent because I do not believe that the fundamental protections of the Constitution were meant to be so easily evaded, or that `the civilizing hand of law' would be hampered in the slightest by enforcing the First Amdt in this case. . . . Indeed, it shows no disrespect for law to violate a statute on the ground that it is unconstitutional and then to submit one's case to the cts with the willingness to accept the penalty if the statute is held to be valid"; ordinance unconstitutional on its face; injunction contains same language; Howat is distinguishable and see In re Green (1962) 369 US 689.

Douglas, J (Warren, CJ, Brennan, Fortas, JJ), diss: "The rich can buy advertisements in newspapers, purchase radio or television time, and rent billboard space. Those less affluent are restricted to the use of handbills . . . or petitions, or parades, or mass meetings. This [First Amdt right] ... was flouted here."

Brennan, J (Warren, CJ, Douglas, Fortas, JJ), diss: Ala Ct of App held earlier ordinance void for vagueness, in Shuttlesworth (1965), 55.Ala.4c, 180 So2d 114; USSC has modified traditional rules of standing and prematurity to give First Amdt freedoms breathing space (Dombrowski v Pfister, 380 US 479); "We cannot permit fears of `riots' and `civil disobedience' generated by slogans like `Black Power' to divert our attention from what is here at stake—not violence or the right of the State to control its streets and sidewalks, but the insulation from attack of ex parte orders and legislation upon which they are based even when patently impermissible prior restraints on the exercise of

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First Amdt rights, thus arming the state cts with the power to punish as a `contempt' what they otherwise could not punish at all."

Casenotes: 19 Syracuse 124-126; 17 American U 113-9; 33 Missouri 152-7; 52 California 517-26.
63.21. San Diego Gas & Electric Co v CORE (4th Dist Ct of App) (50 Cal Rptr 638) Jan 1964: Pl sued for injunction against mass picketing and sitting-in in protest of Pl's allegedly discriminatory hiring practices. Jan 17: Super Ct granted preliminary injunction. Apr 11, 1966: Dist Ct of App upheld limitations on number, manner of picketing as justified by evidence in trial ct of "unreasonable interference" with Co's business.

John W Porter, Esq, 1346 Garnet Ave, San Diego.
63.23. Curtis, Grand v Boeger (St Louis) (USSC) (374 SW2d 557, 227 FSupp 438, 236 FSupp 831, 240 FSupp 475, 331 F2d 675, 362 F2d 999, cd 386 US 914) Aug 30, 1963: Pl bank sought injunction against CORE picketing and sit-ins to get Negro tellers. Cir Ct issued temporary restraining order. Sept-Oct 5: CORE continued demonstrations. Cir Ct found 19 Defs in contempt: up to 1 yr, &1,000. Dec 6: Cir Ct issued permanent injunction. Jan 15, 1964: Ct of App denied habeas petitions of Defs—school teachers, attorneys, college students. Mo Sup Ct denied habeas. DC refused to exercise jurisdiction til Defs sought cert in USSC. Mar 2: CA 8 ordered Defs on bail, own recognizance; reversed, remanded, citing Fay v Noia, 452.1, 372 US 391. Mar 31, 1965: DC affirmed Cir Ct holding. 1966: CA 8 affirmed: (1) Taft-Hartley Act does not prevent ct from issuing restraining order to keep status quo pending determination of its own authority to grant injunctive relief; (2) contemnors who did not raise First Amdt issue in state ct cannot do so in fed'l habeas; (3) sentences within state penal statute cannot be attacked in fed'l habeas. Feb 13, 1967: USSC denied cert; Douglas, J, diss.

Charles R Oldham, Esq, 706 Chestnut, Robert B Curtis, Esq, 2847 Union Blvd, both of St Louis.
63.28. Boynton v Clark (Selma) (SD Ala, #3359-65) (10 RRLR 215, 1472, 11 RRLR 1143, 12 RRLR 620) Jan 22, 1965: Negro Pls sued Def-sheriff and others to enjoin their interference with voter registrations project. DC granted temporary restraining order, made clarifying amdt. Feb 26: DC granted leave to add Dallas Co Cir Judge Hare as Def. Apr 26: h'g on motion for further relief, order to show cause why Defs not in contempt of ct order. Apr 10: DC ordered Co Sheriff to disband civilian posse; enjoined Co officials from further interference with civil rights activities. Sept 2: DC found that on Feb 10 Def confronted group of orderly demonstrators, ordered them to disperse, on their refusal, required 4-mile "forced march"; held this action of arresting, harassing, intimidating demonstrators in contempt of Jan order; set &1500 fine; specified if further lacial unrest created, persons causing this condition shall be subject to previous restraining order. Jy 1, 1966: CA 5 vacated and remanded to DC on technical grounds. Feb 24, 1967: Def again held in civil contempt, ordered to pay &1500 to Atty Hall "as partial compensation for losses sustained as a direct result of this contempt of ct," and charged with ct costs.

Peter Hall, Esq, 1630 4th Ave N, Birmingham; NAACP Inc Fund.
63.43. Tracy v Robbins (DC SC, Charleston Div) Sept, 1965: Injunction and declaratory action challenged constitutionality of city picketing ordinance which requires anyone supervising picketing be more than 300 feet from picket line. Apr 14, 1966: dismissed as to Def-Mayor and Def-Town Atty, retained as to Def-Chief of Police. Mar 13, 1967: CA 4 dismissed appeal on dismissals. Pending.

Henry M diSuvero, Esq, ACLU NJ, 45 Academy St, Newark; Russel Brown, Esq, 39 Spring St, Charleston.

And see DeLee, 55.SC.3.
63.50. Madison Parish School Bd v Madison Parish Voters League (Tallulah Dist Ct) Jan 1966: Pl obtained ex parte preliminary injunction against demonstrations at Negro schools; Def filed motions to dissolve or modify injunction. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.

And see Louisiana v Davis, Whyte, 55.La.9.

And see Bogalusa Voters' League, 73.La.1.
63.51. Liberty Grocery v Moore (Leflore Co Cir Ct) Pl-grocery, boycotted by Negroes, sought injunction against Def, member of boycott. May 16, 1966: Ct issued preliminary injunction. Def removed case to DC; pending. Pl-grocery sold to new owner; Def moved to dismiss action and dissolve injunction. Pls moved to substitute new owner as Pl. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.
63.52. Guyot and US v Rainey (Philadelphia) (DC Miss) Je 1966: Pls participated in Meredith Mississippi Freedom March. In Philadelphia, Pls beaten and assaulted while Defs, Sheriff, Deputy, police officers, stood by. Pls sued to enjoin Defs from (1) interfering with march, (2) failing to protect peaceful demonstrators. Je 27: US intervened, DC denied temporary restraining order; but filing of suit resulted in highway patrol protection for marchers. Pending.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
63.53. Chinn v Johnson (Canton) (SD Miss) Jy 16, 1966: civil rights march; Pls, 50 Caucasian and Negro demonstrators, arrested: breach of peace by failure to move on when ordered by police. Pls filed injunction action in 3-judge fedl ct to (1) enjoin prosecutions, (2) declare statute unconstitutional on its face: this kind of statute declared unconstitutional by USSC in Brown v Louisiana, 51.La.6, 383 US 131. Prosecutions continued indefinitely; Pls filed motion for preliminary injunction; Defs moved to dismiss. Pending.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
63.54. Cunningham v Ingram (ND Miss) (12 RRLR 53) Civil rights demonstrators sued state, local enforcement authorities. Jy 22, 1966: DC enjoined Defs from interfering with peaceful protest activities, from withholding protection of those activities, dismissed state charges of parading without permit against members of Pls' class. Aug 24: h'g on charge of civil contempt. Motion for further injunctive relief pending.
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Henry Aronson, Esq, NAACP Inc Fund, 538½ N Farish St, Jackson, Miss.
63.55. 24 Merchants v Civil Rights Organizations (Holly Springs) (DC Miss) Jy 1966: civil rights movement commenced boycott against downtown merchants. Aug: Pls sued Defs, all civil rights organizations and members; state ct granted ex parte preliminary injunction. Defs removed to DC. Picketing resumed; 3 cited for contempt of ct. CA 5 issued temporary stay on contempt proceedings in state ct. Panel of CA continued stay pending decisions in DC.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss 39202.

And see Liberty Grocery, 63.51; Chinn, 55.Miss.17, 17a; Belzoni, 55.Miss.22; Grenada, 55.Miss.24a; Selma Bus Lines, 55.Ala.12; Allen, 64.11.
63.56. Baker v Bindner (WD Ky) (274 FSupp 658) Mar 7, 1967: Demonstrations for Louisville open housing law. Mar 14: City Hall demonstration, demonstrators dragged from building. Apr 11: alderman rejected open housing law. Night marches began in white neighborhoods. Pl-city officials sought injunction, granted. Almost 1000 arrests; parading without permit, disorderly conduct, loitering, criminal syndicalism. Apr 21: 7 leaders held in contempt. June: "marathon sessions" disposed of only 7 cases; 483 postponed to May 13. May 1: 7 leaders jailed to serve 30-hr sentences. May 13: 20 more arrested. Oct: Pls filed class suit for injunction, declaratory judgment, 3-judge fedl ct. Oct 17: Ct (2-1) held unconstitutional Ky criminal syndicalism, vagrancy, banding together for unlawful purpose, acts, Louisville ordinances against parading without a permit, disorderly conduct, loitering: vague overbroad, violate First Amdt; Ct denied that arrests of demonstrators, not hecklers, were discriminatory, gave city 60 days to pass new, constitutional parade ordinance, said Ct "assumed" pending charges will be dismissed in local cts. Arrests continue under breach of peace statute.

Arthur Kinoy, Esq, 511 5th Ave, NYC; Morton Stavis, Esq, 744 Broad St, Newark, NJ; Dennis J Roberts, Esq, for Law Center for Constitutional Rights, 115 Market St, Newark, NJ 07102.
63.57. Jewell v Douglas (18th Jud Dist Ct, Parish of E Baton Rouge, #8988) Apr 21, 1967: Pl filed suit asking for preliminary injunction against NAACP picketing his drugstore. Je: trial.

Louis Berry, Esq, 1406 9th St, Alexandria, La; Robert L Carter and Joan Franklin, Esqs, NAACP, 1790 Broadway, 10th Floor, NYC 10019.
63.58. Grenada School Bd v Civil Rights Groups (ND Miss) Oct 20, 1967: Negro students boycotted 4 schools alleging harassment by white students, administrators: 287 suspended; demonstrations, many arrested. Nov 1: Pls sought injunction forbidding interference with school operation. Ct spoke out against boycott; continued action. Nov 2: Negro students returned to classes. Pending.

Marian Wright, Esq, NAACP, 538½ N Farish, Jackson, Miss.

And see 265 Defs v Grenada, 55.Miss.25.
63.59. US v Ayers (DC Miss) Fall, 1966: DC ordered school desegregation in Grenada. Crowd attacked Negro children, newsmen. 8 Defs charged with violating ct order. Je, 1967: All-white jury found Defs not guilty.
63.60. Moore v Weisman (Philadelphia) (ED Pa, #43120) Merchants sought injunction against Moore and NAACP forbidding street rallies, alleging loss of business. Jy 7, 1967: Administrative Judge granted temporary order. Jy 13: DC ordered City Ct order upheld 10 days, pending hearing. Jy 19: ACLU petition to intervene as amicus denied. Pending.
64. Against Miscellaneous Activities

64.12. Massachusetts v Suzanne Williams (Groton) (Circuit Ct) Jy 21, 1966: Def-17 yr old girl arrested: civil disobedience during launching of nuclear submarine. At arraignment, Def refused to stand up in ct: 30 days for contempt; no opportunity to explain noncooperation. Aug 19: Def dragged into ct; refused to stand, defended actions on ground that ct system perpetuated injustice, punished non-cooperative draftees; additional 60 days for contempt with judge's warning: I'm sure my successor will keep meting it out until you conform. Def, however, released after serving 67 days.

Arnold Klau, Esq, 234 Pearl St, Hartford, Conn.
64.13. Chronicle Publishing Co v Gain (Oakland) (ND Calif) Oct 17, 1967: Demonstrations took place at induction center; police allegedly assaulted newsmen with force and mace, prevented newsmen from gathering news by direction of police chief and others, thus depriving them of rights of press and free speech under First and 14th Amdts. Injunction suit filed against police chief, deputy police chief, mayor, city manager and others "in concert." Oct 18: temporary restraining order issued by DC.

Cooper, White and Cooper, Esqs, 44 Montgomery St, San Francisco.
64.14. Aluminum Co of America v Lincoln Towers Tenants (NY Sup Ct, App Div) Nov 1966: Pl-landlord raised rents. Deftenants hung sheets, aluminum foil from windows in protest. Dec 1966: Super Ct enjoined picketing, demonstration. Jy 8, 1967: App Div affirmed injunction against hanging sheets, foil, held injunction against picketing "entirely too broad."

And see cases at 423.
64.15. Sellars v NAACP (Forsyth Co, NC, Super Co, #34325) Suit for damages based on NAACP's picketing of Pl's store.

Richard C Erwin, Sr, Esq, 1223 Wachovia Bldg, Winston-Salem, NC; Robert L Carter, Joan Franklin, Anne G Feldman, Esqs, NAACP, 1790 Broadway, 10th Floor, NYC 10019.
64.16. Hornstein d/b/a Stanley's Dept Store v NAACP (Victoria) (ED Va, #4819) Sept-Dec 1965: Def boycotted Pl for refusal to denounce KKK. Pl sued for damages: boycott infringed First Amdt right to remain silent. Je 4, 1967: Ct ruled boycott legal; jury found no damage.

S W Tucker, Esq, 214 E Clay St, Richmond.
70. Procedural Problems
Practice tips: Osmond K Fraenkel, Procedural pitfalls in civil liberties cases. CIVIL RIGHTS HANDBOOK pp 31-40.

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

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

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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

71.1. Manchel v Los Angeles (Dist Ct of App, #30082) (245 ACA 522) Persons sought declaration that LA Co ordinance imposing criminal sanctions on persons playing games of chance for money not applicable to persons playing panguingue, to enjoin arrests. Trial ct declared panguingue a game of skill: ordinance inapplicable to Pls' conduct, granted injunction. Oct 10, 1966: DCA reversed: Pls had no standing to test application of criminal statute by civil suit; no invasion of property right; invasion of mere personal rights insufficient. Dec 7, 1966: Calif Sup Ct denied Pls' petition for h'g.

Phalen G Hurewitz, Esq, 9107 Wilshire Blvd, Beverly Hills, California 90210, for ACLU.
72. In Raising and Preserving Constitutional Questions

72.2. Jacobs v New York (USSC) (388 US 431) Defs charged with misdemeanor (violation of obscenity act, NY Pen Law §1141), NYC Crim Ct convicted. Aug 1964: Sentencing: 60 days in Workhouse with execution of sentence suspended, and 1 suspended sentence and fine. Defs paid fine, appealed. Under NY CODE Crim Proc §470-a, suspended sentences can be revoked and replaced by prison sentences only within 1 yr from date of original sentence. Je 12, 1967: USSC dismissed appeal (5-4). Warren, CJ, diss: apparently dismissed for mootness; "The practical result ... is that States may insulate their convictions under laws raising constitutional questions from review on the merits by this Ct by the simple expedient of a suspended sentence where a time limit for the imposition of an executed sentence is short enough to run before an appeal can be taken to this Ct"; Def can be under continual fear of consecutive arrests, misdemeanor convictions, short or suspended sentences; this is particularly dangerous in First Amdt cases and in cases of possible forfeiture (of books, films). Douglas, J, diss: "... we have held that service of a sentence does not render a case moot where the conviction, if allowed to stand, will result in collateral disabilities such as a loss of civil rights"; in terrorem effect will be that "many will choose to comply with what may be an invalid statute." Brennan, J, would affirm. Fortas, J, would reverse.

Emil Z Berman, Esq, 100 William St, NYC 10038.
72.3. Zwickler v Koota (USSC) (213 NE2d 467; 261 FSupp 985, rev'd 88 SCt 391) 1964: Pl arrested: distributing anonymous handbills critical of US Congressman (NY Pen L §781-b). Convicted. Sup Ct, App Term reversed on state law grounds; Ct of App affirmed without opinion. Pl sued for declaratory and injunctive relief that Act unconstitutional on its face; 3-judge fed'l ct convened. Ct (2-1) dismissed, remitting Pl to defend later criminal charges or seek declaratory judgement in state ct. Dec 5, 1967: on direct appeal, USSC reversed (9-0), Brennan, J: (1) abstention doctrine is not appropriate simply because Pl could have asserted his rights in a state ct; (2) abstention doctrine may be appropriate when state ct could construe statute narrowly to save its constitutionality; (3) abstention not appropriate when claim is that statute is over-broad because state ct could not save constitutionality by narrow reading; (4) questions of abstention and injunctive relief are not the same; (5) "We hold that a fed'l dist ct has the duty to decide the appropriateness and the merits of the declaratory request irrespective of its conclusion as to the propriety of the issuance of the injunction"; remanded for DC to decide whether to grant declaratory relief. Harlan, J, conc.

Emanuel Redfield, Esq, 60 Wall St, NYC 10005.

And see cases at 74.
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 pp 72a-72ii.

Note: Removal aspects of cases raising other issues will be reported here, usually using the original DOCKET number.

USSC noted: No. of criminal cases removed from state to fedl cts: 1962—18; 1963—14; 1964—43: 1965—1,192 (incl 1,079 in CA 5).

And see removed cases in other sections.

Article: Frederick J R Heebe, Removal of state criminal prosecutions to fedl courts. 13 Loyola 57-70.

Comment: Removal of civil rights cases. 13 Loyola 134-149.

Proposed Legislation: S 1725 broadens grounds for removal of civil rights cases to fedl cts. Cong Rec—Sen. May 9, 1967, S 6488.


73.Ala.7. Hughley v Opelika (MD Ala) (251 FS 566) 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. DC retained jurisdiction, dismissed prosecution, reasoning that application of relevant ordinance to Pets was unconstitutional denial of rights of free speech, assembly.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
54.16. Selma v Carmichael (SD Ala, N Div, ##15,015-15,017) 12 RRLR 349) Facts: Carmichael, 54.16, p 18. Nov 7, 1966: DC denied removal; held Pets in urging people to vote not exercising right created by 1965 Voting Rights Act or other law providing for equal civil rights; cited Peacock, 55.Miss.5a, 384 US 808 (1966).
73.La.3. Vidalia v Demonstrators (Vidalia) (Mayor's Ct) (DC La) Sept 7, 1966: Defs attended voter registration meeting; arrested. Sept 8, 9: marches to protest arrests on Sept 7; some marchers arrested. Defs removed cases involving voter registration to DC. Pl moved to remand. Pending.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans, La 70113.
73.La.4. Homer v Demonstrators (Homer) (CA 5) Aug 23, Sept 9, 1966: Defs-Negroes participated in voter-registration march to Jonesboro; arrested: parading without permit, disorderly conduct. Defs removed one case to DC: (1) ordinances unconstitutional on their face, (2) voter registration activity affirmatively protected by fed'l law. DC remanded without h'g. Defs sought stay pending review of remand in CA. Pending.

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Defs filed motion to quash 2d case; trial date: Oct 17.

Richard B Sobol, Esq, LCDC, 2209 Dryades St, New Orleans, La 70113.
55.Miss.3. Calhoun v City of Meridian (CA 5, #21,991) (355 F2d 209, 11 RRLR 343) Facts at 55.Miss.3, p 22. Defs filed removal petition in DC. DC remanded to Muni Ct. CA reversed DC remand order: (1) DC in error that removal petitions not timely because not filed before trial and petitions failed to state removable causes; (2) Miss procedure allowing appeal from Police Ct to Co Ct for de novo trial has effect of vacating judgment of Police Ct so Def's petitions were timely; (3) Allegations of discrimination in application of city ordinances sufficient grounds for removal; (4) prosecutions should be dismissed if proved arrests and prosecutions carried out for racial reasons; remanded to DC for h'g.

L H Rosenthal, Esq, 221 President St, Jackson, Miss; Samuel W Fancher, Esq, 716 Old Nat'l Bank Bldg, Spokane, Wash; Bernard J Fieger, Esq, 942 First Nat'l Bank, Detroit.
55.Miss.3a. Brown v City of Meridian (CA 5, #21,730) (356 F2d 602, 11 RRLR 340) Facts: 55.Miss.3a, p 22. Jan 26, 1966: CA reversed DC remand, remanded to DC for further consistent proceedings; held: (1) petitions for removal sufficiently alleged grounds for fedl jurisdiction; (2) technical local rules (eg, petitions must be filed in duplicate) should not be enforced where civil rights involved if requirements operate to bar access to fedl courts.
55.Miss.9a. Mississippi v Hartfield, Anderson (Hattiesburg) (CA 5, ##21811, 21813) Facts at 55.Miss.9a, p 22. 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.

Smith, Waltzer, Jones and Peebles, Esqs, 305 Baronne St, New Orleans.
55.Miss.11. Collins v City of Jackson (CA 5, #21538) Facts: 55.Miss.11 at p 22. 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. Stay granted. Pending.

Smith, Waltzer, Jones & Peebles, Esqs, 305 Baronne St, New Orleans.
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 20: Def removed, DC set &200 bond; Def paid, released. Aug 26: DC granted state's motion for remand, stayed pending appeal. CA affirmed DC's remand order: compelled by Peacock, 55.Miss.5a, 384 US 808. Trial pending in state ct.

Alvin J Bronstein, Malcolm Farmer III, Esqs, LCDC, 603 N Farish St, Jackson, Miss 39202.
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.27. Colored Baptist Association v Indianola School Dist (Sunflower Co) (CA 5, #22817) (369 F2d 795, 12 RRLR 350) School dist held eminent domain proceedings against Pl Baptist Assn. Assn filed removal petition in DC alleging Def Dist will deny fair trial, equal protection, rights under fedl civil rights acts. DC granted Def's motion to remand; Assn appealed. Dec 1, 1966: CA 5 ruled racial equality legislation does not prohibit condemnation suit by school dist, does not confer absolute right on private citizen not to be subjected to eminent domain actions, cited Greenwood v Peacock, 55.Miss.5a, 384 US 808, affirmed DC's judgment.
73.NY.2. Hutchinson v New York (CA 2) (CCH Employment Practices Guide, paragraph 9020) Civil rights Defs demonstrated against job discrimination: arrested; removed to DC. DC remanded. Defs' appeal to CA filed. Sept 20, 1965: Harlan, J, denied application for stay of remand order pending CA appeal. May 18, 1966: CA 2 affirmed remand: record did not indicate state ct bail policy was calculated to discourage or suppress legitimate civil rights activity.
73.NC.3. Hawkins v North Carolina (USSC) (365 F2d 559, cd 385 US 949) Aug 16, 1966: CA 4 held no cause for removal stated under §1443(1) Judicial Code by petition alleging Negro civil rights worker could not obtain fair state ct trial on charge of unlawful interference with voting registration commr and unlawful procurement of registration of unqualified voters despite Pet's allegation he merely rendered requested assistance to commr; made no representations about qualifications; and state's purpose was to harass and deter. Nov 14: USSC denied cert.

Jack Greenberg, Melvyn Zarra, Esqs, NAACP Inc Fund, 10 Columbus Circle, NYC; Prof Anthony G Amsterdam, U of Pa Law School, Philadelphia; J LeVonne Chambers, Thomas Wyche, Charles V Bell, Esqs, all of Charlotte, NC.
73.Va.1. Wallace v Virginia (Prince Edward Co) (USSC) (357 F2d 105, 384 US 891, 11 RRLR 374) Def, Negro law student and law firm employee, attempted to visit Negro demonstrators after their arrest; accosted by deputy sheriffs; arrested: disorderly conduct, assault. Def sought removal to DC under 28 USC §1443, claiming discrimination in arrest while upon lawful business and that trial in state ct would be by jury from which Negroes were systematically excluded. DC denied removal petition. Jan 21, 1966: CA 4 affirmed. Je 20, 1966: USSC granted cert; affirmed (5-4), citing Greenwood v Peacock, 55.Miss.5a, 384 US 808.

James M Nabrit, Esq, Howard Univ, Washington, DC; Charles H Jones, Esq, 109 N Dearborn, Chicago; Melvyn

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Zarr, Esq, 100 Bradford St, NYC; S W Tucker, Esq, and Henry L Marsh, III, Esq, both of 214 E Clay St, Richmond, Va; Anthony G Amsterdam, Esq, Univ of Pa Law School, 3400 Chestnut St, Phila, Pa; Jack Greenberg, Charles Stephen Ralston, George E Allen, St, Esqs, NAACP Inc Fund.
73.Va.2. Virginia v Jones (CA 4, #10117) (367 F2d 154; 12 RRLR 358) Negro inmate allegedly killed prison guard. Def petitioned for removal to DC: death penalty almost always invoked against Negroes, Negroes excluded from juries. DC granted state's motion to remand; Def appealed. Sept 26, 1966: CA 4 affirmed remand, held DC may not grant removal on basis of custom of racial discrimination in judicial process within state, only when state or fedl law causes denial of accused person's rights in state cts.

And see cases at 512.
74. In Obtaining Three-Judge Federal Courts

74.1. Schackman v Arnebergh (USSC) (258 FSupp 983, 87 SCt 1622) Pl sued for declaratory judgment and injunction. CD Cal refused to convene 3-judge fedl ct. Pl appealed to USSC. May 29, 1967: USSC dismissed appeal: proper procedure is review in CA, Idlewild Bon Voyage Liquor Corp v Epstein, 370 US 713.
74.2. Moody v Flowers; Bd of Supervisors, Suffolk County, NY v Bianchi (USSC) (256 FSupp 195, 617; vac 387 US 97) Pls sued, alleging malapportionment in one Co in Ala, one Co in NY; 3-judge fed'l cts convened; decided cases. USSC noted probable jurisdiction on direct appeals under 28 USC §1253. May 22, 1967: USSC vacated (9-0), Douglas, J: USSC has jurisdiction of direct appeals only if cases were "required" to be heard by 3-judge cts; USSC construes 28 USC §2281 to authorize 3-judge ct only when: (1) state statute of gen'l and statewide application is sought to be enjoined, not ordinance or local resolution; (2) state officer performing state function pursuant to statewide policy is real party Def; since these factors not present here, 3-judge cts improperly convened; vacated so Pls may appeal to CAs.

Charles S Rhyne, Esq, 400 Hill Bldg, Washington, DC 20006; Frederick Block, Esq, 1919 Middle County Rd, Centereach, NY; Richard C Cahn, Esq, 425 New York Ave, Huntington, NY.

And see Sailors, 503.Mich.4.

3-judge ct cases: * ct held statute unconstitutional.

Anderson, 421.Ga.3; Baker*, 63.56; Bokulich, 512.Ala.15; Bond, 502.Ga.1; Boyd, 125.33; Brooks, 54.28; Rap Brown, 54.20; Burmeister, 304.NY.29; Cameron, 55.Miss.7; Carmichael*, 51.Ga.8a; Carmichael, 54.16a; Johnnie Chewie, 603.6; Chinn, 63.53; Connor*, 503.Miss.2; CORE, 535.15; Coxe, 282.17; Damico, 421.Calif.22; Del Bourgo, 127.2; Flast, 111.48; Gilmore*, 261.26; Harrell, 421.DC.6; Healey, 255.5; Hobson, 501.DC.1; Hosack*, 281.28; Kramer, 506.2; Krebs, 271.52; Lamont, 295.14; Leary, 57.27; Levitt, 245.15; Levy, 126.14; Loving, 561.6; McPherson, 421.Calif.17; McSurely*, 54.19; Moody, 74.2; Morris*, 503.Ga.5; O'Hare, 111.45; Petersen, 127.5; Professors, 281.21; Reed*, 255.4; Sailors, 503.Mich.4; Schneider, 268.22; Seversmith, 112.29; Smell, 421.NY.14; Smith, 421.Ala.1; Smith, 421.Pa.2; Stallworth, 421.Calif.14; Stamler, 271.50; Sumrall, 125.24a; Thompson, 421.Conn.4; US v Alabama*, 553.Ala.4a; US v Mississippi*, 501.Miss.15; US(Intervenor-Pl) v Sharkey Co Officials, 512.Miss.10; Waggoner, 421.Pa.3; Ware*, 54.22; Washington, 553.Ala.4; WEB DuBois Club, 211.16a; Weiss, 255.2; Wheeler, 421.Calif.18; Whitehill, 281.23; Williams, 421.Miss.2; Williams, 423.Ga.1; Williams, 423.Ga.2; Wirtz, 427.13; Zwickler, 72.3.
90. Miscellaneous Freedom of Thought
Debate: Closed session on CIA. Cong Rec—Sen. Jy 27, 1966, 16581.
90.6. Nick Cipy v Intl Bhd of Teamsters (ND Calif) Dec, 1965: Pl expelled from Union for malicious, slanderous, and unfounded attacks on union officials, harrassment, insults. Suit for reinstatement and damages for wages lost, injury to reputation, emotional distress and embarrassment on grounds of First Amendment and Labor-Management Disclosure Act of 1959 protections. Pending.

Marshall W Krause, Esq, ACLU, 503 Market St; Jerrold E Levitan, Esq, 1231 Market St, Penthouse, Whitcomb Hotel, both of San Francisco.
90.7. New York v Lewis (Queens Crim Ct) 1966: Def carried bumper sticker advocating peace in Vietnam: summons for advertising. Pending.

William Butler, Esq, 400 Madison Ave, NYC.
90.8. Chicago v Stewart (Cook Co Cir Ct, 1st Muni Dist) Def, male transvestite, periodically arrested under city ordinance prohibiting person from appearing in public dressed in clothes of opposite sex. Issue: constitutionality of ordinance. Pending.

Joan Miller, Esq, 5438 S Hyde Park Blvd; Ronald H Silverman, Esq, 19 S LaSalle St, Rm 1421, both of Chicago.
90.9. Re Philip Moran (NY Labor Dept App Bd) Nov 1966: Rel-newspaper editor resigned when chain management insisted he endorse Republican candidate. Rel sought unemployment compensation, claiming voluntary quitting with good cause. Regional office denied compensation: voluntary quit. Dept Referee reversed; "irreconcilable differences of opinion cost Rel his job." App Bd reversed Referee; "Rel knew he lacked complete authority."
FREEDOM OF RELIGION (100-199)
UN DECLARATION OF HUMAN RIGHTS: Art 18

Proposed Legislation: S 3 permits taxpayer suits challenging US aid to church-related schools. Cong Rec—Sen. Apr 11, 1967, S 4822; Je 23, 1967, S 8755.

Article: Donald A Giannella, The religious liberty guarantee. 80 Harvard 1381-1431.

Francis J Conklin: Religious fraud and the First Amdt. 2 Gonzaga 35-62.

And see Yost, 51.NY.39.

110. Separation of Church and State
Article: Philip B Kurland, Politics and the Constitution: federal aid to parochial schools. 1 Land & Water 475-495.

Comment: Public funds for transportation of pupils to private and parochial schools. 18 Mercer 453-460.

Note: What facts constitute "establishment of religion?" Truitt v Bd of Pub Works (221 A2d 370, 1966). 52 Cornell 814-826.

111. In Education
Articles: Paul G Kauper, Religion, higher education and Constitution. 19 Alabama 275-297.

Comments: Religious exercises and public schools. 20 Arkansas 320-353.

Textbook loans to parochial schools. 32 Brooklyn 362-386. Elementary and Secondary Education Act: implications of

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trust-fund theory for church-state question raised by Title I. 65 Michigan 1184-1205.

Fed'l aid to church-affiliated colleges, universities. 19 S Carolina 231-48; 16 De Paul 409-20; 11 St Louis 464-74.

The Amish and compulsory education. 53 Virginia 925-952.

Notes: Public aid to sectarian colleges: Horace Mann League of US v Bd of Pub Works (220 A2d 51, 1966). 62 Northwestern 253-63.

State legislature may not require local school boards to lend textbooks to parochial school pupils: Bd of Educ v Allen (273 NYS2d 239, Sup Ct 1966). 20 Vanderbilt 640-46.

Study: Legislative Reference Service, American Law Div, Library of Cong; HR 8983 blocks grants to states for education, conflicts with state constitutional prohibitions against sectarian use of public funds. Cong Rec—House. May 18, 1967, H 5760.


111.29. Balgooyen v Los Gatos Joint Union High School Dist (Ct of App, 1st App Dist, Div 1, #22,813) 1962-63: Lengthy debate over propriety and legality of vesper services on public school property with participation of students and Christian clergy, and in connection with high school graduation. Apr 22, 1963: Co Counsel ruled use of school property by community organizations for vesper services not contemplated by Calif's Civic Center Act. Def-trustees rejected advice of Co Counsel, approved vesper services for June 1964 if sponsored by PTA. May 1964: Pl-parent of high school student sued. June 5: Super Ct granted temporary restraining order. June 8: Services held off school property. Sept 21: Super Ct denied permanent injunction: when public school property is not being used in the educational process it is ordinary public property, and First Amendment does not require restruction of its use. On petition for h'g in Calif Sup Ct, assigned to DCA. Argument: Apr-May, 1966. Pending.

Phillip Hammer, Esq, 300 W Hedding St, San Jose.
111.35. Horace Mann League v Maryland Bd of Public Works (USSC) (220 A2d 51, 385 US 97) Md legislature approved bond issue for &2.5 million to construct facilities at 4 colleges affiliated with churches. Pl filed suit alleging expenditure of tax revenues in this manner violates Md Const, First Amdt. 1966: Md Ct of App held: (1) grants for construction of dorms and classrooms at church-affiliated colleges that are not "sectarian" do not violate First Amdt establishment clause; (2) such grants at church affiliated colleges that are "sectarian" do violate establishment clause. Nov 14, 1966: USSC denied cert, dismissed appeal on (1), (2).

Leo Pfeffer, Esq, 15 E 84th St, NYC.

Casenote: 51 Minnesota 962-7.
111.39. Stearns Co Bus Case (Minn Dist Ct) 1966: Action to declare unconstitutional statute allowing bus transportation of private and parochial students by 2 Minn school districts. Pending.

D Haglund, Esq, 6500 5th Ave South, Wayzata, Minn.
111.40. Bd of Educ, Central School Dist No 1, NY v Allen, Rock (USSC) 1965: Statute passed requiring local public school bds and dists to purchase and, on individual request, to loan textbooks to all pupils including parochial pupils, in grades 7 to 12. Pl-school bd sued for (a) declaratory judgment that statute violates First Amdt and NY Constitution, (b) injunction restraining Def-state Commr of Education from appropriating moneys for acquisition of textbooks to use under program. Def moved to dismiss: (1) Pl lacks standing to sue, (2) statute benefits child, not school. Pls moved for summary judgment. Aug 26, 1966: Sup Ct granted Pls' motion, denied Defs' motion, held statute violated fedl and state constitutions. App Div reversed unanimously, 3 judges on standing issue, 2 on constitutionality. Je 1, 1967: Ct of App affirmed App Div (4-3): Pl had standing, but statute constitutional: secular texts "neutrally" provided to all pupils regardless of type of school they attend. Aug 7: Appeal to USSC filed. Pending.

Marvin E Pollock, Esq, 80 Pine St, NYC 10005.
111.41. Bowerman v O'Connor (RI Sup Ct) 1963: Rhode Island adopted statute directing local school comms, on request, to loan textbooks to all pupils in community, including parochial pupils. 1965: Pls, taxpayers, sued for declaratory judgment and injunction restraining Defs, members of local school bd, from using public funds for other than public schools. Sept 27, 1967: Super Ct held statute violates fedl and state constitutions. Appeal pending.

Harold E Adams, Esq, 302 Union Trust Bldg; William J Sheehan, Esq, 530 Hospital Trust Bldg; Milton Stanzler, Esq, 626 Industrial Bank Bldg; all of Providence, Rhode Island 02903.
111.42. DeSpain v DeKalb Co Community School Dist 428 (USSC) 1965-1966: kindergarten class recited verse of thanks daily. Mar 25, 1966: Pls, taxpayers and parents of child in class, sued in class action for injunction restraining Defs from allowing recitation to continue: verse a religious exercise in violation of First Amdt, state constitution. May: trial. Je 27: ND Ill dismissed on merits. Jy 26: CA reversed; stayed mandate pending petition for cert. Oct 23: Defs filed for cert.

Ralph Jones, Esq, One North LaSalle St, Chicago 60602.
111.43. Calvary Bible Presbyterian Church of Seattle v Univ of Washington (Kings Co Super Ct) Def-Univ offers course on `The Bible as Literature.' Pls, 2 churches and pastors, sued for injunction enjoining Defs from authorizing "any course of instruction dealing with historical, geographical, narrative or literary features of Bible": choice of texts, manner of presentation necessarily involve theological, religious considerations, violate state constitutional prohibitions against use of public money for religious worship, exercise, instruction. Def moved to dismiss: failure to state cause of action, lack of standing of Pl-churches. Ct dismissed Pl-churches; denied other motion. ACLU amicus brief: Pls' interpretation of constitution violates academic freedom. Je 14: Ct dismissed complaint on merits. Appeal to Wash Sup Ct pending.

Douglas J Smith, Esq, 1300 IBM Building; Michael H Rosen, Esq, for ACLU, 2101 Smith Tower, all of Seattle, Wash 98104.
111.44. Utevsky v Seattle School Bd (King Co Super Ct) 1966: Suit challenging constitutionality of Public Schools having compulsory assemblies during regular school hours addressed by evangelist and Fellowship of Christian Athletes. Case became moot before trial; dismissed.

Irving Paul, Esq, ACLU, 2190 Smith Tower, Seattle.
111.45. O'Hare v Detroit Bd of Educ (ED Mich) 1966: Def to provide
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from tax money auxiliary school services (speech correction, teacher-counsellor) to non-public, parochial schools. Pls, Negro and white parents, teachers seek 3-judge fedl ct, injunctive relief: such expenditures for parochial schools violate Free Exercise and Establishment Clauses; involuntary assignment of teachers to parochial schools violates their religious freedom; Detroit parochial schools do not provide integrated education. State Atty Genl, parochial school parents intervened as Defs. 3-judge ct denied intervenors' motion to dismiss, granted motion to abstain from determination pending state ct construction of statute. Petition for mandate pending in state ct.

Erwin Ellman, Esq, 1800 Penobscot Bldg, Detroit.
111.45a. Special Dist for Educ and Training of Handicapped Children of St Louis Co v Wheeler (Cole Co Cir Ct) Pl-Dist supplies speech therapy classes. 1963-1964: service supplied in nonpublic schools. 1964-1965: services for nonpublic schools supplied in public school bldgs during regular school hrs. Def-state education officials refused to approve payments of state aid to Pl. Pl sued for declaratory judgment, recovery of disallowed payments. Oct 12, 1965: Ct ruled Pl not entitled to state aid: applicable Mo statutes do not permit such instruction during school hours; if statutes construed to permit establishment of such classes in parochial schools, they would contravene provisions in Mo Constitution prohibiting use of public funds for religious purposes. State Atty Genl intervened, filed petition for reh'g; denied. Pl appealed. Sept 12, 1966: Sup Ct affirmed.

James M Douglas, William G Guerri, Richard W Metz, Esqs, 705 Olive St, St Louis, Mo.
111.46. Alexander v Bartlett (Mich Ct of App) Pls challenged constitutionality of state school bus act providing use of public funds for transportation of students to parochial schools under First Amendment establishment clause. Defs moved for summary judgment. Cir Ct granted Defs' motion; denied reh'g. Appeal pending.

Kenneth Laing, Esq, 1504 Michigan Natl Tower, Lansing; Erwin Ellman, Esq, 1800 Penobscot Bldg, Detroit, 48266; Leo Pfeffer, Esq, Am Jewish Congress, 15 East 84th St, NYC 10028.
111.46a. Spears v Honda (Hawaii Cir Ct, 1st Cir, #17705) Facts and issues similar to 111.46. Oct, 1967: trial; decision pending.

Donald A Beck, Esq, P O Box 939, Honolulu 96808.
111.46b. Haverkamp v Page (DuPage Co Cir Ct) Facts and issues similar to 111.46. Issue: Are US and Ill constitutions and Ill School Code §22-10 (prohibiting grants in aid of church or sectarian purposes), in conflict with Ill School Code §29-4 which permits transport of parochial school pupils only to extent presently operating school buses have excess capacity, limits service to students living 1½ miles or more from schools on established bus routes? Pending.

Byron S Miller, Esq, 33 N LaSalle St; Milton I Shadur, Esq, 208 S LaSalle St; Harry S Miller, Esq, 22 W Monroe St, all of Chicago.
111.46c. McCanna v Sills (Bergen Co Super Ct) Facts and issues similar to 111.46. Pending.

Robert D Gruen, Esq, 15 Main St, Hackensack, NJ 07601.
111.46d. Fox, Jecker v Bd of Educ (W Milford) (NJ Super Ct) Facts and issues similar to 111.46. Jan 19, 1967: trial ct held for Pls: NJ bussing statute, as shown by legislative history, intended parochial school bussing only where incidental to transportation of public school children, between points on public school routes. No appeal taken.

Robert D Gruen, Esq, 15 Main St, Hackensack, NJ.
111.46e. Honohan v Holt (Franklin Co Ct of Com Pleas) Facts and issues similar to 111.46 re 1966 Ohio School Bus Law. Pending.

Bernard A Berman, Esq, Suite 1320, Superior Bldg, Cleveland 44114; John Childers, Esq, 40 South 3rd St, Columbus; both for ACLU.
111.46f. Taylor, Baker v Bd of Educ (W Clermont) (Clermont Co Ct of Com Pleas) Facts and issues similar to 111.46. Defs moved to dismiss. Dec 1, 1967: decision on motions pending.

Nichols, Spiedel and Nichols, Esqs, Hamilton Bldg, Batavia, Ohio 45103.
111.46g. Rhoades v School Dist of Abington Township #65 (USSC) Facts and issues similar to 111.46. Jan 17, 1967: Sup Ct issued consolidated decision; held Pa 1965 School Bus Law did not violate either state or US constitutions: bussing statute essentially welfare measure to protect students from various perils as they travel to school. Oct 9: Pls' appeal to USSC dismissed.

Victor J Roberts, Esq, 40 East Airy St, Norristown, Pa; Leo Pfeffer, Esq, Am Jewish Congress, 15 East 84th St, NYC 10028.
111.46h. Worrell v Matters (USSC) (cd 88 S Ct 36) Facts and issues similar to 111.46. Case consolidated with Rhoades, 111.46g. Jan 17, 1967: Sup Ct held statute constitutional. Oct 9: USSC denied cert.

William P Thorn, Esq, 150 Allandale Rd, King of Prussia, Pa; Leo Pfeffer, Esq, Am Jewish Congress, 15 East 84th St, NYC 10028.
111.46i. Eininger v School Dist of Philadelphia (Ct of Com Pleas) Facts and issues similar to 111.46. Action held in abeyance pending outcome of Rhoades, 111.46g, and Worrell, 111.46h. Pending on issues not raised in those cases.

Walter J Rabin, Esq, 1529 Walnut St; W Joseph Harrison, Esq, 123 So Broad St; Norman Bradley, Esq, 23rd Floor, Packard Bldg; all of Philadelphia, Pa; Rayond Jenkins, Esq, 140 E Butler St, Ambler, Pa.
111.48. Flast v Gardner (NYC) (USSC) Dec 1, 1966: Pls, taxpayers and a parent of children attending NY public schools, sued for 3-judge ct, declaratory judgment, injunction barring Defs, HEW Secy and Educ Commr, from approving expenditure of fedl funds to finance instruction or guidance services in parochial schools, or purchase of textbooks, library materials for use in such schools: violates Titles I, II of 1965 Fedl Elementary and Secondary Educ Act, violates First Amdt. Defs moved to dismiss: Pls lack standing to sue. Apr 27, 1967: DC granted Pls' motion for 3-judge ct, referred Defs' motion to dismiss to 3-judge ct. June 20: 3-judge ct (2-1) dismissed: lack of standing. Oct 16: USSC noted probable jurisdiction of appeal.

Leo Pfeffer, Esq, Am Jewish Congress, 15 East 84th St, NYC 10028.
111.48a. Polier v Bd of Educ (NYC) (Sup Ct) Facts and issues similar to 111.48. Pending.
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Leo Pfeffer, Esq, Am Jewish Congress, 15 E 84th St, NYC 10028.
111.48b. Protestants and Other Americans United for Separation of Church and State v US (CA 6) Facts and issues similar to 111.48. Mar 20, 1967: SD Ohio dismissed: fedl taxpayer has no standing to sue in case essentially one to enjoin expenditure of fedl funds, citing Frothingham v Mellon, 262 US 447 (1923). Appeal pending.

Emanuel Nadlin, Esq, 300 Lowe Bldg, 127 So Main St, Dayton, Ohio.
111.48c. Smith v School Dist of Philadelphia (Phila Co Ct of Com Pleas) Facts and issues similar to 111.48. Pending.

Joseph R Siegert, Esq, 1420 Walnut St, Philadelphia, Pa.
111.48d. Carpenter v Gardner (ED Pa) Facts and issues similar to 111.48. Continued by agreement pending USSC decision in Flast, 111.48. Pending.

Stephen B Narin, Esq, 1315 Walnut St, Philadelphia 19107.
111.48e. Yurick v School Dist of Philadelphia (Philadelphia Co Ct of Com Pleas) Facts and issues similar to 111.48. Pending.

Stephen B Narin, Esq, 1315 Walnut St, Philadelphia 19107.
111.49. Clayton v Kervick (Mercer Co Super Ct) 1966: NJ statute created Educ Facilities Authority to assist public and private colleges in providing dormitories, other facilities. 1967: Def-State Treas refused to transfer funds to Auth: statute violates NJ constitution, First, 14th Amdts. Mar 1967: Pls, Auth, Commr of Educ, sued for declaratory judgment of constitutionality, injunction ordering Def to comply with statute. By stipulation, Assn of Independent Colleges and Universities in NJ intervened in support of grants to sectarian schools; taxpayer group intervened in opposition. Pending.

Alfred C Clapp, Esq, 744 Broad St, Newark 07102 (for Def); Lewis Stein, Esq, 13 Maple Ave, Netcong, NJ, Joseph B Robison, Am Jewish Congress, 15 E 84th St, NYC 10028 (for intervening taxpayers).
111.50. Opinion of Justices (NH Sup Ct) 1967: Governor requested opinion on new statute (Chap 421, NH Laws—1967) providing for payment of portion of income derived from State Sweepstakes to private and parochial schools. Pending.

Amicus briefs in opposition by Nat'l Council of Churches, Am Jewish Congress, ACLU.
111.51. Epperson v Little Rock School Bd (USSC) 1928: Ark statute adopted, prohibiting teaching of evolution, use of textbooks in which Darwinian theory discussed; violations punishable by &500 fine, loss of teaching status. Dec 6, 1965: Pl, science teacher, sued for declaratory judgment, injunction to prevent enforcement of statute: violation of First Amdt, free speech, separation of church and state. Defs demurred. State Atty Genl intervened. May 27, 1966: Ct held statute unconstitutional: violation of First Amdt; "truth or fallacy of arguments on each side of the evolution debate does not either contribute to or diminish the constitutional rights of teachers and scientists to advance theories and to discuss them." Je 5, 1967: Sup Ct reversed: statute "a valid exercise of the state's power to specify the curriculum in its public schools"; expressly refrained from deciding whether prohibition is limited to teaching theory of evolution is true. Appeal filed in USSC; pending.

Eugene R Warren, Esq, Tower Bldg, Little Rock 72201.
111.52. Southern v Tennessee (Chancery Ct, Knox Co) Jan 11, 1967: Pl-parent filed complaint attacking 1925 "monkey law" forbidding teaching of evolution in public schools: statute establishes Protestant Fundamentalism as state religion, denies free exercise of religion; mutilation of textbooks to conform to statute is "book-burning repudiation of . . . freedom of the press." Pending.

Tennessee Civil Liberties Union, Box 10423, Knoxville.

Legislation: May 16, 1967—Tennessee repeals statute forbidding school evolution instruction.
111.53. Garber v Kansas (USSC, #393) Def, member of Old Order Amish Mennonite Church, removed 15-yr old daughter from public school in violation of state law re school attendance to age 16. (Ch 409, 1965 Sess Laws; KSA 1965 Supp 72-4801; KSA 72-1106). Daughter enrolled in Amish Parochial Vocational School and Chicago correspondence school. Dist Ct convicted Def: rejected argument state's interest in assuring secondary education not sufficient to justify impairment of Def's religious principles; &5 fine. Kansas Sup Ct affirmed. Oct 23, 1967: USSC dismissed appeal for want to jurisdiction (Warren, CJ, Douglas, Fortas, JJ, diss).

E Dexter Galloway, Esq, 303 First Nat'l Bldg, Hutchinson, Kansas 67501; Marvin M Karpatkin, Esq, 660 Madison Ave, NYC 10021; Eleanor Holmes Norton, Esq, ACLU, 156 Fifth Ave, NYC 10010. Amici: ACLU; Natl Comm for Amish Religious Freedom, Box 669, East Tawas, Mich.
111.54. Hopkins, Goertz v McWilliams (Boerne Co) (Tex Sup Ct) Aug 1966: Def-school dist hired 2 nuns to teach, with understanding they could teach in clerical garb. Pls, local citizens, filed complaint with school bd; h'g date set. Pls requested postponement to take depositions of nuns; granted. Nuns refused to appear for depositions. Pls filed application for interlocutory order directing nuns to submit to depositions; Dist Ct granted order. Nuns petitioned for writ of prohibition against Dist Ct; 4th Ct of Civ App denied writ. Nuns appealed to Sup Ct. 1967: Mother Superior announced nuns could not teach in public schools after 1966-7 school year; Pl group disbanded. Case dismissed as moot.

Gordon L Holland, Esq, Boerne, Texas; Lyndon Olson, Esq, 823 Washington Ave, Waco.
111.54a. 2 Benedictine Sisters v Hopkins, Goertz (Kendall Co Dist Ct) Pls-nuns involved in Hopkins, 111.54, sued for declaratory judgment that it is lawful for nuns to teach in public schools in clerical garb: Texas statute prohibits inquiry as to religious affiliation of public school teachers. Defs filed plea in abatement: matter should first be decided by school district in administrative proceedings.

Gordon L Holland, Esq, Boerne, Texas, Lyndon Olson, Esq, 823 Washington Ave, Waco.
112. In Public Places (and 13, 151, 152, 261)
Proposed Legislation: S 2097 authorizes taxpayer suits in DC DC to determine constitutionality of Fedl aid to church-related institutions. ACLU Press Bulletin #2270, Je 20, 1966.
112.28. Murray and Cree v Goldstein (USSC, ##132, 133) (216 A2d 897, cd 385 US 816) Facts: XI DOCKET 16—XII DOCKET 21. Case notes: 54 Georgetown 1415-22.
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112.29. Seversmith v Machiz (USSC) Aug 1964: Pls, taxpayers, sued for: (1) declaratory judgment that fedl statute granting exemption from taxes on unrelated business income to churches, conventions, associations of churches is unconstitutional; (2) injunction prohibiting Def, fedl dist income tax collector, from granting exemption. Pls moved to convene 3-judge ct; granted. Je 19, 1967: 3-judge ct held (2-1) Pls lack standing. Oct 16: USSC noted probable jurisdiction of appeal. Pending.

Leonard J Kerpelman, Esq, 500 Equitable Bldg, Baltimore; Leo Pfeffer, Am Jewish Congress, 15 E 84th St, NYC 10028.
112.31. Estate of Supple (San Francisco) (Cal Ct of App, 1st Dist, #1 Civ 23453) Testator left &200,000 to Roman Catholic agencies. Heir at law and assignee contested: incompetence; defective execution of will; fraud and undue influence by Church in inducing testation by teaching "ludicrous inventions" about hereafter and means of securing favorable treatment there. Sept 8, 1965: Super Ct sustained Archbishop's demurrer without leave to amend. Contestants appealed: Super Ct denied due process and equal protection in not allowing inquiry into truth of doctrines, good-faith belief in same by Church agents, whether doctrines taught testator were really those of Church (such inquiries into teachings of less influential sects having been permitted); incompetence and defective execution also triable fact issues. Dec 21, 1966: Ct of App affirmed: inquiry into truth of religious beliefs foreclosed by First Amdt; contestants' allegation of "insufficient information" for Church beliefs raised issue of truth, not good faith. Oct 9, 1967: USSC denied cert.

Vincent Hallinan, Esq, 345 Franklin St, San Francisco.
112.32. Protestants and Other Americans United for Separation of Church and State v O'Brien (DC DC) Je 1967: Pls sued to enjoin Postmaster Genl from issuing 1967 Christmas stamp, depicting Mary, Jesus (with hand on Missal) and angels: proposed stamp bordered on "proselytizing for Catholic Church," religious symbol violating First Amdt establishment clause. Sept 14: DC denied injunction: corporate and individual Pls lacked standing; no First Amdt violation (dictum). Pls moved for stay pending appeal; denied. Stamp issued.

Noel H Thompson, Esq, 919 18th St NE, Washington, DC 20006.
112.33. Paul v Dade Co (Fla Sup Ct) Lighted cross placed on Co courthouse every Christmas. 1966: Co Commn appropriated tax moneys for cross. Aug 1966: Pl, taxpayer, sued to enjoin expenditure of public funds for cross: with or without use of public funds, erection of cross on public bldg violates fedl, state constitutions. Def moved to dismiss: private funds donated to cover costs. Nov 15: trial; judgment for Defs on merits. Oct 23, 1967: Dist Ct of App affirmed: cross did not constitute establishment of religion. Petition for cert pending in Fla Sup Ct.

Howard J Hollander, Bernard C Pestcoe, Esqs, 25 W Flagler St, Miami 33130.
112.34. Lowe v Eugene (Ore Sup Ct) 1964: Defs, private citizens, at own expense, erected 51 ft neon-lighted cross in public park to replace wooden cross in same place since 1936. Def-City Council granted building, electrical permits. Apr 1965: Pls, citizens of different religions, sued for declaratory judgment that presence of cross violates First Amdt, injunction restraining Defs from maintaining cross. Defs argued: (1) Pls lack standing; (2) involvement of public authorities too minimal to constitute establishment of religion; (3) cross not religious symbol; (4) granting injunction would require city to take hostile rather than neutral position toward religion. Sept 1966: trial. Feb 18, 1967: Cir Ct held cross illegal encroachment, ordered it removed. Appeal by one of Def-corps that maintain cross. Pending.

Leo Pfeffer, Esq, Am Jewish Congress, 15 E 84th St; Marvin M Karpatkin, Esq, 660 Madison Ave; both of NYC; James P Harrang, Esq, 641 Pearl St; Charles O Porter, Esq, 858 Pearl St; Thomas Mapp, Esq, Univ of Oregon Law School, all of Eugene, Ore; Daniel Pollitt, Esq, Univ of NC, Chapel Hill, NC.
112.35. Lincoln v Page (NH Sup Ct) Oct 1966: Pl-voter sued Town of Meredith and its Moderator to enjoin invocations, other religious practices at town meetings: long-standing practice of opening meetings with invocations by ministers of various denominations constitutes establishment of religion, violates Pl's rights under First, 14th Amdts. Defs demurred. On stipulation, Belknap Co Super Ct approved submission of "reserved case" to Sup Ct. Pending.

Warren E Waters, Esq, 16 Center St, Concord, NH.
112.36. Lazarus v Bd of Commrs (Cincinnati) (Ohio Sup Ct) Def-Co contracted with Order of Franciscan Sisters: hospitals to be constructed by Franciscans to be sold to Def, then leased back to Franciscans to be operated by them as public hospitals. Nov 2, 1965: voters approved bond issue for hospital construction, without being advised of proposed lease-back agreement. Feb 1966: Pl-taxpayer sued for declaratory judgment, injunction restraining bond issuance, public expenditures for construction of sectarian hospitals: violation of First Amdt, state constitution. Feb 22: Ct granted temporary injunction. Mar 16: h'g; Ct terminated injunction, dismissed on merits. May 10: Pl filed notice of appeal; dismissed: Pl failed to comply with procedural requirements. Pl moved for leave to appeal. Feb 1967: Ohio Sup Ct denied motion. Case closed.

Steven Cohen, Esq, Provident Bank Bldg, Cincinnati, Ohio.
112.37. Reynolds School Dist #7 v Gardner (DC Ore) Defs, HEW Secy, US Genl Services Adm, propose under Fedl Property and Administrative Services Act to transfer public land at 10% of market value to Concordia College, religious institution. Pl public school dist applied unsuccessfully for some of land. Mar 7, 1966: School dist and taxpayers brought class suit for injunction preventing transfer: not authorized by Act, unconstitutional under First, Fifth, Tenth Amdts. Defs moved to dismiss: Pls lack standing. Defs announced cancellation of plans to convey. Case dismissed as moot.

Stephen King, Esq, Corbett Bldg; Jonathan U Newman, Esq, 1408 Standard Plaza; Frederick R Merrill, 317 SW Alder St, all of Portland, Ore; Leo Pfeffer, Esq, 15 East 84th St, NYC 10028.
120. Conscientious Objection to War
(see also 356, 362)

Chronological steps in Selective Service Process: Function of lawyer, student deferments, COs in Armed Forces. CIVIL RIGHTS HANDBOOK pp 235:1-134.

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Bibliography: Meiklejohn Civil Liberties Library, Material on Selective Service and military cases. 19 pp. Meiklejohn Civil Liberties Library, Box 673, Berkeley, Calif 94701.

Books: Ginger, The New Draft Law: Manual for lawyers and counselors. National Lawyers Guild. 1967. &10.00; (looseleaf for law students &5.00). Box 673, Berkeley, Calif. 94701. [exactly same text as in CIVIL RIGHTS HANDBOOK pp 235:1-235:134.]

Central Committee for Conscientious Objectors, Handbook for Conscientious Objectors. 2016 Walnut, Philadelphia. &1.

Periodical: The Reporter for Conscience' Sake. 550 Washington Bldg, 15th and NY Ave, NW, Washington, DC 20005.

Referral panels of lawyers—Natl Lawyers Guild: 5 Beekman St, NYC BA 7-0385; 19195 Griggs St, Detroit 965-0050; 3175 W 6th St, Los Angeles DU 5-6111; % Grogan, 2020 Milvia St, Berkeley, TH 5-2823; Law Center for Constitutional Rights, 116 Market St, Newark, 622-1467.

Lawyers Referral Directory 1968. Nat'l Lawyers Guild, Box 673, Berkeley, Calif 94701. &1.15.

Monthly: Counterdraft (for draft lawyers and counselors), 6324 Primrose Ave, Los Angeles 90028. &1 plus contribution.

Selective Service Law Reporter. Public Law Educ Inst, 1029 Vermont Ave NW, Washington, DC 20005. &42 practicing attys; &36 libraries; &18 counseling services, law students, new attys.

1967 MILITARY SELECTIVE SERVICE ACT:

Conference Report: Disagreeing votes on House amdt to S 1432 draft bill. Cong Rec—Je 8, 1967, H 6884; Je 12, 1967, S 8050; Je 14, 1967, S 8161; Je 14, 1967; S 8213; Je 20, 1967, H 7478.

Article: Overhauling the draft system: hard times for the reformers. Science, Jy 21, 1967.

Speech: George E Brown, Six churchmen oppose draft bill. Cong Rec—Appendix. Je 19, 1967, A 3102.

Articles: John P. Hederman, Law school student body presidents answer President's Natl Advisory Commn on draft opinion survey. Jan 1967 Student Lawyer 4.

Col Samuel H Hays, Military conscription in democratic society. Cong Rec—Sen. Mr 13, 1967, S 3625.

Harry A Marmion, Selective service: are there any alternatives? Cong Rec—Sen. My 11, 1967, S 6723.

Mark Hatfield, The draft should be abolished. Cong Rec—Sen. Je 21, 1967, S 8595.

Washington Post: NSA congress votes to organize resistance to draft. Cong Rec—House. Aug 21, 1967, H 10863.

Table: Legislative Reference Service, Comparison of major draft revision proposals. Cong Rec—House. Mr 20, 1967, H 2978.

Conference papers: Ford Foundation Conference on the Draft (Dec 4-6, 1966): The costs and implications of an all-volunteer force; Milton Friedman, Why not a voluntary army? Bruce K Chapman, Politics and conscription: a proposal to replace the draft; Thomas B Curtis, Toward a voluntary career army. Cong Rec—House. Mar 9, 1967, H 2441.

Speeches: Edwin E Willis, Vietnam Draft Hearings Comm plans to disrupt Armed Services Comm hearings. Cong Rec—House. Ap 20, 1967, H 4482.

Thomas B Curtis, Criticism of Clark Advisory Panel on Draft. Cong Rec—House. Jy 24, 1967, H 9199.

Letters: Thomas B Curtis—Secys of Commerce, Defense and Labor; Manpower utilization and the draft. Cong Rec—House. Ja 30, 1967, H 748.

Willard Wirtz, to Thomas B Curtis, Labor Dept and occupational draft deferments. Cong Rec—House. Au 23, 1967, H 11065.

Message to Congress: Lyndon B Johnson, Draft continuation and reform. Cong Rec—House. Mr 6, 1967, H 2137.

Proposed Legislation: S 1432 extends draft, requires local bds to follow fedl deferment guidelines, permits special calls of doctors, dentists; authorizes standby draft into USAR and NG units. Cong Rec—Sen. Ap 5, 1967, S 4611; My 4, 1967, S 6407; My 10, 1967, S 6662; My 11, 1967, S 6734.

Executive Order: Lyndon B Johnson. Permits parole (into armed forces or appropriate civilian work) of selective service violators. The Reporter for Conscience's Sake, 550 Washington Bldg, 15th and NY Ave NW, Washington, DC. May, 1967.

Speeches: Edward M Kennedy, Draft improvement. Cong Rec—Sen. Feb 23, 1967, S 2490; Je 14, 1967, S 8213.

MATERIAL ON SELECTIVE SERVICE SYSTEM:

Articles: Special issue, The Guild Practitioner: Henry N Smith, Conscientious Objection: A layman's view; Neal Blumenfeld, MD, Psychiatric examinations and reports on draftees; Peter Franck, Medical and Psychiatric unfitness for military duty; William G Smith, Lawyers and the classification process; Norman Leonard and Laurent Frantz, Judicial review of selective service orders; Ben Margolis, Trying a selective service case; E A Dawley, Special problems of black draftees; Garwood Smith, Port Chicago trial (Or how I learned to stop worrying and to stall the bombs). Summer 1967. &1.15. Box 673, Berkeley, Calif 94701.

Articles: Formation of the San Francisco Selective Service Panel; US v Tucker et al: Motion to dismiss indictments, Government's opposition to motion to dismiss indictments, order. The Guild Practitioner. Winter 1968. &1.15. Box 673, Berkeley, Calif 94701.

Ann Fagan Ginger, Minimum standards of due process in selective service cases—Pt I, 19 Hastings 1313-48 (1968).

Comment: The Selective Service, 76 Yale 160-99 (1966).

MATERIAL ON VIETNAM WAR:

Statement: State Dept, Re formal declaration of war in Vietnam. Cong Rec—House. My 4, 1967, H 5090.

Senate GOP white paper on Vietnam. Cong Rec—House. My 9, 1967, H 5242.

Proposed Legislation: S Res 151 defines "national commitment" as formal action by legislative as well as executive branches. Cong Rec—Sen. Jy 31, 1967, S 10487.

H. Res 869 demands hearings on presidential scope of authority under Gulf of Tonkin resolution. Cong Rec—House. Aug 10, 1967, H 10329; Aug 14, 1967, H 10467.

Colorado House of Reps, Petition for Cong investigation into basis of Vietnam war. Cong Rec—Sen. Feb 21, 1967, S 2409.

Declaration: Genl Assembly of United Presbyterian Church, Declaration of Conscience on Vietnam. Cong Rec—App. Jy 12, 1967, A 3518.

Address: Chief Justice Earl Warren, Law and Peace. 16 Catholic U 249-255.

Speeches: Henry Steele Commager, John C Bennett, Abraham Heschel, On Vietnam, Key List Mailing p 416, Je 11, 1967. SNCC, 449 14th St, San Francisco, 94103.

Martin Luther King, Beyond Vietnam. Cong Rec—House. My 2, 1967, H 4970.

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Jeffery Cohelan, Escalation will not bring peace. Cong Rec House. My 4, 1967, H 5135.

J W Fulbright, The price of empire. Cong Rec—Sen. Aug 9, 1967, S 11265.

MATERIAL ON GENEVA CONVENTION:

Proposed Legislation: S Con Res 102 declares US prisoners in N Vietnam POWs within 1949 Geneva Convention. Cong Rec—Sen. Jy 21, 1966, 15841.

Statement: Wayne Morse, Protest against Hanoi US prisoner trials, Geneva convention text. Cong Rec—Sen. Jy 18, 1966, 15311.

121. Through Application for CO Status—Before Induction (and see 122, 125, 126, 127, 362)
Book: Ginger, The new draft law pp 235:45-235:64. 1967. Box 673, Berkeley 94701. &10.

Conscientious objector form: Problems, new decisions. CIVIL RIGHTS HANDBOOK pp 235:45-64.

Forms: Motions for acquittal in CO cases. CIVIL RIGHTS HANDBOOK pp 235:101-103.

Speech: George E Brown, Jr, Hearing procedures for COs should be restored. Cong Rec—House. Jy 16, 1967, H 7385.

Eugene J McCarthy, Selective conscientious objection. Cong Rec—Sen. Je 14, 1967, S 8188.

And see Nomland, 259.54; Weitzman, 259.55.


121.44. US v Gearey (USSC, #564) (260 FS 7, 368 F2d 144; 266 FS 161, 379 F2d 915) 1960-1964; Catholic Def given II-S. Apr 6, 1965: Def classified I-A; ordered to report for induction May 5; postponed to Jy. May 21: Def asked Bd for Form 150. Je 7: Bd received Def's completed Form. Je 17: Bd ordered Def to report for induction Jy 8, and for h'g Jy 6. At h'g, Def said he had recently decided to become a CO; Bd voted not to reclassify Def; made no finding whether Def's change of status was beyond his control (32 CFR Reg 1625.2); sent Def no notification required in Reg 1625.4 re refusal to reopen. Jy 8: Def refused induction; arrested. Feb-Mar, 1966: DC rejected offer of proof of Def's sincere CO beliefs, permitted character evidence; convicted: 2 yrs; &2,000 bail pending appeal. Oct 21: CA 2 held: (1) when CO form filed after applicant received induction notice, Bd must determine when Def became CO; (2) strong congressional policy requires meticulous procedural protections for COs, including statutory right to appeal, if CO application timely made; (3) CO prior to receipt of induction order who does not file Form 150 not entitled to reopening and appellate procedure because no change of circumstances beyond his control; (4) registrant may become sincere CO on receipt of induction order, if so, entitled to full review; remanded to DC to determine date Def attained CO position.

DC reinstated conviction. CA 2 affirmed: (1) lateness of CO claim properly considered as factor in denying Def's claim; (2) if Bd rejects claim only because it believes it is not genuine, unnecessary to determine when claim matured; (3) while Def's belief in use of force in self- defense is not inconsistent with CO to participation in war, this is not ground for reversal because other evidence of his opposition to participation in war is not undisputed; (4) DC did not err by refusing to let Def testify, because such testimony would have been irrelevant to issue of thought processes of Bd; mandate stayed pending filing of petition for cert. Nov 13, 1967: USSC denied cert.

Karpatkin, Ohrenstein & Karpatkin, 660 Madison Ave, NYC.
121.46. US v Fargas (SD NY, #66 Cr 792) Je 1, 1966: Def received order for induction Je 13; asked draft bd for Form 150. Je 9: Def filed completed Form 150, interviewed by bd. Je 10: Bd wrote it saw no reason to reopen or reclassify Def. Def filed appeal from denial of CO application. Jy 14: Bd filed summary on refusing to reopen, notified Def of continuing duty to report for induction. Oct 26: Def filed motion to dismiss indictment under Fedl Rules of Crim Proc 12: (1) Sixth Amdt and Rule 7(c) FR Cr P require indictment must clearly, accurately charge every ingredient of offense to inform Def and ct, citing US v Lamont, 271.1, II DOCKET 12, 72, 236 F2d 312 (1956); (2) indictment defective for failure to allege Bd properly classified Def before ordering his induction; (3) Bd never held h'g to evaluate Def's claim to CO status or when Def became CO, citing remand in Gearey, 121.44. Apr 5, 1967: DC denied motion: (1) indictment amply sufficient to inform Def of nature of charges against him; (2) validity of defense necessarily involves consideration of issues which will ultimately determine merits; granted alternate motion for bill of particulars, denied production of documents (FRCrP 17(f), (c).) Pending.

Rabinowitz, Boudin & Standard, Esqs, 30 E 42nd St, NYC, for Emergency Civil Liberties Comm.
121.47. Storey v US (CA 9, #20932) Mar 25, 1963: Def informed draft bd he was CO, requested Form 150 to become I-O. Apr 3: Def asked Bd whether his work at Boeing was considered defense work (since his local church said it wasn't); if so, he would quit. Bd did not reply. Apr 4: Def filed Form 150 as "Ambassador for Christ." Bd classified Def I-A, gave h'g, retained I-A, Def appealed. Natl church decided Boeing was defense work; Def quit job. Apr 20, 1964: App Bd classified Def I-A-O. Je 5: Bd refused to reopen to consider change in circumstance: quitting job. Je 9: Def refused induction. Jan 21, 1966: Def convicted; 4 years. CA 9 affirmed: (1) Whether Def should continue in job which might be construed as defense work was for his own conscience, not entitled to advice from draft board; (2) Def not denied due process because never furnished copy of letter mailed to appeal board about which he had no information because letter not derogatory, appeal bd prohibited by 32 CFR §1626.24 from considering such volunteered letters; (3) Local bd properly refused to reopen Def's case because Def had been ordered for induction and no change in status thereafter; (4) Def's employment at Boeing provided basis in fact for I-A-O classification; (5) not necessary Def be given warnings (Escobedo, 372.34, 378 US 478 and Miranda, 353.41, 384 US 436) at his hearing because proceedings not criminal in character. Petition for rehearing denied.

Ralph K. Helge, Esq, 285 W Green St, Suite 205, Pasadena.
121.48. US v Kronenthal (ND Calif, #39925) Dec 23, 1963: Def received induction order. Jan 7, 1964: Def wrote Bd refusing military service. Jan 10: Def did not report for induction. Jan 27: Bd mailed Def CO form; Def filled it out and returned it. Bd gave no notice of right to counsel or advice, personal hearing. Def arrested: refusal of induction. Pretrial brief alleges denial of due process, right to counsel, right to hearing, right to change claim after Seeger (380 US 163, X DOCKET 26, 102, at 121.32): Def was CO,
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statute unconstitutionally vague, Def did not fail to exhaust administrative remedies. Trial; decision pending.

Aubrey Grossman, Esq, 1095 Market St, San Francisco.
121.51. US v Spiro (USSC, #874) 1962: Catholic Def filed CO form with local bd, basing application on Catholic "just war" doctrine, with supporting material from leading Catholics, publications. Bd classified Def I-A-O; Def appealed. Dec 15, 1964; App Bd classified Def I-A. Dec 21: Bd ordered Def to report for induction Jan 6, 1965. Dec 24: Def requested II-S; denied because part-time student. Dec 29: Def applied for induction postponement to process presidential appeal; State Dir denied. Jan 6, 1965: Def refused induction; indicted. Feb 1966: trial; convicted: 2 yrs. Aug 1967: CA 3 affirmed: Def failed to show harm in Bd failure to notify Def that: (1) advice of Govt appeal agent available, (2) agent had 10 days to request reconsideration or Presidential Appeal, (3) wait 10 days after sending classification before issuing induction order. Petition for certiorari pending in USSC: (1) Pl's advocacy of "just war doctrine" parallel to that of Jehovah's Witnesses, approved in Sicurella, 348 US 385, for COs; (2) Pl's religious beliefs preclude his being made to serve as violation of freedom of religion; (3) quick induction failed to give notice required by due process. USSC denied cert.

Esther Strum Frankel, Esq, 455 E 42nd St, Paterson, NJ 07504.
121.52. In re X (SSS App Bd ND Cal). Sept 14, 1964: X filed SSS Form 100 claiming CO status. Oct 5: withdrew claim by letter. Nov 10: Local Bd classified X as I-A. May 26, 1965: X filed SSS Form 150 seeking I-O (CO). Je 8: Local Bd denied. Appeal processed. May 18, 1967: X appeared before H'g Officer, who recommended denial: couldn't understand X's belief in Supreme Being and doubted that X could; X "has an inferiority complex and . . . is a born coward, and in attempting to conceal these defects and justify his existence, became active in the Anti-Vietnam war movement. . . . [I am] further prejudiced against [X] by reason of his past activities in opposition to the Draft and . . . the Vietnam war effort, . . ." Justice Dept CO Section recommended to Appeal Bd against I-O or I-A-O, said H'g Officer's comments "unfortunate," "The use of the word `prejudiced' . . . may be open to interpretation; however, we may be compelled to accept it at face value." Aug 28: Appeal bd review pending.

Marshall Krause, Esq, 503 Market, SF, for ACLU.
121.53. US v Gerald Wright (Santa Cruz Co) (ND Cal, Cr #41305) Def applied for CO status; bd denied. Je 17, 1966: Def ordered to report for induction; refused; charged: refusal to submit to induction. Def claims failure to provide adviser (SSS Reg 1604.41) voided induction order; since Def made out prima facie case of CO and record bereft of contrary proof, Bd abused discretion. Pending.

Heisler and Stewart, Esqs, Lincoln and Eighth, P O Drawer 3996, Carmel 93921.
121.54. US v Wilson (CD Calif, #468-Cr) Aug 9, 1966: Def, member of Beach Boys singing group, ordered to report for induction. Aug 26: filed CO form. Jan 3, 1967: declined induction. Def charged with evading draft. Je 27: DC acquitted: Selective Service Bd acted irregularly because induction ordered by one panel but signed by member of another panel.

J B Tietz, Esq, 257 So Spring, Los Angeles.

And see cases at 362.
121.55. US v Fetrow (DC Md) Def, agnostic, refused induction, sought I-O status; denied; filed Presidential appeal. Arrested: draft refusal. Jan 31, 1967: DC acquitted Def: Bd failed to issue new induction order after Presidential appeal allowed so original induction order not proper basis for indictment; noted that Def, tho not member of any church, came within Seeger, 121.32, 380 US 163. Feb 24: Bd classified Def I-O.

Donald A Jacks, Esq, 1725 DeSales NW, Washington, DC.
121.56. US v Prince (SD NY) Def applied for CO status; denied. Def refused to be inducted; arrested. Je 16, 1967: trial: hung jury. Retrial; hung jury. Sept 11, 1967: Retrial.

Conrad J Lynn, Esq, 401 Broadway, NYC.
121.57. US v Eldridge (SD Calif) Def sought I-O classification; local bd gave I-A-O; Def refused induction; arrested; convicted: suspended sentence and probation if Def works in hospital. Def appeals: felony conviction means legal and civil disabilities, when term of service over Def can again be drafted. Pending.

Lawrence Steinberg, Esq, 259 So Beverly Dr, Beverly Hills, for ACLU.
121.58. Porter v US (CA 7) (314 F2d 833) Nov 27, 1954: Def registered. Jan 17, 1955: classified I-A. 1956: Def joined Church of God. Oct 15, 1959: bd sent induction order; Nov: Def transferred to Dist of Col bd. Jan 6, 1960: New bd mailed induction order; never received by Def. Def learned of peace position of his Church, became CO, not advised of duty to inform bd of CO position. Apr: married woman with child by previous marriage. Jy: filled out form re new dependents; bd did not act. On learning FBI looking for him, Def voluntarily reported to FBI, who instructed him to report to local bd. Def did so; clerk did not offer SSS Form 150. Aug 1: induction order issued. Aug 8: Def requested SSS Form 150; bd never sent it. Aug 9: Def reported to bd, signed statement he refused to be inducted believing this constituted refusal of induction. Sept 9: declared delinquent. Dec 15: Def filed evidence re CO and dependents. Arrested; convicted. 1963: CA affirmed. Def filed motion to vacate sentence (28 USC §2255): bd never considered new data; DC denied. CA affirmed: marriage and development of CO do not amount to changes in status over which registrant has no control, bd could not reopen classification (Reg 1625.2); failure to report marriage promptly and request SSS Form 150 constitute waiver of claim for consideration; Def's evidence legally insufficient to cause reopening of classification.

Ralph K Helge, Esq, 285 W Green, Pasadena.
122. Through Application for CO Status—After Induction (see also 124, 356)

122.57. Re James M Taylor (Army—Ft. Ord, Calif) Jan 1966: Pet applied for discharge as CO; denied. Pet refused orders contrary to his beliefs; gen'l court martial: 3 yrs at hard labor, then dishonorable discharge. Oct 24, 1966: Bd of Rev affirmed findings of guilty, reduced sentence to 2 yrs. Jan 4, 1967: Unexecuted confinement portion of sentence remitted, dishonorable discharge changed to undesirable discharge.
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122.59. Re Cpl John Morgan (Marines—Camp Lejeune, NC) Pet applied for discharge as CO; denied. Summer 1966: Pet published anti-war poetry newspaper, issue dedicated to "Jesus Christ and other subversives." Pet left Camp for protest rally in NYC, planned to return to face punishment. Arrested.
122.60. In re Paul Denison (ND Calif) Jan 1967: Pet filed request for discharge from Army as CO. Apr 3: denied. May 28: Pet put `on alert' for shipment to Vietnam, ordered to begin processing; Pet refused; confined to stockade pending court-marital. Je: Pet filed habeas petition: top military authorities have conspired to disregard AR 635-20 (re CO discharges). Jy 24: DC dismissed charges against Pet: Army should have charged disobeying order of Comm Genl, not Commanding Officer.

Peter Franck, Francis Heisler, Jeanette Hermes, Esqs, 2890 Telegraph, Berkeley.
122.61. Pvt Felix Chavez v Fergusson (CA 9) (266 FS 879, 1967) Pet joined Army, then became Jehovah's Witness. Pet refused to salute officer or put on uniform: religious belief; twice ct-martialed: 6 mths, forfeiture of all pay. Pet filed request for administrative discharge as CO; denied. Pet refused 3rd order; general ct-martial ordered. Pl sued to prevent ct-martial. DC issued temporary restraining order, then vacated it: DC without jurisdiction. Pl appealed: Army refused to honor its own Reg, denied discharge as CO though Pet qualifies. Pending.

Francis Heisler, Esq, PO Drawer 3996, Carmel 93921; Peter Franck, Esq, 2890 Telegraph Ave, Berkeley 94705.
122.62. Re Gary Gagner (Ft Dix) Pet, theological student, enlisted in Army; ordered to Ft Lewis for shipment to Vietnam: discovered he was CO; reported to Ft Dix rather than Ft Lewis: latter inconvenient for counsel. After week of "discussion," Army assigned Pet to Ft Dix. CO application pending.

Victor Rabinowitz, Esq, 30 E 42nd St, NYC 10017.
122.63. US v Brown, Gilliam (Genl Ct Martial, Ft Polk, La) Def-Brown told local bd he was CO. Bd failed to send CO form, classified Def I-A. Def inducted. Def-Gilliam, baptized Jehovah's Witness, unaware of eligibility for exemption, not with group of inductees when sworn and could neither take nor decline oath; inducted. Defs requested CO discharge, denied, inter alia, not members of formal religious sects. Defs arrested: failure to obey order, confined in stockade, later released pending ct martial. Issues: First Amdt free exercise of religion.

Charles Morgan, Esq, ACLU, 5 Forsyth NW, Atlanta, Ga.
122.64. David Brown v McNamara (CA 3) (263 FS 686) May 17, 1966: Pet enlisted in Army for 3 yrs; sent to basic training. Je 28: Pet submitted application for discharge as CO: pacifist, believed in Supreme Being, with supporting letters, under AR 635-20; Brigade Capt wrote Pet "sincere," beliefs "based on contacts . . . with Pacifistic Organizations . . . individuals rather than on Religious convictions." Disapproval recommended by Comm Off, Brigade Asst Adjutant, Base Comm Genl, Comm Genl 1st Army. Oct 6: Adj-Genl US Army denied CO because, inter alia, Dir of SSS would not have classified Pet I-O or I-A-O. Oct 7: Pet refused order to draw combat training equipment; special ct martial (Art 91 UCMJ): 3 mths & &37/mth, suspended. Oct 17: same order refused of commissioned officer; (Art 90); Pet confined under 1st conviction. Nov 29: Pet filed habeas petition. Dec 19: DC denied: fedl cts without jurisdiction to review military decision Pet not CO. Issues on appeal: (1) jurisdiction; (2) "basis in fact" for denying CO; (3) do DDD 1300.6, AR 635-20 violate due process: military administrative proceedings are subject to Fifth Amdt, AR denies right to present witnesses, argument, be heard orally, cross examination, confrontation, counsel, reasoned decision based on evidence; (4) equal protection denied because SSS registrants have fairer procedure. Nov 14, 1967: CA 3 affirmed: no evidence denial of discharge was "arbitrary, or capricious, or irrational," partly because Army Regs note that CO claims shall not be entertained if belief existed prior to entrance in Armed Forces; fedl cts do have jurisdicition to review substantive and procedural aspects of discharging COs via habeas corpus. Petition for cert pending.

Emerson L Darnell, Esq, 219 High St, Mt Holly, NJ; Marvin Karpatkin, Esq, 660 Madison Ave; Melvin L Wulf, Eleanor H Norton, ACLU, 156 Fifth Ave, all of NYC.
122.65. US ex rel Christensen v US Navy (ND Calif) Pet enlisted in Army, served; enlisted in Navy; became Quaker; applied for administrative discharge as CO; denied. Pet refused to obey order; special court martial convicted, sentenced to no punishment, recommended administrative discharge. Commanding Officer rejected recommendation. Pet again refused order; general court martial. Pet filed habeas petition: Navy arbitrarily denied request for administrative discharge. Apr 20, 1967: h'g; Resp claimed administrative discharges are matter of grace, DC lacks jurisdiction; case continued to May 11 to allow Resp to introduce evidence that Pet not CO or that impractical to discharge him.

Marshall Krause, Esq, ACLU, 503 Market, San Francisco.
122.66. Gillen v McNamara (ND Calif, #47352) Def classified I-A-O, inducted into Army. During basic training Def found his religious belief made it impossible to participate in any military activity even noncombatant; Def refused to accept pay, allowances; imprisoned. Feb 1, 1967: Def applied for discharge as CO; application denied; Def went AWOL. June 29: voluntarily surrendered, refused to obey orders, confined to stockade, solitary. Je 29: Pet sued alleging denial of free exercise of religion, denial of protection of establishment clause, requesting habeas writ, honorable discharge. Pending.

Lloyd E McMurray, Esq, 228 McAllister, San Francisco 94102.
122.67. US v Romero (Treasure Island) (Navy Ct Martial) Def member, Church of Christ, refused to attend Naval Reserve meetings. Oct 24, 1966: Def called to active duty; Def refused to obey orders. Oct 31: Def brought before Captain's Mast: 10 days restriction. Nov 30: Def refused to obey order to put seabag on draft and leave; ct martialed: violation of Uniform Code of Military Justice; 10 days restriction. Def sought discharge as CO; denied.
122.68. Re Jo Harry Muir (Ft Benning, Ga) 1964: Def enlisted in Army. Oct, 1965: re-enlisted for 6-yrs. Aug, 1966: wrote letter to battalion commander requesting discharge as CO. Army offered him non-combatant status; Def refused; appealed again. Dec: appeal denied; Def refused to wear uniform and perform military tasks. Jan 3, 1967: Def AWOL. Feb 23, 1967: court-martialed: disobeying an order, refusing
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to wear uniform, going AWOL. Def discharged ACLU atty, pleaded guilty, offered to accept non-combatant status. sentenced: 2 yrs, dishonorable discharge, reduction of rank.

Capt Allan Koritzinski, JAG.
122.69. Noyd v McNamara (USSC, #722) (267 FS 701; 378 F2d 538) 1955: Pet became officer in Air Force. Dec 28, 1966: Pet applied for resignation or reassignment as CO to wars of aggression, especially Vietnam war. Jan 3, 1967: denied: not in best interest of AF, Pet hadn't proved self qualified as CO. Pet sued to enjoin AF from ordering him to report to Vietnam training unit or disciplining him for refusal. Mar 31: DC ordered temporary restraining order barring AF from assigning Pet to any combat, combat training, or combat support activities pending decision on suit. Apr 19: h'g; DC ruled civilian cts could not rule on Pet's case until military processes exhausted. Apr 27: Temporary order dissolved, Def's motion to dismiss granted. May 2: DC denied motion for stay of execution. May 16: CA 10 affirmed. Oct 13: petition for cert filed: (1) must Pet commit crime and submit to ct martial before getting fedl ct review of constitutional claims? (2) would this rule of exhaustion violate principle of Dombrowski, 245.16d, 380 US 479? (3) is in-service CO denied equal protection because not entitled to same judicial review on habeas as SSS registrant? (4) does Pet's application for CO status meet Act's standards?; (5) do AF procedures re CO's deny minimum due process? (6) was denial of CO void because AF did not follow its own Regs? Pending.

Marvin M Karpatkin, Esq, 660 Madison Ave, NYC 10021; William F Reynard, Esq, 507 Am Nat'l Bank Bldg, Denver 80202.
122.70. US v Lindsay (Ft Lewis) (Military App) Nov 1966: Def inducted. Sept 1967: Def felt he was CO, applied for I-A-O through AR 600-200 procedure, rejected, ordered to check out weapons, refused; court martialed: "wilfully disobeying superior officer." (Code of Military Justice Art 90). Ct of Mil App convicted, sentenced: 3 yrs, forfeitures, demotion, dishonorable discharge. Def's appeal to Convening Auth at Ft Lewis pending.

William L Hanson, Esq, 320 Central Bldg, Seattle 98104.
122.71. Re William Hayes (DC NJ) Feb 1966: Pet granted I-A-O. Sept 12: Pet entered service as noncombatant. Je 28, 1967: Pet requested separation as CO totally opposed to service. Oct 20: denied; Pet refused to carry out duties, placed in stockade, where he remains. Jan 28, 1968: at ct-martial, Pet pleaded guilty to refusal to obey orders, sentenced: (1) forfeiture of all pay; (2) reduction to Private; (3) bad conduct discharge; (4) 1 yr at hard labor. Pet contemplating fed'l ct action.

Esther Frankel, Esq, 455 E 42d St, Patterson, NJ.
122.72. US v Bash (Army JAG Bd of Rev #1, #CM 415759) Def volunteered for military service to avoid being drafted into combat unit, assigned to Defense Language Institute, decided this activity inconsistent with beliefs, refused to `legitimize values of Army by continuing to accept military service,' disobeyed order. Aug 2, 1966: special ct martial convicted Def: 5 mths. After release, Def complied with Regs while application for discharge as CO (Form 1049) pending. Jan 3, 1967: application denied. Def disobeyed order. Feb 6, 1967: general ct martial convicted Def: 3 yrs, dishonorable discharge, forfeiture of pay and allowances, rank reduction. On appeal, Def argued: Def placed in double jeopardy; Gov't wrongfully refused to grant administrative discharge; Def entrapped by being compelled either to deny status as CO or to defy direct order; question of CO claim wrongfully excluded; basis of ct martial invalid order; Def did not commit offense by statement of intention to disobey order to be executed in future; adverse decision on Form 1049 without "basis-in-fact"; finding contrary to facts and law; Def deprived of due process. Pending.

Francis Heisler, PO drawer 3996, Carmel, California 93921, Capt David S Cooper, Office of Staff Judge Advocate, Fort Ord, California 93921.
122.201. US ex rel Cary v Commanding Officer (ED Cal) Oct 7, 1961: Rel, 17, signed Navy contract for 4 yrs reserve, 2 yrs active duty. Summer 1963: 2-week active duty on submarine. May, 1965: Rel attended first reserve meeting, informed commanding officer he was CO, applied for discharge, submitted letters in support. Dec: application refused, though no conflicting evidence. Mar 1966: Rel called for active duty, stated CO again, second application for discharge refused. Rel ct martialed for refusing to obey orders, convicted: 2 mths in brig and &100. Jy, 1966: DC denied application for writ of habeas corpus. Rel ordered to San Diego; pending.

Marshall Krause, Esq, ACLU, 503 Market, San Francisco.
122.202. Re Charles Bricker (ND Calif) Pet voluntarily enlisted in Army reserves; later became CO. Army rejected his repeated attempts to obtain discharge, turned file over to draft board when he declined to come to meetings. Bd classified Pet I-A; Pet immediately applied for I-O; after h'g, board denied I-O, denied appeal because Pet a reservist. State App Bd denied CO on grounds Pet reservist; would not rule on validity of CO, did not allow Dept of Justice h'g usually accorded CO applicants. Nov 16, 1967: DC acquitted Pet of failing to report for induction; since bd granted h'g, Pet entitled to full procedural rights granted any CO, whether or not originally entitled, citing Vitarelli v Seaton, 251.9, 359 US 535.

Marshall Krause, Esq, ACLU NC, 503 Market St, San Francisco.
122.203. Craycroft v Ferrall (WD Wash, N Div, #7265) May 20, 1966: Pl enlisted in Navy Reserve Officer Candidate Program at U of Oregon. Feb 17, 1967: Pl asked to resign from ROC, applied for discharge as CO. Mar 13: disenrolled from ROC; poor attendance. Je 7: Under AR 635-20, Gen Hershey advised Def that Pl would not be classified as CO if matter were before SSS Bd. Je 13: CO discharge denied. Je 26: Pl sent 2nd request for discharge; denied Jy 3. Jy 11: Pl sued: to declare Pl CO and entitled to discharge; habeas corpus; temporary restraining order to bar removal from district, order to active duty, and ct martial; for 3-judge ct to determine that action taken under 50 USC App §436(j) as applied to Pl repugnant to First Amdt freedom of religion and Fifth Amdt due process. Jy 12: Pl ordered to active duty Aug 15. Jy 21: second discharge request disapproved. Jy 28: DC declined to grant injunctive relief after Gov't stipulation Pl's status would not be changed pending DC h'g. Sept 5: DC held: DC without jurisdiction; dismissed with prejudice. Nov: Pet arrested for failure to report; court-martialed; serving time.
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John Caughlan, Esq, 615 Arctic Bldg, Seattle, Washington 98104.
122.204. Muller v Ignatius (ND Calif #48126) Je, 1967: Pet inactive reserve apprentice seaman notified his Commanding Officer of his desire for discharge as CO. Je 16: Pet received Naval manual relating to CO discharges and order for active duty. Je 27: Pet sent information noted in manual to Comm Off. Tho manual directs that Comm Off must interview all who request CO discharges, Pet instead interviewed by another officer, one apparently uninformed of qualifications and procedure for obtaining CO status. Sept 27: CO discharge denied. Oct 25: Pet again requested discharge, describing violations of Navy Regs re COs. Oct 26: Pet requested: (1) writ of habeas corpus directing release from active duty; (2) restraining order continuing release pending h'g on CO and directing h'g using SSS standards re CO in accordance with Navy Regs, and US Constitution. Oct 27: At DC h'g, US Atty conceded procedural error, recommended to Navy Chief of Staff new processing of Pet's application for discharge. Chief agreed; DC denied action pending issuance of new orders to Pet. Pending.

Ralph Johansen, Esq, Legal Aid Society of Alameda County, 905 55th St, Oakland 94612.
123. Through Noncooperation Before/At Induction
[These cases cover youth who refuse to register with Selective Service System; registrants who burn draft cards or return them to SSS; registrants classified I-O who later refuse to do alternative civilian service; registrants who apply for ministerial status (IV-D), are instead classified I-O and refuse to do alternative service.]

Articles: Morris D Forkosch, Draft card burning: effectuation and constitutionality of 1965 amendment. 32 Brooklyn 303-33.

Carl Rachlin, Draft cards and burning the Constitution. 32 Brooklyn 334-52.

Faculty note: Postscript to Miranda project: Interrogation of draft protestors. 77 Yale 300-19.


123.71. US v Daniels (CA 9) Def applied for CO; local bd classified I-O; Def did not report for I-W work and refused it. Arrested; tried; convicted. Def appealed. CA 9 held I-O CO who passed physical, exhausted bd appeal remedies ordered to report to bd for assignment to civilian employer, may defend criminal action for failure to so report: classification is invalid, reversing Bjorson v US, 272 F2d 244; stated "such a person has reached the brink in the selective process without going through the formality of reporting to the bd or the civilian employer" [and should therefore be apprised of his options].

J B Tietz, Esq, 257 So Spring, Los Angeles.
123.72. US v Dundas (San Francisco) (ND Calif) 1966: Def-CO in Peace Corps; US bombed No Vietnam; Def quit Peace Corps, wrote draft bd renouncing CO status, refusing to cooperate with bd in any way. Def arrested: disobeying order of draft bd. Apr 23, 1967: Def convicted: 18 mths.
123.73. US v Pitt (ED Mo, 66Cr 169(2)) Def, Jehovah's Witness, classified I-O, ordered to civilian medical duty; refused to serve. Nov 28, 1966: pleaded guilty: 5 yrs. May 29, 1967: CA affirmed sentence.
123.74. US v Tucker (CA 7) (374 F2d 731) Def, Jehovah's Witness, claimed ministerial exemption. Mar 10, 1964: Bd gave Def I-O. Def never formally appealed but wrote letters to bd objecting. Def refused civilian work assignment; arrested; DC held letters did not constitute appeal: convicted: 3 yrs. CA affirmed.

Daniel Tucker, Esq.
123.76. US v Chas A Jackson (CA 4) (369 F2d 936) Feb 1962: Def, Jehovah's Witness, applied for CO status and ministerial deferment; local bd classified Def I-O. No appeal. May 1964: Bd ordered Def to report for alternative service; Def refused; charged: refusal to perform I-O service. Oct 1966: Def appealed: (1) DC instructed jury only issue was failure to report, not correctness of classification, (2) DC excluded evidence of Bd member prejudice, (3) 15 mths between indictment and trial violates Sixth Amdt. CA affirmed: (1) Bd classification per Regs final even if erroneous; triable only if "no basis in fact" for classification; (2) Def's failure to appeal this issue through administrative App Bd precludes judicial review, (3) delay due to death of judge, not culpable oppressive conduct of Pl.

John R Goodwin, Esq, PO Box 123, Morgantown, W Va.
123.77. US v Miller (USSC) (367 F2d 72, 386 US 911, 1967) Def burned draft card; convicted: violation of 1965 Amdt to draft law re destroying card; free on bail. Fall 1966: CA 2 aff'd: "forbidding destruction of Selective Service certificates serves legitimate purposes in administering the system ... we find that the statute is neither arbitrary nor without purpose, that it is reasonably related to the power of Congress to raise and support armies...." Feb 1967: USSC denied cert. Def put on probation; refused to comply with condition and carry draft card. Apr 6: DC revoked probation, ordered Def to serve 2-yr sentence. Def moved in USSC to continue bail pending disposition of USSC petition for reh'g on basis of US v O'Brien, 123.81. Harlan, J, granted motion. Pending.

Marvin M Karpatkin, Esq, ACLU, 660 Madison, NYC 10021.

And see O'Brien, 123.81.

Notes: 11 NY Law Forum 584; 16 DePaul 485.
123.78. US v Witkowski (SD Iowa, #4-1124-C Crim) Oct 22, 1965: Def holding charred remains of draft card admitted deliberate destruction to protest severe penalties for the act; arrested; pleaded not guilty. Apr 1, 1966: Def changed plea to guilty: suspended sentence, &100 and 3 yrs probation conditioned on Def obtaining new draft card; probation terminated if Def inducted or enlists.

Jay H Honohan, Esq, 1 Washington St, Iowa City, Iowa.
123.79. US v Wilson (SD NY) Nov 6, 1965: Def, pacifist Catholic Worked, burned draft card; arrested. Mar 4, 1966: Def pleaded guilty, 2 yrs, suspended, probation conditioned on obedience to all laws. Arrested: refusal to report for induction: convicted, 3 yrs.
123.80. US v Cornell Edelman, Lisker (NYC) (SD NY) Nov 6, 1965: Defs burned draft cards in public protest of Vietnam War. Dec 21: Grand jury indicted Defs under new law making draft card destruction a felony. Nov 25, 1966: DC convicted, 6 mths. Jy 18, 1967: CA 2 affirmed.

Aryels Neier, Esq, and Alan H Levine, Esq, ACLU, 156 5th Ave, NYC.

And see Chandler, 41.10.
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123.81. US v O'Brien (Boston) (USSC, #232) Mar 31, 1966: Def, 19, burned draft card in front of courthouse. Je 1: Def conducted own defense; convicted by jury. Jy 1: DA asked 2 yr sentence; DC conferred with Def's father, ruled: if Def cooperates and obtains new draft card, parole; if not, 4 yrs. Issues on appeal: see Miller, 123.77; violation of First Amdt for imposing conditional sentence under Youth Correction Act where terms of rehabilitation include giving up CO views. Apr 10, 1967: CA 1 held draft card burning act unconstitutional; (1) no proper purpose; (2) in singling out persons engaged in protest for special treatment, act strikes at core of what First Amdt protects; (3) burning was symbolic act coming within free speech protection; affirmed conviction on ground of nonpossession of draft card, remanded for vacating of sentence, resentencing on considerations divorced from burning. Oct 9: USSC granted petition for cert.

Howard Whiteside, Esq, 60 State St, Boston 02109; Marvin Karpatkin, Esq, 660 Madison Ave, NYC 10021.
123.82. Wills v US (USSC, #765) (384 F2d 943) Oct 15, 1965: Def-student wrote draft bd he had destroyed draft card, refused to carry another: Declaration of Independence, US Constitution, Nurnberg Judgment. Oct 21: Bd declared Def delinquent; Oct 23: reclassified Def from II-S to I-A, mailed notice. Jan 3, 1966: Bd mailed delinquency notice dated Oct 21, 1965. Jan 31: Bd ordered Def to report for induction. Feb 24: Def refused induction in writing; indicted. Def pleaded not guilty, waived jury. Sept 23: DC convicted, held Def not prejudiced by late delinquency notice (Knox v US, 200 F2d 398); failure to exhaust administrative remedies cures bd error, precludes DC consideration of classification; 5 yrs (2 yrs before parole recommended). Oct 3, 1967: CA 9 affirmed: (1) DC erred on administrative remedy issue; "delinquency-I-A" status different from plain I-A; delinquents inducted before volunteers, hence bd failure to properly notify Def of delinquency may have misled Def, affected Def's decision re administrative appeal; (2) destruction of card same as refusal to possess; bd may declare Def delinquent. Oct 25: Pet for cert filed.

Kenneth A MacDonald, David R Hood, Esqs, Hoge Bldg, Seattle.
123.83. US v Bonito, Thomas (SD NY) 2 youths allegedly burned draft cards in YMCA cafeteria. DC convicted: 1-18 mths suspended, 18 mths probation; 2-12 mths, probation after 3 mths, all suspended pending possible appeal.
123.84. US v Kiger, Baehler (SD NY) May 26, 1966: Defs arrested: destroying draft cards. Pending.

Marvin Karpatkin, Esq, 660 Madison Ave, and Henry M di Suvero, Esq, 156 5th Ave, NYC, for ACLU.
123.85. US v Rader (SD NY) Apr 21, 1967: Def arrested by FBI; charged by US Commr: burning draft cards while wearing Green Beret Reserve uniform "unlawfully and without authority" in peace demonstration; free on &1,000 bond. Apr 28: arraignment.
123.86. US v Solomonow (CA 2, #31413) Def tore signature from draft card to symbolize disaffiliation from SSS; arrested: knowingly destroying, mutilating draft card. Defense based, inter alia, on: SSS Regs do not define what should be on classification card, so tearing off signature does not constitute mutilation; card invalid because, under Adm Procedure Act, all govt documents dealing with public must be published in Fedl Register and draft card never so published. DC found Def guilty. Appeal pending.

Prof Irving Younger, NYU School of Law, NYC.
123.87. Oakland v Callison (Oakland Muni Ct) Nov 17, 1966: Def reported for induction, passed out leaflets telling ways to avoid induction, asked other inductees to sign petition protesting war in Vietnam; ordered to stop, refused: arrested: disturbing peace. Dec: trial, Def's defense: Army "had no right to suspend Constitutional rights while conducting induction"; hung jury. Jan 4, 1967: retrial. Pending.
123.88. US v Leong (CD Cal) Jan 24, 1967: Def reported for induction but did not finish being inducted. He wished to remain in induction center but because of non-conforming dress and behavior, was ordered to leave. Def indicted for draft refusal. Oct 12: Ct-appointed psychiatrist found Def sane but not qualified for induction. Oct 12: Psychiatrist at induction center found Def free of any mental disorder, alleged Def under influence of drugs. Indictment reinstated; pending.

William G Smith, Esq, 3175 W Sixth St, Los Angeles.

And see Leong, 123.88a.
123.88a. Leong v Wood (Los Angeles Co Super Ct, #921235; CD Cal #67-1850-F) Nov 9, 1967: Pl, Def in draft refusal case, 123.88, filed suit alleging medical malpractice against physician at induction center who had found him fit for medical duty, damages based on pain and suffering. US Atty filed removal petition to DC; Pl moved to remand. Mar 11, 1968: hearing in DC.

William G Smith, Esq, 3175 W Sixth St, Los Angeles.
124. Through Military Disobedience
(see also 122, 356)

Proposed Legislation: S 1414 amends Selective Service Act forbidding sending draftees to SE Asia without their consent. Cong Rec—Sen. Mar 10, 1967; Ap 14, 1967.


124.41. US v Howe (US Ct of Mil App, #19,846) Def student joined ROTC, graduated, entered service as 2d Lt. Nov 6, 1965: Def, in civilian clothes, carried sign in El Paso college peace walk, "End Johnson's Facist Aggression in Vietnam—Let's Have More Than a Choice Between Petty Ignorant Facists in 1968." MPs arrested Def; court martialed: (1) public use of disloyal language to promote disloyalty among troops and civilians (10 USC §934); (2) using contemptuous words against Pres (10 USC §888); (3) conduct unbecoming an officer and gentleman (10 USC §933). Law officer dismissed (1); ct martial convicted on (2) and (3): dismissed, forfeitures of pay, 2 yrs hard labor. Jan 27, 1966: reduced to 1 yr. Def filed habeas petition for release pending appeal; DC denied. Mar 22: Def released on Commandant's parole: may travel in US, not wear uniform, no duties. Jy 25: Genl Counsel threatened prosecution if Def made antiwar speeches. Sept 1967: Ct of Mil App affirmed: (2) §888 older than First Amdt, reiterated in 1775 Articles of War to date, does not violate First Amdt, citing Schenck, Frohwerk, Debs (1919) 249 US 47, 204, 211; Dennis (1951) 341 US 494; Def's conduct not protected—wise to restrict military comment on politics to prevent military takeover of civilian control; (3) not vague under Fifth Amdt.

Capt Kenneth J Stuart, JAG, and Eleanor H Norton, Esq, ACLU, 156 Fifth Ave, NYC.
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124.42. Calello, Dwyer, Fisher v Resor (ED Va, Alexandria Div, # #4085, 4101, 4107); Baldouf v Nitze (SD Calif, # #3518-SD-K); Borden v McNamara, Nitze (DC Mass, #66-138-F) Pls, 3 Army captains, 2 Navy Lt cmdrs suing Army and Navy Secys to require Defs to accept Pls resignations, made after completion of minimum period committed for. Pls allege being held in involuntary servitude, in violation of 13th Amdt. Pending.

Elmer R Fay, Esq, 718 Queen St, Alexandria; Mizeur, Leeger and Hunter, Esqs, 1909 US Natl Bank Bldg, San Diego; Julian Soshinick, Esq, Boston.
124.43. Capt Curtis Johnson v US (Ft Campbell, Ky) (MD Tenn) Army Captain enlisted for 3 yrs; after 3 yrs over, Army extended enlistment. Pl sued to enjoin Army from sending him to Vietnam. Aug 29, 1967: DC ruled Army has authority to extend serviceman's enlistment without his consent.
124.44. Re Clemens G Brysky (Fort Polk) Def inducted; during bayonet drill put down his rifle, refused to pick it up; court-martialed: refusing to obey order. Pending.
124.45. US v Stapp (Ft Sill, Okla) (US Army Court Martial) Def, private, refused to obey order to open footlocker and turn over antiwar and socialist literature; court-martialed: refusal to obey order: reduction to lowest pay grade, unconfined hard labor, forfeiture of two/thirds of one month's pay.

And see Ilg, 124.45a.
124.45a. US v Ilg (Ft Sill, Okla) (Court Martial) Je 1, 1967: Def present at court-martial of Pvt Stapp, 124.45; Def accused superior officer of lying in his testimony against Stapp. Je 15: summary ct-martial: disrespect for superior officer; convicted: 30 days hard labor, reduction in rank and pay. Jy 16: hard labor sentence eliminated by officer who reviews court-martial decisions. Judge Advocate Genl Corps affirmed.
124.46. US v Petrick (US Army, Ft Hood) Def-21, draftee, continued receiving socialist and anti-war literature through and after basic training; circulated anti-war, black power, and socialist literature. Mar 30, 1967: Def questioned regarding political beliefs, declined to answer on ground of First Amdt. Army atty assigned to Def, Def informed of prospective court-martial. Army dropped charges: Def has right to free speech as long as conversations private, distribution individual rather than mass basis. Army considering administrative discharge. Pending.

Leonard Boudin, Victor Rabinowitz, Esqs, 30 E 42nd, NYC.
124.47. Townsend v Capt Greiczed (ND Calif, #47123) Sept 14, 1966: Pet reported for induction; signed oath disclaiming membership in subversive organizations; submitted to physical examination; refused to step forward or take oath: CO; told by officer to leave. May 13, 1967: Pet arrested: desertion. Pet filed habeas petition; h'g on facts at induction. Aug 16: DC granted writ, held Pet never participated in prescribed ceremony signifying induction by taking step forward and oath of allegiance; ordered Pet discharged from Army custody.

Phillip B Ziegler, Esq, San Francisco Neighborhood Legal Assistance Foundation, 1182 Market, San Francisco.
125. By Members of Minority Groups
(and see 121)

Article: E A Dawley, Special problems of black draftees. 26 Guild Practitioner 107 (1967).

Speech: Robert W Kastenmeier, The Negro and the draft, Cong Rec—House. Mr 6, 1967, H 2168.


125.19. US v DuVernay (CA 5) Def Negro failed to register for draft, refused induction because against fighting abroad when real battle should be against inequities in US. Aug 31, 1966: Def tried by interracial jury. Issue: denial of due process because of 100% white personnel on draft bds when Negroes are 32% of DC district. Convicted, 5 yrs. Issues on appeal: no Negroes on bd; bd spent 18 seconds/case on average; DC prevented Def's queries to bd chairman re his leadership in KKK. Pending.

Benjamin Smith, Esq, 1006 Baronne Bldg, 305 Baronne St, New Orleans.
125.20. Nunnally v US Army (Holly Springs) (DC Miss) Pl, Negro civil rights worker, notified by Def he was to be inducted; Pl claimed he was being drafted out of turn because of civil rights activity. Pl sued to enjoin SSS from drafting him: Pl denied equal protection by being subject to classification by all-white draft bd, when 70% of Co Negro. No h'g before induction date, but when Pl went to induction center, officials had heard of lawsuit and refused to draft him; Pl reclassified. Suit dismissed as moot.

Alvin J Bronstein, Esq, LCDC, 233 N Farish St, Jackson, Miss 39201.
125.21. Richmond and Von Key v Commanding Officer (CD Cal) (12 RRLR 19) Pet-draftees refused to report for induction on grounds that, as Negroes, they are not US citizens or actually treated as citizens, and cannot therefore be compelled to assume burdens of citizenship; Vietnam war unlawful, in violation of SEATO and UN Charter. Pets sought writ of habeas corpus. DC refused to consider broad issues, narrowing case to propriety of local bd actions. Oct 13, 1966: Petition denied.

And see Richmond, 125.21a.
125.21a. US v Richmond, Von Key (CD Cal) Prosecution for failure to report for induction; see facts and defenses at 125.21. DC denied Defs' motion for pretrial discovery on legality of Vietnam war. Def sought jury instructions: Not guilty if: (1) Negroes colonized, (2) order induced by Def's peace, rights activities, (3) Def avoiding crimes against humanity, (4) order resulted from Def's poverty, (5) Def, as Negro, in greater danger as soldier, (6) Army training in hatred violated Def's beliefs, (7) US kills civilians in Vietnam, (8) Def's conscience forbids killing non-whites for white-controlled US Govt, (9) Vietnam war a US invasion, (10) Def sought, and denied, counsel, (11) Bd action shocks sense of fair play, (12) Bd action discriminatory against Negroes, (13) Negroes excluded from draft and appeal bds, by selection or gerrymander of districts, (14) Bd failed to reopen case when notified Def's child born, (15) local bd members non-residents of district, (16) order resulted from Bd failure to keep informed re Def, (17) Bd's failure to tell Def basis of decision prejudiced his appeal, (18) Bd failed to inform Def he could claim CO, (19) Bd failed to proffer assistance to ignorant Def, denying him due process; DC denied. Von Key
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acquitted: bd failed to change I-A classification when notified he was a father. Richmond convicted, failed to appear for sentencing.

George T Altman, Esq, 424 S Beverly Dr, Beverly Hills; Robert L Brock, Esq, 3208 S Central Ave, and Ben Margolis, Esq, 3175 W 6th St, Los Angeles.

Note: Ben Margolis, Trying a case under the Selective Service Law. 26 Guild Practitioner 100 (1967).
125.22. US v Reeves (Chicago) (ND Ill, #66 CR 179) Def, Negro, processed by Memphis draft bd, called for induction in Chicago, became member of Lord Jesus Christ of Apostolic Faith. Jy 20, 1967: Def applied for SSS 150; all white bd denied: religious sect not recognized. Def charged with draft refusal. US Atty filed nolle prosequi.

Leonard Karlin, Esq, 173 W Madison, Chicago 60602.

And see cases at 121.
125.23. Re Pvt William Johnson (Fort Dix, NJ) Apr 1966: Def Negro went AWOL claiming he was discriminated against and he opposed war in Vietnam because of its racist nature. Feb 21, 1967: court-martial sentenced Def: bad conduct discharge, 1 yr in stockade.
125.24. US v Sumrall (CA 5, #24064) May 10, 1967: Def Negro civil rights activist refused induction; claimed Negroes kept off draft and appeal bds; he was inducted out of order. Jy: SD Miss denied Def opportunity to raise defenses that: draft bds segregated, and 4 state criminal charges against Def were dropped to clear way for his induction. All-white jury found Def guilty of refusing induction; 5 yrs and &2,500. Appeal pending.

Jonathan Shapiro, Esq, Lawyers' Comm for Civil Rights Under Law, 233 N Farish St, Jackson, Mississippi 39201; Jacob Tanzer, Esq.

See Sumrall, 125.24a.
125.24a. Sumrall v Kidd (Clarke Co) (SD Miss, #4041) 1966: Pl Negro activist ordered for induction, see 125.24. Dec: class suit filed against Commander, Armed Forces Examining and Entrance Station (Clarke Co) asking 3-judge ct to bar all-white Mississippi draft bds from classifying or inducting any Negroes until entire system reconstituted; to declare 50 USC App §460(b)(3) unconstitutional under Fifth and 14th Amdts, 42 USC §1981. Pending.

Denison Ray and Jonathan Shapiro, Esqs, Lawyers' Comm for Civil Rights Under Law, 233 N Farish St, Jackson 39201.
125.26. US v Schutz (CA 5) Def, member of SNCC, ordered to report for induction May 3, 1966, date of Ala primary elections. May 4: Def reported; announced intention to refuse to comply with draft board: discriminated against because of civil rights activities; no Negroes on bd; not given opportunity to step forward or refuse to. Arrested. Oct 17: Convicted; appeal pending.

James Lewis, Esq, LCDC.
125.27. Oakland (Calif) v Penney (Muni Ct) May 17, 1967: Negro man received induction notice, went to Oakland induction center passing out leaflets stating he would go to jail before anybody was going to make him a killer; arrested: disturbing the peace. Pending.
125.28. Ali aka Clay v Gorden, J (USSC) (386 US 1002, 1018, 1027) Pet sought injunction against draft board ordering induction; WD Ky denied. Pet sought mandamus against Def-DC judge. Apr 17-24, 1967: USSC denied cert.

And see Clay, 125.28a.
125.28a. US v Clay (SD Tex, #67-H-94) Apr 28, 1967: Def, Black Muslim, refused induction: entitled to IV-D deferment as minister. May 2: US Atty Genl announced Def to be prosecuted. Def sought permanent injunction from CA 5 against prosecution: draft bd had no right to order induction because all-white, responded to public pressure for his induction; rejection of IV-D status denies minority religions right to appoint own ministers. CA 5 denied. May 8: Def indicted: refusal of induction. Je 6: convicted: refusal of induction; 5 yrs, &10,000. Pending.

Quinnan H Hodges, Esq, 811 First City Natl Bank Bldg, Houston 77002; Hayden C Covington, Esq, 405 Lexington Ave, NYC 10017.
125.29. US v Davis (CA 5) (374 F2d 1) At induction, Def, Black Muslim, for first time claimed CO status, refused induction. Arrested: convicted; DC ruled: (1) belated development of CO objection not change in status beyond control of registrant; (2) Reg 1625.2 prevents bd from considering CO claim after induction order mailed out; (3) peremptory challenge of all Negro veniremen at trial by US Atty not denial of due process or equal protection.

Ira DeMent, Esq.

And see cases at 512.
125.30. US v Nelloms (Atlanta) (ND Ala) Negro-Black Muslim refused to be inducted: members of his faith have nothing to gain by fighting for US. Def arrested. Je 23, 1967: Fedl jury convicted Def. Pending.
125.31. US v Johnnie Williams (SD NY) Jy 22, 1966: Def Muslim refused to step forward for induction, claiming Islamic faith forbade military service. Jy 26, 1967: Convicted of draft evasion: 2 yrs.

Resolution: New Mexico Senate, Requests draft changes for fairer treatment of Spanish-descent minority. Cong Rec—Sen. Ap 21, 1967, S 5669.
125.32. US v Arocho (DC Puerto Rico, #15-66) Def, resident of Puerto Rico, refused to be inducted into Army unless permitted to state his paramount allegiance to Puerto Rico instead of US. Trial pending.

Marvin M Karpatkin, Esq, 660 Madison Ave; Melvin L Wulf, Esq, ACLU, 156 Fifth Ave, all of NYC; Juan Mari Bras, Lorenzo Pineiro Rivera, Esqs, both of Puerto Rico.
125.33. Boyd v Clark (SD NY) Pls, Negroes, would-be fulltime college students, classified I-A by draft bd. Jy 31, 1967: Pls filed complaint: 1967 draft law, in granting automatic deferments to college students, unconstitutionally discriminates on economic grounds against those unable to afford to attend college at all or fulltime; sought 3-judge ct. Pending.

Victor Rabinowitz, Esq, 30 E 42nd St, NYC 10017.
125.34. Richard Williams v Commanding General (ND Calif) Pet, Shoshone Indian, drafted; requested hardship deferment; draft bd said he could get out after basic training. Pet went through basic training, informed he was being sent to Vietnam. Pet sued to restrain Army from sending Pet out of district: Shoshones not US citizens, cannot be drafted. Je 1967: DC granted temporary restraining order; dismissed:
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Congress can impose citizenship on Indians. Jy 1: Pet refused to board flight to Vietnam. Aug 18: genl ct martial: refusing to obey officer, refusal to board flight to Vietnam; 5 yrs.

Peter Franck, Esq, 2890 Telegraph, Berkeley; J B Teitz, Esq, 257 So Spring, Los Angeles.
125.35. US v Garach (DC Conn, #11,885) Magazine featured Def in article on Americans who fled to Canada to avoid draft. Jan 4, 1967: Fedl grand jury charged Def with draft evasion, issued bench warrant for his arrest, &5,000 bond. Warrant not served: Canada has no extradition for draft offenses.

Manual for Draft-age Immigrants to Canada. Toronto Anti-Draft Programme, 2279 Yonge St, Suite 15, Toronto 12, Ontario, Canada. &1.
126. Based on Nurnberg Judgment
(and see 121, 123, 128)

Special Issue of The Guild Practitioner: Mary M Kaufman, Judgment at Nurnberg—An appraisal of its significance on its 20th anniversary; Statements, declarations and agreements leading to war crimes trials at Nurnberg and relevant documents; Francis Heisler, Problems in raising defense of international law; Milton Koss, Bibliography. Summer 1966. &1.15. Box 673, Berkeley 94701.

Articles: Mary M Kaufman, The individual's duty under the law of Nurnberg: the effect of knowledge on justiciability. Sam Rosenwein, International War Crimes Tribunal: Stockholm session, part II. The Guild Practitioner, Winter 1968. &1.15. Box 673, Berkeley 94701.

Bertrand Russell peace foundation, London bulletin. (6/yr). 12s. 49, Rivington St, London, E.C. 2, or 342 W 84th St, NYC 10024.

And see 58.Calif.21, 58.Calif.22, 58.Calif.24b, 58.Calif.26.


126.1. Eminente v Pres Johnson, McNamara, Rusk (USSC) (361 F2d, cd 385 US 929) Pl, French citizen and resident, owns property in N Vietnam, sues Defs, not in their official capacities, for bombing N Vietnam and damaging Pl's property in affirmative acts of war without US declaration solely to destroy system of production wholly outside US boundaries, not for public benefit of US but private benefit of special US interests, in violation of US constitution, treaties, and law of nations. Pl seeks injunctive relief, under 28 USC §§1332(a) (2), 1332(d), 1350, 1391, against Defs, not US govt, and damages incurred—over &1,000,000, argues immunity does not protect US officer, incl Pres, from liability as individual re acts and scienter clearly beyond his authority. Defs filed no answer. US Atty filed motion to intervene amicus to suggest Johnson not subject to ct's jurisdiction; DC dismissed all Defs. May 3, 1966: CA DC affirmed: damage to property in foreign country said to have been caused by US armed forces non-justiciable issue. Nov 6: USSC denied petition for cert.

George T Altman, Esq, 424 S Beverly Dr, Beverly Hills, Cal; Lola Boswell, Esq, 927 15th St NW, Washington, DC.
126.4. Luftig v McNamara (USSC) (373 F2d 664; cd 387 US 945) Sept 1965: Pl drafted. Jan 19, 1966: Pl filed petition to enjoin Defs from sending him to Vietnam: Vietnam war illegal because not voted by Congress, against US treaty commitment to UN, Def's action justified by Nuremberg judgment. Army transferred Pl. ND Calif dismissed: Pl not in jurisdiction. Pl filed in DC DC. Apr 5: case argued on merits; DC dismissed: (1) sovereign immunity; (2) cannot interfere with Army. CA DC affirmed: political questions beyond Ct's jurisdiction. Je 5, 1967: USSC denied petition for cert.

Stanley Faulkner, Esq, 9 E 40th St, NYC; Selma Samols, Esq, 517 11th NW, Washington, DC; Peter Franck, Esq, 2890 Telegraph Ave, Berkeley, Cal.
126.11. US v Mitchell (USSC) (363 F2d 323; cd 386 US 972, 1042) 1961: Def, 18, registered under Universal Military Training and Service Act. Aug 1961: Def arrested for civil disobedience re nuclear submarine; convicted; on release from jail received Sel Serv questionnaire. Oct 8: Def notified local bd of disaffiliation from conscription system. Bd sent delinquency notice, classification notice, letter advising classification depends on information from registrant. Dec 3, 1961: Def wrote 3-pp letter elaborating reasons; no response. Jan 31, 1964: Bd sent current information questionnaire. Feb 10: Def replied his position unchanged. Apr 2: ordered to report for physical. May 4: received delinquency notice. May 18: ordered to report June 10. Def notified Bd of his retention of counsel. Aug 18: Bd removed delinquency status, reopened classification. Sept 25: Bd ordered to report for physical. Nov 10: Bd sent notice of delinquency. Dec 14: Bd ordered Def to report for induction Jan 11, 1965. Def indicted for failure to report; &1,000 bail and travel restricted—lifted later. Def moved to dismiss under FRCrP Rule 12 and law of Nurnberg trial. DC Conn denied motion. Sept 7: jury trial opened. Sept 8: Def discharged atty, sought postponement to obtain new counsel; denied: DC appointed former asst DA over Def's objection. Def convicted: 5 yrs, &5,000.

Jan 9, 1966: CA reprimanded Def and others for picketing ct during oral argument. Jan 13: reversed conviction, ordered retrial: Def denied right to counsel of choice. Def made pre-trial motions for foreign depositions. Feb 21: DC denied: "immaterial." Mar 15: At trial US presented one witness, draft bd clerk to establish Def refused to report for induction. Def moved to dismiss: draft is part of criminal policy in conflict with international law and moral responsibility, Def's refusal to be drafted constituted refusal to participate in criminal activity for which he cannot be punished. DC denied motion. Def's witnesses, Prof Staughton Lynd and Ralph Schoenman, sec'y to Bertrand Russell, who had been to North Vietnam, took stand, identified, prosecution objected; DC ordered jury from room, established subject matter of witness' testimony, ruled it "irrelevant." Def attempted to subpoena: (1) Donald Duncan, who quit US Special Forces in Vietnam, (2) Vietnam reporters, (3) Genl Hershey, (4) Sgts McClure and Smith, captured and released by NLF, being held incommunicado on Okinawa by US Army. DC ruled all "irrelevant." DC allowed statements into record by Vietnamese, whom Def claimed North Vietnam govt had agreed to allow to come to testify, for appeal purposes, ruled them "irrelevant" for jury. DC did not allow Def to testify. Def atty, in summing up for jury, discussed "irrelevant" issues and testimony. DC charged jury to ignore "irrelevant" issues, decide only whether Def reported for induction. Mar 25: Def convicted. Apr 1: 5 yrs.

Dec, 1966: CA 2 affirmed. Feb 6, 1967: Def jailed. Mar 20: USSC denied cert, Douglas, J diss: Petition should be granted to answer sensitive, recurring questions; (1) whether Treaty of London is treaty within Art VI, cl 2; (2) whether

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question re waging aggressive "war" is justiciable question in this criminal case; (3) whether Vietnam episode is "war" in sense used in Treaty; (4) whether Def has standing to raise question; (5) whether, if he has, it may be tendered as defense in criminal case or in amelioration of punishment.

Robert L Borrick, Esq, NYC; formerly William Kunstler, Esq, 511 5th Ave, NYC; Conrad J Lynn, Esq, 401 Broadway, NYC; Fyke Farmer, Esq, 311 American Trust Bldg, Nashville, Tenn; Leonard Boudin, Esq, 30 E 42nd St, NYC; Mark Lane, Esq, 156 5th Ave, NYC.
126.12. US v Conklin (SD NY) Dec 9, 1965: Def refused to report for induction "for reasons of conscience, morals, ethics, and philosophy," to prevent having to commit war crimes against Nurnberg judgment. Feb 10, 1966: Def arrested; &1500 bail, restricting Def to US. Apr 28: Def invited to join Peace Corps in Morocco; unable to leave US. Je 28: Def moved to dismiss complaint under Sixth Amdt guarantee of speedy trial. Je 30: US also moved to dismiss. Jy 11: DC dismissed. Jy 12: Def received order to report for induction Jy 26; did not report, indicted.

Def moved to dismiss: (1) indictment doesn't describe elements of offense, (2) Def cannot be convicted of both offenses: larger includes lesser, (3) orders of draft bd based on impermissible classification by bd in violation of 1st and 5th Amdts: §456(j) excludes from CO status those with "essentially political, sociological, or philosophical views or merely personal code": this defense capable of determination without trial of genl issue (FRCrP 12(b)). Apr 7, 1967: DC denied motion to dismiss: (1) indictment fully apprises Def what he must be prepared to meet, (2) specific terms of 50 USC App §462 define separate offense for each instance of failure to perform duty under Act or local bd order, (3) issues of constitutional law should not be determined on incomplete record, US not required to controvert Def's assertions re beliefs by affidavit on penalty of dismissal. Def moved for bill of particulars under FRCrP 7(f); DC granted: US did not object; Def entitled to (1) particulars of alleged failure to perform obligations, (2) statement of Regs claimed to have been violated, examinations he allegedly failed to submit to, directions he allegedly disregarded. Def moved for production of documents relating to war in Vietnam: FRCrP 17 (a); DC denied: cts will not examine purposes for which executive employs armed services in foreign military operations (US v Hogan, 369 F2d 359, 360 (CA 2 1966)). Def moved for leave to take depositions abroad: necessary element of wilfulness cannot be established if Def shows he earnestly believes conduct of US constitutes aggression condemned by international law; depositions will establish rational basis for Def's beliefs. DC denied: validity of Def's defense established only if Def takes stand at trial; he can testify fully re basis for his beliefs; even if there is valid "Nurnberg" defense it is not bar to prosecution of charges made. Pending.

Rabinowitz, Boudin, & Standard, Esqs, 30 E 42nd St, NYC, for Emergency Civil Liberties Comm.
126.13. Mora, Johnson, Samas v McNamara, Resor (CA DC, #1733-66) Je 30, 1966: Pl draftees sought preliminary injunction against being sent to fight in Vietnam, declaratory judgment that Vietnam war illegal because undeclared, violates treaties, Nurnberg judgment. Jy 1: Pls announced at press conference refusal to be sent to Vietnam. Jy 7: order that Pls be sent to Oakland changed to Ft Dix; Pls arrested on street, taken to Ft Dix, 2 put in hand irons. Jy 7-14: kept under administrative restriction. Jy 11: DC dismissed suit. Jy 14: Pls ordered to board plane for Vietnam; Pls refused 3 times. Put in solitary confinement. Sept 2: DC refused to enjoin cts martial pending appeal in CA DC. Sept 6-9: Pls tried, convicted: 3 yrs hard labor, dishonorable discharge for 1; 5 yrs, dishonorable discharges for 2. Oct 7: Pls complained of inhuman conditions in stockade. CA affirmed dismissal of injunction suit. Je 30, 1967: Military Rev Bd affirmed convictions, but made all sentences 3 yrs. Nov 6: USSC denied cert, Stewart, J (Douglas, J) diss: cert should be granted to consider 4 questions: (1) Is US activity in Vietnam a war under US Const, Art I, §8, cl 11; (2) If so, can President order soldiers to war without declaration by Congress; (3) What about US treaty obligations; (4) Re Tonkin Bay Resolution—do present US military operations fall within it; did it delegate power to President unconstitutionally? Douglas, J (Stewart, J) diss: Do London Treaty, SEATO Treaty, Kellogg-Briand Pact, UN Charter give rights to individuals or give rise to justiciable controversy? USSC should decide.

Stanley Faulkner, Esq, 9 E 40th, NYC; Selma Samols, 517 11th St NW, Washington, DC.

Ft Hood Three Defense Comm, 29 Park Row, NYC.
126.14. Levy v Corcoran (USSC, #576) Feb-Dec 1966: Pet MD, conscripted Army Capt, expressed disagreement with US policy in Vietnam in conversations with soldiers, in private letter to soldier in Vietnam. Dec: Pet ct martialed: (1) Art 133—conduct unbecoming officer and gentleman; (2) Art 134—disorders . . . to the prejudice of . . . discipline; (3) Art 90—failure to obey order to give medical training to Army Special Forces personnel. Apr 17, 1967: Pet brought class suit in DC seeking: 3-judge ct to declare Arts 133, 134 unconstitutional on their face and as applied for impermissible vagueness and Art 90 as applied to suppress free speech; injunction against their enforcement and Pet's ct martial due to "chilling effect." May 3: DC held it lacked subject matter jurisdiction. May 8: Pet filed petition in CA DC for mandamus writ to order DC to convene 3-judge ct, and for stay of ct martial; CA (2-1) denied both. May 10: Pet sought stay of same day's ct martial from Warren, CJ; referred to USSC conference; May 22: denied. Nov 13: USSC denied cert.

Charles Morgan, Jr, Laughlin McDonald, Esqs, 5 Forsyth St NW, Atlanta; Melvin L Wulf, Alan H Levine, Eleanor Holmes Norton, Esqs, 156 Fifth Ave, NYC; Lawrence Speiser, Ralph J Temple, Esqs, 1424 16th St NW, Washington, DC; Prof Anthony G Amsterdam, 3400 Chestnut St, Philadelphia, all ACLU.

And see Levy (ct martial), 126.14a; Levy (bail), 126.14b.
126.14a. US v Levy (Army General Ct Martial, Ft Jackson, SC) May 10, 1967: Ct martial opened against Def (Pet in 126.14). Def contended: (a) All charges would have been protected by First Amdt if Def a civilian and Army did not prove any clear and present danger to any compelling military interest from Def's conduct; (b) medical ethics forbade Def training Special Forces personnel because they were inadequately trained, were not supervised closely in practice, were permitted wide discretion in using drugs, were directed to use medicine as a weapon in violation of Geneva Conventions; (c) Special Forces committed war
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crimes condemned by Nurnberg Judgment. Ct permitted some proof of (c) from Army manual, The Law of Land Warfare (Jy 1956), from Def's witnesses Robin Moore, Donald Duncan, Capt Peter Bourne re mutilation of dead, bounties, assassination, use of weapons causing unnecessary suffering, forcible removal and transfer of civilians, wanton destruction, summary execution and torture. Je 2: Ct held Def did not prove a, b, or c: convicted; 3 yrs. Military appeal pending.

Case description: Ira Glasser, Judgment at Ft Jackson, 4 Law in Transition Q 123.

For counsel, see 126.14.

For bail, pending appeal, see 126.14b.
126.14b. Levy v Resor (ED SC, #67-442) (US Ct of Mill App, Misc #67-9) Jy 6, 1967: After ct martial conviction, Pet, Def in Levy, 126.14a, filed petitions for habeas, bail pending appeal, and mandamus in DC and Ct of Mil App for release. DC denied habeas: bail entirely in discretion of Commanding Officer. Jy 7: USCMA denied writ. CA 4 affirmed. Petition for cert pending.
126.15. US v Oquendo (ED NY, #66 CR 326) Local draft bd classified Def 1-A. Def (Negro-Puerto Rican) wrote to draft bd: he could not conscientiously participate in war crimes US is committing. Draft bd ordered Def to report for induction; Def requested h'g before bd with attorney: Mar 7, 1966: bd denied counsel. Aug: Grand jury indicted Def for failure to report. Def contended induction order invalid: lack of fair cross-section of people on draft bd; individual should repudiate war crimes of his govt; denial of right of counsel at bd h'g violated due process. Feb 20, 1967: case called; pending.

A F Mana, Esq, Legal Aid, 225 Washington St, Brooklyn; Conrad Lynn, Esq, 401 Broadway, NYC.
127. Judicial Review of SSS Regulations, Orders, Induction (and see 121, 362)
Report: National Advisory Commission on Selective Service (Burke Marshall, ch), In Pursuit of Equity: Who serves when not all serve? Feb 1967. Supt of Documents, Washington, DC 20402. &1.50.

Regulations: Selective Service System Regulations, current statute, and continuing subscription to amended Regs: Supt of Documents, Washington, DC 20402. &6. Cited as "32 Code of Fedl Regulations 1600 et seq" or as "SSS Reg. 1601."

Memos: Selective Service System Local Board Memos: Supt of Documents. &4/yr.

Manual: Manual for Use of Government Appeals Agents: State SSS Headquarters.

Memo: American Civil Liberties Union, An attack on constitutionality of SSS Reg 1624.1(b) excluding counsel from local draft board h'gs. ACLU, 156 Fifth Ave, NYC 11225.


127.2. Del Bourgo v Mansfield (ND Calif, #45849) 1965: Pl filed From 100 after Seeger, 121.32, but without knowledge of Seeger from Def Bd or elsewhere, did not ask for Form 150. Pl later saw Form 150, assumed it did not apply to him. June, 1966: Pl refused to take Army physical to show opposition to war. Sept 1: Def ordered Pl inducted for delinquency. Sept 16: Pl consulted counsel, read Seeger, asked for Form 150. Sept 21: Pl refused induction; turned in Form. Oct 24: Pl sued Def for 3-judge ct: (1) to declare unconstitutional Def's order requiring use of pre-Seeger Form 150 because it is anti-Seeger test; (2) to order Def to consider Pl's Form 150 as if filed when Pl became CO and not when actually filed; (3) to rescind induction order. Feb 23, 1967: DC held: 3-judge ct not required because constitutionality of Act not contested; remedies not exhausted; dismissed complaint. Aug: DC denied petition for reconsideration. Sept: Pl sought I-O, II-S or I-S from Def; pending. Appeal filed in CA 9; pending. Jan 1968: Bd classified Pl I-A. Mar: Bd held personal appearance. May: Bd classified Pl I-O; case dismissed as moot.

Norman Leonard, Esq, 1182 Market St, San Francisco; Ann Fagan Ginger, Esq, 1715 Francisco St, Berkeley.
127.3. Pavloff v Local Bd #57 (ND Calif) Facts and issues similar to Del Bourgo, 127.2. Jy 11, 1967: Pl sued to restrain Def from inducting Pl, to order Def to allow Pl to file 150 Form and exercise all rights of appeal from classification, to enjoin Def from turning over Pl's Selective Service file to US Atty for prosecution. All motions denied.

Patrick Sarsfield Hallinan, Esq, 345 Franklin St, San Francisco 94102.
127.4. Strieter v Mclssac (Marin Co) (ND Cal) Jan 21, 1965: Pl registered, filled out Series VIII on Form 100, did not complete Form 150 because, on its face, limited to those with formal religious training and belief. Mar 8: USSC handed down Seeger, 121.32. Nov 12: classified I-A. May 19, 1966: classified II-S. Aug 17: classified I-A. Sept 19: received induction notice, sought counsel. Oct 10: completed Form 150. Oct 12: without h'g, Def notified Pl it had decided reopening not warranted. Oct 13: Pl appeared for physical exam; on Form DD 398 stated he was CO and opposed to combatant and noncombatant service. Mar 13, 1967: Pl ordered to report for induction. Apr 13: Pl sued to enjoin induction order, to order Def to reopen Pl's classification and afford Pl personal h'g, to defer taking any other action until he has been afforded opportunity to exhaust appeal procedure. Pending.

Phillip Ziegler, Esq, 532 Natoma, San Francisco 94103.
127.5. Petersen v Clark (ND Cal, #47888) 1961: Pl-draft registrant physically examined, declared `non-acceptable for induction.' May 31, 1965: Def-Bd mailed Pl DDF 62 stating Pl `acceptable for induction.' Nov 9: Pl classified II-S. Sept 28, 1966: Pl classified I-A. Pl requested forms for CO, occupational deferment. Jan 25, 1967: Pl asked Def-Bd to explain SSS Form 150. Def told Pl belief in traditional "God" necessary to truthfully apply for CO; Pl did not apply. Apr 23: Def affirmed I-A, forwarded appeal on occupational grounds only. Je 7: Appeal bd affirmed. Jy 7: Def ordered Pl inducted Jy 26. Jy 12: Pl consulted atty, heard about Seeger, 121.32. Jy 17: Pl submitted SSS 150; Def postponed induction. Aug 26: Def refused re-opening, re-classification. Sept 1, 6: Pl wrote Def for personal interview, appeal; no answer. Sept 7: Def ordered Pl inducted Sept 27. Sept 11, 13: Pl's counsel wrote to Def asserting Pl's right to interview; no answer. Sept 14: Pl in person requested SSS Form 151 from Def-clerk; denied. Sept 20: Pl filed for declaratory judgment by 3-judge ct, mandamus, injunction, restraining order alleging: (1) DC has jurisdiction—1967 Act §10(b)(3) does not prevent judicial review here or is unconstitutional, (2) Pl's beliefs within Seeger, (3) SSS Forms 100 and 150 inadequate,
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quate, denial of First, Fifth Amdt rights, (4) Defs misled Pl on Jan 25, (5) induction order ends administrative process, (6) Pl entitled to personal interview, submission of SSS Form 151. After argument in DC, Def-Bd agreed to reconsider. Later, Bd ordered Pl inducted; Pl sought 3-judge fedl ct; issue: constitutionality of Act §10(b)(3) prohibiting judicial review before refusal of induction. Jan 1968: DC ordered 3-judge ct convened. Pending.

Doris B Walker, Esq, 1440 Broadway, Oakland.

Article: Norman Leonard, Laurent Frantz, Judicial review of selective service orders, 26 Guild Practitioner 85 (1967).
127.6. US v Butler (CA 6, #17, 579) Def refused to submit to induction: draft as applied to him is unconstitutional: when ordered to report for induction, conscription was unnecessary since quotas necessary to be filled at that time could have been filled with volunteers. Def moved for production of documents now in possession of Dept of Defense containing study of Govt which followed challenges to necessity of conscription in Congress; DC denied. At trial, DC excluded from evidence copies of Congressional speeches, comm hearings re draft law. Def convicted: 5 yrs. Appeal pending: conscription is such severe deprivation of liberty that due process requires Def be able to challenge constitutionality of induction order on basis that national security does not require compulsory draft.

Ralph Rudd, Esq, 33 Public Sq Bldg, Cleveland, Ohio.

ACLU amicus by Bernard Berkman, Marvin Karpatkin, Esqs, 156 Fifth Ave, NYC.
127.7. In re Shapiro (DC NJ, # #704-66, 51-67) Oct 1965: Bd classified Pet I-A. Jy 14, 1966: Pet filed complaint to stay induction and order bd to permit introduction of evidence for exemption or allow appeal to app bd; DC dismissed. Pet inducted into Army. Jy 20: Pet filed for habeas. Oct 4: DC denied application; held failed to exhaust military administrative remedies. Dec 12: Natl SSS denied administrative remedies. Jan 16, 1967: Pet filed habeas, claimed no bd quorum, no fair bd hearing. May 15: DC issued writ; ordered Pet released from Army; held no bd quorum nor majority vote violating 32 CFR §1604.56; Pet to receive time credit if subsequently lawfully inducted.
127.8. Donald Fass v Selective Service System (SD NY) Apr 6, 1967: Def failed to report for induction; sued for temporary order restraining induction proceedings and ordering examination by Selective Service medical bd to confirm or rule out alleged ailments. Apr 26: DC declined to issue order.
127.9. Katz v Tyler (USSC) (cd 386 US 942) Dec 1965: Pets, National Guard members and registrant who received induction order, sought restraining order against Pres Johnson, McNamara, and draft officials to prevent being drafted, claiming compulsory induction violates 9th Amdt rights. DC refused to convene 3-judge ct. Oct 19, 1966: CA 2 held Pets not entitled to mandamus compelling convening of 3-judge ct for hearing on constitutionality of UMT Act. Feb 27, 1967: USSC denied cert.

Henry M Holzer, Phyllis T Holzer, Esqs, 500 Fifth Ave, NYC.
127.10. Price v Kuenan (CD Calif) Pl filed Form 150 for CO; bd denied I-O. Pl requested personal appearance, as required by SSS Regs. Bd denied, invited Pl for "interview." Pl sued for injunction against bd to prevent pending induction. Je 1967: injunction granted.

J B Tietz, Esq, 257 S Spring St, Los Angeles 90012.
127.11. US v O'Connor (ND Calif, #41279) 1966: Def classified I-O; refused to do alternate service: (1) purpose of Selective Service System is maintenance of armed force; (2) mandatory civilian service is violation of First, Fifth, Ninth and Thirteenth Amdts; (4) power of gov't to withhold benefits does not grant to gov't power to unconstitutionally condition those benefits. Def indicted. Motion to dismiss pending.

Peter Franck, Jeanette Hermes, Esqs, 2890 Telegraph, Berkeley.
127.12. Stashuk v Clark (ND Calif) 1964: Pl filed Form 100 with bd. Jy 21, 1966: Pl classified I-A. Oct 14: after moving to NY, Pl wrote to bd requesting change of bd to NY. Nov 9: Bd replied that bd could not be changed; Pl (wrongfully) assumed bd would continue to use his former San Francisco address (his parents' home) as his permanent address; bd, however, changed his address to NY one. Nov: Pl moved to new NY address without notifying bd due to above assumptions. Mar 24, 1967: Bd sent notice on induction to old NY address. Pl did not receive or learn of induction notice until Jy when FBI contacted his mother in San Francisco. Pl then notified bd of new NY address. Jy 13: On learning he qualified for CO, Pl filed Form 150, including supporting letters. Sept 26: Pl filed with bd dependency questionnaire based on his new wife's pregnancy, and requested either I-O or III-A, filing also Form 151. Pl attempted to obtain relevant information from bd to no avail. Sept 27, 1967: US Atty wrote to bd declining prosecution, recommending III-A classification due to pregnancy. Oct 25: Bd refused to reconsider Pl's classification. Nov 17: Pl ordered for induction on Dec 14. Nov 29: Pl requested an appearance before the bd. Dec 3: Pl's wife's psychiatrist wrote to bd noting that separation from Pl during pregnancy could lead to "severe depression and psychotic break with reality," possibility of suicide. Dec 8: Bd refused to reconsider, denied Pl personal appearance. Dec 8-11: Pl's atty attempted to obtain review of classification and induction order from State Dir of Selective Service; office refused relief. Pl at no time informed of existence of appeal agent. Dec 13: Pl sued for declaratory judgment, mandamus, injunction, temporary restraining order; pending. Issues: (1) Pl's ignorance of classification standards, procedure, rights owing to failure of bd to so inform him; (2) hostility of bd toward CO applicants resulting in arbitrary, unreasonable actions in violation of Selective Service Act and Regulations.

Fay Stender, Esq, 501 Fremont Bldg, 341 Market St, San Francisco 94105.
127.100. Wolff and Shortt v Selective Service Local Bds 16, 66 (CA 2) (372 F2d 817) Pls, full-time students (Mich) classified II-S. Oct 15, 1965: Pls and others sat-in at Ann Arbor draft bd, Brothman and 29 Defs, 128.2. Dec 10: NYC Dir of Selective Service asked Def Bds to review Pls' classifications for violation of draft law, §12(a)—penal statute for failure or refusal to perform duty. Def sent Wolff delinquency notice; Defs reclassified both Pls I-A. Pls asked Defs to return I-A status; 2 other Defs had II-S restored by local bds; 1 restored by App Bd. Feb 17, 1966: Pls sought injunction to prevent orders of induction (28 USC
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§1331). Jy 11: DC granted Defs' motion to dismiss: no jurisdiction to review orders of draft bds; no exhaustion of administrative remedies. Jan 30, 1967: CA 2 reversed; (1) local bds acted without jurisdiction; (2) attempts to secure relief within SSS would be futile; (3) threat to First Amdt rights of such immediate and irreparable consequence to Pls and others that prompt action by cts required to avoid erosion of precious constitutional rights; on remand, Pls must show &10,000 injury for fedl cts to have jurisdiction.

Robert Layton, Ralph Fine, Esqs, 405 Park Ave, NYC 10022; Alan H Levine, Esq, ACLU, 156 Fifth Ave, NYC 10010.

Case Note: 13 Albany 349.

CONGRESSIONAL COMMENT ON HERSHEY DIRECTIVES 10/26/67:

Sen Hart, Cong Rec—Sen. Nov 14, 1967, S 16375; Nov 21, S 16884;

Sen Young, Cong Rec—Sen. Nov 30, 1967, S 17409-10;

Sen E Kennedy, Cong Rec—Sen. Dec 13, 1967, S 18489-18495;

Cong Kastenmeier, Cong Rec—House. Dec 14, 1967, H 16984-5.

Article: Maj Charles W Schiesser, JAGC, Legality of reclassification of SS registrants for protest activity. Cong Rec—App. Feb 27, 1967, A 933.
127.101. Natl Student Assn v Hershey (DC DC) Pls are NSA, Students for a Democratic Society, Campus ADA, and presidents of student gov't organizations (UC-Berkeley, Howard, Houston, G Washington, Wayne, Harvard, Oberlin, Notre Dame, Newark State, Minnesota, Illinois, Columbia, Colorado, Union Theological Seminary, Calif State College—LA), and president of Univ Christian Movement, suing on their own behalf and for those similarly situated. Dec 4, 1967: Pls sued SSS Dir under 42 USC 1981, 1983, 1985; 28 USC 1331(a), 1343(3), (4), 2201; &10,000 jurisdictional amount. Oct 24, 1967: Def issued Local Bd Memo 85 on actions when registrant returns draft card and confidential letter to all members of SSS: "Demonstrations, when they become illegal . . . will . . . produce much evidence that relates to the basis for classification and . . . violations of the act and Regs"; send all such information thru SSS to local bds, which should use it to reclassify registrants or declare them delinquent and order their immediate induction. Nov 8: letter made public. Nov 2: Tulsa local bd reclassified Ratliff from II-S: "your activity as member of SDS" not "to the best interest of . . . US Gov't"; Nov 9: Salt Lake City bd reclassified Huey after antidraft demonstration, see 127.104; Nov 24: White Plains bd reclassified Gibbons after returning draft card (see 123s). Pls desire to continue to express dissent under First Amdt.

Issues: directive void on face, as applied: vague, overbroad sweep creates chilling effect on exercise of First Amdt, Dombrowski, 245.16d, 380 US 479; violates Fifth Amdt due process; violates Fifth and Sixth Amdt rights of registrant subjected to punitive sanctions, incl: indictment, speedy and public trial, by jury, confrontation, assistance of counsel; violates separation of powers by altering legislation and sanctioning administrative trial; conflicts with statutory deferments in 1967 draft law; directive issued in violation of Adm Procedure Act (5 USC 552); Regs 1642.1, 1602.4 re delinquency violate all listed constitutional rights, and employ draft as administrative punishment.

Pls seek permanent injunction against Def enforcing directive or delinquency Regs; for declaratory judgment that they are void; for injunction requiring publication of all relevant SSS documents. Pending.

Eleanor Holmes Norton, Esq, 1424 16th St NW, Washington, DC 20036; Arthur Kinoy and William Kunstler, Esqs, 511 5th Ave, Melvin Wulf, Esq, ACLU, 156 5th Ave, all of NYC; Harriet Van Tassel, Esq, 116 Market St, Morton Stavis, Esq, Law Center for Constitutional Rights, 744 Broad St, both of Newark.
127.102. Anderson v Hershey, Michigan SSS Director, and SSS Local Bds (ED Mich, S Div) 17 Pls, all registered with Def local bds, classified I-Y, veteran honorably discharged, I-W, I-O, II-S, III-A, I-A. Oct 16 or Dec 4, 1967: 13 Pls returned to Def registration or classification card to advise Govt of dissent from military involvement in Vietnam; 4 Pls desired to do so but didn't out of fear of priority induction. Oct 24: Genl Hershey issued letter. Nov-Dec: Def bds sent delinquency notices to 2 Pls; reclassified 1 Pl from II-S to I-A; ordered 1 Pl I-O to do alternative service. Dec: Pls sued on grounds and for relief similar to Natl Student Assn, 127.101. Pending.

David Y Klein, Esq, 1331 1st Natl Bldg; Norton Cohen, Esq, ACLU, 830 Washington Blvd Bldg; Dennis James and James Lafferty, Esqs, Neighborhood Legal Services Center, 3546 Trumbull, all of Detroit.
127.103. Peffers v SSS Washington Appeal Bd and Local Bds (WD Wash, N Div, #7469) Defs classified 2 Pls as I-Y and II-S, ordered both to take Defense Dept physical exam. Jy 11 and Oct 5, 1967: Pls reported for exam, agreed to submit to exam, passed out leaflets inside induction center, ejected by officer in charge. Aug 17-Nov 28: Defs sent Pls: (1) delinquency notices for failure to cooperate at exam; (2) reclassifications to I-A; (3) induction orders. Oct 24: Genl Hershey issued letter. Dec 1: Pls filed class suit on grounds and for relief similar to Natl Student Assn, 127.101. Pending.

Michael H Rosen and Richard L Young, Esqs, ACLU, 2101 Smith Tower, Seattle 98104; Melvin Wulf, Esq, 156 Fifth Ave, NYC.
127.104. Huey v SSS Local Bd 22 (DC Utah, C Div) Oct 12, 1967: Def classified Pl II-S til Oct 1968. Oct 20: Pl and 7 others peacefully demonstrated near Army induction center. Oct 24: Genl Hershey sent letter to all SSS employees to reclassify demonstrators. Nov 6: without notice, Def reclassified Pl college student I-A. Dec 1: Pl filed suit on grounds and for relief similar to Natl Student Assn, 127.101. Pending.

G Kenneth Handley, Jr, Esq, 800 Continental Bank Bldg, and I Daniel Stewart, Jr, Esq, 2620 E 3900 S, both of Salt Lake City.
127.105. Kimball v SSS Local Bd 15 (SD NY, #67/—) Oct 16, 1967: 3 Pls, classified IV-A, IV-D, I-O, returned registration certificates to US Govt. Oct 24: Genl Hershey issued letter. Nov 14-21: 3 Def local bds sent delinquency notices (SS Form 304) to 3 Pls; 1 Def bd reclassified Pl from IV-D to I-A. Dec 1: Pls sued on grounds and for relief similar to Natl Student Assn, 127.101.

Robert Layton, Esq, 405 Park Ave, and Melvin L Wulf, Alan H Levine, and Eleanor Holmes Norton, Esqs, ACLU, 156 Fifth Ave, NYC.
127.106. Rev Bucher v SSS Local Bd 7 (DC NJ) Jy 14, 1958: Def classified Pl IV-D. Oct 16, 1967: Pl returned registration
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certificate to US. Oct 24: Genl Hershey issued letter. Nov 15: Def reclassified Pl I-A without explanation. Nov 30: Pl filed suit on grounds and for relief similar to Natl Student Assn, 127.101. Dec 1967: Local Bd returned IV-D classification to Pl.

Emerson Darnell, Esq, 219 High St, Mt Holly; Morton Stavis, Esq, 744 Broad St, Robert A Carter, Esq, 180 University Ave, Henry M di Suvero, Esq, ACLU, 45 Academy St, all of Newark; Robert Layton, Esq, 405 Park Ave, NYC.
128. By Civilians (and see 50s)

128.1. Autenrieth v US (ND Cal, #48025) 1966: 100 Bay Area residents filed claims for refund of 22% of 1965 income taxes which directly financed Vietnam war on grounds: conscientious objection to war, desire to avoid prosecutions under Nurnberg judgment for participating in, financing war in violation of UN Charter, intl law, crimes against peace, humanity, genocide. IRS rejected claims for refund. Oct 10, 1967: class suit filed for refund. Pending.

Francis Heisler, Esq, P O Drawer 3996, Carmel, Calif; Peter Franck, Esq, 2890 Telegraph Ave, Berkeley.

Taxpayers Against War, PO Box 15394, San Francisco 94115.
128.2. Michigan v Brothman, Bloom (Ann Arbor) (USSC) Oct 15, 1965: Protest at local draft bd; 29 arrested: trespass. Muni Ct convicted Defs, &70 each and 15 to 20 days. Retried to jury in Cir Ct, raising Nurnberg defense; convicted. Dist Ct of App affirmed. Aug 22, 1967: Mich Sup Ct denied leave to appeal. Petition for cert pending.

Ernest Goodman, Esq, 3220 Cadillac Tower, and David Klein, Esq, Cadillac Tower, both of Detroit.

ACLU as amicus.

And see Wolff, 127.100.
128.3. Farley v Healey (SF Super Ct, #582425) (67 AdCalR 324) Pet circulated petition to place measure on Nov 7, 1967 SF municipal election ballot opposing Vietnam war. Aug 22, 1967: Pet submitted 21,000 signatures to Resp-Registrar of Voters, who, pursuant to advice of City Atty, refused to accept them. Aug 23: Pet filed mandamus petition. Aug 31: Super Ct denied. Mandamus petition filed in Cal Sup Ct. Sept 18: Sup Ct reversed: (1) Registrar of Voters exceeded magisterial power to see that procedural requirements are met in deciding what initiatives should be presented to electorate; (2) nothing in Charter restricts SF electorate's right to vote to municipal matters only: liberally read, it allows voting on public policy also.

Benjamin Dreyfus, Allan Brotsky, Esqs, 341 Market St, San Francisco 94105.
128.4. US v Weissman, Martin (Ft Sill) (DC Okla) Jy 29, 1967: Commanding Officer issued order barring Defs, members of Youth Against War and Fascism, from post. Jy 31: Defs entered post. Aug 20: Jury found Defs guilty: violating commander's order.
129. Miscellaneous
130. Denial of Tax Exemption to Institutions
(see also 202, 266)
130.8. Mikell v Williston (Chancery Ct, Dist of Chittenden) Vt statutes dating to 18th century make rental income from certain public lands payable to church coffers. Aug 1966: Pls, taxpayers and residents of Def-town, sued for declaratory judgment invalidating: (1) public trust under which Episcopal Diocese leases lands to town; (2) payment of rental income from lands to churches; (3) tax exemption granted on the lands: violate fedl and state constitutions. Pending.

William E Mikell, Esq, 144 S Willard, Burlington, Vt.
140. Sunday Closing Laws
150. Miscellaneous Restrictions
151. In Prisons
And see George, 555.Ark.1.
151.6. Cooper v Pate (CA 7) (324 F2d 165 (1963), rev'd 378 US 546 (1964) 1952: Pl sentenced to 2 100-yr terms after tavern killing. 1963: Pl-prisoner in Ill state prison prevented from receiving Muslim literature, sued prison officials. DC denied injunction, CA 7 affirmed: Pl's claim under 42 USC §1983 not sufficient considering discipline problems which could result from practice of religion, citing Chicago Police Dept report, sociological data from Brown, 347 US 483. Je 22, 1964: USSC reversed: taking as true allegation that Pl was deprived of privileges granted other prisoners, it was error to dismiss complaint. Je, 1965: DC held: Pl entitled to use of Koran, consultation with Muslim ministers, worship with fellow Muslims; not entitled to access to Muslim and Arabic periodicals, books, or release from segregation on grounds of religious discrimination. Je 27, 1967: CA affirmed: Pl failed to show other readings were central to his faith; did not consider Pl's claim against being held in segregation unit and therefore denied attendance at religious services; issue is new on appeal.

Robert S Solomon, Esq, 105 W Adams St, Chauncey Eskridge, Esq, 123 W Madison St, Ronald Silverman, Esq, 19 S LaSalle St, all of Chicago, for ACLU.
151.13. Smyth v Howard (USSC) (365 F2d 428; cd 385 US 988) 1966: CA 4 held First Amdt prohibits Virginia state penitentiary sup't from placing Black Muslim prisoner under maximum security for expressing desire to hold religious services and refusing to give names of his co-religionists. Dec 12: USSC denied cert.
151.14. Harris v Fitzharris (ND Cal) 1966: Prison officials refused to allow Pl-prisoner to have any religious books, religious counseling from Musliim ministers or meet with fellow members of his religion on basis Muslim religion preaches black supremacy and is too dangerous to be allowed to exist in prisons. Complaint pending.

Richard Bryan, Esq, 333 Pine, San Francisco.
151.15. Johnson v Dist of S Missouri Commrs (CA 8 #18398) (258 FSupp 669, 12 RRLR 370; 368 F2d 184) Prison officials allegedly refused requests of Pl-Black Muslim to attend Islam religious meetings. Pl filed suit seeking injunctive relief, award of damages under 42 USC §1983. Feb 21, 1966: DC ruled it should not interfere with internal prison administration, especially regulations necessary to maintain order, discipline; §1983 only grants cause of action against persons acting under color of state law, not fedl law; dismissed for failure to state cause of action. Pl appealed. CA 8 affirmed, noted case now moot: prisoners can now change religious affiliation, Bur of Prisons gave Pl permission to attend Muslim services.

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Note: Suits by Black Muslim prisoners to enforce religious rights—obstacles to a hearing on the merits. 20 Rutgers 528-571.
152. In Other Places
Comment: Right of expression in prison. 40 S California 407-23.
152.11. Hollon v Pierce (3d Dist Ct of App) Pl-school bus driver fired from job after school trustees became aware of his religious views as published in fundamentalist tract and, allegedly, felt he was unstable: not fit to be bus driver. Pl sought mandamus: denial of freedom of religion, failure to show incompetence. Jy 31, 1965: Super Ct denied writ. Oct 1967: appeal argued. Pending.

Marshall W Krause, Esq, 503 Market St; Robert Laws, 646 Van Nuys Ave, both of San Francisco; Henry Saunders, Esq, 1428 West St, Redding; all for ACLU.
152.12. California v Petersen (Dist Ct of App) Fall 1966: Def-writer arrested for possession of marijuana. Defenses: freedom of religion (drug provides "inner harmony"); right to privacy; cruel and unusual punishment. Convicted; appeal pending.

Paul K Robertson, Esq, 777 N First St, San Jose.
152.13. Colorado v Mana Pardeahtan (Denver) (Denver Co Ct, Cr #9454) Colo law forbids use of peyote (48-4-2 CRS 63). Half-Apache Indian arrested: being under influence of, possessing, importing drugs. Def argues law unconstitutional as applied to him: discriminates against him as member of Native American Church which considers use of peyote sacrament essential to practice of its religious beliefs. Je 27, 1967: Ct ruled statute unconstitutional as applied to Def who used peyote in honest, good faith in practice of Peyotism, bona fide religion.

Eugene Deikman, Esq, 1700 Broadway, Denver 80202.

Note: Use of peyote as a free exercise of religion: State v Bullard (148 SE2d 565, 1966). 19 Florida 377-382; 28 Ohio State 369-377.
152.14. Massachusetts v Sheridan (Mass Super Ct) Def-Christian Scientist's child died of lung infection. Def charged with manslaughter: failure to provide proper medical care. Defense: reliance on religious healing does not show wanton and reckless disregard for life; charge denies Def freedom of worship. Nov 1967: Def convicted: 5 yrs probation. Pending.

Walter Jay Skinner, Esq, 19 Milk St, Boston.
152.15. Alabama-W Florida Methodist Conf v Prichard Northside Bible Church (DC Ala, Mobile) Def disagreed with parent church; withdrew from denomination and kept church property as authorized by Alabama's Dumas Act. DC held Act invalid.
FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
200. Organizational Privileges Challenged
201. As to Meetings (see also 11, 63)

201.2. Sullivan Co Comm for Peace in Vietnam v Bd of Supervisors (Sullivan Co Sup Ct) 1966: Suit to prohibit Def from denying meeting facilities to political group. Pending.

Noel Tepper, Esq, 31 New Market St, Poughkeepsie; Jeremiah S Gutman, Esq, 363 7th Ave, NYC.
201.3. Madole v Barnes (Orange Co) (NY Ct of App) Je 14, 1965: Resp-Supervisors promulgated rule restricting non-judicial use of courthouse to political parties polling 50,000 or more votes at last gubernatorial election. Nat'l Renaissance Party applied for courthouse meeting permit; denied—allegedly right-wing. Pet-NRP director sued to compel issuance. Spec Term ordered permit to issue; App Div reversed. 1967: Ct of App reversed App Div, reinstated trial ct order: contested use restriction denies equal protection to minor parties; NRP meeting in courthouse would not immediately threaten public interest; Pet not required to prove NRP is political party.

Jeremiah S Gutman, Esq, 363 Seventh Ave, NYC 10001.
202. As to Tax Exemption (see also 130, 266)

202.4. US v Communist Party, Hall (SD NY) 1956: Internal Revenue Service held Def Party owed &261,050 in income and excess profits tax for 1951 plus &120,484 interest, penalties. Service collected &7,720 thru seizure and sale of Def's assets. Mar 20, 1962: US sued for &500,000 (1956 sum plus interest), alleging Def lost exemption as political party on passage of 1954 Communst Control Act. Motion to dismiss as to individual Defs granted; Oct 25, 1962: amended complaint filed. May 12, 1967: Dismissed with prejudice following disposition of Communist Party v Commr, 202.4a.

John J Abt, Esq, 299 Broadway, NYC.
202.4a. Communist Party v Commr of Internal Revenue (Tax Ct) Pet filed for redetermination of alleged &326,000 deficiency in 1951 and 1956 income and excess profits taxes. Sept 14, 1962: Tax Ct dismissed petition for failure to prove its filing was authorized by Pet. Apr 9, 1964: CA reversed order of Tax Ct. At trial, Tax Ct found deficiency. Feb 1, 1967: CA reversed, remanded for trial on issue of Pet's taxability. May 12, 1967: Tax Ct found no deficiency, per stipulation of parties.

John J Abt, Esq, 299 Broadway, NYC.
202.6. Re Christian Echoes Ministry (Internal Revenue Service) Nov 1964: IRS notified Ministry, parent organization of Rev Billy James Hargis' Christian Crusade, of intent to revoke tax exemption as religious organization under IRC §501(c) (3). Sept 22, 1966: exemption revoked: substantial attempts to influence legislation; intervention in political campaigns. Determination pending on years for which taxes due.
202.6a. Christian Echoes Ministry v US (ND Okla #67-C-114) Je 28, 1967: Taxpayer in 202.6 filed complaint for refund of 1966 Social Security taxes: illegal assessment and collection. Pending.
202.7. Parker v Commr of Internal Revenue (USSC) (365 F2d 792, 385 US 1026) Tax Ct found religious organization's commercial publications, projects promising subscribers financial reward prevented qualification for exemption as religious organization. CA 8 affirmed. Jan 16, 1967: USSC denied cert.

Horace J Donnelly, Esq, Am Security and Trust Bldg, Washington, DC.
203. As to NLRB Certification (see also 245, 291)

203.3. Dennis v US (USSC) (346 F2d 10, rev'd 384 US 855) Facts: XII DOCKET 1. Case note: 62 Northwestern 233-243.
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204. As to Continued Existence (see also 63, 213, 223)

204.8. Arkansas ex rel Bennett v NAACP Legal Def & Educ Fund (Cir Ct, Pulaski Co, #44679) Dec 1958: Atty Genl sued to recover statutory penalty from Def for "doing business" in state without complying with foreign corporation registration statute. Oct 1967: pending.

NAACP Inc Fund, 10 Columbus Cir, NYC.
204.9. Arkansas ex rel Bennett v NAACP Legal Def & Educ Fund (Cir Ct, Pulaski Co, #45183) July 1958: Atty Genl sued to enjoin Def from violating Ark statute prohibiting corporate practice of law. Oct 1967: pending.

NAACP Inc Fund, 10 Columbus Cir, NYC.
204.19. Smith v Harrison (Wiggins, Miss) (Co Ct, #3018) Def and Pl's parents involved in auto accident. Pl sued for &1,500,000 damages; SNCC, NAACP, SCLC, CORE, COFO joined as Defs: Def negligent while acting as agent for the organizations. NAACP moved for summary judgment: Def was not NAACP employee and NAACP had no control over his actions. Fall 1967: Trial.

Jack Young, Esq, 115 N Farish St, Jackson, Miss; James M Nabrit, III, Esq, Howard University, Washington, DC.
204.21. Landlord v Wallace (New Rochelle City Ct) Hippies leased shop, running it as psychedelicatessen. Landlord began eviction action: Defs violated year's lease by sleeping there, keeping it open after 9 PM, loitering in streets. Defs argued this is harassment to force them out. Pending.

Steven Goldsmith, Esq, 10 Morgan Place, White Plains, NY.
210. Compulsory Registration
211. Under 1950 Internal Security (McCarran) Act
Articles: Rowland Evans, SNCC in Havana; Library of Congress, Interpretation of the Smith Act. Cong Rec—House, Aug 3, 1967, H 9920.

Speech: John M Ashbrook, DuBois Club recognition at U of Illinois. Cong Rec—House. Feb 16, 1967, H 1442.

Legislation: HR 10390 amends 1950 Internal Security Act, substituting registration by Atty Genl for self-registration, in response to Albertson v SACB (USSC) 211.1d, 382 US 70 (1965) Cong Rec—House. May 25, 1967, H 6362; adopted as 81 Stat 765, PL 90-237.

Proposed Legislation: S 2146, S Res 145, to abolish Subversive Activities Control Board. Cong Rec—Sen, House. Jy 21, 1967, S 9948; Jy 24, 1967, S 10043, S 10100, H 9187; Jy 25, 1967, H 9314; Jy 26, 1967, H 9493, S 10409; Aug 15, 1967, S 11521.


211.1a. US v Communist Party (CA DC) (367 US 1 (1961); 331 F2d 807 (CA DC 1963); cert den 377 US 968 (1964); 373 F2d 682 (1967)) 1961: Def indicted for failure to register as Communist-action organization. Dec 1964: DC granted Govt motion for retrial on 1961 indictment. Feb 25, 1965: Grand Jury returned 12-count indictment charging failure to register during period Feb 13-23, 1965; failure to file registration statement knowing volunteer available willing to sign form. Mar 5: DC granted Govt motion to consolidate both indictments for trial. Apr 2: Def moved to dismiss 1965 indictment: faulty premise of McCarran Act that Party is "conspiracy" directed from Moscow disproved by current real disagreements within Communist world. Nov 2: DC denied motion. Nov 4: At trial, 3 ex-CP member-FBI agents testified to their willingness to register Party. Jury found Def guilty on all 23 counts. DC imposed maximum &10,000 fine per count: &230,000. Appeal to CA argued: (1) violation of Fifth Amdt privilege against self-incrimination; (2) holding Party was "Communist-action organization" was administrative decision; (3) Communist movement as described does not exist; (4) denial of speedly trial; (5) violation of Eighth Amdt re excessive fines. Mar 3, 1967: CA reversed: Act "hopelessly at odds" with Fifth Amdt since registration of Party would result in prosecution under Smith Act. Apr 4: Justice Dept announced it would not appeal.

John Abt, Esq, 299 Broadway, NYC; Joseph Forer, Esq, 711 14th St NW, Washington, DC.
211.16. Katzenbach v W E B DuBois Clubs of America (USSC; SACB, #126-66) June 1964: DuBois Clubs founded. Mar 4, 1966: Atty Genl petitioned SACB to have Pet ordered to register as "Communist-front organization" under 1950 Subversive Activities Control Act §7 (b)-(d). Apr 27, 1966: Pet moved that petition be dismissed or proceedings halted pending outcome of Pet's injunctive suit, W E B DuBois Clubs, 211.16a. H'g before SACB: Feb 1968.

William M Kunstler, Esq, 511 5th Ave, NYC 10017; Terence Hallinan, Esq, 345 Franklin St, San Francisco.

And see DuBois Clubs, 211.16a.
211.16a. W E B DuBois Clubs of America, Bevel, Emspak, Lynd v Katzenbach (USSC, #515) Apr 26, 1966: Pls filed suit for interlocutory injunction, permanent injunction, and declaratory judgment to restrain Atty Genl from ordering it to register (211.16) on ground 1950 Subversive Activities Control Act §7 (b)-(d) void and illegal as violation of US Constitution, Art I, §9 Clause 3, Art III; First, Fifth, Eighth, Ninth, Tenth, 13th, 14th, and 15th Amdts. DC agreed to convence 3-judge ct to determine constitutionality of Act. May 5, 1967: 3-judge ct dismissed complaint. Je 12: Ct granted motion to prevent SACB from any further proceedings until USSC appeal settled. Dec 11: USSC (7-2) affirmed dismissal, per curiam: (1) Congress provided for administrative proceedings, review in CA DC; (2) can't permit Pls to have "important and difficult constitutional issues ... decided devoid of factual context and before it was clear ... [Pls] ... were covered by the Act"; (3) Dombrowski, 245.16d, 380 US 479, different—no criminal prosecution here. Douglas, J (Black, J), diss: (1) provisions of Act void on their face, no factual issues to resolve, so no reason for DC to abstain; (2) Act curbs, penalizes advocacy of "Communism," is "at war with the First Amdt"; (3) "Communism, as an ideology, embraces a broad array of ideas. ... The word `revolution' has of course acquired a subversive connotation in modern times. But it has roots that are eminently respectable in American history. This country is the product of revolution. ... Teaching and espousing revolution—as distinguished from indulging in overt acts—are therefore obviously within the range of the First Amdt"; (4) Act is overbroad; organization classified a "Communist front" faces serious consequences, yet its vindication would only come after protracted h'gs and appeals.

David Rein, Esq, 711 14th St NW, and Monroe H Freedman, Esq, 1424 16th St NW, both of Washington, DC; Arthur Kinoy and William M Kunstler, Esqs, 511 5th Ave, NYC 10017; Melvin L Wulf, Esq, ACLU, 156 5th Ave, NYC 10010.

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Monroe H Freedman, Esq, Amicus for ACLU, 156 Fifth Ave, NYC.
212. Under 1954 Communist Control Act
213. Under State Laws (see also 204, 245)
214. Under Foreign Agents Registration Act
220. Listing
Statement: J Edgar Hoover on CPUSA, SWP, PLP, SDS, VDC, etc. Cong Rec—House. Sept 27, 1966, H 23073.
221. By the Attorney General of the United States
222. By Congressional Committees
Statement: Am Council on Education, Encourages confidentiality of student political organization membership lists. Science, Aug 4, 1967.
223. By State Authorities (see also 24, 281)

223.3. Elfbrandt v Russell (USSC) (384 US 11) Facts: XI DOCKET 75. Case notes: 38 Mississippi 321-328; 12 S Dakota 383-407.
FREEDOM OF ASSOCIATION: AFFECTING THE MEMBERS (240-294)
UN DECLARATION OF HUMAN RIGHTS: Art 20
240. Criminal Penalties for Membership
241. Under Smith Act: for Conspiracy
242. Under Smith Act: for Membership Only
243. Under 18 USC §2384
244. Under Kennedy-Landrum-Griffin Act
(see also 203, 291)
245. Under State Laws (see also 54)

245.15. Indiana v Levitt, Bingham, Morgan (SD Ind, #IP 65-C-462) 1963: Defs-students (Indiana Univ) indicted: subversion (§10-5201, Burns' Ind. Stats. (1951)) for "assembling for the purpose of advocating or teaching the doctrine that the government of the United States or the state of Indiana should be overthrown by force, violence, or any unlawful means. ..." Indictments dismissed; Defs reindicted. Cir Ct held: statute unconstitutional, no written opinion. State's appeal pending. Issues: (1) pre-emption by fed'l regulations in same field; (2) statutory vagueness and (3) restrictions on First Amdt liberties. Jan 25, 1965: Sup Ct reversed, held act constitutional. Jackson, J, diss: Act unconstitutional on face; vagueness, First Amdt restriction. Defs filed for 3-judge fedl ct; pending. State dismissed charges.

Leonard Boudin, Esq, 30 E 42d St, NYC, for Emergency Civil Liberties Comm; Daniel T Taylor, III, Esq, Louisville, Ky

Amicus for Ind CLU; John Wood and James Droege, Esqs, Indianapolis; Ralph Fuchs, Esq, Bloomington, Ind.

And see Levitt, 245.15a.
245.15a. Levitt v Indiana (SD Ind, Indianapolis Div) 1966: Suit by Defs in 245.15, Young Socialist Alliance and profs at Indiana Univ to enjoin enforcement of state anti-Communist act. Pending on motion for summary judgment, despite Ind's dropping of original action (245.15); State refuses to agree not to enforce statute in future.

Leonard Boudin, Esq, 30 E 42nd St, NYC, for Emergency Civil Liberties Comm; Daniel T Taylor, Esq, 514 Louisville Trust Bldg, Louisville, Ky
245.16b. Dombrowski v Eastland (USSC) (358 F2d 281, 387 US 82) Facts same as in Dombrowski v Pfister, 245.16d, 380 US 479 (1965). Sept 1963: Pls, 2 attys and official of Southern Conference Education Fund, alleged Defs, chairman and counsel for Internal Security Subcomm of Sen Judiciary Comm, tortiously participated in conspiracy with La officials to seize Pls' property, records in violation of Pls' Fourth Amdt rights, sued for injunction against use of documents, for their return, and &500,000 damages for false arrest, illegal seizure and conspiracy. DC DC granted summary judgment to Defs; CA affirmed. May 15, 1967: USSC, per curiam: (1) affirmed dismissal re Sen Eastland—record does not contain evidence of involvement in activity that could result in his liability due to legislative immunity; (2) reversed dismissal re Comm counsel Sourwine—sufficient factual dispute whether he actively collaborated with La officials to go to trial; less immunity for employee of legislative comm.

Prof Arthur Kinoy, Rutgers Univ School of Law, Newark, NJ.
245.16c. Pfister v Arceneaux (CA 5) (376 F2d 821) Facts same as in Dombrowski v Pfister, 245.16d, 380 US 479 (1965); v Eastland, 245.16b. Sept 1963: Pls, 2 attys and official of Southern Conference Education Fund, alleged chairman and atty for Sen Internal Security Subcomm tortiously participated in conspiracy with Def La officials to seize Pls' property, records. Mar 16, 1965: DC granted summary judgment to third-party Defs. Nov 14, 1966: CA reversed: Pls raised genuine issue of material fact whether chairman, members of La Comm were "acting in the sphere of legitimate legislative activity" which would entitle them to immunity; remanded.
246. Under 1950 Internal Security (McCarran) Act

246.1. US v Robel (USSC) (254 FSupp 291, 88 SCt 419) Spring 1961: USSC sustained Subversive Activities Control Bd's order requiring Communist Party to register as "Communist-action" organization under 1950 Subversive Activities Control Act, 50 USC §784. Oct 20: Order became final. Aug 20, 1962: Secy of Defense designated Todd Shipyards "defense facility" under Act §5(b). May 21, 1963: Def indicted for being Party member working at defense facility under §5(a)(1)(D). DC granted Def's motion to dismiss, finding indictment failed to allege Def's membership was "active," with "specific intent," requirements DC read into Act to save its constitutionality. Gov't appealed to CA 9, then certified to USSC on direct appeal. Dec 11, 1967: USSC affirmed (6-2), Warren, CJ: (1) §5(a)(1)(D) cannot be saved from constitutional infirmity by limiting application to active members with specific intent because it "sweeps indiscriminately across all types of associations with Communist-action groups, without regard to the quality and degree of membership, [and] ... runs afoul of the First Amdt"; (2) "the phrase `war power' cannot be invoked as a talismanic incantation to support any exercise of congressional power which can be brought within its ambit"; (3) "Congress has the power under narrowly drawn legislation to keep from sensitive positions in defense
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fense facilities those who would use their positions to disrupt the Nation's production facilities"; (4) "when legitimate legislative concerns are expressed in a statute which imposes a substantial burden on protected First Amdt activities, Congress must achieve its goal by means which have a `less drastic' impact on the continued vitality of First Amdt freedoms."

Marshall, J, took no part. Brennan, J, conc in result. White, J (Harlan, J), diss.

Casenote: 19 Syracuse 785-9.
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)
Proposed Legislation: S 1035, S 1036 prohibits coercion re donations and invasion of privacy of fedl employees. Cong Rec—Sen. Feb 21, 1967, S 2343.
251.56. Kearney v US Civil Service Commn (SD Calif) Je, 1966: Pl, post office employee, ran unsuccessfully for House of Reps seat in Republican primary; discharged: violation of Hatch Act §9(a): no employee in executive branch, or any agency, or dept of fedl govt may take active part in political management, political campaigns. Je 1967: Pl sued for reinstatement: §9(a) unconstitutional. Pending.

Tony Geram, Esq, ACLU, 8408 Sierra, Fontana.
251.57. Soltar v O'Brien (ND Calif) Pl refused consideration for Post Office position for refusal to answer loyalty oath questions required by Hatch Act. Mar 29, 1967: Pl filed suit alleging questions deprive him of constitutional rights to freedom of speech, press, association; violate due process: vagueness, uncertainty. Pending.

Jerome Falk, Esq, 650 California; Marshall W Krause, Esq, 503 Market, both of San Francisco, for ACLU.
251.58. Margetich v Civil Service Commn (Civil Service Commn Bd of App and Rev) Pet denied post as Social Security claims examiner: alleged past membership in Communist Party. Pet charged he had not been given h'g. 1966: App Bd set aside adverse suitability ruling: Pet's denial of Party membership did not constitute intentional false statement, great length of time had elapsed since alleged incident.

Lawrence Speiser, Esq, for ACLU, 1424 16th St NW, Suite 501, Washington, DC.
251.59. In re Employee (Office of Industrial Access Authorization Rev) Apr 1949: Rel-student probationary member of Communist Party. May 1950: Party expelled Rel as deviationist. Jan 1962: Rel, now gov't employee, called before screening board. Je 1962: Gov't issued statement of reasons denying Rel "secret" clearance. Nov 1963: H'g—Gov't presented no evidence or witnesses, so Rel did not testify. Nov 1965: H'gs reopened; again no evidence, no testimony. Jy 1966: Office held "secret" clearance for Rel "consistent with national interest"; Rel had no duty to prove negative, Gov't failed to confront Rel with accusers.

Ernest Besig, Esq, 503 Market, San Francisco, for ACLU.
252. As to Passport Applications and Right to Travel
UN DECLARATION OF HUMAN RIGHTS: Art 13(1).

Speech: William G Bray, Atty Genl should enforce 18 USC 1544 (passport misuse) against Carmichael. Cong Rec—House. Jy 26, 1967, H 9437.


252.35. Zemel v Rusk (USSC) Facts: X DOCKET 31—XI DOCKET 20. Case note: 50 Minnesota 977-984.
252.58. Travis v US (USSC) (241 FSupp 472, 353 F2d 506, rev'd 385 US 491) Def twice visited Cuba; arrested: unlawfully departed from US without bearing valid passport for Cuba; convicted on stipulated facts. CA 9 affirmed. Jan 10, 1967: USSC (9-0) reversed, Fortas, J: Gov't did not allege or prove that Def did not bear valid passport on each visit to Cuba via Mexico; under Laub, 252.59, area restrictions on use of otherwise valid passport are not criminally enforceable under §215(b).

John T McTernan, Esq, 3165 W 6th, Los Angeles.
252.59. US v Laub (USSC) (253 FSupp 433, aff'd 385 US 475) Defs indicted under 18 USC §371 for conspiring to violate 8 USC §1185(b) by recruiting and arranging travel to Cuba of 58 American citizens whose passports were not specifically validated for travel there. DC, after long trial, granted Defs' motion to dismiss. US took direct appeal. Jan 10, 1967: USSC (9-0) affirmed, Fortas, J: (1) In Zemel, 252.35, 381 US 1, USSC found authority for area restrictions in gen'l passport authority vested in Secy of State by 1926 Act, 22 USC §211a; (2) issue here is criminal act, §1185(b) which must be narrowly construed; (3) passport is document identifying citizen, requesting foreign powers to allow bearer to enter and pass freely, recognizing right of bearer to protection of Am diplomatic officers; (4) area restriction re Cuba did not refer to §215(b) or to criminal sanctions for travel there, but said purpose was to make clear US could not guarantee protection of US citizen there; (5) crimes cannot be created by inference, or for conduct gov't told citizen was available to him.

Leonard B Boudin, Esq, 30 E 42nd St, NYC.

Proposed Legislation: HR 11952 provides criminal penalties for travel ban violation, in response to US v Laub, 252.59, 385 US 475. Cong Rec—House. Aug 8, 1967, H 10110; Aug 10, 1967, H 10315.
252.62. US v Anton (SD NY, 64 Civ 2263) July 21, 1964: US Atty sued to replevy passports of 4 Defs who allegedly journeyed to Cuba in violation of 8 USC §1185b, and regulations thereunder. DC issued order to show cause returnable July 28. Dismissed on authority of US v Laub, 252.59, 385 US 475.

Leonard B Boudin, Esq, 30 E 42d St, NYC, for Emergency Civil Liberties Comm.
252.67. Wittman v Sec'y of State (CA DC, #20789) 1964: Pl visited Cuba. Def withdrew Pl's passport. Jy 8, 1966: Bd of Passport Apps affirmed. Feb 1967: Pl sought injunction, declaratory judgment. Feb 15: Def's motion for summary judgment and dismissal granted. Joint appeal with Gregory, 252.68, pending.

David Rein, Esq, 711 14th St NW, Washington, DC 20005; Leonard B Boudin, Esq, 30 E 42nd St, NYC 10017; Walter T Wittman, Esq, 25 E Salem St, Hackensack, NJ.
252.68. Gregory v Secretary of State (CA DC, #20789) Def told Pl Negro comedian travel to N Vietnam to entertain American POW's would be cause for cancellation of passport. Dec 27, 1966: Pl sued to enjoin Def from cancelling passport, to invalidate Def's regs which provide for revocation
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of passports on travel to restricted areas. Feb 15, 1967: DC DC denied Pl's motion for preliminary injunction. Je 7: Appeal argued in CA with Wittman, 252.67. Pending.

Leonard Boudin, Esq, 30 E 42nd St, NYC 10017; David Rein, Esq, 711 14th St NW, Washington, DC 20005.
253. As to Army Discharges (see also 122, 341)

253.54. Re Airman (Air Force Discharge Rev Bd) Apr 8, 1960: Def enlisted in USAF. Def hospitalized when charges of fraudulent enlistment brought. Investigation related to Def's associations with his allegedly radical parents. Def signed statement admitting contributing money, buying books for Comm to Free Steve Nelson. May 10, 1961: Discharged dishonorably. Rev Bd examiner found "action ... inconsistent with ... Harmon," 253.4, 355 US 579. Mar 18, 1965: Pending before review bd.

ACLUNC, 503 Market St, San Francisco 94105.
254. As to Veterans Disability Payments

254.3. Thompson v McNamara (CA DC, #20,737) Pet, Spanish Civil War veteran, decorated as US hero after World War II. 1949: Pet convicted of violating Smith Act (see Dennis, 241.). 1953: arrested; convicted for failure to surrender for 3 yr Smith Act sentence. After serving 18 mths of contempt sentence, DC released Pet on &25,000 bond, pending outcome in Green, 411.2. After USSC decision in those cases, DC denied Pet's motion for release. USSC denied cert. 1954: Veteran's Administration stopped Pet's disability benefits under 38 USC §3504. Pet sued on ground forfeiture under §3504 requires showing veteran guilty of mutiny, treason, sabotage, etc, and no such charge or proof in Smith Act trial. 1965: DC granted Pet's motion for summary judgment: US not "at war" in Korea in 1950's. (See Thompson v Gleason, 254.2, X DOCKET 32—XI DOCKET 20.) Oct, 1965: Pet died. Gov't refused widow's request for burial in Arlington Nat'l Cemetery because of conviction under Smith Act. Mar 11, 1966: widow sued for declaratory judgment and injunction to require Gov't to permit burial there. Nov 29, 1966: DC dismissed complaint. Appeal pending: (1) Natl Cemetery Regs issued in violation of Admr Procedure Act; (2) Exclusionary Reg is unconstitutional as bill of attainder, ex post facto, denies due process, punishes exercise of First Amdt freedoms.

Wm Warfield Ross, Lawrence Speiser, Joel E Hoffman, Esqs, ACLU, 1424 16th St NW, Washington, DC 20036.

Pamphlet: Milton Wolff, Gerald Cook: The Arlington Case. 32 pp. Sylvia E Thompson, PO Box 262, Madison Square Station, NYC 10010.
255. As to Social Security Benefits (see also 263, 346, 422)

255.2. Weiss and Pollitzer v Gardner (USSC, #904) (263 FSupp 184, 386 US 9) Mar 1966: Pls filed suit for injunction and declaratory judgment against enforcement of non-Communist oath required for Medicare benefits on constitutional grounds. Gov't motion to dismiss denied. June 7: argument before 3-judge ct. Oct 11, 1966: Gov't motion to dismiss granted, remanded to DC on Gov't assurance inquiry was unconstitutional following dismissal of Reed, 255.4. Feb 13, 1967: USSC vacated and remanded with instructions to dismiss complaint as moot.

William D Zabel, Esq, 52 Wall St; Melvin L Wulf, Esq, 156 5th Ave, both of NYC, for ACLU.
255.4. Reed v Gardner (CD Calif) (261 FSupp 87) Pls sued for injunction and declaratory judgment against enforcement of non-Communist oath required for Medicare benefits. Jy 28, 1966: DC issued temporary restraining order enjoining Def from requiring oath of applicants, granted Pls' motion to convene 3-judge ct to decide whether order should be made permanent. Nov 14: 3-judge ct held: oath violates First Amdt rights of speech, association, assembly. Jan 4, 1967: Justice Dept announced it conceded oath unconstitutional, would not appeal panel's decision: citing Elfbrandt, 223.3, 384 US 11; threat to free speech and association overbalanced Dept's interest in denying Communists Medicare benefits.

A L Wirin, Fred Okrand, Laurence R Sperber, Esqs, ACLU, 323 W Fifth St, Los Angeles 90073.

Case note: 18 Mercer 495—497.

And see Weiss, 255.2.
255.5. Healey, Taylor v Gardner (CD Calif, #67-1179-S) 1950: McCarran Act changed Social Security Act to exclude payments by employers required to register as "Communist action" or "Communist front" organizations (Social Security Act §210 a 17). Aug 11, 1967: 2 officers of Communist Party sued, alleging Act is bill of attainder, requested 3-judge ct. Pending.

Ben Margolis, Esq, 3175 W 6th St, Los Angeles 90005.

Amicus by A L Wirin, Fred Okrand, Esqs, 257 So Spring St, Los Angeles 90012, for ACLU.
256. In Housing Projects (see also 423, 530s)
257. As to Federal License Applications
Regulations: FCC, Right of reply by station-criticized candidates. NY Times, Jy 6, 1967.

And see NAACP v KNEW, 25.28.

258. Through Deportation Proceedings
(see also 358)

UN DECLARATION OF HUMAN RIGHTS: Art 14(1)


258.15. Sherman v Immigration and Naturalization Service (USSC) (350 F2d 894, 385 US 276) 1906: Pet born in Poland. 1920: Pet entered US. 1937: Pet fought with Loyalists in Spain. 1938: Pet re-entered US. 1963: Resp-INS began deportation proceedings: Pet returned from Spain without inspection required of aliens. Sept 1964: Spec Inquiry Officer ordered Pet deported. Jan 1965: Bd of Imm App affirmed. Sept 1965: CA reversed deportation order, held deportation more serious penalty than many criminal sanctions; as "to long term resident ... Gov't must prove beyond a reasonable doubt the facts upon which deportation depends"; flimsy testimony of one witness as to events 28 yrs previous inadequate; remanded to Service. Nov 5: DC granted Gov'ts petition for reh'g for en banc determination. Jan 1966: CA 2, en banc, reversed. USSC granted motion of independent scholars to file amicus on question of burden of proof. Dec 12, 1966: USSC (7-2) reversed, Stewart, J: (1) burden of proof and scope of judicial review two different matters; (2) appropriate burden in deportation proceedings is same as in denaturalization cases: "clear, unequivocal, and convincing evidence." On remand, INS filed motion to terminate in BIA.

Ira Gollobin, Esq, 1441 Broadway, NYC; Joseph Forer, Esq, 711 14th St NW, Washington, DC.

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Amicus brief by Prof Frank C Newman, U of Calif Law Bldg; Siegfried Hesse, Esq, 929 Oxford St, both of Berkeley.
258.18. Lahtinen v Immigration and Naturalization Service (BIA) 1942: Resp filed petition for naturalization, liting past membership in Finnish Workers Federation; INS never calendared petition for DC h'g. 1958: INS commenced deportation proceeding: claimed Federation (which ceased existence in 1941) had been affiliated with Communist Party. 1961: BIA ordered deportation. Je 12, 1967: BIA, on motion of INS, ordered order withdrawn and proceedings terminated; ruled INS had not presented "clear, unequivocal and convincing evidence" under test of Sherman, 258.15.

Ira Gollobin, Esq, 1441 Broadway, NYC.
258.19. Dymytryshyn v Esperdy (SD NY, 66 Civ 2375) Def, under §242(d), 1952 Imm and Nationality Act, ordered 13 alien Pls to: (1) report to Imm Office in person at specified intervals for identification; (2) submit to interrogation concerning employment, residence, travel movements. Aug 2, 1966: Pls filed suit to enjoin enforcement of order: (1) violates Fifth Amdt due process, equal protection; (2) inflicts punishment without charge or conviction of crime; (3) constitutes cruel and unusual punishment. Pending.

Ira Gollobin, Esq, 1441 Broadway; John Abt, Esq, 299 Broadway, both of NYC.
258.20. Berenyi v District Director, INS (USSC) (239 FSupp 725, 352 F2d 71, aff'd 385 US 630) 1956: Pet entered US from Hungary. 1962: Pet filed petition for naturalization: Have you ever, in US or elsewhere, been member of or connected with Communist Party directly or indirectly? Pet, under oath, answered No. At final h'g before DC, Gov't produced 2 witnesses that Pet had been member of Party in Hungary 1945-1948; Pet said he had attended Party functions under pressures but never member; Pet's wife, 4 witnesses testified he expressed strong opposition to Communist regime in Hungary. DC found Pet testified falsely in h'gs, had been Party member, denied citizenship. CA 1 affirmed. Jan 23, 1967: USSC (6-3) affirmed, Stewart, J: Under `2-ct' rule, USSC has no empirical expertise to set against lower cts' decisions on purely factual issues when no claim any constitutional issues at stake; (2) burden of proving deportability is on Gov't by "clear, unequivocal, and convincing evidence," but in naturalization case, burden is on alien to show eligibility in every respect; citizenship not denied for membership but for not telling truth.

Douglas, J, (Warren, CJ, Brennan, J), diss: Analyzing evidence shows evidence of membership was "clearly erroneous."

Leon B Savetsky, Esq, 41 E 42nd, NYC.
259. Through Denaturalization and Naturalization Proceedings (see also 358)
UN DECLARATION OF HUMAN RIGHTS: Art 15(1)
259.8. US v Bimba (SD NY, Civ #63c 1328) 1913: Def entered US, aged 19. 1926: arrested in Mass for blasphemy and inciting overthrow of gov't; charges dropped. 1927: Def naturalized. 1924-1964: Editor of Lithuanian daily. 1957: Rep Scherer (of HUAC) asked his deportation. Dec 1963: US sued to cancel Def's naturalization for concealment of material facts in application for citizenship, eg, 1926: Mass charges. Mar 1964: DC denied Def's motion to dismiss. Def pleaded affirmative defenses: (1) laches: facts on which denaturalization sought not acted on for 37 yrs; (2) res judicata: 1927 judgment granting Def citizenship adjudicated matters in complaint; (3) use of denaturalization proceedings to punish exercise of rights under First Amdt not proper purpose. DC denied Govt motion to strike (3). Jy 1967: following plea to Justice Dept by distinguished group of clergy, Dept agreed to drop suit.

Blanch Freedman, Esq (dec'd); Ira Gollobin, Esq, 1441 Broadway, NYC.
259.53. Re Application of Hirsh (CD Calif) Apr 1963: Pet filed for citizenship. Imm Service opposed application: Pet opposed to Vietnam war, Cuban blockade, HUAC; helped sponsor public forums with 2 Communist Party speakers and Marxist economist, attended public meeting sponsored by Communist Party; Pet not "attached to principles of US" nor concerned with its "peace and happiness." May 10, 1967: DC held that holding of such views did not make person unworthy of being US citizen.

Maynard Omerberg, Esq, 6290 W Sunset, Los Angeles.
259.54. Petition of Nomland (CD Calif) 1939: Pet immigrated to US, later applied for citizenship. Imm and Nat Service recommended she be denied: she would not swear to bear arms for US and did not qualify for religious exemption since she is atheist. Dec 13, 1967: DC held Pet eligible for citizenship: under Seeger, 121.32, 380 US 163, Pet is "not an atheist," since she believed in "an ordered universe."
259.55. Weitzman v US (Minneapolis) (US Immigration Service) Woman, S African citizen, applied for US citizenship, refused to take statutory oath to bear arms for US, based on religious belief which does not embody concept of Supreme Being. Application denied. May 1967: Pl sued: First Amdt religious grounds. H'g held. Pending.

Thomas C Kayser, Esq, MCLU, Minnesota Bldg, St Paul 55101.
260. Civil Disabilities for Membership: State, Local and Private
261. In State, Local Government Employment
(see 421)

Atty Genl's Opinion—New Hampshire: Dec 31, 1966: Atty Genl ruled NH loyalty oath unconstitutional; "A person may, legally, refuse to sign oath."


261.1. Wilkins v Carlander (Super Ct, Kings Co, #490844) Pl-warehouseman in cold storage plant of Port of Seattle brought action against Def-Commr, other officials of Port testing constitutionality of state law requiring state employees to take oath of non-membership in Communist Party and organizations on Atty Genl's list. Issues: does statute violate First and Fifth Amdts, deprive Pl of property in violation of 14th Amendment and constitute bill of attainder. Jan 1956: temporary restraining order issued, preventing dismissal for refusal to sign oath for indefinite time. In light of Baggett, 281.1a, 377 US 360, case may be considered closed.

John Caughlan, Esq, 615 Arctic Bldg, Seattle.
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261.18. Rosenfield v Malcolm (Cal Sup Ct) (421 P2d 697) Sept 21, 1964: Pl-Asst Dist Health Officer, probationary employee, fired for refusal to resign from Ad Hoc Comm to End Discrimination. Dec 23: Pl sought mandate for reinstatement, back pay. Super Ct sustained demurrer without leave to amend. Jan 5, 1967: Cal Sup Ct reversed and remanded; lack of protected civil service status does not permit summary dismissal for political activities displeasing to superiors; "ultimate boundaries of (Pl's) rights are not set by Alameda Civil Service Comm rules but by the Constitution of the United States."

Marshall Krause, Esq, ACLU, 503 Market St, San Francisco.
261.20. Tabor v Montgomery Co (Cir Ct) May 1965: Pl social worker, CORE chairman, led picket line at Co office bldg protesting appointment of 2 alleged segregationists to Co Human Relations Comm. Pl fired by Welfare Dept: conduct unbecoming Co employee. Pl sued for reinstatement with back pay. 1966: Cir Ct overruled demurrer. Spring: Trial on Pl's suit for reinstatement as social worker.

Ronald Rosenberg, Richard B Wolf, Esqs, Md-ACLU, 10 E Center St, Baltimore.
261.23. In re Harold Supriano (San Francisco Civil Service Commn) Apr 14, 1966: Resp probationary worker, member of W E B DuBois Club, 211.16, dismissed on ground he falsely claimed family illness as reason for: (1) 1963 leave of absence when he went to Mississippi to do civil rights work, and (2) 1965 resignation prior to trip to North Vietnam. Apr 28: Resp restored to city payroll eligibility list but Commn refused to give back old job. Nov 3: SF CSC ruled Resp could not hold Social Service position for 1 yr, could be re-hired by Dept after that.
261.14. Partlow v Los Angeles Bd of Civil Service Commrs (Super Ct, #894,959) 1966: Pet, part-time city library employee, took clerk examination; qualified; after interview notified disqualified for having engaged in conduct which "would reflect adversely on, or bring discredit to the City of Los Angeles," ie: attending meetings of W E B DuBois Club, 211.16, and Youth Action Comm. Pet discharged from library job; same reason. Nov 4: Pet filed petition for writ of mandate to be placed on eligible list for clerk and reinstatement to messenger-clerk library job. Dec: Super Ct granted writ of eligibility; denied for reinstatement (former position exempt from classified civil service and Bd has no power relating thereto); held: Resp does not question Pet's loyalty; no final administrative or judicial determination of organizations' character.

Robert L Brock, Esq, 9465 Wilshire Blvd, Beverly Hills 90212.
261.25. Vogel v Co of Los Angeles (Calif Sup Ct, 68 Adv Calif 12) 1952: voters adopted Levering Oath, Art XX, §3 of state constitution: prospective Co employee must swear he does not advocate overthrow of state or fedl govts by force or other unlawful means, has not been member for 5 yrs of organization advocating overthrow, will not join such organization while employed by Co. Apr 20, 1967: Pl filed taxpayer's suit for injunction restraining Defs, Co officials, from enforcing oath: violation of 14th Amdt: vague; violation of First Amdt. May 16: Super Ct granted summary judgment, issued injunction: Defs may not spend Co funds to administer oath. Dec 21, 1967: Sup Ct affirmed: the public need is not so great as to outweigh the "impairment of constitutional rights"; persons may not be denied public employment solely by reason of their associations, citing Keyishian v Bd of Regents, 281.20a, 385 US 589.

A L Wirin, Fred Okrand, Laurence Sperber, Esqs, 257 So Spring St, Los Angeles, for ACLU.
261.26. Gilmore v Texas (ND Tex) (274 FSupp 75) Pl refused to take oath requiring all state employees to swear they are not members of any of 200 "subversive organizations" on Texas Atty Genl's list; dismissed from job as instructor at Dallas Co Junior College. Aug 30, 1967: 3-judge ct ruled oath unconstitutional.
262. In Teaching (see also 24, 267, 281, 342, 571)
Pamphlet: Academic Freedom Comm, ACLU, Academic freedom, academic responsibility, academic due process in institutions of higher learning. ACLU, 156 Fifth Ave, NYC. 30 pp. &.30.
262.13. Johnson v Wayne Township Bd of Educ (Passaic Co Super Ct, #L-26988-64 PW; NJ Commr of Educ) Bd discussed Pl's alleged "Communist" beliefs without opportunity for Pl to defend or present witnesses; Bd abolished Pl's position as science coordinator. Pl sued to re-institute his status as teacher and appealed to Commr. 1966: both pending.

Michael Gross, Esq, One Essex St, Hackensack, NJ, Amicus for NJ ACLU.
262.17. Re Pickering (Lockport) (Will Co Cir Ct, Ill) Tenure teacher wrote letter to local newspaper accusing Bd of Educ of mismanagement, issuing misleading statements re use of funds. Teacher dismissed, sought judicial review: interference with rights of free expression. Mar 3, 1966: Cir Ct upheld dismissal: "Freedom of speech does not protect the job of an employee whose conduct is against the interests of his boss. . . . The interest of the school is patently an overriding public interest and is one of such importance that it overrides the right of free speech." Petition for cert filed in USSC.

John Ligtenberg, Genl Counsel, Amer F