Meiklejohn Civil Liberties Institute Archives logo
| HOME | HISTORY | PUBLICATIONS | DOCKETS | FINDING AIDS |

CIVIL LIBERTIES DOCKET
Vol. VIII, No. 1
November, 1962
$10.00 per year
Search in this volume

Case Number: 
Enter a specific case number or use * as wildcard, e.g., 303.15, 303.*

Case Title: 
Enter keywords from the title of a case, e.g., carpenters union

Case Description: 
Enter keywords from the description of a case, e.g., segregation school
   

The DOCKET is published four times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor

I. FREEDOM OF EXPRESSION AND ASSOCIATION (FIRST AMENDMENT RIGHTS) (10-299)

MATERIAL ON U.S. SUPREME COURT

Book:

Paul A. Freund, The Supreme Court of the United States. 225 pp. Meridian Books. $1.35 paper.

Law review articles:

Laurent B. Frantz, The First Amendment in the balance, 71 Yale 1424-50

Justice Black and First Amendment "absolutes": A public interview, 37 N.Y.U. 549-63

Benjamin F. Wright, The Supreme Court cannot be neutral, 40 Texas 599-618

Alan F. Westin, Out-of-court commentary by U.S. Supreme Court justices, 1790-1962: Of free speech and judicial lockjaw, 62 Columbia 633-69

Alfred W. Blumrosen, Significant supreme court decisions affecting labor relations, 1960 term: Herein of political use of union dues and of hiring halls, 16 Sw. L. J. 57-81

Hon. Archibald Cox, Understanding the Supreme Court, 2 Nat. Resources J. 136-52

Comment:

Extrajudicial activities of judges, 47 Iowa 1026-43

GENERAL CONSTITUTIONAL MATERIAL

Law review articles:

Stanley H. Fuld, The voices of dissent, 62 Columbia 932

Charles Fahy, Judicial review of executive action, 50 Georgetown 709-32

Louis H. Pollak, Constitutional adjudication: Relative or absolute neutrality, 11 J. of Pub. L. 48-63

Comment:

Prior restraint — the constitutional question, 42 Boston 357-72

Study:

Civil Liberties Educational Foundation, Study on teaching of Bill of Rights. 138 pp. 200 Park Ave. S., NYC.

GENERAL ADMINISTRATIVE MATERIAL

Law review article:

Bernard Schwartz, Judicial review of administrative action: Mixed questions of law and fact, 50 Georgetown 684-99

Case note:

Legislative delegation of authority to administrative agency, freedom of the press: Application of Schillaci (16 Cal. Rptr. 757, 1961) 35 Temp. L. Q. 334-337

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

11.3a. ACLU of S. Calif. v. Los Angeles and San Diego Bds. of Educ. (Calif. Sup. Ct.) (earlier case: 11.3, 359 P. 2d 45, cert. den. 368 U.S. 819.) Pl.-organization sought writ of mandamus requiring Def.-Bd. to grant Pl's. permit for holding meeting in public school without stating, under penalty of perjury, that it will not use school facilities to commit a crime. Pending.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles, for ACLU of S. Calif.
11.7. State of Florida ex rel. Feldman and Ray, (Emma Lazarus Organization) v. City of Miami Beach. (3d Dist. Ct. of App.) Def.-City refused to make public park facilities available to Pets., without giving reasons. Application for writ of mandate filed. Cir. Ct. quashed alternative writ, denied petition for writ on ground Def.-City officials feared breach of peace because Pets. allegedly connected with "communist front" organization; Ct. would not substitute judgment for that of city officials. Appeal pending.

Tobias Simon, Esq., 706 Ainsley Bldg., 14 N.E. First, Miami, Fla.

Robert Ramer, Esq., for Fla. Civil Liberties Union, 305 N.W. 27th Ave., Miami.
12. Of Motion Pictures (see also 52)

12.19. NY State Educ. Dept. Div. of Motion Pictures v. The Connection Co. (NY Ct. of App.) 1961: Pl. banned movie, "The Connection," under Educ. Law §122 (obscenity law). Jy. 1962: NY Sup. Ct., App. Div. reversed, held 4 letter word vulgar method of referring to heroin, not obscene.
- 2 -

Oct. 4, 1962: Pl. obtained show cause order against continued showing of film and stay pending appeal. Nov. 2, 1962: NY Ct. of App. affirmed App. Div.; movie shown.

Ephraim London, Esq., 150 Broadway, NYC.
13. Of Peddlers
14. Of Books, Magazines (see also 52)

14.9. Massachusetts Attorney General v. A Book Named "Tropic of Cancer." (Mass. Sup. Jud. Ct.) Action for adjudication of obscenity of Henry Miller's novel. Trial ct. found book "obscene, indecent, impure." Mass. Sup. Ct. reversed.

William P. Homans, Jr., Esq., 53 State St., Boston, for intervenor Marboro Book Club, Inc.; Ephraim London, Esq., 1 E. 44th St., NYC, for intervenor Grove Press, Inc.
14.10. Wilson v. Haiman. (Ill. Sup. Ct.) Oct. 1961: 11 Ill. suburban police chiefs ordered book dealers to cease selling Miller's "Tropic of Cancer," seized some copies, threatened arrests for failure to act. Pl.-philosophy prof. and Pl.-housewife sued, charging conspiracy by Defs. against exercise of First Amendment rights. Feb. 21, 1962: Cook Co. Super. Ct. granted Pls'. injunction, stated its conviction of the "inherent constitutional rights and privileges of the reading public of our community"; found: (1) "Tropic of Cancer" not obscene but a serious work of art; (2) police chiefs acted unlawfully in interfering with distribution of book before adjudication. Def.-suburban police waived appeal; Def.-Chicago police supt. appealed to App. Ct., which granted Pl's. motion to transfer to Ill. Sup. Ct. because constitutional questions are involved. Nov. 1962: oral argument.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago, intervenor for publisher and author.
14.10a. Grove Press, Inc. and Henry Miller v. Morris. (ND Ill., E. Div., #61 C 1784.) Suit by Pl.-publisher and author of "Tropic of Cancer" under 28 U.S.C. 1331, 1343; 42 U.S.C. 1983, 1985, 1986, and Fourteenth Amendment, against Defs., individually as police chiefs, and for conspiring together to prevent persons from purchasing the book and Pls. from selling it. Continued to Jan. 28, 1963 due to 14.10.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago.
14.11. Grove Press, Inc. v. Calissi, Bergen Co. Pros. (DC N.J., #900-61.) Oct. 23, 1961: Pl.-publisher of "Tropic of Cancer" sued, alleging Defs. (prosecutor and police chiefs) conspired to deprive Pl. of First Amendment rights and due process, unreasonably seized Pl's. property; seeks temporary restraining order, under 42 U.S.C. 1983. DC denied injunction. Cross-motions for summary judgment on amended complaint pending before 3-judge ct.

Jerome C. Eisenberg, Esq., 744 Broad St., Newark.
14.12. Zeitlin v. Arneborgh. (Calif. Dist. Ct. of App., #26592.) Pl.-bookseller of "Tropic of Cancer" and Pl.-English instructor, prospective purchaser, sued for declaratory judgment that book is protected by First Amendment and for injunction to prevent Def.-City Atty. from prosecuting under Calif. Pen. C. §§311(a), 311.2, booksellers who offer it for sale. Super. Ct. dismissed; appeal pending.

Nathan L. Schoichet, Esq., 9460 Wilshire Blvd., Beverly Hills; A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles, for ACLU of S. Calif.

Amicus appearance by Bayard F. Berman, Esq., 270 N. Canon Drive, Beverly Hills, for California Library Assn.
14.13. Florida ex rel. Gerstein v. Grove Press, Inc. (3d Dist. Ct. of App., Fla.) Suit for permanent injunction against distribution of "Tropic of Cancer." Ct., after trial, found "Tropic of Cancer" obscene. Appeal pending.

Tobias Simon, Esq., 706 Ainsley Bldg., 14 N.E. First Ave., Miami.

Law review article:

Robert B. Cairns, James C. N. Paul, and Julius Wishner, Sex censorship: The assumptions of anti-obscenity laws and the empirical evidence, 46 Minn. 1009-41

Comments:

Constitutionality of obscenity laws: U.S. and Ohio, 31 U. Cincinnati 285-96

Obscenity legislation in Tennessee, 29 Tenn. 562-72
15. Of Miscellaneous Activities
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster
23. On Government Information and Secrecy

23.11. N.Y. Post Corp. v. Moses. (N.Y. Ct. of App.) Facts: VII DOCKET 2. Cites: 10 NYS 2d 199, 176 NE 2d 709, 219 NYS 2d 7.

Case note: 30 Fordham 347-51
24. On Students and Professors (see also 223, 262, 281 and 342)

24.12. Washington ex rel. Richard G. Jones v. Bruno, Supt. of Pub. Inst. (Thurston Co. Super Ct., #33202.) Spring 1960: Resp's. government class sent cable to Pres. Eisenhower at Paris summit conference urging him to apologize to USSR re U-2 incident. Resp.-teacher dismissed by Bremerton School Dist. Suit for reinstatement filed. Sept. 4, 1962: Super. Ct. granted Resp. all rights under 1960-61 teaching contract incl. full back pay (less money earned during year). Def's. appeal filed.

Kenneth A. MacDonald, Esq., Alaska Bldg., Seattle.
24.13. Lessin v. Regents, U. of Calif., Chancellor Spieth — Riverside Campus (Calif. Sup. Ct.) Dec. 15, 1961: U.C. issued policy barring campus facilities to any meeting "incompatible with the educational objectives of the Univ." Feb. 26, 1962: Def.-Dean rejected application for debate by Pl's. organization DECLARE with 2 Communist Party speakers. Pls. sued for injunctive relief. May 2, 1962: Super. Ct. sustaineddemurrer without leave to amend, denied writ of mandate. Appeal pending.

David B. Finkel, Esq., 3175 W. 6th, and A. L. Wirin, Esq., 257 S. Spring St., both of Los Angeles, for ACLU.
- 3 -

24.16. Clark v. Bd. of Admrs., Tulane Univ. (ED La., N. Orleans Div., #12193.) Pl. white student entertained Negro students as guests in campus cafe before and after Def. advised against it. Pl. suspended. Pl. sued for readmission, alleging fedl. funds used in building cafeteria. Def. reinstated Pl., granted him scholarship loan; Pl. agreed not to invite Negro students to cafe pending decision in Guillory, 522. La 12. Case dismissed.

Amicus appearance by Bruce C. Waltzer, Esq., 305 Baronne St., New Orleans, for La. CLU.
24.18. Bd. of Trustees, Lassen Union High School v. Owens. (Calif. Dist. Ct. of App., 3d App. Dist.) Def.-junior college teacher wrote five letters to local newspaper critical of public education in area; dismissed. Jan. 27, 1960: after 3-wk. trial, dismissal on grounds of "unprofessional conduct" upheld. March 22, 1960: State Educ. Dept. Credential Commission held Def. not guilty of unprofessional conduct, did not revoke teaching credential. Jy. 26, 1962: D.C.A. reversed, held Def. had constitutional right to disagree with administration on school policy and to make that disagreement public. Sept. 26, 1962: Calif. Sup. Ct. declined to review. Oct. 15, 1962: Def. resumed teaching for Pl., paid $15,545. in back salary.

Marshall Krause, Esq., ACLU, 503 Market, San Francisco.
24.19. Waring v. Dexter Comm. School Dist. and Bd. of Educ. (Washtenaw Co. Cir. Ct.) May 8, 1961: Pl.-teacher and parent spoke at PTA meeting, criticizing specific policies of Def.-Bd., suggesting PTA encourage candidates to run against incumbent Bd. members; no members of Def. present. Def. immediately cancelled Pl's. 1961-62 contracts, suspended Pl. with pay thru June 1961. Suit for reinstatement filed. Oct. 12, 1962: After 2 days of trial, consent decree entered: "As a member of the PTA . . . he was entitled to participate fully in its affairs. Indeed, his contracts as a teacher required such participation. His speech was fair comment as a parents and a citizen though it might properly be considered indiscrete from the standpoint of his employment"; cash settlement of $4,600. which, with interim income, equalled back salary.

Amicus appearances by Michigan Fed. of Teachers and ACLU of Michigan, 1302 Cadillac Tower, Detroit.
24.20. Koch v. Bd. of Trustees, U. of Ill. (Ill. App. Ct., 1st Dist.) Mar. 18, 1960: While Pl.-biologist under 2-yr. contract to Def. as asst. prof., Pl's. letter published in school newspaper discussing advisability of premarital sexual relations among students under certain circumstances. Apr. 7, 1960: Def.-Pres. filed charge against Pl. of "conduct . . . prejudicial to the best interests of the University." Def. Bd. ordered Pl's. contract terminated Aug. 31, 1960. Issues: whether dismissal violates Pl's. First Amendment rights; academic freedom guaranteed by University Stats., §39a, b; due process. June 27, 1961: Cir. Ct. dismissed. Appeal argued.

Donald Page Moore, Esq., 105 W. Adams; Joel J. Sprayregen, Esq., 38 S. Dearborn, both of Chicago, for Ill. CLU.
24.21. Egan v. N.Y. State Univ. Bd. of Trs. (Albany Sup. Ct.) Univ. Student Assn. invited Aptheker to speak at U. of Buffalo. Oct. 31, 1962: Sup. Ct. granted Pl.-candidate for Congress a temporary injunction against Def's. permitting alleged Communist Party official to speak. Def's. appeal pending.
24.22. Helmkay v. Flint Bd. of Educ. (ED Mich., N. Div.; Flint #3.) Oct. 24, 1962: Suit filed by Pl.-students under 42 U.S.C. 1983 and First Amendment for injunction against Def. interfering with publication of fair comment on political matters in student newspaper, without administrative censorship. Pending.

Max Dean, Esq., 804 Detroit St., Flint, Mich.
24.23. Re Tedi Farber. (Francis Lewis High School, Queens, N.Y.) Nov. 7, 1962: Honor student wore armband to school: "Worldwide General Strike for Peace". Refusing to remove the armband, she was suspended from school; decided to move to another school district.
24.24. Knight v. Tenn. Bd. of Educ. (MD Tenn., Nashville Div., #3129.) (6 RRLR 1036.) 1961: Negro students suspended from Tenn. State College after conviction of breach of peace for "freedom rider" activities. Pls. sued for reinstatement. Issues: Univ. procedure did not provide hearing or notice of charges in violation of due process. Dec. 16, 1961: DC held Pls. must be readmitted, pending hearing on whether activities charged were "personal misconduct" within meaning of Univ. rule.
24.25. Byrd v. Gary. (ED S.C.) (184 F.S. 388.) Mar. 1960: several Negro students, protesting discrimination by milk co., refused to drink milk provided with school lunches. Def.-School principal expelled several students, who sued, charging violation under Civil Rights Act. DC dismissed for lack of jurisdiction.
25. On Miscellaneous Activities

25.9. Shuttlesworth v. Connor. (ND Ala.) (5 RRLR 1150.) Sept. 7, 1960: Pl.-Negro ministers, leaders of Ala. Christian Movement for Human Rights, sued for injunction restraining Defs. from "intimidating . . . Negroes who desire immediate and full integration" in the city by sending detectives to force their way into meetings of Pls'. organization, and for $97,000. compensatory and punitive damages. Def. alleged police were present at Ala. Christian Movement for Civil Rights meetings to protect members because church where meetings held had been bombed. DC dismissed; CA 5 remanded for trial on merits.
25.10. Smith v. Cremins. (SD Cal.) Jan. 1960: Pl. sought to distribute religious tracts to protest arrival of Soviet Deputy Premier in Los Angeles. Two Defs., policemen, seized and destroyed pamphlets, held Pl. 10 minutes, released him without charge, refused to return tracts. Jan. 1961: damage action filed, challenging Defs. actions taken without search or arrest warrant. Pending trial.

A. L. Wirin, Esq., 257 S. Spring St., Los Angeles.

Case note:

Federal statute requiring disclosure of sponsors of election campaign handbills upheld: U.S. v. Scott (195 F. Supp. 440, DC N.D. 1961) 37 N.Y.U. 767-72
- 4 -

30. Economic Restrictions
(see also 251, 261, 268, 281)
30.1. Independent Productions Corp. and I.P.C. Distributors, Inc. v. Loew's, Inc., et al. (SD NY, Civ. #110-304.) 1956: Pls.-producers of movie "Salt of the Earth" (re strike of Mine, Mill Union, see 203.1) brought action against 62 producing, distributing, exhibiting and processing companies charging violation of U.S. anti-trust acts. Pls. allege Defs. blacklisted 3 persons engaged in production of movie and thus made it impossible to obtain adequate distribution. DC dismissed for Pls. failure to produce Pls'. managing agent, Biberman, for deposition re his political beliefs and affiliations. Nov. 2, 1960: CA 2 reversed and remanded. Mar. 28, 1961: DC denied Defs'. motion to direct Pls. by Biberman to answer questions as to which he claimed privilege; dismissed Pls'. motion for protective order; granted Pls'. motion for order terminating examination of Pls. thru Biberman or order directing examination in Calif., where Biberman is, with Defs. to pay counsel fees and expenses of Pls. since Defs. did not proceed to examine Biberman re non-privileged matters while he was in NY; held it not fatal to charge of conspiracy to allege no contact between alleged conspirators since agreement can be tacit. Pending.

Dickstein, Shapiro and Galligan, Esqs., 20 E. 46th St., NYC.
30.3. Comm. to Secure Justice for Morton Sobell v. Tavern-on-the-Green Restaurant and City Parks Commr. Morris. (SD NY.) Def.-Tavern contracted to provide dinner for Pl.-Comm. on April 21, 1958. Apr. 15, 1958: Def.-Tavern canceled on Def.-Commr's. recommendation. July 21, 1960: SD NY held Pl.-Comm. stated cause of action for alleged deprivation of rights under Fourteenth Amdt. through breach of contract. Pending.

Nanette Dembitz and Mercedes Hoffman, Esqs., for ACLU, 156 Fifth Ave., NYC.
30.5. Wagner v. Post Office. (U.S. Post Office.) Pl.-postal employee wrote editorial in union newspaper critical of Post-master General's efforts to bar material from U.S. mails; reprimanded; request to expunge reprimand denied. Administrative appeal pending.

Ed Edelman, Esq., for ACLU of S. Calif., 323 W. Fifth St., Los Angeles.
30.6. Eustace v. Day, Postmaster General and U.S. Civil Service Comm. (CA DC.) (198 F. Supp. 233.) Nov. 1957: Pl.-postal employee, pres. United Postal Workers Union local, led members in peaceful picketing of San Francisco Post Office and distribution of handbills. March 1958: Pl. dismissed. Civil Service Comm. sustained dismissal. Oct. 25, 1961: DC granted Defs. motion for summary judgment, held on provision in Act authorizing Gov't. employees to engage in such external concerted activities. Nov. 8, 1962: appeal argued.

Dickstein and Shapiro, Esqs., 1411 K St., NW, Washington, D.C.

ACLU of N. Calif., 503 Market St., San Francisco.
30.7. Young v. Motion Picture Assn. of America, Inc. (DC DC.) (299 F. 2d 119, cert. den. 370 U.S. 922.) Dec. 30, 1960: 12 Pls., Hollywood writers and actors, filed complaint against 7 major movie producers, 2 distributors and 2 assns. seeking injunction, $7,500,000. damages. Issue: whether Defs. violated Sherman Anti-Trust Act, secs. 1 and 2, by conspiring to blacklist persons accused of past or present membership in Communist Party or other "subversive" organizations and refusal to answer questions before Congressional investigating comms. Appendix includes names of 81 writers and actors allegedly blacklisted. June 12, 1961: DC denied Pls. motion to strike Defs'. interrogatories re Pls. political associations and beliefs, tho Pls. said they would claim privilege against self-incrimination, denied motion for preliminary injuncton. CA affirmed; U.S.S.C. denied certiorari. Discovery proceedings pending in DC.

Dickstein and Shapiro, Esqs., 1411 K St. NW, Washington, D.C.; Margolis and McTernan, Esqs., 3175 W. 6th St., and A. L. Wirin, Esq., 257 S. Spring St., of Los Angeles.

Amicus appearance by ACLU of S. Calif., 323 W. 5th St., Los Angeles.
30.8. Ciepley v. Intl. Assn. of Machinists. (CA 7.) 2 long-time members of Def.-union protested that trusteeship over their local union had continued too long. Feb. 12, 1959: after Union trial, Pls. expelled; Convention upheld expulsions. Jan. 1961: suit filed under Landrum-Griffin Act for $220,000. damages; restoration of full membership rights. Jan. 10, 1962: DC dismissed. Appeal pending.

Marks, Simons & Houghteling, Esqs., 105 W. Adams; Hubert Will, Esq., 33 N. LaSalle, all of Chicago.
30.9. Mitchell v. Intl. Assn. of Machinists (Calif. Sup. Ct.) Facts: VII DOCKET 36, Cite for DCA: 16 Cal. Reptr. 813.

Case note: 13 Syra. 610-12
30.13. Turn Toward Peace v. Al Molaikan Temple. (Los Angeles Muni. Ct., #908264.) Suit for breach of contract for refusal to permit Pl. to use auditorium. Issue: whether clause is void which provides owner can cancel contract if it feels use of auditorium is incompatible with purposes of Def. on auditorium rented to the public. Muni. Ct. overruled demurrer. Pending.

Richard W. Petherbridge, Esq., 2591 Riverside Terrace, and A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., all of Los Angeles, for ACLU of S. Calif.
40. Contempt
Law review articles:

John W. Oliver, Contempt by publication and the First Amendment, 27 Mo. 171-92

Morton Lane, The contempt power v. the concept of a fair trial, 50 Ky. 351-403

Comment:

Contempt by publication: Limitation on indirect contempt of court, 48 Va. 556-73

- 5 -

41. Of Federal Courts
42. Of State Courts

42.11. Louisiana v. Defs. (19th Jud. Dist., E. Baton Rouge Parish.) During trial of Rev. Cox, 51.25, 3 Negro women sought to sit in front row of white section; refused to move. Arrested: charge: contempt of court; convicted; 10 days and $100. Appeal pending.
43. Of Other Agencies
(see also 270s, 330s)
50. Criminal Sanctions
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)

51.8. Storey v. Davis. (Cook Co. Super. Ct., #60 S 9228.) Police arrested Pls.-4 college students; charges: drunk and disorderly conduct, resisting arrest. Pls. signed release, were discharged. May 20, 1960: Pls. filed suit for declaratory judgment that release invalid because judicially coerced; asked damages for false arrest, false imprisonment, malicious prosecution. Pls. allege sole cause of arrests was slowness of one Pl. in presenting identification to police. Pending.

Lee J. Vickman, Esq., 300 W. Washington; Joel L. Sprayregen, Esq., 19 S. LaSalle, both of Chicago.
51.19. South Carolina v. Carras, Stradley. (Sumter Muni. Ct.) Feb. 14, 1961: Def.-pilot and TV photographer arrested while attempting to photograph sit-in at pharmacy. Charge: breach of peace; $100. bond each. Pending.
51.25. Louisiana v. Rev. Cox. (Baton Rouge Dist. Ct.) Dec. 14, 1961: 22 students (Southern University) arrested during anti-segregation demonstration. Dec. 15: Def.-minister led 1500 students in demonstration against arrests; 70 arrested. Charges against Cox: obstructing sidewalk, threatening to disrupt cts., failing to disperse crowd. Dec. 16: charges dropped against 5 Defs. Bond required: $1,500. each. Feb. 1, 1962: Def. tried, convicted; 1 yr., 5 mths., and 4 mths., consecutive, $7,500. Def. also charged with defaming Dist. Atty. and Judge during trial. Appeal pending.

Johnnie A. Jones and Murphy Bell, Esqs., 513 S. 13th St., Baton Rouge.

And see 51.26, 54.2, 54.3, 54.4.
51.26. Louisiana v. 300 Defs. (New Orleans Dist. Ct.) Dec. 18, 1961: 300 Negro students (Southern Univ.) and some whites began march from church to State Office Bldg. to protest arrests in 51.25; arrested. Charge: parading without a permit. Pending.

Johnnie A. Jones and Murphy Bell, Esqs., 513 S. 13th St., Baton Rouge.

And see 51.25, 54.2, 54.3, 54.4.
51.27. South Carolina v. Randolph (Sumter.) (Sumter Co. Cir. Ct.) (121 So. 2d 349, 6 R.R.L.R. 784.) 26 Defs. charged with conspiring to breach the peace in connection with sitin demonstrations. At trial, Defs. argued charge too vague to defend against; trial ct. overruled contention, convicted. Aug. 23, 1961: S.C. Sup. Ct. reversed and remanded for retrial, held charge too general, neither stating facts constituting the crime charged, nor pointing out any particular of the crime allegedly contemplated. Pending on retrial.

Study:

Dr. Howard Zinn, Albany — A Study in National Responsibility. Southern Regional Council.

And see cases at 63.5, 542.21-542.21f.
51.34. Georgia v. Forman. (Albany.) Aug. 1962: Def.-Exec. Secy. of SNCC arrested while sitting in car watching 4 Negro youths attempt to get service at motel. Def. charged first with disorderly conduct, $200. bond; later with contributing to delinquency of minors, $1,000. bond. 4 youths arrested also. Pending.
51.35. Georgia v. Patch. (Albany.) Aug. 18, 1962: Def.-white student from north, participating in voter registration drive in Lee Co., arrested while attempting to obtain service at restaurant. Pending.
51.36. Georgia v. Rev. Anderson. (Albany Recorder's Ct.) Aug. 28, 1962: 85 out-of-state clergymen and church members arrested during prayer vigil against segregation. Charges: disorderly conduct, creating a disturbance, congregating on sidewalk, refusing to obey officer. $200. bonds for each. Nov. 1, 1962: Def.-white minister from Chicago tried; convicted; $200. or 30 days. $300. cash bond pending appeal.
52. Against Obscenity (see also 12, 14)
And see 304.

Case notes:

Criminal obscenity statute unconstitutional for lack of scienter: City of Cincinnati v. Marshall (172 Ohio St. 280, 175 N.E. 2d 178, 1961) 23 Ohio State 355-60

Obscenity in private communications: Ackerman v. U.S. (293 F. 2d 449, 9th Cir. 1961), U.S. v. Holt (12 U.S.C.M.A. 471, 31 C.M.R. 57, 1961) 23 Ohio State 553-56

"Immoral publications": Malone v. State (339 S.W. 2d 666, Tex. Ct. Crim. App. 1960) 6 S.T. 57-59


52.20. U.S. v. Frew. (ED Mich., #37517.) Def. indicted in Michigan for mailing pictures and books previously found to be not obscene in SD Calif. litigation. Issues: can material be constitutionally protected in one district and obscene in another; constitutionality of 18 USC 1461. Pending.

Stanley Fleishman, Esq., 1741 Ivar Avenue, Hollywood.
52.22. Massachusetts v. Spiegel. (Cambridge Dist. Ct.) Mar. 7, 1960: state police, with search warrant, seized collection of allegedly obscene photos from Harvard psychiatry prof., charging violation of state law. Def. pleaded not guilty on ground materials necessary for scientific investigations, not shown by Def. to any other person. Pending.

David R. Pokross, Esq., 18 Devonshire, and Thomas E. Dwyer, Esq., 8 Beacon St., both of Boston; Roger Fisher, Esq., Langdell Hall. Cambridge.
52.31. Bantam Books, Inc. v. Sullivan. (U.S.S.C., #118.) (176 A. 2d 393, prob. juris. noted 370 U.S. 933.) Action by book publishers challenging constitutionality of R.I. statute establishing
- 6 -

Def.-Comm. to Encourage Morality in Youth, part of whose work is "educating" the public re obscene materials by sending lists of books it considers in violation of the law to wholesale and retail distributors. Mar. 3, 1961: Super. Ct. upheld constitutionality of Res. 73 creating Def. Comm.; held notices of Def. to retailers and wholesalers contained implied threats of censorship of books listed, therefore unconstitutional. Dec. 20, 1961: R.I. Sup. Ct. reversed, upheld constitutionality of Commission. 1962: U.S.S.C. noted probable jurisdiction.

Milton Stanzler, Esq., 626 Industrial Bank Bldg., Providence; Weil, Gotshal and Manges, Esqs., 60 E. 42nd St., NYC.
52.33. California v. Aday, et al. (Dist. Ct. of App.) (362 P. 2d 47.) 7 Defs. — writers, publishers, distributors — indicted for conspiracy to violate Calif. obscenity law in connection with 3 books: "The Decisive Years", "Sex Life of a Cop", "Joy Killer". 1961: Defs. moved in Calif. Sup. Ct. for return of 14 tons of paperbacks, contracts with authors, tax returns, etc., seized when Defs. arrested. May 11, 1961: Calif. Sup. Ct. granted motion because search warrant too sweeping. Fresno Muni. Ct., after hearing, ordered all seized private papers returned; granted Def's. motion under Pen. C. §995 to set aside indictment. State's appeal pending.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.
52.37. Gerstein v. "Pleasure Was My Business". (3d Dist. Ct. of App., Fla.) Declaratory judgment action by Pl.-State Atty. against Def.-author, alleging violation of Chap. 847 Fla. Stats. thru publication of book. Def's. answer alleged book described relationship between prostitution and dishonest law enforcement officers, etc. Trial ct. ruled expert testimony on contemporary community standards to be heard by court without jury, rejecting State's motion that ct. read book and make determination re obscenity as matter of law. After trial, Ct. found book obscene. Appeal pending.

Howard W. Dixon, Tobias Simon and Sheldon Rosenthal, Esqs., for Fla. CLU, 706 Ainsley Bldg., Miami.
52.40. Massachusetts v. Interstate News Dealers Supply Co. (Mass. Sup. Jud. Ct.) Defs. charged with violating act re possession and distribution of obscene literature. Police, with warrant, searched Defs'. premises, seized pictures and magazines. Issue: search warrant oath based on suspicion, without supporting evidence; warrant did not describe with particularity things to be seized; application and meaning of "obscene". May 1961: Defs. convicted after trial. Appeal pending.

Harold Katz, Esq., 73 Tremont; William P. Homans, Jr., Esq., 53 State; Sumner Z. Kaplan, 84 State St., all of Boston.
52.42. California v. Shaver. (San Mateo Super. Ct., App. Dept.) In trial of Defs. under Pen. C. §311.1 for selling obscene literature, Ct. rejected testimony by expert witnesses on contemporary standards re sex discussion, found sufficient evidence that Defs. had knowledge of character of books. Nov. 1, 1962: App. Dept. reversed (3-0) for failure to admit testimony.

Marshall Krause, Esq., ACLU N. Calif., 503 Market St., San Francisco.
52.44. California v. Bradley Smith. (Calif. Sup. Ct.) Def.-book dealer charged with violating obscenity law by selling "Tropic of Cancer". Feb. 1962: after jury trial in which experts testified on both sides, convicted; 30 days. App. Dept. affirmed. D.C.A. refused to hear. Appeal pending.

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

Amicus appearance by ACLU of S. Calif., by Nathan Schoichet, Esq., 9460 Wilshire Blvd., Beverly Hills; A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.
52.46. Maryland v. Yudkin. (Md. Ct. of App.) Def.-bookseller charged with unlawfully and knowingly selling obscene book, "Tropic of Cancer". Dec. 22, 1961: in jury trial, Ct. prevented Def. witnesses, English profs., from testifying whether it was a work of literary merit or an effort at pornography. Jury convicted; 6 mths.; free on $5,000. bail pending appeal.

Amicus appearance by Md. CLU, 5740 Cross Country Blvd., Baltimore.
52.47. U.S. v. Humor Magazine, Excellent Publications, Deerfield Pub. Co., Wilmot Enterprises. (DC N.H.) Sept. 22, 1961: 4 Def. publishing cos. indicted for using mails to deliver obscene literature: magazines "Caper", "The Gent", "Hi-Life". Pending.
52.48. Connecticut v. Huntington. (Conn. Sup. Ct. of Errors.) Def.-bookseller arrested; charge: selling "Tropic of Cancer" in violation of Conn. Genl. Stats. §§53-243. Mar. 7, 1962: after trial, Def. convicted, book held obscene, indecent. Appeal pending.

Joseph F. Skelley, Jr., Esq., 37 Lewis St., Hartford.
52.49. California v. McGilvrey. (San Diego Muni. Ct.) Def.-booksellers arrested; charge: selling "Tropic of Cancer". Mar. 19, 1962: trial date.
52.51. Re "Tropic of Cancer". (Milwaukee Ct.) June 22, 1962: Judge Drechsler found Miller's "Tropic of Cancer" obscene in first case under 1957 Wis. obscenity statute.
52.52. City of Seattle v. Johnson. (King Co. Super. Ct., #36388.) In Muni. Ct., Def. convicted of violating Seattle Ord. §12.21.010, regulating exhibition of movies by showing "Erotica". On appeal, Def. tried de novo. Feb. 7, 1962: after trial, ct. found: Def. did have knowledge of contents of film before it was shown publicly; held entire ordinance unconstitutional under First and Fourteenth Amendments for lack of requirement of scienter and prior restraint on permissible activities, voiding also §§ which might be saved, citing Thornhill v. Ala., 310 U.S. 88 (1940).

William L. Dwyer, Esq., 1207 Hoge Bldg., Seattle.
53. Against Defamation (see also 61)

53.4. Louisiana v. Moore. (19th Jud. Dist., E. Baton Rouge Parish.) Def.-SNCC leader made a speech; arrested. Charge: criminal defamation of E. Baton Rouge grand jury and district attorney. Nov. 28, 1962: convicted. Appeal to La. Sup. Ct. pending.

Robert Collins, Esq., 5200 Gentilly Rd., Nils R. Douglas and Lois E. Elie, Esqs., 2211 Dryades St., all of New Orleans; Murphy Bell, Esq., 513 S. 13th St., Baton Rouge.
- 7 -

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

54.2. Louisiana v. Goldfinch. (New Orleans.) (Orleans Parish Ct.) Sept. 21, 1960: Def., white Tulane grad. student, arrested while with 2 Negro students during lunch counter sit-in. Charges: criminal mischief, conspiracy to commit criminal anarchy, based on Def's. alleged remark at counter: "I have come here for a purpose and I will not leave until I have accomplished that purpose or have been arrested", allegedly directed against State of La. Freed on $2,750. bail. Pending.
54.3. Louisiana v. Diamond. (19th Jud. Dist. Ct., E. Baton Rouge Parish.) Dec. 14-15, 1961: desegregation demonstrations and arrests (52.25) at Southern Univ. Jan. 18, 1962: S. Univ. pres. closed school, ordered all students to leave and apply for readmission. Jan. 25, 1962: Univ. opened 4 days late; police patrolled campus; 7 students refused permission to register. Feb. 1, 1962: Def.-field secy., Student Nonviolent Coordinating Comm., stepped from taxi onto campus of Southern Univ.; arrested. Charges: trespassing, vagrancy, disturbing the peace. Later additional charge: criminal anarchy. Bail: $12,000. Criminal anarchy charge dismissed; convicted of trespass. Appeal pending.

Johnny Jones, Esq., 530 S. 13th St., Baton Rouge.

And see 51.25, 54.4, 54.5.
54.4. Louisiana v. Moore and Rougeau. (19th Jud. Dist. Ct., E. Baton Rouge Parish.) Feb. 10, 1962: 2 leaders of CORE arrested. Charge: criminal anarchy. Pending.

Johnny Jones, Esq., 530 S. 13th St., Baton Rouge.
54.5. Louisiana v. Zellner and McDew. (19th Jud. Dist. Ct., E. Baton Rouge Parish, #42916.) Feb. 17, 1962: Def. Negro and white leaders of SNCC tried to visit Def.-Diamond (54.3) in jail; arrested when brought him candy and "Scottsboro Boys", "The Ugly American", "Eight Men" by Wright. Charges: vagrancy, criminal anarchy. Bail: $7,000. each. Vagrancy charge dropped; criminal anarchy charge based on: attempting to deliver integration literature to Diamond, 54.2; advocating opposition to State of La. privately and publicly; belonging to SNCC, an organization "which is known to advocate, teach and practice opposition to the government of La. by unlawful means". Pending.

Johnny Jones, Esq., 530 S. 13th St., Baton Rouge.
55. Against Picketing and Demonstrating (see also 51, 123, 541, 542, 551, 552)
(Some cases involving picketing charges are reported under the subject matter of the protest for which the picketing was conducted, e.g. against discrimination in dining places, 552.)
55.7. Tennessee v. Defs. (Madison Co. Ct.) Nov. 8, 1960: 150 Negro (Lane College) students arrested while parading to Co. Cthouse on election day with signs demanding suffrage for Negroes in Haywood and Fayette Cos. (see 501.15.) Charges: disorderly conduct, threatening breach of the peace, violating city ordinance requiring permit to stage parade. 44 Defs. tried; 5 dismissed as under age; 39 convicted: 8 Defs. fined $50. each; 31 fined $5. each. 106 cases pending.
55.16. Alabama v. Rev. Shuttlesworth, Rev. Phifer. (Birmingham Crim. Ct.) Birmingham merchants rejected Negroes' demands for desegregation of drinking fountains and rest-rooms, employment of Negro workers. Negroes began boycott of downtown stores. Birmingham withdrew city money to distribute surplus food sent to needy through fedl. funds. Apr. 4, 1962: Def.-Negro leaders arrested while observing effects of boycott. Charges: blocking traffic; refusing to obey police officer. Released on $100. bail each. Pending.
55.18. Alabama v. Dr. McNair. (Talladega.) (Cir. Ct.) Apr. 1962: 200 students (Talladega College) demonstrated in downtown against segregated eating and employment practices; 50 arrested, incl. Def.-white chaplain, Def.-Zellner, 54.4. Defs. released on bonds, many signed by Arthur D. Gray, College Pres. Cases pending.

And see Alabama v. Gray, 63.2.
55.19. Louisiana v. Moore. (U.S.S.C.) Def. arrested, charged with criminal anarchy (see 54.3) and violation of sound truck ordinance. Convicted of misdemeanor. Application for certiorari pending.
55.20. Georgia v. Rev. Green. (Augusta.) (City Ct., Juvenile Ct.) Apr. 18, 1962: NAACP Youth Council picketed 2 stores asking employment of Negro butchers, sang hymns. Rocks were thrown. Six pickets arrested. Pending.
55.21. California v. Peterson. (Los Angeles Co. Supr. Ct., App. Dept.) City leased public auditorium to private organization, Academy of Motion Picture Arts and Sciences. Def. picketed to protest stereotyped portrayal of Negroes on screen; arrested. Charge: trespassing; convicted. Appeal pending.

Arthur Black, Esq., 306 W. 3d St.; A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., all of Los Angeles.
55.24. Scott v. District of Columbia. (Muni. Ct. of App., D.C., ##3097-3104.) May 16, 17, 21, 1962: Defs.-4 Quakers holding silent vigils outside White House with armbands "Bomb Tests Kill People" refused to move or walk in circle when ordered by police; arrested. Charge: disorderly conduct, D.C. Code §22-1121(2); convicted. Oct. 26, 1962: convictions affirmed. Petition for allowance of appeal to CA DC pending. Issue: scope of police power to regulate citizens' behavior on sidewalks.

Hal Witt and Richard J. Scupi, Esqs., 600 F St. NW, and James H. Heller, Esq., c/o Natl. Capital Area CLU, 1101 Vermont Ave. NW, all of Washington.
55.25. Jackson v. Allen. (Co. Ct., 1st Jud. Dist., Hinds Co., #21.) Def.-Negroes picketed on federal property against segregation. Arrested by state officers, tried, convicted. Issue on appeal: whether state can prosecute Defs. alleged to have committed criminal act on fedl. property.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.
- 8 -

55.26. North Carolina v. Frinks. (Chowan Co. Super. Ct.) Negro Defs. picketed for integration. Arrested; charges: violating Edenton City Ord. limiting pickets to 10 walking at least 15' apart, resisting arrest, assaulting officer. Nov. 27, 1962: after trial before judge and jury trial, convicted.

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

And see 55.27.
55.27. North Carolina v. Rev. LaGarde. (Chowan Co. Super. Ct.) After arrests in 55.26, new ord. passed requiring permit to picket obtained from Town Clerk 24 hrs. in advance on payment of $10. fee/day; prohibiting picketing beyond 5' of curb line on sidewalk, despite parking meters and car bumpers overlapping curb. In trial, Defs. called as witnesses Mayor, Town Council, merchants who had been picketed. Nov. 27, 1962: after trial, ct. ruled ordinance unconstitutional.

G. E. Tillett, Esq., 413 S. Broad St., Edenton, N.C. and William B. Kunstler, Esq., 511 5th Ave., NYC.
55.28. Illinois v. Tranquilli, Thomas, J. Lewis, Bridges. (Cairo.) (Justice of Peace Ct., Alexander Co. Ct.) Jy. 13, 1962: 9 persons arrested in sit-in at swimming pool. Charges: mob action, disorderly conduct. Jy. 26, 1962: tried; convicted; $35. each. Aug. 20, 1962: 4 others tried; convicted; $50. each. All pending on appeal to Co. Ct. One minor arrested; turned over to Ill. Youth Commission for violation of parole based on previous integration protest.

Raymond E. Harth, Esq., 109 N. Dearborn, Chicago, for NAACP.
55.29. Illinois v. Peake. (Cairo Muni Ct.) After sit-ins, (see 55.28) Cairo passed ordinance prohibiting parading without a license. Sept. 24-27: 58 Negro and white youth arrested for violating ordinance by picketing for fair employment at market. Pending.
55.30. Missouri v. Defs. (Charleston Muni. Ct.) Aug. 13, 1962: 50 Negro and white youth stood-in at local theatres; all arrested; charge: trespassing. 9 held; all under 17 released. Aug. 14, 1962: 35 youth at confectionery, some inside, some outside. All arrested; charge: obstructing the sidewalk. 10 held; others released.

And see 55.31.
55.31. Missouri v. Lewis, Dunlap, Adams, Kundra. (Charleston Muni. Ct., ##8-36-233. 8-60-257, 8-52-249, 8-53-250, 8-55-252.) Aug. 23, 1962: 8 students (incl. SNCC and CORE members) arrested in demonstrations for integration of theatre and cafe. Charges: trespassing, interfering with police officer. Aug. 14, 28, 1962: tried, 4 convicted; 1 charges dismissed. Appeal of Def.-Dunlap pending in Mississippi Co. Cir. Ct.

Robert L. Witherspoon, Esq., 1518 N. Sarah St., St. Louis.
56. Against "Corrupt Practices"

56.3. Intl. Assn. of Machinists v. Street. (U.S.S.C.) Facts: VI DOCKET 104. Cite: 367 U.S. 740 (1961).

Law review articles, comments and case notes:

Donald B. King, Corporate political spending and the First Amendment, 23 U. Pitt. 847-79

Freedom from political association: the Street and Lathrop decisions, 56 Nw. U. 777-90

Political contributions by labor unions, 40 Tex. 665-76

13 Mercer 439-42; 64 W. Va. 220-24; 1961 U. of Ill. 526-31
57. Against Vagrancy

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

Bruce C. Waltzer, Esq., 1006 Baronne Bldg., 305 Baronne St., New Orleans, for La. CLU.
57.4. Georgia v. Sherrod and Allen. (Dawson.) Aug. 1962: Def.-SNCC workers accompanied 5 Negroes to voting registrar's office; arrested. Charge: vagrancy. $500. bond each. Pending.
58. Against Trespassing (see also 541, 542, 551, 552)

58.1. California v. Poland and Cage. (U.S.S.C.) Defs. tried to distribute literature of Agricultural Workers' Organizing Comm., AFL-CIO at bracero camp; arrested. Charge: trespassing. Issue: whether owners of camp can make residence of up to 500 men private property so as to prevent communication of facts re labor conditions and organization. Justice Ct. found Defs. guilty after trial. App. Dept., Super. Ct. affirmed without opinion, declined to certify to D.C.A. Petition for certiorari to be filed.

Donald Cahen and Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.
58.2. Delaware v. Anderson, Livingston. (Kent Co. Ct. of Com. Pleas.) Feb. 21, 1962: 7 students (U. of Dela., Dela. State) arrested during sit-in at Dover restaurant. Charge: trespass. Trial date to be set.
58.3. Alabama v. Zellner. (Talladega Co. Ct.) Apr. 27, 1962: Def.-field secy. for SNCC arrested while getting into an auto to attend SNCC conference in Atlanta. Charge: conspiracy to violate Ala. trespass laws; $2,500. bond. May, 1962: convicted after trial; 6 mths. or $500. Bail $1,500. pending appeal.

And see 55.18, 63.2.
58.4. Maryland v. Grubb. (Cambridge.) Aug. 20, 1962: 4 whites and 1 Negro woman attempted to obtain service at 3 restaurants; not served. Arrested; charge: disorderly conduct and trespassing. $2200. bail for 5. Trial: Oct. 29, 1962.
- 9 -

59. Against Miscellaneous Criminal Activities See cases at 123.

59.22. North Carolina v. Crowder, Covington, Lowry, Reape, Mallory. (Union Co. Super. Ct.) (U.S.S.C.-Mallory.) Week of Aug. 22, 1961: Freedom Riders picketed in court house square protesting discrimination. Aug. 27: White mob attacked pickets; white couple wandered into New Town, main Negro neighborhood, in effort to avoid traffic jam caused by rioting, taken into home of NAACP leader Williams allegedly for safety from excited Negro crowd. Def.-Lowry allegedly moved couple's car. Def.-Williams notified police of white couple's presence. Indictments issued charging Def.-Williams with kidnapping; 4 Negro-Defs. with shooting officer in leg. Def.-Williams sought political asylum in Cuba. Defs. issued subpoenas duces tecum for U.S. Atty. Genl., N.C. Gov., Monroe Mayor for copies of Williams' reports to them of KKK and police violations of civil rights just prior to Defs'. arrest. Feb. 8, 1962: Ohio Gov. DiSalle signed extradition papers for Def.-Mrs. Mallory. Mar. 4, 1962: Def.-Mallory denied bail pending appeal from Gov's. extradition order and Com. Pleas Ct's. denial of habeas corpus writ. Ct. of App. affirmed; Ohio Sup. Ct. refused to grant motion to certify. Application for certiorari pending. Trial of principal case pending extradition case; Defs'. motion for immediate trial under Sixth Amendment overruled. Other Def. motions overruled or pending: challenge to racial composition of grand jury, to inspect grand jury minutes, for change of venue, to quash trial jury because procedure does not permit questioning jurors individually re possible prejudice.

Conrad Lynn, Esq., 141 Broadway, NYC; William Kunstler, Esq., 511 - 5th Ave., NYC; M. C. Boyette, Esq., Carthage, N.C.; Jordan, Dawley and Holt, Esqs., 7001 Gregory Drive, Norfolk, Va. Walter Haffner, Esq., 1010 Standard Bldg., Cleveland (for Mrs. Mallory).
59.22b. North Carolina v. R. Convington and Rorie. (Union Co. Super Ct.) Facts: same as Crowder, 59.22. Aug. 27, 1961: Defs. arrested. Charge: shooting policeman after rescuing English girl from mob. Tried before all-white jury; convicted: Def.-Covington, 15, sentenced to reformatory for indefinite period; Def.-Rorie, 17, 3-5 yrs. Appeal pending.
59.26. Mississippi v. Bevel. (Jackson.) (Hinds Co. Ct.) May-Jy. 1961: Def.-Negro SNCC leader conducted workshop on nonviolence to prepare Freedom Riders (see 541.22); arrested. Charge: contributing to delinquency of minors. Nov. 1961: City Ct. trial; convicted; 2 yrs. and $2,000. Appeal filed, Def. free on bond.

Jack Young, Esq., 115½ N. Farish, Jackson.
59.27. Mississippi v. Aaron Henry. (Clarksdale.) (City Ct.) NAACP boycotted white merchants for discriminatory practices. Dec. 7, 1961: 7 Negroes arrested. Charge: withholding trade from downtown merchants in violation of Miss. act prohibiting "conspiracy to prevent others from exercising lawful trade or calling". Released on own recognizance.

Jack Young, Esq., 115 N. Farish, Jackson.
59.28. Kentucky v. Pfuhl and Duffey. (Louisville City Ct.) June 26, 1962: 2 members of SNCC participated in demonstration against segregated movie theatre; arrested; charge: refusing to move on police orders. Convicted; 30 days. Appeal pending.
59.29. California v. Gillespie. (San Bernardino Super. Ct., App. Dept.) Def. prosecuted for distributing Socialist Labor Party paper in Fontana, Calif. without business license. Jan. 25, 1963: hearing.

Tony Geram, Esq., and A. L. Wirin, Esq., 257 S. Spring St., Los Angeles, for ACLU of S. Calif.
59.30. California v. Crnovic. (San Bernardino Super. Ct., App. Dept.) Def. prosecuted for having rack containing Socialist Labor Party paper on public property chained to traffic signal. Jan. 25, 1963: hearing.

Tony Geram, Esq., and A. L. Wirin, Esq., for ACLU of S. Calif.
60. Civil Sanctions
61. Against Defamation

61.9. Commr. Sullivan v. The New York Times, Rev. Shuttlesworth. (Ala. Sup. Ct.) $500,000. libel suit by City Commissioner charging that advertisement signed by 4 Negro-Def. ministers appearing in Def.-newspaper Mar 29, 1960, asking funds to help pay legal defense of Rev. King's Ala. income tax suit, contained false statements re Negro college student demonstrations, subjecting Pl. to ridicule and embarrassment, altho Pl. not mentioned in ad. Cir. Ct. ordered Def.-newspaper to produce records showing whether or not it does business in Alabama. June 30, 1960: Ala. Sup. Ct. denied petition by Def. to set aside Cir Ct. order. Aug. 5, 1960: Cir. Ct. held Def.-newspaper was doing business in Ala. at time ad appeared. Nov. 1, 1960: 2 Negroes on jury panel stricken, 3-day trial by 12 white male jurors. Nov. 3, 1960: judgment for Pl. of $500,000. Appeal to Ala. Sup. Ct. filed by Def. and $1,000,000 appeal bond filed. Ala. Sup. Ct. upheld verdict.

Feb. 1961: Pl. attached autos and land of 4 ministers who did not move for new trial, obtained garnishment orders against Montgomery Improvement Assn. and Tuskegee Svgs. & Loan to attach their funds. Apr. 12, 1961: Cir Ct. dismissed action when minister testified Def.-Assn. owed no salaries to 4 ministers.

T. Eric Embry, Esq., Birmingham; Fred Gray, Esq., 34 N. Perry St., Montgomery; V. Z. Crawford, Esq., Mobile, Ala.

Lawyers' Comm. on the Alabama Libel Suits, Report. Theodore W. Kheel, Esq., 477 Madison Ave., NYC.
61.9a. Commr. James v. The New York Times, Rev. Shuttlesworth, et al. (Montgomery Cir. Ct.) $500,000. libel suit similar to Sullivan, 61.9. Jan. 31, 1961: during trial, Negroes sat in courtroom on unsegregated basis. Feb. 1: Trial Judge issued order for segregated seating, overruled Negro-Defs'. motion for mistrial under Fourteenth Amdt. Feb. 2: all-white jury awarded Pl. $500,000. libel judgment. Pending in trial ct. on Defs'. motion for new trial.
- 10 -

61.9b. Commr. Parks v. The New York Times. (CA 5.) Facts, issues, status same as 61.10.
61.10. Gov. Patterson v. The New York Times, Rev. King, Shuttlesworth, et al. (Montgomery Co. Ct.) $1,000,000. libel suit filed by Gov., ex officio chairman, State Bd. of Educ., based on same facts as 61.9; pending. Def.-newspaper printed retraction of statement alleged to be false in advertisement. Apr. 13, 1961: Def. filed removal petitions, alleging Def.-Ala. Negro ministers joined as parties Def. solely to prevent removal to federal ct.; Def.-ministers contend their names appeared in NY Times adv. without their consent. DC overruled Pls'. motion to remand to state ct. Sept. 18, 1962: CA 5 reversed (2-1), held Pls. presented sufficient evidence that Def.-Ala. ministers not joined fraudulently to give state ct. jurisdiction.
61.11. The New York Times v. Connor and Bessemer City Commrs. (CA 5, #19781.) May 6, 1960: Birmingham's 3 City Commissioners and Bessemer City Commrs. each filed $500,000. libel suits against Def.-newspaper and reporter charging publication of Apr. 12, 1960 article re City's race relations "with intent to defame" Pls. "falsely and maliciously". Sept. 1, 1960: DC held Def.-newspaper could be found in and therefore could be served with libel suits in Ala. Je. 14, 1961: CA 5 reversed and remanded. Mar. 19, 1962: DC dismissed amended complaints attempting to correct error found by CA. Nov. 16, 1962: CA 5 affirmed.

Beddow, Embry and Beddow, Esqs., Birmingham, Ala.
61.16. Barton v. Gov. Barnett. (Hinds Co. Cir. Ct., #16,525.) 1960: Def.-Gov. allegedly said Pl.-student participated in Atlanta sit-in, was "member" and "prominent" in NAACP. May 23, 1962: Pl. filed libel and slander suit, alleging Def. "schemed and connived and conspired" to ruin Pl's. reputation, preventing his election as editor of Univ. newspaper. Pending.

John L. Kennedy, Esq., Holly Springs, Miss.
61.17. Franklin v. Paradise American Legion Post 259. (Butte Co. Super. Ct., Calif.) 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. Pending.

Robert Hoffman, Esq., Chico, Calif.
62. By Injunction in Labor Disputes
63. By Injunction in Other Situations
And see cases at 204.
63.2. Alabama ex rel. Atty. Genl. Gallion v. Gray. (Talladega Co. Cir. Ct., #9760.) Apr. 28, 1962: after 50 arrests in desegregation demonstrations (55.18), Cir. Ct. issued broad restraining order against further demonstrations by Def.-students, professors, local and out-of-state organizations and reporters. Oct. 1962: 2 week trial on granting of permanent injunction; State examined 10 witnesses. Trial adjourned til Feb. 4, 1962, with restraining order still in effect.

Charles Morgan, Jr., Esq., 1527 Comer Bldg., Peter Hall, Esq., 1630 - 4th Ave. N., and Arthur Shores, Esq., A. G. Gaston Bldg., all of Birmingham; Charles Conley, Esq., 530 S. Union St., Montgomery; Bishop C. Ewbank Tucker, Esq., 422 S. 6th St., Louisville; John Coe, Esq., 205 Bell Bldg., Pensacola; Victor Rabinowitz, Esq., 30 E. 42nd St., NYC.
63.3. Mitnick d/b/a Central Fourth Street Drugstore v. Fair Share Organization. (Ind. App. Ct., #19741.) Suit by employer for injunction against picketing by Def. to force Pl. to hire Negroes, and for $25,000. damages. Issues: does picketing violate equal protection of law or is it protected by anti-injunction act, §40-504-514. Nov. 11, 1961: Super. Ct. issued temporary injunction against Defs.: held this a racial, not a labor, dispute. Appeal pending.

See cases at 570s.
63.4. B & B Cash Grocery Stores, Inc. v. Young Adults for Progressive Action. (Cir. Ct., 13th Jud. Cir., Hillsborough Co., Fla., Chancery, #124971-C.) (7 RRLR 192.) Jan. 1961: Def.-organization began picketing Pl. for change in policy of hiring Negroes only in menial jobs. Aug. 1961: Pl. sued for injunction against all picketing, $125,000. compensatory, and $50,000. punitive damages. Sept. 1, 1961: Ct. denied Def's. motion to dismiss, found no labor dispute between parties, took judicial notice that Fla. has not passed proposed FEP Act, held peaceful picketing to force employer to hire Negroes is unlawful and not free speech. Feb. 21, 1962: After h'g., Ct. made injunction permanent, taxed costs to Def. Appeal pending.

Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa, Fla.
63.5. Kelley v. Page. (Albany.) (MD Ga., #727.)

and

Anderson v. City of Albany. (MD Ga., #730.)

and

Anderson v. City of Albany. (MD Ga., #731.) DC consolidated Kelley suit by Mayor and city officials to enjoin demonstrations against segregation with 2 suits by Negroes to enjoin city officials from enforcing segregation ordinances (#730) and from interfering with peaceful protests against segregation (#731). Defs. objected to consolidation. Nov. 3, 1962: parties submitted proposed findings of fact in 3 cases.

C. B. King, Esq., P. O. Box 1024, Albany, Ga.; Jack Greenberg, Esq., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

U.S. Dept. of Justice appeared amicus for Defs. in #727, for Pls. in # #730, 731.

And see cases at 51.34-51.36, 542.21-542.21f.
63.6. Potomac Electric Power Co. v. Wash. Chap. of CORE. (DC DC, #3238-62.) Defs. distributed "merit hiring" stamps with instructions to place them on customer's bill stubs when returned to Pl. Oct. 13, 1962: Pl. obtained temporary injunction against Def's. activities, claiming disruption of billing machinery. Issue: Does Norris-LaGuardia Act, 29
- 11 -

U.S.C. §§101 et seq., apply; is this a "labor dispute" under New Negro Alliance v. Sanitary Grocery Co., 303 U.S. 552 (1938). DC held it does not.

Scupi and Witt, Esqs., 600 F St. NW, Washington, D.C.
64. Against Miscellaneous Activities
70. Procedural Problems
71. In Alleging Standing to Sue
Law review article:

Thomas P. Lewis, Constitutional rights and the misuse of "standing", 14 Stanford 433-54

Survey:

Standing to challenge constitutionality of loyalty oath, 37 Wash. 106-14

72. In Raising and Preserving Constitutional
Questions

Law review article, comment, case note:

Clark Byse, Proposed reforms in federal "nonstatutory" judicial review; Sovereign immunity, indispensable parties, mandamus, 75 Harvard 1475-1531

The non-justiciable controversy, 48 Va. 922-38

Supreme court will not decide constitutional question raised on appeal when record is unclear: Lathrop v. Donohue (367 U.S. 820, 1961) 110 U. Pa. 757-63

90. Miscellaneous Freedom of Thought

90.2. Westlake Subdivision Improvement Assn. v. Klein. (San Mateo Super. Ct., #94100.) Def. homeowner in area covered by restrictions and covenants policed by Pl. removed grass lawn and put in ivy. Apr. 1961: injunction action filed. Ct. overruled demurrer. Pending trial.

Thomas Thorner, Esq., Belli, Ashe and Gerry, Esqs., 722 Montgomery, San Francisco.
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
111. In Education
Law review articles:

John Cornelius Hayes, The constitutional permissibility of the participation of church-related schools in the administration's proposed program of massive federal aid to education, 11 DePaul 161-82

William J. McKenna, The transportation of private and parochial school children at public expense, 35 Temple 259-80

Joseph W. Harrison, The Bible, the Constitution and public education, 29 Tenn. 363-418

Comment:

Constitutional analysis of the Wisconsin School Bus Law, 1962 Wis. 500-19


111.6. School Dist. of Abington Township, Pa. v. Schempp. (U.S. S.C., #142.) (364 U.S. 298; 201 F. Supp. 815.) Pl.-Unitarian parents sought injunction against daily reading of at least 10 verses of King James Bible in public schools, as required under Pa. Public School Code §1516, alleging such reading interferes with parents' right to give children religious education of their own choosing. 3-judge ct. found Code sec. unconstitutional after hearing testimony on: differences in text of Bibles, New Testament reading as cause of anti-semitism, and negative reaction by Jewish children, constitutes "religious ceremony" in public school in violation of First and Fourteenth Amendment provisions for free exercise of religion and prohibition of establishment of religion. 1960: on appeal, U.S.S.C. vacated, remanded for hearing on 1959 amendment to excuse students from exercise by written request of parent. Feb. 1, 1962: 3-judge ct. held amended statute unconstitutional. Oct. 8, 1962: U.S. S.C. noted probable jurisdiction on Def.-Bd's. appeal.

Henry W. Sawyer, III, Esq., 1100 Phila. Natl. Bk. Bldg., Philadelphia.

Case notes: 30 Fordham 801-03; 13 Syra. 596-98
111.8. Engel v. Vitale. (U.S.S.C.) Facts: VII DOCKET 105. Cite: 370 U.S. 421.

Case notes: 9 U.C.L.A. 495-501; 33 Miss. 251-53; 30 Fordham 503-10; 28 Brooklyn 146-48
111.10. Chamberlin and Resnick v. Miami and Dade Co. Bds. of Educ. (U.S.S.C.) Taxpayers' suits by Jewish, Unitarian and agnostic parents of public school children testing constitutionality of Def's. practices. June 5, 1962: Fla. Sup. Ct. affirmed trial ct. in upholding Bible reading, singing hymns, reading Lord's Prayer in public schools, disallowed showing of religious movies, using schools for Bible classes after school hours, giving Christmas plays and religious pageants. Ct. said: "this appears to be just another case in which the tender sensibilities of certain minorities are sought to be protected against the allegedly harsh laws and customs enacted and established by the more rugged pioneers of the nation", specifically rejected U.S.S.C. declaration in Everson, 330 U.S. 1, adopted Cooley's 1891 definition of "establishment of religion" instead. Appeal pending.

Herbert L. Heiken and Howard Dixon. Esqs., 748 Seybold Bldg., Miami, for Fla. CLU; Leo Pfeffer, Esq., for Am. Jewish Congress, 15 E. 84th St., NYC.
111.17. Carlson v. Dickman. (U.S.S.C., #242.) (366 P. 2d 533 (1961).) In taxpayer's suit, Ore. Sup. Ct. (6-1) reversed Cir. Ct., held unconstitutional 1941 act permitting parochial schools to get free textbooks from public school districts, as violative of Ore. Constitution's ban on use of state funds "for the benefit of any religious or theological institution"; did not rule on fedl. constitutional questions. Oct. 8, 1962: U.S.S.C. denied Def.-Bd's. petition for certiorari.

John D. Mosser, Esq., 1310 Yeon Bldg., Portland; Leo Pfeffer, Esq., 15 E. 84th St., NYC.

Case note: 31 U. of Cincinnati 335-41
111.20. Brown v. Orange Co. Bd. of Pub. Inst. (Fla. Sup. Ct.) Pl.-parent-taxpayers sued to enjoin Defs. from continuing annual distribution of Gideon Bibles in Jr. Highs. Trial Ct.:
- 12 -

granted motion to dismiss. Dec. 23, 1960: Ct. of App. reversed, held distribution "approximates annual promotion and endorsement of religious sects" following certain teachings; remanded. Defs'. appeal pending.

Jerome J. Bornstein, Esq., 56 E. Pine St., Orlando, Fla.; Leo Pfeffer, Esq., 15 E. 84th St., NYC.
111.22. Murray v. Curlett, Baltimore School Bd. (U.S.S.C., #119.) (179 A. 2d 698.) Pl.-parents sued to enjoin Bible reading in public schools. 1962: Md. Ct. of App. (4-3) affirmed Super. Ct. dismissal of complaint, held daily opening exercises of Bible reading and recitation of Lord's Prayer not in violation of First or Fourteenth Amdts. Oct. 8, 1962: U.S.S.C. granted Pl's. petition for certiorari.

Leonard J. Kerpelman, Esq., 900 Light St., Baltimore.
111.23. Polster v. Centennial Joint School Dist. Bd. (Bucks Co., Pa. Super. Ct.) Pl.-Quaker parents sued to enjoin Def's. approval of distribution of Gideon New Testament Bibles in public schools. Pending.
112. In Public Places

112.23. Anderson v. Redwood City. (San Mateo Co. Super. Ct.) Complaint for permanent injunction to prohibit expenditure of $4,500 appropriated by City Council for private group to erect Easter cross on city-owned land. Super. Ct. enjoined Def. pending trial on merit. Appropriation expired by terms of City Charter; money returned to general fund. Jy. 19, 1962: suit dismissed as moot by stipulation.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market, San Francisco.
120. Conscientious Objection to War
121. Through Application for C. O. Status

121.26. U.S. v. J. C. Harshman. (ND Ill.) Sept. 1961: Def.-member of Harshmanite sect of Church of Jesus Christ charged with refusing induction. At trial, DC sustained objections to testimony re Def's. beliefs and church's belief. Convicted; 2½ yrs., $1,500., suspended with proviso he serve as civilian in institution approved by Selective Service (Chicago hospital).

Francis Heisler, Esq., 7 S. Dearborn, Chicago.
121.27. U.S. v. Parker. (U.S.S.C., #556.) Facts, issues, similar to Harshman, 121.26. Sentence: 2 yrs., $1,000. CA 7 affirmed. Petition for certiorari pending.

Francis Heisler, Esq., 7 S. Dearborn, Chicago.
121.28. U.S. v. N. J. Harshman. (ND Ill.) Def.-Harshmanite convicted of refusing induction after draft bd. refused to grant 1-O (C.O.) classification. Def's. motion for suspended sentence and probation for 24 months "to do work of national importance" pending. Dec. 10, 1962: Sentencing.

Francis Heisler, Esq., 7 S. Dearborn, Chicago.
122. Through Refusal to Register

122.30. U.S. v. Jack Smith. (SD NY.) Def.-editor of Bulletin of Committee for Nonviolent Action refused to report for induction into armed forces, though over draft age and formerly classified 3A because of dependents. Issue as put by Def.: "Is the individual conscience worthless when in conflict with what it holds to be an immoral law ordained by government and, if not, should an individual be deprived of his liberty because he refuses to compromise his conscience in such a conflict?" Sept. 6, 1962: after trial before judge, convicted; 9 mths.

Jack A. Smith, pro se.
123. Through Civil Disobedience
Article:

William R. Miller, What is civil disobedience? 10/10/62 CNVA Bulletin, p. 2, 325 Lafayette St., NYC.


123.22. U.S. v. Aarons and Swann. (CA 2.) Nov. 22, 1960: 9 pacifists attempted to board nuclear submarine Ethan Allen, equipped with Polaris missiles; arrested. Charge: violating Coast Guard order; dismissed; reindicted, with allegation of scienter. Def. Henry pleaded guilty; 1-yr. suspended, 2 yrs. probation after release from 1 yr. in 120.23. 3 Defs. tried by jury, 4 Defs. by ct. May 23, 1961: convicted; 20 days, 30 days, 90 days, 4 yrs. Oct. 30, 1962: CA 2 affirmed.

Catherine Roraback, Esq., 185 Church St., New Haven.
123.23. U.S. v. Gormley. (SD Ia.) Def. refused to pay fedl. income tax because money goes for war; Gov't. seized Def's. bank account, Def. protested seizure; sent to fedl. prison hospital for "mental observation"; released after more than 30 days. Aug. 27, 1962: after trial, Def. convicted of unwarranted loitering in fedl. bldg.; 2 days and costs.
123.24. U.S. v. Henry Foster. (ND Calif., N. Div., #13468.) Sept. 21, 1962: during peace walk, 12 Defs. demonstrated at Mare Island Naval Shipyard; arrested. Charge: trespass; added charge: §21 (a), McCarran Internal Security Act (violating regulation promulgated by Secy. of Defense). $500. bail each. McCarran Act charge dropped; 11 Defs. pleaded guilty to trespass. Def.-Foster's case pending on Def's. motion to dismiss.

Francis Heisler, Esq., Route 1, Box 215, Carmel, Calif.; Alexander Hoffmann, Esq., 1361 Glendale, Berkeley.
123.25. Connecticut v. Lyttle. (10th Cir. Ct., Conn.) Aug. 18, 1962: 6 CNVA members arrested while Polaris submarine Alexander Hamilton launched. Charges: conspiracy, trespassing, breach of peace, resisting arrest. 2 pleaded guilty; served 6 weeks. Oct. 2, 1962: after one day of trial, Prosecutor entered nol prosse on all charges; 1 Def. had served 11 days awaiting trial and Pros. would not ask more time; technical defects in bills of particulars and testimony.

Jerome Caplan, Esq., 37 Lewis St., Hartford.
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws
Law review article and case notes:

Kenneth H. Hopp, 13 Baylor 225-42

- 13 -

40 Texas 702-07; 15 Okla. 177-86; 16 U. of Miami 337-45; 30 GW 363-68; 37 Ind. 397-416; 64 W. Va. 79-83; 41 Boston 557-64

150. Miscellaneous Restrictions
151. In Prisons

151.1. In re Ferguson. (Calif. Sup. Ct.) Facts: VII DOCKET 6: Cites: 361 P. 2d 417, cert. den. 368 U.S. 864 (1961).

Case notes: 75 Harvard 837-40; 9 UCLA 501-09
151.2. Pierce v. Warden LaVallee. (WD NY.) Pl.-Muslim prisoners sued Def.-Warden, charging he placed them in solitary confinement because of their religious beliefs. WD NY dismissed. July 30, 1961: CA 2 reversed, found case stated claim under fedl. civil rights law. Pending.
151.3. In re Marvin D. Jones. (Calif. Sup. Ct.) Facts: VII DOCKET 106. Cite: 372 P. 2d 310.

Comment: 35 So. Calif. 162-74
151.4. Sewell v. Pegelow. (ED Va.) (291 F. 2d 196.) Pl.-Negro inmates of fedl. prison sued under 42 U.S.C. 1983 for restraining order against Def.-prison officials continuing harassment and infringement of Pls'. constitutional rights because of their Muslim religion: denial of opportunity to communicate with religious advisors, to wear religious medals, to recite prayers, to receive publications, to send letters of complaint to Commrs. of Dist. of Col.; 90 days in isolation without adequate food or furniture. DC dismissed. CA reversed and remanded for hearing.

George Blow, Esq., Ct.-appointed counsel.
152. In Other Places

152.5. Dawud and Dakota Staton v. Muhammad and Muhammad's Temple of Islam. (ED Pa., #31539.) Pl.-Negro singer and husband, orthodox Muslims, filed action against Def., leader of Black Muslims, alleging Pl's. career seriously damaged because prospective employers confused her beliefs with the black nationalism of Def. Pls. seek to restrain Def. from teaching doctrines in the name of Islam. Pending.

Charles Roisman, Esq., 215 S. Broad St., Philadelphia.
152.6. Iowa v. Def.-Amish. (Independence Justice of Peace Ct.) Sept. 1962: Def.-Amish community warned it was violating Ia. law in operating 2 schools without hiring certified teachers. Nov. 24, 1962: 8 Amish men arrested; charge: misdemeanor for failure to hire certified teachers in 2 Amish schools. Defs. maintain 8th grade educated teachers sufficient for Amish children in rural community, insufficient funds to pay certified teachers. Convicted; 3 days in lieu of $10. fines. Co. School Supt. prayed for injunction to close schools.
FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
Magazine article and FM broadcast:

Jack Levine, Hoover and the red scare. The Nation, Oct. 20, 1962; 2½ hr. broadcast on FM station WBAI, NYC, Oct. 18, 1962, 30 E. 39th St., NYC 16 for transcripts; National Guardian, Oct. 29, 1962, pp. 6-8.

200. Organizational Privileges Challenged
201. As to Meetings (see also 11, 63)
202. As to Tax Exemption (see also 130, 266)

202.4. U.S. v. Communist Party, Hall, Flynn, Davis, Bart. (SD N.Y.) 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: U.S. sued for $500,000. (1956 sum plus interest), alleging Def. lost exemption as political party on passage of 1954 Communist Control Act. Def's. motion to dismiss as to individual Defs. granted; Oct. 25, 1962: amended complaint filed. Pending.

John J. Abt, Esq., 320 Broadway, NYC.

And see 202.4a.
202.4a. Communist Party v. Commr. of Internal Revenue. (CA DC.) Pl. filed petition for redetermination of alleged $326,000. deficiency in 1951 income and excess profits taxes filed in 1956. Sept. 14, 1962: Tax Ct. dismissed petition for failure to prove its filing was authorized by Petr. Appeal pending.

John Abt, Esq., 320 Broadway, NYC.
203. As to N.L.R.B. Certification (see also 245, 291)

203.3. U.S. v. R. Dennis. (DC Colo.) 1956: Indictment for conspiracy to obtain services of NLRB for Mine, Mill and Smelter Workers Union by use of false affidavits by Def.-union officials that they were not Communist Party members. Issues: charge for false statement under oath not subject to conspiracy charge in 18 USC 371; Leedom and Meat Cutters, 352 U.S. 153, held NLRB can not look behind affidavits when filed, and therefore could not have been defrauded. Oct. 1959: 3 Defs. pleaded nolo contendere; 2 Defs. acquitted by trial ct.; 9 convicted by jury; 7 Defs. fined $2,000., 3 yrs.; 2 Defs. fined $1,500., 18 mths. Mar. 5, 1962: CA 10 reversed; held testimony of Gov't. witness Lautner re statements of Stein (alleged Communist Party leader) inadmissable against all appellants because not made in presence of any appellants, witness not named as co-conspirator, and no other evidence Stein was member of conspiracy; dismissed indictments against 2 Defs. for lack of proof. Justice Dept. announced retrial of 7 in Spring 1963.

Nathan Witt, Esq., P. O. Box 156, NYC.

And see Mine-Mill, 212.1.
204. As to Continued Existence (see also 63, 213, 223)

204.1. Alabama ex rel. Gallion v. NAACP. (Ala. Sup. Ct.) (357 U.S. 449, 360 U.S. 240.) 1956: Cir. Ct. issued temporary restraining order against NAACP conducting any business in the state or complying with foreign corp. registration
- 14 -

law; imposed $100,000. fine for civil contempt when NAACP failed to produce membership lists. 1958: U.S.S.C. unanimously reversed, held production of lists entails likelihood of substantial restraint on members' exercise of freedom of association; remanded question of continuation of restraining order to Ala. Sup. Ct. Feb. 12, 1959: Ala. Sup. Ct. "again affirmed" contempt adjudication and $100,000. fine. June 1959: U.S.S.C., per curiam, reversed, ordered further proceedings in Cir. Ct. to conform to its opinion on membership list issue. Jy. 11, 1960: Ala. Sup. Ct. remanded to Cir. Ct. Oct. 1961: U.S.S.C., in companion suit in DC by NAACP, granted certiorari, vacated and remanded with order to DC to try issues unless Alabama accorded hearing on motion to dissolve 1956 restraining order no later than Jan. 2, 1962. Dec. 27, 1961: Cir. Ct. held hearings on Atty. Gen'l's. motion for permanent injunction against Def. operating in state. Def. moved for integration of seating in ctroom; denied. Def. moved for instruction to court reporter to refer to all witnesses as "Mr." and "Mrs.", not just whites; denied. Dec. 29: Cir. Ct. found Def. had operated illegally in state before and after 1956 temporary restraining order; granted Pl's. motion for permanent injunction against Def. operating in state. Appeal pending.

Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC; Arthur Shores, Esq., A. G. Gaston Bldg., Birmingham, Ala.
204.4. NAACP Legal Defense and Educ. Fund, Inc. v. Button. (ED Va., #2436.) (159 F. Supp. 503, 360 U.S. 167, 170, 179.) Jan. 1958: Action testing constitutionality of 1956 Va. laws which provide for: 1) registration of groups financing law suits to which they are not parties; 2) penalties for activities of one race which create racial conflict; 3) punishment under barratry laws; 4) anyone bringing suit against state or local gov't. must file certain information. 3-judge Ct. held for NAACP, granted injunction restraining Va. Atty. Genl. from proceeding under Chaps. 31, 32, 35; retained complaints re Chaps. 33, 36, till NAACP secures interpretation in state cts. June 1959: U.S.S.C. (6-3) reversed, held Chaps. 31, 32, 36 need state ct. interpretation which might avoid fed'l. constitutional adjudication. Jan. 7, 1961: DC granted Pl's. motion for voluntary dismissal of cause of action re "maintenance" (see 204.4a) continuance re "running and capping" statute pending termination of 204.4b.

Oliver W. Hill, Esq., 118 E. Leigh St.; Jack Greenberg, Esq., NAACP Legal Defense & Educ. Fund, 10 Columbus Circle, NYC.
204.4a. NAACP v. Button, Va. Atty. Genl. (U.S.S.C., #5.) (366 U.S. 956, 116 S.E. 2d 55, cert. granted 369 U.S. 833.) In conformity with 3-judge ct. decision in 204.4, suit filed in State ct. under Declaratory Judgment Act for interpretation of Chaps. 33 and 36, redefining "running" and "capping", prohibiting "inducement" and "instigation" of litigation. Sept. 2, 1960: Va. Sup. Ct. of App. affirmed Cir. Ct. construction of "running" and "capping" laws as valid proscription of certain, but not all, NAACP Fund's activities in Va.; reversed on construction of "maintenance" statute, holding it unconstitutional and void. Mar. 1961: U.S.S.C. granted certiorari. Apr. 2, 1962: U.S.S.C. restored to calendar for reargument.

Robert L. Carter, Esq., NAACP, 20 W. 40th, NYC; Oliver W. Hill, Esq., Richmond; Herbert O. Reid, Esq.
204.4b. NAACP Legal Defense Fund v. Button. (Richmond Cir. Ct., #B-2879.) Action for judgment construing barratry and registration statutes, Chaps. 31, 32, 35. During oral argument, Def. conceded barratry statute unconstitutional. Aug. 31, 1962. Ct. held none of 3 statutes could be legally applied to Pl.

Jack Greenberg, Esq., NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Circle, NYC.
204.4c. Virginia ex rel. Virginia State Bar v. NAACP, NAACP Legal Defense and Educ. Fund, Inc., Va. State Conf. of Branches, NAACP. (Richmond Chancery Ct., #503.) Va. State Bar sued for injunction restraining Def.-NAACP from "continuing unauthorized practice of law" in Va. by soliciting individual members and non-members to start school desegregation suits, obtaining authorizations from clients "without explaining to them the nature or purpose thereof", employing and paying attys. without individual litigants having choice in selection, controlling litigation without communicating with or accepting instructions from clients. Defs. answers filed. Pending completion of pretrial discovery.

S. W. Tucker, Esq., 111 E. Atlantic, Emporia, Va.; Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.
204.8. Arkansas ex rel. Atty. Genl. v. NAACP Legal Defense and Educ. Fund. (Cir. Ct., Pulaski Co., #44,679.) Dec. 1958: Atty. Genl. sued to recover statutory penalty from Def. for "doing business" in state without complying with foreign corporation's registration statute. Pending.

Jack Greenberg, Esq., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.
204.9. Arkansas ex rel. Atty. Genl. v. NAACP Legal Defense and Educ. Fund. (Cir. Ct., Pulaski Co., #45,183.) Jy. 1958: Atty. Genl. sued to enjoin Def. from violating Ark. act prohibiting corporate practice of law. Pending on Def's. objection to Pl's. interrogatories.

Jack Greenberg, Esq., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.
204.18. Alabama ex rel. Gallion v. CORE. (Montgomery Cir. Ct.) Ala. Secy. of State Frink rejected CORE's application to operate in Ala. as foreign corp., citing Cir. Ct. ruling (Dec. 29, 1961) re NAACP (204.1) Atty. Genl. Gallion applied for temporary restraining order prohibiting CORE from qualifying to do business in Ala. Feb. 3, 1962: Cir Ct. issued order.

And see 204.18a.
204.18a. CORE v. Gallion and Alabama. (MD Ala.) Feb. 1962: Pl.-organization petitioned DC to vacate state ct. injunction against its doing business in Ala. (see 204.18), alleging conspiracy between Ala. Secy. of State and Ala. Atty. Genl. Apr. 6, 1962: DC denied petition, remanded to Cir Ct. (as in NAACP, 204.1).

And see 204.18.
- 15 -

210. Compulsory Registration
211. Under 1950 Internal Security Act
Pamphlets:

Foreman, Hall, Nixon, Davis, Smith, Fishman, Melish, Abt, Kempton: On this we stand together: End McCarranism. Citizens Comm. for Constitutional Liberties, 22 E. 17th St., Rm. 1525, NYC 3.

D. N. Pritt, Q. C., Liberty in chains — An examination of the new McCarthyism. Comm. for Democratic Rights in the USA, Helen Bastable, 23 Clissold Ct., Green Lanes, London N. 4.

Basic Documents on the McCarran Act, ECLC, 421 7th Ave., NYC.


211.1. Communist Party v. S.A.C.B. (U.S.S.C.) Facts: VI DOCKET 107-8. Cite: 367 U.S. 1 (1961).

Case notes: 37 Notre Dame 239-45; 26 Albany 95-102
211.1a. U.S. v. Communist Party. (DC DC.) Dec. 1, 1961: Def. indicted in 12 counts for failure to register and file registration statement pursuant to S.A.C.B. order (in 211.1). Dec. 8, 1961: Def. pleaded not guilty. Jan. 5, 1962: Def. filed motion to dismiss because: (1) registration requirement requires Def's. officers to incriminate themselves; (2) only way for Def's. officers to claim privilege is by Def. in their behalf; (3) registration statement requires Def. to express agreement with the Gov't's. condemnation of it by defining "Communist-action" organization in registration statement in statutory language, which Def. rejects as inapplicable to it; (4) Act, by permitting S.A.C.B. to determine whether Def. is "Communist-action" organization, unconstitutionally denies Def. grand jury indictment, trial by petit jury on this issue; (5) Gov't. employees on indicting grand jury could not decide impartially in this case; (6) demand for list of members, financial reports is extravagantly vague and impossible of compliance; (7) punishment of $10,000. for each offense permits prosecutor "to bankrupt a political party merely because it refuses to stigmatize itself by a public confession of guilt", in violation of Eighth Amendment's prohibition against excessive fines. Motion to dismiss indictment denied. Trial date: Dec. 11, 1962.

John J. Abt, Esq., 320 Broadway, NYC; Joseph Forer, Esq., 711 14th St. NW, Washington, D.C.
211.1b-1c. U.S. v. Hall and Davis. (DC DC, Cr. # #228-62, 229-62.) Mar. 16, 1962: Defs. arrested for failure to register the Communist Party under Internal Security Act. (See 211.1, 211.1a.) Mar. 30, 1962: Defs., alleged Party secretaries, pleaded not guilty; $5,000. bail. Defs'. motion to dismiss pending.

John J. Abt, Esq., 320 Broadway, NYC; Joseph Forer, Esq., 711 14th St. NW, Washington, D.C.

Comment:

Judicial techniques and the Communist Party: The internal security and Smith Acts construed, 31 U. Cin., 152-172.
211.1d-.1m. Kennedy v. Albertson, Friedlander, Johnson, Patterson, Tormey, Weinstock, Healey, Lima, Nelson, Proctor. (S.A.C.B. # #I-1-62-I-10-62.) May 31, 1962: Atty. Genl. filed petitions with SACB for orders requiring Resp'ts. to register themselves as members of Communist Party under Int. Security Act, §8. Answers filed. Sept.-Nov. 1962: local hearings held in all cases. Oct. 29-Nov. 2, 1962: SACB issued registration orders against Albertson and Friedlander; appeals pending in CA DC. Other cases awaiting SACB orders.

John J. Abt, Esq., 320 Broadway, NYC and Joseph Forer, Esq., 711 14th St. NW, Washington, D.C. Local counsel: George Andersen, Esq., 240 Montgomery and Richard A. Bancroft, Esq., 683 McAllister, both of San Francisco; Ann Fagan Ginger, Esq., 1908 Virginia St., Berkeley.
211.2. Jefferson School v. S.A.C.B. (CA DC.) S.A.C.B. ordered Def.-School to register as "Communist-front" organization, based on finding that Communist Party is "Communist-action" organization and School's activities are related to it. Dec. 1956: Def. ceased operation. Proceedings stayed pending decision of C.P. v. S.A.C.B. (211.1). Oct. 1962: appeal argued.

Harry Sacher, Esq., 342 Madison Ave., NYC.

Amicus brief by Melvin L. Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.
211.3. Labor Youth League v. S.A.C.B. (CA DC.) Facts and issues similar to Jefferson School (211.2).

Gruber and Turkel, Esqs., 1 Bank St., Stamford, Conn.
211.4. Nat'l. Council of American-Soviet Friendship v. S.A.C.B. (CA DC.) Facts, issues and status similar to Jefferson School (211.2). Oct. 3, 1962: appeal argued.

Forer and Rein, Esqs., 711 - 14th St. NW, Washington, D.C.

Amicus brief by Melvin L. Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.
211.5. Civil Rights Congress v. S.A.C.B. (CA DC.) 1955: After hearing, hearing officer recommended Def.-organization be required to register as "Communist front". Jan. 1956: Def. dissolved at convention. Feb. 1956: exceptions to recommended order filed, with motion to dismiss for mootness. 1961: CA DC remanded to S.A.C.B. for hearing on Pet's. contention that it is defunct. Jy. 11, 1962: SACB denied Pet's. application for dismissal for mootness because organization defunct. Appeal pending in CA.

Mary Kaufman, Esq., 30 E. 42nd St.; Reuben Terris, Eeq., 154 Nassau, both of NYC.
211.6. Kennedy v. Washington Pension Union. (S.A.C.B. #114-55.) Facts, issues and status similar to 211.5 Def's. motion to re-open on basis of Jencks decision pending.
211.7. Haufrecht v. S.A.C.B. (re American Peace Crusade) (CA DC.) After hearing, S.A.C.B. ordered organization to register as "Communist front". Sept. 1957: S.A.C.B. struck testimony of Gov't. witness Isaac Alexander Wright and vacated previous registration order pending consideration of effect of striking this testimony; new registration order issued. Jan. 8, 1962: CA DC remanded to S.A.C.B. for findings re dissolution of the organization. S.A.C.B. issued report: order should remain in effect though organization discontinued. Appeal argued Oct. 10, 1962.
- 16 -

Joseph Forer, Esq., for Intervenor, 711 - 14th St. NW., Washington, D.C.
211.8. California Labor School in San Francisco v. S.A.C.B. (S.A.C.B.) 1957: after hearings, S.A.C.B. affirmed hearing examiner's recommended findings requiring Def.-School to register as "Communist front". 1957: School ceased operation. Mar. 1962: CA DC remanded to S.A.C.B. for hearing on Pet's. contention it is defunct. Apr. 17, 1962: S.A.C.B. hearing held.

Gladstein, Andersen and Leonard, Esqs., 240 Montgomery St., San Francisco.
211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (CA DC, #15,960.) 1953: proceeding instituted; hearings held. 1959: hearing reopened to permit cross-examination of gov't. witnesses following production of documents in accordance with Jencks doctrine (see 315). June 27, 1960: S.A.C.B. issued order requiring organization to register. Aug. 25, 1960: Pet. filed petition for review. Jan. 8, 1962: CA DC remanded to S.A.C.B. for further hearings on proposal to strike testimony of Barbara Hartle. S.A.C.B. issued new registration order. Oct. 3, 1962: appeal argued.

Joseph Forer, Esq., 711 14th St. NW, Washington, D.C.

Amicus brief by Melvin L. Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.
211.10. Kennedy v. California Emergency Defense Committee. (S.A.C.B.) Def.-organization, established to help provide Smith Act defendants with legal defense and to urge repeal of Smith Act, dissolved March 31, 1957. May 1957: 5 days of hearings held. 1958: S.A.C.B. approved hearing examiner's recommendation for registration order. 1959: after further proceedings, S.A.C.B. again ordered Def. to register. Pending.

John T. McTernan, Esq., 3175 W. 6th, Los Angeles.
211.12. Blau v. S.A.C.B. (re Colo. Comm. to Protect Civil Liberties. (CA DC.) 1959: Bd. ordered registration of organization of Denver Smith Act Defs. (241.8) whose sole purpose was to raise funds for their defense and to propagandize against their prosecution under Smith Act. Bd. raised contention that dissolution of organization made proceeding moot. Jan. 8, 1962: CA DC remanded to S.A.C.B. for findings re dissolution of the organization and the permanence thereof. S.A.C.B. again ordered registration. Appeal argued Oct. 10, 1962.

Joseph Forer, Esq., 711 - 14th St. NW, Washington, D.C.
211.13. Veterans of the Abraham Lincoln Brigade v. S.A.C.B. (CA DC, #13,174.) 1953: Hearings before S.A.C.B. 1955: S.A.C.B. ordered anti-Franco organization to register as Communist-front. 1962: CA DC rejected organization's request to appoint counsel. Oct. 1962: Appeal argued.

Leonard B. Boudin, Esq., 30 E. 42nd St., for Emergency Civil Liberties Comm.

Amicus appearance by Melvin L. Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.
211.14. United May Day Comm. v. S.A.C.B. (CA DC) Facts, issues, status of Committee which planned May Day celebrations in NYC similar to 211.13.

Amicus appearance by ACLU.
212. Under 1954 Communist Control Act

212.1. Kennedy v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.) (CA DC., #17,135.) July 1955: first petition filed under 1954 Communist Control Act to have a union declared a "Communist-infiltrated" organization, alleging group in leadership used Union for "Communist-inspired purposes". Hearings postponed pending C.P. v. S.A.C.B. (211.1). Feb. 1957: hearings commenced. 1959: S.A.C.B. ruled Def.-organization entitled to see statements of Gov't. witnesses to gov't. agencies; hearings resumed. Dec. 26, 1961: S.A.C.B. Examiner's recommended decision filed, finding Def. to be "Communist-infiltrated". Feb. 1, 1962: Def's. exceptions filed, objecting to: (1) failure to limit findings to 3 yr. limitations period in Act; (2) failure to deal with credibility of Pet's. main witness; (3) violation of First Amendment rights because findings and conclusions based only on political affiliation of Union's leaders and on policies and views of the Union. May 5, 1962: S.A.C.B. adopted Examiner's findings, held Def.-Union "Communist-infiltrated", found Union "has consistently taken positions in opposition to the domestic laws and the programs of the fedl. gov't. in the field of communism". Union's petition for review of order making Union ineligible to use Natl. Labor Relations Bd. and requiring labelling of all Union publications as "disseminated by a Communist organization" pending. Def.-Union's petition for determination it is no longer "Communist infiltrated" (under Int. Security Act §13A(b)) pending before S.A.C.B.

Nathan Witt, Esq., P. O. Box 156, NYC; Joseph Forer, Esq., 711 - 14th St. NW, Washington, D.C.

And see R. Dennis, 203.3.
213. Under State Laws (see also 204)
220. Listing
221. By the Attorney General of the United States
222. By Congressional Committees
And see cases at 271.
222.1. Wheeldin v. Wheeler (U.S.S.C., #69 Misc.) (283 F. 2d 535, 302 F. 2d 36.) 1958: Pl.-reporter moved to quash House UnAmerican Activities Committee subpoena and for $20,000. damages, alleging issuance of subpoena subjected him to "public shame, disgrace and ridicule and falsely stains [him] with the stamp of disloyalty". DC dismissed action. June 28, 1960: CA 9 held: Pl's. claim for injunctive relief against Comm. hearings moot; affirmed DC rejection of claim for declaratory relief; affirmed dismissal of claim for money damages against Def.-U.S. marshal and sheriff and their sureties; reversed as to Def. Wheeler, investigator for Comm., under Bell v. Hood, 327 U.S. 678, found jurisdiction to hear claim for money damages against him, remanded to DC which granted Def.-Wheeler's motion to dismiss. Oct. 8, 1962: U.S.S.C. granted certiorari: "counsel are directed to discuss the question of federal jurisdiction".

Nanette Dembitz, Esq., 55 E. End Ave., NYC and A. L. Wirin, Esq., 257 S. Spring St., Los Angeles, for ACLU of S. Calif.
- 17 -

223. By State Authorities (see also 24, 281)

223.3. Elfbrandt v. Russell, Arizona Gov. Fannin. (Ariz. Sup. Ct.) Pl.-public school teacher filed suit testing constitutionality of 1961 Arizona Communist Control Act section requiring loyalty oath of all public employees, and rest of Act outlawing Communist Party in Ariz., defining sedition. Issues: breadth of oath; lack of standards for determining what organizations fall within proscription; no administrative procedure for determining proscribed orga