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CIVIL LIBERTIES DOCKET
Vol. VIII, No. 4
August, 1963
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The DOCKET is published four times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor
DOUGLAS HILL, Assistant Editor

I. FREEDOM OF EXPRESSION AND ASSOCIATION (FIRST AMENDMENT RIGHTS) (10-200)

MATERIAL ON U.S. SUPREME COURT:

Address: Earl Warren, Science and the law: Change and the Constitution. 12 Jour. of Pub. Law 3-8.

Law review articles:

William O. Douglas, The Bill of Rights is not enough. 38 N.Y.U. L.F. 207-42.

James Warren Beebe, Tomorrow's weapons v. the Constitution. 36 S. Calif. 373-95.

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. (U.S.S.C.) Facts: VIII DOCKET 1, 69, 91. Petition for cert. pending.
11.15. Fields v. City of Fairfield, Ala. (U.S.S.C., #30.)*
12. Of Motion Pictures (see also 52)
13. Of Peddlers
14. Of Books, Magazines (see also 52)
Summary of legal status of "Tropic of Cancer":

Held not abscene in Mass.—Atty. Genl. v. "Tropic of Cancer" (1962) 184 NE.2d 328; Wis.—McCauley v. Tropic of Cancer (1963) 121 NW.2d 545; N.Y.—People v. Fritch (1963) 38 Misc.2d 333; Ill.—Haiman v. Morris, 14.10; Calif.—Zeitlin v. Arneborgh, 14.12.

Held obscene in Calif.—Besig v. U.S. (CA 9 1953) 208 F.2d 142; Conn.—State v. Huntington (1962) Hartford Co. Super Ct., #24657; Pa.—Comm. v. Robin (1962) Phila. Co. Ct. of Com. Pleas, #3177.

Bookseller convicted in Calif.—People v. Smith, 52.44; acquitted in Calif.—People v. Pershina, 52.45, and People v. McGilvery, 52.49. Conviction reversed in Md.—Yudkin v. State (1962) 182 A.2d 798. See 52.58.

Book held obscene but D's conduct came within "advancement of literature" exception in N.H. statute—State v. Goodhue (1962) Grafton Co. Super. Ct., #2223.


14.10. Haiman and Grove Press, Inc. v. Morris. (Ill. Sup. Ct., #37276.)*
14.10a. Grove Press, Inc. and Henry Miller v. Morris. (ND Ill., E. Div., #61 C 1784.)*
14.11. Grove Press, Inc. v. Calissi Bergen Co. Pros. (U.S.S.C.) Facts: VIII DOCKET 2. Pls. appeal from 3-judge ct. decision pending in U.S.S.C.
14.12. Zeitlin v. Arneborgh. (Calif. Sup. Ct., #26905.) (27 Cal. Rptr. 320, 59 A.C. 930.) Facts: VIII DOCKET 2, 69. July 2, 1963: Calif. Sup. Ct. reversed dismissal; held declaratory judgment action proper; found "Tropic" not "hard-core pornography," therefore not exorciseable under Calif. Penal Code §311.
14.13. Florida ex rel. Gerstein v. Grove Press. (3d Dist. Ct. of App., #62-710.)*
14.14. Ronsley v. Stanczak. (Lake Co. Cir. Ct., Ill., #62-179.) Facts: VIII DOCKET 69, 92. Suit dismissed.
14.15. Larkin v. G. P. Putnam's Sons. (N.Y. Sup. Ct., #41231/1963.) Corp. Counsel sought injunction against sale, distribution of "Fanny Hill", alleging book obscene. After trial, verdict for Def.

Charles Rembar, Esq., 521 Fifth Ave., N.Y.C.
15. Of Miscellaneous Activities

15.5. F.C.C. v. Palmetto Broadcasting Co., S.C. (CA DC.) May 1960: F.C.C. notified Pl. that disc jockey on its station WDKD had broadcast vulgar material over 9-yr. period. Pl. discharged disc jockey. Mar. 1961: F.C.C. denied Pl. renewal of license. Appeal pending.

Amicus appearance by ACLU, 156 5th Ave., NYC.
15.6. City of Baltimore v. Moore. (City Ct.) 3 Defs. on peace walk from Canada to Cuba arrested: carrying walk into public park without permit. One Def. released on paying $10 fine; 3 Defs. refused to pay, jailed.
- 122 -

20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster

22.15. Heilberg v. Fixa. (ND Calif.) Suit for injunction against enforcement of 39 U.S.C. §4008 (detention of mail from certain countries as "communist political propaganda" and destruction of mail unless addressee indicates willingness to receive it.) 3-judge ct. denied motion for relief after U.S. Atty. personally delivered mail to Pl. Oct. 21: argument on Gov't's. motion to dismiss as moot.

Marshall W. Krause and Coleman Blease, Esqs., for ACLU, 503 Market St., San Francisco.
22.16. Amlin v. Postmaster General. (SD Calif., #63-635-PH.) June 1963: Suit filed similar to Heilberg, 22.15. Aug. 19, 1963: Hearing on Def's. motion to dismiss; decision awaited.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.
23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281 and 342)
Law review article: Robbey E. George, Dismissal of permanent teachers. 3 Santa Clara U. 164-67.

Comments:

Grounds for removal or suspension of teachers. 8 S. Dak. U. 138-44.

Judicial review of Univ. expulsions, 72 Yale 1362.

Due process in student disciplinary proceedings, 1962 U. Ill. 438-51.


24.20. Koch v. Bd. of Trustes, U. of Ill. S. H. Bucholz, Esq., 19 S. LaSalle St., Chicago 3, Ill.
24.21. Egan v. Moore, Trs. of State Univ. of State of New York. (App. Div., 3d Dept., #324-63.)*
24.25. Byrd v. Gary. (ED S.C.)*
24.26. Ritter v. Matthews, Trs. (N. Texas State U.) (ED Tex., Sherman Div., #9238.)*
24.27. Wilkinson and Schwartz v. Bd. of Trs., Ohio State Univ. (SD Ohio, E. Div., #6611). March 7, 1963: Pl. filed suit challenging University regulation under which he was denied right to speak on campus, sought 3-judge ct. Issues: (1) right of Univ. to bar guest speakers for their political beliefs or associations; (2) right of Univ. to require loyalty oath or disclaimer affidavit as prerequisite to speech; (3) right of students to listen. Pending.

Jack G. Day, Esq., 1738 Standard Bldg., Cleveland, Ohio.
25. On Miscellaneous Activities

25.10. Smith v. Cremins. (SD Cal., #53-61-WB.)*
25.11. In re Claude Belshaw. (Berkeley Personnel Bd.) Berkeley fireman wrote letter to local newspaper stating city officials "fooled" in voting pay increase to policemen; suspended for 30 days. Issue: freedom of expression for city employees. Pending.

Marshall W. Krause, Esq., for ACLU, 503 Market St., San Francisco; Albert M. Bendich, Esq., 2890 Telegraph Ave., Berkeley.
30. Economic Restrictions (see also 251, 261, 268, 281)

30.1. Independent Productions Corp., and I.P.C. Distributors, Inc. v. Loew's, Inc. (SD NY, Civ. #110-304)*
30.5. Wagner v. Post Office. (U.S. Post Office.)*
30.6. Eustace v. Day, Postmaster General and U.S. Civil Service Comm. (CA DC.)*
30.7. Young v. Motion Picture Assn. of America, Inc. (DC DC.)*
30.13. Turn Toward Peace v. Al Molaikan Temple. (Los Angeles Muni. Ct., #908264.)*
30.14. Fort v. Co. of Alameda. (California) (Dist. Ct. of App. 1st Dist., Div. 1, #2168.)*
40. Contempt
41. Of Federal Courts
Case note: Civil contempt order may not include absolute sentence: Cliett v. Hammonds (305 F.2d 565, 5th Cir. 1962) 47 Minn. U. 907-15.
42. Of State Courts
Case note: Refusal to answer same question on 2 appearances constitutes 2 separate and distinct criminal contempts: Matter of Second Grand Judy v. Cirillo. (188 N.E.2d 138, 237 N.Y.S.2d 709, 1963) 14 Syra. U. 670-72.
42.11. Louisiana v. Defs. (19th Jud. Dist., E. Baton Rouge Parish.)*
41.12. Re Dawley and Holt. (Cir. Ct., Hopewell, Va.)*
42.13. Re Selby and Taylor. (Pa. Sup. Ct., ##235, 236.) Facts: VIII DOCKET 92. July 15, 1963: Pa. Sup. Ct. reversed convictions.

John R. McConnell and Arthur Littleton, Esqs., 2107 Fidelity-Phila. Trust Bldg., Philadelphia.
42.14. Johnson v. Virginia. (U.S.S.C.) Facts: VIII DOCKET 92. Cite: 373 U.S. 61.
42.15. George v. Clemmons. (U.S.S.C.) Facts: VIII DOCKET 93. Cite: 373 U.S. 241.
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.)*
51.19. South Carolina v. Carras, Stradley. (Sumter Muni. Ct.)*
51.25. Louisiana v. Rev. Cox. (La. Sup. Ct., ##46395, 46396.) Facts: VIII DOCKET 5. Petition for rehearing pending.

Johnnie A. Jones, Esq., 530 So. 13 St. and Murphy W. Bell, Esq., 971 So. 13th St., both of Baton Rouge; Robert F. Collins, Nils R. Douglas and Lolis E. Elie, Esqs., 2211 Dryades St., New Orleans.
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51.27. South Carolina v. Randolph. (Sumter.) (Sumter Co. Cir. Ct.)*

Read 51.34-51.36 as part of summary of Southwest Georgia cases at 55.37.
51.34. Georgia v. Forman. (Albany Recorder's Ct.)*
51.35. Georgia v. Patch. (Albany Recorder's Ct.)*
51.36. City of Albany v. Rev. Anderson. (Albany Recorder's Ct.)*
51.37. Mississippi v. Block. (Greenwood.) (Co. Ct.)*
51.39. City of Athens, Ga. v. 5 Defs. (City Ct., Juv. Ct.) Negro woman complained of 5 Negro pickets urging her not to shop at downtown store being boycotted by Movement. Arrested: threatening another person, disorderly conduct. Pending.
51.40. Connecticut v. Petty. (Cir. Ct., App. Div.) (24 Conn. Supp. 337.) 4 CORE members sat-in at offices of Rep. and Demo. town comm. chairmen in protest on housing ordinance. Convicted. Issues: absence of evidence of disorderly conduct; vagueness of statute as applied. Petition for cert. to U.S.S.C. pending.

Catherine G. Roraback, Esq., 185 Church St., New Haven.
51.41. New York v. 15 Defs. (Rochester Co. Ct.) 2 policemen investigating report that gun was seen at Black Muslim meeting allegedly attacked by 15 Muslims. Charges: rioting, 3d degree assault. After trial, hung jury. Defs. free on bond pending new trial in Sept.

Harold G. Ashworth, Esq., 612 Wilder Bldg.; Louis J. Piccaretto, Esq., 45 Exchange St., both of Rochester, N.Y.
52. Against Obscenity (see also 12, 14)
Summary re "Tropic of Cancer" cases at 14.

Comments:

Louisiana obscenity statute and freedom of speech and press. 23 La. U. 604-09.

Prurient interest as a guide to the state courts, 39 N. Dakota U. 308-22.

Case notes: Comparison evidence inadmissible to establish community standards under "hard core pornography" test: People v. Finkelstein (183 N.E.2d 661, 229 N.Y.S.2d 367; cert. denied, 83 Sup. Ct. 116, 1962) 76 Harv. 1498-1501; 12 DePaul 337-42.


52.20. U.S. v. Frew. (ED Mich.)*
52.22. Massachusetts v. Spiegel. (Cambridge Dist. Ct.)*
52.23. California v. Aday. (Dist. Ct. of App.)*
52.34. New York v. Mishkin. (N.Y. Ct. of App.) Facts: VIII DOCKET 93. Appeal pending.
52.35. Larkin v. G.I. Distributors, Inc. (N.Y. App. Div.) (175 N.E.2d 681.) Dec. 1960: Pl.-NYC Police Commr. obtained temporary show cause order restraining 6 distributors, 10 publishers, 124 distributing agents from selling 50 allegedly obscene magazines. May 1961: App. Div. held ex parte stay against distribution of publications not authorized, upheld temporary injunction. Dec. 1961: Sup. Ct. dismissed complaint, held magazines not obscene. June 21, 1963: App. affirmed (4-1).
52.35a. G.I. Distributors, Inc. v. Murphy. (ED N.Y.) 1963: Action by Defs. in 52.35 against NYC Police Commr., Queens Co. Dist. Atty., assistants and police, under 42 U.S.C. §1983 and 28 U.S.C. §1343, to recover damages for illegal search and for injunction against Defs'. threatened acts of interference with paper back books alleged to be obscene. Aug. 30, 1963: DC denied motion to dismiss.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC.
52.37. Tralins v. Gerstein. (formerly Gerstein v. "Pleasure Was My Business".) (U.S.S.C., #246.)*
52.40. Massachusetts v. Interstate News Dealers Supply Co. (Mass. Sup. Jud. Ct.) (1963 Mass. Adv. Sheets 925.) Facts: VIII DOCKET 6. Mass. Sup. Jud. Ct. reversed and remanded.
52.42. California v. Shaver. (San Mateo Super. Ct.)*
52.44. California v. Bradley Smith. (U.S.S.C., #72.) (Cert. granted: 373 U.S. 901.)*
52.47. U.S. v. Wilmot Enterprises. (DC N.H., #6601.)*
52.48. Connecticut v. Huntington. (Conn. Sup. Ct. of Errors, #5454.)*
52.49. California v. McGilvery. (San Diego Muni. Ct., #M-11466.) Facts: VIII DOCKET 6. Def. acquitted after trial.
52.51. McCauley v. "Tropic of Cancer". (Wis. Sup. Ct.) Facts: VIII DOCKET 6, 71, 93. Cite: 121 NW2d 545.
52.53. Whitney v. San Francisco Municipal Court. (Calif. Sup. Ct., SF #21120.)*
52.54. South Carolina v. Ravenell. (Gen. Sess. Ct., Dorchester Co.) Facts: VIII DOCKET 93. No further action planned. Def's. parents lost home and taxicab business, left S.C.
52.55. Chicago v. Russell, Compton. (Cook Co. Cir. Ct.)*
52.56. U.S. v. Ginzburg. (ED Pa., #21367 Cr.) Facts: VIII DOCKET 93. After trial, Def. convicted on 28 counts of mailing obscene literature; "Eros", "Documentary Books", "Liaison Newsletter" also convicted. Bail $10,000. Pending appeal.
52.57. Chicago v. Bruce. (Chicago Muni. Ct.)*
52.58. New York v. 3 Booksellers. (N.Y. Ct. of App.) Jy. 11, 1963: N.Y. Ct. of App. (4-3) held "Tropic of Cancer" obscene, ordered new trial for Defs. to ascertain their knowledge of book's contents. Aug. 23: Onongada Dist. Atty. moved to dismiss charges, granted.
53. Against Defamation (see also 61)

53.4. Louisiana v. Moore. (19th Jud. Dist., E. Baton Rouge Parish.)*
53.5. Louisiana v. Cox. (19th Jud. Dist., E. Baton Rouge.)*
54. Against Sedition, Criminal Anarchy (see also 241-44)

54.2. Louisiana v. Goldfinch. (New Orleans.) (Orleans Parish Ct.)*
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54.3. Diamond v. Louisiana. (U.S.S.C., #100.) (Cert. granted: 373 U.S. 931.)*
54.4. Louisiana v. Moore and Rougeau. (19th Jud. Dist. Ct., E. Baton Rouge Parish.)

and
54.5. Louisiana v. Zellner and McDew. (19th Jud. Dist. Ct., E. Baton Rouge Parish, #42916.) Facts: VIII DOCKET 7. Charges against 4 Defs. proscribed under La. statute requiring prosecution within 1 yr.; cases closed.

Read 54.6-54.7 as part of summary of Southwest Georgia cases at 55.37.
54.6. Georgia v. Perdew, Harris, Allen. (Americus Justice of Peace.) Summer 1963: SNCC workers marched from church in Negro neighborhood. Three blocks from church stood and sang freedom songs. Police beat demonstrators, arrested Defs. Charges: unlawful assembly, resisting arrest, assault with intent to commit murder (conspiracy charge), inciting to riot. Defs. also charged with attempting to incite insurrection, a capital offense. (See Herndon v. Lowry (1937) 301 U.S. 242.) Defs. bound over to grand jury for hearing in Nov. Motion to set bail denied.

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

And see 55.54.
54.7. Georgia v. Aleony. (Americus Justice of Peace, Sumter Co. Super. Ct.) White-CORE worker watching demonstration in 54.6, left scene holding hand of Negro girl. Arrested; charge: insurrection. Status and counsel identical to 54.6.
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.)*
55.16. Alabama v. Rev. Shuttlesworth, Rev. Phifer. (Ala. Sup. Ct.) Facts: VIII DOCKET 7. Oct. 23, 1962: Ala. Ct. of App. affirmed. Dec. 30, 1962: Petition for cert. denied by Ala. Sup. Ct. "because not on transcript paper". Feb. 28, 1963: Ala. Sup. Ct. denied rehearing.
55.18. Alabama v. Dr. McNair. (Talladega.) (Cir. Ct.)*

And see Alabama v. Gray, 63.2.
55.19. Louisiana v. Moore. (La. Sup. Ct.) Facts: VIII DOCKET 7. Appeal pending.
55.21. Peterson v. California. (U.S.S.C.) Facts: VIII DOCKET 7, 71. Pending on petition for cert.
55.24. Scott v. District of Columbia. (U.S.S.C.) Facts: VIII DOCKET 7, 71, 94. Cite for cert. denied: 374 U.S. 844.
55.25. Jackson v. Allen. (Co. Ct., 1st Jud. Dist., Hinds Co., Miss., #21.)*
55.26. North Carolina v. Frinks. (Chowan Co. Super. Ct.)*
55.28. Illinois v. Tranquilli, Thomas, J. Lewis, Bridges. (Cairo.) (Justice of Peace Ct., Alexander Co. Ct.)*
55.29. City of Cairo v. 47 Defs. (Cairo Muni. Ct., ##20420-20423.) Facts: VIII DOCKET 8, 71.

and
55.29a. NAACP v. City of Cairo. (Alexander Co. Cir. Ct., #L-4672.) 1962: Suit for judgment declaring Ord. No. 849 unconstitutional. May 29, 1963: Stipulated that all prosecutions under Ord. 849 be dropped, no further prosecutions under Ord. will be instituted for peaceful picketing, declaratory judgment action dismissed without prejudice.

Raymond E. Harth, Esq., 109 N. Dearborn, Chicago.
55.31. Missouri v. Lewis, Dunlap, Adams, Kundra. (Charleston Muni. Ct., ##8-36-233, 8-52-249, 8-53-250, 8-55-252.) Facts: VIII DOCKET 8. Aug. 28, 1962: Defs. fined $10.-$25. plus costs, 30 days—fines and jail suspended on payment of costs, conditioned on good behavior. Sept. 4, 1962: Def. Dunlap held in contempt for violating conditions of release: 25 days; served 14, paid $11., released.
55.32. Crawford, Mitchell, Poole, Salter v. Mississippi. (CA 5.)*
55.34. Montgomery Ward v. CORE. (Alameda Co. Super. Ct., #332499.) May 28, 1963: Pl. sued for damages and injunction against picketing to protest discrimination in Pl's. hiring policy. Suit settled by signing of agreement between CORE and Ward's, Pl. promising to implement non-discriminatory hiring policy.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland; Beverly Axelrod, Esq., 345 Franklin, San Francisco.
55.34a. Barnes v. CORE. (Butte Co. Super. Ct., #40296.) Aug. 1963: Suit filed on facts similar to 55.34. Aug. 9, 1963: Super Ct. granted temporary restraining order. Aug. 16, 1963: Ct. dissolved order on Defs. motion, refused to issue preliminary injunction. Pending.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland.

* * *

DANVILLE, VA. CASES:

Over 1,000 arrests were made in Danville between June 5 and Aug. 27, 1963 of Negroes seeking 5 objectives: desegregation of all public facilities and those private facilities open to the public; equal job opportunities in public and private employment; establishment of official bi-racial commission; appointment of Negro representatives on all City bds. and commissions. In order to present a complete picture of civil rights litigation in a typical, active area of the south, all Danville cases are included in this category, except denial of unemployment compensation to demonstrators (Lewis, 263.5) and police brutality (Thomas, 304.28.)

May 31, 1963: first demonstration, with permit from Mayor. June 5: after daily demonstrations, first arrests as Corporation Ct. judge sought to disperse demonstrators. June 6: Corp. Ct. issued ex parte temporary restraining order. June 7: 3 Negro leaders indicted for inciting Negroes to riot against whites under state felony statute. June 14: City Council passed ordinance codifying broadly restrictive terms of restraining order: no one under 18 can picket; no more than 6 pickets regardless of area picketed; no picketing outside business hours. 105 arrested for violatinginjunction. June 17: Defs. filed removal petition of contempt cases to DC under 28 U.S.C. §1443. June 17: Corp. Ct. tried 2 contempt Defs. after removal petition filed; convicted; 90 days with 45 suspended, $25; no bail. June 22: 10 (including Atty. Holt) indicted under inciting to riot statute. June 24-25: DC granted petitions for habeas corpus to release 2 Defs. convicted in Corp. Ct. under 28 U.S.C. §1446.

Jy.: City Council passed anti-parade ordinance. U.S. Dept. of Justice filed amicus appearance to oppose City's motion to remand the removed cases back to Corp. Ct. Jy. 11: DC remanded to Corp. Ct. all cases removed to it by Defs. Jy 29: Corp. Ct. made temporary order permanent injunction and enlarged its scope after hearing in which prosecutor introduced evidence re alleged "Communist-inspired" demonstrations. Aug. 6-8: 347 contempt of injunction cases set for trial; Corp. Ct. granted State's motion for change of venue to remote Va. cities. Many Defs. out on multiple bonds: $500. for each charge. Aug. 8: CA 4 stayed further Corp. Ct. trials pending its decision on 5 cases pending before it:
- 125 -

55.35. Baines v. City of Danville. McGhee v. City of Danville. (CA 4, ##9080, 9082.) Defs. in 138 criminal cases charging violation of June 6 restraining order filed removal petitions to DC. Jy. 11: DC remanded back to state ct. Jy. 16: Defs. filed petition for writ of mandamus in CA 4 and appealed DC's remand order under new construction of 28 U.S.C. §1447(d) which would allow appeal from remand after removal in civil rights cases. Appeal pending.
55.36. Chase v. McCain. Chase v. Aiken. (CA 4, ##9081, 9082.) Pl.-demonstrators filed plenary suits in DC under Civil Rights Act seeking decree enjoining enforcement of June 14 ordinance, June 6 and Jy. 29 injunctions, and declaring them unconstitutional. DC denied relief for failure to exhaust state remedies and no irreparable injury shown. Appeal pending in CA 4.

Counsel in all cases: Ruth L. Harvey and Harry I. Wood, Esqs., 4535 Main St., Len W. Holt, Esq., 243 Ross St., Andrew C. Muse, Esq., Spring and Union St., J. L. Williams, Esq., 323 N. Ridge St. and George Woody, Esq., 212 N. Ridge St., all of Danville; Samuel Tucker, Esq., Southern Aid Ins. Bldg., Richmond; Arthur Kinoy and William M. Kunstler, Esqs., 511 Fifth Ave., NYC; Prof. Chester Antieau, Georgetown Law Center, 6th and E Sts., NW, and Shellie Bowers, Esq., 3429 Clay Ct., NE, both of Washington, D.C.; Richard Goodman and Dean Robb, Esqs., 3220 Cadillac Tower, Detroit.

And see 263.5 and 304.28.

* * *

SOUTHWEST GEORGIA CASES—ALBANY, AMERICUS, FITZGERALD:

Over 1,000 arrests have been made in this area since organization of the Albany Movement in 1961. In order to present a complete picture of civil rights litigation in a typical, active area of the deep south, all 1963 Albany cases are included in this category, except injunction (Anderson, 63.5); sit-ins and demonstrations at terminals (542.21a, 542.21b, 542.21c, 542.21d); insurrection (Perdew, 54.6, Aleony, 54.7); police brutality (Ware, 304.21); school integration (522.Ga.8).

C. B. King, Esq., P. O. Box 1024, Albany, Ga. is counsel in all cases. Donald Hollowell, Esq., 859½ Hunter St. NW, Atlanta, is co-counsel in some cases.
55.37. City of Albany v. Daniels, Davis, deLissovoy, Mormon. (Albany's Recorder's Ct.) 1963: arrested while walking from Negro church to downtown area. Charge: disorderly conduct. Convicted; 30 days or $102. Certiorari granted by Dougherty Co. Super. Ct. Pending.
55.38. Albany v. Wheeler. (Rec. Ct.) Arrested: parading without a permit. Released on bond. Awaiting trial.
55.39. Albany v. Bell. (Rec. Ct.) Several arrested: parading without a permit. Convicted. Appeal to Super. Ct. pending.
55.40. Albany v. Starling. (Rec. Ct.) Juvenile sat in to be served at coffee shop. Customer poured boiling hot cup of coffee on Def. Sheriff asked waitress if she wanted juvenile arrested; she said yes. Charge: loitering. Released on bond. Awaiting trial.
55.41. Albany v. Mosley, Washington. (Rec. Ct.) Kneel-in at front of white church. Arrested: loitering; released on bond. Awaiting trial.
55.42. Albany v. Brown. (Rec. Ct.) Def. taking photographs of kneel-in at church. Arrested: disorderly conduct; released on bond. Awaiting trial.
55.43. Albany v. Randolph, McCray, McCarthy. (Rec. Ct.) During demonstration in Negro neighborhood arrested: disorderly conduct; released on bond. Awaiting trial.
55.44. Albany v. Ricks. (Rec. Ct.) Negro-SNCC worker arrested for participation in outdoor mass meeting at Negro housing project. Convicted; 60 days and $200.
55.45. Georgia v. Ricks. (Dougherty Co. Super. Ct.) Def. in 55.44 charged with inciting to riot. Released on $1500. bond. Pending.
55.46. Albany v. King and Webb. (Rec. Ct.) After remand from CA 5, DC ordered public swimming pool desegregated. Pool already sold to private party, remained segregated. Negro Defs. attempted to buy tickets to pool. Convicted of loitering. Released on bond. Appeal pending to Super. Ct.
55.47. Albany v. Quartimon. (Rec. Ct.) Def. boarded bus, paid fare. When told Negroes sit in rear, Def. said she paid fare and would stay in front. Arrested: use of profanity. Convicted. Appeal pending.
55.48. Albany v. Rothstein. (Rec. Ct.) White SNCC worker tried to buy ticket to white swimming pool. Arrested: failure to obey order of police. Convicted. Appeal pending.
55.49. Albany v. Giddens, Cover, Allen. (Rec. Ct.) Defs. handing out notices of civil rights meeting. Arrested: violating ordinance prohibiting distribution of advertising matter. Convicted; 30 days or $55. Two Defs. beaten when put in jail with 6 white men. Appeal pending.
55.50. Albany v. Mann, Cade, Wender, Cohen, Stech, Rabinowitz, Blechner. (Rec. Ct.) Newly-arrived SNCC workers arrested: vagrancy. Convicted; 60 days, suspended. Appeal pending.
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55.51. Albany v. Porter. (Rec. Ct.) Many Defs. arrested while parading; disorderly conduct. Convicted; 60 days or $102. Appeal pending.
55.52. Albany v. Washington. (Rec. Ct.) After Birmingham church bombings, Def. marched with sign in protest to downtown area. Arrested; convicted.
55.53. Albany v. Perdew. (Rec. Ct.) Def. allegedly threw brick at police car. Charges: disorderly conduct, failure to obey officer, destruction of property. Bound over to State for assault with intent to commit murder. Released on $1500. cash bond.
55.54. Georgia v. Perdew, Harris, Allen. (Rec. Ct.) Defs. in insurrection case (54.6) also held for $40,000 each in peace bonds. When citizen testifies in court that Def. threatens his life or property, Def. must post bond or rest in jail. Bond hearings await outcome of 54.6.
55.55. Georgia v. Durham and McDaniel. (Americus.) Defs. charged with unlawful assembly, resisting arrest, assault with intent to commit murder (conspiracy charge), inciting to riot. Def. McDaniel allegedly threw rock at police car. His bond: $20,000. In jail pending trial.
55.56. Americus v. Wiggins, Merrit, Brown. (Rec. Ct.) Defs. charged with violating newly-passed city ordinance limiting picketing to 9 a.m. to 6 p.m. Convicted; 30 days or $102. Appeal to Sumter Co. Super Ct. pending.
55.57. Americus v. Goober. (Rec. Ct.) Negroes stood in at white window of theater and tried to buy tickets. Charge: blocking the sidewalk. Convicted: 30 days or $102. Appeal pending.
55.58. Americus v. Newsome. (Rec. Ct.) 19 Defs. charged with loitering and resisting arrest at theater. Convicted. 30 days or $102.
55.59. Americus v. Wilbur and Moran. (Rec. Ct.) Loitering at theater; convicted; 30 days or $102.
55.60. Americus v. Daniels. (Rec. Ct.) One Negro girl accused of insulting another. Girl wearing SNCC pin arrested for disorderly conduct. (Standard fine: 7 days or $15.) SNCC worker got maximum sentence: 30 days.
55.61. Americus v. Stephens. (Rec. Ct.) Jy. 19: 11 Defs. stood in at movie; arrested: loitering. In jail til Sept. 3rd trial; convicted. 30 days or $102.
55.62. Americus v. 20 Defendants. (Rec. Ct.) Kneel-in at police station. Convicted.
55.63. Americus v. 48 Defendants. (Rec. Ct.) During march from church to police station to protest arrest of Harris, 54.6, police and citizens charged demonstrators. Children 12 to 19 yrs. old and 67 yr. old man beaten; one youth needed 22 stitches; several others had to have stitches; one had broken leg. Girls' bodies covered with burns from cattle prodders. Jail conditions: lack of ventilation, no operable toilets, no sanitary conditions, no mattresses. Pending trial.
55.64. Americus v. 35 Defendants. (Rec. Ct.) Aug. 18, 1963: On march uptown from Negro neighborhood arrested. Convicted.
55.65. Georgia v. Mary Moss. (Fitzgerald Recorder's Ct.) Integration worker held for 3 peace bonds; 2 dropped. Appeal on one pending in Ben Hill Co. Super. Ct.
55.66. Mayor's Court of Fitzgerald v. Mary Moss. (Mayor's Ct.) 29 arrested at sit-in at public library. Released on bond.
55.67. U.S. v. Anderson. (MD Ga., Albany Div.) April 1963: all-white fedl. petit jury ruled for Def.-Sheriff in suit by Negro-Pl. under Civil Rights Act for damages to Pl's. shoulder from 3 shots by Def. while arresting Pl. for public drunkenness (misdemeanor). (Ware, 304.21). Albany Movement picketed store of white juror Smith with store in Negro community; store closed. Aug. 9, 1963: 3 Negro leaders of Albany Movement (see summary at 55.) indicted by fedl. grand jury for injuring fedl. petit juror and conspiring to so injure by means of picketing, in violation of 18 U.S.C. §§1503, 371. Defs. allege picketing done solely to urge Smith to hire Negro help and treat Negro customers properly. Defs. released on $2500. to $5000. bond. Pending.

C. B. King, Esq., P. O. Box 1024, Albany, Ga.; Donald Hollowell, Esq., 859½ Hunter St. NW, Atlanta, Ga.

And see Rabinowitz, 55.68.
55.68. U.S. v. Rabinowitz. (MD Ga., Macon Div., ##8107-8113.) 5 Negro Defs. and 1 white Def., all active in Albany voter registration work, indicted by fedl. grand jury for perjury before grand jury as to witnessing picket line against juror Smith's store (see Anderson, 55.67) and re attendance at alleged meeting in Atty. King's office (in King's absence) day before grand jury appearances. Papers filed: (1) subpena duces tecum to U.S. Atty. for matter obtained during grand jury investigation; (2) bill of particulars re events surrounding grand jury hearing; and motions: (3) to permit inspection of grand jury minutes; (4) to transfer trial of northern white SNCC worker (with supporting affidavits from profs. expert in race relations on probability of her obtaining fair trial in south); (5) to dismiss indictment—(a) improper jury selection for systematic exclusion of Negroes: (b) unauthorized person present in grand jury room when Def. called; (c) U.S. Atty. improperly inflamed jurors against white Def.; (d) alleged false testimony not on material matter, Def. not apprised of purpose of investigation; (e) offenses charged as separate counts actually all same, resulting in double jeopardy. Defs. released on $2500. bond. Pending.

Victor Rabinowitz, Esq., 30 E. 42nd St., NYC; C. B. King, Esq., P. O. Box 1024, Albany, Ga.
56. Against "Corrupt Practices"

56.4. Alabama v. Mills. (Ala. Sup. Ct., #6 Div. 950.) Facts: VIII DOCKET 94. Under submission.

Kenneth Perrine, Esq., Bank for Savings Bldg., Birmingham.

Amicus appearances by James C. Barton and Charles Morgan, Jr., Esqs., Bk. for Svgs. Bldg., Birmingham.
57. Against Vagrancy

57.3. Louisiana v. Trumpower. (E. Baton Rouge Crim. Dist. Ct.)*
57.4. Georgia v. Sherrod and Allen. (Dawson.)*
- 127 -

57.5. Mississippi v. Rev. A. Jones. (Jackson.) (Hinds Co. Ct.)*
57.7. Alabama v. Zellner. (Montgomery.) (15th Jud. Cir., Ala., #948.) Facts: VIII DOCKET 72. Charges nol prossed.
57.9. California v. Sandness, Hill. (San Francisco Muni. Ct., ##H34752, H34753). June 3, 1963: Defs. arrested under statute (Calif. Penal Code §647(a)(2)) for "loitering" in area "normally used by school children and parents with small children", a public park. July 22, 1963: Muni. Ct. held vagrancy ordinance unconstitutional as too broad, vague, and indefinite, and violative of due process. Appeal by State pending.

Marshall W. Krause, Esq., 503 Market St., San Francisco, for ACLU of N. Calif.
58. Against Trespassing (see also 541, 542, 551, 552)

58.1. California v. Poland and Cage. (U.S.S.C., #21 Misc.)*
58.2. Delaware v. Anderson, Livingston. (Kent Co. Ct. of Com. Pleas.)*
58.3. Alabama v. Zellner. (Talladega.) (Intermediate Ct., #3599.)*

And see 63.2
58.4. Maryland v. Grubb. (Cambridge.)*
58.6. Alabama v. Student Defs. (Huntsville.) (Ala. Ct. of App.)*
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.) (173 O.S. 536.) Facts: VIII DOCKET 9, 72, 95. Trial delayed pending extradition proceedings of Mallory in U.S.S.C. July 19, 1963: Petition for cert. filed.

Amicus appearance by Ohio Civil Liberties Union by Ralph Rudd, Esq., 75 Public Square Bldg., Cleveland.
59.22b. North Carolina v. R. Covington. (Union Co. Super. Ct.)*
59.26. Mississippi v. Bevel. (Jackson.) (Hinds Co. Ct.)*
59.27. Mississippi v. Aaron Henry. (Clarksdale.) (Cir. Ct.)*
59.27a. Mississippi v. Aaron Henry. (Miss. Sup. Ct.)*
59.28. Kentucky v. Pfuhl and Duffey. (Louisville City Ct.)*
59.31. U.S. v. Gibson. (ED Ky.) June 17, 1963: Defs., Kentucky miners, arrested on charges of violating federal train wreck statute (conspiracy to blow up R.R. bridge). Defs. freed on bail. Def.-Stacey turned State's evidence. Trial: Oct. 28.

Paul O'Dwyer, Esq., 40 Wall St., I. Philip Sipser, Esq., 50 Broadway, both of NYC; Dan Jack Combs, Esq., Pikeville, Ky.

Committee for Miners, 96 Greenwich Ave., NYC.
60. Civil Sanctions
61. Against Defamation
Comments:

Defamatory remarks on television held to be "defamacast" and actionable per se: 16 Vand. 472-75; American U. 222-28.

Absolute privilege in Tennessee, 30 Tenn. U. 397-407.

Case notes:

Defamation by TV broadcast is actionable per se: American Broadcasting-Paramount Theaters, Inc. v. Simpson (26 S.E.2d 873, Ga. 1962) 46 Marquette 397-400; 1 Houston 58-60.

Campaign pamphlet allegedly inferring communist sympathy held non-defamatory: Corman v. Blanchard (27 Cal. Rptr. 327, Dist. Ct. App. 1962), 14 Syracuse 694-97.

Libel per se se doctrine: Venn v. Tennessean Newspapers, Inc. (201 F. Supp. 47, M.D. Tenn. 1962), 30 Tenn. U. 466-74.


61.9. New York Times Co. v. Sullivan. (U.S.S.C., #39.)*
61.9a. Commr. James v. The New York Times, Rev. Shuttlesworth, et al. (Montgomery Cir. Ct.)*
61.9b. Commr. Parks and Patterson v. The New York Times. (U.S.S.C., #52.) (308 F.2d 474.)*
61.10. Gov. Patterson v. The New York Ttimes, Rev. King, Shuttlesworth, et al. (Montgomery Co. Ct.)*
61.11. The New York Times v. Connor and Bessemer City Commrs. (CA 5, #19781.)*
61.16. Barton v. Gov. Barnett. (Hinds Co. Cir. Ct., #16,525.)*
61.17. Franklin v. Paradise American Legion Post 259. (Butte Co. Super. Ct., Calif., ##39103, 39906.) Facts: VIII DOCKET 10.

Robert Hoffman, Esq., 179 E. 6th St., Chico, Calif.
61.18. Pauling v. Anti-Communist League of York Co. (MD Pa., #7940.) Facts: VIII DOCKET 95.*

James E. O'Brien, Esq., Scranton Life Bldg., Scranton, Pa.; Henry W. Sawyer III, David W. Maxey, Esqs., 1100 Phila. Natl. Bank Bldg., Philadelphia.
61.18a. Pauling v. National Review. (N.Y. Sup. Ct.)*
61.18b. Pauling v. News Syndicate Co. Inc. (CA 2.)*
61.18d. Pauling v. St. Louis Globe-Democrat. (ED Mo., E. Div. #61 C 312.)*
61.19. Brent v. Singlemann, Citizen's Council of New Orleans. (SD La.) June, 1963: Pls.-faculty members at La. State Univ. filed suit charging they had been held up to "disrepute, ridicule and contempt" in statements made by Def. after they signed petition protesting "Americanism" program broadcast on TV station owned by school system. Pending.
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.) Facts: VIII DOCKET 10, 72. Jy. 1, 1963: Ct. dismissed Talladega faculty as parties, permanently enjoined all others from doing or conspiring to do unlawful acts: street parades, demonstrating, boycotts, trespassing, assembling, picketing in City. Appeal pending.
- 128 -

63.3. Mitnick d/b/a Central Fourth St. Drugstore v. Fair Share Organization. (Ind. App. Ct., Div. 2, ##19741, 20018.) (188 NE.2d 840.) Facts: VIII DOCKET 10. Mar. 19, 1963: App. Ct. affirmed granting of injunction, held picketing unlawful because purpose to obtain replacement of white employees by Negroes a violation of state public policy in F.E.P. Act.
63.4. B & B Cash Grocery Stores, Inc. v. Young Adults for Progressive Action. (Cir. Ct., 13th Jud. Cir., Hillsborough Co., Fla., Ch. #124971-C.)*
63.5. Kelley v. Page. (Albany.) (MD Ga., #727.) Facts: VIII DOCKET 10, 72-3. DC denied injunction asked by city; City's appeal pending.

and

Anderson v. City of Albany. (CA 5, #20501.) (8 RRLR 192.) Facts: VIII DOCKET 10, 72-3. Jy. 26, 1963: CA 5 reversed and remanded to DC to issue injunction. DC did issue injunction against enforcement of segregation ordinances. City's motion for full bench hearing pending.

and

Anderson v. City of Albany. (MD Ga., #731.) Facts: VIII DOCKET 10, 72-3. DC denied Pls.' requested injunction against interference with peaceful desegregation picketing. Pls'. appeal pending.
63.6. Potomac Electric Power Co. v. Wash. Chap. of CORE. (DC DC, #3238-62.)*
64. Against Miscellaneous Activities
70. Procedural Problems
71. In Alleging Standing to Sue
72. In Raising and Preserving Constitutional Questions
90. Miscellaneous Freedom of Thought

90.2. Westlake Subdivision Improvement Assn. v. Klein. (San Mateo Super. Ct., #94100.)*
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
111. In Education
Law review articles:

Joseph G. Schumb, Jr., Religion in the public schools. 3 Santa Clara U. 135-52.

Paul G. Kauper, Prayer, public schools and the Supreme Court. 61 Mich. U. 1069.

Comment: Establishment of religion—a New York school prayer. 28 Mo. U. 109-20.


111.6. School Dist. of Abington Township, Pa. v. Schempp. (U.S.S.C.) Facts: VIII DOCKET 11. Cite: 374 U.S. 203. Je. 17, 1963: U.S.S.C. (8-1) affirmed Schempp, reversed Murray, per Clark, J.: held religious exercises conducted by state supported schools are violative of First Amendment (which applies to states through 14th Amendment): "Nor are these required exercises mitigated by the fact that individual students may absent themselves upon parental request, for that fact furnishes no defense to a claim of unconstitutionality under the Establishment Clause." . . . "While the Free Exercise Clause . . . prohibits the use of state action to deny the rights of free exercise to anyone, it has never meant that a majority could use the machinery of the State to practice its beliefs." Douglas, J. and Brennan, J. conc.; Stewart, J. diss.
111.8. Engel v. Vitale. (370 U.S. 421.) Facts: VII DOCKET 105.

Case note: 61 Michigan U. 1069-86.
111.10. Chamberlin and Resnick v. Miami and Dade Co. Bds. of Educ. (U.S.S.C.) (347 U.S. 487.) Facts: VIII DOCKET 11, 96. U.S.S.C. vacated and remanded for further consideration in light of Murray, 111.22 and Schempp, 111.6.
111.20. Brown v. Orange Co. Bd. of Pub. Inst. (Fla. Sup. Ct., #31, 102.) Facts: VIII DOCKET 11, 96. Fla. Sup. Ct., per curiam, affirmed July 17, 1963, binding ct. to U.S.S.C. decisions in Murray and Schempp, 111.22 and 111.6.
111.22. Murray v. Curlett, Baltimore School Bd. (U.S.S.C.) Facts: VIII DOCKET 12, 73, 96. Cite: 374 U.S. 203. Decided with Schempp, 111.6.
111.23. Polster v. Centennial Joint School Bd. (Bucks Co., Pa. Super. Ct. #M 1 (1962).*
111.26. Re Five Pupils. (N.J. State Educ. Comm.) May 17, 1963: Pupils-Negro followers of "Islamic teachings" suspended from school for periods ranging up to 3 mths. for failure to salute flag; contend that to salute flag contrary to their "Islamic teachings." Pupils reinstated by N.J. Educ. Commissioner; decision awaited.
112. In Public Places

112.25. Co. of Los Angeles and Bethlehem Star Parade Assn. v. Hollinger. (Dist. Ct. App., 2nd Dist., #26868.)*

Case note:

Child who denied belief in God ruled competent witness: State v. Walton (179 A.2d 78, Middlesex Co. 1962) 38 Notre Dame 95 - 99.
120. Conscientious Objection to War
121. Through Application for C. O. Status

121.26. Harshman v. U.S. (U.S.S.C.) Facts: VIII DOCKET 12, 73, 96. Cite: 372 U.S. 607.
121.27. U.S. v. Parker (U.S.S.C.) Facts: VIII DOCKET 12, 73, 96, Cite: 372 U.S. 608.
121.28. U.S. v. N.J. Harshman. (ND Ill.)*
122. Through Refusal to Register
123. Through Civil Disobedience

123.24. U.S. v. Henry Foster. (ND Calif., N. Div., #13468.) Facts: VIII DOCKET 12. DC granted U.S. Atty's motion to dismiss.
- 129 -

123.26. Council v. Donovan, NYC Supt. of Schools. (Kings Co. Sup. Ct., #3496/1963.)*
123.27. McCaffrey v. N.Y.C. Bd. of Educ. (Kings Co. Super Ct.) Pl. fired as a teacher for refusal to lead pupils through Civil Defense shelter drill. Pending.
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws
Comment: The constitutionality of Sabbatarian exemptions. 43 Boston U. 386-95.
140.31. Sherbert v. Verner. (U.S.S.C. (125 SE.2d 737.) Pl.-Seventh day Adventist fired for refusal to work on Sat., her Sabbath; unable to find work not requiring Sats.; denied unemployment compensation for failing, "without good cause, to accept suitable work." Com. Pleas Ct. sustained Commission's findings; S.C. Sup. Ct. affirmed. Je. 17, 1963: U.S.S.C. (7-2) reversed and remanded, Brennan, J.: No answer that compensation merely a privilege—"It is too late in the day to doubt that the liberties of religion and expression may be infringed by the denial or placing of conditions upon a benefit or privilege"; under balancing doctrine, no overriding state interest shown. Douglas, J. conc. Stewart, J. conc. Harlan, J. (White, J.) diss.
150. Miscellaneous Restrictions
151. In Prisons
And see cases at 304.
151.2. Pierce v. Warden LaVallee. (Dannemora.) (ND NY.) (212 F.Supp. 865) (8 R.R.L.R. 44). Facts: VIII DOCKET 13, 97. May 11, 1962: on remand DC dismissed; held Pls. punished to maintain prison order not for religious beliefs.
151.4. Sewell v. Pegelow. (ED Va.)*
151.5. Bratcher v. McGinnis. (Attica State Prison.) (WD NY, #9398.)*
152. In Other Places

152.5. Dawud and Dakota Staton v. Muhammad and Muhammad's Temple of Islam. (ED Pa., #21,367.)*
FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
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.)*

And see 202.4a.
202.4a. Communist Party v. Commr. of Internal Revenue. (CA DC.)*
202.5. Re Revocation of Exemption of Fellowship of Reconciliation. (Int. Rev. Serv.)*
203. As to N.L.R.B. Certification (see also 245, 291)
Law review article: Thomas G. S. Christensen, Free speech, propaganda and the National Labor Relations Act. 38 N.Y.U. 243-79.
203.3. U.S. v. R. Dennis. (DC Colo. #15124 Crim.)*

George J. Francis, Esq., Farmers Union Bldg., Denver, Colo.; Nathan Witt, Esq., P.O. Box 156, NYC.
204. As to Continued Existence (see also 63, 213, 223)

204.1. Alabama ex rel. Gallion v. NAACP. (U.S.S.C., #169.) (150 So.2d 677.)*
204.4. NAACP Legal Defense and Educ. Fund, Inc. v. Button. (ED Va., #2436.)*
204.4b. NAACP Legal Defense Fund v. Gray (formerly v. Button.) (Richmond Cir. Ct., #B-2879.)*
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.)*
204.8. Arkansas ex rel. Atty. Genl. v. NAACP Legal Defense and Educ. Fund. (Ark. Sup. Ct.)

and
204.9. Arkansas ex rel. Atty. Genl. v. NAACP Legal Defense and Educ. Fund. (Ark. Sup. Ct.) Facts: VIII DOCKET 14. Je. 3, 1963: Ark. Sup. Ct. (5-2) held unconstitutional Act 12 (requiring certain organizations to furnish information to Co. Cts. re activities on education); Act 13 (empowering Atty. Genl. to seize organizational files); Act 14 (defining barratry and making it unlawful); Act 16 (making it unlawful to solicit or donate money for school integration suits.)

George Howard, Esq., 329½ Main St., Pine Bluff, Ark.
210. Compulsory Registration
211. Under 1950 Internal Security (McCarran) Act
Comments:

A suggested approach to the bill of attainder clause, 72 Yale 331-67.

Communist registration and the Fifth Amendment, 15 U. Florida 435-56.


211.1a.. U.S. v. Communist Party. (CA DC.)*
211.1b-1c. U.S. v. Hall and Davis. (DC DC, Cr. ##228-62, 229-62.)*
211.1d-1m. Albertson, Friedlander, Johnson, Patterson, Tormey, Weinstock, Healey, Lima, Nelson, Proctor, Lightfoot, Davis, Kushner, Hall v. S.A.C.B. (CA DC.)*
211.1n-1t. Kennedy v. Taylor, Dobbs, Stanford, L. Libson, Gabow, A. Libson, Tormey. (S.A.C.B.)*
211.2. Jefferson School v. S.A.C.B. (CA DC).*
211.5. Civil Rights Congress v. S.A.C.B. (CA DC.)*
- 130 -

211.6. Washington Pension Union v. S.A.C.B. (formerly listed as Kennedy v. Washington Pension Union.) (CA DC, #15197.) Facts: VIII DOCKET 15, 74. June 6, 1963: CA found organization defunct, dismissed its petition for review.
211.8. California Labor School in San Francisco v. S.A.C.B. (S.A. C.B.)*
211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (CA DC, #15,960.)*
211.10. Kennedy v. California Emergency Defense Committee. (S.A.C.B.)*
211.13. Veterans of the Abraham Lincoln Brigade v. S.A.C.B. (CA DC, #13,174.)*
211.14. United May Day Comm. v. S.A.C.B. (CA DC.)*
211.15. Kennedy v. Advance. (S.A.C.B.) Facts: VIII DOCKET 74. Hearing date: Sept. 9, 1963.

Mary Kaufman, Esq., 303 W. 66th St., NYC, for Emergency Civil Liberties Comm.
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.) Facts: VIII DOCKET 16, 74. Aug. 9, 1963: Bd. dismissed Def.'s redetermination petition for failure to make prima facie case. Original case pending in CA on Def.'s petition for review.
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.

Law review article: Carl A. Auerbach, Some comments on the case for the House un-American Activities Committee. 47 Minn. U. 593-603.


222.1. Wheeldin v. Wheeler. (U.S.S.C.) Facts: VIII DOCKET 16, 74, 98. Cite: 373 U.S. 647.
223. By State Authorities (see also 24, 281)

223.3. Elfbrandt v. Russell, Arizona Gov. Fannin. *
FREEDOM OF ASSOCIATION: AFFECTING THE MEMBERS (240-294)
240. Criminal Penalties for Membership
241. Under Smith Act: for Conspiracy
242. Under Smith Act: for Mere Membership
243. Under 18 U.S.C. 2384
244. Under Kennedy-Landrum-Griffin Act (29 U.S.C. 504) (See also 203, 291)

244.1. U.S. v. Brown. (CA 9.)*
245. Under State Laws (see also 54)

245.15. Indiana v. Levitt, Bingham, Morgan. (Monroe Co. Cir Ct., #601.) Facts: VIII DOCKET 98. Case dismissed but Defs. re-indicted.

Leonard Boudin, 30 E. 42nd St., N.Y.C., for Emergency Civil Liberties Comm.
246. Under 1950 Internal Security (McCarran) Act

246.1. U.S. v. Robels. (WD Wash. N. Div., #50,676). Facts: VIII DOCKET 99. Def. moved to dismiss: failure to allege Communist Party a Communist action organization as defined in Act; statute violates First, Fifth and Sixth Amendments, is bill of attainder. Argument pending.
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)

251.15. Dew v. Halaby. (U.S.S.C.) (317 F.2d 582.)*
251.52. Garrott v. U.S. (U.S. Ct. of Claims, #19-63.)*

See cases at 30.5, 30.6.
251.53. In re Loletta Leary. (U.S. Civ. Serv. Comm.) Pet. denied interest on deceased husband's annuity because of his false denial of Communist Party membership made prior to passage of 5 U.S.C. 2284. Issues same as Garrott, 251.52. Pending.

Hal Witt, Esq., 600 F St., NW, Washington, D.C.
252. As to Passport Applications and Right to Travel

252.27a. Worthy v. U.S. (CA 5, #20062.)*
252.33. Elizabeth Gurley Flynn v. Secy. of State Rusk. (U.S.S.C.) Facts: VIII DOCKET 75, 99. Jy. 12, 1963: 3-judge ct. upheld constitutionality of statute; dismissed complaint. Appeal pending.
252.34. Aptheker v. Secy. of State Rusk. (DC DC, #3886-62.) Facts: VIII DOCKET 75, 99. Status same as Flynn, 252.33.
252.35. Zemel v. Rusk and Kennedy. (DC Conn, #9549).*
252.36. MacEwan v. Rusk and Kennedy. (ED Pa., #33038.)*
252.54. U.S. v. Steadman, Bonello, Zahn. (CA 9.)*
252.55. Copeland v. Secy. of State Rusk. (DC DC.) Facts: VIII DOCKET 99. Oct. 1, 1963: argument before 3-judge ct.
252.56. Mayer v. Secy. of State Rusk. (DC DC, #1034-63 Civ.)*
252.57. Jerome v. Secy. of State Rusk. (DC DC). Facts: VIII DOCKET 99. Passport granted. Case closed.
253. As to Army Discharges (see also 341)
254. As to Veterans Disability Payments

254.2. Thompson v. Gleason. (formerly Thompson v. Whittier.) (DC DC.) (317 F.2d 901.)
255. As to Social Security Benefits (see also 263, 346)
See Heikkila, 358.51.
256. In Housing Projects
- 131 -

257. As to Federal License Applications

257.6. Halaby, Admr., Fed'l. Aviation Agency v. Susemihl. (Fedl. Aviation Agency.)*
257.7. Blumenthal v. F.C.C. (U.S.S.C.) Facts: VIII DOCKET 99. Cite for cert denied: 373 U.S. 951.
258. Through Deportation Proceedings (see also 358)

258.7. Wolf v. Boyd (Imm. Serv.) Facts: VIII DOCKET 18, 99. Remanded to administrative level for reconsideration in light of Gastelum-Quinones, 258.9.
258.9. Gastelum-Quinones v. Kennedy. (U.S.S.C., ##39, 293.) Facts: VIII DOCKET 18. Je. 17, 1963: U.S.S.C. (5-4) reversed, Goldberg, J.: Under Galvan (1954) 347 U.S. 522, and Rowoldt, 258.1, 355 U.S. 115, Gov't. has burden of proving deportee was "meaningful member" of Communist Party aware of its "distinct ... nature"; "we cannot sustain Pet's. deportation upon a bare inference ... derived from Pet's. failure to introduce evidence in response to the Gov't's. proof of his dues-paying membership [1949-50] and sometimes attendance at Party meetings." White, J. (Clark, Harlan, Stewart, JJ.) diss.
259. Through Denaturalization and Naturalization Proceedings (see also 358)

259.52. Sittler v. U.S. (CA 2.) Facts: VIII DOCKET 99. Cite: 316 F.2d 312.
260. Civil Disabilities for Membership: State, Local and Private
261. In State or Local Government Employment

261.1. Wilkins v. Carlander, et al. (Super. Ct. Kings Co., #490844.)*
262. In Teaching (see also 24, 267, 281 and 342)

262.5. Golden, Detwyler and Mahin, Norman and Boyd v. Ky. State College. (ED Ky., Frankfort Div., ##197-199.)*
262.9. Bd. of Trustees, Fullerton Jr. College v. Phillips. (Dist. Ct. of App.)*
263. As to State Unemployment Insurance Benefits (see also 255, 346)

263.5. Lewis v. Bennett. (CA 4, #9083.) More than 11 Negro demonstrators in Danville (see summary at 55.) filed suit in DC seeking injunctive relief against denial of unemployment compensation benefits solely because Pls. participated in demonstrations. DC denied relief for failure to exhaust state remedies and to prove irreparable injury. Appeal pending.

Counsel listed at Danville summary, 55.36.
264. As to State License Applications
265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)
Comment: Procedural due process and character hearings for bar applicants. 15 Stanford 500-17.
265.28. Willner v. Comm. on Character and Fitness. (U.S.S.C., #995.) (218 NYS.2d 597, 182 NE.2d 288, 183 NE.2d 86.) Facts: VIII DOCKET 19. May 13, 1963: U.S.S.C. (7-2) reversed, Douglas, J.: "where, as here, the Appellate Division has held no hearings of its own to determine an applicant's character, the role of the [Def.] Committee is more than that of a mere investigator.... Petitioner was clearly entitled to notice of and a hearing on the grounds for his rejection either before the Comm. or before the Appellate Division...." Goldberg, J. (Brennan and Stewart, JJ.) concur. Harlan, J. (Clark, J.) diss.
266. Through Deprivation of Right to Tax Exemption (see also 130, 202)
267. In Private Employment—Teaching (see also 24, 262, 281 and 342)
268. In Private Employment — Defense Establishments (see also 344)
And see Robels, 246.1.
268.1a. Graham v. Richmond. (CA DC.)*
268.7. Kreznar v. Wilson (DC DC.)*
268.18. Margolin v. U.S. (U.S. Ct. of Claims.)*
269. In Private Employment — Other

269.1. Faulk v. AWARE. (App. Div., N.Y. Sup. Ct., #708.)*
270. Criminal Penalties for Non-disclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)

271.9. U.S. v. Russell. (DC DC.)*
271.12. U.S. v. Gojack. (DC DC.)*
271.15. U.S. v. Shelton. (CA DC.)*
271.16. U.S. v. Whitman. (DC DC.)*
271.19. U.S. v. Price. (DC DC.)*
271.20. U.S. v. Liveright. (DC DC.) Facts. VIII DOCKET 21. Trial date: Nov. 11, 1963.
271.27. U.S. v. Hartman. (U.S.S.C.) Facts: VIII DOCKET 76, 100. Gov't filed appeal in CA 9, which ordered appeal certified to U.S.S.C. under 18 U.S.C. §3731. Sept. 16, 1963: Gov't. dropped appeal; case closed.
271.28. U.S. v. Grumman. (DC DC.)*
271.29. U.S. v. Silber. (DC DC.)*
271.33. Yellin v. U.S. (U.S.S.C.) Facts: VIII DOCKET 21. June 17, 1963: U.S.S.C. (5-4) reversed, Warren, C.J.: House Un-American Activities Comm. Rule IV re executive sessions
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(1) was written to protect witnesses, (2) requires Comm. to consider injury to witness' reputation in deciding for or against executive session, (3) requires Comm. to reply to witness' request for executive session, not staff director. HUAC here did not obey its rule. "Pet. has no traditional remedy, such as the writ of habeas corpus ... by which to redress the loss of ... rights. If the Comm. ignores his request for an executive session, it is highly improbable that Pet. could obtain an injuction against the Comm. that would protect him from public exposure. ... To answer the question put to him publicly and then seek redress is no answer. For one thing, his testimony will cause the injury he seeks to avoid; ... For another, he has no opportunity to recover in damages. ... Even the Fifth Amendment is not sufficient protection, since Pet. could say many things which would discredit him without subjecting himself to the risk of criminal prosecution. The only avenue open is that which Pet. actually took. He refused to testify. ... It is not too exacting to require that the Comm. be ... meticulous in obeying its own rules." White, J. (Clark, Harlan, Stewart, JJ.) diss.
271.34. U.S. v. Lehrer. (ND Ind.)*
271.35. U.S. v. Malis (ND Ind.)*
271.36. U.S. v. Samter. (ND Ind.)*
271.40. U.S. v. O'Connor. (ND N.J.)*
271.47. U.S. v. Tobin. (306 F.2d 270.) Facts: VIII DOCKET 21.

Case note: 31 Geo. Wash. 842-50.
272. Before State Committees (see also 204, 213, 332)
Book: Willard Uphaus, Commitment. McGraw-Hill, $4.95.
272.4a. In Matter of Investigation by Comm. on Offenses Against Administration of Justice. (Va. Sup. Ct. of App.)*
272.12. Jordan v. Hutcheson. (CA 4.)

Case Note: 111 U. Penn. 995-1000.
273. Before Legal and Administrative Tribunals (see also 333)
274. For Refusal to Produce Records
280. Civil Penalties for Non-disclosure
281. By Teachers (see also 24, 223, 262, 342)

281.1a. Baggett v. Bullitt. (formerly v. Odegaard). (U. of Washington.) (U.S.S.C., #220.)*
281.5b. Re Nash, et al (N.Y. Commr. of Educ.) Facts: VIII DOCKET 22. Commr. sustained decision of Bd. of Educ. dismissing 2, reinstating 4.
281.16. Macks v. Calif. Bd. of Educ. (Dist. Ct. of App.)*
282. By Others (see also 343, 344)
290. Penalties for False Disclosure
291. Under Taft-Hartley Oath (see also 203, 245)
292. On Government Security Questionnaires

292.2. Ogden v. U.S. (CA 9.) Facts: VIII DOCKET 23, 76. June 5, 1963: Argued and submitted.
293. In Miscellaneous Cases

293.3. Los Angeles Bd. of Educ. v. Sloat. (Los Angeles Super. Ct., #794678.)*
295. Right of Privacy

295.4. Hall v. Graybill. (Los Angeles Co. Super. Ct.)*
II. DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTEENTH AMENDMENTS) (300-499)

300. Searches and Seizures
Law review articles:

Lester B. Orfield, Privileges in federal criminal evidence. 40 U. of Det. 403-31.

Charles A. Reich, Midnight welfare searches and the Social Security Act. 72 Yale 1347-60.

Gene Haislip, Judicial reaction to evidence obtained by harsh and unusual means. 4 Wm. & Mary 1-18.

Comments:

Reaffirmation of confessions inadmissible under McNabb-Mallory. 72 Yale 1434-58.

Return and execution of warrants — use of trickery by federal officers. 8 S.D. 127-34.

Search and seizure in California: Consent. 3 S. Calif. 180-82.

Case notes:

Telecommunications officer conducting lawful search can impersonate "bookie" in answering telephone and testify as to conversation of gambler without violating Fourth Amendment or the Federal Communications Act. N.J. v. Carvone (183 A.2d 1, 1962), 1 Houston 43-46.

Clandestine police surveillance of public toilet booth held to be unreasonable search: Bielicki v. Superior Court (57 Cal.2d 602, 371 P.2d 288, 1962), 63 Columbia 955-61.

Search incident to arrest for misdemeanor not in presence of officer unreasonable, 27 Albany U. 295-300.

301. By Wiretapping
Law review article: Aubrey Gasque, Wiretapping: A history of fedl. legislation and Supreme Court decisions. 15 S.C. Univ. 593-623.
301.16. Washington v. Cory. (Wash. Sup. Ct.) Facts: VIII DOCKET 24. Wash. Sup. Ct. reversed conviction, ordered case dis-missed; held eavesdropping on attorney-client conference by police requires dismissal of prosecution.
301.20. U.S. v. Sen. Harris. (ED La., Baton Rouge Div., ##1422-1424.)*
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301.22. Dinan v. New York. (183 NE.2d 689.) Facts: VIII DOCKET 24.

Case note: 11 Kansas U. 563-65.
302. In Other Federal Criminal Cases
Law review article: Lester B. Orfield, Admission and exclusion of evidence in fedl. criminal cases. 41 Texas U. 617-62.
302.19. Hall v. Warden. (313 F.2d 483.) Facts: VIII DOCKET 46.

Case notes: 39 N. Dak. U. 360-62, 5 Ariz. U. 118-24.
302.22. U.S. v. Wallace (CA 5.)*
303. In Other State Criminal Cases
Comment: Search and seizure incident to traffic violations. 14 Hastings 459-64.
303.28. Massachusetts v. Dorius. (Mass. Sup. Jud. Ct.) Facts: VIII DOCKET 77. 1963: Sup. Jud. Ct. reversed conviction, ordered Def. discharged.
303.38. Kentucky v. Mitchell. (355 SW.2d 686.) Facts: VII DOCKET 111. Case note: 51 Ky. U. 566-69.
303.42. Ker v. California (U.S.S.C.) (15 Cal. Rprtr. 767.) Facts: VIII DOCKET 25. Je. 10, 1963: U.S.S.C. (5-4) affirmed, Clark, J.: "the demands of our fedl. system compel us to distinguish between evidence ... inadmissible because of our supervisory powers over fedl. cts. and ... inadmissable because prohibited by [U.S. Constitution]"; Defs.' arrests legal under state law; on examination by U.S.S.C., held search was incident to lawful arrest and method of entering home by stealth and without warning Defs. not offensive to fedl. standards. Harlan, J., conc. in result. Brennan, J. (Warren, C.J., Douglas, Goldberg, JJ.), diss.: "But where the conduct effecting an arrest so clearly transgresses those rights guaranteed by the Fourth Amendment as [here], we would surely reverse ... if this were a fedl. prosecution involving fedl. officers. Since ... Mapp has made the guarantees of the Fourteenth Amendment coextensive with those of the Fourth we should pronounce precisely the same judgment upon the conduct of these state officers."

Robert W. Stanley, Esq., 132 W. First, Los Angeles.
303.43. New York v. Randazzo. (NY Sup. Ct., 1st Jud Dist.)*
304. Suits for False Arrest, Police Brutality (see also 580 and 151)

304.1. Prof. Genovese v. N.Y.C. (N.Y. Co. Sup. Ct.)*
304.2. Hallowell v. N.Y.C. (NYC Comptroller, #155363.)*
304.3. Massey v. NYC Police Commr. (Queens Co. Ct.)*
304.4. Jackson v. City of New York. (NYC Comptroller.)*
304.5. Richichi v. Bielski. (Ill. Ct. of App.)*
304.6. Monroe v. Pape and City of Chicago. (ND Ill., E. Div., #596329.)*
304.7. Swanson v. McGuire, et al. (ND Ill., #57-C-1164.)*
304.8. Duble v. Brown and Chicago. (Cook Co. Super Ct., #60 S 19040.)*
304.8a. Duble v. Brown and Chicago. (ND Ill., E. Div., 61 C 1404.)*
304.9. Cedeno, et al v. Lichenstein. (ND Ill., #58-C-1712.)*
304.10. Gonzales v. Genl. Investigators Inc. (ND Ill., #60 C 1806.)*
304.11. Dean v. Smith and Chicago. (Cook Co. Cir. Ct., #58 C 12494.)*
304.12. Cunningham v. Stried and Rygiel. (Lake Co. Cir. Ct.)*
304.13. Wirin v. Hilden. (SD Calif.)*
304.14. Goldberger v. Lewis. (San Francisco Super. Ct.)*
304.16. Lucero v. Donovan, Carnover. (SD Calif.)*
304.17. Rev. Morris v. Capt. Ray. (CA 5.)*
304.18. Rev. Jones v. Teasley. (CA 5.) Facts: VIII DOCKET 27. Preliminary question of reduction of appeal bond from $37,500. pending.
304.19. Nesmith v. Alford. (MD Ala.) (318 F.2d 110.) Facts: VIII DOCKET 27, 102. Aug. 15, 1963: CA 4 denied Def.'s petition for rehearing.
304.20. Horn v. Baillie, Greenwood and U.S. Fid. & Guar. Co. (CA 9, #5319.)*
304.21. Ware v. Johnson. (MD Ga., Albany Div., #749.) Facts: VIII DOCKET 71, 102. Motion for new trial pending.

And see Anderson, 55.67, Rabinowitz, 55.68.
304.22. Brazier v. Cherry. (MD Ga., Americus Div., #475.)*
304.24. Harkins and Frankfort v. NYC. (Brooklyn Sup. Ct.)*
304.25. California v. Imbler; In re Imbler. (Calif. Sup. Ct., ##6699, 7212 Cr.)*
304.26. Green v. Azzam. (ED Mich., E. Div., #23224.)*
304.27. Duzynski v. Nosal. (CA 7, #14088.)*
304.28. Thomas v. McCain. (WD Va.) June 24, 1963: Pl.-Negro demonstrator testified in Corporation Ct. that Def.-Danville police chief and policeman beat her in parking lot between jail and municipal bldg., broke her nose. Jy. 5, 1963: Pl. sued for damages. Pending.
304.29. Antelope v. George. (DC Ida., N. Div.) (211 F. Supp. 657.) Aug. 6, 1961: Pl.-American Indian arrested without warrant, charged with breach of peace, never prosecuted. 1961: Pl. filed suit for damages under 42 U.S.C. 1983. Dec. 13, 1962: DC held for Pl.—$500 damages.
304.30. Williams v. Clinton. (WD Wash., N. Div., #5997-Civ.) Aug. 4, 1963: Pl.-Negro allegedly beaten by police officers at his home, arrested as drunk: acquitted. Aug. 9, 1963: Pl. filed suit against Def.-police officers, Mayor, seeking $40,000 damages. Pending.

Philip L. Burton, Esq., 917 Logan Bldg., Seattle, Wash.
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310. Indictment
311. Challenge to Composition of Grand Jury (see also 510s)

311.2. Beck v. Washington. (369 U.S. 541.) Facts: VII DOCKET 111. Case Note: 111 U. of Pa. 1000-05.
312. Attacks on Character of Evidence
Case Notes:

Use of planted informer to extract imcriminating admissions: U.S. v. LaVallee (206 F. Supp. 679, N.D.N.Y. 1962), 16 Okla. U. 188-91.

Waiver of right to claim denial of due process in cases involving perjured testimony: Illinois v. Lueck, 12 DePaul 308-13.

313. Charge of Entrapment
Comment: Illinois v. Toler (185 N.E.2d 874, 1962), 65 Va. U. 223-26.

Case Note: Fedl. gov't's. unexplained use of informers on contingent fee basis to produce evidence against specified persons as to crimes not yet committeed constitutes entrapment: Williamson v. U.S. (311 F.2d 441, 5th Cir. 1962), 49 Va. U. 2021-25.

314. Charge of Conspiracy
See Gibson, 59.31.
315. Inspection of Pre-Trial Statements of Government Witnesses
(Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.)

Case notes: Right of prosecution to pre-trial discovery: Jones v. Superior Court (372 P.2d 919). 61 Mich. U. 987-94, 15 Stanford 700-07.

316. Inspection of Grand Jury Minutes
Comment: 111 U. of Pa. 1154-96.
320. Double Jeopardy
321. In Federal Cases
322. In State Cases
330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270)
331. Before Congressional Committees
332. Before State Committees
333.</