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CIVIL LIBERTIES DOCKET
Vol. IX, No. 3
April, 1964
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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

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

MATERIAL ON U.S. SUPREME COURT:

Law review articles:

William O. Douglas, The Bill of Rights and the free society: An individual view. 13 Buffalo 1-7.

Arthur J. Goldberg, Government under law. 40 Chicago-Kent 1-6.

Tom C. Clark, Random thoughts on the Court's interpretation of individual rights. 1 Houston U. 75-87.

Samuel Krislov, Mr. Justice Black reopens the free speech debate. 11 U.C.L.A. 189-211.

Jerome Barron, Decision without power—the dilemma of the Supreme Court. 40 North Dakota 57-64.

Warren J. Madden, One Supreme Court and the writ of certiorari. 15 Hastings 153-160.

Henry M. Holland, Jr., Mr. Justice Cardozo and the New Deal court. 12 J. of P.L. 383-407.

Webster Myers, Jr., Cardozo and personal rights. 67 Dickinson 337-352.

Symposium: Mr. Justice Holmes—Some modern views. 31 Univ. of Chicago 213-278: Yosal Rogat, The judge as spectator; Francis A. Allen, Criminal law; Harry Kalven, Jr., Torts; Malcolm P. Sharp, Contracts.

GENERAL CONSTITUTIONAL MATERIAL:

Comments: Judicial performance in the fifth circuit. 73 Yale 90-133.

Constitutional law—criminal law—habeas corpus—the 1963 trilogy. 42 North Carolina Univ. 352-373.

The three-judge district court: Scope and procedure under section 2281. 77 Harvard 299-317.

Address: James B. Parsons, Our number one domestic problem. 40 Chi-Kent 15-21.

Law review articles: John P. Roche, Civil liberty in the age of enterprise. 31 Univ. of Chicago 103-135.

Robert H. Hall, Improving the administration of justice. 12 J. of P.L. 376-382.

Gerald Gunther, The subtle vices of the "passive virtues": A comment on principle and expediency in judicial review. 64 Columbia 1-25.

John E. Crow, Subterranean politics: A judge is chosen. 12 J. of P.L. 275-289.

Fu-shun Lin, Self-defense—a permissible use of force under the U.N. charter. 13 De Paul 43-72.

F. B. Fingland, Recent constitutional developments in the Yukon and the Northwest Territories. 15 Univ. of Toronto 299-316.

Comments: Constitutional law—case or controversy—dismissal for mootness. 41 North Carolina Univ. 847-853.

Reflections on the judicial process, 35 Mississippi Univ. 62-67.

GENERAL ADMINISTRATIVE MATERIAL

Law review articles: Louis L. Jaffe, Suits against governments and officers: Damage actions. 77 Harvard 209-239.

Morgan D. Dowd, The courts as a restraint on administrative power: A comparative study in constitutional theory. 40 U. of Det. 597-616.

Harold Weintraub, Statutory procedures governing judicial review of admiinstrative action: From state writs to article 78 of the civil practice law and rules. 38 St. John's 86-126.

Comment: Presidential power: Use and enforcement of executive orders. 39 Notre Dame 44-55.

Movie: Daniel Talbot and Emile de Antonio, Point of order. 97 min.-excerpts from 1954 Army—McCarthy hearings.

Book: Upton Sinclair, ed, The cry for justice. 1916 coll. updated. 640 pp. Lyle Stuart. $10.

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99)
See also Association (200-299)

Annual Reports:

ACLU, To secure: To use: these rights. 1963. 96 pp. ACLU, 156 Fifth Ave., NYC.

N. Calif. CLU Report, 1960-63. 48 pp. 503 Market St., San Francisco.

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

11.15. Fields v. City of Fairfield, Ala. (U.S.S.C., #30.) Facts: VIII DOCKET 69, 91. Dec. 16, 1963: U.S.S.C., per curiam, reversed decision enjoining Pls. from distributing handbills or holding meeting without permit, citing Thompson v. Louisville, 312.21, 362 U.S. 199; Garner v. La., 552.La.1, 368 U.S. 157.
11.16. Tennessee v. Weinberger. (Brownsville.) (Haywood Co. Ct.)*
- 36 -

11.17. Forbes v. Redondo Beach City Council (Super. Ct.) Def. denied American Nazi Party speaker use of public park for meeting. Super. Ct. issued injunction allowing Def. to hold meeting on posting $1,000 corporate bond and filing affidavit that speech would not tend to incite to riot.
12. Of Motion Pictures (see also 52)
13. Of Peddlers

13.2. City of Indianola v. Defs. (Indianola, Miss.) (City Ct.)*
14. Of Books, Magazines (see also 52)

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.)*
14.12. Arnebergh v. Zeitlin. (U.S.S.C., #584.) (27 Cal. Rptr. 320.) Facts: VIII DOCKET 2, 69, 121. Dec. 10, 1963: U.S.S.C. denied cert.
14.13. Florida ex rel. Gerstein v. Grove Press (U.S.S.C.)*
14.15. Larkin v. G. P. Putnam's Sons. (NY Ct. of App.) Facts: VIII DOCKET 121. App. Div. (3-2) reversed Sup. Ct. decision for Def. Apr. 1, 1964: Def's. appeal argued.
14.16. Tralins v. Gerstein. (U.S.S.C., #246.)*
14.18. The National Insider, Inc. v. Chicago Transit Authority. (ND Ill., E. Div., #64 C 33) Jan. 8, 1964: Pls.-publisher and distributor of newspaper, sued to enjoin Def. from ordering news dealers to withhold Pls'. publication from newsstands in def's. bldgs., and for $600,000 general and punitive damages. Case settled: Def. agreed to permit sale of Pls'. publication; dismissed by stipulation.
15. Of Miscellaneous Activities

15.5. F.C.C. v. Palmetto Broadcasting Co., S.C. (CA DA.) Facts: VIII DOCKET 121. Mar. 1964: CA upheld FCC on nonconstitutional ground.
15.6. City of Baltimore v. Moore, Henderson. (Crim. Ct.)*
15.7. Coleman v. City of Torrance, Calif. (Super Ct.)*

And see 58.8 and 533.63.
15.8. California v. Canon. (Cal. Dist. Ct. App., 3d Dist.) 1962: Def. distributed anonymous letter in support of local political candidate. 1963: Def. prosecuted under Cal. Elections Code §12047 (misdemeanor to publish anonymous campaign material); prosecuting witness was opponent of Def's. candidate. Justice Ct. denied Def's. motion to dismiss. Super. Ct. aff'd. Jan. 9, 1964: Dist. Ct. of App. reversed; held statute "denies the spokesman the anonymity which protects him in the utterance of truth and legitimate criticism," and acts as prior restraint on free speech and press.

Case note: Use of sound trucks on public streets: Wollam v. City of Palm Springs (370 P.2d 481, Calif. 1963) 49 Iowa Univ. 567-74.
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster

22.15. Heilberg v. Fixa. (ND Calif.)*
22.16. Amlin v. Postmaster General. (SD Calif., #63-635-PH.)*
22.17. McReynolds v. Christenberry. (SD NY.) Pl. sued for declaratory judgment and 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. requested.

Melvin L. Wulf, Esq., ACLU, 156 Fifth Ave., NYC.
23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281 and 342)
Law review article: Daniel M. Pollitt, Campus censorship: Statutes barring speakers from state educational institutions. 42 N.C. Univ. 179-199.

Comment: The constitutional rights of college students. 42 Texas U. 344-363.

See Henry, 571.14.


24.20. Koch v. Bd. of Trustees, U. of Illinois. (U.S.S.C., #670 Misc.) (187 NE.2d 340.) Facts: VIII DOCKET 9, 92, 122. Jan. 13, 1964: U.S.S.C. denied petition for cert.
24.21. Egan v. Moore, Trs. of State Univ. of state of New York. (App. Div., 3d Dept., #61 43.) Facts: VIII DOCKET 3. Dec. 28, 1963: App. Div. reversed, ordered dismissal of injunction proceeding: 1) New York's statutory scheme re Communist Party activities is not equivalent to legislative ban on Communist spokesman's appearance at state Univ.; 2) this interpretation commends itself because "the tradition of our great society has been to allow our universities in the name of academic freedom to explore and expose their students to controversial issues without gov't. interference."
24.25. Byrd v. Gary. (ED S.C.)*
24.26. Ritter v. Matthews, Trs. (N. Texas State U.) (ED Tex., Sherman Div., #1525.)*
24.27. Wilkinson and Schwartz v. Bd. of Trs., Ohio State Univ. (SD Ohio, E. Div., #6611.) Facts: VIII DOCKET 122. Apr. 7, 1964: Pls. filed petition for writ of mandamus in U.S.S.C. to require DC to act on application for 3-judge ct. Apr. 10: DC denied 3-judge ct. Pls'. amended mandamus petition for granting 3-judge ct. pending in U.S.S.C.
24.29. Re Gordon Lish. (San Mateo Union High School Dist. Bd. of Trs.)*
24.30. Morial v. Orleans Parish School Bd. (ED La.)*
24.31. Finot v. Pasadena Bd. of Educ. (Los Angeles Super Ct., #827326.) Facts: IX DOCKET 2. Super. Ct. denied writ of mandate.
24.32. Woods v. Wright (Birmingham.) (ND Ala., S. Div., #63249.)*
- 37 -

24.33. Re Gloria Rackley. (Orangeburg, S.C. School Bd.) Oct. 1963: Pet.-Negro teacher, Pl. in 554.SC.1, participated in civil rights demonstrations; 1,400 arrested. Oct. 7: Pet. discharged for participation; Pet. arrested for using white restroom in courthouse while awaiting Juvenile Ct. hearing of daughter. Oct. 10: Picket line at school protesting Pet's. dismissal; teachers and students stayed outside; many arrests.
25. On Miscellaneous Activities

25.10. Smith v. Cremins. (SD Cal., #53-61-WB.) Facts: VIII DOCKET 3. Case settled; Defs. paid nominal damages.
25.11. Belshaw v. City of Berkeley, (formerly In re Claude Belshaw.) (Alameda Co. Super. Ct.) Facts: VIII DOCKET 122. Bd. (3-1) sustained suspension. Feb. 1964: Pl. filed for writ of mandate in Super. Ct. to compel Def. to reinstate him. Pending.
25.12. Forstner v. Personnel Bd. (San Francisco Super. Ct.) Oct. 1963: Pl.-Youth Guidance Officer suspended from duty for growing beard after starting work, refusing to shave; fired. Jan. 9, 1964: Def.-Bd. affirmed firing. Pl's. writ of mandate to compel reinstatement pending.

Marshall Krause, Esq., for ACLU, 503 Market St., San Francisco.
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.) Facts: VIII DOCKET 4. No action filed. Matter closed.
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.) Facts: VIII DOCKET 4. New trial date: Jan. 4, 1965.
30.14. Fort v. Co. of Alameda. (California) (Dist. Ct. of App. 1st Dist., Div. 1, #2168.)*
40. Contempt (see also 63)
41. Of Federal Courts
42. Of State Courts

42.11. Louisiana v. Defs. (19th Jud. Dist. E. Baton Rouge Parish.)*
42.12. Re Dawley and Holt. (Va. Sup. Ct.)*
42.13. Re Selby and Taylor. (Pa. Sup. Ct.) Facts: VIII DOCKET 92, 122. Cite: 193 A.2d 181. Case note: 112 U. of Pa. 438-44.
42.17. Ex parte Mary Hamilton. (U.S.S.C.) Facts: IX DOCKET 3. Mar. 28, 1964: USSC (5-4) granted cert., reversed per curiam. Black, J., concurred separately on ground contempt citation vague and uncertain. Clark, Harlan, and White, JJ., diss.

Case notes: Refusal to answer question following punishment for contempt for earlier, identical refusal in same proceeding is ground for similar punishment: In the matter of the Second Additional Grand Jury v. Cirillo (12 N.Y. 2d 206, 188 N.E.2d 138, 1963) 39 Notre Dame 231-236.

The questionable existence of inherent contempt power: New Hampshire v. Moquin (191 A.2d 541, N.H. 1963.) 13 De Paul 151-158.
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. Helgason, Storey v. Davis. (Cook Co. Super. Ct., #60 S 9228.) Facts: VIII DOCKET 5. Feb. 28, 1964: After trial, judgment for Pls., each awarded $250 damages.

And see cases at 304.
51.19. South Carolina v. Carras, Stradley. (Sumter Muni. Ct.)*
51.25. Rev. Cox v. Louisiana. (Baton Rouge.) (U.S.S.C., #735.) Facts: VIII DOCKET 5, 122, IX DOCKET 3. Issues in U.S.S.C.: (1) Is La. breach of peace statute void for vagueness; (2) do breach of peace and obstruction of sidewalk statutes, as applied, violate Def's. First and Fourteenth Amendment rights; (3) was Def.-CORE officer denied due process and equal protection by being tried in segregated courtroom? Pending.

And see Cox, 51.25a, 53.5.
51.25a. Louisiana v. Rev. Cox. (Baton Rouge.) (La. Sup. Ct.)*
51.27. South Carolina v. Randolph. (Sumter.) (Sumter Co. Cir. Ct.)*
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.) (City Police Ct.) Facts: VIII DOCKET 70. Appeal pending in Leflore Co. Ct.

Carsie A. Hall, Esq., 115½ N. Farish St., L. H. Rosenthal, Esq., Suite 1, 221 N. President St., both of Jackson, Miss.
51.41. New York v. 15 Defs. (Rochester Co. Ct.)*
51.42. New York v. 8 Defs. (Manhattan Supr. Ct.)*
51.43. New York v. Blackmon, Beebe and Hicks. (Manhattan Crim. Ct.)*
51.44. City of Plaquemine, La. v. Farmer. (Crim. Dist. Ct.) Facts: IX DOCKET 3. Appeal pending.
51.45. Alabama v. 200 Defs. (Selma.) (Selma Recorder's Ct., Dallas Co. Ct.)*

And see 56.12, and other peace bond cases at 59.
51.46. Louisiana v. I. S. Daniel and 85 Defs. (New Orleans.) (Crim. Ct.)*

Augustine and Smith, Esqs., 1400 N. Clarborne St., New Orleans.
- 38 -

51.47. District of Columbia v. Am. Nazi Party. (D.C. Muni. Ct.)*
51.48. Tennessee v. Gustafson. (Blount Co. Genl. Sessions Ct., Juvenile Ct., ##36761-36770.)*
51.49. Pennsylvania v. 100 Defs. (Chester Police Ct.) Apr. 3, 1964: Defs. in sit-down demonstration in front of police station, arrested: unlawful assembly, affray, disorderly conduct, resisting arrest. April 4: At 3:00 A.M., Defs. convicted by Magistrate. April 5: After a series of technical objections, Magis. released Defs. on total of $130,000 bail. Appeals pending.
51.50. Pennsylvania v. Dotort. (Ct. of Quarter Sess., Phila. Co., #759) Sept. 20, 1963: Defs. conducted orderly, quiet sit-in office of city officials, protesting policy on relocating residents of substandard housing. After 5 p.m., Defs. refused to leave, arrested. Oct. 1963: After trial, Defs. convicted of disorderly conduct (18 P.S. 4406); breach of peace charges dismissed. Appeal pending. Issues: 1) Does construction of statute require finding that Defs. disturbed a resident of the locality, annoyed a member of travelling public, or disturbed the peace? 2) Does conviction infringe First Amendment freedoms, as defined in Edwards, 372 U.S. 229, and Terminello, 337 U.S. 1?

William Lee Akers, Esq., Harry Lore, Esq., Suite 400, The Wellington, 19th & Walnut Sts., Philadelphia.
51.51. City of Newark v. Gibson and Wims. (Newark Muni. Ct., ##57574, 57575.) July 3, 1963: Def.-CORE members arrested during protest at high school construction site against alleged discrimination by building trades unions in hiring. Nov. 27, 1963: Defs. convicted of creating a disturbance (City Ord. 20:3); $50. or 10 days.

William Rossmoore, Esq., 60 Park Pl., Newark, N.J.
51.52. New York v. Stauble. (Yonkers City Ct.) Dec. 15, 1962: 8 Defs. inserted cards in merchandise at S. Klein store describing goods as communist-made, chanted "Klein's is Communist"; crowd of 300 gathered. Def. also allegedly swore at police officer. Jan. 8 1964: Def. convicted of disorderly conduct. Other cases arising from same incident pending. Def's. appeal pending.

Alfred Skidmore, Esq., Hicksville, Long Island, N.Y.
51.53. California v. Huss, Krauss, McLaughlin, Holstein, Reeves. (Los Angeles) (L.A. Co. Super. Ct., #274332.) 1963: Defs.-Nazis arrested for creating disturbance at "Salute to Israel" rally. Nov. 11: All Defs. convicted of conspiracy to riot; 4 of felonious assault. Jan. 2, 1964: Sentences: 1-10 yrs. down to 10 mths. Appeals pending.

A. L. Wirin, ACLU, 323 W. Fifth St., Los Angeles.
51.54. Maryland v. Frankhouser. (Riverside Park.) (Muni. Ct.) 1963: Def. making anti-integration speech; arrested: disorderly conduct, making speech without permit. Def. convicted; 30 days and $50. Appeal pending.
51.55. Mississippi v. Stoner. (Hattiesburg Justice Ct.) (SD Miss.) Feb. 5, 1964: Def.-SNCC worker went to Hattiesburg jail to visit fellow-SNCC worker; told to leave, refused, jailed: breach of peace, resisting arrest, profanity, contempt of court. Feb. 6: Def. tried by Justice of Peace in his locked cell: 2 Forrest Co. Dep. She riffs assigned as Def's. "counsel", refused to raise constitutional objections; Def. dismissed them, stood mute, convicted: 60 days and $376. April 10: Def. filed, through 2 out-of-state attorneys, petition for habeas corpus, for leave to proceed in forma pauperis, for waiver of DC rule of court requiring out of state attys. to associate with Mississippi counsel. Pending.

George W. Crockett, Esq., 3220 Cadillac Tower, Detroit; Benjamin E. Smith, Esq., 1006 Baronne Bldg., New Orleans.

And see cases at 56.
52. Against Obscenity (see also 12, 14)
Law review article: Erwin A. Elias, Obscenity: The law, a dissenting voice. 15 Baylor 1—38.

Comment: Obscenity in the mails: Post office department procedures and the first amendment, 58 Northwestern 664-684.


52.31. Bantam Books v. Sullivan. (U.S.S.C.) Facts: VIII DOCKET 5, 71. Cite: 372 U.S. 58.

Case note: 9 N.Y.L.F. 385-90.
52.33. California v. Aday. (Dist. Ct. of App.)*
52.34. New York v. Mishkin. (N.Y. Ct. of App.)*
52.35a. G.I. Distributors, Inc. v. Murphy. (ED N.Y.)*
52.40. Massachusetts v. Interstate News Dealer Supply Co. (Mass. Sup. Jud. Ct.) Facts: VIII DOCKET 6, 123. Addition: Reversal was based on Mapp, 52.25, and Marcus, 52.30, illegal search and seizure.
52.44. California v. Bradley Smith (U.S.S.C., #72.) Facts: VIII DOCKET 6, 93, 123. Dec. 16, 1963: U.S.S.C., per curiam, vacated and remanded in light of Zeitlin v. Arnebergh, 14.12. In remand, Los Angeles Co. Super Co., App. Dept. reversed conviction; case dismissed.
52.48. Connecticut v. Huntington. (Conn. Sup. Ct. of Errors, #5454.)*
52.53. Whitney v. San Francisco Municipal Court. (Calif. Sup. Ct., SF #21120.)*
52.55. Chicago v. Russell, Compton. (Cook Co. Cir. Ct.)*
52.56. U.S. v. Ginzburg. (CA 3.) Facts: VIII DOCKET 93-4. Def.-author: 5 yrs. and $28,000; 3 Def.-publishers: $14,000. Appeal pending.
52.57. Chicago v. Bruce. (Chicago Muni. Ct.) Facts: VIII DOCKET 94.*

W. Robert Ming, Jr., Esq., 123 Madison St.; Maurice Rosenfield, Esq., 208 S. LaSalle St.; Harry Kalven, Jr., Univ. of Chicago Law School, all of Chicago.
52.60. City of Chicago v. Kroch's and Brentano's. (Chicago Muni. Ct., #63 MC 167714.) Facts: IX DOCKET 4. Complaint dismissed by agreement.
52.61. New York v. G. P. Putnam Sons. Error: This is same case as 14.15.
52.62. New York v. Weisfeld and Downs. (NY Co. Sup. Ct., App. Term.) Facts: IX DOCKET 4. Def.-bookstore operator: 30
- 39 -

days and $500.; Def.-bookstore clerk: 10 days. Appeal pending.
52.63. California v. Ernie Smith. (L.A. Super. Ct., App. Dept., #Cr. A 5214.) 1962: Def.-artist convicted in Muni. Ct. under L.A. city ordinance prohibiting display of pictures of female breasts, or male or female public area so that they could be seen from sidewalk. Jan. 7, 1963: Super. Ct., App. Dept. reversed: state laws on obscenity have preempted local ordinances; case closed.

Hugh Manes, Esq., 1680 N. Vine St., Hollywood.
52.64. U.S. v. Leigh (San Francisco.) (ND Calif.) 1963: Def.-author, researching for book on "wife-swapping," wrote letters to married couples signed with fictitious name. 1964: Def. indicted for sending obscene letters. Pending.

Richard Gladstein, Esq., 240 Montgomery St., San Francisco.
52.65. U.S. v. Walker. (ED S.C., Cr. #23,178.) Apr. 25, 1960: Def.-disc jockey broadcast allegedly obscene language in radio program. Dec. 5, 1963: Def. convicted in jury trial. Appeal pending.

LaNue Floyd, Esq., Kingstree, South Carolina.
52.66. U.S. v. 18 Packages of Magazines. (ND Calif., S. Div.) Nov. 1963: U.S. brought libel action to forfeit and destroy imported nudist magazines on ground each package contained at least one obscene magazine. Dec. 4, 1963: DC ruled 19 U.S.C. §1305 does not allow forfeiture of nonobscene material packaged with obscene material ("rotten apple" theory), ordered 10,000 magazines released. U.S. appealed to CA 9, but dismissed appeal by stipulation. Trial pending on obscenity of remaining magazines.

Marshall Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.
52.67. Michigan v. Dakota. (Genesee Co. Circuit Ct., #19637.) Def.-bookseller prosecuted under state obscenity statute after state officials searched his place of business on warrant, padlocked his store. Apr. 1964: Circ. Ct. quashed search warrant, ordered seized merchandise returned, dismissed charges: (1) warrant ordering officers to search and seize books "which would create and excite improper thoughts in the minds of the average people in the community" is unconstitutionally vague; (2) magazines legally seized not hard core pornography; (3) conduct of state officials in closing Def.'s business was intimidation; power to close a business reserved to judiciary on proper hearing.

Ronald Joseph, Esq.

Case notes: Standard for suppression of "filthy" material distinct from that for obscenity: U.S. v. Darnell (316 F.2d 813, CA 2, 1963) 49 Iowa Univ. 552-60, 16 Stanford 463-69.

New York v. Fritch. (192 NE.2d 713.) 9 N.Y.L.F. 371-84.
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, ##47018, 47019.)*

Symposium: Group Defamation. 13 Cleveland-Marshall 1-117. Tom C. Clark, The problem of group defamation; Thomas H. Kuchel, The fright peddlers; James Jay Brown and Carl L. Stern, Group defamation in the U.S.A.; David R. Fryer, In England; Manfred Zuleeg, In West Germany; Jean Peytel, In France; W. H. Bijleveld, In the Netherlands; Richard J. Quigg, Defenses to group defamation actions.
54. Against Sedition, Criminal Anarchy (see also 241-44)

54.2. Louisiana v. Goldfinch. (New Orleans.) (Orleans Parish Ct.)*
54.3. Diamond v. Louisiana. (U.S.S.C., #100.) Facts: VIII DOCKET 7, 71, 124. Feb. 24, 1964: U.S.S.C. dismissed writ of certiorari as improvidently granted.
54.6. George v. Perdew, Harris, Allen. (Americus.) Facts: VIII DOCKET 124, IX DOCKET 4 at 54. 7a. Dec. 10, 1963: Def.-Allen convicted of assault with intent to commit murder; 2 yrs. Appeal pending. Other Defs. await trial.
54.7. Georgia v. Aelony. (Americus.)*

See 54.7a.
54.7a. Aelony v. Pace, Ga. Solicitor Genl.; Dir., Dept. of Public Safety; Mayor and City Council and City of Americus; Sumter Co. Sheriff. (MD Ga., #530.1963.) Facts: IX DOCKET 4. Mar. 1964: DC granted preliminary injunction against prosecution of other charges. Pending.
57.8. Louisiana v. Bell. (Clinton.) (20th Jud. Dist. Ct., B4281, B4283-B4293.) Sept. 19, 1963: Defs.-12 CORE members, sent letter to Clinton officials asking that biracial committee be appointed, composed of Negro leaders and local officials, to "avoid racial tension". Dec. 3: Defs. indicted for "conspiracy to commit public intimidation" (L.S.A.-R.S. §14:122). Defs'. motions to set aside jury venire, and dismiss indictment pending.

Collins, Douglas, and Elie, Esqs., 2211 Dryades St., New Orleans.
55. Against Picketing, Leafleting, 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.)*
55.18. Alabama v. Dr. McNair. (Talladega Recorder's Ct., #3165 closed; Cir. Ct.)*

And see Alabama v. Gray, 63.2.
55.19. Moore v. Louisiana. (U.S.S.C., #734.) Facts: VIII DOCKET 7, 94, IX DOCKET 5. One issue on appeal: Trial Ct's. overruling of motion to desegregate courtroom as reversible error. Feb. 17, 1964: U.S.S.C. denied certiorari.
55.25. Jackson v. Allen. (Co. Ct., 1st Jud. Dist., Hinds Co., Miss., #21.)*
55.26. North Carolina v. Frinks. (Chowan Co. Super. Ct.)*
- 40 -

55.28. Illinois v. Tranquilli, Thomas, J. Lewis, Bridges. (Cairo.) (Justice of Peace Ct., Alexander Co. Ct.) Facts: VIII DOCKET 8. Defs'. requests for separate trials de novo on appeal pending.
55.32. Crawford, Mitchell, Poole, Salter v. Mississippi. (CA 5.)*
55.34a. Barnes v. CORE. (Butte Co. Super. Ct., Calif., #40296.)*
55.35. Baines v. City of Danville. McGhee v. City of Danville. (CA 4, ##9080, 9082.)*

Amicus brief for ACLU by Peter Weiss, Esq., NYC., Fred Weisgal, Esq., Baltimore, and Melvin L. Wulf, Esq., 156 5th Ave., NYC.
55.36. Chase v. McCain. Chase v. Aiken. (CA 4, ##9081, 9082.)*

SOUTHWEST GEORGIA CASES—ALBANY, AMERICUS, FITZGERALD:
55.37-55.66. All cases pending. See 55.78.
55.67. U.S. v. Anderson. (MD Ga., Albany Div.)*

And see Rabinowitz, 55.68.
55.68. U.S. v. Rabinowitz. (CA 5.)*

And see Anderson, 55.67.
55.69. New Jersey v. Whipper. (Elizabeth.) (Union Co. Ct.)*
55.70. New York City v. Defs. *

And see Gaynor, 573.4a.
55.71. Wisconsin v. 3 Defs. (Milwaukee.) (Milwaukee Co. Ct.)*
55.72. Alabama v. 10 Defs. (Selma.) (Crim. Ct.)*
55.74. Georgia v. Havice. (Macon.) (Macon Co. Ct.)*
55.73. Georgia v. Tuttle, Jr. (Savannah.) (Chatham Co. Ct.)*
55.76. City of Chicago v. Barney, Gregory. (Crim. Ct.) Facts: IX DOCKET 5. By stipulation, of 100 Defs. charged on 350 counts, 4 found guilty; $25 fines paid; 16 found guilty; fines suspended; all other charges dismissed.
55.77. Alabama v. 2,500 Defs. (Birmingham.) (Jefferson Co. Cir. Ct.)*

And see 55.77a, 63.7, 63.7a.
55.77a. Birmingham v. Croskey. (ND Ala., S. Div., #63-143 Cr.)*
55.78. Georgia v. 24 CNV A Members. (Albany.) Dec. 1963-Jan. 23, 1964: Def.-peace walkers, in repeated efforts to walk, as integrated group, through populous section of city, arrested: disorderly conduct. Feb. 22: Defs. released after agreement with city officials on route through city. (Defs. previously arrested in Lawrenceville, Griffin, Macon, Ga.)
56. Against and Concerning Minors (see also 430)

56.10. White and Cromwell v. Maryland. (Cambridge.) (Md. Ct. of App.) Facts: IX DOCKET 6. Correction: Ct. of App., reversing, released Defs. on condition they not participate in further demonstrations. Def's. motion to set aside conditions pending.
56.11. Singleton and Anderson v. Davis and Walters. (St. Augustine, Fla.) (St. Johns Co. Cir. Ct.)*
56.12. Alabama v. Defs. (Selma.) (Dallas Co. Juv. Ct.)*
56.13. City of Americus v. 32 Defs. (Sumter Co., Ga.) (Crim. Ct.)*

And see Gustafson, 51.48.
57. Against Vagrancy

57.3. Louisiana v. Trumpower. (E. Baton Rouge Crim. Dist. Ct.)*
57.4. Georgia v. Sherrod and Allerz. (Dawson.)*
57.5. Mississippi v. Rev. A. Jones. (Jackson.) (Hinds Co. Ct.)*

And see Jones, 58.12, 58.13, 401.7.
57.9. California v. Sandness, Hill. (San Francisco Super. Ct., App. Dept.) Facts: VIII DOCKET 127. March 1964: Ct. reversed (2-1) Muni. Ct. sustaining of demurrer, certified case to Dist. Ct. of App. Pending.
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, Livington. (Kent Co. Ct. of Com. Pleas.)*
58.3. Alabama v. Zellner. (Talladega.) (Ala. Sup. Ct.)*

And see 63.2.
58.4. Maryland v. Grubb. (Cambridge.)*
58.6. Alabama v. Student Defs. (Huntsville.) (Ala. Ct. of App.)*
58.7. Ohio v. Schlesinger. (Xenia.) (Greene Co. Com. Pleas Ct., ##9850-9866.) Facts: IX DOCKET 6. After conviction in Co. Ct., appeal argued in Com. Pleas Ct. Issue: Whether, in a state with a Public Accommodations Act providing remedies for its violation, persons refused service because of color can stage a sit-in to enforce their rights. Pending.
58.8. California v. Defs. (Torrance.) (Muni. Ct.) Facts: IX DOCKET 6. Remaining charges dismissed.

And see Coleman, 15.7, and 533.63.
58.9. New York v. 7 Defs. (NYC.) (Crim. Ct.)*
58.12. Georgia v. Rev. A. Jones. (Fulton Co. Super. Ct.) June 30, 1963: White Calif. minister, 67, and 3 Negro and white youths attempted to enter Atlanta First Baptist Church on integrated basis; refused admittance; police called; arrested: disturbing divine worship (1792 act). Defense counsel moved to disqualify Judge Pye; motion denied, counsel charged with contempt. Def. convicted; 18 mths. (part at hard labor) and $1,000. Appeal argued in Ga. Sup. Ct.; pending.

And see Jones v. Grimes, 401.7, on related bail problems.

Donald L. Hollowell and Howard Moore, Esqs., 859½ Hunter St. NW, Atlanta.
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58.13. Georgia v. Rev. A. Jones, et al. (ND Ga.) Fall 1963: 57 Defs., whites and Negroes, attempted to integrate restaurant; arrested: trespass. Some tried in Fulton Co. Super. Ct.; convicted; 18 mths. and $1,000.; (appeal bond: $15,000.) All cases removed to fedl. DC. Pending.

Donald L. Hollowell, Esq., 859½ Hunter St. NW., Atlanta.
58.14. U.S. v. Hobson and Kessler (Dist. of Col. Ct. of Gen. Sess., Crim. #7255-63) Sept. 6, 1963; Defs.-CORE officials attempted to register at (private) Benj. Franklin Univ. School of Accounting; refused to leave; arrested: trespass (D.C. Code Tit. 22 §3102). Dec. 16, 1963: Ct. granted Defs'. motions for judgments of acquittal at close of Govt.'s case: material variance between information and proof.

Scupi and Witt, Esqs., 600 F St. NW, Washington, D.C.
58.14a. U.S. v. Goff and Goodwin. (Dist. of Col. Ct. of Gen. Sess., Crim. ##6740-63, 6741-63) Aug. 22, 1963: Defs.-CORE members arrested on same facts as 58.14. Mar. 27, 1964: Jury found Defs. not guilty of trespass.

Scupi and Witt, Esqs., 600 F St. NW, Washington, D.C.
58.14b. U.S. v. Whittlesey. (Dist. of Col. Ct. of Gen. Sess., Crim. #9415-63) Nov. 8, 1963: 8 Defs., including two clergymen, arrested for refusing to leave school lobby (see 58.14) until school officials agreed to discuss discrimination. Mar. 18, 1964: Jury found Defs. guilty. Defs'. motions for new trial or acquittal pending. Issue: State action in aid of private discrimination, relying on Shelley v. Kraemer.

Scupi and Witt, Esqs., 600 F St. NW, Washington, D.C.

SAN FRANCISCO CASES:
58.15. California v. Hallinan. (San Francisco Muni. Ct., #H 65768, J 65805 - H 65826.) Nov. 2-3, 1963: Negro and white youth (Ad Hoc Comm. To End Discrimination) satin at Mel's Drive-In to protest discriminatory hiring practices; 59 arrested: trespass (Pen. C. §602) and disturbing the peace (Pen. C. §415). Contract signed between Mel's chain and Ad Hoc Comm.; some Negro carhops, bartenders hired immediately. Defs'. demurrer filed, pending decision of U.S.S.C. in Griffin, 551.Md.1, VIII DOCKET 59.
58.16. California v. Bradley, Gregory. (San Francisco Muni. Ct., ##J 14447, 14140.) Feb., 1964: Hundreds peacefully picketed Sheraton-Palace Hotel to protest discriminatory hiring practices; no arrests. Injunction issued (63.16). Mar. 1: Picketing outside Hotel, 88 arrested: resisting arrest (Pen. C. §148). Mar. 2: Criminal contempt charges filed (Pen. C. §§166.4, 166.5). Defs. filed motion to dismiss or for indefinite continuance because newspaper accounts of statements of state and city officials condemning pickets made fair trial impossible; no ruling. Apr. 3: Ct. dismissed contempt charges because restraining order (63.16) void (under C. of Civ. Proc. §527.) Other charges pending.

And see 63.16.
58.17. California v. Sims. (San Francisco Muni. Ct., ##J 15591, 15602-15701.) Mar. 6-7, 1964: Thousands demonstrated in front of Sheraton-Palace Hotel and in lobby, slept-in; negotiations in progress between S.F. Hotel Assn., United Freedom Movement and Ad Hoc Comm. Mar. 7: When hotel refused to sign, some pickets sat down, locked arms next to main entrance; 171 arrested (9 juveniles): disturbing the peace (Pen. C. §415); other pickets remained. Agreement signed. Defs. demurrer that statutes unconstitutionally applied to civil rights demonstrations denied; motion for dismissal or indefinite continuance because publicity made fair trial impossible denied; motion to disqualify 2 judges denied on procedural grounds (Civil Proc. C. §§170, 446, 2015.5) and despite judge's alleged statement that predominantly Negro Fillmore district "not a safe place to go" and use of "n----r" to describe Negro Def. in conversation. Defs. being tried in groups of 10.

And see 401.10.
58.18. California v. Burbridge. (San Francisco Muni. Ct., #J 24265.) Mar. 16, 1964: Thousands of whites and Negroes picketed outside, sat-in at Cadillac showroom protesting discriminatory hiring practices, allegedly refused to leave when ordered by police, 107 arrested: trespassing (Pen. C. §602), disturbing the peace (Pen. C. §415), unlawful assembly (Pen. C. (§407), present at place of riot when ordered to disperse (§409). Agreement signed between S.F. Motor Car Dealers Assn. and NAACP. All defense motions (see 58.17) denied: trials in groups of 10. April 13: 226 arrested; pending.

Counsel in San Francisco cases: Terry A. Francois and Willie Brown, Esqs., 2085 Sutter St.; John E. Dearman, Esq., 683 McAllister St.; Garfield Steward, Esq., 2006 Sutter St.; Joseph Williams, Esq., 995 Market St.; Beverly Axelrod, Richard Werthimer, Vincent Hallinan, Patrick S. Hallinan, Esqs., all of 345 Franklin St.; Francis McTernan, Esq., 341 Market St.; Allan Brotsky, Esq., 45 Polk St.; Jerrold E. Levitin, Esq., Penthouse, Whitcomb Hotel; Joseph Filippeli, Esq., 1606 Stockton St.; Norman Leonard, Esq., 240 Montgomery, all of San Francisco; Malcolm Burnstein, Esq., 1440 Broadway, Oakland; Alexander P. Hoffman, Esq., 1166 Keeler St., Berkeley.

Amicus appearance by San Francisco Chapter, Natl. Lawyers Guild by Rubin Tepper, Esq., 228 McAllister, San Francisco.
59. Against Miscellaneous Criminal Activities
See cases at 123.
59.22. North Carolina v. Crowder, Covington, Lowry, Reape, Mallory. (Union Co. Super. Ct.) Facts: VIII DOCKET 9, 72, IX DOCKET 7. All Defs. convicted after trial.
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. (U.S.S.C.)*

Case note: 35 Mississippi Univ. 109-10.
59.28. Kentucky v. Pfuhl and Duffey. (Louisville City Ct.)*
59.31. U.S. v. Gibson. (ED Ky., Jackson Docket #10,095.) Facts: VIII DOCKET 127, IX DOCKET 7. Feb. 7, 1964: Gov't. filed motion to remove trial from Jackson (coal field area) on ground of impossibility of securing jurors not intimidated by Defs.; DC denied. Jy. 14, 1964: trial date.
59.32. City of Columbus, Ohio v. Miqdadi. (Muni. Ct., #16633.) Facts: IX DOCKET 7. Def's. motion to quash granted; Ct.
- 42 -

held ordinance unconstitutional: (1) City cannot license foreign commerce, as the conduct of foreign relations is reserved to the fed'l. gov't.; (2) the ordinance violates freedom of the press, is discriminatory and arbitrary, and takes no notice of social or educational content of the literature; (3) license fee of $100 is repressive.

Paul L. Selby, Jr., 1659 N. High St., Columbus.

And see cases at 14, and 52.
59.33. Louisiana v. Rev. Davis. (Baton Rouge.) (La. Sup. Ct., Crim. #47-225.) Facts: IX DOCKET 7. Appeal pending.

PEACE BOND CASES:

In several southern cities recently, civil rights leaders have been arrested and held until they put up peace bonds.
59.34. Lubeck v. Hosea Williams. (Savannah.) (Muni. Ct.)*
59.35. Anderson and Long v. Alabama. (Selma.) (Ala. Ct. of App.)*
60. Civil Sanctions (and Contempt Charges)
61. Against Defamation
Comment: Defamation by mass communication media: Some problems. 32 Univ. of Cincinnati 520-30.
61.9. New York Times Co. v. Sullivan. (U.S.S.C., #39.) Facts: VIII DOCKET 9. Mar. 9, 1964: U.S.S.C. reversed, Brennan, J., held: (1) Altho this is civil suit between private parties, Ala. cts. applied a state rule of law which infringes Pls'. First and Fourteenth Amendment freedoms of speech and press; (2) "if the allegedly libelous statements would otherwise be constitutionally protected ..., they do not forfeit that protection because they were published in the form of a paid advertisement"; (3) "Like 'insurrection', contempt, advocacy of unlawful acts, breach of the peace, obscenity, solicitation of legal business, and the various other formulae for the repression of expression that have been challenged in this ct., libel can claim no talismanic immunity from constitutional limitations." (4) "We consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on gov't. and public officials." (5) "The constitutional protection does not turn upon 'the truth, popularity, or social utility of the ideas and beliefs which are offered.' " (6) "What a State may not constitutionally bring about by means of a criminal statute is likewise beyond the reach of its civil law of libel. The fear of damage awards under a rule such as that invoked by the Ala. cts. here may be markedly more inhibiting than the fear of prosecution under a criminal statute." The Def. in a civil libel action is not protected by ordinary criminal-law safeguards or double-jeopardy limitation. (7) "It would give public servants an unjustified preference over the public they serve, if critics of official conduct did not have a fair equivalent of the immunity granted to the officials themselves." (8) "We hold today that the Constitution delimits a State's power to award damages for libel in actions brought by public officials against critics of their official conduct. Since this is such an action, the rule requiring proof of actual malice is applicable." Proof of actual malice here "lacks the convincing clarity which the constitutional standard demands." Black, J. (Douglas, J.) conc. "I vote to reverse exclusively on the ground that the Times and the individual Defs. had an absolute, unconditional constitutional right to publish in the Times ad ... their criticisms of the Montgomery agencies and officials." Goldberg, J. (Douglas, J.) conc.
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.)*
61.10. Gov. Patterson v. The New York Times, Rev. King, Shuttlesworth. (Montgomery Cir. Ct.)*
61.11. The New York Times v. Connor and Bessemer City Commrs. (ND Ala.)*
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, 127. Feb. 20-21, 1964: Calif. Assembly Comm. hearings (Ryan) on alleged attacks on Pl. and academic freedom. Apr. 17: Ct. dismissed 13 charges, ordered 13 Defs. to answer 7 charges.
61.18. Pauling v. Anti-Communist League of York Co. (MD Pa., #7940.)*
61.18a. Pauling v. National Review. (N.Y. Sup. Ct.)*
61.18b. Pauling v. News Syndicate Co. Inc. (CA 2.) Facts: VIII DOCKET 95.*

Donner and Piel, Esqs., 36 W. 44th, NYC.
61.18d. Pauling v. St. Louis Globe-Democrat. (ED Mo., E. Div. #61 C 312(3) ) Facts: VIII DOCKET 95. Mar. 19, 1964: Decision for Def. Pl's. post-trial motions pending.
61.19. Brent v. Singlemann, Citizen's Council of New Orleans. (ED La.)*
61.20. Harper v. National Review and Buckley. (NYC Sup. Ct.)*
61.22. Normile v. Am. Medical Assn. (formerly AFL-CIO v.) (DC DC, #CA 2806-23.)*

Faller, Bredhoff and Anker, Esqs., 1001 Conn. Ave. NW, Washington, D.C.
61.23. Collins and Pearson v. Henry. (Clarksdale.) (Miss. Sup. Ct.)*
61.24. City of Gadsden v. Am. Broadcasting Co. (Etowah Cir. Ct., #9072.)*

Albert M. Rains and Hobdy G. Rains, Esqs., Carter Bldg., 823 Forrestt Ave., Gadsden, Ala.
61.25. Goldmark v. Holden. (Okanogan Super. Ct., Washington.) Sept. 1962: Pl.-candidate for Washington state legislature and wife sued local newspaper publisher, operator of "private intelligence agency", and John Birch Society members for calling Pls. "Communists" and members of ACLU, "Communist-front". Jan. 22, 1964: After 2½ mth. trial, jury held for Pls., found $40,000. damages.
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62. By Injunction in Labor Disputes
Case note: Interference by management of large privatelyowned shopping center with peaceful distribution of handbills on shopping center sidewalk is enjoinable violation of freedom of speech: Amalg. Clothing Workers v. Wonderland Shopping Center, Inc. (122 NW.2d 785, Mich. 1963) 49 Virginia U. 1571-78.
63. By Injunction in Other Situations (see also 40)
And see cases at 204.
63.2. Alabama ex rel. Atty. Genl. Gallion v. Gray. (Talladega.) (Ala. Sup. Ct., #630.)*
63.4. B & B Cash Grocery Stores, Inc. v. Young Adults for Progressive Action. *
63.5. Kelley v. Page. (Albany.) (CA 5, #20720.)

and

Anderson v. City of Albany. (CA 5, #20711.)*
63.6. Potomac Electric Power Co. v. Wash. Chap. of CORE. (DC DC, #3238-62.) Facts: VIII DOCKET 10, 73. Feb. 2 1964: Case dismissed by stipulation without prejudice (moot).
63.7. City of Birmingham v. Walker. (Cir. Ct., 10th Jud. Cir., Ala., #130-173.) (Ala. Sup. St., 6th Div., #999.)*
63.8. City of Jackson v. Salter. (Hinds Co. Chancery Ct., 1st Jud. Dist., #63,429.)*
63.8a. NAACP v. Thompson (Jackson.) (SD Miss., #3432.)*
63.9. Zellner v. Lingo. *
63.10. Alabama ex rel. Flowers v. M. Robinson. (Gadsden.) (Etowah Co. Cir. Ct., #16,743.)*
63.10a. Ex parte Marvin Robinson. (Gadsden.) (Ala. Ct. of App.)*
63.11. Louisiana v. CORE. (Clinton.) (CA 5.)*
63.12. U.S. ex rel. Louisiana v. CORE. (Plaquemine.) (CA 5.)*
63.13. City of Tallahassee v. 150 Defs. (City Ct.)*
63.14. Porzio v. Williams. (Savannah.) (Super. Ct.)*
63.15. U.S. v. Patridge. (Winona, Miss.) (SD Miss., Jackson Div.)*
63.16. Sheraton-Palace Hotel v. Bensusen. (San Francisco Super. Ct., #540931.) March, 1964: After Ad Hoc Comm. picketing Pl. for jobs for Negroes, (58.16), Pl. sought $50,000 damages and injunction against picketing, alleging Defs: (1) trespassed in lobby and caused disorder; (2) FEPC given exclusive jurisdiction over alleged FEPA violations; (3) Defs. sought to compel Pl. to make agreement violating FEPA, Labor C. §1420(3) and Hughes v. Super. Ct. 339 U.S. 460 (1950). Mar. 1: Ct. issued temporary restraining order. Mar. 6: On order to show cause, Ct. dissolved order because improperly served, issued new order limiting pickets to 100 covering perimeter of Pl. on 2 streets and public alley. Mar. 7: Pl. and pickets signed agreement; Pl. dismissed suit.

And see 58.16, but see 58.17.
63.17. Burford v. Nonviolent Action Comm. (Inglewood, Calif.) (L.A. Co. Super. Ct., #SWC 3816.) Jan., 1964: Pls.-owners of drive-in restaurant used for temporary restraining order and permanent injunction against picketing, alleging prior picketing had cut business 75% forcing Pls. out of business. Super. Ct. granted temporary restraining order; 15 pickets arrested. On hearing, Ct. dissolved order, dismissed contempt citations, refused to issue injunction. Trial date: Oct. 7, 1964.

Wirin and Okrand, Esqs., 259 S. Spring St., Los Angeles.
63.18. Long v. Isen. (L.A. Super. Ct.) 1963: Pl.-publisher of Socialist Labor Party Newspaper sued Def.-mayor of Torrance for injunction against interfering with sale of paper and damages for past interference. Super. Ct. granted temporary restraining Order. Trial pending.

Wirin and Okrand, Esqs., 259 S. Spring St., Los Angeles.
63.19. Pa. NAACP v. Mummers. (Com. Pleas Ct.) Dec. 30, 1963: Pl. requested injunction against use of blackface in Philadelphia parade as against public policy. Def. argued no violation of law, as use of blackface traditional, not intended to ridicule. Ct. denied request.

See 63.19a.
63.19a. Pa. Council of Churches v. Mummers, CORE, and Committee for Freedom Now. (Com. Pleas Ct.) Jan. 2, 1964: New application for injunction against paraders and civil rights demonstrators granted by 3-man ct. en banc, held judicial intervention necessary to prevent disorder.
64. Against Miscellaneous Activities
70. Procedural Problems
71. In Alleging Standing to Sue
Comment: Constitutional litigation: Standing to sue in the Supreme Court. 8 St. Louis Univ. 83-95.
72. In Raising and Preserving Constitutional Questions
73. In Removing from State to Federal Courts

73.1. Lefton v. City of Hattiesburg. (CA 5, #21,441.) Negro Defs. arrested for violating new state statute (misdemeanor for individual or group to picket before any public bldg. with intent to intimidate). Fedl. DC Clerk refused to accept petition to remove cases (28 U.S.C. §1443) for filing. Defs. filed alternative petition for writ of mandamus in CA 5 to coerce DC Judge to file removal petition. Apr. 17, 1964: CA 5 held: (1) any local fedl. DC rules requiring filing of cost bonds in removals of criminal prosecutions from state courts are improper (see Note to 28 U.S.C.A. §1446); (2) any DC rules requiring separate petitions for each Def. seeking to remove are improper; (3) if local counsel are unavailable to sign pleadings, "We cannot assume that ... the District Court would close its doors on those litigants or their attorney who is a member of the U.S. Supreme Court bar". CA indicated atty. signing petition should have requested (1) admission to DC barpro hac vice or (2) waiver of DC rule requiring signature of atty. licensed to practice in that DC because of unavailability of local counsel (shown by affidavits). CA retained jurisdiction over petition in event DC failed to comply with opinion within 15 days.

Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., New Orleans; Kunstler, Kunstler & Kinoy, Esqs., 511 Fifth Ave., NYC.
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90. Miscellaneous Freedom of Thought
Comment: Zoning, aesthetics, and the First Amendment. 64 Columbia 81-108.

Case notes: Municipal ordinance prohibiting clotheslines based on municipality's interest in beauty held sufficient to justify limited abridgement of speech: New York v. Stover (191 NE.2d 272, 240 NYS.2d 734, U.S.S.C. dism'd. appeal, 375 U.S. 42) 28 Albany U. 140-43; 38 N.Y.U. 1002-08; 9 N.Y.L.F. 596-603.

FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
Books: David R. Manwaring, Render unto Caesar: The flag-salute controversy. 331 pp. U. of Chicago Press. $5.50.

Paul Blanshard, Religion and the schools. 246 pp. Beacon Press. $4.95.

Dallen H. Oaks, ed. The wall between church and state. 179 pp. U. of Chicago Press. $6.75 (paperbound, $1.95).

Law review articles: Tom C. Clark. Religion and the law. 15 S. Carolina U. 855-66.

Robert C. Casad, The "establishment" clause and the ecumenical movement. 62 Michigan U. 419-64.

John Norton Moore, The Supreme Court and the relationship between the "establishment" and "free exercise" clauses. 42 Texas U. 142-98.

Lawrence List, A child and a wall: A study of "religious protection" laws. 13 Buffalo U. 9-57.

Robert G. Weclew, The "establishment" clause and "coercion." 47 Marquette U. 359-67.

111. In Education
Law review articles: Gerald Tockman. The constitutionability of furnishing publicly-financed transportation to private and parochial school students in Missouri. 1963 Washington Univ. 455-505.

Joseph G. Schumb, Jr., Church, state and the public schools. 4 Santa Clara U. 54-71.

Comment: Bible reading and the Lord's prayer in public schools. 9 N.Y.L.F. 540-55.


111.6. School Dist. v. Schempp. (U.S.S.C.) Facts: VIII DOCKET 11, 128.

Case note: 49 Iowa U. 560-67.
111.10. Chamberlin and Resnick v. Miami and Dade Co. Bds. of Educ. (Fla. Sup. Ct.)*
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.)*
111.27. New Jersey v. Hawthorne School Bd. (Super. Ct. Trenton.)*
111.28. Prayer Rights for American Youth v. N.Y. Bd. of Educ. (ED NY.) 1963: Pl.-parents of kindergarten children in P.S. 184 sued to enjoin school officials from interfering with voluntary recitation of a prayer and singing of devotional song discontinued after U.S.S.C. decisions in Schempp, 111.6, Murray, 11 1.22. Dec. 20, 1963: DC enjoined interference, distinguished U.S.S.C. holdings: prayer and song not prescribed by law, but by school officials, participation is voluntary.

Leo A. Larkin, NYC Corporation Counsel.
112. In Public Places

112.25. Co. of Los Angeles and Bethlehem Star Parade Assn. v. Hollinger. (Dist. Ct. App., 2nd Dist., #26868.)*
112.26. Jenison v. Minnesota. (120 NW.2d 515, 84 S. Ct. 63.) Facts: IX DOCKET 9.

Case notes: 77 Harvard 550-52; 18 Rutgers 204-09.
120. Conscientious Objection to War
Comment: Conscientious objector provisions—a constitutional survey. 28 Albany U. 82-9.
121. Through Application for C. O. Status

121.28. U.S. v. N. J. Harshman. (ND Ill., #61 CR 48.) Facts: VIII DOCKET 12. June 19, 1963: Indictment dismissed.
121.29. Mang v. Pasadena Draft Bd. No. 91. (SD Calif.)*
121.30. U.S. v. Stolberg. (CA 7.)*
121.31. U.S. v. Peter. (U.S.S.C., #787.) Facts: IX DOCKET 10, CA 9 affirmed. Def's. petition for cert. pending.

Richard Heath and Duane Besson, Esqs., San Francisco.
121.32. U.S. v. Seeger. (CA 2.) After registering for draft, Def. filed C.O. form, indicated no religious training or clear belief in Supreme Being (50 U.S.C. App. §456 (j)); Bd. ordered Def. inducted; Def. refused. 1963: Def. convicted under 50 U.S.C. App. §462. Jan. 1964: CA 2 reversed: Statutory distinction between those who profess belief in Supreme Being and those who don't violates "establishment" clause of First Amendment.

Kenneth Greenawalt, Esq., 2 Broadway, NYC.
122. Through Refusal to Register
123. Through Civil Disobedience

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.)*
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws

140.31. Sherbert v. Verner. (374 U.S. 398.) Facts: VIII DOCKET 129.

Case notes: 32 George Washington 387-93; 15 S. Carolina U. 988-93; 38 Tulane 207-09.
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150. Miscellaneous Restrictions
151. In Prisons
And see cases at 304.
151.4. Sewell v. Pegelow. (ED Va.)*
151.4a. Childs v. Pegelow. (CA 4, # #8948-8950.) (321 F.2d 487, 8 RRLR 805.) Dec. 1962: 21 Muslim inmates alleged Def.-prison officials reneged on agreement. DC denied temporary restraining order, found Defs. rearranged Pet's. dining schedule to provide pork-free meal after-sunset as determined by Naval Observatory, dismissed petition as moot after Dec. Aug. 1, 1963: CA 4 affirmed dining hours and practices within administrative discretion of prison officials; (2) Defs. have no duty to adjust these to conform to inmates' religious beliefs. Sobeloff, C. J., diss.: Cause should be remanded for full hearing, as DC accelerated proceedings and denied Pets. counsel in order to render decision during Dec. 1962.
151.5. SaMarion (formerly Bratcher) v. McGinnis. (Attica State Prison.) (CA 2.)*
151.6. Cooper v. Pate. (U.S.S.C.)*
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:
Law review article: William O. Douglas, The right of association. 63 Columbia. 1361-83.
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 Revenu. (CA DC.) Facts: VIII DOCKET 13. Apr. 9, 1964: CA reversed order of Tax Ct. dismissing Pet's. petition for redetermination of alleged $326,000. deficiency in 1951 and 1956.
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)

203.3. U.S. v. R. Dennis. (CA 10.)*
204. As to Continued Existence (see also 63, 213, 223)

204.1. NAACP v. Alabama ex rel. Flowers (formerly Alabama ex rel. Gallion v. NAACP). (U.S.S.C. #169.)*
204.4. NAACP Legal Defense and Educ. Fund, Inc. v. Button. (ED Va., #2436.)*
204.4a. NAACP v. Button. (371 U.S. 415.) Facts: VIII DOCKET 14, 74.

Case notes: 63 Columbia 1502-13; 4 Wm. & Mary 222-28; 32 Cincinnati U. 550-53.
204.4b. NAACP Legal Defense Fund v. Gray. (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.)*
210. Compulsory Registration
211. Under 1950 Internal Security (McCarran) Act

211.1a. Communist Party v. U.S. (CA DC, #17583.) Facts: VIII DOCKET 15, 74, IX DOCKET 10-11. CA denied Pet's. petition for rehearing and Resp's. petition for rehearing en banc.
211.1b-1c. U.S. v. Hall and Davis. (DC DC, Cr. # #228-62, 229-62.)*
211.1d-1m. Albertson and Proctor v. S.A.C.B. (CA DC.) Facts: VIII DOCKET 15, 74, 97. Apr. 1964: CA affirmed SACB order that individual Respondents register as members of Communist Party; did not rule on question of Resps'. privilege against self-incrimination; refused to require new showing of character of Communist Party in these hearings in absence of showing of changed circumstances since SACB ruling in CP case in 1953. Petition for cert. pending.

But see Macks, 281.16.
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, #12876.) Facts: VIII DOCKET 15, IX DOCKET 11. Pet. defunct, taking no further action.
211.5. Patterson, as Liquidator of Civil Rights Congress v. S.A.C.B. (CA DC.)*

Reuben Terris, Esq., 150 Nassau St., NYC.
211.8. California Labor School v. S.A.C.B. (CA DC.)*
211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (U.S.S.C.) Facts: VIII DOCKET 16, IX DOCKET 11-12. Apr. 27, 1964: U.S.S.C. granted petition for cert.
211.10. Kennedy v. California Emergency Defense Comm. (S.A.C.B.)*
211.13. Veterans of the Abraham Lincoln Brigade v. S.A.C.B. (U.S.S.C.) Facts: VIII DOCKET 16, IX DOCKET 12. CA denied petition for rehearing. Application for certiorari pending.
211.15. Kennedy v. Advance. (S.A.C.B.)*
212. Under 1954 Communist Control Act

212.1. Kennedy v. Intl. Union of Mine, Mill & Smelter Workers. (CA DC, # #17,135, 18,429.) Facts: VIII DOCKET 16. Dec., 1963: SACB dismissed Def's. petition for redetermination. Feb., 1964: Def. filed petition to review.
213. Under State Laws (see also 204)
220. Listing
221. By the Attorney General of the United States
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222. By Congressional Committees
And see cases at 271.
223. By State Authorities (see also 24, 281)

223.3. Elfbrandt v. Russell, Arizona Gov. Fannin. (U.S.S.C.)*

And see Dulgov, 281.19.
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.) Facts: VIII DOCKET 17, 75. CA heard argument en banc. Decision pending.
245. Under State Laws (see also 54)

245.15. Indiana v. Levitt, Bingham, Morgan. (Monroe Co. Cir. Ct., #601.) Facts: VIII DOCKET 98, 130, IX DOCKET 12. Cir. Ct. held state statute unconstitutional, without written opinion. State's appeal pending.
245.16. Louisiana v. Smith, Waltzer, Dombrowski. (Baton Rouge Crim. Dist. Ct.) Facts: IX DOCKET 12. Jan., 1964: Attys. Smith and Waltzer indicted for failure to register with state as members of Natl. Lawyers Guild and S. Conference Educ. Fund (listed as "subversive" organizations by HUAC/SISS), and for "managing" a "subversive" organization; Dombrowski only charged re S.C.E.F., under La. Rev. Stats. 14:388, 14.390. $250 bond. Penalty if convicted: 10 yrs. and $10,000., confined pending appeal. Pending.

And see 245.16a-245.16d.

Pamphlet: Anne Braden: House Un-American Activities Comm.: Bulwark of segregation. 48 pp. Natl. Comm. To Abolish HUAC, 555 N. Western Ave. #2, Los Angeles. 25c.
245.16a. Dombrowski v. La. State Police. (CA 5.)*
245.16b. SCEF v. Eastland. (DC DC.) Facts: IX DOCKET 13. Dec., 1963: DC dismissed request for injunction; suit for damages pending.
245.16c. SCEF v. Louisiana Officials. (SD La.)*
245.16d. Dombrowski v. Pfister (formerly listed as SCEF v. Joint Legislative Comm. on Un-American Activities.) (U.S.S.C., #941.) Facts: IX DOCKET 13. Jan. 10, 1964: 3-judge ct. (2-1) held La. statutes constitutional under Tenth Amendment, refused to hear testimony on their illegal application; injunction against further criminal proceedings withdrawn; Wisdom, J. diss. Feb. 4: 3-judge ct. vacated Jan. 10th ruling on constitutionality under abstention doctrine pending state ct. decision; dismissed complaint. Appeal pending in U.S.S.C.

Amicus brief of Natl. Lawyers Guild by David Rein, Esq., 711 14th St. NW, Washington, D.C. and Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.
245.17. Stanford v. Texas. (U.S.S.C., #869.) Dec. 26, 1963: SACB ordered Pet.-book dealer to register (211.1). Dec. 27: Bexar Co. Dist. Atty. sought search warrant under McCarran-type act (Tex. Rev. Civ. Stats. §6889-3A) after 2 Tex. Asst. Attys. Genl. received mailing of anti-McCarran Act pamphlet from Pet. Tex. Dist. Ct. ordered Pet.'s home searched; in 5-hrs., 2,000 pieces taken, incl. records of Pet's. book business, marriage certificate, auto registration, private library. Jan. 20, 1964: Dist. Ct. denied application for return of materials seized. Jan. 29: Dist. Ct. overruled Pet's. motions to set aside judgment, for new trial. Since no appeal in state cts., March 1964: Pet. filed petition for cert. in U.S.S.C., (under 28 U.S.C. §1257(3)). Issues: (1) probable cause for issuance of warrant: (2) whether warrant specified crime charged against Pet., since statute proscribes many seditious activities; (3) whether warrant properly described things to be seized; (4) whether statute authorizing issuance of warrant solely to gather evidence allegedly showing violation of law violates Fourth and Fifth Amendments; (5) whether seizure violates First Amendment rights; (6) whether statute is void under preemption. Pending.

Maury Maverick, Jr., Esq., Maverick Bldg., San Antonio, Tex.; Melvin L. Wulf, Esq., ACLU, 156 Fifth Ave., NYC.
246. Under 1950 Internal Security (McCarran) Act

246.1. U.S. v. Robels. (WD Wash. N. Div., #50,676.)*
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)

251.15. Dew v. Halaby. (U.S.S.C., #844.) Facts: VIII DOCKET 17. Feb. 17, 1964: U.S.S.C. granted certiorari and motion to proceed in forma pauperis.
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.)*
252. As to Passport Applications and Right to Travel

252.27a. Worthy v. U.S. (CA 5, #20062.) Facts: VIII DOCKET 17. Feb. 1964: CA 5 held unconstitutional 8 U.S.C. §1185B for violating a citizen's "fundamental right to have free ingress" to his home country by prohibiting a citizen from leaving or entering U.S. without valid passport. U.S. did not appeal.
252.33. Flynn v. Rusk. (U.S.S.C.)*

Amicus brief for ACLU by Osmond K. Fraenkel, Esq., 120 Broadway, NYC.
252.34. Aptheker v. Rusk. (U.S.S.C.)*
252.35. Zemel v. Rusk and Kennedy. (U.S.S.C.) Facts: VIII DOCKET 75. Feb. 21, 1964: 3-judge ct. (2-1) upheld Secy. of State banning travel to Cuba because conduct of foreign affairs and internal security "inseparable." Appeal to U.S.S.C. pending.
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252.36. MacEwan v. Rusk and Kennedy. (ED Pa., #33038.) Facts: VIII DOCKET 75, IX DOCKET 13. Mar. 30, 1964: DC upheld Def's. motion for summary judgment. Pl's. appeal pending.
252.55. Copeland v. Rusk. (U.S.S.C.) Facts: VIII DOCKET 99. Jan. 24, 1964: 3-judge Ct. upheld requirement of non-Communist oath for passport applicants to prevent communication between U.S. Communists and foreign Communists. Jurisdictional statement filed in U.S.S.C.
252.56. Mayer v. Rusk. (U.S.S.C., #746.) Facts: VIII DOCKET 99. IX DOCKET 13. Jurisdictional statement filed.
252.58. U.S. v. Travis. (SD Calif., #32380-1R.) Corrected statement of facts: Def. charged with twice leaving U.S. without valid passport to go to Cuba, under 8 U.S.C. §1185B. Apr. 7, 1964: Def. moved to dismiss because statute: (1) not intended for geographic limits on travel; (2) delegates legislative power to Pres.; (3) as applied to authorize geographic limitation on travel is fatally vague and denies liberties under First and Fifth Amednments; denied. Apr. 7: trial; Def. argued State Dept. decree adding Cuba to list of countries requiring special passport validation was not based on §1185B. Pending.
252.59. U.S. v. Laub. (ED NY, 62-Cr.-635.) Facts: IX DOCKET 13. After decision in Worthy, 252.27a, superseding indictments filed deleting charge of illegal entry. Pending.
252.60. U.S. v. Druckman. (ND Calif.) Facts: IX DOCKET 13. In abeyance pending U.S.S.C. decision in Flynn, 252.33.
252.61. U.S. v. Seigel. (ED NY.) Feb. 13, 1964: Def. indicted by fedl. grand jury in Brooklyn, N.Y., arrested at home in California, for using U.S. passport while allegedly a Communist Party member (McCarran Act violation). Def. arraigned; $500 bail.

Aubrey Grossman, Esq., 1095 Market St., San Francisco.
253. As to Army Discharges (see also 341)
254. As to Veterans Disability Payments

254.2. Thompson v. Gleason. (Veterans Affairs Adm.)*
255. As to Social Security Benefits (see also 263, 346)
See Heikkila, 358.51.
256. In Housing Projects
257. As to Federal License Applications

257.6. Halaby, Admr., Fed'l. Aviation Agency v. Susemihl. (Fedl. Aviation Agency.)*
258. Through Deportation Proceedings (see also 358)

258.7. In re Wolf. (Imm. Serv.) Facts: VIII DOCKET 18, 19, 131, IX DOCKET 13. Pending compliance with demand for production of FBI records.
258.14. In re Maurice Paul. (Imm. & Nat. Serv., NY Dist., #A5-142-538.) 1922: Resp. entered U.S. 1959: Deportation proceeding for membership in Communist Party, 1949 and 1957 (8 U.S.C. §1251 (a) (6)). Bd. of Imm. App. ordered deportation. Dec. 27, 1964: On motion to reconsider in light of Gastelum-Quinones, 258.9, Bd. reversed: testimony of Govt. witness fails to show such participation in Party activities as to infer knowledge of political nature of Party. Mar. 27, 1964: Serv. did not move to reopen proceedings in 3-mth. period; closed.

Blanch Freedman, Esq., 320 Broadway, NYC.
259. Through Denaturalization and Naturalization Proceedings (see also 358)

259.8. U.S. v. Bimba. (ED NY.) 1913: Def. entered U.S., aged 19. 1926: arrested in Mass. for blasphemy and inciting overthrow of gov't.; charges dropped. 1927: Def. naturalized. 1924-1964: Editor of Lithuanian daily. 1957: Rep. Scherer (of HUAC) asked his deportation. Dec. 1963; U.S. sued to cancel Def's. naturalization for concealment of material facts in application for citizenship, e.g. 1926 Mass. charges. Mar. 1964: Def's. motion to dismiss argued.
260. Civil Disabilities for Membership: State, Local and Private
261. In State or Local Government Employment

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

262.9. Bd. of Trustees, Fullerton Jr. College v. Phillips. (Dist. Ct. of App. #4 Civ. 7194.)*
263. As to State Unemployment Insurance Benefits (see also 255, 346)

263.5. Lewis v. Bennett. (CA 4, #9083.)*
264. As to State License Applications

264.5. Morgan and Pursley v. Berkeley Realty Bd. (Alameda Co. Super Ct.) Jan. 1964: Def.-Bd. ordered Pl.-realtor Pursley to dismiss Pl.-saleswoman Morgan for being "an identified Communist". Pl.-realtor refused; Def. threatened termination of membership on Bd., which Calif. law requires in order to use title "realtor". March 1964: Pls. sued for injunction, general and punitive damages for restraint of trade, violation of Calif. Labor Code provision against firing employee for political activity. Apr. 6, 1964: Ct. granted temporary restraining order. Pending.

Marshall Krause, Esq., ACLU, 503 Market St., San Francisco.
265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)
See Smith and Waltzer, 245.16-245.16d.
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.
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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. (N.Y. Ct. of App.)*
270. Criminal Penalties for Non-disclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)
Pamphlet: Anne Braden, HUAC: Bulwark of segregation. 48 pp. Natl. Comm. to Abolish HUAC, 555 N. Western Ave. #2, Los Angeles. 25c.
271.9. U.S. v. Russell. (DC DC.)*
271.12. U.S. v. Gojack. (DC DC.)*
271.15. U.S. v. Shelton. (CA DC.) Facts: VIII DOCKET 20, 100. Dec. 30, 1963: CA (2-1) reversed conviction on nonconstitutional ground that subpoena procedure was incorrect, since subpoena was addressed to Willard Shelton but was served on Robert Shelton.
271.16. U.S. v. Whitman. (DC DC.) Facts: VIII DOCKET 20, IX DOCKET 14. Conviction not appealed. Case closed.
271.19. U.S. v. Price. (CA DC, #18,374.)*
271.20. U.S. v. Liveright. (CA DC.)*
271.28. U.S. v. Grumman. (DC DC.) Facts: VIII DOCKET 21. Acquitted after trial.
271.29. U.S. v. Silber. (DC DC.) Facts: VIII DOCKET 21. Acquitted after trial.
271.33. Yellin v. U.S. (374 U.S. 109.) Facts: VIII DOCKET 21, 131-2.

Case note: 1963 Illinois U. 507-11.
271.34. U.S. v. Lehrer. (ND Ind.) Facts: VIII DOCKET 21. Gov't. moved to dismiss indictment on basis of Yellin, 271.33; granted.
271.40. U.S. v. O'Connor. (ND N.J.)*
272. Before State Committees (see also 204, 213, 332)

272.4a. NAACP v. Committee, (formerly in Matter of Investigation by Comm. on Offenses Against Administration of Justice.) (Va. Sup. Ct. of App., #5614, 5615.) (204 Va. 693.) Facts: VIII DOCKET 22. Dec. 2, 1963: Va. Sup. Ct. reversed denial of App'ts. motion to quash.

Lawrence D. Wilder, Esq., 3026 P St.; Tucker and Marsh, Esqs., 214 E. Clay St., all of Richmond.
272.10. Gibson v. Florida Legislative Investigation Comm. (372 U.S. 539.) Facts: VIII DOCKET 22, 76, 100.

Case notes: 16 Florida U. 493-97; 28 Albany U. 153-58.
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. (U. of Washington.) (U.S.S.C., #220.)*