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Home , Bob Hilliard, David Rein, Joseph Forer, National Lawyers Guild, Ramsey Clark, Stephen Bingham

The :

From Roosevelt through Reagan

Edited by ANN FAGAN GINGER and EUGENE M. TOBIN

Foreword by

liiiiiJ TEMPLE UNIVERSITY PRESS m Philadelphia Contents

Preface xvii Foreword by Ramsey Clark XXV

ONE The National Lawyers Guild and the Great Depression (1937 -1938) 3 The Birth of the Guild, by Maurice Sugar 7 Organizing Lawyers to, Inter Alia, Pack the Supreme Court, by Ann Fagan Ginger 9 National Lawyers Guild Constitution: Preamble and Article I 11 Wheeling and Dealing with the , by Morris L. Ernst, Frank P. Walsh, and Franklin D. Roosevelt 12 Origins of the National Lawyers Guild, by Mortimer Riemer 14 Taking Hold of the Present: Who Joined the Guild? by the Editors 17

TWO Lawyers in the Struggle for Industrial Unions (1936-1940) 22 The Call for a Liberal Bar, by Robert H. Jackson 23 The New Deal Lawyer: Thomas I. Emerson and the National Labor Relations Board, by Thomas /. Emerson, with the assistance of Joan P. Emerson 24 Defending Unpopular Causes: The Danger of Contempt and Disbarment, by Edward Lamb and Robert H. Jackson 26 and the NLRB-1940, by Nathan Greene 27

THREE Shadows of War and Fear (1937-1941) 30 The Third Annual Convention: 1939 in Chicago, by Ann Fagan Ginger 31

vii Vlll CONTENTS

Resignations from the National Lawyers Guild, by Martin Popper 34 FBI Operations, 1940-1941, by Michael Krinsky, Jonathan Moore, and Ann Mari Buitrago 36 Neighborhood Law Offices, Women Lawyers, and Working Wives, by Robert D. Abrahams and The Guild Lawyer 38

FOUR "V" For Victory over Fascism (1941-1945) 42 Statement of Policy, February 22, 1941, by the National Executive Board 43 Negro Discrimination and the Need for Federal Action, by William H. Hastie and 44 The Participation of Negro Labor in Our War Effort, by Earl B. Dickerson 45 Discrimination and Racism Produce Riots: Harlem, Los Angeles, and Detroit, by The Guild Lawyer, Carey Me Williams, Alan Brown, and Ned Smokier 47 Harry Bridges, the Guild, and the FBI, by the Editors 51 The Guild's Democratic Tax Program, by Joseph H. Crown 54 Rosie the Riveter's Eight-Hour Orphans: The Guild Supports Child Care, by the Committee on Social Legislation, City Chapter 55 Calls for a United Nations Bar Association, by The Guild Lawyer 57

FIVE Moving Toward Peace, Jobs, Security, and Justice (1944-1947) 60 The Human Aspects of the Transition from War to Peace, by the Guild Committee on Post- War Planning 61 A Social Security Charter for Peacetime America, by the Guild National Committee on Social Legislation 62 The 1946 Convention, by Ann Fagan Ginger 65 Civil Rights Legislation from the Fourteenth Amendment to an Anti-Lynching Law, by W. E. B. DuBois 68 The Morass of Reconversion: Understanding the Postwar Strikes, by 69

SIX The End of the Grand Alliance (1945-1948) 72 A New World Born: The Guild at the Founding of the United Nations, by Martin Popper 73 The NLG and the FBI at the UN Conference," by Michael Krinsky, Jonathan Moore, and Ann Mari Buitrago 75 Try the War Criminals Now, Lawyers Urge, by Martin Popper 75 War Crimes and Cold War Conspiracies, by Mary M. Kaufman 76 CONTENTS IX

The International Association of Democratic Lawyers, by Martin Popper 79 The Jewish People and Palestine, by the Guild and Bartley C. Crum 80 The State of American Foreign Policy, by the Guild Committee on International Law and Relations 82 The European Recovery Program-The Martial Plan, by the Guild Committee on International Law and Relations 84

SEVEN The Cold War Begins (1947-1953) 86 Robert J. Silberstein Looks Back on the Seven Lean Years, 1947-1954, by Robert J. Silberstein 86 The Constitutional Right to Advocate Political, Social, and Economic Change-An Essential of American Democracy, by the Guild National Constitutional Liberties Committee 87 Harvard Law School Seminar on Civil Liberties (Spring 1948), sponsored by the Harvard Law School Chapter of the Guild 89 Report on Certain Alleged Practices of the FBI, by a Special Committee of the Guild, with an introduction by Michael Krinsky 91 The Keynote Address of the 1950 Guild Convention, by Clifford J. Durr 93 Cold War Foreign Policies Stir Internal Debate: Yugoslavia and Korea, by the National Lawyers Guild 94 The Rosenberg Case, by The New York Guild Lawyer 96 Loyalty to the Bill of Rights, by Delbert E. Metzger 98

EIGHT Bread-and-Butter Issues (1947-1956) 100 The Availability of Legal Services-The Guild Position, by the Guild Committee on Profossional Problems 100 Guild Student Chapters Address Bread-and-Butter Issues, by The Guild Lawyer and The Guild Law Student 102 The Thompson Case: A Real Life Bread-and-Butter Struggle, by Annie Stein 104 Vindication of the Guild Position, by The New York Guild Lawyer 106 Mandatory versus Voluntary Social Security Coverage for the Bar: The Last Obstacle to the Achievement of Social Security Protection for Self-Employed Lawyers, by Leo J. Linder 107 Guild Activity at Conference of State Bar Delegates, by The Guild Lawyer of I 09 Detroit Chapter Trains Lawyers and Fights for Comparative Negligence, by the Editors 110 X I CONTENTS

The National Lawyers Guild versus Sexism: The First Step, by Ann Fagan Ginger 111

NINE Cold War against Lawyers (1947-1957) liJ The National Lawyers Guild in 1950-1951, by Thomas I. Emerson 113 Testimony of Robert W. Kenny before HUAC, October 27, 1947 l14 Report on the National Lawyers Guild: Legal Bulwark of the Communist Party, by the House Committee on Un-American Ad~ti~ 1U The National Lawyers Guild: Legal Bulwark of Democracy, by the National Executive Board 119 Loyalty and Lawyers, by Fowler V. Harper 121 Testimony of Ben Margolis before the House Un-American Activities Committee, October 1-2, 1952 122 The Trials of Harry Sacher and Abraham Isserman, by The New York Guild Lawyer 124 The 1954 Chicago Guild Convention, by the Chicago Red Squad 129 Testimony of Ruth Weyand before the House Committee on Un-American Activities, February 23, 1956 130 Schware, Konigsberg, and Independence of the Bar, by John T. McTernan and The New York Guild Lawyer 132

TEN The ABA and the Attorney General v. NLG (1953-1958) 136 FBI Activity and Executive Order 10450, by Michael Krinsky 137 Test Oaths: Henry VIII to the , by Samuel M. Koenigsberg and Morton Stavis 138 The American Bar Association, Attorney General Brownell, and the National Lawyers Guild in Time of Crisis, by the Editors, Lawyers Guild Review 139 Amended Interrogatories of the U.S. Attorney General Concerning Guild Activities in the Matter of the Proposed Designation of the National Lawyers Guild Pursuant to Executive Order No. 10450 141 Extracts from Briefs to the Court of Appeals in National Lawyers Guild v. Herbert Brownell, Jr., Brief for Appellant, by Osmond K Fraenkel, Earl B. Dickerson, and 143 The Leo Sheiner Case: No Disbarment for Use of Fifth Amendment, by The New York Guild Lawyer and Lawyers Guild Review 144 Living with a Subpoena, by Vivian Mandel 145 CONTENTS Xi

Liberty and Peace: The Role of a Free Bar, by Malcolm P. Sharp 147 Report of the Administrative Secretary, by Jessica Davidson 149 Selecting Priorities for Guild Work While under Attack: The Ginger Strategy, by Leo J. Linder 149 The Guild Honors Defenders of the Bill of Rights, by The New York Guild Lawyer 150 A Testimonial to the Struggle for Civil Liberties, by The New York Guild Lawyer 152 The Justice Department Ends Brownell v. NLG 158 A Promise and a Prophecy, by the Board of Editors, Lawyers Guild Review 159

ELEVEN Moving from Victory to Affirmative Action (1958-1961) 161

The Role of the United States Supreme Court, by John M. Coe 161 Attack by Un-American Committee on Guild, by The Guild Lawyer 163 Report of the National Lawyers Guild on the Recommendations of the American Bar Association, by the National Executive Board 165 The Guild and the Court: Mass Admissions and Amicus Briefs, by The Guild Lawyer 166 Facing the Hard Realities: Chapter Pledges and Payments, by David Scribner 168 COINTELPRO, by Michael Krinsky, Jonathan Moore, and Ann Mari Buitrago 169 Leading Labor Lawyer Urges Fresh Start in Labor Legislation, by Harold Cranefield 171 Creative Legal Research, by Sam Rosenwein 172 The Central Thesis of the First Amendment: Oral Argument in Yellin v. U.S. (1961), by Victor Rabinowitz 173 Who Won the Cold War, by Joseph Forer and the Editors 175

TWELVE Civil Rights Moves the Guild (1961-1963) 178

Interposition Interposed, by Mitchell Franklin 179 Black People Don't Have Legal Problems, by Edward A. Dawley 182 A Cry for Help: Norfolk to Berkeley to New York to Detroit, by the Editors 185 Report on Initial Activities, by Committee To Assist Southern Lawyers (CASL) 188 The FBI Intrudes on Guild-ABA Relations,Jrom the FBI 190 xii CONTENTS

A Report of CASL, by George W. Crockett, Jr., and Ernest Goodman 191 Tributes and Deceptions in New York, by Charles McKinney, Hope Stevens, and the FBI 192 The Guild Publishes Its First Book, by the Editors 194 Albany Journal~Summer 1963, by Dennis Roberts 194 Lawyers Arrested at Guild Workshop in New Orleans, by the Editors 197 A Stormy National Executive Board Meeting in New York, by Ernest Goodman 199 Into the Streets of San Francisco, by the Civil Liberties Docket 202

THIRTEEN The Guild Goes South (1964-1965) 203

The 1964 Convention and the Mississippi Project, by the Editors 205 The FBI Meets with Some Civil Rights Organizations, by the FBI 206 The Goodmans and Schwerners Go to the Oval Office, with Martin Popper 207 Mississippi and the FBI Retaliate, by the Guild CLAS and from the FBI 209 Resolutions by the ABA and Mississippi Bar Assuciation, by the Committee for Legal Assistance to the South 210 The Guild Looks at Its Budget, Closes, and Reopens, its Jackson Office, by the Editors 211 The Guild Goes to the Polls in Michigan, by the Guild Newsletter 212 The Mississippi Freedom Democratic Party Challenge, by Morton Stavis 212 Storming the Palace in San Francisco, and the Guild Response, by Paul Harris and the San Francisco Chapter 214 The Watts Revolt and the Los Angeles Chapter Response, by the Civil Liberties Docket and Leo Branton, Jr., Seymour Mandel, and Ben Margolis 216 Pondering the Future: Len Rosenthal, Claudia Shropshire, and Ben Smith, by the Guild Newsletter, the Editors, and the Subjects 218 Whose Rights? What Danger? by Michael E. Tigar 221

FOURTEEN Representing "Hell, No! We Won't Go!" (1965-1968) 228

The Constitutional Right to Object to War, by the Civil Liberties Docket and The New Draft Law 230 CONTENTS Xiii

The Guild Learns, Teaches, and Organizes Draft Law, by the Editors 232 Trying a Case under the Selective Service Law, by Ben Margolis 233 Special Problems of Black Draftees, by E. A. Dawley 234 Formation of the San Francisco Selective Service Panel, by the Panel 237 The Individual's Duty under the Law of Ntirnberg, by Mary Kaufman 239 Summing Up the Guild's Role in the , by the Guild Convention, Samuel Neuburger, and Paul Harris 243

FIFTEEN Confronting the War at Home (1965-1969) 246 How Woman's Work Is Sometimes Done, by Ann Fagan Ginger 247 Pioneer's Reports on Poverty Law, by Simon Rosenthal 249 The Detroit Recorder's Court and the 1967 Civil Disturbance, by George W. Crockett, Jr. 251 "What Did You Do in the Riots, Daddy?" by John Houston 255 A Debate on the Definition of "Radical Lawyer," by David Freedman and Victor Rabinowitz 257 National Officers and Chapters of the Guild before the 1968 Convention 259 The Confrontational Convention in Santa Monica, 1968, by Joan Andersson, Dan Lund, , Bruce Waltzer, James Herndon, Norman Leonard, Rudolph Schware, and Fay Stender 261 Guild Lawyers at the Chicago Democratic Convention of 1968, by Dan Lund 266 Minimizing Racism in Jury Trials, by Charles R. Garry 267

SIXTEEN Movement Lawyers and Clients, and the Courts (1968-1976) 270 New Style Law Offices, by Anne M. Garfinkle and David Finkel 270 The Role of the Radical Lawyer and Teacher of Law, by Arthur Kinoy 272 You Don't Have To Love the Law to Be a Lawyer, by Paul Harris and Gene Ann Condon 275 The Class Role of U.S. Courts, by Doris Erin Walker 281 The Guild Military Office in the , by Howard DeNike and Bob Hilliard 285 William 0. Douglas: In Retrospect, by Leonard B. Boudin 289 Boycotting Wine on Interstate 99, by Barbara Rhine 291 The Shango Trial: The Lawyer, the Client, and the Jury, by Ernest Goodman 293 xiv j coN TENTs

SEVENTEEN Young Lawyers Take Hold (1970-1979) 299 The 1970 Convention in Washington, by Dan Lund 299 The President's Analysis, by Doris Erin Walker 301 The 1971 Convention in Boulder, by Dan Lund 303 The FBI Blacklist of Bar Applicants, by the Editors 306 Practicing Labor Law, by Marijana Relich 308 The National Lawyers Guild as an All-White Organization, by William Goodman 309 Sketches of Guild Presidents Larson, Weinberg, and diSuvero, by the National Guild Banquet Committee 315 Limiting Access to Federal Courts, by Frank Askin 316 When the Defendants Are Foxes Too: The Need for Intervention by Minorities in "Reverse Discrimination" Suits like Bakke, by Charles Lawrence 318 Internal Struggles, by William Goodman 321

EIGHTEEN Let Theory and Practice Bloom (1977-1980) 324 Mammon and Caesar, by Peter Weiss 324 Resolution on the Middle East, by the 1977 National Convention and the Middle East Task Force 328 The Right to Equality: A Marxist Analysis, by Barbara Wolvovitz and Jules Lobel 331 National Lawyers Guild v. Attorney General, by 1986 Guild Annual Report and Michael Krinsky 336 Opposing Right-Wing White Supremacist Groups, by Fania Davis, Doris Erin Walker, Ann Fagan Ginger, and the National Executive Board 338 State of the Guild Speeches, by Paul Harris and Mary Alice Theiler 340 Handling My First Constitutional Law Case-1981, by Colleen Rohan 344 The Legal Right to Peace Demanded by Our Clients, by Ann Fagan Ginger 346

NINETE-EN The Challenge of the Eighties (1981-1984) 350 Rethinking Indian Law, by Steven Rtllberg and Robert T. Coulter for the Guild Committee on Native American Struggles (CONAS) 351 From National Committee to Combat Women's Oppression (NCCWO) to Anti-Sexism Task Force, by Elizabeth Schneider, Patti Roberts, and Barbara Dudley 353 CONTENTS I XV

Looking Back and Looking Forward, by Gerald Horne and Doris Brin Walker 356 Economic Rights as Human Rights, by Ramsey Clark, Arthur Heitzer, Melinda R. Bird, and Sam Rosenwein 359 Waging the War against Union Security, by Barbara Kraft 366 Carrying Out the Guild Resolution on Fighting Racism in the Guild, by the 1979 Guild Convention 367 Sketch of People's Lawyer R. Samuel Paz, by Roberto Velasquez-Rodriguez 369 The Status of Nuclear Weapons under International Law, by Elliot L. Meyrowitz 370 Civil Disobedience: Defenses That Keep Issues at the Fore, by Peter Goldberger 373 Guild Presidents Sound the Alarm, by and Barbara Dudley 376

TWENTY The Future Lies Ahead (1984- ) 378 Legal Services for the Poor, by Simon Rosenthal 382 Immigrant Rights and Sanctuary, by Susan Gzesh and Marc Van Der Hout 384 Respice, Adspice, and Prospice, by Haywood Burns, introduced by Leora Mosston 387 1980s Civil Rights Work, by Tom Meyer and Ann Noel 391 State of California v. , by Stephen Bingham 393 NLG Leads Battle at California State Bar, by the Los Angeles Chapter State Bar Committee 397 International Work, by the International Committee 399 The Priority of Work on Peace Law, by 1986 National Convention 400 Freedom Is a Constant Struggle, by the Editors 402 Looking Ahead, by Haywood Burns 406

APPENDICES A: Guild National Conventions and National Officers 409 B: National Guild Journals and Newsletters 412 C: Winners of National Guild Awards 414 D: National Officers, Chapters, Projects, Committees, Task Forces, and Caucuses (1986-1987) 415 E: Books Published by the National Lawyers Guild 418

Index 421