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Report on Civil Liberties REPORTON CIVIL LIBERTIES JANUARY1951 - JUNE1953 AMERICAN CIVIL LIBERTIES UNION “we hold these truths . .‘I FREEDOM JUSTICE EQUALITY REPORTON CIVIL LIBERTIES JANUARY1951 - JUNE1953 AMERICAN CIVIL LIBERTIES Published November I953 UNION ‘ :‘\ ‘.\u ! l‘fF :, /_ ! ,, TABLE OF CONTENTS 5, OUR CIVIL LIBERTIES TODAY: Introduction ,...___.,.,,..,,,....,,...... 3 FREEDOM OF EXPRESSION ,..........,,..,.......... ,........ ,,... 14 Censorshipand Boycott in Mass Media ..__..._................. ,. 14 MiscellaneousFree Speech Problems ._...._.._......._..._................._,,._..............,..,, 32 Security and Loyalty Measures .._ ,. 38 Academic Freedom 59 Religion and Conscience ..__....._.,..............................,.........,. 69 JUSTICE AND DUE PROCESS ...................... .... ......................... ..................... 78 Legislative Committee Problems ........................................................................78 Executive Department Procedures ............................................ ...................... 81 Judicial Processes .... .... ... ... .............................................. ............................... 84 Wiretapping ...... .... ...... ...... ... .............. ............. ................................ .... 90 Improper Police Practices 92 EQUALITY BEFORE THE LAW ,,.. ,. .,, ,, 96 Labor Organizations ...,, .._.......... 96 Race, Creed and National Origin ,,.. 104 Self-Government 119 Women’s Rights _..... __. ,.__.. .._.. 121 SOME INTERNATIONAL ASPECTS ,,. .._ 123 The General Picture 123 Occupied Countries 126 U.S. Island Colonies ,.. ...,. 127 BALANCE SHEET OF COURT CASES ................. ...... ............ 129 STRUCTURE AND PERSONNEL _... _... .._ 141 MEMBERSHIP AND FINANCES ..__....... ,,. 149 3 CIVIL LI Patrick Murphy Malin Executive Director FOREWORD This report on the main developments in the field of civil liberties and the work of the American Civil Liberties Union covers the thirty months from January 1, 1951 to June 30, 1953, as the report printed in June * 1951 covered the eighteen months from July 1, 1949 to December 31, 1950. I am deeply apologetic for the trouble and disappointment caused to our members, to libraries, and to others by this postponement and com- pression,which is one of our serious faults. But there is )Iling as it is simple: the last three years and a half have brought challengesto civil liberties in unprecedented number and severity, variety and novelty, and unprecedented demands from many quarters that the Union should immediately and sizably expand to help meet the emergency. NOW that the Korean truce promises some reduction in emergency pressure, we can plan to resumeyearly publication, beginning with the 34th Annual Report, which will cover the twelve months July 1, I953-June 30, 1954. I want our membersand other readersof this report to know something of the debt owed to my executive and clerical colleagueson the headquarters staff in New York and Washington and in the ofIices of our larger local organizations across the country. Headquarters work, for example, is just about 300% of what it was in early 1950; but the executive staff has increased only 40% to the equivalent of only seven full-time members,and the clerical staff has increasedonly 60% to a total of only seventeen.In accordancewith Board instruction, clerical salaries(under union agreement) have been raised to the normal market level and executive salariesto nearly normal; bur what is not normal is the tremendous increase in hourly productivity, and the incalculable amount of overtime work.’ Surrounding our tiny employed staffs stand the unpaid many who have always done most of the Union’s work, and who now enable it to carry on what must be several million dollars worth of activity (at commercial rates for such time and talent) on a budget which-despite its tripling since 1949 -is even this year well under $300,000. The Board of Directors and the National Committee, the governing bodies of our local organizations, the members and advisers of our specialized committees, the cooperating attor- neys, the State Correspondents,the national and local office volunteers, and the general members (who serve civil liberties not only by their contribu- tions but also by being informed and alert and active)-all these are saving “the sum of things,” not for pay but for love of freedom and justice and equality. 3 THE FOUNDATIONS OF DEMOCRACY America’s liberal democracy is built on freedom, justice and equality. The main elements in these foundation-stones are what we call civil liberties. They are freedom of inquiry and communication, justice in due process and fair trial, and equality before the law. The civil liberty of freedom in American democracy is not a charter of anarchy. As set forth chiefly in the First Amendment to the federal Consti- tution, it is freedom of religion, and freedom of speech and press and peace- , able assembly and petition. The civil liberty of justice in American democracy is not a guarantee thar every decision will be correct. As set forth chiefly in the remainder of the original Bill of Rights (the first ten Amendments), it is scrupulous observance of rules of procedure established in advance, as opposed to arbi- trary decision in a particular instance by whoever has power. It means speci- fication of charges, full and fair hearing, reasoned findings and considered judgment, and opportunity for appeal and review. The civil liberty of equality in American democracy is not an assurance that everyone shall in fact be the same-physically, mentally or morally. As set forth chiefly in the Thirteenth, Fourteenth, Fifteenth’ and Nineteenth Amendments, it means treating everyone on the basis of individual merit and demerit, not of accidental membership in any group. It means keeping separate things separate, permitting distinction in treatment only on the basis of strictly relevant functional grounds. These civil libe+es are not only fundamental because they are in the Con- stitution; they are in the Constitution because they are fundamental, for a liberal democracy. They are neither for nor against any particular proposal for solving any of the host of other problems with which every society is confronted-from the problem of sex relations to the problem of foreign policy. But they are the prime articles of our liberal democracy’s experimental faith (variously derived from its adherents’ religious belief, humanistic philosophy or personal preference) in solving all problems by keeping the channels open. Risks For Liberty Liberty is the power to do as you please,and nobody has ever had it- completely. Even within the limits imposed by the nature of the land and sea and air around him, man-however simple and free his social arrange- ments-has always sought to avoid anarchy as well as tyranny. But a free society takes its major risks on the side of liberty. On any specific matter, it may make a decision which is “reactionary” or “conservative” or “reformist” or “revolutionary.” But the basic purpose it seeksto serve by every decision is *‘liberal”-in the primitive senseof that much-abusedword. It aims every time at the best possiblebalance between freedom and order in each set of circumstances,for the sake of the largest possiblefreedom of all sorts for all men as soon and as permanently as possible. 4 Democracy is the form of government designed to serve that end; it is government, but it is government of the people and by the people and for the people. Autocracy is always superficially attractive, especially when the rapid growth of technological complexity at home, and the sudden rise of ruthless aggression abroad, multiply bewilderment and insecurity. Man re- peatedly hankers after the intelligent and benevolent philosopher-king, most of all if he can be that king. But, always and everywhere, he sooner or later discovers that it is usually someone else who is the king, and that the king- or his dynastic successor-is not intelligent or benevolent. So, with the spread and deepening of knowledge, democracy-after even the worst setback- has taken a new and firmer lease on life. Because of what he most essentially is, man chooses the risks of freedom. Minority Protection America’s liberal democracy assumesthose risks by employing republi- can and representative institutions, and by stressingnot only majority decision but also minority protection-and rights for every individual person, as a person, within any majority or minority. Those civil liberties are the core of the “rule of law” which is the heart of our kind of government and society, whosepillars are freedom and justice and equality. Read the sections of this report for detailed exposition of how freedom of inquiry and communication, justice in due process and fair trial, and equality before the law stand today. This introduction can only touch the most salient points. As for equality before the law, we happily stand close to having organized discrimination outlawed by the high courts, and are benefitting from a wide- spread and manifold activity of individual citizens and groups in all sections of the country toward eliminating it. But we shall for a long time have to deal with lag and reaction- in lower court judges, in legislators and administra- tive officials at all government levels, in our neighbors and in ourselves.There are no lynchings, but there are bombings. The filibuster and party-platform insincerity block the federal civil rights program. Labor union organizers, especiallyin the South, do not
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