California State Archives State Government Oral History Program Oral History Interview with FRANK C. NEWMAN Professor of Law, University of California, Berkeley, 1946-present Justice, California Supreme Court, 1977--1983 January 24, Februrary 7, March 30, November 28, 1989; April 16, May 7, June 10, June 18, June 24, July 11, 1991 Berkeley, California By Carole Hicke Regional Oral History Office University of California, Berkeley RESTRICTIONS ON THIS INTERVIEW None. LITERARY RIGHTS AND QUOTATIONS This manuscript is hereby made available for research purposes only. No part of the manuscript may be quoted for publication without the written permission of the California State Archivist or Regional Oral History Office, University of California at Berkeley. Requests for permission to quote for publication should be addressed to: California State Archives 201 N. Sunrise Avenue Roseville, California 95661 or Regional Oral History Office 486 Library University of California Berkeley, California 94720 The request should include information of the specific passages and identification of the user. It is recommended that this oral history be cited as follows: Frank C. Newman, Oral History Interview, Conducted 1989 and 1991 by Carole Hicke, Regional Oral History Office, University of California at Berkeley, for the California State Archives State Government Oral History Program. California State Archives (916) 773-3000 Office of the Secretary of State 201 No. Sunrise Avenue (FAX) 773-8249 March Fong Eu Sacramento, California 95661 PREFACE On September 25, 1985, Governor George Deukmejian signed into law A.B. 2104 (Chapter 965 of the Statutes of 1985). This legislation established, under the administration of the California State Archives, a State Government Oral History Program "to provide through the use of oral history a continuing documentation of state policy development as reflected in California's legislative and executive history." The following interview is one of a series of oral histories undertaken for inclusion in the state program. These interviews offer insights into the actual workings of both the legislative and executive processes and policy mechanisms. They also offer an increased understanding of the men and women who create legislation and implement state policy. Further, they provide an overview of issue development in California state government and of how both the legislative and executive branches of government deal with issues and problems facing the state. Interviewees are chosen primarily on the basis of their contributions to and influence on the policy issues of the state of California. They include members of the legislative and executive branches of state government as well as legislative staff, advocates, members of the media, and other people who played significant roles in specific issue areas of major and continuing importance to California. By authorizing the California State Archives to work cooperatively with oral history units at California colleges and universities to conduct interviews, this program is structured to take advantage of the resources and expertise in oral history available through California's several institutionally based programs. Participating as cooperating institutions in the State Government Oral History Program are: Oral History Program History Department California State University, Fullerton Oral History Program Center for California Studies California State University, Sacramento Oral History Program Claremont Graduate School Regional Oral History Office The Bancroft library University of California, Berkeley Oral History Program University of California, Los Angeles The establishment of the California State Archives State Government Oral History Program marks one of the most significant commitments made by any state toward the preservation and documentation of its governmental history. It supplements the often fragmentary historical written record by adding an organized primary source, enriching the historical information available on given topics and allowing for more thorough historical analysis. As such, the program, through the preservation and publication of interviews such as the one which follows, will be of lasting value to current and future generations of scholars, citizens, and leaders. John F. Bums State Archivist July 27, 1988 This interview is printed on acid-free paper. INTERVIEW HISTORY Interviewer/Editor Carole Hicke Director, University of California at Berkeley State Government Oral History Program Director, Pillsbury, Madison & Sutro History Project Director, Morrison & Foerster History Project M.A. San Francisco State University (history) B.A. University of Iowa (economics) Interview Time and Place January 24, 1989 Session of one hour February 7, 1989 Session of one and a half hours March 30, 1989 Session of one hour November 28, 1989 Session of one hour April 16, 1991 Session of one hour May 7, 1991 Session of one and a half hours June 10, 1991 Session of one and a half hours June 18, 1991 Session of one and a half hours June 24, 1991 Session of one and a half hours July 11, 1991 Session of one hour All sessions took place in Professor Newman's office in Berkeley, California 1 Editing Hicke checked the verbatim manuscript of the interview against the original tape recordings; edited for punctuation, paragraphing, and spelling; verified proper names and prepared footnotes. Insertions by the editor are bracketed. Professor Newman reviewed the transcript and approved it with minor corrections. The editor prepared the introductory materials. Papers Professor Newman's publications and papers were made available to the interviewer. Tapes and Interview Records The original tape recordings of the interviews are in The Bancroft Library, University of California at Berkeley. Records relating to the interview are at the Regional Oral History Office. Master tapes are deposited in the California State Archives. 11 BIOGRAPHICAL SUMMARY Frank C. Newman was born July 17, 1917 in Eureka, California. He attended South Pasadena, California public schools and continued his education at the following institutions: Dartmouth College (A.B., 1938); University of California, Berkeley (LL.B., 1941); Columbia University (LL.M., 1947; J.S.D., 1953); and the University of Santa Clara (LL.D., 1978). Professor Newman worked for the Office of Price Administration from 1942 to 1943, before serving in the U.S. Navy from 1943 to 1946. He joined the faculty of the University of California, Berkeley, School of Law in 1946 and served as dean from 1961 to 1966. Newman served on the California Constitutional Revision Commission from 1964 to 1972. Governor Edmund G. Brown, Jr. appointed him to the California Supreme Court in 1977 where he remained until his retirement in 1982. Since 1967, Professor Newman has traveled worldwide working on human rights issues and related matters for the United Nations and Amnesty International. He continues this work as he does his teaching at Boalt Hall. iii TABLE OF CONTENTS INTERVIEW HISTORY i BIOGRAPHICAL SUMMARY .............................. .. iii SESSION 1, January 24, 1989 [Tape 1, Side A] 1 Background--Education, music and jobs--Dartmouth College-­ Fellowship to study federal budget--Lobbying--Boalt Hall Law School: roommates and professors--Earl Warren. [Tape 1, Side B] 18 Law school courses--Graduate school at Columbia--With the OPA-­ Naval service--Retail price control for garments--Living in Washington, D.C.--More on the garment trade. SESSION 2, February 7, 1989 [Tape 2, Side A] 36 Brian Willson--Loyalty-security issues--Void for vagueness doctrine--American Veterans Committee--Loyalty-security issues at the University of California--Tolman v. Underhill--Academic freedom. [Tape 2, Side B] 55 More on loyalty issues--Tenney Committee--Civilliberties--Pat Brown. [Tape 3, Side A] 71 Right to petition--Administrative rules and regulations--American Bar Association, Administrative Law Section. SESSION 3, March 30, 1989 [Tape 4, Side A] 77 Oakland Veterans Memorial Building--British loyalty-security-­ Meikeljohn Civil Liberties Institute--Warren Commission on Unemployment Compensation--Salzburg Seminar on American Studies--Dean of Boalt Hall, 1961-1966. [Tape 4, Side B] 90 Free Speech Movement--War protests--People's Park--Earl Warren Legal Center. SESSION 4, November 28, 1989 [Tape 5, Side A] 102 Interlude on World War H--Meeting of Association of the American Law Schools, 1964--Peace and violence on campus 1964-1972-­ Flag issues--Faculty Recruitment Committee--1957 committee on new campuses. [Tape 5, Side B] 116 Hiring good law professors with help from Ford Foundation-­ Expansion in international and comparative law. SESSION 5, April 16, 1991 [Tape 6, Side A] 123 Constitutional Revision Commission, 1964--Legislative salary increase in the 1950s--League of Women Voters--Judiciary article. [Tape 6, Side B] 140 Drafting committee for constitutional revision--Bill of Rights in California constitution. SESSION 6, May 7, 1991 [Tape 7, Side A] 145 California Supreme Court, 1977-1983--Invitation and initiation-­ Staff members-challenges--Wednesday conference of the seven justices--Calendar memos--Privacy of memos--Liberal member?-­ Election, 1978. [Tape 7, Side B] 161 Investigation of Committee on Judicial Performance, 1978-1979-­ Issue of confidentiality--Legality of the hearings (issue of)--Impact of hearings--1V coverage--Famous final memo on efficiency and management of the court. [Tape 8, Side A] 176 More on memo on efficiency--Bill of Rights