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Freedom to Read Foundation News 50 EAST HURON STREET, CHICAGO, Illtnots 606R1 PHONE (312) 944-6780 Florence L,4Cmullin, President Judith F

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Freedom to Read Foundation News 50 EAST HURON STREET, CHICAGO, Illtnots 606R1 PHONE (312) 944-6780 Florence L,4Cmullin, President Judith F Freedom to Read Foundation News 50 EAST HURON STREET, CHICAGO, ILLTNOtS 606r1 PHONE (312) 944-6780 Florence l,4cMullin, President Judith F. Krug, Executive Director Volume I Winler 1980 No. 2 U.S. Supreme Court Aclions Moore v. Younger Justices Reject Oregonian's California Legal Batile Conspiracy Appeal Reaches Finish Line In a round of decisions announced in December, the In a letter mailed to California librarians in Febru- U.S. Supreme Court declined to revicw the criminal con- ary, thc Frecdom to Read Foundation announced final spiracy conviction of Frank Giese, No justice voted to victory in the Foundation's long-pending action in hear the case. Moorc y. Youngq, thc suit which challenged the con- Giese, a former teacher of French at Portland State stitutionality of California's "harmful matter" law and University and proprietor of the Radical Education Proj- its applicrbility to lihrrry servicc\. ect Bookstore. was convicted of engaging in a conspiracy In a letter dated Dccembcr 31, 1979-sent to Califor- to bomb Army and Navy recruitment centers in 1973, nia State Librarian Ethel S. Crockett at the direction of supposedly in protest against U.S. participation in the U.S. District Court Judgc Harry Prege rson-California Vi€tnam war. Attorney General George Deukmejian declared: In its friend-of-the-court brief in the case, the Foun- "While thc Attorncy General continues, as previously dation told the justices that the U.S. Court of Appeals' indicated, to disagree with the interpretation of the Cal- decision against Giese could have a "devastating" impact ifornia Harmful Mattcr Statute, California Penal Code on the freedom to read and discuss books. sections 313-313.5, rendered by the Superior Court in In the words of then-Judge Shirley Hufstedler, Presi- Moore v. Younger, L.A. Sup. Ct. C85493, the State of dent Carter's choice to head the new Department of California is nevertheless bound by that decision in all Education, Giese's conviction was "obtained by patently respects." inadmissible evidence of the contents of the book Frorn In his order of January 13, 1975, Los Angeles County lhe Movement loward Revolution [by Bruce Franklin], Superior Court Judge Robert P. Schifferman stated: which the prosecutor forced Giese to read to the jury "The court declares that it was the intention of the after defense counsel's objection to the admission of the Legislature to provide librarians with exemption from book had been overruled." According to Hufstedler, application of the Harmful Matter Statute when acting "The prosecutor used the contents of the book to con- in the discharge of their duties. vince the jury that the ideas expressed in thc book were "The court declares alternatively that the availability Giese's own and that he acted on those id(as to fornr a and distribution of books at public and school libraries conspiracy to blow up rccruiting centers." is necessarily always in furtherance of legitimate educa- Giese's fingerprints were found on several pages of tional and scientific purposes for which these libraries From the Movement toward Revolution, and on cross- were founded, and accordingly, librarians are not subject examination the prosecutor required him to read aloud to prosecution under the Harmful Matter Statute for dis- several passages, including one which quoted Che Gue- tributing library materials to minors in the course and vara as saying that "armed struggle is the only solution scope of their duties as librarians." for people who fight to free themselves." Because the state attorney general refused to accept The Justice Department urged the Court to deny Judge Schifferman's ruling as binding outside the Supe- Giese's petition, saying the book had been used properly rior Court's immediate jurisdiction, Foundation attor- in the trial to rebut Giese's use of other books to attest neys asked Judge Pregerson to take the action which to his good character. resulted in the Ietter to the state librarian. The plaintifts in the action were Everett T. Moore, the Novelisl and Publisher Lose Libel Fight Board of Library Commissioners of the City of Los An- In their December rulings the justices also refused to geles, Albert C. Lake, Robert E. Muller, Chase Dane, review a $75,000 libel judgment against a novelist and the Rev. Charles J. Dollen, the American Library Asso- (Continued on p.4) (Continued on p. 5) 1980 Slale Ulah Librarian Returned to Job Committee Nominales Jeanne Layton, director of the Davis County (Utah) Ten for Board of Trustees Library until she was fircd last September, resumed her Ten candidates for the Frcedom to Read Foundation's duties on January 14 aft€r the Davis County Merit (civil service) 1980 elcction have been siatcd by a comrnittee composed Council found that she had been fired without cause. of Trustces Richard P. Klecman, Crace P. Slocum. and The council madc the determination as ordered Nancy D. Bolt, chairperson. by the U.S. District Court in Salt Lake City. "lt's Trustccs to fill flvc scheduled vacancies on thc Board a major victory," Layton told A nterican Libraries (Feb. of Trustccs will be chosen flom thc following list of can- 1980), "but it's a long way from being resolved. didates: The other side may appeal." The "other side" County Commissioner Morris F. Rebecca Bingham. Directt>r. Librlry Media Scrviccs. Srvapp and the two other library trustees who voted to Jellerson Countl Board of Education. Louis,, illc. Ken- dismiss her, Sharon Shumway and Robert rucKy. Arbuckle- did in fact dccide to appcal the Merit Council's ruling in . Pamela G. Bonnell. Librarian. Rcsearch Library, Of- thc state court s-v-stem. In March, at the library board's fice of thc City Manager. Mlnagemcnt Sen'ices, request, thc Davis County attorney asked the Iocal state Dallas. couft to Rnd that Utah library directors do not enjo)' . Robert N. Case. Direcbr. Lancilster County Library, civil service protection and may be removed at the pleas- Lancaster, Pennsylvania. ure of countv authorities. Joan Collett. Librarian and Executivc Director. St. Robert D. Duffin, chairperson of the three-member Louis Public Library. Mcrit Council, said the decision to rcinstate Layton was . Burton Joseph. Attornev, Lipnick. Barsl and Joseph. unanimous. Undcr the federal court order. the council Chicago. had to determinc whether authorities followed proper . Margaret Lcfever, Head. Media Center, Bethesda- proccdure in La-vton's dismissal, and whether there was Chevy Chase High School, Bethcsda, Maryland. "cause." . Helen Mcyer, Editorial Consultant, Doubleday and The Merit Council ruled that the library board's com- Company, New York. pliance with procedural requirements was "minimal" but . Elliott L. Shelkrot, State Librarian, Pcnnsylvaniir State suflicient to satisfy merit regulations. However. the coun- Librarv. Harrisburc. cil said thc librun' board "feilcd to establish that . Henry R. Stcwart, Associate Dcan, Managentent and II-av- ton s] termination was with cause." Public Services, Old Dominion University, Norfolk, Virginia. Fede.al Suit Filed . L. B. Woods, Assistant Profcssor. Craduate Library Still pending in federal court is Layton's suit against School. L.lniversity of Rhodc Island. Kingston. Swapp, Shumwav. and Arbuckle. Thcr- are accused of According to FTRF election rulcs, at lcast two candi- having violatcd l-ayton's constitutional rights and the dates must be nominated for each vacancv on the Board. First Amendment right of thc citizcns of Davis County Ballots will be mailed on May 1 to all persons holding to read controversial literature. including Don Del-illo's paid membership in the Foundation on that date. Auericana, which Swapp wantcd removed from Davis County Iibraries. La-vton wants the federal court to award Nominations by Petition her monetary dlmages and legal fees. Persons who wish lo nonlinate candidates br petition To datc, the Freedom to Read Foundation has sup- should submit twentv-five signaturcs of current ntembers ported Layton's cause through cash grants totaling of the Foundation in support of euch candidatc. Names $9.000. In addition. the Foundation has agrccd to assist of pctition candidates, statcments of consent from the the Litah Librarv Association in prcparing a legal re- candidates, and the required signatures to support each sponse to thc Davis Countlr attorncy's contention that must be reccived by thc executivc director of the Foun- head librarians in Utah do not qualify for civil service dation no later than April 18, 1980. protcction. Current Trustees Elected trustees currently serving on the Foundation Board are Ncil H. Adelnran (1980), Nancy D. Bolt (1980), Eli M. Oboler (1980). Sophic Silberberg (l9lt0), Frcedom to Read Foundation lrews is edited by the statf of the Ollice for Intellectual Freedom, American Library Associa- Grace P. Slocurn ( 1980), Mary K. Chclton ( 1 98 I Ken- ), tion. lt is issued quarterly 10 all members of the Foundation, neth Donelson ( 198 I ), Richard P. Kleeman ( I 981), and Regular membership in the Freedom to Read Foundation Florence McMullin ( 1981). begins at $10.00 per year. Contributions to the Foundation should be sent to: Freedom to Read Foundation, 50 E. Huron (Corttittued on p. 5 ) St., Chicago, lll. 60611. All contributions are lax-deductible. 2 Trustees Honor Late Justice Douglas Zykan v. Warsaw Communily School Corp. Highlighis of Chicago Midwinier Meeting Foundalion Files Appellate Brief In q presentation to the Council ol the American Library In Support of Indiana Students Association et the ALA's 1980 Midv,inter Meeting, In a Jriend-ol:he-court briel file.l with the U.S. Court FTRF President Florence McMullin reported on the ol A ppeals lor the Seventlt Circuit in February, the Free- business transacted by tlle Foundation Trustees qt their dom to Read Fottndqtion, joined by the National Coun- Ianuary meeting.
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