7 JUSTICE FOR ALL , ''Nor Speak ith Double { ---­ .. ' .. Tongue'' 37th Annual Report of the American Civil Liberties Union July 1, 1956 to June 30, 1957 AMERICAN CIVIL LIBERTIES UNION 170 Fifth Avenue New York 10, N. Y. Telephone: ORegon 5-5990 Price 75¢ ------------~~--~-------------- --------------~- Board of Directors Chairman-Ernest Angell Honorary Chairman-John Haynes Holmes Vice Chairmen-Ralph S. Brown, Elmer Rice, Norman Thomas General Counsel-Edward J. Ennis, Osmond K. Fraenkel, Barent TenEyck Mrs. Katrina McCormick Barnes Lewis Galantiere John Paul Jones Daniel Bell Walter Gellhorn Dan Lacy Mrs. Dorothy Dunbar Bromley Julian E. Goldberg Walter Millis Lisle C. Carter Louis M. Hacker Gerard Piel Richard S. Childs August Heckscher George Soli William A. Delano FrankS. Horne J. Waties Waring John F. Finerty B. W. Huebsch Howard Whiteside Walter Frank Mrs. Sophia Yarnall Jacobs Edward Bennett Williams John Jessup National Committee Chairman-E. B. MacNaughton Vice Chairman Emeritus-Bishop Edward L. Parsons Vice Chairmen-Pearl S. Buck, Albert Sprague Coolidge, J. Frank Dobie, Lloyd K. Garrison, Frank P. Graham, Palmer Hoyt, Karl Menninger, Loren Miller, Morris Rubin, Lillian E. Smith Sadie Alexander Melvyn Douglas Prof. Robert Mathews Thurman Arnold Rev. Frederick May Eliot Dr. Millicent C. Mcintosh Bishop James Chamberlain Baker Prof. Thomas H. Eliot Dr. Alexander Meiklejohn Roger N. Bald win Walter T. Fisher Harry C. Meserve Alan Barth James Lawrence Fly Donald R. Murphy Francis Biddle Rev. Harry Emerson Fosdick Dr. J. Robert Oppenheimer Dr. Sarah Gibson Blanding Prof. Ralph F. Fuchs Bishop G. Bromley Oxnam Catherine Drinker Bowen Prof. Willard Goslin James G. Patton Prof. Julian P. Boyd Grover C. Hall, Jr. A. Philip Randolph Van Wyck Brooks Prof. Mark De\V. Howe Elmo Roper John Mason Brown Quincy Howe John Nevin Sayre Howard F. Burns Dr. Robert M. Hutchins Prof. Arthur Schlesinger, Jr. Prof. James R. Caldwell Gerald W. Johnson Joseph Schlossberg Dr. Henry Seidel Canby Dr. Mordecai W. Johnson Dr. Edward J. Sparling Prof. Robert K. Carr Dr. Percy L. Julian Prof. George R. Stewart Stuart Chase James Kerney, Jr. Mrs. Dorothy Tilly Grenville Clark Benjamin H. Kizer Prof. Edward C. Tolman Dr. Rufus E. Clement Dr. John A. Lapp \Villiam \V. \Vaymack Prof. Henry Steele Commager Prof. Harold D. Lasswell Stanley Weigel Morris L. Cooke Agnes Brown Leach William L. White Dr. George S. Counts Max Lerner Aubrey Williams Prof. Robert E. Cushman Prof. Robert S. Lynd Dean Benjamin Youngdahl Elmer Davis John P. Marquand National Executive Staff Executive Director-Patrick Murphy Malin Assistant Directors-Alan Reitman, Jeffrey E. Fuller, Louis Joughin Staff Counsel-Rowland Watts International Work Adviser-Roger N. Baldwin Washington Office Director-Irving Ferman (Room 601-2, Century Building, 412 Fifth Street, N.W., Washington, D.C. Telephone: REpublic 7-8123) JUSTICE FOR ALL ''Nor Speak ith Double Tongue'' 37th Annual Report of the American Civil Liberties Union July 1, 1956 to June 30, 1957 AMERICAN CIVIL LffiERTIES UNION 170 Fifth Avenue New York 10, N. Y. Telephone: ORegon 5-5990 Price 75¢ TABLE OF CONTENTS RE-DEDICATION . 4 "NOR SPEAK WITH DOUBLE TONGUE" BY PATRICK 11URPHY MALIN . 5 I. NATIONAL SECURITY . 9 The Jencks, Watkins, Sweezy, and 1957 Smith Act De- ClSlOns . • • • • • • • • • • 9 The Report of the loyd Wright Commission 12 Federal Regulations and Cases . 13 State Laws, Regulations and Cases . 15 Private Employment . 20 Right to a license . 21 II. EQUALITY BEFORE THE LAW . 24 The Civil Rights Bills . 24 The Civil Rights Scene . 25 Labor. • 34 1. External Union Problems . 34 2. Intra-Union Problems . 35 American Indians . 36 III. FREEDOM OF BELIEF, EXPRESSION AND ASSOCIATION . 37 The Roth, Alberts, Kingsley and Butler Decisions . 37 ACLU Statement on Censorship by Private Organizations and the National Organization for Decent Literature . 40 The General Censorship Scene . 41 1. Newspapers . 41 2. Books and Magazines . 42 3. Plays and Motion Pictures . 48 4. Music and Art . 52 2 5. Radio and TV . 53 6. Access to Government News and Public Records . 55 Academic Freedom . 56 1. Issues before the Federal Courts and Agencies. 56 2. State and Local Issues . ' . 57 3. Issues Within Educational Institutions. 60 4. Education and Research 61 Religion . 62 1. Church and State: Education . 62 2. Church, State and the General Public . 65 3. Problems of Religious Freedom . 67 General Freedom of Speech and Association 70 IV. JUSTICE UNDER LAW-DUE PROCESS. 73 Investigations and Arrests . 73 Due Process: the Courts . 80 Due Process: Federal Executive Departments 89 1. Citizenship, Passports and Visas, Deportations 89 2. Problems of Military Personnel . 92 Due Process: Legislative Investigating Committees . 93 v. INTERNATIONAL CIVIL LIBERTIES . 95 At the United Nations . 96 The Bricker Amendment . 97 Admission of Aliens . 98 UN Employees . 98 United States Territories . 99 The R yukyu Islands . 100 STRUCTURE AND PERSONNEL. 101 MEMBERSHIP AND FINANCES . 106 PUBLICATIONS LIST . 112 3 RE-DEDICATION .. United States! the ages plead­ Present and Past in under-song,­ Go put your creed into your deed, Nor speak with double tongue ... Be just at home; then write your scroll Of honor o'er the sea, And bid the broad Atlantic roll, A ferry of the free." (From the Ode, by Ralph Waldo Emerson, sung at Concord, July 4, 1857- four months after the 5-4 Dred Scott decision by the Supreme Court. ) .. Our cause 1s the cause of justice for all in the interest of all." (Theodore Roosevelt, born October 27, 1858) "The New World was not as ·new' as its admirers could have wished. Human nature, which included Original Sin, had crossed the Atlantic with the first immigrants and with all their successors ... and, as the twentieth century advanced and darkened, it became more and more apparent that ... a philosophy of life which was not applicable to the whole of [the Human Race] might not be applicable to any part of it in the long run." (From Arnold Toynbee, A Stud'J of Histor'J, Somervell abridgment, vol. 2, p. 339; 1957-three years after the 9-0 school decision by the Supreme Court.) I ttNOR SPEAK WITH DOUBLE TONGUE'' BY PATRICK MuRPHY MALIN Nineteen fifty-seven has been a year of portent, even for lesser minds than Toynbee's, as eighteen fifty-seven was a year of portent, even for lesser minds than Emerson's. "Justice for all in the interest of all," the American democratic cause as phrased by Theodore Roosevelt-whose centennial observance began on his 99th birthday last month-is still precariously poised between success and failure, as always and every­ where. The success of that cause throughout the world in our era, dominated by "modern western industrial civilization," depends mostly on whether the United States-the chief exemplar of that civilization­ speaks of its civil liberties with no "double tongue" in the twenty-five years between 1957 and 1982, the centenary of Emerson's death. At the beginning of those twenty-five years, American civil liberties are bound to be affected, directly or indirectly, by all of this year's portentous events: Last spring's exhilarating decisions of the Supreme Court, and the bulky report of the (Loyd Wright) Commission on Government Security; the revelations of the McClellan labor-manage­ ment investigation, and the AFL-CIO's grappling with the teamsters' union; the first Civil Rights Act since 1875, and Little Rock. Inflation. and recession. The immemorial Middle Eastern crisis, the almost equally old Kremlin power-struggle, and the brand-new sputniks! The security of the United States, and the peace and freedom of mankind, are in much greater danger internationally than they were a year ago; and recognition of the danger is much wider and deeper in American minds than it was a year ago. This may mean that civil lib­ erties will soon again be under intensified pressure, in the name of national security; but, at the present moment, we can take heart from the fact that public opinion as a whole seems to have matured consid­ erably in its understanding of which measures do-and which do not­ really serve national security. Whether or not the sputniks were produced in part on the basis of information and ideas stolen from this country by spies, it seems to be generally recognized that they signify much else about Soviet science and technology-and about our own. Americans who are both patriots and free men can be encouraged by an October 29 column of Arthur Krock ( a "balanced" man, if there ever was one! ) : "The Administra­ tion clearly has resolved its doubts about amending the McMahon act for the purpose of freer scientific exchanges with our allies. It is visibly relaxing some of its ideas of 'security' standards as applied to scientists. 5 And the frequency of progress bulletins from military installations for the production of rocketry suggests not only a drive for more progress that has its source in the highest civilian authority. It also indicates a change in the policy of secrecy that has kept the Western peoples uninformed of American military developments which the Soviet rulers either know or shrewdly suspect." We can be cheered by another thing, too. The members and sympa­ thizers of the Communist Party in this country are now a tiny and puny crew. For the police job necessary to internal security, this is a big help; you don't have to watch so many Americans whose minds are in the Kremlin's pocket, but can concentrate on the relatively few and relatively conspicuous agents sent in from abroad. And you can do that at much less cost to civil liberties than has been exacted by our panicky indiscriminate efforts to do the impossible-plug every conceivable loophole. It is not the professionals-for example, the FBI and the courts­ who have been most guilty of those excesses, but the galloping ama­ teurs-in the legislatures, the executive agencies and the public at large.