About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

6 Civ. Lib. Dock. [i] (1960-1961)

handle is hein.civil/cvlibdok0006 and id is 1 raw text is: CIVIL LIBERTIES DOCKET VOL. VI, No. 1 HIGHLIGHTS OF THI MT o November, 1960 The life of the law has not been logic... When he was hired as a public school teacher in Orange Co., Florida in 1950, the Board of Education inadvertently omitted to ask Cramp to swear to his loyalty. The Board eventually discovered its error and asked him to execute the oath. Cramp refused on constitutional grounds, and was promptly dismissed after nine years of proving his loyalty in the classroom. (280.15) In the 1940's Owings was convicted of highway robbery and larceny and began paying his debt to society and learning to become a law-abiding citizen on a South Caro- lina chain gang. He escaped in 1947 and lived as a law- abiding citizen in New Jersey from then until 1960. His extradition having been secured, he has now been returned to South Carolina prison officials. (412.10) O'Keefe was convicted of burglary in Pennsylvania. While free pending appeal, he was convicted of participating in the $1,219,000. Brink's robbery in Boston. After serving time in Massa- chusetts, Pennsylvania requested his rendition, which Massachusetts refused, for fear he would be killed for having turned state's evidence in the Brink's case. (412.11) In 1955, the Federal District Court dismissed a school desegregation suit brought by Negro parents in Dallas. The Court of Appeals for the Fifth Circuit reversed and remanded. In 1956, the District Court again dismissed. The Court of Appeals reversed and remanded. In 1957, the District Court ordered immediate integration. The Court of Appeals reversed and remanded. In 1959, the District Court rejected plaintiff's petition for immediate integration. The Court of Appeals ordered the School Board to submit a desegregation plan by May 1, 1960. The Board proposed 12 year stairstep integration begin- ning with the first grade in Sept. 1961. The District Court suggested the Board prepare a less inclusive plan. The Board proposed a tri-school plan: some all-Negro schools, some all-white schools, some integrated schools, with pupil choice. The District Court approved the plan. The appeal has been argued in the Court of Appeals. (Boson, 522.Tex5.) One by One, (if at all) The U.S. Supreme Court handed down the Brown de- segregation decision in 1955. Today there are no Negro and white children attending integrated schools in Ala- bama, Georgia, Mississippi or South Carolina. (See 52 public school desegregation cases reported in this issue, 2 from Ga., 2 from S.C., 522.) After lengthy litigation, there are 113 Negro children in Arkansas attending public school with white children, out of 12,639 Negro students in the state. In Florida, 27 are attending desegregated schools, out of 27,052. In Louisiana, 4 out of 51,113 Negro students. In North Carolina, 82 out of 54,746 Negro students. In Tennessee, 342 out of 19,644. In Virginia, 208 out of 52,286. Many of these desegregated Negro pupils have passed physical and psychological tests, have been thoroughly screened by pupil placement boards. Law Changing Customs Until the spring of 1960, it was the custom in Danville, Virginia, for whites to sit at tables in the public library, and for Negroes not to use the library at all. After suit was filed by Negro plaintiffs, the District Court in May temporarily ordered the city to extend full privileges to Negroes. The library was closed from May to Sept., when it reopenea ior mtegrate use with all tables and chaire removed. The case was dismissed next day. (551.Va5) Habla Espafiol? Camacho, Spanish-speaking resident of New York, con- tinues, in federal court, his efforts to register to vote as a citizen literate in one language, Spanish, but not in a second, English- (501.9a) The Credit Bureau of Albuquerque has a written rule that its employees may not speak a foreign language while at work. When the New Mexico Fair Employment Prac- tices Commission, after hearing a complaint by three dis- charged Mexican-American women, ordered the Bureau to rescind this policy, the Bureau filed suit. (571.41) Freedom of Assembly Rev. Shuttlesworth and Rev. Billips sued the Birming- ham Police Commissioner in Sept. 1960. As leaders of the Alabama Christian Movement for Human Rights - or- ganized after the N.A.A.C.P. was enjoined from operating in the state - the ministers seek injunctive relief against the surveillance of organization meetings by city detec- tives. (23.9) Privacy of Organization Membership Lists The right of the Alabama N.A.A.C.P. not to divulge its membership lists to the state was upheld by the U.S. Supreme Court in 1958 and 1959. A somewhat similar case is now pending concerning the Louisiana N.A.A.C.P (204.16 and .17) This term the Court has affirmed the conviction of Mc- Phaul, of the Civil Rights Congress, for contempt of the House UnAmerican Activities Committee for refusal to produce membership lists (274.3), and the Court has dis- missed the appeal of Dr. Uphaus, of World Fellowship, for contempt of the Attorney General of New Hampshire for refusal to produce his guest list. (272.2) The decision of the Court is awaited in the case of the Communist Party v. the Subversive Activities Control Board, (211.1), in- volving the registration of the organization and the pro- duction of its membership list. Are You Now, or Have You Ever Been In 1956 producers of Salt of the Earth brought suit against 62 movie companies, charging blacklisting of plaintiffs made distribution of the pro-union movie impos) sible. When the Pls. failed to produce their managing agent to answer questions concerning his political beliefs and affiliations, the District Court dismissed the suit. The Court of Appeals for the Second Circuit has just reversed and remanded. (30.1) When Nusbaum sued a Newark newspaper for calling, him a Communist Party member or sympathizer, the newspaper subpoenaed third parties, asked them to answer' questions concerning their political affiliations. The N.J.' Sup. Ct. has just held that these witnesses need not answer the questions, can claim the Fifth Amendment privilege. (333.16) Puffing, Again This issue of the DOCKET contains 485 cases, almost twice as many as the first issue, six years ago, and is going to almost twice as many subscribers. If you are acquainted with any civil liberties or civil rights case not reported in the DOCKET, please describe it in detail for inclusion in the next issue. If you know any individuals, organizations, or libraries interested in civil libertes or civil rights issues, please introduce them to the DocKET.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most