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7 Civ. Lib. Dock. [i] (1961-1962)

handle is hein.civil/cvlibdok0007 and id is 1 raw text is: 




CIVIL LIhMI1E DOCKET


VOL. VII, No. 1


HIGHLIMMI ' OFTHIS ISSUE


November, 1961


     Every Case Becomes a First Amendment Case
   The Civul LIBERTIES DOCKET is now entering its seventh
 year. One of the ideas behind the DOCKET was that every
 case involving a question of civil liberties or civil rights
 could be fairly neatly categorized to make research easier
 in this'complex field. When a case fitted into two cate-
 gories, cross-references could be made.
   But more and more, difficult questions arise as to where
 the case should be filed. If a pacifist is arrested while
 defying a civil defense drill, should the case be put under
 51. Disorderly Conduct or 55. Picketing, or 120. Pacifists and
 Conscientious Objectors? (See 55.9, 55.10, 58.20.)
   When agents of the Virginia Committee on Offenses
 Against the Administration of Justice raid the offices of a
 Negro law firm in Norfolk, seeking files on plaintiffs' suits
 for integration, and the Committee then subpoenas the
 clients, and their lawyers - should the resulting law suits
 be put under 272. Criminal Penalties for Non-disclosure -
 State Committees, or 332. Criminal Sanctions in the face of
 self-incrimination pleas, or under 373. Indirect Restrictions on
 the Right to Counsel? (See Jordan, 272.12.)
   When Freedem Riders and other Negro integrationists
 are charged with kidnapping a white couple in the midst
 of demonstrations for equal accommodations, should the
 case be reported under 523. Suits to Prevent Integration,
 or 512. Racial Discrimination in Selection of Grand Jury, or
 312. Character of Evidence, or 401. Amount of Bail? (See
 Williams, 58.22.)
   These specific cases perhaps point up more sharply
 than any abstract discussion the fact that each day the
 right to speak, to think, to demonstrate beliefs, is becom-
 ing more deeply involved in every other question: integra-
 tion, conscientious objection to war and atomic testing,
 due process of law.
   Every case is a First Amendment case.

                      Categories
   If, in using the DOCKET, you occasionaly cannot find a
 case in the category where you think it belongs, please
 ponder this truism (that every case becomes a First
 'Amendment case) while you search a little further for
 another heading under which the case might have been
 put.
   Several new categories have been added in recent issues
of the DOCKET: 23. Government Information and Secrecy;
244. Kennedy-Landrum-Griffin Act; 420. Illegal Arrest; 430.
Due Process for Juvenile Offenders; 440. Due Process for In-
competent Defendants; 503. Urban discrimination (against
voters); 573. Nationality discrimination (in employment).

              The Lateness of the Hour
  This issue is somewhat late because it contains reports
:f 144 new cases- the largest number reported in one
,issue in several years. There are a few new cases on the
.rights of American Indians (602., 603.); on prisoners
serving sentences (301.6, 150.1, .2), on Arizona's new
sedition act (223.3), on deportation (358.)
  But the bulk of the new cases involves one or several
aspects of the struggle for full citizenship for American
Negroes. The United States government has filed many


new challenges to the all-white ballot box in the south
(501.). Negro parents in the south have filed many new
school desegregation cases. (522.) The N.A.A.C.P. has
filed many complaints against southern employers before
the President's Committee on Equal Employment Oppor-
tunity. (571.)
   But also in the north, many new cases have been filed. In
 Detroit, by white and Negro parents complaining of segre-
 gated schools (522.Mich2). In Chicago, Newark and
 Philadelphia by Negro parents with the same complaint
 (522.). A large number of cases have been filed involving
 discrimination in housing in the north (533.).
   Around many of these issues, clusters of legal cases
 arise. People are arrested by state officials while demon-
 strating for civil rights; they appeal, and they also file
 actions in the federal courts for injunctive relief against
 state prosecutions. Sometimes the federal government
 intervenes. Sometimes a state committee or other official
 also instigates some action. The result is that many cases
 are added to this DOCKET, and the reader with only a few
 moments to spare can gain real insight into the local situa-
 tions from'the brief case histories given.
                The Editor's Elbow...
                                        22nd'May 1961
Dear Miss Ginger,                              11
   Quite a long time ago someone, to my eternal gratitude,
put me on your mailing list for the CiviL LBERTmS
DOCKET. I think I ought to have written before to tell you
- or someone - that it has been simply invaluable.
There is nothing comparable to it in this country; and to
anyone concerned (a§ I am) with the safeguarding of
individual liberties and the encroachments of bureaucracy
it is a great help to have this skillfully compiled index to
the decisions of the American Courts. You probably have
no means of knowing, but the skeletal details given in the
DOCKET have made it possible for me to refer to many
U.S.A. decisions in New Statesman articles. I can usually
follow up your references to magazine articles at the
library of the American Embassy in Grosvenor Square.
  So this, belatedly, is a note to say many thanks and
all power to your elbow!
                            Your sincerely
                            C. H. Rolph
                            New Statesman, London

   Notice new address for the DOCKET: 1908 Virginia
   Street, Berkeley 9, California.

CIVIL LIBERTIES DOCKET
1908 Virginia Street
Berkeley 9, California
Enclosed please find my check for $7.50 for Vol. VII (Nos.
1-4) of the CIVIL LIBERTIES DOCKET.

Name

Address

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