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8 Civ. Lib. Dock. [i] (1962-1963)

handle is hein.civil/cvlibdok0008 and id is 1 raw text is: CIVIL LIBERTIES OYCKET VOL. VIII, No. 1 HIGHLIGHTS OF THIS ISSUE November, 1962 Facts Are Stubborn Things The CIVIL LIBERTIES DOCKET attempts to pro- vide a multitude of facts. A quick perusal of this issue will give the reader the outlines of the civil rights and liberties picture in the United States today. Closer inspec- tion will buttress many a disputed thesis - or disprove it. The Theory The DOCKET was started in 1955 to fulfill several functions: (1) to provide up-to-date information for practicing lawyers on court cases in the civil liberties/civil rights field, so that there need be no lag between a victory in one case and the use of this precedent in other cases. (2) to record in a meaningful way the fact that thou- sands of individuals instigated law suits and defended against them and to describe the role of the United States Government and the governments of the various states in the eternal struggle to fulfill the promise of the Consti- tution and the Bill of Rights. (3) to provide material on the legal system in the United States for lawyers, social scientists and students of jurisprudence interested in finding out: What really happens, at the trial court level, after the U.S. Supreme Court says that schools shall not be segre- gated or that illegally procured evidence is not admissible or that indigent defendants shall have the opportunity to appeal? How long does justice take- in criminal cases with political or racial overtones; in malapportionment suits; in injunction suits brought by people seeking protection of civil rights and liberties? And, of course, finally: What can we, as lawyers, do to improve the administration of justice in the courts where we practice and through the advice we give our clients? The Method The DOCKET is put together in the simplest possible way: all of the available information is collected from all known sources, the facts are verified and digested, and then condensed. The Impossibility But it cannot be done. Although many new sources of information are opened up each year, many, many cases which should be reported are missed. A small staff with limited funds cannot be complete or absolutely accurate. A small printing budget turns conciseness into omissions. Hardy, SNCC teacher of Negro voter applicants, asked Def.-registrar to administer registration tests to 2 Negro applicants. This is the beginning of 501.Miss.4a, U.S. v. Wood, set in Walthall Co., tried in the U.S. District Court for the Southern District of Mississippi in Hattiesburg. But how old is Hardy, is he Negro or white, how did he come to be in that. place in Sept. 1961 on this mission, what is SNCC, what kind of person is the sheriff? And what are the real legal issues? Nonetheless There are a few things to say. This is the 30th issue of the DOCKET. The first issue reported 280 cases in 31 pages. This issue reports 635 cases in 68 pages. Of these: 200 cases involve First Amendment rights (section I); 81 involve Due Process (section II); 354 involve Equal Protection (section III). The big categories are: obscenity-14; picketing-14; contempt of Congress-15; false arrest-21; voter regis- tration-29 in 8 southern states; malapportionment-45 in 33 states; school integration-99 in 13 southern and 10 northern states; housing discrimination-23; discrimi- nation in transportation-48; segregation in recreational facilities-21; and in eating establishments--41; job dis- crimination-18. Of the 635 cases reported, 385 involve the racial issue in some way, including 66 civil liberties cases, 81 due process cases and 301 equal protection, cases. 90 of these cases arose in the north, 295 in the south. The other big social issues showing up in this issue are: charges of communism-82 cases; and opposition to war-15. Of 465 cases for which dates are available- (cumulative table) : 11 cases (.2%) are over 9 yrs. old 47 cases (9%) are over 5 yrs. old 76 cases (16%) are over 4 yrs. old 104 cases (22 % ) are over 3 yrs. old 196 cases (42%) are over 2 yrs. old The United States Government is involved, as plain- tiff or defendant, in 138 cases in this issue: As prosecutor or plaintiff in 83 civil liberties cases; 2 obscenity; 4 re COs; 5 civil disobedience; 30 Communist Party 'and members; 4 Unions; 2 passports; 3 employ- ment; 5 political deportation; 10 due process deportation; 15 contempt of Congress; 2 miscellaneous; 1 wiretap; As plaintiff or amicus in 45 civil rights cases; 24 voter registration; 3 school desegregation; 10 interstate trans- portation; 1 hospital desegregation; 2 employment dis- crimination; 1 under Civil Rights Act; 4 miscellaneous. Civil Rights and Liberties Citator Over 2,400 cases have been described in issues of the CIVIL LIBERTIES DOCKET, Volumes I-VII (1955- 1962). A Table of Cases is now in preparation listing all 2,400 cases, by categories, with citations to reported opin- ions and to descriptions in the DOCKET for unreported cases. This Table of Cases should be a tremendous time-saver. It will be included in the new CIVIL RIGHTS AND LIBERTIES HANDBOOK: PLEADINGS AND PRAC- TICE, to be published in March 1963 ($10.00), or it can be ordered separately ($5.00) from the DOCKET office.

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