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ACLU — Part 3
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Weeldy Bultetin #1583 Wo 3. : March 25 1953" os!
SUPREME COURT REFUSES-REVIEW OF CALIFORNIA VAGRANCY Layj’.*:
The U.S. Supreme Court has refused to réview a test’ case brought by ‘ACLU
‘test a California vagrancy law that defines a vagrant asa "dissolute person!
high court's action was. based on a procedural point. tee .
The case involved Isidore Edelman, a Los Angeles political, economic, and.
religious orator in Pershing Square, who was arrested in September, 1949, on a com-.
plaint under the vagrancy statute. This statute imposes a fine and/or imprisomu nt.
for-an "idle, or lewd, or dissolute person", The jury returned a verdict of guilty.,
after having been charged by the judge to consider Edelman as "dissolute" if they’ -
found him to be a lawless person on the basis of his having begged, or indulged _in |
indecent conduct, or used slanderous » vulgar, and profane langua; ‘toe :
The ACLU Southern California affiliate argued before the Supreme Court that”
-the law is loose, uncertain, and vague, and therefore unconstitutional. But Mr. 7"
Justice Clark, writing the 7-2 majority opinion, held that this defense had not been
raised early enough, appearing for the first time on appeal. He contended that d:
missal of the appeal by the California Supreme Court could have rested on adequate:
state grounds, not involving the federal constitution, Justice Clark suggested,*
however, that a writ of habeas corpus might now be filed to test the constitutiol
of the state law, . ‘ “: meh Fe -
Justices Black and Douglas dissented, contending that the refusal of the.’ >
Appellate Court of California to review was in itself a denial of due Process of.
Pointing out that_the legislation was obviously unconstitutional, Justice Black
insisted that "courts should be astute to examine and strike down dragnet legislat:
‘:~ used to abridge public discussioni#Hi » pointing to the fact that the major reason
Edelman's conviction was the content of specches he had delivered in public.
BOOK NOTES
THE HOUSE UN-AMERICAN ACTIVITIES COMMITTEE by Professor Kobert K, Carr, 489 pages 532)
Cornell University Press, L. past
This is another contribution to the excellent series published under the ti:
"The Cornell Studies in Civil Liberty", made possible through a grant of the Rock
feller Foundation, .
Prof, Carr traccs the history of this controversial House committee since it’
became a permanent group in 1945, Examined against a general background of Congréss;
and the campaign against subversion, the arcas covered are the comnittec's persone!
staff, publications, the press! treatment of its work, and court review of its
activities. The book ends with an evaluation by Prof, Carr of the committee's
EQUALITY BY STATUTE by Morroo Berger, with a foreward by Robert NacIver, 238 pag
published by the Columbia University Press, a eo oe
A valuable contribution to the literature on the problem of discriminatior
segregation. The author compares civil rights today and during the Reconstructior
> --Period and discusses the role of. the Suprome Court in two. periods ,_1868-1937_ anc
1937-1950, in meeting this issue, Onc chapter is devoted to an analysis of the:
New York State Law against Discrimination; there is also a general
control ef prejudice through law, . one Be
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