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ACLU — Part 4
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WEEKIY my 28AL eS ee : Tegenbar 17, 2956 _
should also consid>r vhe thar the Rafugee Raliaf Act, which expires at tha end of thig
month, should be extenied to daal with tha preasing need to give these refugees
& haven,"
The Hungarian tragedy, Malin caid, mekea dranatically clear tha need for
nerai revision of Arerican immigration lews, perticularly the need to eliminats
iseriminatory barriera based on naticnal origin end to provide epeadier entry .
ough careful removal of urnsoessary seourity investigations.
NUDIST GAZINGS CHLLLENCZ NAV YCRK CITY CaNSORSHIP
The publishers and distributors of two official mgasines of nudist organisations
havo petitionsd the Kew York Sucrene Ceurt for an injunction to stap New York City ove
ficiais from preventing newsstand sale of their publications, ;
In 2 now brief en a long-pending case that has been irled tyics without a resulte
ing decision, the plaintiffs argue mainly that suppreszion of their magas ins violaies
the frea speech guarantees of both tra New York State and the Federal constitutions,
The suit was boewn in 1952 after Edward T, MeCaffrey, Naw York's commissioner of
licenses, ordered 1,2C0 city nowssiand creraters to step handling Simshine & Health
and Sim Magazine on penalty of losing their licenses. Fesidea McCEy rey, the suit
also named as a defendant forrer Felice Commissioner George P, Mensvnan of Kew York
City. Since the case first arose the pressure cn the newsstand eperators has ceased,
but the case is being pushed to win a court ruling that city officials have. no :
authority to act as censors in this manner. ;
“Under the First Asendment the plaintiffs had as uch right te publish and dis-
tributes their publicsticrs as the dadiy newepapers in Mew York have in publishing and
distributing their issves," the trief concluded. "iCaffrey's assured role of censor
soetarticularly with respect to the supcression of future issweGee.is in direct con-
flict with rights of ths pizintifis....Inteed, while the clessic censor passes upon
the propriety of printed matter whicn he has seen ard appraised, the dsfendant
VclCaffirey here claims the power to cendemn in advance matter not yet written.
The brief argued in addition that Me:
:
€ners of his action er grant them a hearin
license commissioner arplied to the mecanin : sufficier.tivy definite one
‘pen which to foumd eny system ef pricr restraint." In this latter ecanection,
Counsel for the plainiiffs reminded the ccurt of changing stardords of morality fren
year to year, as well as over lonesr reriods of tive. Tnay held that Sunshine &
Health and Gim Meeazine could not de Judaxd obscene by ary rezsonable stzrdards.
TEACHERS JOB RIC!TS TANGLED IN LEGAL PROOZEDINGS
& complicated legal skein has been woven by court procssdings involving teachers.
dn Rew York City who are challenging thelr empleyrent disriesal for refusing to answer
questions of Conersssional anvestigating committees. .
a
tH
Tre etory began in 1952 and 1953, when a number of Tew York City teachers and
eollege proressors ware diszissed uncer Sesticn 903 of ths City Chartier becsuse they
Yisadsd thetr privileces arairst selfeinerinination wien quasticned ty Canrressionsl
Cromitiess probing alleged Cennumist influence tn edutss nis charter provision
fecleres thet the clein of such praviltce’ by a city ex when quastiorned consem-
ing the performurnee of his duties cr the prorsrty or afiaies of thea City rasuite ina
forfess re of ermplcrmnt,. 2 their dismissal sons of tha washers brought
egal proceedings, claiming that they did not come within Section 903 beceuse tnay
were emplovees of indarendint : the City;, and because the rrevisior dig
not abviy to ovesticriaz oy that had no sudervision over mranicipsl
Gaouwatios, Thay eso clean oe
2sai wider the circumstances decrived thea of
Qvz process az gucrantesd by uh aneudment te the thited States
Constitution, as
@
In 195), the Hew York state Court of Appeals ruled lk te 5 that the cnsarter proe
Vision did apply and sustained tho di:nissels without discussion of the een
fesua of du proedss. Ths teachers then ell apypealad to the united Statas § bs
Court, woich rvled in april 1954, in the case of one of thar, Professor Harry Slechewer
ef Brockiys, Collore, that his cismissal was a danial-ef ‘due process, Tag arpeals ox”
the others ware dismissed wa the ercund that thoy hac net maintained their dua procass
Cleim ty empitedt sontten of it dn their orist's in ts state Court of Apreals. ime
\.
teasbors 4} tle stata covct to roconedidcr ifs position, (ihe tnited
States Sariure Courb has not yat acted en & simi? arphication,)
movaisd
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