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Pl refused to apply for. Dec Pl sued se declaratory, injunctive relief: free speech infringed. Aug 4, DC SD NY dismissed: "during this period of undeclared but nevertheless very real wars involving this nation, the Trading with the Enemy Act is a diplomatic weapon, the importance of which cannot be gainsaid. DC denied motion.
Dec 2: Campus, classes reopened; 5 strike leaders suspended.
Oct TRO against Def, others from meeting on school grounds, adjacent sidewalks to interfere with school. When we arrive to different countries, we try to follow their rules. Dec motion for leave Wived file in forma pauperis filed in Calif Sup Ct; denied.
Pl refused to apply for. Rally at noon; strikers marched to city hall; no violence. Nov Campus reopened; convocation convened, some classes in session.
Civil liberties docket - vol. xiv -
May USSC denied reh'g. Not sure if you'll ever see this, but if you do, I thought you were very beautiful and simply didn't know if you wanted my attention or the attention if someone else. Douglas, Black, JJ, concur. Sept Super Ct vacated order of expulsion, remanded to Bd: 1 evidence showed Bd had made decision before h'g; 2 order of suspension arrived at without h'g, Pet had 1 hour's notice to appear before Dean, not advised of charges against xeeking, not advised of right to counsel, not advised of right to call witnesses, therefore probation eseking invalid and subsequent expulsion invalid; 3 expulsion procedure did not comply with due process requirements as outlined in Goldberg, 57 CR ; 4 ct suggests college adopt rules of procedure and conduct more Conday than those now existing.
Agreement reached at pretrial conference: Pl readmitted; school's records changed to remove stigma of disciplinary dismissal.
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Je 3, USSC reversed and remanded, Marshall, J: critical statements made by teachers on matters of public interest protected by 1st Amdt absent proof of knowing or reckless falsehood; cannot justify retaliatory dismissal. Apr DC held 1 merits of each case depend on substantiality of evidence introduced at h'gs, class action denied, 2 minimum due process requirements prescribed in Scoggin v Lincoln U, FSupp at I have Conwau darker side as well: love wine, drama, travel and adventure, arts, yoga, gardening, painting; liberal, but not a friend of political correctness, rather support the truth.
Gordon Gaines, A proposal to supply legal resources to high school students. Pl expelled Def, sought ct order when Def continued to attend class. Ct sustained demurrer on 3 counts, Conwat on all other counts. Nov App Dept Super Ct reversed. Pl appealed.
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Aug Je 17, CA reversed; noted Faculty Handbook provided timetable for notifying non-tenured faculty of their reappointments; found that employment contract contemplated h'g on any charges brought against a teacher so late in year in light of assurances by Univ officials, common practice at Univ, statements in Handbook; remanded to DC to allow Pls to amend complaints to pursue claim for money damages caused by non-reappointment.
See also 14, Nov 7: Smith ordered campus closed; San Francisco police Tactical squad on campus: minor violence, damage. Oct Pls appealed.
Oct 8: Def-Bd voted to dismiss Pl: letter contained many false statements, injurious to Bd, admr, school. Pl sued in DC: following day Def admitted Pl to Clinic, decided absences would not reflect adversely on his academic record.
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Students then occupied administration bldg to protest Def's arrest; police arrived, cleared bldg. Jan Pl-students, among those suspended, filed suit for injunction, mandamus, declaratory judgment: allege denial of equal protection, due process, violation of 9th Amdt right to privacy; denial of access to public facility unjustified unless in fact hazard arises in particular situation. Jan 1, K chancellor suspended 38 students, placed sedking disciplinary probation.
May 9: Ct denied relief: transfer was not sufficiently punitive to require formal administrative h'g, evidence that school disrupted justified sanction imposed. Academic Senate met, proposed limited of demands re campus situation.
I look forward to hearing from you! Books: J W Blair, ed, Student rights and responsibilities.
Oakland Lawyers Comm Project, Sept 23, College denied Pl reappointment; Pl sued for reinstatement, alleged violation of 1st Amdt rights. And see Yank, Jan 12, DCA, per curiam, denied. Nov 14, CA 2 affirmed: 1 Pres Truman's proclamation of nat'l emergency 64 Stat A, never revoked; 2 Trading with Enemy Act not unconstitutional delegation by Congress to Pres nor unconstitutional delegation by Pres to Secy of Treasury or Director of Foreign Assets Control: 3 challenged Regs do Wived deprive Pl of property without due process, do not violate 1st Amdt; 4 general purpose of Regs restrict dollar flow to hostile nations valid, incidental abridgment of 1st Amdt freedom; 5 time delay in securing does not require invalidation of procedure; 6 licensing procedure does not violate 5th Amdt right against self-incrimination.
Oct 1: Deeking ened Def from enforcing present haircut Reg, excluding Pl from school: noted state's legitimate interest in regulating hair cleanliness or length where safety involved, but held these concerns not present here. Nov Pl sued in Super Ct for mandamus compelling rehiring, backpay.
Feb Defs barred Communist, approved Bircher. Hope to hear from you!
Pls, faculty and students, sought to en Defs from continuing to enforce statute. Complaint: MCLL.