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eatures of S.1437

with prosecution under the act following their trips to Vietnam. Senator Kennedy, who had credited S.1437 for its repeal of the Logan Act, moved to accept it as an amendment without objection.

Obscenity: For the first time enacts a federal obscenity statute based on widely varying "community standards," making publishers and distributors liable to criminal prosecution in every city and town which has imposed stricter obscenity standards than prevail nationally. Further, prosecutions under the obscenity provisions were extended to include nonprofit commercial dissemination.

..Failing to obey a public safety order: No com. parable offense exists under federal law. Members of the press and public could be ordered to disperse by a federal "public safety officer" whenever the officer believes there is a risk of serious injury or damage to property on any federal property such as parks, buildings, Indian reservations, federal offices.

Demonstrating to influence a Judicial proceed. ing: Would prohibit pickets, parades, etc. within 100 feet of a courthouse while any judicial proceeding is in progress, or within 100 feet of any building occupied by a judicial official. This could be used to improperly shield the courts from public opposi tion to "political trials."

· Making a false statement: For the first time explicitly makes it a crime to make a false oral statement to a law enforcement official--without presence of counsel, corroborating witness, or oath require.

ment.

.. War: Eliminates the definition of war. Many of the bill's provisions contain severe penalties for

crimes occurring during a "war," leaving unclear and up to the courts to determine when a state of war exists. Should limit war to congressionallydeclared action, as per Constitution.

Conspiracy, attempt, and solicitation: These offenses can be used as dragnet devices to permit the government to extend its criminal net beyond the range of those who physically engage in wrongful activity. This poses serious dangers for those involved in political opposition to government policies.

Sabotage: Could be read to include opposition to the development of weapons, preparation for war or defense activities, labor disputes in "defense" industries.

Obstructing a government function by physical interference: Virtually every mass demonstration would fall within the broad language of this section-an influx of cars carrying demonstrators could trigger it, for example.

Compulsion of testimony of witnesses: Cuts to the heart of the Fifth Amendment by compelling testimony which had been refused and forcing imprisonment for continued silence.

.. Admissibility of confessions: Permits a confes. sion to be admitted as allegedly "voluntary" even when the defendant did not receive the protective Miranda warnings prior to police interrogation.

Extortion and blackmail: These sections would put the Federal government in the business of intervening in the conduct of labor disputes. For example, charges could be brought in any labor dispute in which a strike threatens an employer with "economic loss of injury," or in which property damage occurs.

.. Press freedoms endangered: Retains broadly drafted espionage laws against unauthorized disclosure of Information which were used to prosecute Ellsberg when he released the Pentagon Papers. Journalists face prosecution for refusing to reveal confidential sources, thereby cutting off flow of information to the press.

LAS

Federal Bills Pending

HR 6075 (Pregnancy Discrimination Bill): This bill passed the Senate last September after surviving an attempt to add an anti-abortion amendment. A similar amendment by Rep. Beard was defeated in subcommittee by a vote of 5-3, but will almost certainly appear in full committee and on the Floor. The bill prohibits discrimination under Title VII based on pregnancy, childbirth or related medical conditions, which include abortion. It was introduced with the support of a large proportion of Congress to counteract the GE v. Gilbert decision.

—

Urge your Representative to vote for this bill without any amendments. If abortion is excluded, employers will be permitted to discriminate against a woman (for example, in hiring or firing because she has had an abortion, or desires an abortion in addition to being able to refuse benefits for abortion procedures. It will also affect the Congressional support which comes largely from pro-choice members who could not support the bill with such an amendment.

S 2142/HR 9332 (Federal Aid to Sectarian Schools): This bill may well be the most serious attack on church-state separation in our generation. Write to Senators Glenn and Metzenbaum and your Representative to oppose this repressive multi-billion dollar proposal ($5-$6 billion per year through tuition reimbursements and tax credits for private schools) which will violate the First Amendment provision of separation of church and state.

S 1845 (Polygraph Control): Support Birch Bayh's bill which will ban the use of lie detectors by private employers and most government agencies. The test commonly includes questions about sexual habits, religious beliefs and other personal matters, and are used widely throughout the nation. Experts maintain the machine is only 65% to 70% accurate and many subjects are wrongly implicated because of personal problems or nervousness.

...at the state level...

HB 484. This bill prohibits certain employment practices as discriminatory against pregnant workers (similar to HR 6075 above); letters of support should be sent to members of the House Rules Committee.

HB 593. This bill provides for the right of people getting married to choose their married name and allows parents the right to choose their child's name at birth; presently, parents cannot give their child a hyphenated name at birth; this bill will correct this and also assure women the right to keep their birth names after marriage, if they so choose; letters should be sent to members of the Ohio Senate.

HB 600. This bill establishes a bill of rights for nursing home patients; letters should be sent to members of the Ohio House.

April, 1978/What She Wants/Page 9