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March 21, 1967 - Image 2

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Publication:
The Michigan Daily, 1967-03-21

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PAGE TWO

THE MICHIGAN DAILY

TUESDAY, MARCH 21, 1967

- PAGE TW& THE MICHIGAN DAILY TUESDAY, MARCH 21, 1967

A. -~

LOW-COST QUALITY RECORDS:
Classical Records Fit Budget;
Firms Release Bargain Di scs

IN COURT TODAY:
Faculty Civil Liberties Board Presents Brief

By R. A. PERRY
One -of the few things that has
gone down in price in the last few
years has been the price of clas-
sical records. For the student rec-
ord collector who commands a
small budget, the recent abun-
dance of bargin labels has created
a musical paradise.
Although London, RCA, Victor,
and Columiba have always re-
issued a few cheaper discs, the,
company that truly began the
wave of bargain labels and set the
format was Nonesuch, released by.
Elektra. Nonesuch not only offered
top quality sound reproduction and
full, scholarly annotations, but
they also introduced to the
Schwann catalog many unrecorded
works, especially in the Baroque
genre.
This --month's newest releases
from Nonesuch typify the com-
pany: a few truly important rec-
ords, a few performances that are
outclassed by other versions, and
a few recordings that will interest
only the collector seeking esoteria.
Haydn's "Seven Last Words of
Christ" never -gained much pop-
ulai ity, probably due to the aus-
terity of the work in the usually
-performed quartet version. Com-
missioned by a church in Cadiz,
Haydn was obliged to write seven
short ' onatas" that would each
follow the priest's incantations of
one of Christ's "last words. The
difficulty of composing seven suc-

cessively serious interludes with-
out being boring self-admittedly
challenged Haydn's genius, and
some critics feel that he failed.
Indeed, the joyous lyricism and
with may be lacking here, but
Leslie Jones and the Little Or
chestra of London carefully reveal
the religious serenity and ,subtle
drama that Haydn was able to
evoke, espically in "Women, behold
thy son." For those who know
Haydn's masses, this highly rec-
ommended disc,. well reproduced,
provides another view, and is
superceded by no other recording
in the catalog (H 71115).
In a totally different mood, the
Concentus Musicus of Denmark
provides us with a thoroughly de-
lightful recording, splendid, in
stereo, of 17th century Masque
music. The masque was a dramatic
form that included music, dance,
and poetry, a form in which the
musicians themselves took part in
the spectacle. In the twenty varied.
pieces beautifully played and sung
on this record, there is not a mo-
ment of gloom. If you wish to hear
an expression of Elizabethan
courtly passion at its coolest, listen
to Coperario's hymn to Hymen
(H 7-1154). f
The Beethoven Quartest Num-
bers 5 and 6 as performed by the
Cla-remont Quartet (H71152) can-
not be recommended as highly as
the above. The Claremont Quartet,

founded in 1956 and devoted most-
ly to new music, is actually a fine
group, and their performance here
of two of Beethoven's cheeriest
quartest is skillful, well-balanced,
and deeply felt. The competition
is too great, however, and this
rendition lacks the ultimate co-
hesion and grace of the Budapest
reading on Columbia. The record-
ed sound, far from perfect, dis-
trots the first violin in loud, high
passages.
(Monitor, another budget label,
has begun reissuing the out-of-
print pressings of the Parcal Quar-
tet, whose Beethoven cycle is more
powerful and exciting than any
other.)
Another new Nonesuch record-
-ing (H71155) couples the Rach-
manioff Sonata in C minor with
Kodaly's Sonata Opus 4, both for
cello and piano. Though Rach-
manioff is as "out" now as Long-
fellow, this work contains the ex-
pected lush, Romantic melodies
and dramatic climaxes that will
please many. (It was' composed in
the ,same year as the Second
Symphony.) Kodaly's Impression-
istic piece contains a lyrical first
movement and a more dissonant,
fierce closing allegro.
Earl 'Wild, the pianist, is known
for his virtuosic technique and in-
deed he overpowers the cellist,
Harvey Shapiro. The latter never
fuses with the music to any con-
vincing degree and moreover he
produces a rather thin tone; but
his playing is competent and live-
ly. There are no other recordings
of these pieces to speak of and
the chamber music lover should
find much to enjoy in them. The
sound in stereo is resonant and
remarkably clean.
In a final release, the Angelicum
Orchestra of Milan play two other
pieces new to the Schwann cata-
log: Geminiani's "The Enchanted
Forest" and Locatelli's "II Pianto
D'Arianna." These two 18th cen-
tury attempts at semi-program-
matic theatrical music, sans Baro-
que rhythmic and harmonic com-
plexities, emerge, alas, as dull. For
some late night reader, however,
they may provide apt background
music. Performance and sound,
except for some end-groove dis-
tortion, are acceptable (H71151).
(Recordings w e r e obtained
through the courtesie of Discount
Records.)

EDITOR'S NOTE: Following are
essential excerpts fronm the Amicus..
Curlaw (Friend of the Court) brief
to be filed today in Ann Arbor
Municipal Court by the University
Facuity Assembly Civil Liberties
Board in behalf of Cinema Guild:
After requesting permission to
be heard by the court the Civil
Liberties Board briefly summarizes
the seizure and concludes:
"At no time was the film in
question ever brought before a
judge or magistrate; nor was any
warrant ever issued for its seizure;
nor was any judicial determina-
tion ever made as to whether the
film constituted obscene material
with the meaning of the first
amendment.
II. The Scope of the Consti-
tutional Issue Raised by the
Motion to Suppress
The motion to suppress raises
the question whether the proce-
dure employed by the police in
this case to enforce the state's ob-
scenity law is consistent with the
first amendment. A consistent line
of recent decisions by the United
States Supreme Court establishes
with abundant clarity that proce-
dures employed to suppress ob-
scene materials must contain
adequate safeguards "to assure
non-obscene material the consti-
tutional protection to which it is
entitled." Marcus v. Search War-
rant, 367 U.S. 717 (1961); A Quan-
tity of Books v. Kansas 378 U.S.
205 (1965), Freedman v. Mary-
land, 380 U.S. 51 (1965); Smith v.
California, 361 U.S. 147. (1959).
The issue posed by the motion
to suppress thus transcends the
question whether any particular
film, book or performance is ob-
scene or protected speech under
the first and fourteenth amend-
mends to the federal Constitution.
For whether or not the film Fla-
ming Creatures is found to be pro-
tected under the federal constitu-
tion, the mode of seizure utilized
here, unless held to be illegal, can
freely be used another time to re-
move from circulation any item,
however clear its constitutionally
protected status might be.
The reason no such procedure
can survive a test of constitution-
ality is that it may be as readily
exercised against protected free
speech as against pornography.
Significantly, even today no one
can say that the film Flaming
Creatures is, of is not, one pro-
tected by the Constitution, because
the only institution in the society
Program information 2-6264
NjT.-RTATE
ENDS FRIDAY!

which has been vested with au-
thority to make that determina-
tion-the court-has not passed on
the question. Thus the power to
act as arbiter of public perform-
ances, which the Supreme Court
has prohibited even to courts in
the absence of a prior adversary
hearing, and which the University
does not-under academic free-
dom principles-permit to be exer-
cised 'by any official acting as
University censor, has here been
exercised by a single employee of
the city police department. More-
over, that power has been exer-
cised in the one way which the
Supreme Court has held most
abrasively touches the rights guar-
anteed by the first amendment-
seizure of the only available copies
of the book or performance. The
Supreme Court has made clear
that a seizure, even more than an
injunction or an arrest, is the
most likely to fall afoul of the
first amendment, since seizure
alone is an absolute restraint on
dissemination. It alone totally
forecloses further sales or show-
ings pending determination of the
legal issues. Marcus v. Search
Warrant, 367 U.S. 717, 735-36
(1961).
It is, of course, no answer that
the film will be freely available if
at the end of these proceedings
the seized film is declared not to
be obscene. The Supreme Court
has repeatedly emphasized that
any seizure prior to an adversary
hearing before a judge on the ob-
scenity question is an unconsti-
tutional prior restraint.
III. A Policeman May Not
Constitutionally Seize Materials
Which He Believes to be Ob-
scene Unless He Is Acting Under
an Order Issued by a Judge Fol-
lowing an Adversary Proceeding.
What is at stake here is wheth-
er a police officer is to have the
power to determine, ex parte, that
the members of the University
community shall not see certain
films or plays, or read certain
books, prior to a determination by
a duly authorized judicial officer
that such materials may be out-
side the protection of the con-
stitutional right of free speech."
The brief brings up "Supreme
Court rules relating to the seizure
and injunctions in obscenity-free
speech cases. After reviewing the
case of "A Quantity of Books vs.

Kansas"; the brief cites the court
decision that:
"it is no answer to say that ob-
scene books are contraband, and
that consequently the standards
governing searches and seizures of
allegedly obscene books should not
differ from those applied with
respect to narcotics, gambling
paraphenalia and other contra-
band." 378 U.S. at 211-12.
The standard for free speech
cases does differ, and it requires
nothing less than a judicial "ad-
versary hearing" Id. at 211, before
any seizure can constitutionally
be made. The absense here not
only of an adversary hearing, but
of any judicial supervision at all
priror to the seizure, leaves no
doubt of its unconstitutionality.
IV. Motion Pictures Have Ex-
pressly Been Found Entitled to
the Foregoing Protections
The Marcus and Kansas cases
each involved the seizure of books,
but the applicable principles are
not, as the Court held in Freed-
man v. Maryland, different when
motion pictures are involved. In
that case, which involved the
Maryland motion picture censor-
ship statute, the Court held that
while "the State may require ad-
vance submission of all films, in
order to proceed effectively to bar
all showings of unprotected films,"
380 U.S. at 58, the licensing pro-
ceeding must avoid those uncon-
stitutional prior restraints dealt
with in Kansas, the dangers of
which are created when a ban is
imposed without "a judicial deter-
mination in an adversary proceed-
ing . . ." 380 U.S. at 58.
While the Court did not spell
out precisely what a community
would have to do in order to reg-
ulate motion pictures without run-
ning afoul of the Constitution, it
did point to a New York statutory
procedure as a "model," 380 U.S.
at 60, of a constitutional proce-
dure. In essence the New York law
authorized local governments to
institute civil injunction proceed-
ings to prevent the sale of articles
found to be obscene. The statute
provided for a very speedy judicial
determination of the obscenity
isue, but most important of all the
"[p]rocedure postpones any re-
straint against sale until a judicial
determinption of obscenity follow-

ing notice and an adversary hear-
ing." 380 U.S. at 60.
This, of course, is precisely the
approach that the Court had de-
manded a year earlier in Kansas-
no restraint until after a judicial
determination following notice and
an adversary proceeding.
An examination of the Freed-
man case, even aside from its
binding effect as a constitutional
mandate, should make clear that
suppressing the evidence in this
case does not effectively prevent
a community from enforcing laws
against the exhibition of obscene
films. It simply takes the power of
czardom over the literary life of
the community out of the hands
of a policeman, and returns the
job of determining the scope of
first amendment rights where it
belongs-in a properly constituted
judicial officer, who makes his
decision after proper notice to the
parties concerned and following
an adversary hearing.
V. The Unconstitutionality of
the Seizure Would Not Be Cured
Even if the Film Were 'Hard
Core Pornography.' The Issue
of Constitutional Prior Restraint
Does Not Depend in any Way
on the Status of the Film
There is nothing in any of the
cases which have considered the
seizure to suggest that different
rules would be applicable to 'hard-
core,' as opposed to ' ordinary,'
pornography, even though the
cases seem to have involved both
types.
The brief then cites several
cases.
"The Court did not even bother
to tell us whether they were, or
were not, hard-core pornography.

If such classification affected the
constitutionality of the seizure,
identification of the kind of ob-
scenity involved would have been
essential to resolution of the con-
stitutional issue. Failure thus to
classify the material indicates de-
cisively that this distinction is
viewed as constitutionally irrele-
vant by the Court.
VI. The Proper Remedy for A
Unconstitutional Seizure is Sup-
pression of the Material There-
by Seized, Its Return to the
Party from Whom It was Seized
and Dismissal of the Prosecu-
tion"
The brief then goes on to dis-
cuss several precedents to back
point VI. The brief concludes:
"For all the foregoing reasons,
the Civil Liberties Board as Ami-
cus Curiae urges this Court to
order the suppression as evidence
of the film seized, its return to
the parties from whom it was
seized and the dismissal of the
prosecution herein against the de-
fendants."
Respectfully submitted,
-Joseph L. Sax
-Terrance Sandalow, of Counsel
Attorneys for the Civil
Liberties Board of the'
University of Michigan
Assembly, AMICUS CURIAE

Read
Daily
C lassifieds

A4

Attorney General JDeclares,
No Need for Wiretapping

I

THIS SATURDAY NIGHT

Hill Aud.

WASHINGTON (P)-Atty. Gen.
Ramsey Clark assured a Senate
hearing yesterday that outlawing
wiretapping and electronic eaves-
dropping would not aid criminals
nor in any way-limit his depart-
ment's war on crime.
rithe contrary, Clark said, the
ban would aid law enforcement
because manpower now devoted
to Wiretapping by state and local
police could be "more beneficially
used for public safety."
The attorney general gave his
views at the opening of Senate
Judiciary subcommittee hearings
on Presiderit Johnson's proposal
to prohibit wiretapping and elec-
tronic eavesdropping except in
cases directly related to national
gecurity.
"Public safety will not be found
in wiretapping," Clark said. "Se-
curity is to be found in excellence
in law enforcement, in courts and
in - corrections. That excellence
has not been demonstrated in
wiretapping. -
"Where is the evidence that this
is an efficient police technique,"
Clark asked. "Might not more
crime be prevented and detected
by,, other uses of the same man-
Across
Campus
WEDNESDAY, MARCH 22
12:30 p.m.-The School of Music
willpresent a departmental voice
recital in the- School of Music
recital hall.-
8:30 p.m.-The School. of Music
will present the University Choir
with Orchestra, Brass, and Tym-
pani Ensemble., conducted by May-
nard Elein, in Hill Aud.

power without the large-scale, un-
focused intrusions on personal
privacy that electronic surveillance
involves."
Johnson's proposal not only
would bar wiretapping and elec-
tronic eavesdropping, even under
court order, but also would pro-
hibit 'the manufacture, shipment
or advertisement in interstate
commerce of devices used in such
surveillance.
The president has asked Con-
gress also to improve the law en-
forcement machinery of states and
communities t h r o u g h federal
grants and to aid in other aspects
of justice and criminal corrections.
Legislation banning wiretapping
has failed 16 times consecutively
to get through Congress, but Sen.
Edward V. Long (D-Mo), subcom-
mittee chariman, said that chances
look good this time.

CINEMA 11

"YOU'D BETTER GO SEE IT
AS SOON AS YOU CAN.
Sylve is superb-playing the
leading role in a umaner, that
should etch it forever on the
memories of those who see the
film. Delightful and touChing.,
- Craws. N.Y. T'mes
Thursday

Dial
5-6290

BERTOLT BRECHTS
'the
STAN SYLVIE NG RCCTEO BYRENE ALO
"HOTEL"

Ends
Wednesday

THE INTERNATIONALLY FAMOUS
19-PIECE
of
,itJA ZZ BAND
Bruce W. Fisher, Director
... Surpassed all my finest expectations."
-The Sunday Chronicle
DON'T MISS THE FINEST IN
BIG BAND JAZZ
Tickets: $1.00 at Discount Records or at the door
The University of Michigan
Gilbert & Sullivan Society
presents
PATIENCE
March 22, 23, 24, 25
Wed., Thurs. Performances . ......... -. $1.50
SFri., Sat. Performances ........... $2.50
Sat. Matinee ... . .............. $1.50
Tickets on sale 9:00 to 5:00 Lydia Mendelssohn Box Office

A

4

.EST FILM OF
19661"
National Society of Film Critics
A Carlo Ponti Production
Antonioni's
B1LOW-1111UP,
Vanessa Redgrave
David Hemmings - Sarah Miles
COLOR
IRecomended for
'at audenc ,
A Premer Productions Co..Inc.Releae.
Dial 8-6416

A-

,L

\-'

a

elm],
this week
- THURSDAY& FRIDAY
Two of the finest
anti-war films
NIGHT & FOG
dir. Alain Resnais
(director of
"La Guerre est Finie")
LET THERE
BE LIGHT
dir. John Huston

I

.

I

SESQUICENTENNIAL

PURIM

1967-5727

Hillel Experimental Debates
Program No. 10
Sunday, March 20 at 7:30
"SINS OF THE HAMANTASCHEN
VS.
FLAMING LATKES"

MICHIGAN
MEN'S
GLEE CLUB..
4p!ih9 Cirncert
SATURDAY, APRIL 1
BLOCK SALES START

SINNERS
PETER M. BAULAND
English

FLAMERS

MARVIN BRANDWIN
Psychology

I II

I

1111

I

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