Information for Researchers
Scope and Content
Collection Title: Malcolm Burnstein Papers
Date (inclusive): 1963-1994
Collection Number: BANC MSS 99/294 c
Number of containers: 4 boxes, 4 cartons, 1 card file box.
Linear feet: 7.1
The Bancroft Library.
University of California, Berkeley
Berkeley, CA 94720-6000
Phone: (510) 642-6481
Fax: (510) 642-7589
Abstract: Selected professional and personal papers from Burnstein's files relating to the Free Speech Movement defense trial, the Oakland
Seven and others. Also includes files on liberal and Berkeley politics.
Languages Represented: Collection materials are in English
Physical Location: Many of the Bancroft Library collections are stored offsite and advance notice may be required for use. For current information
on the location of these materials, please consult the library's online catalog.
Information for Researchers
Collection is open for research with the following exception:
All letters written by the FSM defendants to the judge explaining why they participated in the FSM sit-in of December 2-3,
1964 may be used for research or for any other purpose only to the extent that the identity of the author of the letter is
fully concealed, unless the written consent of the author to such use is furnished to the library.
Materials in this collection may be protected by the U.S. Copyright Law (Title 17, U.S.C.). In addition, the reproduction
of some materials may be restricted by terms of University of California gift or purchase agreements, donor restrictions,
privacy and publicity rights, licensing and trademarks. Transmission or reproduction of materials protected by copyright beyond
that allowed by fair use requires the written permission of the copyright owners. Works not in the public domain cannot be
commercially exploited without permission of the copyright owner. Responsibility for any use rests exclusively with the user.
All requests to reproduce, publish, quote from, or otherwise use collection materials must be submitted in writing to the
Head of Public Services, The Bancroft Library, University of California, Berkeley 94720-6000. See:
[Identification of item], Malcolm Burnstein Papers, BANC MSS 99/294 c, The Bancroft Library, University of California, Berkeley
Title: Free Speech Movement Records,
Identifier/Call Number: CU-309
Title: Meiklejohn Civil Liberties Institute Records,
Identifier/Call Number: BANC MSS 99/281 c
The following terms have been used to index the description of this collection in the library's online public access catalog
Congress of Racial Equality
University of California, Berkeley--Students--Political activity
Free Speech Movement (Berkeley, Calif.)
Freedom of speech--California--Berkeley
Oakland Seven Trial, Oakland, Calif.--History
The Malcolm Burnstein Papers were given to The Bancroft Library by Malcolm Burnstein on July 2, 1999.
Scope and Content
The Malcolm Burnstein Papers, 1963-1994, consist of selected professional and personal papers from his files relating to the
Free Speech Movement defense trial and liberal politics, chiefly during the years 1963 to 1973.
Files from the Free Speech Movement Lawyer's Committee form the bulk of the collection. As the Committee's coordinator for
the FSM trial, Burnstein played a major role in both the legal defense and as a liaison with the defendants. The files include
correspondence with the defendants, surveys, reports, legal notes and memos, drafts of FSM legal documents, and research materials.
Of particular note are the personal statements and letters written to Judge Crittenden explaining why each defendant was involved
in the sit-in on Dec. 2-3, 1964, along with the supporting letters of faculty on behalf of the students.
Also included in the collection are Burnstein's legal files for his 1960s and '70s civil liberties cases for the Congress
of Racial Equality (CORE), the Oakland Seven, Cummings and Rudd versus the Veteran's Administration, and Siegel versus the
California Bar Examiners. Burnstein's political files chart his involvement with the National Conference for New Politics
(NCNP) which later merged into the fledgling Peace and Freedom Party, and the April Coalition, as well as other Berkeley political
events and figures.
Burnstein gave the formal FSM legal documents and trial transcripts to the Meiklejohn Institute in the 1970s. Now among the
collections of the Bancroft Library, originals of the trial transcripts are located in cartons 33-34 of the Meiklejohn Civil
Liberties Institute Records (BANC MSS 99/281 c). The trial transcripts and many of the published legal documents are available
as searchable text through the Free Speech Movement Digital Archive and Oral History Project webpage (www.library.berkeley.edu/BANC/FSM/).