Finding Aid to the Malcolm Burnstein Papers, 1963-1994

Processed by Elizabeth Stephens and Christie McCrory

The Bancroft Library

University of California, Berkeley

Berkeley, CA 94720-6000

Phone: (510) 642-6481

Fax: (510) 642-7589

Email: bancref@library.berkeley.edu

URL: http://bancroft.berkeley.edu/

Finding Aid to the Malcolm Burnstein Papers, 1963-1994

Collection number: BANC MSS 99/294 c

The Bancroft Library

University of California, Berkeley

Berkeley, CA 94720-6000

Phone: (510) 642-6481

Fax: (510) 642-7589

Email: bancref@library.berkeley.edu

URL: http://bancroft.berkeley.edu/

Finding Aid Author(s):: Processed by Elizabeth Stephens and Christie McCrory
Finding Aid Encoded By:: GenX

Collection Summary

Collection Title: Malcolm Burnstein Papers

Date (inclusive): 1963-1994

Collection Number: BANC MSS 99/294 c

Creator: Burnstein, Malcolm

Extent: Number of containers: 4 boxes, 4 cartons, 1 card file box. Linear feet: 7.1

Repository: The Bancroft Library.

University of California, Berkeley

Berkeley, CA 94720-6000

Phone: (510) 642-6481

Fax: (510) 642-7589

Email: bancref@library.berkeley.edu

URL: http://bancroft.berkeley.edu/

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

Access

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.

Publication Rights

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: http://bancroft.berkeley.edu/reference/permissions.html .

Preferred Citation

[Identification of item], Malcolm Burnstein Papers, BANC MSS 99/294 c, The Bancroft Library, University of California, Berkeley

Related Collections

Title: Free Speech Movement Records,

Identifier/Call Number: CU-309

Title: Meiklejohn Civil Liberties Institute Records,

Identifier/Call Number: BANC MSS 99/281 c

Indexing Terms

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

Law--Political aspects--California

Oakland Seven Trial, Oakland, Calif.--History

Protest movements--California--Berkeley

Social movements--California--Berkeley

Administrative Information

Acquisition Information

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/).

Series 1: Free Speech Movement (FSM) Lawyers Committee Files, 1964-1994

Physical Description: Boxes 1-4; Cartons 1-2; Carton 3, folders 1-9; Card File Box 1

Arrangement

Arranged alphabetically or numerically, as appropriate, and then chronologically.

Content/Description

Divided into 4 sub-series: Correspondence, General Information Files, Legal Documents and Drafts, and Research Materials. Correspondence includes incoming and outgoing letters, interfiled, and a small section at the end of correspondence written neither to nor from Burnstein. Legal Documents and related material are arranged by case and case number. General Information Files and Research Materials are arranged with office generated material filed first, and the rest in a roughly chronological order.

Correspondence, 1964-1994

Incoming and Outgoing

box 1, folder 1

Dunn, John J. 1965

folder 2

Ehrenberg, Adele 1964

folder 3

Free Speech Defense Fund 1965

folder 4

Grossman, Aubrey 1965

folder 5

Haan, Norma 1965

folder 6

Hargreaves, Ronald 1966

folder 7

Hesse, Siegfried 1966

folder 8

Nason, Milton 1965

folder 9

Schrag, Mort 1965

folder 10

Shafer, Robert 1965

folder 11

Smith, Garwood Guy 1965

folder 12

Stinnett, Robert B. 1964

folder 13

Tigar, Michael E., 1941- undated

folder 14

Wenner, Jann March 29, 1965

folder 15

Zahm, Nathan R. 1965-66

folder 16

Zelnik, Reginald E. 1964

folder 17

Miscellaneous 1965

folder 18

To the Editor 1964

folder 19

To and from colleagues 1964-65

folder 20

Form letters to defendants 1964-65

folder 21

Form letters to appellants 1964-65

folder 22

Regarding fines 1965-66

folder 23

FSM 30 year reunion registration 1994

To and From Others

box 1, folder 24

Dunkin, Ronald A. 1964

folder 25

Steinberg, Alan B. 1964

folder 26

Zvegintzov, Nicholas Feb. 4, 1965

folder 27

Miscellaneous 1964-65

General Information Files, 1964-1968

box 1, folder 28

Lawyers Committee meeting minutes 1965

folder 29

Defense Council's statement July 1965

folder 30

Lawyers Committee press releases [1964]-65

folder 31

Defendant lists, assignments, and dates undated

folder 32

List of arrested students 1964

folder 33

Report on arrested students by FSM Central Dec. 1964

folder 34

Defendants named in criminal actions Dec. 4, 1964

folder 35

List of last to leave Oakland Jail Dec. 1964

folder 36

List of defendants willing to go to jail 1965

folder 37

Civil suit March 9, 1965

folder 38

Juvenile cases 1965

folder 39

Nolo contendere cases 1965

folder 40

Jury trial 1965

box 2, folder 1

Witnesses 1965

folder 2

Probation 1965

folder 3

Name Changes by marriage and divorce 1965-66

Free Speech Defense Fund

folder 4

Surety agreement and bank accounts 1965

folder 5

Fund ledger 1964-68

folder 6

Parents Defense Committee for Berkeley Students, Los Angeles 1965

folder 7

Parents Committee Berkeley 1964-65

box 2, folder 8

Independent Faculty-Student Legal Fund undated

folder 9

The Defender, Free Speech Trial Newsletter April 25, 1965

folder 10

Literature for distribution 1965

folder 11

Faculty support list 1965

folder 12

Legal forms 1965

Legal Documents and Drafts, 1965-1968

People of the State of California, plaintiff versus Mario Savio et. al., defendants

No C-7468 through C-7547, Municipal Court Berkeley-Albany Judicial District

box 2, folder 13

Defendants proposed agenda and prelimary statement of issues and problems for the first pretrial hearing (draft) undated

folder 14

A suggestion for dismissal Jan. 1965

folder 12

Motion for consolidation for a single, joint jury trial Feb. 23, 1965

folder 13

Stipulations 1965

folder 14

Motion to perfect record (draft) 1965

folder 15

Affidavit for issuance of subpoena duces tecum March 22, 1965

folder 16

Motion for order that daily transcript be supplied at county expense March 30, 1965

folder 17

Miscellaneous drafts undated

folder 18

Opening statement undated

folder 19

Closing statement undated

folder 19

Statement on appeal Nov. 19, 1965

folder 20

Subpoenas 1965

folder 21-22

Verdicts and sentencing 1965

box 3, folder 1

Verdicts and sentencing 1965

folder 2

Orders extending time 1965

Defendants letter to Judge Crittenden

folder 3-14

A-M July 1965

box 4, folder 1-7

N-Z July 1965

folder 8-12

Faculty Letters to Judge Crittenden on behalf of arrested students 1965

Criminal No. 235, Appellate Department of the Superior Court County of Alameda, State of California

folder 13

Petition for rehearing and application for certification Jan. 11, 1967

folder 14

Application for stay of remittitur and remittitures 1967

folder 15

Respondent's brief [1967]

carton 1, folder 1

Appellants' closing brief [1967]

folder 2

Appellate procedures and decisions 1967

No. SF 22498, Supreme Court of the State of California

folder 3

Petition for writ of mandate, with points and authorities [ca. 1968]

No. 1399, Supreme Court of the United States

folder 4

Jurisdiction Statement and miscellaneous 1968

David Noble, Judy Peters, Kenneth Baker, and all others similarly situated versus Municipal Court for the Berkeley-Albany Judicial District, California Supreme Court

folder 5

Petition for a writ of mandate [ca. 1968]

Research Materials, 1964-1966

carton 1, folder 6-19

Information forms on arrested students 1964

card-file-box 1

Information cards regarding Draft and going to jail, receipts for paid fines 1964-65

Arrested student questionnaires

carton 1, folder 20-35

A-R 1964

carton 2, folder 1-4

S-Z 1964

folder 5

Incomplete 1964

American Civil Liberties Union (ACLU)

carton 2, folder 6

Sproul Hall Arrests (preliminary report) 1964

folder 7

ACLU Sproul Hall report (based on questionnaires) 1965

folder 8

Graphs and supporting documents 1965

folder 9

Correspondence 1965

folder 10

Miscellaneous 1964

Statements and Interviews

folder 11

Barbara Goldberg, recollections of Dec. 2nd [1964]

folder 12

Herbert T. Walter, statement [1964]

Interviews with reports

folder 13

Fred Algood Dec. 1964

folder 14

Joseph Russin Dec. 29, 1964

folder 15

Bob Weinzeimer, The Gate Dec. 1964

folder 16

Miscellaneous Dec. 1964

folder 17

Kevin Langdon, interview Jan. 2, [1965]

Statements by lawyers

folder 18

Fay Stender Dec. 1964

folder 19

Robert E. Treuhaft Dec. 2, 1964

Legal Memos

folder 20

Exploratory study of legal issues under FSM charges [1964-65]

folder 21

Civil action for denial of right to summon attorney [1964-65]

folder 22

California Penal Code 409 and 726 [1964-65]

folder 23

On police brutality and the law [1964-65]

folder 24

Impeaching your own witness [1964-65]

folder 25

Phone call and opportunity to see attorney [1964-65]

folder 26

Miscellaneous 1964

Defense Notes

folder 27

Events, Sept. 14-Oct. 13, 1964 1964

folder 28

Committee on Campus Political Activity (CCPA) 1964

folder 29

Faculty Committee Oct.-Nov. 1964

carton 2, folder 30-32

Brutality 1964

folder 33-35

Police 1964

folder 36

Excessive bail undated

folder 37

Phone calls undated

folder 38

Prosecution witnesses 1965

folder 39

Sproul Hall damage 1965

folder 40-44

Strong, Edward W. 1964-65

folder 45

Miscellaneous ca. 1964-65

University

folder 46

Academic Senate 1964-65

folder 47

Faculty 1964

folder 48

FSM 1964-65

folder 49

University of California 1964-65

Court Documents

folder 50-51

Arrest transcripts 1964

folder 52-55

Probation reports 1965

folder 56

Prosecution memos undated

folder 57

Robert B. Dorado, Criminal No. 7468. 1965

Copy of appeal

folder 58

ACLU Discussion Paper Regarding Freedoms Guaranteed by the First Amendment of the University of California [1965]

Graduate Political Science Fact Finding Committee

folder 59

"The Berkeley Free Speech Controversy" Dec. 13, 1964

folder 60

Instructions 1964

folder 61

Questionnaire 1964

folder 62

University of California Policies 1963-65

folder 63

The Natural History of an Institutional Arrest and the Lessons of the Sproul Hall Sit-in May 21, 1966

Paper by John C. Leggett, Gunill Maron, and Joyce Bailey

carton 2, folder 64

"The Berkeley Sit-in" ca. 1964

folder 65

Senate Rules Committee Notes April 2, 1965

Published Articles

folder 66

The Commonwealth, Vol. LIX, no. 5 June 21, 1965

folder 67

The Gate, Vol. 2, no. 9 Nov. 1964

folder 68

The Liberal Democrat, Vol. V, no. 4 Jan. 1965

folder 69

Saturday Review, Vol 48, no. 3 Jan. 16, 1965

Clippings

carton 3, folder 1

Berkeley Daily Gazette 1964-65

folder 2

Daily Californian 1964

folder 3

Los Angeles Times 1964

folder 4

New York Times 1964-65

folder 5

Oakland Tribune 1964

folder 6

San Francisco Call Bulletin 1964

folder 7

San Francisco Chronicle 1964-65

folder 8

San Francisco Examiner 1964-65

folder 9

Miscellaneous 1964-.

Series 2: Legal Case Files, 1963-1973

Physical Description: Carton 3, folders 10-43; Carton 4, folders 1-11

Arrangement

Arranged by case and case number, and then chronologically.

Content/Description

Divided into 3 sub-series: Congress of Racial Equality (CORE), The Oakland Seven, and Miscellaneous. Includes legal documents, notes, correspondence, clippings and miscellaneous related material.

Congress of Racial Equality (CORE), 1963-1966

Duran Bell, Jr., plaintiff versus Eyring Investment Co., a corporation, et al., defendants, Case No. 15010, Municipal Court for the Berkeley-Albany Judicial District

carton 3, folder 10

Interrogatories and answers 1963

folder 11

Deposition of Duran Bell, Jr. March 14, 1963

folder 12

Deposition of Kathleen Aileen Dahl Sept. 12, 1963

folder 13

Deposition of Martin Duane Lott July 2, 1963

folder 14

Deposition of Ruth Pelaroque Meadows July 2, 1963

folder 15

Barnes Market et al, plaintiffs versus Congress of Racial Equality (CORE), No. 40296, Superior Court for the County of Butte, California 1963

carton 3, folder 16

San Diego Gas and Electric versus CORE, 4th Civil no. 7650, District Court of Appeal, 4th Appellate District, California 1963-64

Sheraton Appeal

folder 17

Aubrey Grossman correspondence 1964-65

folder 18

Appelman et al. 1964-65

folder 19

Conn Hallinan 1965

folder 20

Tracy Sims 1964-65

folder 21

Notes ca. 1964-65

folder 22

Complaint of CORE against Oakland Police, relating to Jack London Square, Seawolf restaurant demonstrations 1965

folder 23

Port Chicago demonstrations 1966

The Oakland Seven, 1968-1969

California versus Frank Bardacke, Terrence Cannon, Reese Erlich, Steven Hamilton, Robert Mandel, Jeff Segal and Michael J. Smit, defendants

Case No. 41644, Superior Court, County of Alameda, California

carton 3, folder 24

Memorandum of Points and Authorities April 1968

folder 25

Points and authorities in opposition to writ of prohibition Jan. 1969

folder 26

Defendants' proposed jury instructions and partial transcript Mar. 1969

1 Civil No. 25714, Supreme Court of the State of California

folder 27

Petition for hearing in the Supreme Court July 25, 1968

folder 28

1/crim. no. 7430, Court of Appeal, 1st Appellate District, Division 4 Dec. 1968

Appellant's opening brief

Case No. 50356, United States District Court, Northern California

folder 29

Order denying preliminary injunction and order of dismissal Dec. 1968

folder 30

Background material and notes 1967-69

folder 31

Clippings 1969

Miscellaneous, 1970-1973

Peter Cummings, M.D. and Peter Rudd, M.D. plaintiffs versus Robert E. Hampton, Chairman of United States Civil Service Commission, et al

carton 3, folder 32

Correspondence 1970-73

Civil Action No. C-70 2130 RFP, Northern District, California

folder 33

Summons, affidavits, points and authorities, Plaintiffs' reply temporary restraining order, with some drafts 1970

folder 34

Memorandum and order granting a preliminary injunction, notice of appeal, defendants' memorandum in opposition, orders, amendments 1971

folder 35

No. C-72 3497 AJZ, Northern District, California

Orders and summary Judgement 1972

folder 36

No. 71-1167, United States Court of Appeals, 9th Circuit

Appellants' opening brief, motions, orders 1972

folder 37

Nos. 72-2559 and 72-3059, United States Court of Appeals, 9 Circuit et al

Daniel Mark Siegel versus State Bar of California, Committee of Bar Examiners, Northern Section

folder 38

Correspondence 1970-72

folder 39-43

Hearing transcripts May-June 1971

carton 4, folder 1

Application to practice law Dec. 31, 1971

folder 2

Letters of recommendation 1970-71

Dan Siegel

folder 3

Speeches 1969-70

folder 4

Articles 1969-70

folder 5

Miscellaneous undated

folder 6

Northern Section of the Committee of Bar Examiners; Hearing Subcommittee Dec. 31, 1971

Report and findings

Committee of Bar Examiners, San Francisco, California

carton 4, folder 7

Hearing transcript May 20, 1972

folder 8

Findings and conclusions June 28, 1972

Supreme Court of California

folder 9

Petition for review Sept. 1, 1972

S.F. No. 22957, Supreme Court of the State of California

folder 10

Supplemental brief of respondent and ruling 1973

folder 11

Defense notes undated

Series 3: Political Files, 1965-1971

Physical Description: Carton 4, folders 12-55

Content/Description

Contains miscellaneous materials related to the National Conference of New Political (NCNP), Berkeley's 1971 April Coalition, and other local politics, including correspondence, platform, brochures, flyers, and financial files for various seminars, campaigns, and speaking tours.

carton 4, folder 12-13

California Democratic Council 1965-66

carton 14-17

Scheer for Congress 1966

National Conference on New Politics

folder 18-20

Correspondence 1966-68

folder 21

Memos from Executive Director 1967-68

folder 22

California Coordinating Committee for New Politics 1967-68

folder 23

Conference on Power and Politics (CA) Oct. 1-2, 1966

folder 24

Organizational papers Sept. 1967

folder 25

Executive Board meeting minutes 1967

folder 26

Conference on '68 and Beyond Aug. 1967

folder 27-29

Community Organization and Political Power training institute Dec. 27-31, 1967

folder 30

Senate Internal Security Subcommittee investigation of NCNP 1967

folder 31

New Politics News 1967

folder 32

Communiqué for New Politics 1967

folder 33

Peace and Freedom Party Sept. 16-17, 1967

Dr. Benjamin Spock, California speaking tour

carton 4, folder 34

General Dec. 1968

folder 35

Expenses 1968

U.S. v. Spock, Ferber, Goodman, Coffin, Nos. 7205-8

folder 36

Brief of appellant Mitchell Goodman ca. 1968

folder 37

Brief of Michael Ferber ca. 1968

folder 38

Brief of William Sloane Coffins, Jr. ca. 1968

folder 39

Brief of Benjamin Spock ca. 1968

folder 40

Notes undated

folder 41

Clippings 1967

April Coalition, Berkeley, California

folder 42

Correspondence 1971

folder 43

Letter drafts ca. 1971

folder 44

Rick Brown 1971

folder 45

Ron Dellums 1971

folder 46

Ilona (Loni) Hancock 1971

folder 47

Rick Brown and Loni Hancock 1971

folder 48

Black Caucus undated

folder 49

Budget 1971

folder 50

Community control of police 1971

folder 51

Miscellaneous 1971

folder 52

Notes 1971

folder 53

Lawrence Radiation Laboratory 1970-71

folder 54-55

Berkeley City elections 1971

Miscellaneous and clippings