Collection Summary
Information for Researchers
Administrative Information
Scope and Content
Collection Summary
Collection Title: Malcolm Burnstein Papers,
Date (inclusive): 1963-1994
Date (bulk): (bulk 1963-1973)
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.
Berkeley, California 94720-6000
Physical Location: For current information on the location of these materials, please consult the Library's online catalog.
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:
English
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
Copyright has not been assigned to The Bancroft Library. All requests for permission to publish or quote from manuscripts
must be submitted in writing to the Head of Public Services. Permission for publication is given on behalf of The Bancroft
Library as the owner of the physical items and is not intended to include or imply permission of the copyright holder, which
must also be obtained by the reader.
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
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/).