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Gullen• Names Three New Members to WSU Paper's
Emanuel Celler New fo r
a
David
Wineman
Issues
_
WASHINGTON, D. C. — for many years. accepted lea- Editorial Board. Prof.
in AIPAC, after his
Former Congressmen Eman- de
uel Celler, ex-dean of the retirement from Congress.
Irving Kane was elected Challenge to Erwin Ellmann as Spokesman for ACLU
House, and Herbert Tenzer
kei

THE DETROIT JEWISH NEWS

Friday, March 23, 1973-19

Co-Chairman

were elected co-chairmen of
the American Israel Public
Affairs .Committee's national
council at a meeting of its
executive committee in New
York.
Celler, who has worked with
the committee in Washington

na ti o nal chairman of AIPAC
for a third term. I. L. Kenen,
of Washington, D. C., was re-
elected executive vice-chair-
man of AIPAC. Kenen was a
founder of the American Is-
rael Public Affairs Commit-
tee in 1954.

get all your
friends and
relatives
into the
swing of things

Proceeding to adhere to the new regulations that have
been adopted by the board of governors of Wayne State
University, its president, George E. Gullen, this week ap-
pointed three new members to serve on the student's pub-
lication board. They are:
Norman Holsey, a junior majoring in journalism in
the liberal art• college; Crystal Gamble, a junior in the
accounting department of the school of business admin-
istration; and Patricia Richardson, a college of education
senior.
Previously, Gullen named Alan Hitsky to serve on the
publications board, and while the staff of South End had
not been recognizing him, he has been attending meetings
of the student-faculty publications committee.

*

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IL

Response: Correctly link-
ing equal education with the
right not to be demeaned be-
cause of iiace, color or creed,
Mr. Ellmann equates four
(out of 80) issues of The
South End containing articles
or opinion regarded by many
as anti-Semitic with a sub-
stantive violation of these
strictures because some Jew-
ish and non-Jewish students
might find this "-personally
obnoxious." H i s remedy,
since student tuition in part
supports the paper is a
"reasonable mechanism for
rebate . . . or diversion to
other activities."
What then are we to do
a-bout other possible sources
of "personal obnoxiousness"
such as dissident professors
whose views on politics, sex,
war, or a wide variety of
public policies •might offend
certain students? How is Mr.
Ellmann's remedy of rebate
or diversion to other activi-
ties to 'be achieved'? Is there
to be -appointed a public in-
formation screening depart-
ment or complaint taking de-
partment or "czar" who is
to regulate all student dis-
comfort related to the free
dissemination of ideas? And
if this cannot be done (as is
patently obvious) then is the
university to abolish the
public press or dissident pro-
fessors or if not, be con-
sidered guilty of "not making
that accommodation to the re-
ligious or political con-
science of the - individual
which the courts have held
the First Amedment re-
quires . . . ?"

Prof. David Wineman of Wayne State University, as
a board member of the Detroit branch of the American
Civil Liberties Union, and acting in the board's behalf, on
Wednesday issued a statement to The Jewish News in
reply to the minority opinion expressed by Erwin Ellman
who opposed the ACLU resolution that threatened legal
action against the university. Dr. Wineman's letter to The
Jewish News follows:
Board of Governors has
As a voting member of the responsibility for campus
Metropolitan Detroit Branch meeting rooms or the opera-
of the ACLU board majority tion of McGregor Center. If
approving The South End a public agency sees fit to
policy statement quoted in make facilities available to
The Jewish News on March any -group, it must make
9, 1972, I am writing at the them available to all on an
request of the chairperson equal non-discriminatory
to respond to your followup basis. This is the lesson we
article of -March 16. In that have taught this community
article you cite several sec- in the McGregor Center case,
tions from -a position state- the Pete Seegar case, the
ment prepared by ACLU Ross Barnett case, and
board member Erwin Ell- others." Mr. Ellmann's s•an-
mann which was rejected by dard, imposed upon a news-
the Board in the course of paper, publicly financed or
debate on March 6 in favor not, to provide equal non-
of the majority position. My discriminatory access com-
reason for doing this is to parable to that which is to
clarify for your readers the be provided in the case of
counterarguments to Mr. Ell- meeting rooms to speakers
mann that, in part, resulted of all political persuasions,
in the majority position asserts a concreteness and
which, by itself, since it is literalness in the 'application
conclusory, does not provide of the equal protection clause
such clarification. Since Mr. that is simply not possible
Ellmann's paper was not for a newspaper to live with.
quoted by you in its entirety, A newspaper is a complex
I will respond only to the human action system. To
specific cites, seriatim, al- compare its myriad pro-
though I have found- it ne- cesses with the scheduling
cessary to refer to one un- of meeting rooms poses an
cited' section of the Ellmann error in analogies of serious
paper for contextual rea- proportions. Further, Ell-
sons:
mann imposes upon an edit-
(1) Ellmann: "If the South End or the obligation to print
has not welcomed all varieties every possible type of dis-
of opinion in its pages, but has
articulated the position of only senting thought, pushing the
certain groups, it manifestly as
not being properly conducted as paper toward the very lowest
a medium of communication fi- common denominator o f
nanced 'by public funds. The
equal protection clause controls opinion. Should this standard
governmental action and prohib- be enforced. it would literal-
its invidious discrimination in
its exercise . . . (invidious dis- ly mean the abolition of the
crmination) is not acceptable for publicly financed high school
a pubic university operating on
and university press. In
tax dollars."
fact, the South End his pub-
Response: We are dealing, lished some letters opposing
here with the equal protec- its views. If it has not satis-
tion clause of the U.S. Con- fied all of its critics, it has
stitution. From the premise not suppressed all of them.
that tlie South End is a -(2) Ellmann: "The ACLU has
publicly financed paper, Ell-
een fastidiously con-
'been
cerned with the right to equal
mann states, a few sentences education
in circumstances which
immediately preceding the do not demean the student be-
cause
of
his
race, color or creed.
-section reproduced -above: If every student
must pay an
"As such, it is a publication activities fee as part of his tui-
tion in order to take classes at
for which the "university ad- Wayne, and if such fee is used
ministration, as -an instru- to subsidize the publication of
or editorials or cartoons
mentality of the state, has dogmas
or selectivee news stories and
responsibility just as the policies which are personally ob-

In honor of Passover.

5 I LB. PACK

Produced under strict Rabbinical supervision. Certificate on request.

*

in enforcing school attendance
laws against the Amish."

for outcome, i.e. to once and
for all give control of the
paper to the Administration
—but in the court of public
opinion as interpreted by
Gullen and his board. If it
is "wrong to begin with", any
means, even unconstitutional
ones, justify the end of right-
ing such a wrong. -Even
among the minority of seven
ACLU Board members vot-
ing against our position were
some who openly conceded
the due -process violation of
the University.
The ACLU majority vot-
ing the position supporting
the South - End is far from
untroubled by even four
articles raising the specter
of anti-Semitism and by the
Black - White polarization
with which the South End so
recklessly and wrongheaded-
ly traffics. But we regard
the action of the university
as even more dangerous. In
its lack of courage to hold
by its constitution-al obliga-
tions it has taken the press,
the public and the students
even farther from meaning-
ful democratic struggle with
the fearful issues involved.
Sincerely
DAVID WINEMAN
ACLU Board Member

Berlin Suit Stirs Fight
Over Swastika on Toy

BONN (JTA) — The West
Berlin public prosecutor has
stopped a law suit brought
by the German Humanist
Union against a toy importer
distributing models of Ger-
man wartime aircraft decor-
ated with the swastika.
The Humanist Union based
(3)Ellmann: . . . If public
funds are being improperly spent its case on paragraph 86A of
on- this publication, we should the penal code which forbids
not be tender of the alleged
"rights" of those having a vested on pain of penalty the dissem-
or asserted interest in perpetu- ination of Nazi symbols. The
ating this course of conduct . . .
If the rights of students are be- public prosecutor's office con-
ing improperly curtailed by com- tended that the model aircraft
pelled support of uncongenial
political views as a condition to are of historical value and
attending a public university, we the use of the swastika as a
should not •be concerned with national emblem was, there-
whether such unconstitutional ac-
tion was taken in the light of a fore, not anti-social and in-
customary policy, a hasty im- sulting to the public.
provisation, deliberately, or out
The Humanist Union has
of sheer caprice. It is wrong in
any event, and no amount of demanded that the Berlin
`due process' procedures will
Senate dismiss the two pub-
make it right."
Response: The above con- lic prosecutors involved.
clusion, shocking to the
Make yourself necessary to
ACLU •tradition, ". . . we
should not be concerned with somebody.—Ralph W. Emer-
whether such unconstitution- son.
al action was taken in the
light of a customary policy,
a hasty improvisation, de-
liberately or out of -sheer
NEW
ca-price," is conditioned by
1973
two "if-then" premises: (I)
if public funds are being im-
properly spent, and (2) if
student rights are being im-
COUPE
properly curtailed. It is cer-
tainly arguable -as to whether
or not these premises are
legally and factually correct.
But Mr. Ellmann's argument
noxious to •him, his right to pub- disclaims -any doubt about
is
being
invidiously
-
lic education
and oppressively conditioned. (To their correctness and thus
exact from him extra monies to he goes on to simply dump
support political theories which
are abhorrent to him strikes me the due process obligation of
as a much more serious inva- the University: "It is wrong
sion of his liberty than to charge
him extra because he comes from in any event, and no amount
out of state.) If the Board of of 'due process' procedures
Governors knowingly permits fees
to be utilized for publication of will make it right." What
views inimical to the views of Mr. Ellmann is really asking
registering students, without pro-
viding a reasonable mechanism for is the right of President
for rebate of such fees or di- Gullen and the board of
version to other activities, it is
not making that accommodation governors to try the case of
28111 Telegraph Rd.
to the religious or political con- the South End and its editor
Opposite Tel-Twelve Man)
science of the individual which
355-1000
the courts have held the First not by the procedures which
Amendment requires even unions had been created• to do this
to make in conducting political
activities, employers to make in —and changed in the -middle
requiring Salybatarian work per-
assure a longed-
formance, and the State to make of crisis to

VEGA
1929