i t ae nrIi$an DaiIl Seventy-nine years of editorial freedom Edited and managed by students of the University of Michigan 'Whither Wilson's) Britain?' 420 Maynard St., Ann Arbor, Mich. News Phone: 764-0552 Editorials printed in The Michigan Daily express the individual opinions of staff writers or the editors. This must be noted in all reprints. SATURDAY, FEBRUARY 28, 1970 NIGHT EDITOR: STEVE KOPPMAN I am curious; why the injunction? FJHE TEMPORARY injunction issued by Judge Ager against the film "I Am. Curious (Yellow)" was unwarranted. The fact that the action even seems legally unjustified not, only makes both Ager's and' Prosecutor Delhey's intentions mys- tifying, but points up the question of the constitutional validity of the state's obscenity law. Judge Ager issued the order of restraint against a film which has not yet been determined to be "obscene." The effect, was to penalize the Fifth Forum for charges which had not even been sub- stantiated, thus interfering with t h e theatre's constitutional right of freedom of expression. The relevant state law provides that any local executive officer may issue an obscenity complaint and an injunction may be immediately issued to prevent the sale, distribution, acquisition, or pos- session of the material which is said to be "obscene, lewd, lascivious, filthy, in- decent, or disgusting." The ;law does not further define "obscene". THE SIGNIFICANCE of the law is frightening. An' official can make a complaint against any material which he feels obscene, and an order for restraint may immediately be issued making the material unavailable to the public. Even aside from the free speech issue, the law further violates the spirit of the Bill of Rights by putting the burden of proof on the accused rather than on his ac- cuser. (". . . innocent until proven guil- ty.") BUT MORE basic here is the matter of outlawing "obscenity" itself. How one may determine for another what he should or should now view is difficult to fathom. The Michigan act simply ignores' the problem. The Supreme Court has of- fered us this definition: that the material have a dominant theme which as a whole appeals to prurient taste, be of an of- fensive nature to the community, and be utterly without redeeming social value. It is apparent that people do consider various materials to be of an "offensive" nature, and may conclude that they ap- peal to prurient taste. But the last judg- ment is difficult to assess. Is there any material, any theme, which can be shown to be utterly without social value? It may Pe argued, after all, that a part of the social significance (or value) of a work is what it says about its creators,, the social system, or the values it repre- sents. Assuming that a possible value of viewing a film is that it can serve as a learning experience, must the perceptions which result be only of a "positive" or esthetic nature (more so than those of any other learning situation)? A lewd film tells us something signifi- cant about the people or organization that produced it. It may even tell us what they think the audience wants to see. In other words, can the social value an experience provides be so easily defined? And, quantitatively,'when is a work of "redeeming social value" - when one person derives a valuable or learning ex- perience from it? Two persons? THE SPECIFICS of the Fifth Forum case ark as questionable. It would seem that the use of the power to issue an injunction ought to be used only very discriminately, as it does infringe the constitutional rights of those involved. In this case, however, both Ager and Del- hey admitted in court that they had not seen the film before acting against it. Defense Attorney E. H. Ellmann h a s pointed out several dominant themes of social significance in the film and has defined the role of sex in the film, show- ing that it was subordinated to other themes and that the film as a whole did not appeal to purient interests. In addi- tion, Ellmann has argued against the constitutionality of the injunction. It may be true, as Ager ruled, that the legislature and not the local court should decide on the constitutionality of the law. But if it was Ager's duty to rule on the alleged obscenity of the film and the need for the injunction, how could he do so without seeing the film? Or at least hear- ing arguments from both sides of the issue? THE. COURT'S way of serving the com- munity may not be as incomprehen- sible as it seems. Perhaps Ager and Del- hey are just one jump ahead of an un- informed citizenry. Or perhaps Delhey has recently developed an interest in film reviewing, and views the court (his home ground) as the natural place for him to air his views. But surely the Daily would open its pages to his prose in order to spare us his heavy hand. -JANE BARTMAN By BRUCE LEVINE (Second of two parts) iN 1945, the British Labour Party pub- lished the latest in its series of mani- festoes, announcing once again that Labour is "a Socialist Party and proud of it. Its ultimate purpose at home is the establish- ment of the Socialist Commonwealth of Great Britain . . ." The rhetoric was stale by now. Its performance in office between 1945 and 1951 denied its proclamations, and this time the BLP could not point to a minority status as excuse. Let it be clear that the third Labour government was not fruitless. It instituted a National Health Service, a comprehensive program of social insurance, had proposed and instituted nationalization in coal and utilities, and did more in housing and edu- cation than any previous government. But this was social legislation, not so- cialist legislation. The distinction is crucial. The former calms the powerless, the latter gives them power. In 1895 Arthur Balfour saw the matter plainly: "SOCIAL LEGISLATION . . . is not merely to be distinguished from Socialist legislation, but is its most direct opposite and its most effective antidote." More currently, the Economist was quite satisfied with the Labour program:' "An avowedly Socialist Government with a clear Parliamentary majority might have been expected to go several steps further."' In return for even this minimal program, though, the BLP demanded discipline from the trade unions. When the discipline was broken-when "necessary services" were halted by strikes-out came the troops to r'eplace the strikers. NATIONALIZATION (once considered even by Labour to be a matter of principle -a cardinal demand for a party seeking democratic control over the economy) was now to be limited to those industries which were obviously collapsing in private hands (e.g., coal). And control of the nationalized indus- tries-this was exercised not at all by workers at the shop or pit level and only nominally through Parliament. In fact, control was vested in a managerial board dominated by men with "business experi- ence"-i.e., with business interests. The controls which the Labour govern- ment inherited from the war-time Coali- tion government were used, not to limit the power of private industry, but to rationalize British capitalism, to make it more efficient (on the order of our New Deal). . The Labour government also retained ' the bulk of the civil service which it in- herited, right up to the policy-adviser level. This to avoid giving the impression that. (heaven forbid) Labour was out for "jobs for the boys." More fundamental, though, was Labour's need to placate the defenders of the status quo-whom Labour religiously refused to challenge. DEMANDS BY BACK-BENCHERS and rank-and-filers that the Labour cabinet be responsible for the full BLP caucus in Commons met solid resistance. Labour leaders assured Churchill that he might deal with them as he would with any other independent politician. To hell with the constituents. Finally, at the tail end of its term, Labour took on the steel industry. Unlike coal, steel had been profitable in the recent memory of most British politicians. The BLP's faint-hearted attempt to nationalize it met with a taste of capitalism's power. BRITISH INDUSTRY poured a fortune into anti-nationalization propaganda, a fortune available for such a campaign pre- cisely because industry was in private hands. The British capital flight-already marked during the earlier years of Labour's tenure-increased markedly now as large investors instinctively punished Labour for stepping on capitalism's toes. They sought a more "conducive" atmosphere. STEEL MAGNATES conducted a con- certed and effective campaign among businessmen to deprive the government of advisors for the running of a nationalized steel industry. Steel was eventually na- tionalized, but in so halting and apologetic a fashion as to guarantee its denational- ization in the very near future. That future was sealed with the elections of 1951. Labour, battered and demoralized by the onslaught it faced during the steel debates, dragged itself limply through the cam- paign. It tried vainly to paint itself as a classless, harmless bunch of well-meaning technocrats. It declared emphatically that the elections were not a class matter.' BUT HERE THE CONSERVATIVES up- set them. On the contrary, they declared, Labour was out to socialize thriving capi- talist industry. Most assuredly this was a Wilson, the sometime darling of the Labour left, became Prime Minister. TYPICALLY, WILSON saw his job as "making British capitalism work." Industrial costs had to be lowered in order to lower prices, he decided. Wages must be held down. Capitalists and would- be investors had once more to be reassured of Labour's benevolent intentions. Manage- ment privileges had to be safeguarded against the ominous strength of the shop stewards-representatives of the workers elected at the shop-floor level. All this, of course, was a tricky business. Too tricky for the Tories, whom British workers had correctly come to identify as the direct representatives of the British industrialists. They were much less wary of Harold Wilson, though. Wilson's BLP position, his rhetorical al- legiance to the working class, his welfarist mentary activity one of its activities-is rapidly evolving into a purely electoral shell. The real differences between the BLP and (say) our Democratic Party are be- coming less and less obvious. Even in areas with strong Labour tradi- tions, local elections have been going to the Tories for the past few years. Workers simply no longer believe Wilson's promises. THE QUESTION is, which way will the workers move? The attraction of the right is real. Brit- ish support for-U.S. imperialism spawned a left-wing student movement of which the workers are suspicious. Then, the inability of Wilson's Britain to provide an adequate employment and living standard makes workers very sensitive to the job-demands of even Britain's small black population. The Tories are playing on the malaise in the Nixon-Wallace way: three weeks ago Conservative Party leader Edward Heath issued a major call for "law and order." To his right, MP Enoch Powell appeals even more blatantly to the middle class's fears of blacks and students. He picks up sym- pathy from sectors of the working class, too. POWELL'S WEAKNESS here, however, lies in his frank hostility, not only to black and student militancy, but to trade union- ism as well. Nevertheles, if Powell (for this reason) has difficulty gaining direct and ongoing working-class support, his racist attacks on black immigration continue to disorient a section of that class and encourage it to vent their frustration on a non-ruling-class target. Even further to the right is the National Front, a neofascist formation with roots in the old British Nazi Party. THE FRONT WAS LAUNCHED in late 1967 and now seems to have grown signi- ficantly from its original 10,000 members. Its slogans include "Union of White Domi- nions Now," "Get Tought With Criminal Thugs," and "Defence: Let British Know- How Make Us Strong Again." The Front has the demagogic anti-capi- talist line of the early fascist movements, too: "Get International Finance Out of Britain," and "Workers Want More Say in British Industry." This appeal is purely rhetorical, of course. The NF is firmly tied to the purse strings of British industrialists and will not engage in serious attacks on its own bene- factors. THE LEFTIST SCENE is also varied. The Communist Party, strongly represent- ed among trade union militants, is firmly attached to the coattails of some "left- wing" union leaders. They are therefore unable of presenting themselves as an alternative to that leadership's sell-outs. The Socialist Labour League (a Trotsky- ist grouping) takes its sectarianism very eriously. It has a quasi-religious atti- ude toward concrete trade-union ques- tions and refuses to engage in meaningful action around them for fear of soiling its hands in reformism. A NUMBER OF OTHER organizations (the largest of these being the British International Socialists) are attempting to build on the workers' malaise, empha- sizing the lessons contained in trade-un- ion struggles, and helping to give direc- tion to what remains, after all, a fragment- ed economic discontent. Their goal is to transform this discon- tent ,into a clearsighted radical, under- standing of the need for and the possibil- ity of thorough-going workers' control of industry and the revolutionary overthrow of capitalism. Few serious militants here are drawing up detailed battle plans, for "the rising," but the new wave of official and unoffic- ial strikes sweeping British industry could usher in a new era of working-class radi- calism as well. That, at least, is thehope. 4 4' class question! If this was not-the Tories sensibly wondered-what was? Caught between a lack of enthusiasm in its own ranks for a program self-adver- tised as pedestrian and-on the other hand -the massed and militant ranks of Tories, industrialists, frightened middle-class ele- ments, et al, Labour went down to a crash- ing defeat. IN THE END of course Labour had as- sured its own demise. Trying both to placate big business and the working class, Labour had run into the one pulsating reality it had in practice tried hardest to ignore: the interests of the two groups it was courting were in conflict. Labour had either to accept the permanence of capital- ism and its industrial authoritarianism or it could attempt to spearhead a drive for workers' power through the nationalization and democratic control of industry. It could not do both. When it tried, it failed. IN THE YEARS preceding the election of the Harold Wilson government, the McMillan-Home Conservatives ruled over a Britain whose economic growth was the slowest of the world's major producers. With wages and prices continually ad- vancing, British industry was being priced out of the world markets-particularly those of the Common Market "Six." Reaction to the effects of this on the home economy and a general disgust with the much-publicized Profumo scandal gave the Labour Party in 1964 (narrowly re- gained a narrow Parliamentary majority). promises, his proposed boost in the business tax all served to sugar-coat the pill he was about to prescribe. FIRST CAME his "voluntary wage wage freeze." Then the mandatory wage freeze. Wilson set out with his new Prices and Incomes Board to do what the Tories couldn't-to subordinate the workers' con- sumption to the needs of British capitalism. When the wage freeze "stick" failed to stem strike-enforced wage increases, Wil- son turned to the "carrot." In return for wage increases exceeding the statutory limit, management (under Labour's guidance) would institute time- study programs, piece-work, speed-up, lay- offs, indiscriminate transfer of workers around the factory, 24-hour shiftwork, cuts in overtime and overtime pay, reduction of safety measures, increase work for each production worker involved. The wage in- creases were soon eaten up in rising prices, but the inroads made against working con- ditions remained. Recently, Labour MP Barbara Castle in .e"ty Parliament the third stage of Wilson's campaign: a bill similar to our Taft-Hardley- Act, designed to limit the trade unions right to strike. But a quick headcount in Commons told Wilson he hadn't the vote to swing it, so the Castle bill was speedily withdrawn. THE EFFECT OF ALL THIS on Wilson's former constituency has been profound. The Labour Party-historically a mass- based workers' organization with parlia- For freedom of the skis LAST SATURDAY, a Swiss airliner en route to Tel Aviv was destroyed by a bomb. All aboard the plane were killed in the resulting crash. On the same day, an Austrian plane, also a civil aircraft, was damaged while l'n flight by a similar device. The pilot managed to land the plane without loss of life, although a great deal of. damage was done to the aircraft. , These incidents are the latest in a series of attacks against civil aircraft, their passengers, and airline offices. To date, nearly one hundred people have died as a result of such actions--e.g., the attack on an El Al plane at Zurich, the bombing of an Athens booking office, and attacks on Ethiopian planes., Too, a number of aircraft have been hijacked to other destinations by armed terrorists, and certain passengers h a v e been held in prison for long periods fol- lowing such actions. Two Israeli passeng- ers in the last case of this kind are still seriously ill after their prison experience in Damascus. WORLD AVIATION is especially vulner- able, to attacks because of the great difficulty of getting passengers and mail cargo on the thousands of flights t h a t take off every day. Cuba has hijacked planes landing in its Jose Marti field al- most every week. Whereas in general civil aviation has become one of the few areas of true and meaningful international cooperation, the record in the field of air piracy is less encouraging. International organizations have thus far taken no significant steps against those responsible for such crimes. THE SWISSAIR incident was swiftly simply false. Some of the terrorist groups are under the direct control of various Arab governments. Indeed, some' are the creation of these governments. Other terrorist groups have evolved into more independent organizations and car- ry out bombings ontheir own initiative. But even these groups receive the bulk of their financial support and much of their training and weaponry from the Arab governments. Moreover, the terrorists are based in the various Arab states at the sufferance of the governments. In nearly every in- stance, the terrorist groups could be suppressed by their hosts. Thus the Arab governments could exert major if not total control over the organizations. YASSIR ARAFAT, the head of Al-Fatah (the largest of the terrorist groups), has stated that his organization did not believe in atacking civilian targets. This was an encouraging development. It would have been more encouraging had his past record on this' score been dif- ferent. Indeed, even as Arafat spoke his own terrorists were machine-gunning a tour- ist bus on the Hebron-Jerusalem h i g h- way, killing the wife of a Christian minister from Michigan. Israeli Premier Golda Meir denounc- ed Arab governments for financing and sheltering Palestinian guerrillas who are "lacking all conscience and respect for human life." Because of the devious involvement in the acts of the liberation organizations by the Arab governments, any action taken as a result of this latest outrage must include the applicaion of pressure on the condoning governments. 4 4 LETTERS TO THE EDITOR Shedding tears for closing ears 14 To the Editor: THE LETTER from J. F. Mac- kissic yesterday (Daily, Feb. 25) in reference to the 'black disrup- tion' of his class characterizes a currently growing symptom of a dangerous disease. J. F. asserts that: "For a long time I have been,, if not an active supporter, at least a strong de- fender andsympathizer of the black students' position on this campus. After today, I seriously doubt that r can listen with an open ear to t h e complaints of black students here again." I sup- pose that at this point in the ar- ticle, blacks were supposed to break down in tears at having lost J. F.'s open ear. It may come as a surprise to you J. F., and to all those who 'amen-ed' his letter, but none of us did. In fact, in your ignorance you have revealed the disease: for too long, this country has been able to open and shut its ears (and eyes) at will to the voices of its black citizentry. It's your type of support, active and we didn't want that to hap- pen.) Your 'sympathetic' soul, no matter how disapproving of the tactic,. could have been sincere enough to at least listen. Blacks do not take over classes for fun and games. When the professor dismissed, the class, it was your free time and attention that you could have offered, being, of course, 'sympathetic.' However, you are so incensed that you write a letter cloudily asserting that the tactics used to publicize the de- mands to an increasingly d e a f student body somehow negates the validity of t h i s and all futur'e black issues. Yes, you are quite 'sympathetic.' I hope that you read the article above your letter, J. K., if your eyes are still open. As to your closed ears, we do not weep. We thank you for your letter. It is vi- tal to know both your friends and your enemies. -Darryl C. Conliffe, '71 Feb. 26 down from the stage to remind him of the class vote. An unfor- tunate shoving match ensued be- tween members of the BSU and o n e of the astronomy teaching fellows. The following is a statement which I shall read to my class on Friday, Feb. 27: FIRST OF ALL let mie say that I am sorry if my own actions or attitudes on Wednesday were re- sponsible for difficulties or em- barrassment that resulted during the reading of a list of demands by members of the BSU. At the very least I owe you a clearer statenent of my policies than I was able to give then. I -view any intrusion or disrup- tion of this class as a potential infringement of the rights ofclass members, in this case simply your right to assemble in class to study the subject with which the class is concerned. I say that a disruption is a po- tential infringement of y o u r ject since you are, during class time, a captive audience. For me to do so would infringe your rights in attending this class, since you have come here to study astron- omy. There is the liklihood that my actions on Wednesday could be construed as betraying the direc- tion of my sympathies. In fact, I believe that the needs of the black community are great and are ur- gent and that we should, indeed, devote our energies to the rectifi- cation of 300 years of wrongs. -Prof. Richard G. Teske Astronomy Dept. Feb. 26 1 I1 I 1 M-lI, IIEImm '11 1I! I