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WEDNESDAY, NOVEMBER 13, 1968
NIGHT EDITOR: STEVE NISSEN
Ray- trial security measures:
Balancig civil liberties
THE LEGAL profession's concern for the
rights of defendents has gotten out
Not the concern for protectirig a de-
fendent from bullying or coercion by po-
lice, prosecutors, or judiges, but the legiti-
mate concern for preventing pretrial
publicity from prejudeing a jury. I1
The issue arose after the Supreme Court
overturned the murder conviction of Dr..
Sam Shepard on the grounds that pre-
trial publicity in Cleveland newspapers
made it impossible for him to obtain a,
fair trial. Following that decision, t h e
Free Press and ,Fair Trial committee of
the American Bar Association began an
intensive. study Of the problem. Its report,
t h e so-called Reardon Report, recom-
mended a number of restrictions on in-
formation that could be released before
a trial by lawyers and prosecutors.
MOST NEWSPAPERMEN thought that
the Reardon Report itself placed re-
strictions on the press which were in vio-
lation of the First Amendment guaran-
tee of freedom of the press. When the
Bar Association presented the Reardon
Report to the Michigan Supreme Court
for incorporation into official Michigan
court procedure, the Court unanimously
rejected the report as placing undue re-
striction on a free press.
Lately, however, judges have been im-
posing restrictions on the press which go
even further than the report intended. A
good case in point is the upcoming trial
of James Earl Ray for the murder of Dr.
Martin Luther King.
It is true that there has been some pre-
judicial publicity about Ray (references
to him as "the murderer of King" keep
slipping into print). It is also true that in
view of the circumstances, unusual secur-
ity precautions are indeed called for.
BUT THE RESTRICTIONS imposed by
Judge W. Preston Battle go far beyond
the requirements of the case and seem
intended more to muzzle the press than to
For example, Battle has restricted the
working press to o n 1 y 42 seats in the
courtroom, with 38.of them assigned per-
manently and four of them given out on
a rotating basis. There are 1,500 daily
newspapers, not to mention wire services,
networks and countless radio a n d TV'
stations in the country and obviously a
lot of people were left out.
Those who got left out include the New
York Daily News, the country's largest
circulation daily; the Washington Post,
one of the most influential newspapers
in the United States; and the New York
The judge has also ordered stringent
security measures for the trial, including
the searching of all spectators, reporters
and lawyers each time t h e y enter the
courtroom. The controversial Canon 18'
of the ABA baning photographers from
courtrooms has been taken one step fur-
ther by Judge Battle. He has banned all
photographers f r o m the courthouse
grounds and has also banned all sketch
artists from the courtroom.
THE PURPOSE of these restrictions is
somewhat unclear, since the man who
should be most concerned with the pro-
tection of R a y, defense counsel Percy
Foreman, has vehemently objected and
has informed the judge that he does not
intend to. allow himself to be searched.
Perhaps Judge Battle thinks he better
serves Ray's interest than Ray's attorney.
Or perhaps he is just somewhat overim-
pressed w i t h his own importance and
powers and is attempting to use the Ray
trial to go further than anyone has gone
In any case, the restrictions imposed by
Battle are inimical not only to the First
Amendment rights of the press but to the
Sixth Amendment right of the defendant
to a public trial.'
BALANCING THE RIGHTS of defend-
ants to free trials against the right of
the public to know raises complex issuesa
which can only be resolved by a careful'
concern for the interests of all. That bal-
ancing is under consideration now in ev-
ery courthouse and city room in America.
Judge Battle's contributions seem to add
little to the efforts at reaching a fairand
I' Pr obing the school mth
By ANN MUNSTER
and WALTER SHAPIRO
WHENEVER challenged by crit-
ics on the left, the architects
of our foreign aid program point
with pride to all the schoolhouses
that American money is building
throughout the underdeveloped
And while the critics may dis-
missthe aid officials' statistics as
propaganda, they never question
the ultimate desirability of build-
ing U.S.-styled schools all over
This failure to even question
the humanitarian value of plant-
ing school houses like a modern
Johnny Appleseed is highly symp-
tomatic of the prevailing tendency
not to questioncertain basic as-
sumptions which underlie our
This stubborn refusal to deal
with underlying premises is the
focus of the visit to campus this
week by Rt. Rev. Msgr. Ivan Illich,
radical Catholic leader and expert
on Latin America.
MSGR. ILLICH'S main purpose
is to force us to re-examine our
facile presuppositions about the
role of schooling and its educa-
tional value. He particularly ques-
tions the validity of transplanting
the institutions of a "schooled"
society to a non-schooled culture.
The brunt of his attack on
America's role in the underde-
veloped world is born by the at-
tempt to transplant our school
system, a perhaps superfluous by-
product of 100 years of capitalist
development to Latin American
nations "which are just beginning
to acquire the rudiments of tech-
nological innovation and which
are burdened by a large indigent
In discussing education, Msgr.
Illich keeps harking back to the
distinction between schooling and
ALTHOUGH he admits that "it
sounds nutty," the crux of Msgr.
Illich's concern is the question,
"how can education be institution-
alized without recourse to what
we now call schools."
Msgr. Illich feels that the root
of the evil in the school system
lies in the non-critical acceptance
of schools, ostensibly the mere ve-
hicles of education, which has
left us without even the vocabu-
lary to discuss education outside
the context of schools.
In 1961, Msgr. Illich helped
found the Centro Intercultural de
Documentacion in Guernavaca,
Mexico, which he considers to be
the only "free university" in the
The school, which serves as a
language training center for for-
eign missionaries assigned to Latin
America, is primarily an activist
organization seeking to foster
rapid social change by offering
courses and sponsoring research
on Latin America.
While Msgr. Illich explains that
he is "objecting to the religion of
schooling," it should not be con-
strued to mean that he holds any
perverse vendetta against either
schools or educators. In talking
about Latin America he says "the
most generous, the best, the most
socially conscious people join the
HE MAKES it abundantly clear
that some schooling is worse than
none at all. "One thing that
everyone learns in school is the
superiority of one who is schooled
over one who isn't," he explains.
Since the myth is prevalent that
schooling i available to all who
want it, the idea quickly gains
currency "that anyone who has
been excluded from schooling is
guilty of having dropped out."
And, as Msgr. Illich points out,
"It is extremely skillful if an
elite succeeds in propagating a
belief system that makes anyone
excluded from the elite guilty of
his own exclusion."
MSGR. ILLICH'S answer to this
dilemma is an attempt to de-
mythologize education. The start-
ing point, must 'b'e to "ask our-
selves how the hell we got hung
up on schooling."
What Msgr. Illich has to offer
is a thorough-going skepticism
that is willing to examine under-
lying principles, rather than a
master plan for the future. He
candidly admits, "I'm not a
dreamer in that I know what I
want to do."
Rather he is deeply concerned
at present in elaborating "a lan-
guage in which we can speak
about education without contin-
uous references to schooling." He
goes on to say that "we can do
nothing that is radical enough to
bring us near to universal edu-
cation until we develop categor-
ies of discussion.".
While talking with Msgr. Illich
convinces one of the need to de-
velop a vocabulary to discuss edu-
cation separate 'from schooling,
the absence of just this language
lends an understandable vague-,
ness to exactly what this educa-
tional skeptic wants.
AT ONE JUNCTURE he speaks
of education as meaning "grow-
ing independence, freedom and
aliveness while also gaining ac-
cess to stored social memories
without one process hurting the
other." It is hard to go from these
rather abstract concepts to an
understanding of exactly what
educational approaches would be
best for the underdeveloped world.
Yet while Msgr. Illich declines
to outline solutions, he does1 give
some hints as to which ways his
thinking is currently going. One
suggestion is that we rid ourselves
of the timetables which we have
currently decreed for the educa-
Another idea which he throws
out is the notion that industry
mightebe restructured to educate
as well gas to produce goods as
cheaply as possible. And he sug-
gests that perhaps industry's ef-
ficiency should be measured ac-
cording to these goals.
BUT ANSWERS are not what
Msgr. Ivan Illich is bringing to
Ann Arbor this week. He sees his
role as raising the underlying,
iconoclastic questions. And the'
implications of Msgr. Illich's ques-
tions far transend the problems
of education in a Latin American
Msgr. Illich has shown that if
exportation of our educational
system, one of the most univer-
sal, innocuous and best-inten-
tioned aspects of our culture, is
so fraught with unintentional so-
cial consequences, the danger of
our attempting to impose other
Western values on underdeveloped
cultures is even graver.
He demonstrates to us how
deeply important it is to gear aid
and charity to the vastly different
social structures of the under-
It is obvious that much of what
Msgr. Illich is saying about trans-
porting our school system to the
less developed nations has impli-
cations for the problems of edu-
cation in our own urban ghettoes.
MOREOVER, he reminds us
how much we too are caught up
in the liberal scholastic myths.
And it is at least therapeutic for
us, huddled in our academic eii-
blaves, to ask ourselves how much
of our educational structure is
devoted to the rites ofhthis aca-
demic priesthood and how, much
of our actions are really moti-
vated toward education.
Though no answers may be in
sight, we may at least hope the
question-raising and de-mythol-
ogization might of itself be a
Shell O purit
THE HERBERT MARCUSE HORROR SHOW drives the young crazy,.
Imagine: Humphrey and Nixon, with that style of shouting sin-
cerity only they can get away with, testify on the same day to separate
audiences of varicose ladies and their husbands that they, Nixon and
Humphrey, are "doing their own thing." No doubt Nixon, in his Inaug-
ural Address will tell America how he plans "to make a revolution."
The young have jitters. The pigs are stealing their best lines. Poli-
ticians use and thereby contaminate their rhetoric. Advertising clowns
use good, heavy, surly, bad rock & roll music to sell toothpaste. Andy
Williams will have a freak-out light show.
In comes the mass media, to mull over and then make verbal ham-
burger out of the ideas, styles and aspirations o youth. No wonder
youth gets migraine headache from watching its heroes get contracted
and packaged for K Mart or the political arena. So the final anathema
youth has is: You have copped out, You have sold out. Disillusionment
is more painful than deliberatebetrayal. Youth is sucker to its own
THE HERBERT MARCUSE HORROR SHOW of co-optation and
adoption is real enough. So real any kid in the Movement may find
to his horror that he gets a job offer from his most banal enemy. Or
some rock roll star may hear his music deloused for department store
Muzak. In the Marcuse Horror Show one loses whatever identity one
thought one had, and becomes most similar to that which one most
Youth will have to live with this, if not find good ways of fighting
it Youth will have to learn some tricks. For example, suggests Ann
Arbor poet Al Silverman, youth might develop a cult of the lopotomy,
sugggsting lobotomies are better trips than LSD. The cult would eagerly
be co-opted by establishment devils who would go one better than youth
and get themselves lobotomized, thus rendering themselves as placid
as play dough.
BUT A MORE serious-minded method for fighting the Marcuse
Horror Show is for youth to abandon the illusion of purity, which for
the purpose of this article will be called the Tim Buckley Phenomenon.
One listens to Tin Buckley in song, constantly saying goodbye to
that which is old and corrupt and banal and smiling hello to that which
is young, universal and, well, pure. Buckley is constantly lighting his
purest candle (his purest candle, that's his phrase) for some hobo with
whom he wants to talk. The hobo, understandably, never stops at Buck-
ley's house. "Turn to stone," Buckley cries in reply.
No one should ridicule Buckley's art, for it is surely among the
most poignant and powerful experiences of our time. But part of that
power and poigancy lives off of the illusion of purity, which youth
will have to learn it simply cannot afford.
THIS PURITY has nothing to do with sex or swearing or anything
like that. It has to do with experience. Youth ishooked on the illusion
that his experience is pure.
A kid grows up in America. Let's not talk about the exceptions who
walk to school barefoot through five miles of snow. Instead let's talk
about the upper middle class children, your friends and mine, who, are
the youth movement. Further let's not talk about their parents giving
them not love, but everything money could buy. Let's also think about
the experiences of youth instead of picturing youth as plants which
can be watered with Ovaltine or bile to grow accordingly.
BRIEFLY, what's important about the experience of Youth in this
context is his purity. Youth has been fed and tested and educated and
clothed and little leagued and libraried all his life. He has been trained
to believe in his own goodness and potential,as if he need only find the
right, vocation and the right mate and life would be forever a pre-estab-
lished orgasm of sweetness. Youth is not mean. Youth never gets into
rumbles, never has to scramble to survive. When Youth does get ar-
rested for shoplifting or something, the authorities seek to adjust him;
no one swears at him or beats him around. If a kid ever manages to act
up his antics are viewed by parents and authorities as extraneous -
from his purity.
So the kid grows up believing that he is pure, that the world ex-
ists to serve his purity. There's no such thing as a bad bow, says the
great father image of us all. So there isn't any bad in any boy, we in
the youth movement derive for our own case.
WHEN YOUTH comes to make his revolution, years after the little
league, he still believes in purity. He believes his cause is perfect, so he
is shocked when he has trouble organizing for the Movement. Even
more, he is shocked when he gets clubbed or beaten up by police or
counter-demonstrators. He talks of revolution, but at no time will he
allow the thought to cross his mind that revolution will have much to
do with controlling the army. He talks of disruption, of taking to the
streets, in short of actively confronting the state.
But when some state officials take his threat seriously, he backs
off into talk of love, as if angry thoughts never crossed his mind. Youth
likes to think of itself as fighter, but he can, never imagine himself
thought of by anyone as the enemy. That is because Youth believes
in the illusion of his own purity.
FURTHER: Youth spends hours and hours in meetings, brain-
storming for Movement activities. He gets great ideas, but the ideas
never come to anything. One reason for this is that Youth doesn't
recognize how incredibly difficult it would be to do what he things up.
Youth also wants a pure Movement, he doesn't want to make mistakes
of the Old Left or anyone else. So Youth is often so careful about his
choices that he never gets around to doing anything.
No wonder then some Youths walk away from the youth Move-
ment reeling and disillusioned after months of marathon meetings and
little accomplishment. Youth expects it to come easy. The illusion of
purity leads to the politics of the long rap.
RELATED IS YOUTH'S attitude toward experience. Youth talks
only of the pleasures of various kinds of dope, of the orgasmic con-
sciousness of the trip.
In doing so, Youth misses the other half of the experience: the cost.
Youth never really thinks about the amounts of energy he must bring
to his trips. When he finds himself depressed and weak-kneed at some
quiet time after ecstacy, he knows. not why. The illusion of purity
makes youth blind to the costs of pleasure.
Further related: Youth does not know about discipline. He thinks
of it only in terms of the totalitarianism of others. Rarely does he as-
pire to discipline himself. So youth hovers over scenes, picking out the
morsels, living with a vague feeling that he isn't accomplishing any-
thing. The illusion of purity leads to a false and dangerous motto;
"What's best comes to the mind automatically."
Youth finds that his mind is as big as all outdoors. He- has, how-
ever, some unsettling doubts about his body. Actually, youth doesn't
know much about his body. He probably hasn't used it much so he
can't quite imagine it working or dancing or fighting or dying. He
abuses his body with nighters and never gets around to exercising it;
Youth finds he has problems appreciating sex. So he buys the most
interesting Grove paperback he can find on oriental varieties of inter-
course. What he wants to know of his body he thinks he can know
through his mind. The illusion of purity provides a false aesthetic: if
it sweats it is not very nice.
UNFORTUNATELY this all sounds like the foul mutterings of
some mindless old jerk who would never spare the rod and spoil the
Support for a student regent
IT SEEMS the governing board of Van-
derbilt University has made room for a
student, a senior, who will take his place.
at all meetings and presumably have a
say in the formulation of policy. Said
Vandy's clancellor: "It will bring t h e
trustees +close to the contemporary life
of the campus."
When the news broke, one coed sug-
gested that student dissenters no longer
would be able to "keep the governing
board as a 'pure hate object.' This takes
a lot of wind out of our sails."
We think the Vanderbilt plan has a lot,
going for it, though not for the reason the
coed suggested. What is student power if
it isn't represented on the governing
board? We doubt if University President
Robben Fleming would object to a stu-
dent regent here, and what better way to
show good faith with the student com-
Whether this individual is chosen by.
the campus-wide election or appointed or
picked by some other appropriate means
we leave to some 1 a t e r consensus. As
things stand now, a student has no chance
of being elected to the board of regents.
TE IMPORTANT THING is that a stu-
dent sit on the board of regents. The
Important thing is that the regents bene-
fit from his advice and complaints. Again,
We leave to a later consensus whether he
should be given a full vote on matters to
come before the board.
We realize the difficulty of one student,
or even five, seeking to represent a some-
times sharply divided university com-
munity. Obviously the student regent
could not please all student groups all of
the time. But that's better than having
no representation on the board at all,
which is the case today, And if it's ascer-
tained that a majority of students don't
care for the idea of a student regent, the
plan can be quietly dropped and the Uni-
versity is no worse off for having made
-THE ANN ARBOR NEWS
Nov, I1, 1968
TODAY IS THE SECOND and final
day of elections. Students are
voting for four at-large members to
Student Government Council.
The Daily Senior Editors have en-
dorsed Larry Deitch, Mary Livings-
ton, Howard Miller and Bruce Wil-
son. All four are excellent candidates
with -thoughtful and concrete sug-
gestions for SGC's future direction.
The Senior Editors rated Mike
Farrell a n d Mark Rosenbaum ac-
Rated unacceptable were Jack '
Brand, William Eldridge, Dale Jur-
cisi, Roger Keats, Michael Modelski
and Douglas Morris.
SGC is at a crossroads. The issues
coming before Council in the next
few months will affect the interests
of every student. We urge you to vote
in this election.
Squishy soft' on Greek fascism
By STEVE KOPPMAN
REECE'S MILITARY rulers
have gotten some more
healthy pats on the back from
In addition to electing Spiro
Agnew vice-president, the United
States has resumed heavy arms
shipments to Greece.
The resumption was implement-
ed as part of our responsibility
to NATO, which was founded by
the U.S. and itst allies 19 years
ago to defend "the principles of
democracy, individual liberty and
the rule of law."
It brought an end to the United
States' barely detectable resistance
to the dictatorship which seized
control of Greece 18 months ago.
The coup which brought the
junta to power took place shortly
before a scheduled election ' in
which the Center Union party, led
by George Papandreou and his
son, Andreas, was expected to win
decisively. The party had angered
the Greek "establishment" by call-
ing for the removal of rightist
army officers, reduction in royal
power, and sweeping social re-
IT HAD ALSO distressed Amer-
ican representatives by demanding
an end to flagrant American inter-
ferene in Greek government, and
a more independent foreign policy.
Now it is widely believed that
the fascistic nature of the regime.
Freedom and speech, press and
assembly are nonexistent. Soldiers
dominate every ministry of gov-
ernment. Independent organiza-
tions have been brought under
state domination or disbanded.
One junta member said that
elections would take place "over
my dead body."
A MANCHESTER Guardian
reporter early this year claimed
he couldn't find anyone uncon-
nected with the government who
approved of the new regime. Yet,
it is likely that some Greeks do
support it. It has brought greater
economic stability, balanced the
budget, curbed inflation somewhat
and ended the strikes which
plagued Greece also.
But opposition to the govern-
ment has -become visible. Along
the funeral route of George Pa-
pandreou (who died last week at
the age of 80 after an ulcer opera-
tion) thousands of Greeks voiced
their opposition to the military
regime, shouting slogans of de-
fiance and democracy. The police
used remarkable restraint, arrest-
ing only a few especially noisy
One who has not been restrain-
ed is A. Panaghoulis,convicted
last week of attempting to as-
sassinate George Papadapolous
leader of the regime.
States support for the dictatorship
is likely to lead to another Viet-
nam in Greece."
In this sense the case of Greece
is not an isolated one. It serves
to point out the sanction given
by our government to repressive
regimes around the world.
The trend toward military ' dic-
tatorships is gaining, especially
in Latin America. Three-quarters
of that area now lives under such
governments. The latest victim,
Our tolerance and aid toward
these regimes can only serve to
further this trend.
The results of last Tuesday's
election give no comfort to those
looking for a change in this poli-
cy. Nixon's stance has been to
favor anti-communist govern-
ments of any type. Agnew is re-
portedly a strong supporter of the
IT SEEMS our policy has be-
come so perverted that we are now
considered the champions of a
fascistic regime in Europe.
In 1947, the Truman Doctrine,
which gave the reasons for Amer-
ican involvement in Greece, con-
trasted two ways of life. One was
"based on the will of the majority,
free elections and freedom from
political oppression. The other "re-
lies upon terror and oppression
and suppression of personal free-
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WALLACE IMMEN ................... News Editor
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