FRIDAY, AUGUST 28, 1964
THE MIC IGAN DAIILY
as aPY,~UVSa2, 96 T aIC IAN B.V!7I11V
On Academic Freedom Issue
For Direct Classified Ad Service, Plhoc NO 247a
from 1:00 to 2:30 P.M. Monday through Friday, and Saturday 9:30 'til 11:30 A
the differences in these criteria
greatly confused the issue and put
the faculty suspensions under ad-
ditional question.
The policy toward subpoenaed
students followed by the Univer-
sity, recommended to Hatcher by;
a student advisory group before
the hearings began, centered on
three main points:
-Lack of cooperation on a stu-
-dent's part imposes less serious
obligations upon the University
o take disciplinary action than
does a teacher's reticence.
'Unbecoming a Student'
-To impose a charge of "con-
duct unbecoming a student" be-
cause a student might be judged
in contempt of Congress at some
later time for not. answering ques-
tions would prejudge his case.
-The question of fitness for
continuing an education (in the
specific case, of pursuing doctoral
studies) should be an academic
matter subject to the discretion
of the department and the gradu-
"(The professor) owes his
colleagues in the 'university
complete candor and perfect
integrity, precluding any
kind of clandestine or con-
spiratorial activities ...
"If he is called upon to
answer for his convictions, it
is his duty as a citizen to
speak out.. .. Refusal to do
so ... cannot fail to reflect
poenaed by HtUAC at the same instead of the Fifth Amendment
time as Prof. Nickerson, Davis and in refusing to answer questions
Prof. Markert. before HUAC, was to be turned
Await Recommendations over to the federal Justice De-
While Sharpe and Shaffer partment for prosecution.
awaited their H AC hearing in Davis had been told by law-
the summer of 1954, thethree fac- yers during the hearings that only
ulty members awaited completion the Fifth Amendment could grant
of the hearings by the special Sen- him immunity from contempt
ate committee and the group's charges.
recommendations to Hatcher. Rep. Velde termed Davis and
For , Davis, however; trouble the other 16 witnesses cited at the
came sboner. On July 24 he was time "some of the most abusiv.
cited for contempt . of Congress. witnesses ever to appear before
The citation, handed down be- the committee."
cause he had invoked the First Prof. Nickerson took issue with,
this charge, maintaining that "Da-
vis was anything but abusive .
G o©is he was quiet and respectful. He
1K would never have been cited if he
rop Sel'sleusn
had used the Fifth Amendment in
M refusing to answer questions."
(continued from Page 1
And second, it would officially
represent all the Michigan insti-
tutions in contacts with the 'state
government. Under the state board
the schools are to handle this sep-
arately.
Another point of difference iE,
that the governor would appoint
members of the coordinating board
for about 10 year terms. State
board members are to be elected
at-large at eight year intervals.
In addition, the coordinating'
board would have as its sole re-
sponsibility higher education. ThE
state board is slated to encom-
pass all state education.
Speculation on Effect
Whiile the citation touched off
speculation on how much weight
Hatcher would give to the'. charge
in his decision on dismissal or re-
instatement for Davis, University
officials declined to comment or
the effect of the citation.
They explained that the Uni-
versity's thinking had been en-,
tirely based upon the actions of
the three professors at the original
hearings, and that for the Univer-
sity to take intoaccount the con-
tempt citation would introduce an
tinued membership in the Uni-
versity whose policies he disdains
and whose responsibilities he ig-
nores.
'Inimical to 'U' Mission'
"Your conduct to date is clear-
ly inimical to the mission and
trust reposed in this University
and indicates your unfitness to
continue in the position you hold."
Davis had limited himself pri-
marily to telling the special com-
mittee why he would not discuss
his political beliefs and alleged
Communist activities. In his tes-
timony before the faculty group
Davis had declared:
"Public intimidation has made'
many people terrified, not merely
of Communism but of anything
they have been told might be con-'
strued as socialistic. Many people
have been so confused that they
could not think on the subject if
they dared.
"I will not .talk politics under
duress.,
Recourse
Davis was not without recourse
from, Hatcher's recommendation,
however, for the procedures plan-
ned for suspension and dismissal
cases guaranteed him an appeal
to a special faculty body: the
Senate Committee on Intellectua
Freedom and Integrity. After de-
ciding to initiate dismissal pro-
ceedings, Hatcher would have tc
consider the recommendations of
the freedom and integrity group
before asking the Regents to car-
ry through the dismissal..
But when before the group,, Da-
vis again refused to discuss his
alleged Communist associations
declaring that to do so he would
have had to discuss his political
beliefs. This committee, too, rec-
ommended his dismissal. Hatches
passed this recommendation on to
the Regents, who concurred.
Davis was formally fired Au-
gust 25, 1954.
The day before, a. state Grand
Jury had indicted Davis on 26
counts of contempt of Congress.
It wasn't until ,November, 1956,
however, that Davis' trial was fin-
ally held. After two short days of
trial, the court deferred a verdict
until almost a year later.
Despite Davis' contention that
HUAC's questioning violated the
First Amendment, he was convict-
ed on Seit. 19, 1957. When an ap-
peal to a higher court also failed,
Davis wound up spending six
months, in prison and paying $250.
TUESDAY: Another firing, a
reinstatement and reaction.
4
ma
not
but.
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11
upon a p r of e s s i o n that Kaplan said that because the bee
claims for itself the fullest 1962 state constitution is "ambig- sti
freedom to speak...." uous" on the State Board of Edu-
--The American Associa- cation, the committee feels that peo
tion of Universities on most of its proposals for a strong. ed
er board could possibly fit within of
academic freedom the framework of the present state
board. Most administrators have
ate school and not to that of a expected that the state boar' de
faculty Senate advisory committee would not approach powers out- -
or the student judiciary. lined in the committee's report.
The University did, however, in- The report said that "it is con- -
dicate that a Joint Judiciary ceivable that the (state board) elem
Council hearing would be request- may be granted most of the power what
ed if HUAC asked citations for here described. It emphasized that is no
contempt of Congress and if the if its recommendations were put Bu
citations were upheld by congres- into effect, that despite centrali- Hatc
sional vote. zation of control over higher edu- ask t
The two students Myron Sharpe cation, "safeguards would be pro- Th
and Edward Shaffer, were sub- vided to insure internal autonomy in a
of institutions." that
The committee made its rec- tions
Elect Robbi s n>mmendations for a stronger board speci
EJe t Robbms after studying the methods em- excui
ployed in higher education in oth- fessi
T residenc er states. time
Of Association
(Continued from Page 1)
after his opponent, Paul Booth of
Swarthmore College, withdrew his
name at the end of his speech. .
Public intimidation has
de many people terrified,
merely of Communism,
of anything they have
n told might be con-
ued as socialistic. Many
ple have been so confus-
that they could not think
the subject if they dared.
I will not talk politics un-
duress."
-H. Chandler Davis on his
dismissal
ent of prejudgment. Precisely
effect the citation did have
t known.
t four days after the citation
her announced that he would'
he Regents to dismiss Davis.
e president's decision came
letter to Davis. It explained
Davis' refusal to answer ques-
both before HUAC and the
al Senate committee was "in-
sable in a member of our pro-
on who seeks at the same
the protection of and con-
-i
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I
E k0©m
Elected national affairs vice-
president was Philip Sherburne of
the University of Oregon. Michael
Lawler of the University of North
Carolina was elected as student
government vice-president.
Robbins is a 22-year-old grad-
uate student in history at the Uni-
versity of California at Los An-
geles. Born in Seattle, he went to
high school in Spain and entered
UCLA at 16. He has also studied
at the London School of Economics
and is now enrolled in graduate!
school at UCLA.i
This was his fourth National
Student Congress. He has also been
chairman of the California-Neva-
da-Hawaii region of NSA.
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