(14 f K4*Igan Bt an Eighty years of editorial freedom Edited and managed by students at the University of Michigan Maynard St., Ann Arbor, Mich. News Phone: 764-0552 Editorials printed in The Michigan Dailvyexpress the individual opinions of staff writers or the editors. This must be noted in all reprints. Friday moring Censorship: Heavy hand on the college press by daniel zwerdiing IDAY, FEBRUARY 19, 1971 NIGHT EDITOR: LYNN WEINER Regents' reply on judiciary A CONTINUING problem at universities throughout the nation is the estab- lishment of judicial bodies that are fair, effective and respected by all elements of campus communities. The rise of student activism over the last decade has made such new judicial systems essential. Students, who will no longer accept trials conducted solely by faculty members and administrators, ,have demanded trial by their peers - other students who have a unique under- standing of the social, political and cul- tural conditions on any one campus. The same activism that has fostered new university judicial procedures has also insured the downfall of some of the judicial systems at other campuses. For a legal system to work, it must have the broadest possible acceptance and trust of the various segments of the campus community. Here, for more than nine months, a committee of students, faculty members and administrators has been grappling with a plan for a new University judi- ciary. THE PLAN is now under consideration by the Regents, who must approve it before it can take effect. In deliberating on the committee's draft the Regents have proposed several changes. While these alterations do not change the most crucial feature of the plan- all-student juries in cases where students are defendants -.they do threaten the delicate balance the committee reached after so many months of deliberation. One of the most serious changes urged by the Regents would alter the method for making major procedural decisions such as barring testimony and excluding a defendant from the courtroom. The committee had proposed that any of the student or faculty judges c o u d veto such unusual moves, while the Re- gents insist that a majority vote be suf- ficient to implement them. Thus a presiding judge and a faculty associate judge could limit testimony of a political nature and throw defendants and their lawyers out of the proceedings over the objection of a student associate judge. THE EFFECT on the credibility of the judicial system could be disastrous if the presiding judge, an outsider to the University community, and a faculty member limit testimony in political cases, which are expected to comprise a sub- stantial percentage of the judiciary's docket. The Regents also proposed that decis- ions of the jury on guilt and sanctions be made by m a j o r i t y vote rather than unanimously as originally proposed by the committee. In a spirit of compromise, the commit- tee agreed that majority vote on sanc- tions would be acceptable but insisted on retaining unanimous decisions on ques- tions of guilt or innocence. An established legal principle is that guilt must be proyed beyond a reasonable shadow of doubt. This principle is em- bodied in the requirement for a unani- mous vote for conviction in most crim- inal trials. The widely divergent elements of our society at large have not prevented de- cisions in the criminal courts; there is no reason to believe that the unanimity requirement would do so in the University setting. . Under the Regents' draft of the judic- iary plan, as few as four jurors could convict a person. Considering the sever- ity of possible penalties, defendants should have the protection of a unani- mous decision on guilt. A NOTHER MAJOR change proposed by the Regents would allow them to choose the presiding judge and o t h e r officials of the system from a number of candidates proposed by Senate Assem- bly and Student Government Council. The committee had recommended that the Regents have veto power to vote up or down a whole slate proposed by the two bodies but not to pick and choose among possible candidates. This alteration is an unwarranted at- tempt by the Regents to exert their in- fluence where it would best be delegated to those on campus. Absentee landlords. the Regents do not have adequate con- tact with the University community to make a judicious decision on the selection of officers of the judicial system. The final major change proposed by the Regents was in the composition of the judge panel to conduct proceedings. The committee had recommended a half- year trial period for each of two differ- ent methods - one would have two stu- dent and one , faculty associate judges for student trials and the other would have one faculty and one student assoc- iate judge for all trials. The Regents, insisting on the second scheme, undermined a compromise that was vital to acceptance of the plan by student representatives, who agreed to experiment on the makeup of the panel. Because there is doubt over w h i c h procedure would work best, the Regents should allow the limited trial period. Since the Regents will review the bylaw at the end of a year of operation, they will then be able to judge better which is the best method. While some of these changes m i g h t seem minor, they could substantially af- feet the functioning of the proposed judi- ciary. The Regents, rather than trying to second-guess the committee that draft- ed the proposal, should listen to its rea- sonable arguments and act accordingly. THE MOST important thing, however, is to get the new judiciary underway. While neither the original committee pro- posal nor the regental draft is perfect, the general features of the proposed scheme suggest that the University judi- ciary can be the answer to the campus' need for an impartial, widely respected, legal system. -DAVE CHUDWIN PETER ZENGER would have fits in Pueblo, Colorado, where the editor of the Southern Colorado State "Arrow" was fired by the University administration af- ter writing an editorial on campus park- ing problems. Or Peoli, Ohio where the Central College "Ray" publications board censored a Collegiate Press Service article on political wristwatches. When CPS surveyed 150 college newspaper staffs recently, about 60 complained of ad- ministration harrassment and 25 reported overt acts of censorship. College adminis- trations that don't like what their students are reading have physically locked the newspaper staffs out of their offices, with- held student fees, physically cut articles from pages and fired editors. PRESS CENSORSHIP on the campuses is growing, but in most cases the papers hit aren't politically charged, radical sheets- they're small campus papers, conservative by Ann Arbor standards, which focus on banal social events and campus personal- ties. Recent cases of censorship: * Wisconsin's state colleges are having trouble over abortion ads. After campuses at River Falls and Oskosh ran ads on New York counseling abortion services, the state assistant attorney general wrote an informal letter suggesting the ads might be illegal because abortion is illegal in Wisconsin. The state college presidents have ordered all the ads killed-no legal opinions, no court tests. At River Falls, the president told the editor he would fire her or shut down the paper if she disobeyed. That suf- ficed; no more ads. At Oshkosh, the editor ran the ad anyway; the faculty adviser pulled it off the page, leaving a gaping hole. ! At Southern Colorado State College, the burning issue of the day is parking prob- lems: the university wants to turn over jurisdiction for parking tickets to the city instead of campus police. When the editor of the "Arrow" wrote an editorial question- ing the ability of the local magistrate to handle campus parking problems, she was fired. The managing editor quit. The student publications board said the editor should exercise ultimate control over copy, but the president disagreed: he shut the paper down. The Arrow has suffered before. When it tried in October to print an editorial criti- cizing the university president, J. Victor Hopper, the faculty adviser ordered the printers to strike the entire edit page from the issue. * At Norfolk State College in Virginia. the college dumped the associate editor by getting a court injunction banning her from the campus for 30 days. Her paper had ac- tively criticized dorm coed visitation rules. * At Dillard, a black Methodist-supported university in New Orleans, the board of trustees withheld all operating funds when the paper was scheduled to begin pubhca- tion in September. Administrators say it was a financial matter. The real reason: this year's editor, the trustees discovered, maintains ties with Muhammed Speaks, is chairman of the Black Student Press, and wants the school newspaper to relate to the community and the black struggle. "The articles don't relate to Dillard stu- dents and their activities," complains the dean of students-he means fraternity par- ties and fund-raising drives. In December, the administration finally relinquished the paper's funds, with a proviso that a faculty adviser read every inch of copy before it goes to print. THE SCENARIO repeats at campuses across the country-most often at small col- leges where the students accept as second nature, that the administration will control what they print and what they read. No one's advocating revolution, or the overthrow of the campus administration. The students are simply challenging local authority, and making independent judg- ments which administrators have jealously guarded as their own perogative. Fighting the system is nothing new: what's signifi- cant is the petty, parochial level of , the struggle in most of the nation. That's not a slur on the students: it just indicates we have a long way to go. YOU DON'T HAVE to look to the sticks to find press censorship. In California last month, the Regents passed mandatory guidelines for the entire state college sys- tem, including Berkeley and UCLA. Last fall, the Regents ordered campus chancel- lors to formulate acceptable guidelines on what the papers could and couldn't print. or face withdrawal of all funds for campus publications. The nine campuses dutifully filed vague guidelines based on the Canons of Jour- nalism of the American Society of News- paper Editors, vague notions which declare that "freedom of the press is to be guarded as a vital right of mankind," but condemns news bias or articles and photos which vio- late common decency. The Regents ac- cepted them and tacked on guidelines of their own: From now on, every paper in the California system must be reviewed by the administration within 24 hours of pub- lication. Every chancellor can exercise dic- tatorial power to fire or discipline any staff member, or shut down any newspaper, when he decides the paper has violated the guide- lines. EXACTLY WHAT can't a paper print'? "I couldn't speculate," says John Canaday, the Regent who proposed the system. "In each case, its a matter of interpretation"- interpretation by individual chancellors. One thing is out, Canaday declares: no edi- torial slant. The Regents call it "socio- political advocacy." For every editorial viewpoint printed, a paper has got to print an opposing viewpoint. It will be interesting to watch how Berk- eley's chancellor Roger Heyns-who will move to Ann Arbor's campus this summer- will handle his powers. He calls the guide- lines "one more effort to get chancellors to engage in editorial control. I'm not going to get involved in censorship," he says. SOME ARGUE that if freedom of ideas should exist anywhere, the university is the place. The Regents don't see it that way. "If you don't have guidelines for the press," says Canaday, "all you have is anarchy." Al t'I 4- Letters to The Daily: Good teaching requires time To the Daily: I ASSUME that Robert K'a~lo- witz, author of The Budget Crisis in Tuesday's Daily, is an under- graduate and hasn't been exposed to the time-consuming problems of getting sound information from original sources and organizing it into a logical, comprehensible pre- sentation. Good teaching is not a matter of chatting informally about whatever happens to be on the top of your head at the moment. For each hour a professor spends in class, many more hours must be spent in preparation; the total weekly average is usually much more than forty hours. If such long outside-of-class hours were not spent in preparation, I'm sure Ro- bert Kraftowitz would be the first to complain about the quality n" his education. You can't have your cake . . -Prof. Dorothy S. Luciano Department of Physiology Feb. 17 Right on To the Daily: THE EDITORIAL on "Garris victory" by Alan Lenhoff in Thurs- day's Daily was the biggest bit of trash you've printed in a long time. How any man in his right mind can interpret the vote as a victory for Harris is beyond me. How any-, one in his right mind can also say that good staunch Democrats crossed over to vote for the oppo- sition in order to defeat a more potential threat to Harris's con- tinued farce in office is also incon- ceivable. It defies the imagination to say the least. I wonder, could it not be that the people in Ann Arbor are just sick and tired of the trash they've been getting from city hall and are finally getting up on their hind legs to fight back? From where I sit and from what I hear the silent majority is about to rise up and strike a blow for decency. for law and order, and for every- thing RIGHT!! -Homer F. Bruneau Feb. 16 Currency change To the Daily: I THINK Jonathan Miller's ar- ticle on the new British currency is rather naive. As a South African, I can well remember the confusion in that country when the decimalized cur- rency was introduced in 1961 to replace the British-inherited duo- decimal system. The method adopted was precise- ly that suggested by Mr. Miller and yet banks had to close in prepara- tion, people were confused, goods carried two prices for a while, pric- es generally rose and often people were cheated. In fact, the great merit of the British decision to retain the Pound as the basic currency unit at its present value is that, unlike in the South African experience, the public will have the same standard of reference for the cost of goods: a car will still cost £1179 and not R2358 (rands) as in South Africa, a shirt £3.50 and not R7, etc. This alone eliminates much inconven- ience. Incidentally, South Africa is now in the process of decimalizing its weights and measures and all the old problems have arisen again. It is surely apparent (except to so biased an observer as Mr. Mil- ler clearly is that these diffic'il- ties are inevitable in implementing such a sweeping change. No, people resist uncomfortable change but after some exposure. adjustment to it follows. And so there is every chance that in i few years the British currency change will have been forgotten and hopefully, too, Mr. Miller will have come to realize the antipathy for American rather than local solutions to other countries' prob- lems-at least the British had 01- sensitivity to realize this and with- draw when it applied to them. -Merton Shill Feb. 18 (EDITOR'S NOTE: Jonathan Mil- ler is British.) Budget To the Daily: CONCERNING Mark Dillen's news analysis of Gov. Milliken's announced cut-back in State ap- propriations to the University of Michigan: I agree categorically with Mr. Dillen's assertions that the proposed cut-backs, in all their ramifications, will curtail t h i s University's present expansionary growth. Indeed, the cut back may even result in a deflationary pro- cess of institutional shrinkage. There may well be fewer students 0w, The New Nixon Keep military research: A letter from Willow)Run r r .w . i i + i Y I- -.-r 'I '{ a ^ Y- f; M p 1 y l " 1971, The Rees~tor r } and Trbune Syndicats. I ___ __ *1 *' II j . To the Daily: THE TOPICS of sponsored, De- partment of Defense, and/or classified research were thoroughly analyzed over a two-year period a few years ago. As one who is close to the scene, perhaps it would be useful if I provided a summary of the news since that time. None of the philosophical considerations have changed. The overall level of sponsored research in engineering and closely related fields at Michi- gan has dropped off significantly, causing serious problems for some of our staff. The level of research directed at using advanced tech- nology for nonmilitary applications has greatly increased. For exam- ple, since 1968. environmental re- search (e.g., earth resources sur- vey) at the Willow Run Laborator- ies has grown from a few percent to forty percent of the total activity. The most newsworthy event at the Laboratories has been the trans- fer of state-of-the-art technology developed under Department of Defense sponsorship) to environ- mental problems such as the detec- tion of water pollution, the survey of agricultural crops, and the an- alysis of earthquake effects. people in numerous agencies, es- pecially NASA. This ealtivation re- quired about five years, and in 1965 a contract to research the concept was establioned between NASA and The University of Mich- igan. Currently, N kSA activities involve three satellite systems and many aircraft, a research effort funded at a two millio* dollar level with the Willow Run Laboratories, and an overall research effort of hundreds of millions of dollars con- ducted on a worldwide scale. OTHER AREAS have developed in a similar manner; coherent ra- dar, infrared technology, and co- herent optics and holography have been pioneered by the Willow Run Laboratories. The moral of such stories is the following: serious, competent, dedicated, hard work- ing, talented people stimulate great progress. The question remains as to the possible value of the wholesale condemnation of such research pro- grams that are in part classified. There are many who feel a grave concern for the suffering inflicted by the protracted Vietnam war. They may identify research done irnrer +heaegais of the militaiv with nated. This is the position, of course, arrived at by some sincere people. But the logic is specious. The fact is that we, in any role we find ourselves, are a part of society and must move it in the direction we believe to be correct. This is, of course, an extremely subtle and difficult problem. But it is the problem. The solution will evolve through positive effort, rath- er than from negative recommen- dations of surgery for varicus :seg- ments of that society deemed to be undesirable by some people. A few additional notions should be mentioned. Professional staff must do some proprietary work for clients and sponsors, or else the staff becomes separated from the profession and loses its potency. The word "classified" is attached to information that our govern- ment judges to be proprietary. The government performs this function in the public interest. Since the function of this university is to create value for the public, it is incongruous that this particular case of proprietary service is sing- led out for debate. MANY OF US were a'tracted to this university heause it was a here next year, as well as fewer faculty and administration mem- bers, there may be no city police at all on campus and the Univer- sity may be forced to refine every use of resources to the point where total efficiency is reached. It baffles me, however, to find Mr. Dillen, a student, emotionally upset over the proposed cut backs. I say this because I think m o s t students would agree with the as- sertion that the University Ad- ministration is horribly failing in many aspects of dealing with the number of students presently en- rolled here. Anyone who has found it impossible to talk to an instruc- tor because there are two hund- red other students in class ahead of him, anyone who has had to cut through the red tape at Fin- ancial Aids or Student Certifica- tion or Veterans Affairs, anyone who felt he had to add or drop a class or change concentrations or really talk to an informed coun- selor about degree requirements or fight off a 'Hold Credit' or find married housing or reasonably priced housing, anyone who has had something go wrong - a card missing - at registration, any- one who has had to deal with the Administration at almost any lev- el knows that something is gross- ly wrong. Either everybody in the Administration is incompetent, or the red tape is so thick that noth- ing short of dynamite will blast through it: Sometimes, one feels the only alternative is to drop out and go to a smaller school - at least there you might be able to talk to your history instructor.. One of the more radical hypo- theses floating around today is that there is a time when expan- sion must stop and refinement must begin. Whether it is a call to stop polluting and clean up the environment or stop pursuing an imperialistic foreign policy and destroy the ghettoes at home, the call is essentially the same: Stop expanding and improve the quality of what you already have. In effect, this is exactly what Gov. Milliken seems to be saying about higher education in Mich- growth may result in complete col- lapse. Though it is only my opinion that this University has reached a point where further growth may result in collapse, it seems a veri- fied fact that this University has reached a point where it alien- ates a huge number of students and where further growth will only result 'in further alienation of even more students. THAT GOV. MILLIKEN was once a member of the Board of Trustees at Michigan's first Com- munity College (Northwestern Michigan College in T r a v e r s e City) seems to justify the asser- tion that Milliken's proposals sim- ply reflect the philosophy of those who support community and smal- ler four year colleges. They are not enemies of the large universi- ties; they are friends who simply believe that further expansion of majoruniversities is expansion at the expense of sound education. They believe that community col- leges, especially, should absorb much of the impact of the ever increasing demand for education. And they believe that the smaller educational institution has more to offer many young people than does a multi-versity like the Uni- versity of Michigan. It is a subtle but profound philosophy that makes a distinction between ex- pansion and refinement, a dis- tinction Mr. Dillen did not make in his news analysis. -Robert B. McNabb, '72 Feb. 13 Research To The Daily: THE IDEA of ending war re- search immediately is unrealistic. It seems that people working to- ward this goal have their logic re- versed. The United States forces are engaged in combat with an enemy who is intent upon killing them. The point here is that kill- ing is going on, whether it is mor- al or not is irrelevant. Now, the only way an American soldier can survive under these conditions is E * \ I