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Vol. LXXXVIII, No. 82 Ann Arbor, Michigan-Tuesday, January 10, 1978 Ten Cents 10 Pages Plus Supplement
High ourt to hear dirt words
too difficult to draw a safe line between decent and indecent
By JEFFREY SELBST speech.
The Supreme Court announced yesterday that it would "The feeling with broadcasting, as opposed to wearing
hear a case concerning an FCC ruling banning seven jackets," continued Bollinger, "is that with broadcasting
"indecent" words from the airwaves. ti you have a captWe audience. The FCC had all. but ignored
The FCC ruled in 1975 that the -seven "cuss" words, the Cohen decision when it imposed the 1975 ban (after the
which were the subject of a George Carlin comedy mono- speech guarantees. The appeals court noted that some of the Court takes so few in the broadcast area," he noted. Carlin case) based on this distinction between indecent
logue by New York's WBAI-FM four years ago, were words can be found in great literary works and even in speech and broadcasting. The Court, however, is likely to
indecent, and the FCC imposed an absolute ban on their use. the Bible. BOLLINGER ALSO feels the Court's purpose may be to rule with the FCC."
The seven words are "shit," "piss," "fuck," "cunt," cut slowly back on the ramifications of Cohen v. State of "If they (the justices) agreed with the lower court deci-
THE CASE WAS then brought to the U.S. Circuit Court "tits," "motherfucker," and "cocksucker." California, a 1969 case stemming from an incident in which sion," said Bollinger, "they probably would not have taken
of Appeals which ruled it invalid, calling it "overbroad and University Law Professor Lee Bollinger, an authority a man wearing a jacket bearing the slogan, "Fuck the the case. Obviously, the Cohen decision irritated them, and
vague." Theappeals court agreed with the station's owner, on constitutional freedom of speech issues, thinks the Court's Draft" was arrested and successfully prosecuted. The they are seeking to trim it back, in much the same way as
the Pacifica Foundation, that the Carlin monologue was not decision to review the case is in itself significant. appeals court overturned the conviction, and the decision- they have taken cases in past years in order to whittle
obscene and deserved protection under constitutional free- "This case has special importance because the Supreme written by Justice John Harlan-stated in effect that it is down the impact of the Miranada decision."
FAILED TO MEE T AFFIRMA TIVE A C TION REG ULA TION
averts cutoff
Lesbian
custody
appeal
heard
of federal funds
r Government cites
pay discrimination
By ELISA ISAACSON
The Michigan Court of Appeals
yesterday heard testimony in the
case of an Ann Arbor woman who
was denied custody of her 11-year-old
daughter by an Oakland County
judge on grounds that she is a
lesbian.
Though the court has not handed
down its decision, which may take
months, the outcome of the case
could set a precedent for future state
policy toward homosexual parental
custody.
THE ORIGINAL verdict denying
'the woman, Margareth Miller, cus-
tody of her daughter, Jillian, was de-
livered last June after nearly a year
of hearings. Miller's husband, Paul,
had claimed custodial rights to the
child on grounds that his former wife
is a lesbian with "nomadic" tenden-
cies,
Miller says she raised Jillian and
her brother, Ricky, now 15, for four
years without their father. At one
point when the children were visiting
their father, she said, "he walked
into court and dropped the word
'lesbian'." The next thing she knew,
Miller said, she was presented with
papers which stated she np longer
had custody of her children..
T-he woman's attorney, Shirley
Burgoyne, said she thinks; the origin-
al judge "didn't make his findings
according to the child custody acts."
Yesterday, Burgoyne said, she felt
the three appellate judges had "al-
luded to the fact that an 11-year-old
girl just entering puberty might be in
some kind of danger living in a homo-
sexual environment," while the
See LESBIAN, Page 2
Daily Photo by BRAD BENJAMIN
Planting his poles with determination, cross-country enthusiast Jeff Burnett trudges across a snow-topped Palmer
Field.
a aa.aas"
Winter 's worst doesn't, cross
By KEN PARSIGIAN
The University averted a threatened
Jan. 16 cut-off of federal funding yester-
day by signing a conciliation agree-
ment with the U.S. Office of Civil Rights
(OCR) concerning the University's non-
compliance with Federal affirmative
action regulations.
University, Director of Affirmative
Action Gwendolyn Baker, who met with
OCR officials in Chicago yesterday,
said there were "no surprises" in the
letter of conciliation.
"ALL THE ITEMS the OCR people
discussed had been previsouly spelled
out in their earlier letter to the Uni-
versity" she said. "What really im-
pressed me is how sincere the federal
officials were today (Monday) in pre-
senting their thoughts on establishing
equity through eliminating discrimina-
tion. The spirit, as well as the letter of
the law is important to them."
University President Robben Flem-
ming said he was satisfied with the set-
tlement, and that he had thought "the
matter would be worked out."
Yesterday's meeting came as a result
of a site visit to the University on Dec.
12-16 by an OCR research team, in
which the team found that the Univer-
sity's affirmative action program
"fails in several important respects to
meet the standards and guidelines"
provided by law.
OCR REGIONAL CHIIEF Charles
Duffy informed Fleming in a Dec.. 30
letter that the University's affirmative
action program was deficient in several
areas and that if an agreement to
correct these problems wasn't reached
by Jan. 16 the school would be in danger
of losing federal funds. Duffy suggested
Fleming send representatives to meet
with him in Chicago. Duffy's letter also
contained a detailed explanation of 'the
University's alleged violations. The
specific areas cited include:
" Academic salaries - OCR charges
that "women have consistently
received lower salaries in each rank for
each of the past three academic years."
During the present academic year
females will receive an average wage
which is $589 to $9,770 less than the
average for males of the same rank,
according to the report, and the gap
between male and female salaries has
increased since 1975. Although the dis-
parity between white male and minori-
ty salaries was "not as consistent as
differences 'between male and female
salaries," it is, nonetheless, significant,
especially at the professor and associ-
ate professor levels, the report noted.
" Non-academic salaries - Accord-
Baker
As the sn
local enthu
recent arch
growing sp
While th
high drifts
skiers are
uphill andc
what seem
"MANYI
says skier
shape."
Cross-cou
a down-to-
local cross-country skiers
places as Russia and Scandinavia, but here in the United
By BETH ROSENBERG States it's almost exclusively a recreational activity.
ow mounts and winter winds howl, hundreds of Many Michiganders are attracted to it because of its
usiasts can be seen taking advantage of the relatively inexpensive and hassle-free nature.
iwats cato indulge in the season's fastest- Bassett says it requires the rhythm of an ice skater and
lic weathero u g s the mind of a jogger-but other skiers have a less athletic
eo rest of us wade gracelessly through knee- approach. Former University philosphy student Scott
s, ever-increasing numbers of cross-country Dettinger, for instance, took up the sport because of his
learning to glide along on top of the snow- interest in birdwatching.
downhill, through woods and over fields-with "I NEEDED a way to get through deep snow in the
s to be very little effort. woods,"he says, "and cross-country was the answer."
PEOPLE begin because they find it peaceful," According to local retailers, this winter has witnessed
Scott Bassett. "But it's a good way to keep in a dramatic rise in interest in cross-country skiing.
"I've found a lot of middle-aged .and older people
untry-or nordic-skiing was first developed as taking up the sport," says Mike Nedeau, a salesman at,
earth form of transportation in such snowbound See SNOW, Page 5
ing to OCR, the University is guilty of
"taking no action to determine if
problem areas exist" and making "no
effort to review salary decisions" for
non-academic staff. The report cites
several instances where non-minority
males were paid more than similarly-
situated women or minorities.
. Promotions - Because the Univer-
sity does not have an audit system for
academic promotions in schools and
colleges, OCR wants the University to
analyze its practices for the last (three
years to "identify qualified women and
minorities who have not been promoted
because of sex and/or race related fac-
tors."
THlE REPORT also mentioned lack
of management support for the affirm-
ative action director as a problem.
Despite the seeming severity of the
charges, President Fleming explained
that the two groups "don't really differ
in their objectives."
"I am told that their principle con-
See 'U', age 2
Fleming
. I
.,.,. _ _ , _ _ c
I
Shah gives unqualified support
to Sada
ASWAN Egypt (AP) - The Shah of
Iran plunged into a more active role
in Middle East diplomacy yesterday,
giving his unqualified support to
Egyptian President Anwar Sadat's.
peace offensive.
4'I have come to express my
feelings of admiration and friendship
to President Sadat. . . We hope what
your president is doingI will bring
peace," Shah Mohammed Reza Pah-
levi said on his arrival in this
palm-lined Nile resort city for talks
with Sadat. "I think Egypt is doing
precisely what we believe is right."
ASWAN HAS become a center for
meetings between Sadat and other
world leaders, including President
Carter, who stopped here last
Wednesday during a seven-nation
foreign tour which included a visit to
t 's Mid-East offensive
Israeli peace dialogue, already dead-
locked over the issue of a Palestinian
state, appeared to have run into new
snags on the question of Israel settle-
ments in the Sinai Peninsula.
IN WASHINGTON, the Carter
administration said it wasconfident
Egypt and Israel can resolve their
differences over the Jewish settle-
ments.
State Department spokesman Hod-
ding Carter said U.S
State Cyrus Vance
help negotiate a sol
joins Israeli-Egyptiar
next week.
The shah's trip to
scored his growing
Middle East peace m
the Carter visit New Y
"THE MIDDLE
S. Secretary of area," the shah told reporters in
is prepared to Aswan. "We are involved in the
[ution when he Middle East."
n political talks He said he will fly from Aswan to
Riyadh later this week for talks on
Aswan under- the Mideast with King Khaled of
involvement in Saudi Arabia,
noves following Carter has said the Saudis also
rear's Eve. support Sadat, but they have re-
mained publicly neutral in a dispute
EAST is our that has drawn angry criticism from
some parts of the Arab world.
SADAT'S ARAB critics, including
Syria, Libya and the Palestine Liber-
ation Organization, accuse the Egyp-
tian of selling out Arab unity for a
separate peace with Israel.
The shah, a heavy contributor to
Egypt's impoverished economy, also
is in touch with Israel, where he has
leverage as the chief supplier of oil to
f
-
-
City to decriminalize
public drunkenness
i
'I have
come to ex-
By KEITH RIC"BURG
Ann Arbor City Council last night
passed on first reading an ordinance
that will decriminalize public drunk-
enness in line with new state law.
The Council, meeting in its Monday
night special session, also adopted a
rough draft of a lengthy new human
rights ordinance after over an hour of
Being drunk has always been. a
criminal misdemeanor in AnnArbor,
and currently a person can be
arrested merely for being present in
a public place "with his ability to
walk, talk or see significantly im-
paired by the use of intoxicating
liquor."
Under first draft of the ordinance
passed last night, police would no
press my feelings of
admiration and friend-
. , ~