Ann Arbor ,nS turaJ n 9,191 enCe tl ve Pae
Vnl I XXXI No. 33-S
Ann Arbor, Michigan-Saturday, June 19, 1971
COURT BARS PUBLICATION
OF WASH. POST WAR STUDY
By ROBERT KRAFTOWITZ
Special To The Daily
WASHINGTON - A federal Court of Appeals early this morning
ordered the'Washington Post to suspend publication of a series of
articles in the same secret Pentagon study that the New York Times
was ordered to stop publishing Tuesday.
At 1:15 a.m. EDT the three-member panel of judges overturned
the federal district court judge's earlier decision to refuse the federal
government's request for a temporary restraining order against
The Appellate court's ruling, coming after the Post had already
printed 150,000 copies of today's issue, said the restraining order
would not apply to the remainder of the 500,000 press run.
The court clarified its ruling for the Post shortly after 2 a.m. to-
day. Following the initial appellate court ruling, managing editor
Eugene Patterson had ordered the presses stopped and the article
removed from the paper's fourth edition.
Top Post officials had said earlier yesterday that they would
follow the lead of the Times in obeying any court order on halting
publication of the controversial Pentagon study.
Meanwhile, in New York City yesterday, a federal district judge
heard arguments on whether he should uphold the government's
request that the Times be perisanently barred from publishing the
remainder of its story.
Federal District Judge Murray Gurfein issued a four-day restrain-
ing order Tuesday forbidding the Times from further publication of
the three articles that appeared.
Gurfein has given himself until 1 p.m. today to decide whether
to permit the Times series to resume. Whichever side loses is ex-
pected to appeal. Judge Gerhard Gesell, who had earlier denied the
injunction against the Post, said his decision was based on "a raw
question of preserving the freedom of the press."
Differing with Judge Gerfein's decision in New York City, Judge
Gersell ruled that the first Amendment barred the courts from
exercising prior restraint over publications of materials the govern-
ment feels would endanger the national security.
The information (i nthe Post's series) unquestionably will be
embarrassing to the United States but there is no possible way..
that a court would be able to determine the implications of publica-
tion on the concept of government affairs, or to weigh the implications
against the effects of withholding information from the public," Gesell
The controversial study, ordered by former Secretary of Defense
Robert McNamara, is an extensive analysis of the origin of U.S. in-
volvement in Indochina based largely on secret documents in govern-
The Times articles published prior to the restraining order indi-
cated that in 1964 and 1965, the administration of President Lyndon
Johnson put into effect a plan for escalating American involvement in
the war while saying publicly it was doing the opposite.
The Post's first article reported that the administration of
President Dwight Eisenhower attempted to reduce the possibility that
the 1964 Geneva conference would call for free elections throughout
North and South Vietnam.
According to the Post, the Pentagon study said that American
opposition to the elections arose from their fear of a Communist
However, the Post added, in 1955 it was South Vietnamese Presi-
See GOVT., Page 10
THE WASHINGTON POST yesterday began publication of an account of a Pentagon study of the ori-
gins of the Vietnam war, based on the same material as a similar study by the New York Times. An
injunction by the U.S. government to halt publication of the report was denied by District Judge
agrees to further
action on bias charge
By GERI SPRUNG firmative action program." women's commission has asked
Responding to criticism of a The affirmative action pro- for "an alternative procedure
University decision not to pay gram is an agreement reached for the review of back cases".
higher salary and back pay in a this winter between the Univer- Although there was a mem-
case of alleged sex discrimina- sity a n d t h e Department of ber of the women's commission
4 tion, President Robben Fleming Health, Education and Welfare, on the review committee, her
said yesterday that "further pro- which ordered a plant to elimi- role, the letter states, "is ex-
cedures for hearing that case nate sex discrimination from tremely ambiguous." "The wo-
will be provided.' t h e University's employment men's commission representa-
While agreeing with charges practices. -tive was not included in all
from the University's Commis- Objecting to the procedures on meetings and did not have a
sion on Women that the pro- the grounds of partiality, the See 'U', Page 10
cedures to hear the case were
4 unfair, Fleming defended the
reasoning behind that decision.
Cheryl Clark, a research as-
sistant with the Highway Safety
Research Institute (H SRI)
filed a complaint, with the Uni-
versity last January charging
that a male employed in the
# same job classification with the
same duties receives a higher
The University c o m m i t t ee
which heard the case-composed
of two management people and
one representative from the wo-
men's commission-rejected the
allegations of sex discrimination
on the basis of differences in the
two employes' educational back-
grounds, experience at HRSI,
and specific job functions. The
vote was 2-1 with the women's
commission member dissenting.
In a letter written Wednesday
to the University's executive of-
ficers, the women's commission
replied to the Clark decision,
saying "the procedures and con-
cepts on which the decision in
the greivance case of Cheryl
Clark were based are in basic
conflict with the guidelines enu-
merated in the University's af-
By ROBERT SCHREINER
He might not spend all day playing fris-
bee on the Diag, but President Robben
Fleming still finds summer to be a welcome
change from the regular academic year.
Lounging on a brown leather sofa in his
spacious office at the Administration Bldg.
yesterday, Fleming explained the presi-
dent's job is much less demanding in the
summer months, at least when compared to
the fall and winter.
"It's much quieter around here in most
respects, since most of the students are on
vacation," Fleming says, "and it seems the
causes that interest students during the
fall and winter go on vacation, too."
"Ann Arbor is a nice place to be in the
summer," he continues. "I have far fewer
commitments now, and that probably makes
it even more attractive."
Fleming explains that although the winter,
term ends in April, there is only a slight
decrease in his workload until just about
now, when other colleges and universities
let out for the summer.
"A lot of my schedule gets organized in
connection with other schools throughout
the state and country, so up to now, things
are not much different."
"But from now until about the first of
September, it's definitely a different kind
of business," Fleming says.
Although he just finished delivering five
commencement speeches at other institu-
tions, Fleming says he will deliver only a
few more speeches throughout the sum-
mer, compared to the enormous number of
talks he gives during the regular academic
Also, Fleming meets with fewer students
and faculty members during the summer
months, simply because there are not as
See FLEMING, Page 7