The change to Bylaw 14.06 is a long-overdue one. However, it is only a start. John Rybock reviews the much-publicized film, "Malice," starring Alec Baldwin and Nicole Kidman. Entering the Big Ten season. the Michigan football team is no longer a lock to win the title. Ohio State and Penn State should provide the Wolverines with stiff competition. Today Ctoudy, chance of rain; High 54, Low 34 Tomorrow More of same; High 54, Low 38 Jr One hundred three years of editorial freedom at! Vol. CIV, No.1 Ann ri s r 9 I e 1e i zt Presidential search a Committee ri s ' ,.:::<:>; l " k candidate poo l ff rnart<;i i a -::i , f a s to five without informing s eniVti s Ue:st" *.i** **v N . - " *seek seat in '94 .the publc. By DAVID SHEPARDSON DAILY STAFF REPORTER In one of thousands of campaign stump speeches in 26 years as a mem- ber of Congress, Democratic Sen. Donald Riegle spoke to stu- dents last Sun- day in the ~ Michigan Union. He took questions and shook hands,not getting back to Washington un- til *after his two young children Rie l were fast asleep. "Enough," S he cried. Riegle, the senior senator from Michigan, announced yesterday he would not seek re-election. "Eight elections to the Congress willhave to be enough. They add up to 28 years of continuous Congressional service at the end of this term," Riegle said in an impassioned speech from the floor of the Senate. Ironically, it was this fact - his lengthy tenure in office - that Re- publicans seized upon in announcing a campaign to defeat him earlier this year, mocking him with a display of a 1966 automobile. Riegle's decision makes state Sen. Lana Pollack (D-Ann Arbor) the front- runner in an election 14 months away that is sure to attract more partici- 'pants, Pollack said in an interview with The Ann Arbor News that she is con- fident that she will be the next senator from Michigan. "I still have a lot of work to do. This campaign is not a ride. This is still a climb," said Pollack. State Republican Party Chair Spen- cer Abraham is the leading candidate for the party's nomination, but several Republican U.S. House members, including Dave Camp of Midland, have expressed interest in the posi- tion. Riegle's campaign had been in jeopardy since the beginning of 1991 when his association with Charles Keating, a major political contributor who owned the now defunct Lincoln Savings and Loan, came under fire. Keating came to symbolize many Americans' belief that government had ignored the savings and loan de- bacle. After months of hearings, the Senate Ethics Committee rebuked Riegle for showing "insensitivity and poor judgment," but said he had bro- ken no laws. Even at a popular anti-NAFTA rally in Lansing earlier this month that Riegle hosted, featuring Texas billionaire Ross Perot, Riegle was pestered by an airplane that carried a banner that read, "Remember the Keating Five: Dump Riegle" The announcement caught most observers off guard. Neither Michigan'sjunior senator Carl Levin nor most of Riegle's own staff knew of the decision but were told to "watch the speech." Riegle's 20-page speech focused on his work with the disadvantaged. "I have never pulled my punches," he said. "My main efforts here in Congress have been aimed at achieving the eco- nomic, social and racial justice for our people," he said. Riegle, who is the Senate Banking committee chair, says he will dedi- cate his remaining 15 months to pass- ing the president's health care reform bill and defeating NAFTA. Riegle, who originally ran for Congress as a Republican, is the sixth senator to announce his retirement this year. High court cals 'Use By NATE HURLEY and DAVID SHEPARDSON DAILY STAFF REPORTERS After more than five years of legal wrangling, court hearings and charged rhetoric, the verdict is in: the selection process of University President James Duderstadt violated state law. "This is the University of Michi- gan. We obey the law," said a grim Deane Baker, who serves on the Uni- versity Board of Regents. Baker (R-Ann Arbor) expressed disappointment with the decision, but said the University would comply with the ruling. The Ann Arbor News filed suit against the University Board of Re- gents May 20, 1988, claiming the re- gents violated Michigan's Open Meet- ings Act (OMA) when they met in private, secret sub-quorum groups to interview and evaluate candidates. Ed Petykiewicz, editor of The Ann Arbor News, said his paper was not parch illegal attempting to Duderstadt's selection. "We were concerned with the process that was used. We felt that that process needed to be open," he said. "Public decisions have to be made in public." The opinion will guide future presi- dential searches by all Michigan pub- lic colleges. Despite the illegality of the search, Duderstadt's hiring was never in contention. However, the University will have to foot the news- papers' legal bills. The state Supreme Court opinion upheld a prior appeals court ruling that forced the University to pay legal costs of the case. Walter Harrison, vice president for University relations, said "we have no choice but to pay the fee, unless there is an appeal, which seems un- likely." The University will end up pay- ing the legal fees of The Ann Arbor News and the Detroit Free Press, which joined the suit shortly after the News filed the suit. Petykiewicz said the legal fees were more than $183,000 six months ago. The University will pay the News' legal fees plus interest on the News' fees, plus the University's own fees, which topped $140,000 at the end of June. In a nearly 60-page opinion de- tailing the history of the case and its ramifications, the Michigan Su- preme Court said, "We hold that the selection of apublic university presi- dent constitutes the exercise, regard- less of whether such authority was exercised by (an individual regent), See PRESIDENT, Page 2 Students joined News in protesting search By DAVID SHEPARDSON DAILY STAFF R'EPORTER Turnout in student govermentelec- tions is low. Marches are sparsely attended. And protests are few and far between. But five years ago, many students who felt the University had deliber- ately obstructed the presidential search process and in the process prevented public oversight, decided to do some- thing about it. They protested. At least three University students were arrested at the inauguration of President James Duderstadt in 1988. Students surrounded an Ann Arbor po- lice car and tried to roll it over, forcing police to drag protestors away. At least one protestor was taken away on a stretcher to the University hospital and treated for a head injury. This was the first of many clashes between police and protestors that re- sulted in arrests and injuries. Protesters rallied around the slogan, "Duderstadt is illegal." Later, the Michigan Student As- sembly passed a resolution and the Daily penned a front page editorial condemning the action. But when The Ann Arbor News, joined by the Detroit Free Press, sued the University for violating the Open Meetings Act, neither MSA nor the newspaper joined the suit. Provost rescinds ban on hate speech in classroom By JAMES CHO DAILY STAFF REPORTER Some faculty members have expressed approval of the University's decision to lift the five-year-old ban on hate speech in the classroom. "Universities are places in which people ought to be able to express every idea includ- ing ideas that some people find very obnox- ious and hateful," said Philosophy Prof. Carl Cohen, a former member of the national board of directors of the American Civil Liberties Union. University Provost and Executive Vice President for Academic Affairs Gilbert Whitaker announced last week the repeal of the Interim Policy on Discriminatory Harass- ment by Faculty and Staff in the University Environment. Although the policy will con- tinue to apply to the workplace, it will no longer apply to University classrooms. The harassment policy, dubbed the "hate speech code," banned faculty from harassing students based on race, ethnicity or sexual orientation. "The central administration has come to realize that that code was neither effective nor in the spirit of the University and they have rescinded it," Cohen said. "Many claim that the University's interim discriminatory harassment policy challenges the value of free inquiry through speech and 'Universities are places in which people ought to be able to express every idea including ideas that some people find very obnoxious and hateful.' - Carl Cohen Philosophy Professor I ten said the interim policy on discriminatory harassment was not viewed as appropriate in the academic setting. "(The policy) was more related to the work- place and did not address the issues discussed in an academic setting," said Henry Griffin, chair of the Senate Advisory Committee on University Affairs. Opposition to the code was generally based on the claim that it restricted free speech. "It never should have been instituted in the first place. Codes laying down what is permit- ted to be said are an affront to the University and are very unfortunate instruments," Cohen said. See SPEECH, Page 2 discussion in ways that chill the quest for improved understanding," Whitaker said in a speech to the Senate Assembly. The suspension of the policy grants faculty members freedom to make racial and ethnic slurs in the classroom. Faculty members are still prohibited from discriminating against individual students. "If we are to err in the delicate act of balancing free inquiry and respect for human dignity, the value of increased knowledge through free inquiry must be given priority," Whitaker said. Senate Assembly representatives have of- Team spiked for hazing frosh By BRYN MICKLE and MICHAEL ROSENBERG DAILY STAFF REPORTERS The athletic department disciplined theMichigan women's volleyball team yesterday for actions that occurred at the Michigan-Houston football game Saturday. Before the football team took the field, several Wolverine athletes held the "M GO BLUE" banner, under which the football players tradition- ally run out onto the field.. Includedamong these athletes were five freshman volleyball players, who hazing," Kanim said. "Appropriate steps for a team that breaks University policy have been taken." Kanim would not elaborate on spe- cific disciplinary actions taken against the team. "The volleyball team is extremely embarrassed," she said. Head women's volleyball coach Greg Giovanazzi, who has been out of town since last week, could not be reached. Last spring, Athletic Director Jack Weidenbach issued a memo on the subjectof hazing to allvarsity coaches. discuss the issue in public. "Asa team, we have no comment," Davidson said. Despite the fact the athletic de- partment has already taken action against the team, members of the University community said the issue raises questions about the practice of hazing. "It is certainly something worth looking into," said Vice President for University Relations Walter Harrison, who said he was not aware of the incidentinvolving the volleyball team. Harrison added hazing is a broad I