The Michigan Daily - Tuesday, November 15, 1994 -- 3
Court sets aside ruling that college violated prof's free speech
The Washington Post
WASHINGTON -The Supreme
Court yesterday set aside a ruling that a
New Yorkcollege violated a professor's
speech rights when it demoted him for
a zealously anti-Semitic speech.
Leonard Jeffries touched off a firestorm
ofcontroversy three years ago when he
vilified Jews as the enemy of Black
The justices vacated an appeals
court decision that Jeffries be returned
to the chairmanship of the Black stud-
ies department at City College of New
The appeals court had said the First
Amendment protects speech on public
matters, "no matter how vulgar."
The Supreme Court told the U.S.
Court of Appeals for the 2nd Circuit to
reconsider its ruling in light of a high
court decision last May reaffirming the
broad power of government entities to
restrict employees' speech. While the
action is a setback for Jeffries, it is not
clear how the dispute ultimately will be
The complex May ruling, Waters
vs. Churchill, emphasized the "extra
power" government has over its em-
ployees' speech. But that power is not
unlimited, and public employees have
certain procedural rights when faced
with disciplinary action for theirspeech.
The May ruling allows a public
employer to discipline a worker for
speech that could reasonably be ex-
pected to harm an agency. A key ques-
tion for the appeals court is whether it
was reasonable for City College to
believe that Jeffries' declarations would
hurt the school.
In his 1991 speech at the Empire
State Black Arts and Culture Festival,
Jeffries maligned Jewish people by
saying that "rich Jews" had financed
the slave trade and that Jews in Holly-
wood had conspired to "put together a
system of destruction of Black people"
in their film depictions.
After the highly publicized speech
and ensuing controversy, college offi-
cials reduced Jeffries' department chair-
manship from a three-year term to one
year and removed him from his post.
He kept his professorship with the same
pay and benefits.
Claiming his First Amendment
rights had been breached, Jeffries sued
Bernard Harleston, president of City
College, which is part of the City Uni-
versity of New York, and several
A district court, while acknowledg-
ing the speech was "hateful, poisonous
and reprehensible," ruled that Jeffries
should be reinstated and awarded him
$360,000 in punitive damages. The
court said college officials had failed to
show the speech had hurt the operation
of the college, which might have justi-
fied removing him from the chairman-
The appeals court for the 2nd Cir-
cuit affirmed the heart of the judgment,
saying "central to our constitutional
democracy is the right to speak on
political or social matters without fear
of retribution by the government." It
ordered a new trial on the punitive
The appeals court in its April ruling
agreed that the college had not shown
its operations were significantly dis-
rupted by Jeffries' speech.
In the college's petition to the hig h
court, New York Attorney General G.
Oliver Koppell said the appeals court
set too high a standard for government
trying to show the negative effects o('
"hate speech" by a university leader.
"(U)niversity administrators may no
longer act to protect their institutions
until harm is manifest, an approach
which is antithetical to responsible stew-
ardship," the petition to the court said.
Jeffries countered that whatever
fears the school may have had immedi-
ately following the July 1991 speech
had dissipated by March 1992 when he
was stripped of his chairmanship. The
case is Harleston vs. Jeffries.
Sleaders to summit
The Washington Post
WASHINGTON -- President
Clinton is considering asking Republi-
can and Democratic leaders of Con-
gresstojoin himin a mini-summit next
month to seek areas of legislative coop-
eration and to "set a tone of working
together when we can," according to a
senior administration official.
White House Chief of Staff Leon E.
Panetta and other senior administra-
tion aides have sought meetings with
the new GOP leaders yesterday, the
first such session beyond pro forma
telephone calls since the Republican
sweep in last Tuesday's elections.
A spokesman for Sen. Bob Dole
(R-Kan.) in line to lead the GOP major-
ity in the Senate, said a meeting with
Panetta has been arranged and a spokes-
man for Rep. Newt Gingrich (R-Ga.)
soon to be House speaker, said a meet-
ing between Gingrich and Panetta is
Panetta is doing advance work on
an initial meeting that Clinton is seek-
ing with the Republican and Demo-
cratic congressional leaders next week,
if possible, after the president's return
from the Far East. He is expected to
explore at that time what one official
called "a bipartisan mini-summit" to
be held between Thanksgiving and
Christmas aimed at discussing both the
congressional schedule and legislative
areas where there might be coopera-
tion. But officials said such a session is
just one idea floating in the White
House and that a firmer idea of how
Clinton will proceed with the GOP
Congress probably won't emerge until
the end of this week at the earliest. "We
are setting up a lot of base-touching
meetings this week," an official said.
Senior administration officials, par-
ticularly in the economic area, are in
engaged in what one staffer called
"wall-to-wall-meetings" this week in
Clinton's absence to try to devise a
strategy for immediate problems --
such as the special congressional ses-
sion at the end of November to act on a
trade legislation - and the broader
issue of how to work with or against the
new Republican Congress.
The White House has cited welfare
reform and political reform of Con-
gress and the line item veto as areas
where it sees a potential for coopera-
tion with Republicans, although the
specifics already seem rife with sig-
GOP officials said Gingrich, in his
with Clinton, offered to schedule early
House consideration of issues that the
GOP majority and the White House
agree on - such as the line item veto
- early to demonstrate the Republi-
cans and the Democrats can work to-
gether on some things.
Officials said Panetta also wants to
discuss the special session of Congress
the last week of November that will
take up the international trade pact, the
Generalized Agreement on Trade and
Tariffs. Gingrich has pledged to work
with Clinton to get House approval of
the pact, but Dole has said the White
House must work out some way of
dealing, perhaps outside the agreement
itself, with concerns that GOP conser-
vatives have about elements of the
treaty. Although Republicans gener-
ally favor trade agreements and Demo-
crats often oppose them, the most con-
servative side of the GOP has raised
strong objections to GATT.
From Staff and Wire Reports
Every college and university in the
nation, it seems, is looking for the
Or, for that matter, the yen, pound
Whether public or private, big or
small, the nation's institutions of higher
education are into raising money like
never before. And they are doing it
both here and abroad, sometimes to the
chagrin of alumni who must face an
increasing barrage of solicitations from
their alma maters.
The reasons are both obvious -
rising costs at time of declining gov-
ernment help - and more subtle, in-
volving the aging of America's wealth.
The University's fund-raising ef-
fort, The Campaign for Michigan, has
a goal to raise $1 billion by 1997. By
September, the campaign that kicked
off in 1992 had yielded $677 million.
"The support from other sources is
not what it once was," said Provost
Gilbert R. Whitaker, Jr. "We really
need a dependable additional source of
support. The Campaign for Michigan
is a piece of a step toward doing that."
The state funded 51.6 percent of the
University's general fund in 1985-86,
compared to 37.3 percent of this year's
fund. State appropriations to the Uni-
versity rose by 2.3 percent this year, but
inflation is expected to remain at 3.5
This fall, Pepperdine University
launched a slick fund-raising effort with
a goal that would have been unheard of
a decade ago: $300 million in new
contributions. The University of Cali-
fornia, Berkeley, is preparing for the
most ambitious campaign in its long
history, aimed at bringing in $1 billion
by the turn of the century. Last year
alone, Stanford raised $221 million.
And Harvard, being Harvard, be-
gan a fund-raiser this year that puts the
rest of them to shame - a mind-bog-
gling $2 billion goal that would be
added to the school's already-huge
"There are campaigns starting tff
every single day," said Charles
Stephens of Indiana University's Cen-
ter on Philanthrophy.
Those fund-raiding machines are
going to be running at high speed for
the next 20 years or so. The reason: the
timing will be right for an aging seg-
ment of society to be parting with its
money. Demographers say that a huge
amount of cash, in excess of $5 trillion
and perhaps as much as $10 trillion,
will soon begin changing hands from
one generation to the next in the United
States. The nation's colleges and uni-
versities are angling to get a piece of
that veryflarge pie. Their prime target is
wealthy people without children.
"The generation that is getting older
right now is an extraordinarily wealthy
one and, in an unprecedented way, that
wealth is going to be transferred," said
Brad Barber, director of institutiopal
advancement for the University ofC4li-
fornia. "Even if we exclude those who
have children, it's a staggering amount
Giving to education already ranks
second to religion as the major source
of philanthrophy in the United States.
Last year, charitable donors gave more
than $15 billion to education alone.
"People give to education because tiey
see themselves empowering others. to
do as they have done," said Stephens.
"I think there is as much a missionary
attitude giving to education as there is
giving to the church."
But educators also say that, in the
world of giving, both individual and
corporate donors are becoming a much
more fickle bunch. They say that he
days of just being handed a checl, is
rapidly becoming a thing of the past,
that donors are demanding more -c-
countability than ever before.
Jodi Masley, RC junior and National Women's Rights Organizing Coalition chair,
speaks on the Diag yesterday in support of Jennifer Ireland. Ireland, a LSA
sophomore, lost a court battle last summer in which custody of her daughter
was awarded to her ex-boyfriend Steven Smith. Masley said NWROC believes
that the right to use daycare is under attack, since Ireland lost custody partly
because she put her daughter in daycare while she attended classes and
Smith's mother could take care of the child in their Mt. Clemens, Mich. home.
Chrysler's largest shareholder demands more stocks
DETROIT (AP) - Billionaire
investor Kirk Kerkorian, Chrysler
Corp.'s largest shareholder, is de-
manding that the automaker take ac-
tion to boost its stock price and let
him buy millions more shares.
If it doesn't, he threatens to sue
and perhaps try a takeover.
Kerkorian's Tracinda Corp. asked
federal regulators yesterday for per-
mission to buy enough Chrysler stock
to increase his stake in the company
to 15 percent. He now owns 32 mil-
lion shares, about 9 percent of the
'company, worth about $1.4 billion.
In a letter to Chrysler's board,
Kerkorian asked the company to lift
the anti-takeover "poison pill" provi-
sions it put in place four years ago
when he starting buying large quanti-
ties of Chrysler stock.
He also proposed that Chrysler
increase the dividend it pays to stock-
holders, split its stock 2-for-I and
start a program to buy back stock
from shareholders. Any of those mea-
sures might boost the price.
"Despite the company's excellent
operating performance in recent years,
the company's stock price perfor-
mance has been very disappointing,"
Kerkorian wrote. "Like any other
shareholder, my aim is to enhance the
value of my investment in the com-
He said his previous efforts to
persuade Chrysler management to
take such actions had been "sum-
"If the management and the board
of directors of Chrysler has a positive
response, we would be very pleased,"
Tracinda executive Alex Yemenidjian
If the company doesn't take the
steps proposed by Kerkorian by Dec.
15, Yemenidjian said, "There are a
whole series of options available to
us," including a takeover.
Chrysler had no comment yester-
day. Lehman Brothers analyst Joseph
Phillippi said he doubted a takeover
was what Kerkorian had in mind.
"I don't think he's got the fire-
power, nor does he have the back-
ground to run an auto company,
Phillippi said. "First of all, the guys
who are running the store are doing a
Chrysler's profits for the first nine
months of 1994 topped $2.5 billion.
In May, it increased its quarterly divi-
dend to 25 cents a share from 20
cents. It also increased the dividend 5
cents last December, and analysts
won't be surprised if another increase
is announced before the end of the
But investors are leery of the cy-
clical nature of the auto industry, and
Chrysler's stock price hasn't risen to
match the company's performance.
Kerkorian bought millions of shares
in 1990 when the company was flirt-
ing with bankruptcy and its stock was
trading at $12. The price hit $62.50 in
February, but it has fallen since.
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