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April 01, 1998 - Image 2

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The Michigan Daily, 1998-04-01

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2 - The Michigan Daily - Wednesday, April 1, 1998


Justices back decency
standard in arts funding

Los Angeles Times
WASHINGTON - Hearing arguments in a case that
blends art, politics and the law, the Supreme Court justices
strongly signaled yesterday they will uphold a "decency"
standard for federal arts grants.
In questions and comments, none of the nine justices sug-
gested that Congress violated the First Amendment when it told
the National Endowment for the Arts to consider "general stan-
dards of decency and respect for the diverse beliefs and values
of the American people" when awarding grants.
Indeed, Chief Justice William Rehnquist wanted to know
why the government did not object immediately when a fed-
eral judge in Los Angeles struck down this law six years ago.
"Why didn't the government seek a stay in this court?"
Rehnquist asked, bluntly revealing that he thought the first
ruling was in error.
Justices Ruth Bader Ginsburg and Anthony Kennedy ques-
tioned why four so-called "performance artists" were given
standing in court to challenge the law, since they had not lost
grants because of it.
"This seems remote and abstract - not a concrete case,"

Kennedy said.
And Justice Antonin Scalia, probably the court's most con-
servative member, railed at the notion that taxpayers' money
was used to subsidize homoerotic photographs by Robert
Mapplethorpe and Andres Serrano's depiction of a cross
dipped in urine.
"I thought the government doesn't have to buy
Mapplethorpe, and it doesn't have to fund Mapplethorpe,"
Scalia said. The controversy surrounding the NEA height-
ened in 1989 with the news that federal funds had helped pay
for exhibits of work by Mapplethorpe and Serrano.
Congressional critics assailed the arts endowment and
threatened to pass laws that would forbid support specifical-
ly for obscene or sacrilegious art. As a compromise, it enact-
ed the warning to take "decency" into account.
In 1990, when the bill was pending, the NEA's chairperson
canceled solo performance awards to Los Angeles artists Tim
Miller and John Fleck and New Yorkers Karen Finley and
Holly Hughes. Three of the four used gay themes in their
work. Finley is perhaps best known for appearing on stage
covered in melted chocolate.


CAL 76-


Continued from Page 1.
court ruled the YMCA had to follow
state landlord tenant laws.
Cahill said he believed the
University legally has to abide by the
same precedent.
Mayes said this is the first time he
has charged residents under the group
billing statute. He said sixth floor res-
idents have caused problems through-
out the year, including prior incidents
of vandalism.
"Since October, we've had constant
problems with noise and alcohol, to the
point where security has to make extra
rounds between 2 a.m. and 4 a.m.,"
Mayes said. "I don't take (group
billing) lightly. It has to be a year-long
LSA first-year student David Stern, a
sixth floor resident, said he acknowl-
edges that his floor is rowdy at times,
but said rowdiness is not justification for
charging his hall for vandalism. Stern
said he and others will not pay the fine.
"Before I (pay) it, I'd definitely talk
to a lawyer," Stern said. "Almost every-
one in (my hall) doesn't.know who did
it and most people don't care who did
Levy said all group billing charges are
charged to a resident's student account.
He said late fees will be levied against
students who refuse to pay the fine.
Cahill said the only way the group
billing law would be changed is if a
group of students took the University to
Eliminating the group billing law
"would require a big fight," Cahill said.
"Some group would probably need to
file suit against the University."
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Polygraphs may be banned, Court rules
WASHINGTON - The Supreme Court ruled yesterday that state and fedi
governments may ban the use of polygraph evidence in court, declaring that do.
and uncertainties remain about the accuracy of the so-called lie-detector tests.
Close to 30 states ban polygraph evidence, and some legal experts said yes
day's 8-1 decision might prompt the states that do not have outright prohibitions
polygraphs to consider imposing them. a
The ruling marks the first time the high court has taken up the issue of polygr
testing, and it comes at a time when the machines are increasingly being used <
side of the courtroom. Prosecutors use them to extract confessions from susp
and defense lawyers use them for leverage in plea bargains. The military usestt
to safeguard national security and prevent espionage, and private companies ol
rely on them to uncover employee wrongdoing or to monitor workers in sensi
jobs. The test results can still be used for these purposes.
Advocates of polygraphs say the instruments have grown increasingly soph
cated in recent years in their ability to determine whether a person is lying
recording their breathing, blood pressure and skin conditions.
But several justices expressed skepticism about the science and the ability
examiner using the polygraph device to accurately gauge whether some
telling the truth.


I In

Five Montana
Freemen found guilty
BILLINGS, Mont. -A federal court
jury yesterday found five Montana
Freemen guilty of criminal charges in
the first trial resulting from the 81-day
standoff between the anti-government
militants and the FBI in 1996.
The jury acquitted Edwin Clark, one-
time owner of the foreclosed farm that
formed most of the Freemen stronghold
in rural eastern Montana. Clark's lawyer
had argued he was desperate to save the
farm and swept up in events.
Four of the Freemen were convicted
of being accessories after the fact to the
armed holdup of an ABC television
news crew attempting to film a story on
the Freemen.
They were Steven Hance, and his
sons, John and James, all of Charlotte,
N.C., and Jon Barry Nelson, of Marion,
Kan. All three Hances were also con-
victed of being fugitives in possession of
Elwin Ward was found innocent of
being an accessory to any crimes com-

mitted by other members of
Freemen. But he was convicted of
mitting a false claim to the Inte
Revenue Service.
Ward tried to pay a $143,000 fed
tax bill with a bogus Freemen war
for twice that amount, and requj
refund of the excess.
Therapeutic touch
may not heal
CHICAGO - A study conducted
9-year-old girl for a science project
published in a distinguished medical j
nal concludes that "therapeutic touch
which a healer supposedly manipu
patient's energy field, is bunk.
Emily Rosa, the daughter of are
tered nurse and an inventor, said tha
experienced practitioners were unab
detect the field they supposedly ma
ulate to heal.
Her study was published in tod
Journal of the American Med
Association and immediately drew
from supporters of the practice, whc
it is respected worldwide.

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Netanyahu: Israel
will stand firm
Rebuffing U.S. efforts to win an Israeli
troop withdrawal from the West Bank, a
defiant Prime Minister Benjamin
Netanyahu told Jewish settlers yesterday
that Israel would achieve its aims only by
standing firm.
"In this process, the chances of suc-
cess are measured by one thing: the level
of our stubbornness" Netanyahu told
high school students in Maale Adumim,
a West Bank settlement east of
American envoy Dennis Ross
returned to Washington yesterday after
failing to persuade Netanyahu to
accept a U.S. proposal to pull back
from an additional 13 percent of the
West Bank.
Netanyahu insists that Israel cannot
give up more than 9 percent of the
West Bank for security reasons and
that Israel will not give up any land at
all unless the Palestinians do more to
fight terror.
"What will bring the process for-

ward is that the necessary grounp
laid - that is that the Palestinian
fulfills its commitments,' he
"We are not suckers," he addel
the Hebrew slang word "freier' w
means sucker, or chump. "Israel ca
give and give and not get anythingl
in return.'
Kocharian elected
president of Annei
YEREVAN, Armenia -
Kocharian has been elected presiu
Armenia, according to partial ,re
released yesterday, linking the futui
Armenia even more closely to the'fa
the disputed enclave of Nagc
Karabakh in next-door Azerbaijan.
Armenia helped its ethnic kin.ii
enclave win an eight-year war of i
pendence, and despite isolation,
nomic hardship and the threa
renewed conflict, few Armenians s
inclined to give Nagorno-Ka
- Compiled from Daily wire rep


Anyone Can Enter.!
tea. , .*.


J; Iii


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NEWS Janet Adamy, Managing Et
EDITORS: Maria Hackett, Heather Kamins, Jeffrey Kosseff, Chris Metinko.
STAFF: Melissa Andrzejak, Reilly Brennan, Jodi S. Cohen, Gerard Cohen-vrignaud, Rachel Edelman. Jeff Eldridge, Margene Eriksen , Eri
Holmes. Steve Horwitz, Hong Un, Pete Meyers. William Nash. Christine M. Paik,L ee Palmer, Katie Plona, Susan T. Port. Eliana Raik,
Anupama Reddy. Josh Rosenblatt, Melanie Sampson. Killy Scheer. Nika Schulte, Carty Southworth, Mike Spahn, Sam Stavis, Jason St
Carrisa van Heest, Will Weisser t, Sarah Welsh, Heather Wiggin, Kristin Wright, Jennifer Yachnin.
CALENDAR: Katie Plona.
STAFF: Lea Frost, Kaamran Hafeez, Eric Hochstadt, Scott Hunter, Jason Korb, Yuki Kuniyuki, Sarah Lemire, Ern Marsh, James Miller,
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SPORTS Jim Rose, ManagingE
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ARTS Bryan Lark, Kristin Long, EdI
WEEKEND, ETC. EDITORS: Emily Lambert, Elizabeth Lucas; Associate Editor: Christopher Tkaczyk
SUBEDITORS: Brian Cohen (Music), Stephanie Love (Campus Arts), Joshua Pederson (Film), Jessica Eaton (Books), Michael Galloway (TV/New Media)
STAFF: Joanne Alnajjar. Amy Barber. Matthew Barret t, Cohin 8ar tos, Caryn Burt, Anitha Chalam Gabe Fajuri, Laura Flyer, Geordy
Gantsoudes, Cait Hall, Marquina hliev. Stephanie Jo Klein, Anna Kovalszki, James Miller, Rob Mitchum, Kerri Murphy, Jennifer Petlint
Ryan Posly, Aaron Rennie, Aaron Rich, Joshua Rich, Deveron Q. Sanders, Erin Diane Schwartz, Anders Smith-Undall. Cara Spind
Prashant Tamaskar, Ted Watts, Curtis Zimmerman.
PHOTO Margaret Myers, warren Zinn, Edi
STAFF: Allison Canter, Louis Brown, Mallory S.E. Floyd, Joy Jacobs. Jessica Johnson. John Kraft, Dana Linnane, Emily Nathan, Nathan Ruffer,
Stillman, Paul Talanian, Adriana Yugovich.
ONLINE Chris Farah, Ei
STAFF: Mark Francescutti. Marquina Iliev,;Elizabeth Lucas, Adam Pollock.
GRAPHICS Jonathan Weltz, Ei
STAFF: Alex Hoa. Michelle McCombs, Jordan Young.


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