1 Section II CHAPEL HILL, NORTH CAROLINA, TUESDAY, SEPTEMBER 13, 1966 Founded February 23, 1893 VS. ti MM I i i! I 1 A Y ear r Three-Judge Federal Court Hears Gag Case Arguments bpeal Bssm Stanfpv DlS C0Urt Jud2e Edwin M. S anley has set Oct. 7 as the deadline for tiling final briefs and depositions in the speaker ban lawsuit. This action will clear the -way for court room hearings and eventual decision in the case by a special three judge federal court composed of Stanley, District Court Judge Al gernon L. Butler and Fourth Circuit Court of Appeals Clement F. Haynesworth. Attorneys for both the plaintiffs and the defendants have been filing stipulations and motions with the court since the suit action was iniated in Greensboro March 31. The plaintiffs, which include 12 active or former UNC students, Marxist Herbert Apthe ker and Frank Wilkinson, contend that the 1963 anti-communist speaker ban law as amended places unconstitutional restrictions on the rights to free speech and the freedom to hear. HISTORY OF LAW The original law was passed on the day before the close of the 1963 session of the North Carolina General Assembly, and those legislators who attempted to speak against the law were ruled out of order. The speaker ban prohibited members of the Communist Party, persons who have' pleaded the Fifth Amendment of the U. S. constitution activities and persons who advo cate the overthrow of either the U. S. or the North Carolina constitutions from speaking at state-supported institutions of higher learning. The trustees of each institution were di rected to enforce the law, and the Trustees of the University of North Carolina issued a directive ordering compliance with the law on Julys, 1963. The controversy surrounding the law con tinued to increase until the 1965 General As sembly ordered the formation of a special study group, later known as the Britt Com- , mission, to hold hearings'" on the" speaker ban law and recommend changes for it. BRITT COMMISSION The Commission recommended on Nov. 5, 1965, that the trustees of each institution be given the authority and the responsibility to adopt and publish rules governing the appear ance of the three classes of speakers men tioned in the original law, and further rec ommended that the law be amended accord ingly. The Britt Commission further recommend ed a speaker policy for consideration by the trustees of the various institutions, and this policy was adopted verbatim by the UNC Board of Trustees on Nov. 12, 1965. The policy adopted expressed the trustee's opposition to communism and totalitarianism, and urged that appearances of communists and subversives on campus should be "infre quent and then only when it would clearly serve the advantage of education." The policy further provided that the ad ministration and the trustees of the univer sity would be held accountable for visiting speakers and mandated the administration to adopt rules and precautionary measures "con sistent with the policy herein set forth." The rules that the administration adopted wculd be subject to approval by the trustees. SPECIAL SESSION MEETS On Nov. 17, 1965, a special session of the General Assembly amended the speaker ban law to require mac uie ui ui stitution adopt rules regulating the three classes of speakers mentioned in the old law. Even the amended law didn't satisfy its critics, who were still convinced of its un constitutionality. The American Associaton of University Professors issued a statement in their publication the "AAUP Bulletin" that said in part, "Institutional control of campus facilities should never be used as a device of censorship." INVITATIONS ISSUED On Jan. 3, 1966, two students who later were to become plaintiffs in the suit, Gary Waller and Stuart Matthews, invited Wilkin son to speak at UNC-CH on March 2 and Ap theker to speak on March 9. Matthews and Waller are members of the steering committee of the local chapter of Students for a Democratic Society, and they invited the two speakers to come under SDS sponsorship. The invitations were approved by former Chancellor Paul F. Sharp and Consolidated University President William C. Friday, but no official action was taken. Wilkinson, who is currently Executive Di rector of the National Committee to Abolish the House Un-American Activities Commit tee, pleaded the Fifth Amendment of the U.S. Constitution in 1952 in refusing to answer questions put to him by members of an un American activities committee of the State of California. Aptheker is Director of the American In stitute for Marxist Studies and is a member of the Communist Party of America. He and two other persons defied a State Department order to travel to North Viet Nam last year. V " ' A. 1 a-- ft t . . .- 1 Text By DTH Associate Editor - j. w JohnGreenbacker .. ... DTH Photos By Ernest Robl And Jock Lauterer The Executive Committee of the Board of Trustees met Jan. 14 and adopted a policy which required that speakers 'ailing within the three classifications in the ban law present , their views at a meeting chaired by a facul-l ty member where questions may be asked by the audience and that the opportunity to re but the speakers be offered. These three stipulations may be envoked by the chancellor at his discretion. On the same day; SDS President James McCorkle, Jr. reserved Memorial Hall for the two dates on which Aptheker and Wilkinson were scheduled to appear. The Executive Committee of the Board of Trustees metJan. 28 in the Governor's office in Raleigh to discuss the pending appear ances of Aptheker and Wilkinson. On Feb. 1, Student Body President Paul Dickson, DTH Editor Ernie McCrary and Carolina Forum Chairman George Nicholson HI joined the SDS leaders in inviting Apthe ker to campus. MOORE'S SPEECH That same day, Governor Dan Moore cut short his vacation to issue a statement to the press in which he announced his intentions to FRANK WILKINSON, who pleaded the F32i Amendment in a California loyalty hearing contemplates the wall which barred him from speaking on the UNC campus last March 2. call a special meeting of the Executive Board of the Trustees to meet Feb. 7 to determine whether Aptheker and Wilkinson would be able to speak. "When the Executive Committee met last Friday to consider this matter, I make it clear to the Committee that I did not think it should permit these persons to speak on the University campus," Moore said in the state ment. "It should be obvious to everyone that the invitation under consideration was made in an effort to create controversy for the sake of controversy and not for any legitimate ed ucational purpose," he said. Moore's statement was followed by a week of intense activity on campus which included mass meetings and demonstrations. ;y. uw A telegram was sent to Moore Feb. 7 on behalf of the student body urging him to up hold the principles of academic freedom and free speech and support the invitations. The telegram quoted Voltaire's famous statement, "Although I may disagree with what you say, I will defend to the death your ' right to say it." " The executive committee heard testimony that day from students, faculty members and administrators supporting the invitations, but;, it voted . to deny speaking privileges to . Ap theker and Wilkinson. V The executive committee further suspend ed all invitations to speakers coming under the speaker ban law until a full meeting of the trustees could be held to adopt a formal resolution governing visiting speakers of that nature. ; . MASS MEETING HELD The next day a mass meeting was held on campus in Murphey Hall to form a special group known as the Committee for Free In quiry. Dickson was elected chairman of the steer ing committee of this group. Student Legislature met Feb. 10 and pass ed a resolution in favor of free speech at the University and endorsing the Aptheker invi tation, i Throughout the rest of February the Com mittee for Free Inquiry continued to hold pub lic meetings on campus, and many speeches and recommendations were presented for con sideration by the trustees. Then Student Body President Paul Dickson is shown behind Wilkinson as he introduces the speaker to the curious crowd. POLICY ADOPTED On Feb. 28 the entire Board of Trustees met to consider proposed speaker policies. The trustees eventually adopted a policy that included all of the restrictions recom mended by their executive board Jafi. 14, and added further provisions. The most important additional provision specifically gave the chancellor of each insti tution the power to approve or deny any in vitation to speakers falling under the three classifications of the speaker ban law ac cording to his own discretion, ; After the adoption of this speaker policy, ten student leaders sent a letter March 1 to then Acting Chancellor . J. Carlyle Sitterson requesting that Aptheker and Wilkinson be allowed tovspeak'on the; two original dates;, v v These ten students, which included Dick son, McCrary, Waller, Matthews, Nicholson, Carolina Forum Executive Director Bob Pow ell (who has since been elected Student Body president), Di-Phi Society President John Greenbacker, Carolina Political Union Chair man Eric Van Loon, YMCA President Jim Medford and YWCA President Eunice Milton, are all now plaintiffs in the current lawsuit. SPEAKERS DENIED After consultation with faculty, administra tion and student leaders, Sitterson decided March 2 to deny speaking privileges to Ap theker and Wilkinson. In a statement issued that. day, Sitterson said, "The Executive Committee of the Board of Trustees on Feb. 7, 1966, cancelled the scheduled appearances in March, of Mr. Frank Wilkinson and Mr. Herbert Aptheker. "Consequently, even though prior to the executive committee action I recommended that the earlier invitation should be approved, I regard the executive committee's action as in effect binding in these two instances," he said, WILKINSON ARRIVES On the afternoon of March 2, Wilkinson and Dickson met a rally of students on the edge on the campus near Graham Memorial and Dickson announced that Wilkinson would attempt to speak at Carroll Hall that evening. When Wilkinson arrived on campus and (Continued on Page 4) 1963 Speaker Ban The General Assembly of North Carolina do en act: - -; Section 1. No college or university, which re ceives any State funds in support thereof, shall per mit any person to use the facilities of such college or university for speaking purposes,.who: A) Is a known member of the Communist Party; B) Is known to advocate the overthrow of the Constitution of the United States or the State of North Carolina; C) Has pleaded the Fifth Amendment of the Con stitution of the United States in refusing to answer any question, with respect to Communist or subver sive connections, or activities, before any duly con- i stituted legislative committee, any judicial tribunal, I or any executive or administrative board of the Unit ed Mates or any state. Section 2. This Act shall be enforced by the Board of Trustees, or other governing authority, of such col lege or university, or by such administrative person nel as may be appointed therefore by the Beard of Trustees or other governing authority of such col lege or university. Section 3. All laws and clauses of laws in con flict with this Act are hereby repealed. Section 4. This Act shall become effective upon its ratification. In the General Assembly read three times and ratified, this the 26th day of June, 1963. 1965 Amended haw Use of facilities for speaking purposes. The board of trustees of each college or university which receives any state funds in support thereof, shall adopt and publish regulations governing the use of facilities of such college or university for speaking purposes by any person who: 1) Is a known member of the Communist Party; "2)' Is known to advocatehe overthrow of the Constitution of the United States or the State of North Carolina; 3) Has pleaded the Fifth Amendment of the Con stitution of the United States in refusing to answer any question with respect to Communist or- subverT sive connections, or activiteies, before any duly con stituted legislative committee, any judicial tribunal, or any executive or administrative board of the Unit ed States or any state. Enforcement of article. Any such regulations shall be enforced by the board of trustees, or. other governing authority, of such college or university, or by such administrative personnel as may be appoint ed therefore by the board of trustees or other gov erning authority of such college or university. 1966 Trustee Rules In order to provide the Chancellors with an op portunity to exercise the responsibilities imposed upon them by trustee regulations respecting visiting speakers, the following procedures shall be observed prior to extending an invitation to any visiting speak er covered by G.S. 116-199 and 200. 1. The officers of a recognized student club or society desiring to use University facilities for a visit ing speaker shall consult with the club's faculty ad visor concerning the proposed speaker. 2. The head of the student organization shall sub- (Continued on Pare 5) . MM iM -i. , i .-ii- Petitions Presented, -Speakers. Turned Back: The Ban At UNC I ? " -v. i i .TO X si 7 -v ,V 1 6 r T7 f 2: - X . tir l- 1 Ml Q; i !l r:: 7 tLST A ? i. nr.ut k-S , rot i 1 A I " ' il' r- V.- A . - v J r'Y-. pl, , X -X j N5tl vwxmSIS RIARUHiSD qctly across tie A THOua -- UNC prsident William C. Friday fol campus to theeethig of the Committee for Free Inquiry lowing an evenm Dr0 testing the banning of two controver to present a peuuon y UI spetlen. u. M It. FrUay wis rta Stelen. IS m o er f p, Z " i, .ranament In front of GraMm lb. President Paol Dickson after recelv the petition. But des- eLumont A Saf scent place a week mo-rial wSn Beaumont prevented him from speaking. pite the petition, and numerous Student protest meetings, on Wilkinson flank Beaumont, a similar J"" - the evening of March 2, Campus Security Chief. Aiur Peati- later when Beaumont tmed away Herbert Apuie V s T"

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