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e 2 THE BLACK INK March, 1975 Trial result of political actions Algenon L. Marbley BSM Chariman I would like to preface my statement by saying that it was the support of thepeople (students and comminity folks) that gave me the strength to carry on. In addition I would like to thank my attorneys, Andromeda Monroe, leonord Lee, ond D. Lester Diggs, who were the chief architects of my legal defense. This trial, being political in it's essence, is the type of trial in which popular support playes a major role in the final outcome. Consequently, the will to win was the spirit of the people as well as myself, a spirit which exemplifies a strong sense of community held in reverence by Black people. We must, however, also view this trail in its proper political context in order that we retain the significance of it. The levying of a charge against me for my political actions was a reactionary act perpetrated because of a desire to reprimand me. This desire was rooted in the fact that my political activities were incongruent with the beliefs held by a faction of students on this campus. One must only consult recent histroy to see that a common means to stifle the unified movement of Black people is to bring those thought to be the leaders before the judicial mechanism in order that they may be reprimanded. In an institutionalized setting such as this one, institutional mechanisms ore used to implicate those considered to exhibit "delinquent" political behavior. This concept of delinquent political behavior is juedged by those whose rule it is to maintain the status quo of this University community. And if and when this status quo is threatened by any particular act, it puts its instituional organs to work in such a manner whereas the probability of this activity occurring again will significantly diminish. Another aspect of this experience must be focused upon here, that is, the right of self determination. Even though our activity came under reverse attack by the aforementioned institutional machinery, this must not deter us from determining our own destiny. The levying of charges revealed the fact that if we act in a manner which we consider to be politically feasible and expedient we may face threatening consequences. However, we must uphold and de fend our integrity as a people at all cost!!! We will never survive if we are satisfied to operate on a contingency basis, i.e. the way we will depend on what we think you reactions will be. Let the famous dictum of Frederick Dougloss, "if there is no struggle, there is no progress," always be uppermost in our minds whenever deciding upon a political act. In conclusion I believe, based on the events of the past few days. Black students on this campus hove the strength to survive and win!! However, we must assert ourselves at all times os we did on this particular occasion in order to achieve our objectives. We have the strength manifested in ourselves to cost off the choins of oppression that bound us. this will only hoppen when we make that decision, and if not now, WHEN? Once upon a time Alien H. J«hn«oft IN Spoffi £detor One* UpMt « Tim* ... OcK* upon o tifn#, on ospiriof young joomohim mofor, Dovki, hod the pleasurable opportunrty ol working in o cigorette foctory durir>9 the summer prior to hi» frethmon yeor in coUege. Almost irtvoriobty, older white employees would Oik whether he plonr>ed to offend college or not, to which he cheerfully replied, "Yes, I do intend to further my educotion." At this point in the converjotion, the white employee would usually respond, “You goin' to A4T, huh?" And he would reply, "No, I'm going to UNC." "Oh, thot college in Durhom?" "No, in Chapel Hill. You know, the Tarheels?" "Oh. You playin' bosketboll?" "No. I'm going to be o writer," "Sure you don't ploy basketball?" "I ploy occosionally, but not for onybody's team. You know, just to pass the time and keep in shape," "Well, you sure ore tall," "Oh, not very when you really look at it. I'd be a short guard at Carolina," "You absolutely sure you're not playing boll?" "Yep," His forehead wrinkled slightly, the white employee neverlheless remained skeptical, “I'll bet it costs a pretty penny to goto a school like Carolina," he continued, "Yeah, it's rough," David replied, "but my scholarship will make things a lit tle bit eosier," "Scholarship? 1 thought you said you didn't play basketball? "I don't. The scholorspip is for academics , , , You know, hittin the books, "Hey, that's really something," the white employee marveled, "Joe, Bill! Kid here's got a scholarship for his brains. Ain't that something?" "Well, uh, actually," David proudly added, "I've got two scholarships. The white employee gozed in disbelief. Then he managed o synthetic smile as his face became flushed with redness. "Yeah, kid. Sure. Two scholarships, wow, that's somethin' else." He then shuffled out of the break room, smiling all the way, os if his entire face would, at any moment, crock into a thousand tiny pieces. Then, David noticed him talking with a couple of other employees outside. From that day on, the white employees were nice and courteous persons to work with and, in oddition, were constantly smiling os they possed David. Nevertheless, be hod the sneoky suspicion fhot if, by some stroke of fote he would yell "Fire!", not a solifory soul would move. mmmmmM I Algenon Marbley No disruption took place The following is a Press fleleose drafted by Algenon an His attorneys, An dromeda Monroe, Leonord Leee, and D. Lester Oiggs, concerning Algenon Marbley's defense: The defense showed o "disruption", os defined by the Instrument of Student Judiciol Governonce, did not toke ploce on Jonvory 16, 1975, ond fhot, specifically, the defendant, Algenon Morbtey, did not "disrupt" David Dukes's speech os oufl>r>ed in Section II. D. V g. of the Instrument. According to Section II.D.I.g. disruptive conduct is "willfully obstructing or disrupting ony normol operofion or function of the University or any of its orgonizotions or its personrtel (including students) by engoging in ir>dividuol or collefive conduct which, because of its violent, forceful, threatening, or in- timidoting noture or becouse it restrains freedom of lawful movement, prevents any member or members of the University community from conduc ting his or thier normal ond legitimate activites within the University," We revealed that the conduct of Algenon Marbley and thot of the other demonstrators was neither violent, forceful, threatening, or intimidating, nor did it restroin freedom of lawful movement. Also the defense showed that the Forum's invitation to David Duke to speak on the UNC campus was not o normal function of the University in thot the Un ion has never, in the post, invited a speaker, such as Duke, who called for the systematic killing ond extermination of a race or group of people, to speok on this campus, Andromeda Monroe mode the following comments concerning the court decision, "The action token by the Undergraduate Court on January 23, 1975, set forth a precedent concerning disruptive conduct on campus, the precedent es tablished that an action must be violent, forceful, threatening, or intimidating, or restrain freedom of lawful movement, in order that it be considered disrup tive, "The precedent also set forth the argument that the disruptive clause may only apply to 'normal' university functions or operations, (i,e, David Duke's in vitation to speak on campus was not considered normal' by the Court,) "Given the Court's decisions and the ambiguous meanings of the terms 'normal,' 'violent,' 'forceful,' 'threatening,' and 'intimidating' which clouded the entire case one may expect a major revision of the disruption clause of the Instrument, either by the Chancellor, Student Affairs, or the Student Attorney General's Office, to define explicitly the specific actions to be considered 'disruptive' and clarify what is meant by a normal university function or opera tion, “The acquittal of Monte by the Court prevents similar charges from being brought against any other demonstrator who protested David Duke's appearance on campus," Andromeda had the following personal comments regarding teh trial; "The Court's verdict of 'Not Guilty' can be conceived as a 'defeat' for those, in cluding James Pope, the accuser, who attempted to take the protest of Duke's speech out of its political and raciol perspective. It became a rociol issue, in thot the Union's decision to bring David Duke to this University represented a failure, on their part, to recognize the interests ond feelings of Black students." Campus address given By Sadie Copeland Managing Editor In his State of the Campus address, Student Body President Marcus Williams said his gravest concern was not lack of student involvement, but "the covert concomitants of this non involvement," “Lack of social and racial interac tion, deteriorating social dialogue, maladjusted priorities, insensitivity to the needs and desires of others, and reckless indifference, appear to be the most salient," he said. Some of the administrative ac complishments Williams cited were: —Bicycle registration which he said resulted in a drastic reduction of bicycle thefts, —Student typing service initiated for students needing someone to type their papers, —Info, a program whereby a phone call is all that's needed for a student to get information from student government files, and the implemen tation of “S-informotion Newsletter," an attempt to bridge the gap between student government and the students. —The "Instrument of Judiciol Gover nonce," which Williams called a "definite step forword for minority students" becouse if outlines new operating procedures, like minority court, for the student juciiciol bfonch, Williams said some important future protects for student govern ment ore: "investigotir>g on olfer- nofive drop-odd procedure, op- provol of o Student Bill of Rights, ex panding the course-teocher evoluo- fion, pushing o Corrboro referendum for its onnexotion to the mass transit system, establishing a food stomp ogency and continuing the fight for affirmative oction," He warned that while his ad ministration and UNC officials hove hod fair rapport, the officials are un der great pressure from the Board of Governors to define the present ad ministration, and by their definitions some student rights could be cancelled. To prevent this, Williams urged students to vote in campus elections and question the candidates "to be sure they are making valid and responsible statements. After all, " he said, "in the future they may be representing you," In an interview, he said Block students in contemplating future ac tions should "make sure it has o con structive purpose," In reference to the David Duke inci dent, he said the repercussions are far-reaching. He said one way to avoid such incidents may be to re quire Black Student Movement chairmen to attend campus gover ning council meetings because often "more things are tronspiring than we think."
Black Ink (Black Student Movement, University of North Carolina at Chapel Hill)
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March 1, 1975, edition 1
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