MARCfi>2ii970 VOL.I . . ~ ^ w ^ALL fioES WEULf THBy CAH NFWfR HUKT Mj NO MATTfiR WHAT THEY »0. For WMAT TMty HAVE jAfLe> IS NdT MFW> SWT AN lUeX- THB VRem OF FWepoiA IS IN 1»RISoN NOS 3«T THERC AXe NO ?W5oNS INTHff MN» STRONS £ NOVt,H TO TI!i rr!^! FOR ITS TlMff HAS CoWr. SEIZE TH£ TIMBf-- £lonKoiior CbvRf OYBtUDIBS Cooif Three four-letter words used in the first issue of the new Veritas, all of which appear in the new American Heritage Dictionary as part of common American speech, were dubbed "obscene" as part of common Elon College speech by the Honor Court Wednesday, March 18, 19?0, The court, consisting of the students Petfe Fleming, Marvin Morgan, and Pat Jones, and Professors Morgan, Smith (Kent), and Brown ruled it "jingentlemanly" at Elon College to use the four letter words synonymous with fornicate, defecate, and urinate. The farcical proceeding lasted approximatley four hours. Farcical because the four were charged with "ungentlemanly conduct, an offense committed against the Elon College student body",, and the student body had nothing to say aboxtt the trial (whether or not they were offended). Furthermore, the four were tried by "justices" not elected by this student body but appointed by the presidents of S.G.A, and of Elon College. There are no judicial, procedural standards adhered to in the Elon Honor Court. There is, however, something of an ordfer of events. The defense first has the right to question any of the "justices" if the defense believes any are pEegiidiced in the case. But since the court itself decides whether or not it is prejudiced it is the same as asking people if they are bigots, or racists, which is a futile exercise and the defense bypassed this opportunityo The prosecution then presents its case. In this instanc® the prosecution did not present a case at all, but read legal definitions of.-. obscenity from law dictionaries; one dated 1904, and two in the 1950's(later brought out by the defense)o This, the prosecution(Mark Jordan) said, provided groundwork and then letters from a newspaper and from Dr. Robert Gc Blake both condemning not only the use of four letter words in Veritas, but the content and the staff members as well, were read. As only parts of these legal definitions were read, the prosecuting part, the defense request ed that they be read in their entirety. There was one comical highlight whiln the prosecuticn had the floor. When "defecation", the accept able version of its four-letter synonymn came up in one of the legal dictionaries, Mark Jlordan didn't seem to know how to pro nounce ito "Defection", he said, "defect"^ etc., until he was corrected by a "justice," The prosecution then rested its "case." The defense asked for the dates of Jordan's books to be fecited. Then Prof, Smith read letters from some of the English facility, all of them attesting to the literary long stand ing of the words in question. One letter emphasized the elusiveness of the term "’.mgentlemanly", While these very words enjoyed campus wide usage, this term was found by the author to 'e inapplicable to those who use them. Next, the conter.porary federal and state court rulings on otscenity as well as the modern connotations of the term "obscene" were outlined, Michael Smith pointed out that since there were none btiit legal definitions of the word, .had to be incorporated as the only sound evidence* The modern precedent in court is that three tests must be met before obscenity can be determined,These are«(a) the dominant theme of the material, taken as a whole, must appeal to the prurient interests of the reader (b) the material must be patently offensive within contemporary community standards, and (c) the material must be utterly without redeeming social importance. Thus words in themselves cannot be , in any legal circum stances at least, considered obscene and all legal concepts of the word are sex- oriented. Then an extensive though not all-irvclusive . list of books containing four-letter words in the library, campus shop, and used in required and unrequired courses as assigned reading was read by Prof.' Smith, Citing that there was no precedent to observe at Elon as there had been no previous prosecuticn for the alleged use of "obscene words", pointing out that the four had already been punished with sus-oension and letters to parents, and summarizing all of the defense evidence, Prof. Smith rested his case, Deanof the College C. Fletcher Moore then testified for the prosecution. He said that the Colle^je had withdrawn financial support from Colonnades last year in a similar situation, vvhen Prof, SMith asked Moore what words cortf. f* a.