The Student Newspaper of the University of North Carolina at Charlotte
Volume XIV, Number 30
Charlotte, North Carolina
March 1, 1979
Student newspapers subject in court
By Rick Monroe
A class-action suit has been filed in
U.S. District Court in Greensboro
claiming student newspapers which
are financed with student activities
fees and express editorial opinions are
in violation of students' constitu
tional rights.
The suit, filed by Charlotte lawyer
Hugh J. Beard, on behalf of three
UNC-Chapel Hill students, named the
trustees of UNC-Chapel Hill and the
UNC Board of Governors defendants.
The students, Richard J. and J.A.
Kania, and Michael Morris, claim
because the newspaper takes an
editorial opinion different to their
own, they should not be required to
finance the paper with their student
fees.
The suit asks that using mandatory
student fees be declared unconstitu
tional and student monies spent by
the newspaper be refunded to the
students.
According to Beard, the students
base their suit on the 1977 Supreme
Court decision, Abood vs. the Detroit
Board of Education. In this case, the
court decided, “No person can be
compelled to financially support
political views contrary to their
own.”
In a similar 1972 case filed by
students against the UNC-Chapel
Hill newspaper, The Daily Tar Heel,
the courts decided no violation of con
stitutional rights had been commit
ted. In 1974, the U.S. Fourth Circuit
of Appeals upheld the decision. Lou
Bilionis, editor of The Daily Tar Heel,
said he would not comment on the
case until he had a chance until he had
a chance to review it. againsttheUNCBoardof Governors,
Because the suit has been filed the decision would directly affect the
SAFC members Jahn Raymer (left) and Tony Taylor (right) discuss use of stu
dent activity fees after Wednesday’s meeting.
Similar complaints by UNCC students
By Luann Whitley
Does the Carolina Journal have the
right to “freedom of the press” in
order to endorse a candidate for stu
dent body president? This question
was brought up and discussed at the
Student Activities Fees Commission
(SAFC) meeting on Wednesday.
Ward Simmons, Student Body
Government representative to SAFC,
said, “When the Carolina Journal en
dorses a candidate, they are using the
students' money to possibly go
against their opinions. The students
have no choice of whether or not to
subscribe to the Carolina Journal. It
just is not right for the Editorial
Board, as a board, to endorse a can
didate. They will be using their title
to express their opinions,” Simmons
said.
Tom Chumley, chairman of the
Elections and Publicity Committee
noted “As long as it’s clear the en
dorsement is just the opinion of the
Editorial Board, it should be O.K.”
Clayton DeCamillis, University
Program Board representative to
SAFC, said, “It would be nice to ex
press the endorsement and have, in
that same issue, endorsements from
the students for other candidates.
The Carolina Journal should notify
the other candidates so they can have
endorsements sent in for that issue of
the Carolina Journal."
Carolina Journal.
Nancy Davis, editor of the UNCC
newspaper, said, “This case could
start a surge of similar suits because
there are so many incidences where a
student could protest the use of stu
dent activity fees.
“Constitutionally, we’re talking
about the freedom of speech versus
the freedom of speech,” Davis said.
“I’d be interested in seeing how
UNCC students would vote if they
could decide whether or not the
Editorial Board of a student
newspaper should have any editorial
rights. As long as a newspaper allows
all activity fee paying students to res
pond with letters, then I don't see
how there could be complaints.”
A decision was not made about the
morality of Carolina Journal en
dorsements. Outside discussion was
encouraged and SAFC stated if it
became necessary the issue would be
brought up again, though there was
some concern over SAFC’s authority
on the matter.
Nancy Davis, editor of the Carolina
Journal, said, “The Editorial Board
has already voted in favor of endors
ing candidates. The paper is accessi
ble to letters from the students about
other endorsements. It is part of the
board’s responsibility to endorse a
candidate and we feel we are doing
the right thing.”
Joel 'Gilland, new chair of Student
Legislature sitting
well with new chair
Legislature, has many plans for the
legislative body in the next year.
By Nancy Davis
For more than two years, Student
Legislature has been chaired under
the gavel of Jack Summerlin. Two
weeks ago, Joel Gilland, junior class
president, was elected as the new
chairman. Already, Gilland has
jumped right into his job and is busi
ly improving and redoing some of the
procedures in Student Legislature.
A main concern of Gilland’s has
been to use Robert's Rules of Order
more effectively during the meetings.
At his first meeting, he “set up rules
for decorum in debate, because we
spend a lot of time on needless
debate. ”
Gilland hopes by limiting debate to
10 minutes, doing away with commit
tee reports and not voting on motions
until a copy of the motion has been
sent to him, he will quicken and im
prove the meetings.
The junior political science major
realizes legislature has been through
some rough times, but said, “Legis
lature deserves a lot of what it gets.”
However, he disagrees with Student
Body President Larry Springs state
ment in the Feb. 26 edition of the
Carolina Journal, "lb percent of them
are in government for themselves
“There are more than 25 percent of
them who are trying to do what they
feel is right. We have a lot of poten
tial,” Gilland said. “Legislature is
willing to accept their part of the
blame if people are willing to accept
their part."
While Springs called himself an
“outspoken, radical black,” Gilland
doesn’t feel his radicalism "has had
the effect he thinks it has on people.
He (Larry) is a concerned and active
student in areas where some students
may have been scared. I don’t see him
a radical.”
Right now, Gilland thinks
“cooperation” is needed to get the ex
ecutive branch and legislature work
ing together. “When both groups
come in with the attitude the only
way we’re going to get anything done
is to work together,” he said, “then
things will get done.
“Both groups got set in their minds
compromise was a loss. It’s not. It’s a
necessity. Both sides got awful stub
born this year.”
Gilland said he wasn’t sure how
legislature would react to Springs’
remark in the paper. “A lot of
legislators will be discouraged and
disappointed, but it won’t last very
long.”
In regards to the vandalism done
last semester to Springs' door,
Gilland had heard about it
“vaguely.” He added, "It sounded
like he had proof a legislator did it. If
he does, he should go to the attorney
general. There's no place in student
government for that.”