The Daily Californian

Vol. 186, No. 49

Friday, November 20, 1964 Copyright © 1964 by The Daily Californian All rights reserved. Reprinted with permission.
The Independent Berkeley Student Publishing Co., Inc. (The Daily Californian)
600 Eshleman Hall, University of California, Berkeley, CA 94720

  • Susan Johnson, Editor
  • Justin Roberts, Managing Editor
  • Barry Bishin, Night Editor
  • Alice Wong, Business Manager
  • John Gueldner, Advertising Manager
  • Norm Budman, Night Manager

Editorials make no claim to represent student or University opinion.

FSM Requests Regents Hearing

The campus political activity controversy will come before the University Board of Regents today, but whether groups will be permitted to make oral presentations at the meeting is still unknown.

Free Speech Movement leaders have formally requested an audience before the Regents to "explain the rationale behind these proposed regulations and answer any questions concerning them," among other things, according to the FSM spokesman.

The decision on whether they, or any other group, will be allowed to present an oral case will apparently be made at the 2 p.m. meeting.

Under the Standing Orders of the Regents, requests by individuals and groups to make oral presentations can be granted only by vote of the Regents. The Board meets Friday afternoon. Therefore, no decision as to whether the Regents will hear oral presentations can be made until that time," according to Miss Marjorie Woolman, secretary of the Board of Regents.

At noon today FSM will stage a rally in Sproul Hall Plaza to discuss its platform and "demonstrate support for our principles."

A "peaceful mass delegation" of Free Speech Movement members plans to wait outside University Hall during the Regents meeting.

Michael Rossman, a member of the FSM Steering Committee, explained why FSM believes it should be "the legitimate spokesman for the students."

"Although others have proposed solutions to the problem facing the students, (some of them well-meant and sympathetic) the Free Speech Movement is the legitimate spokesman for the students since it is most intimately acquainted with the needs of the students. It is only within the ranks of the Free Speech Movement that nearly all of the political, religious, and social action groups on the campus are represented," said Rossman.

In an attempt to prove this statement, FSM will present a petition which had over 1700 signatures by yesterday. The petition claims only courts of law have the power to judge whether speech on campus abuses Constitutional rights of free speech and only the courts of law should have the power to impose punishment.

Yesterday the State Board of Directors of the California Democratic Council asked the University administration and Regents to protect the "constitutional liberty," of the students.

"... advocacy of ideas and acts which are constitutionally protected off campus should be protected on campus..." the CDC said.

There was no discussion of Free Speech Movement activities at yesterday's meeting of the Regents.

In other Regent's action the Committee on Grounds and Buildings approved the plans and site for the Moffitt Undergraduate Library. The five-story library will be built northeast of the Life Sciences building and ground will probably be broken in 1966.

FSM Tour Of State Planned

At least seven and possibly fifteen Southern California colleges will hear the stand of the University's Free Speech Movement next week when FSM leaders barnstorm the area.

The purpose of the tour according to FSM spokesmen:

  • tell Southland students the whole story of the Berkeley "Free speech" fight and the rise of the FSM,
  • encourage already-formed "free speech" groups and student political groups on the Southern California campuses to investigate the regulations restricting their political activity and to work for "free speech",
  • organize FSM's on other campuses.

"We want to see the whole state organized," said FSM leader Mario Savio. "At the very least, we want to see a UCLA FSM organized."

"Many state-wide student organizations are determined over a long period to secure their rights," he said.

The Daily Californian has made tentative plans to send a reporter south with the FSM group.

According to an FSM spokesman, the following definite speaking engagements have been made: Monday, University of Southern California, UC at Riverside, Claremont; Tuesday, Occidental, Los Angeles State, San Fernando Valley State; Wednesday, UCLA.

The FSM group has its eyes also on Long Beach State, Los Angeles City College, Santa Monica City College, San Diego State College, UC at San Diego, and four or five other campuses.

No definite engagements have yet been made at these campuses, however.

The tentative list of barnstormers includes Savio, Martin Roysher, Brian Shannon, and Steve Weissman.

Amended Faculty Proposal

(Editor's Note—The following is a partial text of the ASUC's amended version of the faculty proposal on political activity.)

1. In the Hyde Park areas, the University interprets its present regulations as not requiring a distinction between advocating and mounting political and social action. The advocacy of ideas and acts which is constitutionally protected off the campus should be protected on the campus. By the same token, of course, speech or conduct which is in violation of law and is constitutionally unprotected will receive no greater protection on the campus than off the campus. Although there has been no case in which the distinction between advocacy and mounting action has been in issue, the position of the students and the recent resolutions of the Academic Senate and the Regents all support a University policy which, subject only to restrictions necessary for normal conduct of University functions and business, permits free expression within the limits of the law.

II. Consistent with the foregoing, off-campus speakers invited by recognized student groups to speak in Hyde Park areas will be permitted to do so upon completion of a simple registration procedure which records the inviting organization, the speaker's name, the topic of his talk, and his willingness to answer questions. This registration procedure shall be administered by the ASUC. In the Hyde Park areas the notice required will be reduced to the minimum necessary for compliance with this registration procedure. Registration must be completed before an appearance in the Hyde Park areas of an off-campus speaker is given advance public announcement; when it is given such announcement, the Chancellor may require a faculty member to serve as moderator. The Academic Senate shall furnish the ASUC President with a list of faculty members willing to serve as moderators.

III. The University shall maintain that:

  1. All legal activity is allowed on campus, and
  2. illegal activity off the campus is, as always, the private business of the student as a private citizen.

Should the Chancellor suspect that a student or student group used University facilities to incite, plan, or organize illegal off-campus action or use criminal speech on campus, then he shall have the prerogative to convene the Faculty Committee (denoted below) to conduct a "fair" hearing (in the manner delineated below) to determine whether said student or student groups should be held accountable and whether University discipline should be imposed. This hearing decision shall be advisory to the Chancellor.

In this Faculty Committee hearing, consideration can be given both to prevailing criminal law principles of accountability, and to the outcome of the civil court trials stemming from arrests of parties involved in the off-campus action.

The student shall retain full student status for the duration of the hearings, unless limited in his actions by civil authorities.

(1) The hearing committee shall be the established Faculty Committee on Student Conduct. (It is the opinion of the ASUC Senate that beginning with the fall 1965 semester this committee shall be appointed by the Academic Senate Committee on Committees.)

(2) The "fair" hearing of the Faculty Committee on matters of student political and social action shall include the following "due process" provisions for rights of the accused:

  1. Legal counsel.
  2. Presumption of innocence, with burden of proof to be same as in criminal courts.
  3. Cross examination and summoning of witnesses.
  4. Committee hearings to be made open upon request by the defendant(s). They shall otherwise be closed.
  5. A record of hearing proceedings to be taken, and made available to defendant(s).
  6. A professor of criminal law from the Boalt School of Law must be present at the hearings.

Be it known, that any student displeased with the action of the University has the right and prerogative to seek further consideration and final authoritative decision in a court of law.

IV. In areas other than Hyde Park areas, the requirement of 72 hours' notice for off-campus speakers will continue to be liberally administered.

V. Recognized student organizations will be permitted in designated areas (these designated areas to include the Bancroft-Telegraph area, North entrance, and areas in the Student Center to be delineated by the ASUC Senate) to accept donations and membership sign-ups, and to distribute political and social action material from tables provided by the organizations under the following conditions. The ASUC Senate shall upon consultation with the administration, designate further areas, as the need arises.

... (Table regulations listed are identical to those listed in the Faculty Report.)

VI. In the student office building and/or the Student Union, a meeting room (or rooms) should be available for meetings of the members of recognized student off-campus groups. The regulation of scheduling and use of these facilities should be handled through student government channels.

VII. The Office of the Dean of Students, in cooperation with the campus police department, will prepare a statement of the criteria used to determine when police are required at meetings, so that organizations can better determine in advance whether or not their meeting plans are likely to incur the cost of police protection.

VIII. A Committee will be established to serve in an advisory capacity to the Chancellor on the interpretation and administration of rules relating to on-campus student political and social action. The composition of this committee shall be:

  1. Six ASUC Senate members.
  2. Two faculty members to be appointed by the Academic Senate Committee on Committees.
  3. The Chancellor will provide a person from the administrative staff to act as a committee resource person, without vote.

... X. The Hyde Park areas shall include: the lower plaza... Bancroft-Telegraph... (Note—Bancroft-Telegraph to be included here, only should XII not be accepted by the Regents), and Wheeler Oak...

XI. Personal distribution of free leaflets to be permitted in the vicinities (in addition to the areas designated for tables) adjacent outside to the facilities to be used for speaking, other than instruction of classes, from the time at which the doors or gates are open for that speech until the end of that speech.

XII. The ASUC Senate desires to separate control of the Bancroft-Telegraph area from the Regents.

XIII. Student publications concerned with legitimate educational purposes of more than one page and containing not more than one-fourth advertising may be distributed free or for donations by members of the University community at all areas designated for tables.

Letters to the Ice Box

5th Amendment

To the Ice Box:

In Tuesday's Daily Cal, Miss Shahrokh erroneously asserted that "the Fifth Amendment does not apply to the states, only to the Federal Government."

This opinion was upheld by the Supreme Court in 1908 and 1947. However, on June 15, 1964, the Court ruled 5-4 that the Fifth Amendment privilege against compelled self-incrimination applies in state as well as Federal proceedings. (No. 110, Malloy vs. Hogan).

—Paul Hoch
grad, physics


Prudence

To the Ice Box:

Several of us are wondering the prudence of the academic senate's recommendation to reinstate the eight expellees.

They were suspended indefinitely long enough, so the claims go. After six weeks, the defiant ones have spent their energies in the free speech and liberty causes and now exhausted, are ready to settle down to the quieter life of the student attending classes and doing the assignments.

If these students are reinstated, would the University's face slip in the public eye? After the most recent FSM denunciations of the Administration, however musical, how do you think Sproul feels? More benevolent and forgiving than FSM?

On the other hand, it might be the smartest policy the Administration ever grabbed ahold to reinstate the dissenters. It would be very large of Sproul Hall, and most likely the quickest and most effective means of permanently ousting much of the dissension.

After missing six weeks of classes and getting pooped besides, flunking incidence might be no coincidence.

—Kathie Wilson
junior, history

C-IA to Discuss FSM Today

The Commuter-Independent Association will hold a general meeting at 4 p.m. in 406-408 Student Union this Monday.

The meeting is to give the commuter-independents a chance to discuss the current free speech controversy and the Free Speech Movement. There will also be an election for the office of affiliations vice-president. All C-I's are welcome.

Regents Composed of Industrial Leaders

(Editor's Note—This is the third article in a three-part series on the Regents.)

Dorothy B. Chandler. Mrs. Chandler has been a Regent since 1954. Active in public and cultural affairs, she received the Los Angeles Junior Chamber of Commerce Award of Merit for "her outstanding and extraordinary contributions of public benefit." She was appointed by President Johnson in March to the five member Advisory Committee of the United States Information Agency.

Catherine C. Hearst. Mrs. Hearst, wife of Randolph A. Hearst, has been a Regent since 1956. She is active in many civic groups including the Society for Crippled Children and Adults.

Samuel B. Mosher. Mosher, the founder and present Chief Executive Officer of the Signal Oil and Gas Co., has been a Regent since 1956. He is also the Chairman of the Flying Tiger Line, Inc.

John E. Canaday. Canaday, a Los Angeles aerospace executive, has been a Regent since 1958. He was an ex officio Regent from 1950 to 1951 when he was President of the University of California Alumni Association. At the present time he is the Vice-President of Lockheed Aircraft Corporation. He is a director and secretary of the California Institute for Cancer Research.

Philip L. Boyd. Boyd, a property management and land development executive, has been a Regent since 1957. In the past he has been a Chamber of Commerce Secretary, a banker, a rancher, and a hotel operator. At the present time, he is a director and executive committee member of the Security First National Bank of Los Angeles. His public offices include the mayorship of Palm Springs, Assemblyman, and member of the State Public Works Board.

Norton Simon. Simon, who has been a Regent since 1960, is a Los Angeles industrialist and financier. He is President of Hunt Food and Industries, Inc., a director of McCall corporation, and a member of the Board and of the Executive Committee of Northern Pacific Railway Co. He is also a member of the Board of Museum Associates in Los Angeles.

William E. Forbes. Forbes, a Regent since 1962, is the president of the Southern California Music Co. In the past, he has worked in the advertising field, specializing in radio and television. He was an ex officio member of the Board of Regents from 1959 to 1961 as the President of the University Alumni Association.

William R. Roth. Roth was first appointed to the Board of Regents in 1961 to fill a vacancy. He was reappointed for a full 16 year term in 1964. As a financial executive, he is chairman of the Board of Pacific National Life Assurance Co., a director of the Matson Navigation Co., of the Pacific Intermountain Express Co., United States Leasing Corporation, Mandrel Industries, and Atheneum Publishers. Roth is also a director of the American Civil Liberties Union and a Trustee of the San Francisco Museum of Art.

Elinor Raas Heller. Mrs. Heller was appointed to the Board of Regents in 1962 and reappointed in 1964. Active in civic affairs, she is a member of the Board of Governors of the Palo Alto-Stanford Hospital Center, of the Board of Trustees and Executive Committee of the World Affairs Council of Northern California, and of the San Francisco Symphony Association.

Frederick G. Dutton. Dutton, who became a Regent in 1962, is a member of the California Bar and is the Assistant Secretary of State for Congressional Relations. After serving as executive secretary to Governor Brown, he served President Kennedy as Secretary of the Cabinet and Special Assistant for Inter-governmental and Inter-departmental Relations.

William K. Coblentz. Coblentz, a San Francisco attorney, became a Regent this year. He is a director of Advance Material and Processes, Hollister Land Co., and Kimball Manufacturing Co. In the past he has served as a consultant to the Secretary of State, Dean Rusk. He is also a director of the Bay Area Urban League, a member of the Jewish Welfare Federation of San Francisco, and a member of the American Civil Liberties Union of Northern California.

Laurence J. Kennedy, Jr. Kennedy, a Redding attorney, was appointed this year to fill an unexpired term that will end in 1968. At the present time he is a member of Carr & Kennedy, a Redding law firm. He is active in various community charitable organizations and has been a director of the Shasta Cascade Wonderland Association and a member of the Redding Parks and Recreation Commission.

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Title: The Daily Californian: Vol. 186, no. 49
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