Free Trojan challenges ban
By GUNTHER MERLI
The Free Trojan was distributed on campus yesterday in violation of a Student Court injunction banning its distribution during the period of the ASSC elections.
The court issued the injunction by a 4-3 vote, April 1, when it met to decide the case of McNamara and Trope versus the Free Trojan. Michael Lance Trope, candidate for vice-president of academic affairs and Jack McNamara, ASSC independent representative, had accused the Free Trojan of violating the principle of fair and equitable elections by being a political handbill and giving an unfair advantage to certain candidates.
Randy Goodwin, editor of the Free Trojan, said he is testing the court s injunction. He plans to appeal the decision to the Student Behavior Committee on the grounds that the court did not have the jurisdiction to hear the case.
The problem of the jurisdiction of the Student Court has been a factor in the completion of this case. Early in the hearings, a motion by Goodwin to have the case dismissed was refused because the court considered
itself to be the Student Literature Committee and to have jurisdiction over the case by means of an executive council resolution of last year.
However, the resolution actually states only that members of the court may be appointed as members of the Literature Committee and not that the court is the committee. On this point Paul Moore, director of student activities and advisor to the court, agreed with Goodwin.
Technically, violations of the Student Literature Code are not within the jurisdiction of the court. They must be referred to the dean of students.
However, the court does have jurisdiction over violations of the Elections Code. Certain aspects of this case, such as the problem of free speech versus fair and equitable elections, are involved with it. The case is mixed between the two jurisdictions.
Dan Levinson, chief justice of the court, said enforcement of the decision is up to either the ASSC or the university. The court itself is forbidden by the ASSC Constitution to initiate action.
Levinson said the case is considered closed until a brief is submitted to
the court charging its lack of jurisdiction, in which case the court would conduct a review of the case.
Moore said the decision could be enforced by asking for disciplinary action from the University Judicial against the students who published the Free Trojan, but apparently this is unlikely.
The court’s decision also bans all other newspapers not specifically excluded by the Students Literature Code. The decision covers several points mentioned in the suit by Trope and McNamara :
•	The court found that the name of “independent students” was not in violation of the Literature Code, since it was not purported to be an organization.
•	Financial arrangements of the Free Trojan were found to be acceptable to the court. No single interest or group supported the paper.
•	The court directed the Free Trojan to clean up its papers after distributing them, after finding it to be in violation in this respect.
•	The paper has also been required to get permission to distribute in certain campus buildings.
In the most important part of its
decision, the court found a connection between the Free Trojan and the Young Americans for Freedom. Through evidence presented by the plaintiff, the paper was found to be biased and to contain “slanted and subjective content.”
The court found that the responsibility entailed in free speech had been violated by the Free Trojan. It considered the practical asset of a democratic election more important than the theoretical right of free speech.
In the majority decision, the court said a ruling in favor of the defendant would allow anyone to put out a paper filled with political endorsements. On this basis , the court issued its injunction.
On the other hand, in the court's minority opinion, members said the court was replacing questions of a legal conflict with those of purely political nature. Insuring a fair election “by limiting free expression is to make the cure worse than the disease.” They said the decision would limit the exchange of ideas and dialogue within the university.
University of Sourhern California
VOL LXII
NO. 102
LOS ANGELES, CALIFORNIA
TUESDAY, APRIL 13, 1971
STANDING ON THE CORNER...	Photo b* Steve Bo,lnaer
A campus vendor models the latest in tee-shirt design he offered for sale yesterday by Tommy Trojan.
PRESIDENTIAL ELECTION
Three more enter race
Kent Clemence. Chuck Jones and Marsha Naify have joined Craig Caldwell and John McGuinness as candidates in the race for ASSC president.
Kent Clemence
Kent Clemence is advocating the opening of membership on the Board of Trustees to students, faculty and to members of the surrounding community.
“Each group represents a source of valuable inputs and potential contributions that are now being ignored or overlooked,” Clemence said.
“The time for confrontation is past. The time for cooperative negotiation is at hand.”
Clemence would like to see a campus ombudsman hired to help expedite problems that he feels result from the university’s bureaucratic nature.
(Continued on page 5)
By DANIEL ALAIMO
Chuck Jones
Chuck Jones had originally intended not to run because George Millburn was a candidate and because Jones had been accepted at Harvard Law School.
Jones said that he later decided to enter the race because Millburn had come down with hepatitis and that left no libera 1-moderate candidate. Jones feels that he can go to Harvard after he finishes his current degree objective.
Jones, currently ASSC vice-president for academic affairs, stressed his experience and past administrative accomplishments as his qualifications for the presidency.
“I already have the expertise and the background to administer a government from election day on. instead of serving the usual semester of apprenticeship necessary to iearn to cope with the university's bureaucratic techniques.
(Continued on page 5)
Marsha Naify
Marsha Naify said lack of communication between the ASSC and the students is the president’s responsibility.
She said “the president himself must have the intiative to foment change.”
She feels this is the key position through which she hopes to bring all the various groups on campus together. “You have to communicate on different levels with different people.”
She said there is a lack of organization in the ASSC and added bureaucracy in student government has to go.
Naify called Craig Caldwell and the Students for Responsible Government “a political maneuver, it has no meaning or validity for the students.”
She has had no experience in student government but regards this as an asset. “It is time for some new blood, some new programs, some strategy and innovation.”
Reactions vary on Free Trojan
By JIM HART Assistant City Editor
Reactions from parties involved in the Student Court decision to ban publication of the Free Trojan have varied from open defiance to guarded approval.
Randy Goodwin, editor of the Free Trojan, which continued publication Monday in defiance of the injunction, said, “It’s pretty obvious to anyone who reads the court briefs that his was a political motivated decision.
“To ban a newspaper because of literature code violations is rather a harsh measure. The Free Trojan has been publishing regularly since 1969.
“Articles have been printed on every different thing you can think of, mostly not related to campus politics.”
Goodwin said it was unfair to have Steven Knowles, who wrote the majority decision for the court, hearing the case since he has written letters to the Daily Trojan criticizing the Free Trojan. .
“It was pretty absurd to have him sitting on the court in this case when he had been making his feelings known prior to this,” Goodwin said.
“To say that the paper will support one candidate for the election is to assume that the content will be something. This is placing a prior restriction on publishing certain material,” Goodwin said.
In the brief submitted to the court by plaintiffs Michael Trope and Jack McNamara, Goodwin said they cited violations of the Literature Code in the first place.
“Then, in the second part, there was subjective analysis of the content of the Free Trojan, not based on the Literature Code,” said Goodwin.
He cited this as evidence that political motives were involved in the case.
In an editorial in yesterday's Free Trojan, Goodwin wrote, “. . . after a great deal of thought and consideration . . .the Editor made the decision to publish the Free Trojan and suffer the consequences.”
Trope, a candidate for vice-president of academic affairs, said of the decision “My reaction was paradoxical. I was glad we won the case, because I feel we will have a more equitable election.
(Continued on page 5)
24-hour dorm visitation to begin; passed over Bloland's rejection
A majority vote of the Women’s Halls Association council last night passed the experimental 24-hour dorm visitation policy after it was rejected by Paul Bloland, dean of student life.
The policy will go into effect beginning Wednesday at 10:30p.m.
“Under the conditions of dorm self-governance, WHA has the right to put the policy into effect without Bloland’s approval,” said Marilyn Smith, a member of the council.
Bloland rejected the proposal for two reasons. First, he said the policy did not respect the rights of the minority of the students who did not vote in favor of the policy.
The second reason was that present security measures did not provide for the control of male guests in the dorms 24 hours a day, especially during early morning hours.
It was pointed out that the visitation policy was passed by a four-to-one majority of the entire women’s complex, and that careful arrangements have been made by the 24-hour visitation committee for security measures.
The statement on self-governance gives the WHA council authority to pass legislation as long as it first confers with members of the dean’s staff. The council believes it has acted in accordance with the self-governance rules and is now able to vofficially put the policy into effect._