Friday. May lo, m1

The Grinnell REPORTER

Page Five

 

Publications Chairman Graham: “You don’t need to understand why"
as Reporter editor is thrown out of special committee meeting

neporter Editor Krys Neuman was
asked to leave last Sunday’s special
meeting of the Board of Publications by
C h a i r m a n of the Committee,
Dr. Benjamin Graham (biology) because,
according to Graham, the meeting was
open to voting committee members only.
When Miss Neuman asked why the meet.
lng was open to voting members only,
Graham replied “You don't need to un-
derstand,” Miss Neuman then requested
a vote of committee members as to
whether or not she should be permitted
to attend; Dr. Graham refused to call
for the vote. Dr. Joseph Wall (history),
Chairman of the Faculty and a non-vot-

ing exeofficio member or all committees,
was permitted to attend,

The special meeting was called to con-
sider a proposal initiated by Wall and
President Leggett which concerned the
1966 yearbook. (See story elsewhere in
The Reporter). The proposal, which the
voting members of the committee ap—
proved, gave the committee unabridged
powers of censorship of the yearbook
before it would be returned to the print-
er.
The yearbook editors, Henry Wilhelm
and John Phillips, did not accept the
proposal and refused to turn the manu-
script over to the committee.

Miss Neuman, the only member of
the committee who has flrst hand knowl-
edge of the book, commented on her ex-
pulsion trom the meeting "l’ve always
considered myself an essential member
of the committee and never dreamed or
being excluded. The committee members
were wasting their time deciding on the
yearbook issue Without talking to the edi-
tors of the book H I could have told them
so. After all, who knows more about stu-
dent publications, the editor of the col-
lege newspaper or a biology professor
(chairman of the committee, Dr. Ben-
jamin Graham)."

 

} Censorship

(continued from page 2)

0n conferring with Leggett and Joseph
Wall (history), Chairman of the Faculty,
Graham agreed with them that (in Leg-
gett‘s words) “the issue was not one of
the journalistic competence or taste but
rather of the existence or nonexistence
of libelous material and that, according-
ly, there was need for a legal, not an
editorial, judgment."

it was therefore decided that the man-
uscript should be sent to Leggett who
would deliver it unopened to the Gen-
eral Legal Counsel of the College, Mr.
John F. Bierman, a local lawyer.
American Yearbook Company was in-
formed of this decision on April 17 and
the manuscript was received in Leggett’s
absence by Dean of the College James
Stauss who delivered it to Bierman.

Bietman returned the manuscript along
with his opinion on May a, the day he
tore Leggett made his action public.
Bierman concluded, “In summary, my
opinion as general counsel for the Col-
lege is that the material places the
College in a position of liability.”

He said he had found “considerable
libelous material in the proofs." As an
example he cited the use of a student’s
picture alongside copy alluding to the
use of marijuana, The student is shown
kneeling on the iloor over an empty 35-
mm film cannister. Beside the film can-
nister is shredded material of some sort.

Said Bierman, "The picture itself
would not be libelous, but the editor has
made comment as to the use of mari-
juana, and of course the inference is
there and the same then becomes libel-
oos if this were not the fact.”

It is Bierman‘s opinion that pictures
Ire not in themselves libelous, because
"the picture itself would be evidence of
the fact itself." But the picture may be-
come libelous if it is used in combina-
tion with editorial comment.

Biermao cited 33 American Jurispru-
dence, Section 55, page 75, as the basis

for his opinion. it states in part: “At
common law, it is settled that written
or printed publications, caricatures, pic-
tures or effigies which falsely tend to
bring a person into public disgrace, con-
tempt, or ridicule are libelous,”

Wilhelm maintains “It has not been
shown that anything in the book is li-
belous in that it has not been shown
anything in the book is in tact untrue.

in the light of Bierman's advice. Leg-
gett announced his decision to instruct
the committee on publications “to inform
the American Yearbook Company that
a statement of release will not be forth-
coming, that said company be paid out
of college funds whatever monies are
due it for preliminary Work on the man-
uscript, and that you instruct the Busi-
ness Officer of the College to return to
subscribers and advertisers all monies
due them. Salaries already paid to in-
dividuals on the staft of the 1966 Cyclone
need not be returned."

Wilhelm met with Leggett, Wall, and
Graham on Thursday morning. The
book's business manager, Tim Ablett, and
managing editor, Sue Barquist, accom-
panied Wilhelm,

Wilhelm reportedly offered to confer
with a lawyer, remove anything of a
libelous nature, and proceed with the
book.

Leggett felt this was insutiicient, but
agreed not to class all possibility or the
book’s publication until further discus
sions had taken place.

He said yesterday, “Nobody has seen
the manuscript except Henry and the
lawyer and ljust don’t think that's
enough. if Tim and Sue had seen the
manuscript I might feel somewhat dit-
ferently.

According to Wilhelm, the book has
been seen in its entirety by three peo-
ple: himself, Phillips, and John Wolf,
a 1966 Grinnell graduate. Woif wrote the
prologue and much of the book's text
and helped Wilhelm proofread the entire
manuscript.

Miss Barquist has reportedly seen
"substantial parts of it" and Ablett did

not feel it was his business to see the
manuscript at all.

Wilhelm said the reason other staff
members had not seen the book was
not because of any effort to keep it
secret. He said “Susie certainly would
have seen the entire book had she been
here during spring vacation when it was
completed."

When Leggett was asked if he would
be satisfied if the publications committee
or someone designated by it would re
view the book and assure him that noth-
ing in it was overtly offensive, he an-
swered yes.

But, he said, “Henry doesn’t want any-
body to see the manuscript except a
lawyer. If his material had libelous Con-
tent to begin with, I think that is reason
enough to have somebody connected
with the college at least look at it.” He
cited the fact that none of the persons
who had seen the entire manuscript
were still Grinnell students.

Leggett was reportedly reluctant to re-
turn the manuscript to Wilhelm. When
Wilhelm threatened legal action, Leggett
returned the manuscript, He did so only
after Wilhelm agreed in writing that the
book would not be published without his
consent as “on official publication of
Grinnell College."

The resolution passed by the student
publications committee on Sunday was
presented by Wall. It apparently rose
out of a discussion among Leggett, Wall,
Dean of the College James Stauss and
Graham.

The resolution as recorded in the corn:
mittee's minutes reads: “board of pub-
lications takes manuscriptv—meets with
college lawyer—deletes libelous mater-
ialigoes over it again for content-we
tell Henry about the changes and send
it straight to the publisher.”

The resolution was passed by a five
to four vote of the committee which
includes b esides Graham, Charles
cleaver (E ngllsh), M. M. Liberman
(English), William s, Cobb (philosophy),
College Business Manager and Treasurer
Donald Lambie, and students Ric Mac-

Dowell, Susan Will, Lilah Morton, and
Paul Jones. Wall is an ex officio mem-
ber of the committee.

The vote was Secret but it is reliably
reported that the vote was not a student
vs. faculty split. At least some student!
voted for the resolution, while some or
the non-students voted against it.

The point at issue seems to be whether
the committee has the right to go over
the book “for content,” and if so, exactly,
what such an examination would en-
fail.

The by-laws of the committee state
explicitly that "the committee shall not
exercise prior censorship over any pub-
lication.” Wilhelm feels the resolution
as it stands is a violation of the by-
laws. 50 do several members of tho
committee, one of whom voted for the
resolution.

Paul Jones, who admits to having
voted for the resolution, .said, “It would
be censorship. But we were presented
with two alternatives, either accept the
resolution or there would be no book,"

Other committee members deny that
it is a question or censorship. They feel
that since the yearbook has been almost
solely a “oneman job" and that since
the question of libel has arisen, such
action is necessary.

They see their review of the book as
a replacement of the “normal" editorial
process of yearbook production in which
a number of student's collaborate in
producing a “joint effort."

The name change and the removal of
the advertising as well as the accusa-
tions or libel, and the alleged “one man"
nature of the book’s production havo
created the need for the committee's
review, according to the resolution’s sup<
porters.

Wilhelm Claims that he did not know
the name change needed clearance from
the committee. He had made no secret
of the change and had used it in the
book's sales campaign.

Wilhelm said, “The only purpose for
advertising in a yearbook is to help in
financing it. We didn't feel we needed
the money. We planned, or course, to
return advertising receipts already col-
lected."

Both Leggett and some of the com-
mittee members claim to be open to an
alternative suggestion from the book’s
editors.

Leggett attaches two stipulations to
any such suggestion. First, someone del-
egated by the publications committee
would have to at least look at the man-
uscript. This would presumably be some-
one associated with the college other
than the lawyer.

Second, signed releases from person:
whose pictures appear in a potentially
libelous context in the book would not
be accepted as a sufficient correction.

Otherwise, all suggestions will report.
edly be considered.

The editors are investigating the pos.
sibility of privately publishing the book,
in the event that no agreement with
the college can be reached.

_—________.___________._—__—._-——