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SMC Fillt;The Student Mobilization Committee to End the War in Vietnam (SMC), and its chairman. Dale Story, have filed an appeal that is now pending before the U. S. Fifth Circuit Court of Appeals. The SMC is appealing a denial ofan injunction filed in Judge William Taylor’s Federal District Court last spring.The pu rpose ^f the “rfrjaiTctTon was to block SMU from banning SMC speakers from appearing on campus the day of the dedication ceremonies for the Underwood Law Library, April 30. Judge Taylor claimed he had no jurisdiction over a private school.The question would be settled by the appeals court decision.SMU HAS FILED a suit with the Fifth Circuit Court of Appeals for dismissal of the appeal. The suit will be heard in early September. The SMC appeal cannot go before the court until the dismissal suit has been heard.Jim Johnston, a legal consultant for the SMC, said the appeal would seek a declaratory judgment saying SMU was legally wrong in the case. He said the case is unusual because it is a test of whether a private school is subject to federal jurisdiction.The controversy arose last spring when it was announced that Attorney General John Mitchell would appear at the April 30 dedication and give a majorpolicy speech.SHORTLY AFTER Mitchells visit was confirmed, the SMC announced that it had invited Chi-pcago Seven defendant Jerry Rubin, Chicago Seven appeals lawyer Arthur Kinoy and local activists Bartee Haile and SteveJimtnex to present their views on•A * •justice in America in a program to be held at noon on the day of the ceremonies.The SMC statement was immediately followed by a statement from SMU President Willis Tatebanning all speakers, with the exception of the Attorney General, from the campus from Thursday, Aprii 2S, untii after 6prOb-the—foUowmg—day^-Tb«L_aiu—_nouncement was apparently made to avoid a confrontation between the speakers.Story, representing the SMC, filed for an injunction in Judge Taylor's court to prohibit SMU from enforcing the speaker ban. The judge denied the injunction, claiming he had no jurisdiction in the case. The Fifth Circuit Court of Appeals, meeting in an emergency session, upheld the judge'sdecision.IMMEDIATELY after the federal court proceeding, SMU filed an injunction against the SMC in state court, to enforce the speaker ban. The injunction was granted, and the SMC abided by the court's decision, presenting their program at • p.m. that Friday, with no confrontatkm arising. At the last mrmrte, Rufatn canceledhis speeeh so he could he presentat the Mayday demonstrations in Washington. His fellow Chicago Seven defendant, John Froinesspoke ir, his place.Story said the Center for Constitutional Rights, which has its main office in New York, will sponsor the SMCs case. The center contains the offices of famed civil right* attorney WWtamKunifier, and Arthur Kinoy, who is a member of Kopuaeris law firm.
Newspaper Details
Dallas Daily Campus
Dallas, Texas, US
Tue, Aug 31, 1971
Page 1
Full Page
Clipped by
Meagan P.
USA 04 Dec 2022
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