University of Virginia Library

ACLU Files Suit Against Athletic
Department's Banner Restriction

By RICHARD JONES

The American Civil Liberties Union
has filed a law suit questioning the new
University policy on flags and banners at
home sports events.

In the suit filed Friday in the Circuit
Court of Albemarle County, the ACLU
contends that an individual's rights to
expression is violated by the University
policy.

The new policy permits display of only the
American and State of Virginia flags and
pennants representing the University of Virginia
and its athletic opponents at home-sports
events.

It bans the Confederate flag because the
waving of that flag at a football game offended
a group of black students who felt that it was a
symbol of racism.

Philip Best, professor of psychology, said
that "this is an important case for many
reasons." "It makes clear that the ACLU does
not just defend liberal cases but any case that
violates First Amendment rights."

The plaintiff for the suit is Jerome J. Curtis,
an instructor in the Judge Advocate General's
School. He is also a captain in the Army.

F. Guthrie Gordan, a Charlottesville
attorney, is handling the suit for the ACLU. Mr.
Gordan said that he was "going to move for an
early decision" by Judge David Berry. He
suggested that the verdict be made within two
weeks.

According to William Elwood, special
assistant to the President, "the University has
not received formal notification of the suit."
He added that "until that happens, no action
will be taken."

Mr. Elwood also stated that "the person
who will be handling the case is Leigh
Middleditch," special counsel for the
University.

According to an article in the Daily Progress,
Mr. Curtis asserted that on the day University
officials banned the Confederate flag at football
games, he asked Gene Corrigan, athletic
director, for permission to bring one to the
Virginia-Vanderbilt football game.

Mr. Curtis also claims that the advance
notice imposes a prior restraint on his freedom
of speech. He is asking for a declaratory
judgement.

The ACLU suit asks for temporary and
permanent injunctions against the University
policy, and it also charges that it violates the
First and Fourteenth Amendments of the U.S.
Constitution and Article 1, section 12, of the
Virginia constitution.

In a petition, Mr. Curtis said that Mr.
Corrigan not only would not give him
permission but that he would not allow the
Confederate flag to be brought to any other
football games.

Named as defendants are D. Alan Williams,
vice-president for Student Affairs; Mr. Corrigan;
Edgar F. Shannon, Jr., President of the
University; Joseph H. McConnel, rector of the
Board of Visitors; and the Board of Visitors.

According to Mr. Dwoskin, the ACLU board
passed a resolution to give the panel any power
necessary to file suit. Robert Dwoskin,
chairman of the ACLU panel for
Charlottesville, said that "the reason the ACLU
is bringing this case is that it recognizes that
one man's sensibilities are another man's free
speech."