|  | The Cavalier daily Tuesday, October 12, 1971 |  | 
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."
|  | The Cavalier daily Tuesday, October 12, 1971 |  | 

