University of Virginia Library

Williams Raises Flag Ban;
Declared Unconstitutional

By BEVERLY DOWELL

Photo by Andy Stickney

Peace Returns To The Lawn

Fallen Leaves Are The Only Remains Of 'University Tuesday'

The University's ban on flags at
Athletic games was rescinded under the
First Amendment yesterday after it was
designated unconstitutional by state
Attorney General Andrew P. Miller.

The Judiciary Committee has since
dropped all charges against two students
who displayed a "Stop Expansion"
banner at the Vanderbilt game earlier this
month.

The University requested an opinion from
the Attorney General after instituting the ban
two days before the Vanderbilt game. The Civil
Liberties Union had field suit against the
University declaring that the regulation violated
the right to freedom of speech.

After rescinding the ban, D.A. Williams,
Vice-President for Student Affairs, added, "We
will continue to urge spectators at athletic
events to refrain from provocative actions."

Commenting on his actions, Mr. Miller
stated, "I am of the opinion that the carrying
of flags, banners, or signs, like the wearing of
armbands, must be equated with direct,
primary First Amendment rights akin to pure
speech."

The regulation was created after an incident
involving a Confederate flag at the Duke
football game. Black students were offended by
the display of what was termed "a racist
symbol". The University stated in its request
for an opinion that "While no violence ensued,
tempers were hot, epithets thrown and it was
only because of the action of the Dean of
Students that the situation did not result in
physical violence."

The regulation had prohibited all banners
except those authorized in advance by the
Department of Athletics. When the ban was
issued, Mr. Williams had said it was "in order
for athletic events to be enjoyed as such."

Mr. Miller said these were the key words
upon which he had based his objection,
explaining that because of this rationale, "the
regulation is defective because it permits the
waving of some flags but does not permit the
waving of others.

"Clearly, the more display of symbols of the
confederacy, however distasteful and
personally offensive they may be to portions of
the student bod does not justify the selective
banning of such displays."

When asked about the Judiciary
Committee's decision Sheeder, one of two
students who had flown the expansion banner,
said that he had not heard from the Judiciary
Committee about the dropping of the charges,
but he added, "They have been rather slow in
informing us of anything."

The regulation was "a silly rule that
wouldn't have held up in court," Mr. Sheeder
declared.

Mr. Sheeder continued to say that he was
pleased with Mr. Miller's ruling "upholding the
freedom of speech under the First
Amendment."

"Everyone has the right to express political
opinions no matter what they are. The
University can't cordon off public areas and
say no one there has the right to free speech,
particularly since the University is supposed to
be in favor of free speech," Mr. Sheeder
asserted.

Mr. Miller also added in his opinion that
"the regulation is unconstitutionally overly
broad in prohibiting all flags, banners or signs
except those for which approval is given.
Presumably, most flags or signs would be
completely innocuous."

The basis for Mr. Miller's opinion was a
1969 U.S. Supreme Court decision in an Iowa
Case. The court overturned a ruling by school
officials to prohibit students from wearing
certain arm bands that the officials feared
would cause trouble.

The court said that fear of trouble was not
sufficient cause "to overcome the right to
freedom of expression." The court added that
"any departure from regimentation may
cause trouble, but that the "constitution says
we must take that risk."

"I expect there will be all kinds of flags at
the games." Mr. Williams commented after the
ruling had been lifted. He added that he hoped
"people will recognize" that carrying flags "is a
protected right."

Mr. Williams also noted that the Attorney
General had addressed himself to the possibility
of banning all flags stating that "a ban on all
flags would also violate First Amendment
privileges.

"The Attorney General has issued an
opinion and we will adhere to the opinion. We
will, however, try to make people aware of acts
that are provocative and try to encourage those
who see them as provocative to be aware of the
rights of the flag bearers," Mr. Williams added.

Peter Gillespie, Vice President of Student
Council, explained that, "no one liked the flag
ban." He added that the University would have
to "devise a better way" to avoid more flag
incidents. He suggested that this would be "an
educative process in which everyone realized
the sensitivity and everyone also realized the
rights involved." He added that everyone would
have to try to "strike a balance."

Mr. Gillespie also stated that he would not
be in favor of the University trying to rewrite
the regulation in order to make it
constitutional.

Larry Sabato, a member of the Council,
commented that the Council was "backed into
a comer, not by any particular group but by
the whole atmosphere, on the whole problem
of the First Amendment rights vs. the right to
safety."

Mr. Eugene F. Corrigan, Director of
Athletics, said that he doesn't "think there is
any way to make the regulation
constitutional."

He expressed the hope that "everyone will
come to the football games and just enjoy the
afternoon."

Photo by Andy Stickney

D. Alan Williams

Rescinds Flag Ban