University of Virginia Library

Madison Demonstrators

Judge Upholds Protest Right

By Rob Pritchard
Cavalier Daily Staff Writer

In a decision issued this week, U.S.
District Judge Robert R. Merhige upheld
the right of students in general to
peaceful dissent, and in particular,
ordered the reinstatement of several
Madison College students who were
dismissed from school following a
peaceful campus protest last April.

While dealing specifically with only
the dismissal of these students, the ruling
has the effect of voiding a number of
college rules governing student conduct,
especially as they pertain to peaceful
dissent.

According to the Madison College
student handbook, a "demonstration is to
be registered with the Office of Student
Activities 48 hours in advance." The handbook
also states that "when an assembly of students
not authorized by the Dean of Student
Services, the Dean of Men, or the Dean of
Women has been requested to disband...those
students refusing to comply will be subject to
immediate suspension."

Madison Demonstration

The case in point refers to two
demonstrations staged by Madison College
students over administrative refusal to retain
various teaching personnel.

The first meeting, which began, according to
Judge Merhige, "in conformity with college
rules," ended in the occupation of Wilson Hall,
the central administration building. Though
prior arrangements for its use had not been
made, about 25 students intended to remain in
the building overnight "in order to dramatize
their concern and to meet with President Miller,
whose office is in the building, the next
morning."

The next morning, Dean James Fox ordered
the group to vacate Wilson Hall, and added,
according to Judge Merhige's memorandum,
that they "were conducting a demonstration
contrary to regulations and would be subject to
sanctions provided in the handbook regulations
unless they left within fifteen minutes."

Majority Leaves

Though the majority of the group left soon
after Dean Fox, about seven or eight remained
inside until the Dean returned with an
administrative official who took pictures. After
announcing a violation of regulations, during
which "everyone listened courteously," the
remaining few left peacefully.

Feeling that their point had not gotten
across to the administration, a number of
students, including those who were later
dismissed, applied for permission to conduct a
"vigil" to be held once again in Wilson Hall.
Although the students made their request well
in advance of the 48 hour deadline, Dean Fox
"declined to register the function because it
would constitute a 'demonstration' inside a
building," which would be impermissible
according to the College handbook.

More than 48 hours after they had
attempted to gain permission, a group of
students again occupied the lobby of Wilson
Hall. "As before, they planned to stay the night
and speak with President Miller the next
morning about the administration's refusal to
rehire certain professors; added to their list of
grievances this time was the threat of sanctions
against the participants" in the first vigil.

Again Dean Fox arrived and announced that
those students present would be subject to
disciplinary action, since the occupation was an
unauthorized demonstration, and gave them
fifteen minutes to leave.

Throughout the entire vigil the group
remained peaceful and there was no property
damage done to any building. In fact, when the
police arrived and arrested about 30 of the
demonstrators, they not only offered no
resistance, but even swept the floor before
leaving.

In Judge Merhige's memorandum, he notes
that rules governing the exercising of rights
under the first amendment "are invalid if they
permit those empowered to enforce them to
deny permission upon criteria unrelated to
proper regulation of the use of public places."
He later adds that "the first amendment
protects spontaneous as well as planned
activities."

Because the entire demonstration was
conducted in an orderly manner and involved
no "elements of conduct that the State might
make criminal," Judge Merhige concluded that
"a peaceful manifestation of dissent or concern
cannot be punished...so long as it does not
interrupt the educational process or conflict
with the rights of others."

Student Orderliness

The evidence contained in this decision
points to the fact that "on both occasions the
students in Wilson Hali displayed exemplary
orderliness." "Their principal purpose was to
meet with President Miller in the morning,
having waited overnight to dramatize their
concern." Nothing in the files indicates that the
students intended anything but a calm
discussion with the president."

The full effects of this decision are yet to be
realized; however, since " 'One cannot be
punished for failing to obey the command of an
officer if that command is itself violative of the
Constitution,' " (Wright v. Georgia, 1963), the
Madison students obviously did not "subject
themselves to sanctions when they calmly
refused to comply with Dean Fox's orders to
discontinue their protected activities."

Thus, with this decision, limits to
demonstrations, such as advance notice and
locations, have been found to be in violation of
the Constitution, when the demonstration is
peaceful.