University of Virginia Library

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."