University of Virginia Library

Case Facts

There are several concomitant
facts which must be discussed in
this case. They are: the ban and its
background, the legality of the ban,
the defendants, selective
enforcement, the possibility of a
fair and speedy trial, ramifications
of a decision by the Judiciary
Committee, and the role of the
Cavalier Daily and other
organizations and publications in
pretrial publicity.

To ban all flags and banners at
athletic contests is in effect merely
a ban on the Confederate flag. The
Confederate flag is the one that is
brought to football games. The Viet
Cong flag is the one brought to
demonstrations and rock concerts.
Subsequently, the Confederate flag
is the one that is banned. The
argument raised by Tom Collier,
President of the Student Council, is
that it is up to the sponsors of the
individual events to ask people not
to wave flags that may be offensive
to many in the crowd. In an
emotion filled demonstration
against the war and in support of
the solidarity of the people of
North Vietnam, one has as much
chance of solving the
problem by asking someone not to
wave the Viet Cong flag, which is
quite legal to do, as one would have
asking people not to smoke
marijuana at the B.B. King concert,
which is quite illegal to do.

The ban is presently being
challenged in the courts by the
American Civil Liberties Union.
Meanwhile, two students await trial
on a violation of that ban. Few if
any of the legal debates that I have
heard have been won by the
defenders of the ban.

While those of us who are
affected by the law may debate the
issue, two University students who
may be afflicted by the law are
solemnly awaiting their trial. They
are Paul Trouche, a fourth-year
History major and Echols Scholar
and Robert Sheeder, a
third-yearman and also an Echols
Scholar and Honors student in the
Department of Government and
Foreign Affairs. At this time in the
history of the University, it will be
grand and glorious to try such
students. And why not? The
concerned students here at the
University are in a minority.

The liberals attack President
Nixon for attempting to pit one
segment of America against the
other, as long as he maintains an
Electoral majority of one-half plus
one.