University of Virginia Library

Replace Herring

There are several errors, crucial
ones, contained in yesterday's
article about the forceful eviction
of two distributors of The Virginia
Weekly from University Hall on
Feb. 9.

(1) Mr. Herring did not give us
as his reason for telling us to leave
that we were "blocking the lobby"
or the "entrance;" he apparently
has created that reason as an
afterthought. The only reasons he
gave us were that he had leased the
Hall and that we had not asked his
permission. On this basis he ordered
us to distribute The Weekly outside
(in the rain), where, if we had stood
under the small shelter we would
have been blocking passage. Asked
whether or not this event was being
cosponsored by the Black Students
for Freedom. Herring replied, "No,
I've given them some seats, but
that's it!"

(2) The conditions under which
we left need clarification. When the
police officer arrived. Herring instructed
him to evict us, again on
the grounds that he had leased the
building and we had no right to be
there. The policeman then ordered
us to go with him. The fact that we
walked on our own feet, rather
than pulling a bravado act and
being dragged out, does not change
the fact that we left under police
force, not "on our own." Let is be
clear, however, that the policeman,
who questioned us in his car in
order to fill out his report, was
acting under orders: it was Herring
who bears responsibility for the
eviction. (Though I think I saw him
conferring with Alan Williams,
Vice-President for Student Affairs
and valiant protector of student
freedom.

Our contention to Mr. Herring
was and still is that by leasing the
building, no group has the right to
prevent anyone from exercising the
Constitutionally-protected freedom
to distribute literature to the
entering or outgoing patrons of the
event, as long as the passageway of
the people going in is not obstructed.
There can be no requirement
for requesting permission for
such activity from Mr. Herring or
anyone else, because no one has the
right nor the power to deny such
permission. These freedoms were
supposedly protected by the Regulations
Concerning the Use of
University Property issued by President
Shannon last September. The
Student Council has sought and
failed to achieve clarification of the
rules on just such an issue as this
one. Though we received verbal
assurances that such activity was
protected by the regulations, some
administrators seem not to have
gotten the word.

It is one thing for an administrator
to disagree with the political
nature of a publication, and quite
another for him to have the power
to censor the reasonable - distribution
of that publication. It is
permissible, perhaps, for an administrator
to rant and rave in
emotional display against the political
nature of a student's activity,
but we have reached a danger point
when that administrator can arbitrarily
order the University Police
to suppress a legitimate student
activity. We were also somewhat
shocked by Mr. Herring's seeming
disregard for the opinion of any of
the members of the Black Students
for Freedom, with whom, according
to the publicity, the event was
cosponsored, but whom Mr. Herring
never once consulted on the
matter.

We will continue to seek clarification
of the protection of freedoms
of expression at the University,
through the Student Council
and in any other way necessary. We
would also like to have established
the obvious fact that the section of
University Hall from the doors to
the turn styles is an entranceway in
which the rights of distribution
should not be restricted, especially
in the case of inclement weather.
Mr. Herring, on his way to call the
police, shouted, "If you want to
make a test case, we'll give you
one!" Well, fine, we will be glad to
produce any number of witnesses
to the fact that we were not
obstructing the passageway and
challenge Herring to find one
witness to the contrary and we will
be glad to for the right of any
group to distribute literature. We
might suggest, in closing that the
University consider hiring someone
more open-minded and less excitable
to fill the position of director
of our student union activities and
facilities which Mr. Herring now
occupies.