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College of William & Mary Law School William & Mary Law School Scholarship Repository Student Newspaper (Amicus, Advocate...) Archives and Law School History 1987 The Advocate (Vol. 19, Issue 2) Repository Citation "The Advocate (Vol. 19, Issue 2)" (1987). Student Newspaper (Amicus, Advocate...). 275. https://scholarship.law.wm.edu/newspapers/275 Copyright c 1987 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers AMERI CA ' S O LDEST LAW SCHOOL bunratr Marshall-Wythe School of Law Fot: so>'o 1779 Volume XIX, Number 2 Thursday, September 17, 198i Twelve Pages ~BA Candidate Disqualified In Free Speech Case By Steve Mulroy posters. Asked about the extent of justify violating my righ~. " rule can be characterized as Holt also expressed concern about the limited physical A candidate for SBA 1st-year this ban, KJena responded that Content-Neutral? "viewpoint-neutral," somewhere resources available for extended representative has deliberately handing ou t leaflets on campus in between content-based and and putting notes in hanging files KJena balances the interests in­ mere time, place and manner campaigns. "We're just not a big violated an election campaign nlIe volved in just the opposite way. in an effort to challenge its con­ would also be an offense, but he restrictions. Ledbetter thinks the enough school" for this kind of ac­ was not sure about the rule's ap­ Although he acknowledges free rationales for the rule are insuffi­ tivity, she insisted. stitutional validity. The candidate, speech implications in the rule, he Will Murphy, will almost certain­ plication to newspaper cient justifications for this non­ Hanging File Politics advertisements. views the rule as a "legitimate content-neutraJ restriction, while ly be disqualified from the election Regarding the placement of restriction on speech, based on a Nichol said he was unsure, sug­ as a result. As the Advocate goes Rationales for the Rule · leaflets in hanging files, Holt time, place and manner basis." gesting a " middle-level scrutiny" to print, the Judicial Council, the argued that campaign literature KJena said the rule was design­ Since it is "not a content-based standard might be used in court. body in charge, plans to convene ed to ensure that SBA candidates restriction at all," the regulation overkill there would cause Wednesday, Sept. 16, to resolve the were adequately and uniformly in­ is "well within our [the Council's] SBA Rationales students to ignore legitimate ad­ matter. formed of campaign requirements powers." (Under current constitu­ Leigh Ann Holt, President of the ministrative announcements, the The rule in question states that before any of them could begin a tional law, " content-neutral" SBA, offered several other ra­ real purpose for the files. Dean candidates may not begin cam­ campaign. Normally, the registra­ regulations are easier to defend tionales for the regulation. Connie Galloway, however, said paigning unW one week before tion of candida tes closes one week against 1st Amendment Although the SBA has no formal that the hanging files were free to election day. The Judicial Council, before the election. After registra­ challenges.) - authority over election procedure, be used by students for private or the body responsible for ad­ tion closes, the Council gathers all But the content-neutral nature of the SBA is by nature intimately in­ other communication. Asked ministering SBA elections, created the candidates into one room to ex­ the rule is a major issue in the con­ volved with the controversy, and about extended campaign leaflet­ the rule in 1982. The only written plain, for example, that only troversy. Murphy argues, " If to­ Holt was consulted often ting of the files, Galloway replied, record of the rule, minutes from designated areas of the law school day I put up any non-campaign throughout it. "We wouldn't try to discourage the September 1982 meeting at building are fair game for posters. poster, there's no problem, but if To Holt, one reason for the rule that. " which it became effective. states By telling all the candidates at the DOSter is a campaign poster, is to prevent "anyone from getting Murphy insists that 1st Amend­ simply that a campaign (or SBA - once, Klena argued, the Council there is a problem. Clearly the on­ a jump on" anyone else, allowing ment concerns outwt>igh <illy in- office will begin one week before could avoid " the doubt and confu­ ly factor changed is the content, so people "equal time" to campaign. · ten'Sts advanced by the SBA. In a the election, and that the penalty sion" possibly resulting from in­ this is a content-based restric­ Holt admits " there is an argu­ written statement to The Ad­ for violation of this and other cam­ consistent individual interviews. tion." ment" that the provision unjustly vocate, Murphy stated, "I'm sure paign regula tions is The current system was "safer Professor Judy Ledbetter seems restricts speech, but, without it, "I that the SBA ' officials feel that disqualifica tion. and fairer" this way. to agree. "To the extent it's an ab­ can start campaigning the minute their policy is in the best interest Although the minutes do not Murphy sees this rationale as in­ solute preclusion" agai!lSt all I arrive," even two years prior to · of the student body. However, this define " campaigning,' Jude sufficient. " If the [posting] rules literature but candidacy the election. This excessive cam­ does not justify an infringement on KJena, Chief Justice of the Honor were written down, everyone literature, the rule is content­ paigning would alienate students, my right of free speech. The only Council, said the rule does not app­ could know about it," Murphy based, Ledbetter said in an inter­ make them " tired of looking at question to be addressed is ly to oral communication by can­ argued. He said, "Maybe there is view. She agreed with Professor posters," and cause general voter whether this policy is .. such an didates but only to leaflets and a policy concern, but it doesn't Gene Nichol, however, that the apathy. infringement.." . Continued on Page Ten Parking Regs Questionable by Steven Mister right to appeal for administrative A new Parking Services regula­ tion that automatically attaches a convenience. While parking of­ late fee to all parking tickets that ficials openly discuss the are appealed unsuccessfully has automatic late charge as a penal­ raised concerns that it blatantly ty for filing a losing appeal, it has chills the right to Due Process. The the effect of "raising the ante" for students who wish to appeal valid rule states, '~ If an appeal is made to the Traffic Appeals Committee claims because it increases the and is unsuccessful, the $5.00 late punishment if the appeal is fee will apply. " unsuccessful. Director of Parking Services, Opponents suggested a com­ Thea Stanton, said the regulation promise but Stanton flatly rejects was added to discourage students the possibility of paying the fine from filing frivolous appeals. within the 10-day period and "Students frequently appeal their simultaneously appealing the tickets to delay having to pay the ticket to avoid the late charge. If fines. It was becoming an accoun­ the appeal was successful, the Col­ ting and clerical nightmare," she lege could refund the fine to the said. student. Stanton says that is not an Despite the difficulty of process­ option because it doesn' t ing appeals, the Supreme Court discourage use of the appellate held in North Carolina v. Pearce process. "Either you pay the fine that when a state provides an ap­ or you appeal, not both," she said. pellate process, the due process Stanton's position against the clause prohibits unnecessary im­ compromise fuels opponents' pediments to the exercise of that claim that the rule is designed to ·right. chill access to the appellate High school students from acr~s the United States attended a mock constitutional convention at MarshaU- Nor may a state discourage process. Wyt.be Jast .week. defendants from pursuing their Continued on Page Ten Page Two Thursday, September 17, 1987 The Advocate lL Taught and Learned in Kenya By Karin Horwatt The class of 1990 has the totally different from American culture, original and unique reputation of but the way in which Kenyan being a "diverse group of people." values are articulated is surpris­ One member of the class of 1990, ing. For example, Catholicism is however, is different from the the dominant religion in Kenya, rest: Katherine Cross taught but the Kenyan religious traditions English, biology, and African were alive as well. Cross said, literature to high school students "There were two entirely different in Kenya, for an entire school year arenas, they didn't mix (from Thanksgiving, 1985 to them ...They would go to mass on Thanksgiving, 1986). "It was sort Sunday, and then, in their funerals of a correspondence program, I [for example], the African ways guess you'd call it, under Davidson would totally take over and for College [North Carolina], where I three nights they would stay up all went to undergrad school," Cross night and mourn. It had nothing to said. Actually, she said, "it wasn't do with Catholicism." really a program, there wasn't Kenyans also do not marry, anything set up, it was just a net­ " basically, they would decide to work of contacts of people who had move in with somebody .. .and the gone there." situation wouldn't be 'living Many of those who went to together' in the sense that it is Kenya, including Cross, went with here, because they do do it for little formal training; Cross had life," Cross said.

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