Repository: UIHistories Project: Board of Trustees Minutes - 1970 [PAGE 836]

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836

BOARD OF TRUSTEES

[March 2

had been scheduled for some time, but stated, in view of press reports of Mr. Kunstler's appearances elsewhere and reports of violence subsequent to them, he was reluctant personally to see the appearance go forward without full consultation among the Trustees. He indicated that this was a serious question for the Trustees to consider and reported that it was the unanimous opinion of the administrative officers that it would be inadvisable to interfere with the scheduling of the meeting. He then called upon President Henry to review the situation. President Henry reported that the administration was closely following the situation at Urbana and called upon Chancellor Peltason to provide a report on the Kunstler appearances as well as events taking place at the moment at Urbana. Chancellor Peltason reported that two distinct events were involved: one, the nature of the protest activity then underway by the "Radical Union" at Urbana, a protest against the presence on campus of employment representatives from the General Electric Company. Local and state police had been alerted, which had resulted in some glass breakage and blockage of traffic. Second, he indicated, independent of the protest was the invitation by the Concerned Law Students, in compliance with University regulations, to invite Mr. Kunstler to speak on Tuesday evening, March 3. The Graduate Student Association and Undergraduate Student Association at Urbana had joined with the law students in the invitation. He stated that authorities at other institutions where Mr. Kunstler had appeared were unable to identify any relationship between the appearances and any disruption that had occurred. The Chancellor reported that, following consultations earlier in the day with the deans at Urbana and campus security officers, as well as law enforcement officers, it was the general current judgment that at this time to cancel Mr. Kunstler's appearance on Tuesday would provide gratuitously a new and volatile issue for further protest and possible disruption. President Henry noted that his letter of October 2, 1968, to the Chancellors constitutes a general policy directive with regard to visiting speakers. Mr. Costello was asked to comment on the Clabaugh decision and the Court's declaration of that law to be unconstitutional. He noted the Court had found that the University has adopted an open door policy with respect to speakers, which meant that all must be allowed to speak except when a clear and present danger exists. He indicated that this latter judgment could not be based on speculation, that the finding that a clear and present danger does exist must have substantial basis in fact. Chancellor Parker spoke briefly about Mr. Kunstler's appearance at Chicago Circle, indicating that there had been no disruption following the speech. He noted that the University's policy directive provides for "balance" and that a speaker on the other side was to be scheduled at Chicago Circle.