Repository: UIHistories Project: Board of Trustees Minutes - 1970 [PAGE 837]

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1970]

UNIVERSITY OF ILLINOIS

837

Following these reports and comments, the Trustees engaged in a general and sustained discussion. President Henry reminded the Board that the Chancellor has authority now from the President to deal with campus security within the limits of present policy. The issue was one of judgment about the possible effect permitting the speech to go forward would have in the light of the unrelated protest activity then happening. Dr. Henry outlined various options before the Board: the matter could be left to the judgment of the administration in the light of continuing reports from those close to the current protest activity. A "cooling off" period could be provided for and the Board might express its admonition that the ultimate judgment be made carefully and with due regard to security; or finally, the Board, if it wished, could direct the administration to cancel the speech. (Mr. Swain indicated his intent to offer a motion to the latter effect.) Mr. Costello was asked to speak again to the court action of the Clabaugh Act. He indicated that a motion to cancel would require a finding by the Board that a clear and present danger then existed. Mr. Swain agreed that this would be the burden of his motion. Mr. Hahn indicated his intent to offer a substitute motion to the effect that on Tuesday morning, March 3, if the President, Chancellor, and other administrative officers feel that the state of emergency exists, they are directed to postpone or cancel the speech of Mr. Kunstler. Mr. Swain moved, "In view of the disturbances in California and in view of the events of the past several days, the Board request the administration to cancel or defer the meeting for Tuesday evening on the basis of security." Mr. Costello indicated that the motion would need to be more specific on the "clear and present danger" finding. President Henry stated, it would be difficult to administer a directive to "defer or cancel"; that if there was to be such action, he preferred that it be stated as a request to "defer."* Mr. Hahn introduced a substitute motion as follows: "If on Tuesday morning, March 3, the Administrative Officers declare that in their judgment a state of emergency exists, they are directed to postpone or defer the appearance of Mr. Kunstler." By a roll call vote the substitute motion was defeated 6 to 3. Those voting in favor of the substitute motion were: Mr. Clement, Mr. Hahn, Mr. Jones. Those voting against were: Mr. Grimes, Mr. Hughes, Mr. Page, Mr. Steger, Mr. Swain, Mr. Stone. Mr. Swain's motion was then passed by roll call vote, 6 to 3. Those voting in favor were: Mr. Grimes, Mr. Hughes, Mr. Page, Mr. Steger, Mr. Swain, Mr. Stone. Those voting against were: Mr. Clement, Mr. Hahn, Mr. Jones. The final text of Mr. Swain's motion was as follows: "On the basis of recent past experiences at other campus communities surrounding Mr. William Kunstler's appearance, and in view of present

* It was agreed by Mr. Swain that the motion would be recast through the advice of the University Counsel.