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       In March 1959. Slate decided to hold a rally on campus at the Oak Tree in support of Proposition C, the Berkeley Fair Housing Ordinance. Written request for permission was made to the Dean of Students Office. Dean H. E. Stone's reply, on March 9, cited Section 20220 of the Education Code, which prohibits use of the name "University of California' or any abbreviation of it, or any name of which these words are a part.

" . . . to display, advertise, or announce this name publicly at or in connection with any meeting, assembly, or demonstration, or any propaganda, advertising or promotional activity of any kind which has for . . . any part of its purpose the support, endorsement, advancement, opposition or defeat of any strike, lockout, or boycott of any political, religious, sociological (sic), or economic movement, activity or program."

Stone's letter went on to say:

"Under the statute and the general limitations upon the University engaging in political activity, recognized University organizations may not, as such organizations, take positions on political and related controversies, such as Proposition C. Nor may they use University facilities for meetings designed to solicit support for or opposition to such a proposition. Therefore I cannot approve your request made on behalf of Slate which is one of our University recognized student organizations. Students in their individual capacities or as members of groups not recognized by the University are, of course, free to engage in political activity off the campus."1

(This statement of policy might be compared with the events cited in, e.g., the appendices on the Kerr Directives and on Patterns Of ASUC Activity, as well as Appendix B, to indicate why the contradictions and inconsistencies of the Administration's applications of its policies perturbed the students and led to the events which followed.)

       On March 10, the Daily Californian reported:

"Dave Armor rep-at-large and former vice-chairman of Slate, told the Daily Cal yesterday that it seemed to him that 'this ruling is just another way of preventing students from speaking freely on issues that concern them . . . Proposition C is not an issue remote from the students on this campus; on the contrary, it affects all minority group students and faculty who attend the University. It seems ironic that there was no hesitation when it came to actively supporting Proposition 3 [a bond issue for the University] in the state election.' "

Slate next scheduled a noon meeting to protest the ban. Cindy Lembcke was again called in to see Dean Stone and told that this meeting too could not be held. She reported this to the Daily Californian and on March 11, 1959 they wrote:

" . . . Stone prohibited the meeting on the grounds that 'it is not of general student concern,' according to Slate chairman Cindy Lembcke . . . Among other steps taken the Slate committee drafted a telegram which was sent to President Clark Kerr and to the Chairman of the Board of Regents, Donald McLaughlin. The text of the telegram is as follows.

       "'This morning Dean Hurford E. Stone arbitrarily refused to grant Slate a permit for an outside meeting to discuss Dr. Sheriff's recent ruling concerning activities of recognized student organizations.

       "'This refusal relates not to the discussion of non-campus issues, but to the right of student organizations to discuss University policy in reference to student organizations.

       "'This would appear to be in contradiction to Dr. Sheriff's recent ruling, concerning the nature of those topics which may be discussed by a recognized student organization. Knowing your concern with such civil-libertarian issues, your opinion and action is respectfully requested.' "

       The American Civil Liberties Union also became interested in the dispute. On March 12, 1959, the Daily Cal reported:

"The American Civil Liberties Union is stepping into the current dispute over the banning of a Slate rally in support of Proposition C.

       "Ernest Besig, Executive Director of the ACLU, Northern California branch, told the Daily Californian yesterday that his organization has sent a letter to Chancellor Seaborg requesting clarification of the situation.

       "Specifically, the ACLU is asking whether Dean Stone, in banning the rally under a section of the State Code, based his decision on any legal opinion. If so, the ACLU has asked for a copy of the opinion.

       "Secondly, the ACLU has asked the Chancellor if Dean Stone's action had the Chancellors' approval and backing.

       "Besig expressed the opinion that the Educational Code provision cited by Stone in his ruling had no bearing in this case and that Stone's interpretation of the provision was a 'tortured' one.

       "Besig goes on 'There was never any intention, when the statute was passed, that it should apply in a case like this,' Besig said. The legislators had in mind the use of the name 'University' by the YMCA,' he said. After passage of the statute, the local YMCA had to change its name . . . ."

       According to Ken Cloke, Slate decided to hold the rally with or without Dean Stone's approval. The following events were described by Ken Cloke. The rally was held at the Oak tree and at Sather Gate. Roughly 300 people spoke there although they knew that the rally had been prohibited by the Administration. About a week later, some of the leaders of Slate and same of the persons who spoke at the rally were called before the Student-Faculty committee on Student Conduct. The Committee hearings are private. Nevertheless, approximately 500 students went to the hearings and said that they too had spoken at the rally and that whatever action was taken against some must be taken against all. The committee discontinued its hearings and no further measures were taken against the students who spoke.

       -- David Root, Graduate, Mathematics
            (with Kenneth Cloke, Boalt Hall)

       1. Stone's letter from the files of Aryay Lenske


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