Friday, September 10, 1999

THE POST

Athens, Ohio * An Independent Daily Newspaper * Ohio University
Court wrong in decision
THE POST

Since grade school, people learn not to judge a book by its cover. But some Kentucky State University officials failed to grasp this concept.

Wednesday, the Sixth Circuit Court of Appeals in Cincinnati upheld the censorship and confiscation of 2,000 copies of the 1994 Thorobred - KSU's student yearbook. Officials responsible for this action cited reasons such as the book having "poor quality" and a purple cover, which is not the school's color.

This is a troubling and misguided court decision based on equally troubling and misguided logic.

The court said the KSU yearbook is not a public forum and, therefore, is subject to review by the university. But this is wrong. Based on Supreme Court precedent, a publication - such as the Thorobred - that is produced by students, for students, is a type of public forum. The Thorobred displays the yearbook writers' work to students who pay for yearbooks automatically through their tuition.

University censorship of a public forum is a blatant violation of the First Amendment's guarantee to free speech. The decision allows universities to unfairly regulate what can and cannot be published. Quite simply, the decision inhibits student expression.

Everyone is entitled to free speech, including students who represent the university in print. What message is the university trying to send by restricting a publication their students create and purchase?

This case should not end here. Steps should be taken to make sure it is brought to the U.S. Supreme Court for further consideration. There are more than yearbooks at risk here. This court decision endangers college students' rights to speak freely.

Go beyond law and order
THE POST

The Illinois judicial system locked away almost two decades of Anthony Porter's life - almost killed him - for a crime he didn't commit.

Porter was sentenced to death row for the 1982 murders of Marilyn Green and Jerry Hilliard near a Chicago swimming pool. But the state finally incarcerated the real killer when a judge sentenced Alstory Simon on Tuesday to 37 years in prison for the crime.

Simon's confession ended a long, painful chapter in Porter's life. The confession should send shockwaves of shame and reform through the Illinois judicial system, where 11 death row inmates have been found innocent of their crimes and released since 1977.

Porter's release resulted from the efforts of a Northwestern University journalism class that examines what appear to be sloppy police investigations.

Professor David Protess and his students did what the legal system failed to do - they found the real killer. Working from trial records, students re-created the murder and determined it was impossible for the state's lead witness, William Taylor, to have seen the shooter as he testified.

Taylor later recanted his testimony, saying police intimidated him to identify Porter as the shooter. The students also found Simon's ex-wife, who said Simon told her he committed the murder. In the end, the students fulfilled the job of Porter's attorney - whose poor defense almost sent his innocent client to the lethal injection table.

Allegations of police wrongdoing will be investigated, police have said. But the real issue is Porter. What will the state do for him?

Porter might receive up to $140,000 in compensation. But the issue is not about money. The greatest priority is helping Porter re-enter society. Beyond that, counseling, job-training and educational services should be readily available to Porter.

Some good should arise from this unfortunate situation. Maybe a certain group of NU journalism graduates should apply for jobs in the Illinois judicial system.


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