The Daily Northwestern — February 5th, 2024

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The Daily Northwestern Monday, February 5, 2024

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Petition calls on SPC to drop criminal complaint By SAMANTHA POWERS and JACOB WENDLER

daily senior staffers @sqpowers04 / @jacob_wendler

Eighty-nine student organizations, faculty and Northwestern community members signed a letter to the editor published by North by Northwestern Friday calling on Students Publishing Company — The Daily Northwestern’s parent company — to drop a criminal complaint against two Black students connected to the distribution of imitated front pages of The Daily. The students were charged in November with theft of advertising services — a Class A misdemeanor in Illinois — by the Cook County State’s Attorney Office in relation to their alleged involvement in the incident after a representative with SPC filed the complaint with University Police. SPC is a non-profit organization governed by a board of directors composed of Northwestern alumni, faculty, staff, affiliates and student volunteers. The board does not interfere with editorial decisions made by Daily staffers. The company’s main functions include managing donations from alumni, soliciting advertisements and overseeing the newsroom’s budget. The charge carries a maximum sentence of one year in jail and a fine of up to $2,500. Under Illinois law, the

state’s attorney has sole prosecutorial discretion to bring or dismiss criminal charges. Title III, Part C, Article 16 of the Illinois Criminal Code of 2021 defines theft of advertising services as an incident in which an individual “knowingly attaches or inserts an unauthorized advertisement in a newspaper or periodical, and redistributes it to the public or has the intent to redistribute it to the public.” The statute does not apply if the publisher or distributor of the newspaper consents to the attachment or insertion of the advertisement or if the individual has a contract with the publisher. The letter calls the charge a “gross overcharge” symptomatic of the over-policing of Black students on campus. “This situation is yet another instance of a widespread effort to silence pro-Palestinian voices, disproportionately impacting people of color,” the letter reads. Its signees include student organizations including NU’s chapter of Students for Justice in Palestine, Jewish Wildcats for Ceasefire, the Middle Eastern North African Student Association and NU’s newly formed chapter of Educators for Justice in Palestine. It also includes faculty from Black studies, political science, Middle East and North African studies, and several other departments. The letter also criticizes the behavior of University

Police, alleging that their conduct in the investigation — leaving a note under the door of one student’s home and stopping the second student at their classroom door — caused the two students “undue emotional distress.” “The Students Publishing Company, independent publisher of The Daily Northwestern, pursued a criminal complaint related to the publication of the ‘fake Daily’ this fall,” University spokesperson Jon Yates told The Daily. “As required by law, University Police pursued a criminal investigation, which led to a citation for violating state law that was issued to multiple students. Those criminal proceedings are pending.” Yates did not respond to allegations against University Police made in the letter. The letter also called on staffers of The Daily to urge SPC to drop the charges. It also asked all members of the NU community to sign a petition pressuring administration to “do more to protect Palestinian and pro-Palestinian voices” and to urge SPC to drop the charges against the two students. As of Sunday evening, the petition had received over 5,500 signatures. “Staffers at The Daily Northwestern did not initially report this incident,” said Medill junior Avani Kalra, The Daily’s editor-in-chief. “Our staff is committed to reporting fairly and accurately on our campus and is not

involved in any current legal proceedings.” The imitated front pages, distributed in October, featured a photo of doctors surrounded by deceased civilians at the Al-Ahli Baptist Hospital in Gaza and a headline that read “Northwestern complicit in genocide of Palestinians.” The pages also imitated The Daily’s formatting and included a nameplate that read “The Northwestern Daily” in a font resembling The Daily’s masthead. The papers were wrapped around copies of The Daily’s print paper in on-campus newsstands in more than a dozen buildings, pinned to the community posting board in Norris University Center and placed on desks in academic buildings like the Technological Institute. Since October, Israel’s continued ground and air offensive in the Gaza Strip has killed over 27,000 Palestinians, according to Palestinian officials. The militant group Hamas’ Oct. 7 attack on Israel killed about 1,200 Israelis, according to Israeli officials. SPC Chair John Byrne declined to comment on the letter Friday, referring to the Board of Directors’ initial statement in response to the tampering of The Daily’s papers. In an editorial published Oct. 26, The Daily’s editorial board emphasized its independence from SPC. samanthapowers2026@u.northwestern.edu jacobwendler2025@u.northwestern.edu

Edit board objects to prosecution SPC responds to letter and petition In a letter to the editor published in student magazine North by Northwestern on Friday, 89 student organizations, faculty and other Northwestern affiliates called on Students Publishing Company to drop charges against two Black students implicated in the false front pages placed onto copies of The Daily Northwestern’s Oct. 23, 2023 print paper. As of Sunday night, over 5,500 people have signed a petition urging the same. After SPC — The Daily’s parent company — reported the incident to University Police, the Cook County State’s Attorney’s Office charged two Northwestern students with theft of advertising services in November. This charge is a Class A misdemeanor in Illinois and carries a maximum sentence of one year in jail and a fine of up to $2,500. While the students’ alleged actions may violate Illinois law,

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SPC’s decision to engage the criminal justice system during this investigation was unnecessary and harmful. As the editorial board, we have outlined our concerns with SPC’s course of action and asked the board of directors to submit a formal recommendation to the Cook County State’s Attorney’s Office requesting that charges against the two students be dismissed. Neither SPC nor The Daily has the authority to bring or dismiss criminal charges against any person — that decision lies with the state’s attorney’s office. However, the editorial board hopes that if SPC notifies the office that it no longer has an interest in seeing the students prosecuted, the prosecutor will likely drop the charges. Specifically, the act of attaching imitation papers to The Daily’s print paper without a contract can be seen as theft of paid advertising space under Illinois law

–– regardless of their content or status as protected speech under the First Amendment. The Daily did not authorize the copies nor their content. We object to tampering with The Daily, and we acknowledge that the imitated front pages damaged our relationships with community members. Our publication remains committed to free expression and sharing stories with accuracy, nuance and precision. Despite these objections, the editorial board cannot support the criminal prosecution of our peers. Our newspaper has always prided itself on its commitment to informing and supporting students, and we believe our publisher should play no part in perpetrating harm against the communities we aim to serve. Our University and community — along with the American policing and justice system as

a whole — has a long history of placing people of color in harm’s way. As a publication that strives to unearth these injustices through our reporting, we remain wholeheartedly opposed to any course of action that would entwine our publication with this harmful legacy. We hope this situation invites reflection about the impacts that people, particularly people of color, may face as a result of decisions that involve the police. Making that call or filing a complaint demands extraordinary thought and consideration beyond an action’s legality. This piece represents the majority opinion of the editorial board of The Daily Northwestern. The views expressed in this piece do not necessarily reflect the views of all staff members or editorial board members of The Daily Northwestern.

Last October, approximately 300 copies of The Daily Northwestern were tampered with — a fake front page was wrapped around copies of the actual Daily Northwestern newspaper in a dozen locations on campus. This act of vandalism interfered with the rights of student journalists to publish and distribute their work. The board of Students Publishing Company, the publisher of The Daily Northwestern, reported the incident to campus police. The content of the fake front page had no bearing on this decision. This is not an issue of speech or parody. A fake newspaper distributed on its own, apart from The Daily Northwestern, would cause no concern. But

tampering with the distribution of a student newspaper is impermissible conduct. The State’s Attorney ’s Office charged two individuals with theft of advertising services for attaching the fake front page to hundreds of copies of The Daily without our consent. Any charging decision is made by the State’s Attorney alone. As a private entity, SPC cannot bring or drop charges. All individuals have a right to express their opinions on issues that matter to them. But just as you cannot take over the airwaves of a TV station or the website of a publication, you also cannot disrupt the distribution of a student newspaper.

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