The Telescope 26.31

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Editor discusses freedom of press By Marji Nieuwsma "I consider myself an absolutist regardi ng the Consti tution of the United States. In other wo r ds, this doc ume nt says there s hall be NO l aw abridging the freedom of t he press, and we should abide by that s tatement." Ron Ke nney, editor of the Esco ndido Daily T imes - Advocate, thus adamantly expressed his views in a recent interview about one of the most controversial topics in America today- - the freedom of the press . Havi ng been active in the journalism profession for 21 years, and editor of t he Escondido paper for eight years, Kenney Is c losely involved with an occupation that has p r oduced such debatable figu r es as Bill Farr. "It is an unwritten law of society that doctors, l awyers, and priests a re allowed to keep information confidential that has been given to them within the practice of their profession,~ dec la red Kenney. "In Farr's case, he became a civil pri soner in solitary confinement for some 46 days simply because he r e fused to speak along the lines the judge asked him to.

"The Constitution guarantees freedom of the press, and included in that is the r ight of a reporter not to reveal his sources . We would have no news ifsources had to be exposed- - they would all dry up,' said Kenney emphaticall y. When asked what he wou ld have done if he has been placed in Bill Farr's position, Kenney paused. "I don't know," he replied. ' I really don 't know. I'd ·like to th ink that I would have done the same, but it took a lot of courage for him to stand up like he did. However. if he had revea led his sources, he would have been rendered useless in his profession , and tre ated as an outcas t --a leper.~

reality regulating the lives of the people ," expounded the journalist. "One s hould be entitled to gather and report news as he sees fit, within the bounds of the Constitution and civil law." Much publicity has been given to the re lationship between the Nixon admi nistration and the p ress. specifically the actions of Vice- President Agnew. Although not denying Agnew "the r ight to be a critic ," Kenney charged that, through its comments, "the administration is attempting to veil a threat that if the press doesn't come in line with what the president thinks, there will be reper-

Kenney refe rred to the Farr case as a "victimless crime," des cribing it as "an action against a non- action." Citing an example of someone attacking another person with a club, he pointed out the protection of the government by sending the assa ilant to jail. "But," puzzled Kenney. "if you refuse to tes tify on the stand, the law says you can be put in jail for a year, even though you were the person who was attacked.

The editor pointed out the Caldwell case, a recent Supreme Court ruling r egarding grand jury appearances by the pres s, as an example of new decisions resulting from Nixon policy. "Unfortunately, oftentimes the Constitution means what five justices say it means . In this instance . a 5-4 decision, it was declared that reporters are required to testify before a grand jury,~ expressed Kenney.

Why?

Simply for refusing to testify.

"If you regulate the press, you are in

cuss i ons.~

THE TELESCOPE Palomar College · Volume 26 Number 31 · A Publication of the Associated Students

Typicall y, when freedom of the press is mentioned, it is usually in association with the major newspapers of this country such as the New York Times or the Was hington Post. However , the Escondido Daily- Times Advocate , a "small town" paper with a circulation of 27,000. has not been without its problems and issues . Recently the paper was upheld in a suit against the city of Escondido in regard to the Brown Act. This act states that secre t m eetings by the state can be held only to discuss personnel, pending litigation, or wage negotiations. "One of our reporters was barred fr om attending a Cable TV rate advisory committee m ee ting.~ stated Kenney,"as was the general public . Seeing the conflict with the provisions given in the Brown Act, we took it to court against the city and won." The Daily-Times Advocate has not yet been brought to court in a libel suit. "It is a policy of this paper that any error in fact, judgment or quotation by a reporte r in a story, will have a retraction or correction printed in approximately the same spot on the page within 10 days after original publication," outlined the editor. A prime example of a required retraction occured some yea rs ago during the administration of Dwight D. Eisenhower . "One of our reporters hear d a radio-

news br oadcast in whic h ·Congr essm a n John Rousse lot Infer r ed that P r esident E isenhower s hould be treated as a Communist, " r elated Kenney. "Unfor tunate ly for us , the radio br oadcaster was in e r ror, and the s tor y the r eporter had written on what he heard had to be retrac ted at the request of the congressman." Kenney said that the Escondido paper has not been directly affected at all by recent press r ulings . "However , "he emphasized, "we have an interes t in free dom of the press, and we will defend that freedom . Public officials in Escondido may have become awar e of the r ulings, and the r efore, may nothavebeenaswilling to contr ibute info r mation to us, but. this change , if existent, has not been noticable." A Palomar graduate, Kenney started out as a sports writer at the Advocate, and now, as editor, has the responsibility to oversee day-to-day operation of the newsroom, maintain control of the editorial page, and select editorial columnists. A conscientious and dedicated professional , Ron Kenney hopes to continue to present to the peopl e of North County a paper that conta ins "factual , substantial , honest, and objective material.~

In so doing, he will have cont ributed to the strength of the free dom of the press.

Local photographers triumph in competition

Area journalists will explain media career opportunities

Photography students from Palomar took three out of five awards in black and white photography in competition at Anaheim last weekend. Jack Yon took first place and was awarded honorable m ention. Cam Essary was awarded honorable m ention. Palomar students had 25 of their prints displayed among the 90 prints selected for hanging from the 500 prints entered from 11 western states . This was 28 percent of the total show hanging.

Career possibilities in journalism and related fields will be detailed for high school and college students at a workshop scheduled from 9:30 a.m. to 3 p .m. tomorrow. Theme of the day's program will be "Freedom of the Press.~ James S. McNutt, chairman of the college communications department, said, "The purpose of the conference is not only to acquaint students of this area with Palomar's programs in journalism, graphic arts and communications , but also to give them a better understanding of the vital importance the communications media play in today's world." He said that in addition to staff members . in those departments, professionals who will participate in the· program includ e Carlton Appleby, publisher of the Escondido Daily Times Advocate; Bruce Dillon, editor of the Encinitas Coast Dispatch, a nd Richard Pollard, former photo editor of Life Magazine. McNutt said the session will also deal with current threats to media freedoms, and discuss the problems,

In the final judging Palomar had four out of six prints in consideration. Students hanging includ ed Yon and Ray Payne, three prints each; Peter Koeleman, Doug Ison, Jenny Knudson, Fred Johnson, Judy Jobe, two prints each; Dave Young, Sharon Kilgore, Gr eg Snider, Don Bonnet, Helen Vita, Tim Beals, Bob Heer, Cal Evans and Ess ary, one print each. All are students in various classes supervised by Tom Young. . In ad dition, in another contest over the weekend, Essary received honorable m e ntion in East Los Angeles Cit y College photo competition in the Color Special Techniques Division.

Ceramics sale here Thursday Flute soloist featured by Community Orchestra Gallery shows last of series

James McNutt, chairman of tomorrow's Communication Day, rests after completing prepar ations for the day's events.

Student-mad e ceramic objects Included in the 2.000 art items to be sold here Thursday through Saturday are all prod uced with high-fire non-leadbeari ng and non- poisonous gla zes. Val Sanders, a r t faculty member, said yes terday.

He also po inted out that the Raku pott e r y pieces in the sale are glazed with non-lead bearing chemicals. Sanders said those planning to visit the sale may see a preview of some of t he works now in the display cases adjacent to the art building. T he thre e -day annual spring sale will feature a great variety of the student's art and ceramic works . and is sponsored by the college art guild . Another attraction at the event, which will run from 9 a.m. to 10 p.m. each of the th ree days, w!ll be demonstrations in jewelry maki ng. ceramics. weaving. and other art processes .

Works of Beethoven, Mendelssohn and Sibelius will be performed by the Palomar Community Orchestra, di r ected by Lois Miers, in a concert in room C- 6 at 3 p.m . May 13. Nina Schulman, Vista, flute soloist, will be featured with the orchestra in the Alle r go movement of the Mozart F lute Concerto in D for flute and orchestra.

Director gives talk Bradford Warner, Tel evision Program Director, KPBS, will address Introduction to Rad io and Television at 1 p.m. in F -23 and TV Product ion and Direction at 2 p.m. in F - 23 tomorrow. Both c lass meetings are open to all students.

Five painti ngs by Mel Casas are now on displ ay in the Dwight Boehm Gallery Room B. Casas has had paintings in a l arge number of s hows and has had six one man s hows . He attended the Texas Wes te rn College and the University of the Ame r icas in Mexico City. Casas is also a book reviewer for "Choice Magazine: A Publication for the Association of Colleges and Research Libraries . " The painting display will remain in the gallery until May 18 and the prints displ ay until May 15. These are t he last entries in the one - man s how series.

JAILED 46 DAYS FOR SHIELDING SOURCE

Farr press battle related By Diane Marland "I was following the code of any good reporter when I decided I had to go to jail rather than reveal the source s of a story I wrote during the Charles Manson murder trial." wr ote Bill Farr. a Los Angeles Times reporter. Farr was sent to county jail last November by Superior Court Judge Charles Older for refusi ng a court order to name confidential news sources. His re lease was ordered 46 days later by U.S. Supreme Court Justice William 0 . Douglas while the case is appealed. The controversy which has evolved since Farr's case opened has resulted in a tremendous issue between the courts and the news media. Its outcome will affect reporters' rights, judiciary control, and most importantly, the information the general public will received in any published source. The Manson trial was in progress on October 8, 1970, when Judge Older first learned Far r had obtained a statement given by Virginia Grahal!;l regarding conversations with her cellmate, Susan Atkins, on€0 of the Manson codefe ndants. Miss Atkins had claimed the "famil y" had an additional series of

killings planned to victimize several famous movie actors and actresses. In an in-chamber meeting. Older conceded to Farr that he could r efuse to tell where he had obtained Mrs. Graham's statement since he was protected by California Shield Laws , Section 1070. This portion of the State Evidence Code gives reporters the legal right to protect their sources. Older confirmed to Farr that he would not be judged in contempt of court for refusal to disclose his sources. With this inform ation. Farr's story of Mrs . Graham's statement appeared in the Herald Examiner the next day. There were no immediate proceedings Initiated to learn of Farr's sources. This wou ld come later. It has since been stated, after publication of the story, by Older and other s that Farr was warned that he did not have the legal rights to protect his sources. Farr had gone ahead with the publication of the article because he had relied on Older's own interpretation of his rights as granted in Section 1070.

Seven months

later, Older learned

that Farr had stopped being a reporter and was serving as a press secretary to District Attorney Joseph Busch. The Manson trial had ended over a month before. Farr was served with an orde r to show cause why he shouldn't be compelled to answer questions about his sources. The fact most significant at this time was that Farr was no longer a reporter. During the three hearings preceeding F arr's contempt- of- court conviction, the only issue put forward by the judge was the claim that Farr's legal privilege to protect his sources had evaporated when he left the journalism profession . But the crucial issue in question was raised when the case we nt on to appeal. The issue was shifted by Justice Robert Thompson of the California Court of Appeal when he did not confro nt the fact of whether or not the privilege was still in effect. Thompson uphe ld Farr's conviction by dec laring Section 1070 as an unconstitutional interference with a judge's right to control proceedings in his own court. Farr · had pr oceeded with the article (Conti nued on Page 2)

Student Help Center plans rap sessions In an effort to bring people together to share thoughts, the Student Help Center is beginning a regular series of topic - oriented rap sessions. The first of the informal sessions, called "Male and Female Relations hips" is scheduled tomorrow at 11 a.m. in the center's headquarters in R - 3. All interested students are encouraged to attend . Other topics this semester include "The Changing Identity of Mature Women," ''Becoming Acquainted With Blacks~ and "Unwed Mothers." "Each worker in the center is developing a subject for discussion,~ coord inator Jerry Calhoun said . "Also, other students can suggest topics for later sessions.~ Bulletins will be distributed regularly to students announcing current topics of the sessions .

Veterans' meeting scheduled Thursday All veterans are strongly encouraged to attend a Veterans' Club meeting this Thursday at 11 a.m. in ES - 19. Angelo Carli , coordinator ofveterans' education stated that the purpose of the meeting was to elect officers and establish club policy. In emphasizing the importance of the c lub to student veterans, Carli pointed out that "the veteran today can be most influential in influencing legislation affecting his benefits . "The greatest influence can be generated by a group r ather than an individual. A well - supported Palomar College Veterans' Club is in the best interests of all campus vets . ' '

techniques , and skills required in each area of profession. progr am will begin at 9:30 T he a.m., and includ e a general session. showing of a film. "Graphic Communication," round-table session, workshops, and tour of campus departments of journalism, gr aphic arts and photography.

Students receive $1000 in awards Scholarships totaling $1,000 we r e awarded to 10 area high school s tud ents who won first places in the college ' s 16th annual Honors Day competition May 3. The stud ents competed in 10 categories of subjects in a day-long series of tests and dem onstrations. Winners were an nounced at the Honors Day Banquet that evening, where the speakers inc luded Dr. F r ederick R. Huber , college president , and Dr. Kent E. Backart, Honors Day chairman. Each first-p l ace winner rece ived a $100 Palomar scholarship. The c ategories of all c ompetition , donor s of awards, and the fir st, second and third place winners and their high school s ar e : Art (Patrons of Palomar): Da r cy Baker, San Dieguito; James Ke lley, Or ange Glen; Leann Aldrin, Fallbrook. Biological Science (Patrons of Palomar): Susan Keller, Orange Glen; Janet Gilbert , Vista; Tim Ogden, Vista. Business Administration (Fallbrook Rotary Club): Coble Deraadt, Escondido ; Renee Majeski, Vista; Michele Kolb, Or ange Glen. Foreign Language (Vista Rotary Club): Leticia Rivera, San Marcos; Cynthia Casillas, Vista; Margaret Smiley, Vis ta. Journalism (Lake San Marcos Woman's Club): Diane Slezak, Orange Glen; Dan Bonner, San Marcos; Sherry Eaton, Orange Glen. Mathematics (Escond ido Rotary Club): Fred Lundquist, Vista; Barbara Johnson, Orange Glen; Jeff Hage n , Escondido. Music (Philharmonic Artists Assoc. Auxiliary- Howard R. Bru.beck): Debbie Lemley, Escond ido; Jill Cristman, San Marcos; Barbara Mitchell , Vista. Physical Science (Patrons of Palomar): Bruce Johnson, Orange Glen; Gary Munson, Orange Glen ; Aaron McCracke n, Orange Glen. Secretarial Science (Associated Stu_dent Government): Jacqueli ne Delpy, Vista; Gina Jensen, Vis t a; Brooke Wills , Fallbrook. Speech ( Escondido Kiwanis Club) : Jackie Haight, Orange Gle n; Vicki Young, Escondido; Bari Wood, Fallbrook.

Webb voted honors Mrs. Betty Webb, Encinitas, chairman of the English Department, has been selected for listing in the 1973 edition of " Outstanding Educators of America. " The publishers' announcement in Washi ngton, said those selected fo r· the new award volume were nominated earlier this year by their college adminis trators, based on "except ional academic achievements and civic contributions. ' '


EDITORIAL

Courts debate on reporters' source rights

Newspapers in peril Many people tend to ignore the current issue of freedom of the press, seeing it as a fight between the news media and the government, a fight which does not intimately concern the public. This point of view is a long way from the truth. In actuality, the battle is not so much between the press and the government as it is between the people's right to know and the government's right to suppres s . Therefore, basic to any understanding of the freedom of the press issue is the knowledge that the public, not the news media, is most hurt when information is withheld and freedom of the press Is challenged. The policies of the Nixon admi ni stration have never favored the press. Thus, these policies have shown disfavor to the people 's right to know what goes on behind too-often-closed government doors. Beginning with Spiro Agnew's bombardments and accusations in 19 69 and continuing right through to the present, the current ad ministration seems to have taken the the som ewhat ironical view that the people need to he protected from the truth. Accusations that the news media present a distorted image to the public are used to justify the class ifi cation of official documents, the arrests of r eporters who refuse to name controvers ial sources, and the withhold ing of government information . These accusations are at best a rather poor justific ation for restricting the flow of

information to the press , and through it to the public. It goes without saying that elements of disrepute occur in the news media, just as they do in any business or trade in this country--includi ng the government. But the admi ni stration's claim that the press "distorts the truth~ avoids the main issue, and is not any reason for the reporting activities of the news media to be so closely supervised. Thi s administration has not proved itself famous for its openness or for Its willingness to let the public know what it is dv.11g. Rather, it has shown itself infamous for the opposite. If a curb were to he put on the press, it could hardly be assumed that the adm ini s tr ation would bli thely assume the role of telling all that it is doing. Who would be left to uncover the Watergate and ITT scandals, to report the bombing in Asia and the budget cuts at home ? The press serves a very important function in this country: it serves as a watchdog as well as a source of information. And if the watchdog is muzzled, who is going to make any noise? In the words of the Los Angeles Times, a champion of press freedom , the stakes of th e battle between the people and the government, in which the press serves as a mediator, are high. "They (the stakes) are no less than the right of Americans to govern themselves . A people deprived of information become the subjects, not the rulers, of their government. n

EDITORIAL

Press credibility revisited By Bruce Dillon (Edito r 's note: Mr. Dillon is editorof the Encinitas Coast- Dispatch and will be a key speaker at tomorrow's Communications Day .) Watergate has he lped restore press credibility. The incredible events of Watergate, which continue to unfold daily, were bei ng reported in thi s nation's press long before government officials would fess up to r esponsib ility. Nixon's press secretary, Ron Ziegler (who curre ntl y Is In sec lu sion licking his wou nd s) called newspapers in this country "irresponsible," "inaccurate," "participants In shoddy journalism." He was r efe rring to stories on Watergate, mainly in the Washington Post, which r e fl ected high admi nistration involvement In Watergate. "Shoddy journalism" turned out to be factua l information. The administration hatc he t joh on the press is beginning to fold under the pressure of truth. We hear much about the irresponsible press, but the Watergate affair helps to once agai n bring into focus the need for people to have access to a well -informed press. which is the watchdog on government for the people. And while the gory details of Watergate aren 't ple as ant to the admi nistration or the American people. the case helps restore press credibility in the eyes of the people. Reporters and editors were thrown into jail in azi Germany for printing truth about government activl ties. The same is true in Cuba. Japan, almos t any othe r countr y that could be named. And now, of course. newsmen are be-

THE TELESCOPE Published on Tuesday and Friday of each sc hool week. except during final examinations or holid ays . by the Communications Depa rtment of Palomar College. San Marcos. California. 92069 . Phone: 744-1150, Ex t. 306. Adve rtising rates are $1.50 per column inch. Opinions expressed in s igned editorials and articles are the views of the writers and do not necessarily represent opinions of the staff. views of the Assoc iated Student Body Council, College ad ministration . or the Board of Gove rnors. The TELESCOPE invites responsible "guest editorials" or lette rstotheed itor All communications must be signed by the author, includingi.D. number. Names will be withhe ld upon request. Letters may be submitted to the TELESCOPE editori al office , R- 4. Editor- in- Chief . . . . . Tom Peterson Page 1 Editor, Tuesday . . Mike LaBonne Page r' Editor, Friday . . . . Glae Thien Edi tor ial Editor . . . . . Katie Hoadley Sports Editors . . . . Steve Lyon, Leeayn Chapman Reporters . . . . . Diane Marl and, Marji Nieuwsma, Stella Willcox Staff Cartoonist . .. . . .. Nick Petrosino Journalism Advisor . .. . . Fred Wilhelm Photography Advisor . . . . . Tom Young Graphic Arts Advisor ...... Jim McNutt

ing thrown into jail in this country for telling the tru th about government and refusi ng to te ll where they found that truth. The truth is enough, the source of that truth isn ' t necessar y in news stories. If the source were revealed, the source would be fired, harrassed , or otherwise made to dry up on future stories. So, now that press credibility is back in the minds of most Americans, let us once again rem ember that a government wi thout a pres s is a dictatorst.ip. A p ress wi thout government interference is true America.

Bill Farr, Los Angeles Times reporter, was not the first to be jailed for protecting his sources under his ri ghts as a reporter. Peter Bridge, a New Jersey· reporter, was the first news man to be imprisoned following a historic 5-4 ruling by the U.S. Supreme Court l ast June. The Supreme Court ruled that no journalist is guaranteed constitutional protection against having to reveal his or her confidential sources of information before a grand jury. Newsmen and women are now unable to rely on the First Amendment for protection. Twenty- four other newsmen have been jailed under like circumstances duri ng the last two years. Wrongdoing Uncovered

·'

LA newswriter's case explained (Continued from First Page) on the basis of what he understood the law to be at the time as interpreted to him by Older. How was he to anticipate this interpretation of the law at the time the story was published ? On the advice of his attorney, Farr conceded that two of the persons who had given the Graham statement to him were among the six attorneys of record still a live. His attorney felt it had to be said so Farr would not be convicted as the "only avenue of evidence." This had further complicated the matter to that of perjury of the unnamed attorneys who turned over the statement to Farr and

\\IN conformity with the interests of the working

people .. . the citizens

are guaranteed by law: (a ) freedom of speech; (b) freedom of the press; (c) freedom of assembly, including the holding of mass meetings ; (d ) freedom of street processions and demonstrations . "These civil rights are ensured by placing at the disposal of the working people and their organizations .printing presses, stocks of paper, publi~ buildings, the streets, communications facilities and other material requisites for the exercise of these rights."

subsequently denied doing so under oath. All six attorneys of record waived any confidentiality with Farr at the last hearing befor e his conviction. But Farr said he was privately asked by the two attorneys in question to disconside r the courtroom waiver and uphold his right of silence. For "protecting perjurers" and "condoning this affront to the court ," Farr was jailed . Still, Farr felt he must abide by the ethics of hi s job in keeping his promise of confidentiality to the attorneys . Farr Is faced by legal and mo ral issues but he continues to uphold his promise of confidentiality as a reporter . Since his re lease from jail, Farr has been reassigned on criminal case hearings by the Los Angeles Times. Between assignments, he travels across country to speak on the still unsolved issue. His case is presently befor e the Ninth Federal Circuit Courth of Appeals in Los Angeles. "What I sincerely hope is that the controversy swirling around my head will not result in an irreconciliable pol arization between the judiciary and the news media," says Farr. "Despite what has befallen me , I believe that the issue need not be freedom of the press versus fair trial. The connective word can be 'and' instead of 'versus'."

Peter Bridge was called before a jury not because he had uncovered some information of wrongdoings that would affect the trial. He was called to the stand because he had quoted a public official as saying s he had been offered a bribe. "I did not report what s he did," states Bridge. "I reported what s he said." The story he wrote with this p articular quote led to his going to jail, by his refusal to cooperate with the jury questions as to his sources of information. If a reporter has no right to protect his sources, thos e sou rces are not as willing to give him bits of information that he uses in his stories . T he reporter doesn 't suffer; he'll still be on the payroll. The public loses, because all the information that ought to be available to them no longer is. The reporter is not able to do his job as the seeker and interpreter of the news. Epidemic Seen There seems to be an epidemic sweeping the country, trying to cripple the free press. John Lawrence, Times Was hington bureau chief, was jailed when he refused to surrender tape recordings to US District Judge John J. Sirica in Was hington. A Tennessee broadcaster, Harry Tho rnton , was jailed for refusing to tell a county grand jury the identity of a caller whose voice was aired on Thornton's show. The source, allegedly a membe r of the grand jury, told Thornton that the jury had "whitewashed" a case involving a former city judge. Contempt Charged In Maryland, David Lightman, for the Baltimor e Evening Sun, was charged with contempt of cour t for r efusing to tell a county grand jury the identity of a sales clerk who offe r ed to sell him marijuana. Court ac tions are now trying to decide when a journalist has the right to refuse to disclose his confidential news sources. Appeals on press cases involving confidential news sources are developing into fights between judiciary control and press freedom. But until the courts have c leared all journalists and given them the r ights of confidentiality, reporters will be hesitant to reveal the information that the public has the right to know.

- -Constitution of the Union of Soviet Socialist Republics, Article 125

.

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