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Monday. December 5, 1977
University Daily Kansan
UNIVERSITY DAILY KANSAN
Comment
Unsigned editorials represent the opinion of the Kansan editorial staff. Signed column represent only the views of the writers.
Press freedom shaken
The U.S. Constitution does not protect a news reporter from contempt charges if he refuses to disclose a source during a court proceeding. Kansas Court of Appeals is to be believed.
The appeals court last week denied a plea by Joe Pennington, a Wichita television reporter, to reverse just such a contempt conviction. The court judges asserted that under the federal Constitution, as well as the bill of rights to the Kansas Constitution, there is "no testimonial privilege for a news reporter to withhold testimony in a criminal proceeding nor is there such common law privilege."
The assertion is a highly disturbing one, not only for the news media but also for anybody who has had the time or inclination to examine the court's rationale in denying Pennington's appeal. Specifically, Pennington said he had been deprived of due process of law because he had been convicted without having had the right to trial by jury—a common law privilege in most criminal proceedings if ever one evolved during centuries of Anglo-Saxon jurisprudence.
THE RUB, however, is that "most" criminal proceedings historically have excluded contempt citations. E. Newton Vickers, the court court of Pennsylvania, had neglected Pennington for contempt, was therefore in the position of being Pennington's jury as well as his prosecutor.
The reporter's supposed crime was that he would not betray the confidence of a
person who gave him information relevant to a Topeka murder trial. Pennington got his information from a source who told him that an apparent murder victim received death threats three to four weeks before he was killed. The source, it appears, was taken by the victim, the man who allegedly made the threats and 10 to 20 other men.
What Pennington knows is, in itself, heart-say-secondhand information. What Wickers wants to do is force a journalist to do the leg work for the prosecution in the case.
PENNINGTON STILL has avenues of further appeal open, most probably to the Kansas Supreme Court. In the meantime, he is told that his reporting is not protected under the First Amendment. He stands to spend 60 days in jail if his conviction is upheld.
In all fairness to Pennington, he should not be incarcerated simply because several judges arbitrarily believe that the Sixth Amendment right to a fair trial somehow is more important than the First Amendment right to a free press. Judges might be wise to examine their own track record on contempt cases, such as the notable circus a few years back in the kangaroo court that tried the so-called "Chicago Seven."
Pennington says he is willing to go to jail rather than reveal his source. The statement is a brave one. Unfortunately, it should not have been necessary in the first place.
Somewhere on the congressional agenda, buried issues of abortion, energy and defense spending, is a bill that would ban the use of polygraph tests in government agencies and many government agencies.
The polygraph, or lie detector, is widely used to screen prospective employees and to test the honesty of individuals who are already employed by the industries, bureaus and offices in this country. As may as 6000 applicants may submit to lie detector tests this year as employers attempt to combat the problem of thefts by employes.
Authorities may—and do—disagree over the accuracy of polygraph results. But no one seems to dispute the alarmingly high costs that employee thefts impose upon the industry.
THE QUESTION seems to be whether the use of the polygraph violates the civil and constitutional rights of American workers. The American Civil Liberties Union, which opposes the lie detector law, accuses the abuse of the machine to pry into employees' personal lives and habits,
Trudy Hayden of the ACLU said that embarrassing questions are routinely asked. Employees of one company were asked, for example, how often they changed their underwear.
It's reports like this that are most disturbing to the observer. Employees have a problem, to use it and to solve it by using intimidation
Polygraphs test corporate tact
It's not the farmers who are being referred to, although their protests throughout the agricultural belt have shown that they are now an organized group to be reckoned with.
In a democracy full of diverse constituencies, a new group of voters is now visible—and the role that it plays in deem it worthy to take notice.
The new group that has Congress, President Jim Carter and even the American Medical Association, the American Bar Association (ABA) falling over themselves to court is a group (look carefully, behind the smoke) of pity tokens, the marijuana users.
Kansas should decriminalize pot
Dave Johnson
Editorial Writer
As one of his campaign pledges, Carter promised to support the decriminalization of marijuana use.
Apparently, supporting pot smokers is now as acceptable as smoking the stuff (discreetly, of course.)
NOW THE AMA and the ABA have joined the fray. In a mutual declaration last week, the two professional associations called for Congress to approve the bill.
In a Gallup Poll taken last
May, one out of every four adult Americans said they had used marijuana at least once, and more than half of those surveyed under the age of 30 had tried it.
Other surveys suggest that there are 13 million current users and three million daily users. And those numbers are growing. The police, haired, imply-faced adolescent who puffs up in secrecy. Pot smokers now include a cross-section of middle-class Americans, including doctors, news reporters and newspaper reporters.
PETER OURNE, a drug and health policy adviser for Carter, has said. When you go to the hospital, our highest medical and legal associations, it suggests there is an acceptance of change
Last year, the legislature killed a bill that would have eliminated criminal penalties for persons caught with less than $100 in their wallets. Most of the doubts focused on marijuana's possible harmful effects on health. If the word of the highest organ of the medical system were that America can't be trusted, then the Kansas Legislature trust?
enbghugus.isky.com
particularly the AMA-ABA endorsement should perk up some ears in the Kansas Legislature.
If the legislature passed a marijuana decriminalization bill, Kansas would join Oregon. If it passes, Minnesota or Iowa, Ohio, Minnesota and Mississippi as another state where users smoke pot at the more than a $200 fee in Maine and a $100 fine in the other states.
THE ENDORSEMENTS of the AMA and the ABA chip away even further at the expense of the fight against marijuana. But even if further medical studies indicate that marijuana usage is slightly harmful, incarcerating those caught with grass is not the cause.
Harsh penalties still are meted out in places like Wythweil, Va., where Roger T.Davis was sentenced to 40
Too many are ignorant about African situation
With reference to Jeff Smith's Nov. 14 letter, "South African blacks should be happy now," which has been convincingly refuted by three other letters of Nov. 17, 22 and Dec. 1, I would like to suggest that Smith be criticized with reservation. The only thing that Smith has done wrong is not appearing up to his appearance for his application; by writing on a subject of which he is totally a novice.
However, being from a hamlet such as Tonganoxie does not qualify one to be a novice in African politics, especially since Africa makes headlines nowadays.
It is not unusual to open the University timetable and find fewer than two courses in African politics or history.
To the editor:
Apelebiri Willako's response to my letter only reflects the current hypocritical judgment of Mr. Willako, an important I am simply appalled at
"And you'll find that our model gives you more value for your money. You'll get years more revenue under the most rigorous use."
Did the needle move that time? A little? Well, maybe he's nervous about being on television.
The moment of truth: "You'll always be happy you bought from us. That's why we have so many satisfied customers."
In fact, Smith's letter has generated such response that he needs to be congratulated for taking such an unpalatable stand. The person to criticize is Smith and he lacks knowledgeable in what's happening in South Africa today and have refused to educate the American public. There are thousands of Smiths on this campus who do not even know where Smith is located in the map or how to talk of such things as the political situation in Africa.
Victor Eno-obong Archibong Nigerian graduate student
Lord, give us minority rule To the editor
The polygraph needle veers off the paper. Another point for honesty.
Employe thefts are a serious problem to business. And businessman, no doubt, are concerned about working out a solution. But a practice that holds the potential to harass businessmen is not the answer and it
how anyone can ignore the tyranny that exists in Angola, Cambodia and other Communist countries in the world. Yet, virtually the same people who are ruthless regimes call South Africa an illegitimate government or the bloodiest regime on Earth.
I recently had the pleasure of meeting someone who stayed in South Africa during 1976. She stated that the Soweto death were nowhere near those figures the press congruded up.
Willapo also wrote how Western corporations were interested in making a profit in their business, but they present their presence. Not only the Western corporations, but also the black people of South Africa, as is shown in their books, are interested in any other blacks in Africa.
The polygraph needle jumps sharply. The stockholder votes the measure down by a sound margin.
THE UNIVERSITY DAILY
KANSAN
Published at the University of Kansas daily August June 16, 2015, Morning through Thursday during June and July morning. Exchanged at Lawrence, Kansas Second-class postage paid at Lawrence, Kan. $2 per postcard a year in Douglas County and $10 a semester or $2 a summer. $2 a semester, paid through the student activity fee. Editor Joseph Smith Publisher
Score one for honesty in business.
Another interesting use for the polygraph in the world of commerce could be in advertising.
years in prison in 1974 for a small sale of pot. A federal judge recently ordered Davis' release on the ground that the punishment was cruel and unusual.
Willapo stated he doesn't "doubt whether majority rule will be achieved." No one can honestly say majority rule has been achieved in Angola, Mozambique and Uganda, which receive $40 billion from African nations that have achieved "independence."
If Mississippi, the last state to legalize the sale of alcohol, can cotton to lessening the criminal penalties of marijuana, Kansas should do the same.
If this is what the world calls majority rule I pray to God that I will never live under majority rule.
approve these pay increases for our top executives."
Picture the changes that might be wrought if every television to spokesman was sent to him as he delivered the sales pitch.
Lynn
Kirkman
Editorial Writer
BEHIND HIM, the polygraph needle remains steady. So far, so good.
"Our new model is more advanced than our competitors' product," he tones. "We have features you want, all listed and included in our laboratories and under ideal field conditions."
Jeff Smith
Tonganoxie junior
and threats of lie detector tests
Such practices are bound to create ill will and draw objections. The Union and non-union workers most of them honest men and women, will rebel against the tests. It's not that true that the Union will hide to hid will have nothing to fear.
MAYBE THE businessmen who are pushing honesty should consider just what might happen if their policy were adopted and extended into the real world. We can support their corporations. Consider the potential for change if the polygraph were to be put to use
Business needs to find a tactic with more tact.
It might be interesting, for example, to sit in on a stockholders' meeting that involved a group of executives head the corporation. With all the executives plugged into polygraphs, the stockholders could question them before their departure or corporate president speaks:
throughout the corporate structure.
"We've had a good year, all right, but the experts are signaling a down trend in the coming months. We're looking strongly at the possibility of withholding this quarter's dividend and putting the money into capital improvements."
The needle wavers.
"BUT BECAUSE of this potential for instability," he continues, "we're going to need the best men we can find to guide us through these troubled times. That's why I know you'll
The smooth voice continues;
NOW!! YOUR VERY OWN CUT-OUT CONGRESSIONAL SANTA
System victimizes housewives
BATTLE IN THE LIVING ROOM.
THE MAID'S REVENGE
N. Y. Times Features
By LETTY CQTTIN POGREBIN
Women of every social class are learning that the marriage contract is no guarantee of lifelong security. Laws that make the husband responsible, support tend to benefit not widens, but curtail
A wife can't use these rules to compel a husband to support her. She can only sue for **societal harm** (see below).
And despite cries of rage from ex-husbands, only 14 per cent are ordered to pay alimony and 44 per cent directed to pay child support, and fewer than half of them pay regularly.
So the full-time homemaker risks all on her marriage, which makes her the most vulnerable of all women; she is only one man away from welfare.
no laborer in the world is expected to work for
room, board and love—except the housewife.
WHATEVER cash she receives not "is earned" but given to her—like a child's allowance.
Ferminists don't denigrate housework; in fact, housework is so important that men should do it.
She works overtime, weekends, through illness and vacation. She gets no sick pay, disability insurance or retirement benefits. She qualifies for a portion of her husband's Social Security payout only if she lives to age 60 and was married to him for at least 20 years.
Feminists dare to declare that the emperor has no clothes, that the medal pinned to the housewife or mother-of-the-year is made of myths—and about as negotiable as a wooden
To make housework visible, it must be given a dollar value and coded into the gross national product. As of 1974, uppaid housework was estimated to be worth as much as $350 billion.
WITH THAT figure in hand, the individual housewife's contribution can be estimated; housework is instantly quantifiable, regardless of the sex of the worker; couples can allocate cash more equitably; there is a solid basis for Social Security taxation, for deduction of expenses (such as child care and transportation), for raising the value of divorce or the loss of the homemaker's services through injury or death. Even more dramatic changes are needed.
Our leaders are worried about the dissolution of the family, but they blame powerless individuals and not the system that destroys family life.
In many states, welfare laws prohibit payment to intact families, forcing the father into hiding for the sake of his children's survival. We pay the least money to a welfare mom, and the most money to a foster family to keep the child, and the most money to institutionalize the child.
WE MUST underwrite support services, help families in trouble, create jobs that bring income and dignity to both parents and establish child-care centers that bring peace of mind to working parents and high quality care to young children.
instead, we are spending billions on the welfare bureaucracy, on incarcerating youth, on rehabilitation efforts that are too littile.
WE CAN learn about ourselves by listening to our children.
Even though more than 98 per cent of American children still are being raised by at least one parent, few families are managing to be entirely self-sufficient. If we really are a child-love society, we must take responsibility for all children's well-being, support them collectively and budget appropriations that presently allocate 98 times more for a soldier than for a child.
The General Mills American Family Report found that 77 per cent of children, aged 6 to 12, felt "mothers should go to work if they want." At the same time, 63 per cent said, "It's the mother's job, not the father's, to cook and clean."
This contradiction suggests that the next generation will repeat our struggle.
But perhaps not. The girls surveyed had different standards for themselves than for their mothers: 65 per cent expect to be whatever they want when they grow up, 33 per cent want to "earn a lot of money" and only 23 per cent said they want to be mothers.
The Foundation for Child Development studies 2,200 children between the ages of 7 and 12 and discovered that whether their mothers are on or off the child's health or school performance.
MOST CHILDREN surveyed were happy with their family lives but fearful of the outside world, and many felt their neighborhoods were inhospitable. They had sad indictment of our child-needy society.
One in 10 said that the person they were most afraid of was their father. Nearly half wished their fathers would spend more time with them and more than one-third wished their mothers would—a statistic that argues for flexible work schedules and shared parenting.
We can learn a lot from the children's expressed needs and problems, from social experiments, from innovative programs and from our own insights and experiences.
we can learn from documented statistics and facts: that more than half of all marriages end in divorce, that no matter how she may enjoy staying home with her children—and be able to afford it—when the average homemaker is 30 her youngest child will be in school; at 45 she'll have an empty nest and still about 30 more years of life ahead of her.
Even if her marriage is intact, she outlift her husband by nearly seven years. An the truth is that although nine out of 10 American women in this country will also do work at some point in their lives.
So, it is in every woman's interest to join forces with her sisters, to improve the status of the housewife, the mother and the wagegirl—those we work in our system upside down until we make it right.
Lettin Cottin Pogrebnik is an editor at Ms.
and employment. The author of books about women
and employment.
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