4
Tuesday, July 27, 1971
University Summer Kansan
The Pentagon Papers: Checks and Balances
BV DON ASHTON
Photo by RON CARTER
None of the many issues that have been resurrected by the public disclosures of the Pentagon papers has been resolved by the recent Supreme Court confirmation of the offending newspapers' right to publish. One临时 dispute demands primary consideration.
viarplaindemandspri
It would appear at glance that the most important request raised by the publication of the papers—whether or not the government has the right to impose prior restraint on the dissemination of information—has now been settled for some time. A closer look at the manner in which the case was handled raises some doubt as to whether it will serve as a strong precedent against prior restraint in the future.
It is the nature of any individual or organization to confine unfavorable publicity. The administrative branch of the United States government does not differ from any other group of men in this respect. There are secrets in every close. When they are unaware, they expect that persuasion will be employed to keep them from being widely divulged.
In the past, the government has been able to persuade the news media to withhold certain information it felt was not in the public interest.
And although the Constitution strictly forbids Congress to make a law abridging freedom of the press, administrations have been able to persuade the legislature to make such laws on a temporary basis in the interests of national security. Until now, these requests for the power of censorship have been preceded by a petition for war.
But for the first time in the history of this nation, an administration has successfully enjoined a number of newspapers from publishing their will and without the consent of Congress.
In the opinion of Supreme Court Justice Potter Stewart, "we are asked to perform a function in the cases before us that the Constitution gave to the Executive, not the Judiciary." His statement implies that in an issue of conflict between an executive and the government it is bound to look elsewhere for the authority to withhold information from the public.
In his dissenting opinion, Chief Justice Warren Burger objected to "the unassembly baste in which these cases have been conducted . . . (which is) unwarranted in light of the long period the (New York) Times deferred publication."
But if the courts exceeded their authority in dealing with the case at all, haste would appear to be the most basic consideration, not only because it is lawfully but suddenly finds himself in the ladies' restroom.
Although the opinions of all nine justices differed in their approach to the issue, the bench did hear the government's argument before lifting the injunctions from the newspapers involved, and the restraints were not removed until a majority of the judges introduced the papers would not irregularly harm the security of the United States.
So a precedent has indeed been set. It may follow that in similar cases, the government will impose a penalty.
with the knowledge that its arguments will be heard before the press will be free to resume
The government has argued that some secrecy is necessary in maintaining close relationships with other nations. This may be true, but it seems odd that a country which is continually testifying of its freedom to the rest of the world, and utilizes the media for this purpose, should suddenly cry out so loudly that even those who have been liberal in granting administrations the right to have secrets and has enacted laws to punish individuals who may abuse them.
Certainly no one could argue successfully that operational plans, involving the safety of American lives, should be divulged by government. These are usually of a military nature and as such are immediately declassified when operations begin. The Times decision not to announce the invasion was probably due to considerations and the Times was probably right in doing so, regardless of the eventual failure of the action.
It is unfortunate, however, that long-range plans prepared in an advisory capacity for presidents of the United States by civilian and military agencies are not available for public scrutiny. Surely there are more shocking potential decisions in the White House closets than the historical ones listed in the Pentagon documents.
The interests and security of the United States are the responsibility of every citizen, and particularly that of a free press. The fact that the Times considered the issues involved in publishing the Pentagon papers for three years is evidence of the strong feeling of responsibility to the country.
It can be assumed that at one crucial point the Times decided that the government should not be consulted before taking these actions. The right of a free press to mute such a decision
While it is expected that both the press and the government have the best interests of the nation at heart, there is no guarantee that either will always be right. There are those who would equate the executive branch with the nation, making no distinction between the two. They are wrong. Neither is the press the sole repository of Democracy.
A free press is virtually the only check on democratic government. Governmental policies will never be universally acceptable, and so administrations and the media often find themselves adversaries. It is their proper relationship.
It is through the press and Congress that the views of the public at large are most easily expressed. As the most readily available representatives of public opinion, the executive leadership would seem to be bound to confront one or the other of these influences in their papers, and justify their desire to keep potential disclosures out of the public domain. Democratic government must rely on persuasion. It cannot rule by edict.
The burden of responsibility on whether or not to publish lies with the media. If the nation should feel that the press continually abuses its privilege, it will surely arrange for these freedoms to be checked. The problem will then be one of finding a suitable replacement.
Stereo Components System
Ecology has been the favorite fad of the American public, especially high school and college students, for the past two years. But when it comes to environmental down, with few substantial contributions.
Alarmist's announcements of forcoming doom have lost their sting. Clean-up campaigns no longer attract publicity. Concern in pollution has deteriorated into boredean.
By GALE NORTON
All too often energy generated has been expended in activities with short term benefits. Time and money could have been diverted from activities like clean-up campaigns and newspaper drives and spent on more important areas.
Ecology a Fad
One main reason for this, of course, is the short interest span of the public, intensified in this age of mass media.
Educating the public to the consequences of pollution and what can be done to forestall them is still very important. But the fact that this has failed is made obvious when litter clutters the countryside and private automobiles jam the highways.
Emphasis should be placed on political and legal action instead of short term activities. The formation of laws and law suits brought to bear can have long-reaching and significant effects, though not as immediately visible.
Colorado's proposed Environment Bill of Rights is an example of the type of legal action needed. The bill was backed by thousands of signatures gathered by high school students and elected officials to give power to legal action taken against polluters and form a basis for further laws.
To protect the environment, laws are needed. Laws to halt destruction of natural resources, laws to prevent the pollution of our air and water, laws to prevent pollution to the legal and political arenas.
Many state legislatures are rurally oriented, at a time when most civic problems are urban oriented. They will pass few laws in the environment without strong public pressure.
We are new in town and so are our styles.
SALE
Come on down to the
and see what our one and only SALE has to offer.
A new book titled PANTOMIME: ELEMENTS AND EXERCISES; by David Amorita, with the practical aspects of the "art of silence." Scheduled for release on July 20th, this edition of *Knoxville* book will provide an introduction and guide to the essential elements and the specialized exercises in mastery expression.
Sale Shoes $5
If you can't find anything on sale, our regular stock of sandals and leather goods are reasonably priced. Also have FALL styles. So truck on down to the Hobnail.
David Alberts is an accomplished mime who has performed throughout the United States and Canada. He is deputy director of the Toronto Mime Ensemble and School of Mime
Mimes Book Published
In the first half of the book the author interprets the philosophical substance of the art. Such subjects as the differences between pantomime and mime, symbole and direct representation, and the politimist's relationship with his audience are discussed.
The second half of the book contains detailed procedures for the basic bending and turning movements, including exercises such as the representation of bicycle riding, skating, walking, and climbing stairs. This section includes nine action photographs with ninety action photographs.
The book also contains four original mimes written by the author, a selected bibliography, and a filmography.
Although pantomime is a basic underlying element of almost all facets of the theatre, there has been writing on the subject in the past.
RUFFLES AND
FLOURISHES, by Liz Carpenter (Pocket, 95 cents)—one of those inside-dope books, this one by the gal who was Mrs. Johnson's press secretary. The book is friendly and assisiable; it imparts importance through there enough dirt and enough anecdotal stuff to keep you entertained.
Charlot Ogburn Jr., whose writings have ranged from fiction to World War II reportage, has written THE WINTER BEACH (Pocket) 85 centimeters. The book describes the Atlantic coast, beginning in 1964, when he began to range from the Acadia National Park region in Maine to the Outer Banks of North Carolina. The book recording one of the work of Joseph W. Ritchie, or even Thoreau.
Book Reviews
A volume sure to attract mutual readership is entitled THE CON CONTROVERSY; THE CRITICAL GREEDENING OF AMERICA, edited by Philip Nobile (Pocket, $1.50). The first reader probably should read Charles Reich's book, *America*, a book that looks wide-eyed at the counter-culture. Then this, in which there are both praise and scorn for the afraid of youth that Reich provides.
Two new paperbacks look at special problems of American schoolchildren. **SPEED IS E OF THE OSSENCE** (Pocket, 95 cents), a picture of the counter-culture, with special references to children in HOLIDAYS IS CHILDREN IN TROUBLE: A
**Library Guide, White Boarding**
**University of California, Berkeley**
**USE STUDY SOUNDS**
**USE THEORY OF ENERGY**
**YOU ELECTRONICALLY PROJECTED BUNDS**
**CAUSE THIS TO HAPPEN**
**B Train Tech. Campus, GL Lippert**
**Bookstore, San Francisco**
**Sound Congress, Inc., New York**
**Sound Congress, Inc., New York**
NATIONAL SCANDAL, by Howard James (Pocket, 95 cents), a horrifying view of institutions that house, penalize, and sometimes ruin children who have offended against society.
30 DAYS TO A MORE
TOUR
Wilfred, J. Winnford and Norman
lewis (Pocket) 95 cents) —
revised edition of a standard
book on the subject.
Lawrence Ice Company
KNITTING MADE EASY, by Barbara Ayles; THE COM- AND CROCHETTING, by Marguerite Maddox (Pocket, 50 cents each)—practical and valuable books that should come to mind.
IMPROVE GRADES
STUDY SOUNDS
for all your party needs
WATER OF LIFE, by Henry Morton Robinson (Pocket, $1.25)
Release a bouchon no longer used several years deals with the manufacturing of bourbon whiskey. It's a good option for a drink, glued after you return it.
Case lot beer, Keg beer,
616 Vt.
Picnic supplies
We've been training all summer to keep up with you this Drinkin' BUD of course
Open to 10 p.m.
843-0350
BUDWEISER on tap of course
The University Shop
at the end of this week we will close for two weeks for remodeling. But, before we do we're going to get
UTTERLY RIDICULOUS
TO CLEAR OUT ALL OUR SUMMER SEASON GOODS
If you think the Bazaar Day bargains were good, take a look at these fantastic prices.
Casual Slacks perm. pr. & flare
3. 00 ea.
Dress Shirts
4. 00 ea.
34.95 &
39.95
Sport Coats
3. 00 ea.
Knits
34. 95 & 19.95
Ties, Belts,
wild bargain
tables
Button Down
Dress Shirts
2. 00 ea.
Dress Slacks (smaller sizes) 5.00
5. 00
Shoes
10. 00 ea.
With each $15.00 purchase we'll give you a coupon for a free PIZZA HUT pizza. Enjoy it.
The University Shop
1420 Crescent Dr.
VI 3-4633
Entire stock not included—no returns—alterations at cost