VOL.100, NO.19 (USPS 650-640) THE UNIVERSITY DAILY KANSAN THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS THURSDAY SEPT. 21, 1989 ADVERTISING: 864-4358 NEWS: 864-4810 Haskell students to control paper Marcel Stevens, editor, announces new press freedoms. By Steve Buckner Kansan staff writer The Haskell Indian Junior College student newspaper received a victory Tuesday in an out-of-court settlement with the college and the Bureau of Indian Affairs, newspaper leaders announced yesterday The newspaper, the Indian Leader, will be controlled by the Indian Leader Association, the student group that publishes the newspaper. The association will have complete control and responsibility regarding the content of the newspaper. "We're extremely pleased with the resolution of the case," said Patrick Nichols, attorney for the student association. "The students right to publish what they see fit. There are no rights of restriction." "These are rights that other student journalists have taken for granted. We see this as a ground-breaking case." Carroll Parker, acting president of Haskell, said, "We're glad to see the settlement completed. We think it is a settlement for the college as well as the newspaper." The agreement ended a fifteen month legal battle and an 11-month dispute regarding the control of the newspaper. The Haskell administration had halted publication of the newspaper after an article critical of former president Gerald Gipp was printed in the Oct. 19, 1988 edition. The association filed the lawsuit in district court on March 30 after the administration attempted to publish an edition of the Indian Leader that professed administration views. The settlement covered 14 points and 14 sub-points. The key elements included were: ▶ Student editorial control. The association and editorial board of the major leader have editorial control. The contents of the newspaper. No prior restraint or censorship. Haskell agreed that no officer, agent or instructor could censor, edit or modify the contents of the paper; restrain, obstruct or prohibit the publication of the paper; and suspend the publication of the paper should a vacancy occur in the position of faculty adviser. - Role of the faculty adviser. The adviser will instruct editors and reporters, criticize the paper and conform with the standards of the Code of Ethics of College Media Advisers. rests with the individual members of the association. The faculty adviser, Haskell, the Bureau of Indian Affairs and the U.S. Department of Interior will not be held accountable for the contents of the namer. ▶ Responsibility of the student journalists. Sole legal responsibility for the contents of the paper Dario Robertson, co-counsel to the association and former KU associate professor of law, said that the responsibility issue was the stumbling block for the settlement. "The college was adamant on this point," he said. "They were afraid of a lawsuit of libel or obscenity. "We produced several major federal and state cases that demonstrated that if they were involved in publication, then they were responsible, and if they were not involved, then they were not responsible. So they grudgingly accepted." Robertson said Haskell's acceptance of this point occurred in May, but that negotiations dragged this earlier because of several minor points. The settlement was reached Friday and approved by Richard D. Rogers, federal district court judge, on Wednesday. New freedom excites Haskell journalists By Jennifer Metz Kansan staff writer The settlement made all reporters and editors responsible for any statement that was made, said Student journalists at Haskell Indian Junior College breathed a sigh of relief yesterday after a settlement was announced, allowing freedom of expression without censorship for the student newspaper, the Indian Leader. "I know I'll have a lot more responsibility," said Marcel Stevens, editor of the Indian Leader. "I confident I'll be able to handle it." "They will now produce, write and edit the publication," she said. Hames Combes, newly-appointed faculty adviser for the newspaper and journalism instructor at Haskell. said. "In the past it has not been timely." Combest said that journalism students at Haskell had won a great battle, but also had taken on a great amount of responsibility. The university which was last printed in the spring, will resume this semester under a more permanent program, she said. "A newspaper is a professional publication and it needs to come out on a routine basis." Combes She said she would like to see the Indian Leader as the voice of the students. As a faculty adviser for the paper, she would like to be available for advice and guidance, Combes said. "I certainly don't see myself as an editor or a reporter," she said. an owner of as a counsel," she said. After publication, Combest said she would criticize the paper on a routine basis. "We do not require the right to see the paper at all before it is published," she said. As editor, Stevens said she did not want to be afraid to print stories about the administration and she would like to see more tribal news, which had not been emphasized in the past. Stevens said she would write an editorial about the settlement for the first publication this semester. She also said the paper would address controversial issues, such as the overcrowding problem at the college. A symposium is planned for Haskell students this fall that will address the rights of journalists as well as the rights of students at Haskell, Stevens said. Local agencies provide hurricane relief Lawrence Red Cross chapter shipping medical supplies, generators to Puerto Rico By Holly Lawton Kansan staff writer Hurricane Hugo may be thousands of miles from the Lawrence area, but local organizations remain alert so they can help. Jo Byers, director of the local American Red Cross chapter, said the organization normally sent aid to disaster areas when needed. "We have shipped generators, 12 ► See related story p. 7 3,000-gallon water tanks and pharmaceuticals to Puerto Rico," she said. "The people there may need inoculations because there can be problems with disease with all that water." Byers said one Topeka Red Cross worker had already left for San Juan to help and that another worker would leave tomorrow. hurricane-watch shelters on the southeast coast of the United States, and more than 50 families are in Bevera, on the island of Antigua, Evers said. The national Red Cross has set up She said she spoke with a Lawrence woman whose brother in Florida had gotten through to Puerto Rico by telephone. The local chapter is accepting health and welfare inquiries about people in Puerto Rico who might be affected by the hurricane, which has been linked to 25 deaths so far, Byers said. Red Cross is working with local amateur radio operators who make the inquiries for them. John Wallace, a Topeka resident who works in Lawrence, is one such radio operator. He said he sent messages to other radio operators in the affected area and waited for responses. USAir flight plunges into New York river The Associated Press NEW YORK — A USAir 737 carrying 61 people skidded on a runway at LaGuardia Airport and splashed into the East River yesterday, killing at least two people, after the pilot tried to abort the takeoff, authorities said. "The pilot seemed to be accelerating but didn't have enough power to get the plane up," said survivor Larry Martin of New York City, who huddled in blankets with his wife, Valerie. "Something happened, and he put on the brakes. The plane took a dip, and the next thing I knew all hell broke loose," Martin said. "People were on top of each other. People were screaming. There was the smell of gas. Everyone was saying 'Get out!' Get out! Get out!!" "They were hanging from the pier, hanging on the wing, hanging from the front of the plane," said police Lt. Larry Johnston. Witnesses said the aircraft split into two pieces, with part of the jetliner suspended out of the water. Some survivors crawled onto the wing to await their rescue, and some ended up in the water. Sgt. Jack Casey, a police diver at the crash site, said he removed two bodies from the plane and heard of a third fatality. But 51 people escaped on the plane unhurt, said Mayor Edward I. Koch, who was on the scene. Stephen Berger, executive director of the Port Authority, said he knew of only two deaths in the crash. Two people were taken to Jamaica ▶ See related stories p. 12 Hospital in critical condition, said Port Authority spokesman Bill Cahill. A third person was in stable condition at another hospital after suffering a heart attack. The pilot aborted the takeoff at 11:29 p.m. and the plane skidded off runway into 25 to 40 feet of water in Bowery Bay, about 50 to 100 feet from the end of the runway built on pilings in the water, officials said. The pilot tried to abort the takeoff for an unknown reason, said Kathleen Borges, spokeswoman for the Federal Eviction Administration in New York. "The first third of the airplane is resting on the approach lights," said Ms. Bergen. "The rest of the plane is in the river." Some people were trapped in the plane's all section and were removed, said Coast Guard Lt. Cmdr. Paul Milligan. Milligan said the plane skidded off the runway during takeoff and landed in the water, about 2,000 feet from the end of the runway, at 11:35 p.m. EDT. Fire officials said survivors were being taken to the Pan Am Shuttle terminal at LaGuardia. Coast Guard small boats and planes were on the scene, as well as scores of police and emergency vehicles. A USAir spokeswoman in Arlington, Va., Susan Young, said Flight 5050, a Boeing 737-400, was bound for Charlotte, N.C. She said the plane carried 55 passengers and a crew of six. Study says Canadian students shun condoms The Associated Press HOUSTON — About 75 percent of white, middle-class Canadian college students are sexually active but only 19 percent use condoms, even though they know condoms can protect against AIDS and other diseases, a survey found. The survey "suggests most education and media campaigns to increase condom use are dismal failures," said Dr. Noni MacDonald of the University of Ottawa in Canada. She presented her findings yesterday at a meeting of the American Society for Microbiology. "They know the facts; that's not the problem," MacDonald said. More than 80 percent got the safety standards correct. But do they use it? No." MacDonald, a member of a Canadian health ministry task force on sexually transmitted diseases, said her findings would probably apply to white, middle-class American college students. "If we've got it in 'middle-America Canada,' you must have it in middle America," she said. A recent study of condom use by adolescent males in the United States found that 57 percent reported use of a condom the last time they had intercourse, but that only 30 percent said they had always used a condom with their last partners. The author of the U.S. study, Freya Sonenstein of the Urban Institute in Washington, D.C., said condom use had increased but it was lowest in the adolescents who were most at risk, either because they have multiple partners or have sex with prostitutes, for example. The Canadian study, in which 6,911 college students across Canada were surveyed, found that 30 percent of 14-year-olds had already had intercourse, as had 77 percent of college students and 73 percent of college women. One in four men and one in eight women reported having had at least ten shots. These findings held true "right across the country, coast-to-coast, little town, big town," said MacDonald Twenty-six percent of the students said they had never used a condom. Western Civilization reading included on list of banned books By Liz Hueben Kansan staff writer Students enrolled in Western Civilization I at the University of Kansas are reading material that has been challenged elsewhere. The book was challenged because of its "language and moral content," according to a resource book by Doyle for Banned Books Week 89. This week is Banned Books Week '69 and the theme of the week is "Celebrating the Freedom to Read." The event is sponsored by the American Booksellers Association, the American Library Association, the National Association of College Stores, Association of American Publishers and the American Society of Journalists and Authors. A group of citizens in Yukon, Okla., wanted Aaldous Huxley's "Brave New World" removed from the shelves at the Yukon High School library. The book is on the reading list for KU's Western Civilization I class. Joe Friedman, director of membership of the American Booksellers Association, said, "The purpose of having a banned books week is to call attention to First Amendment issues." Mary Michener, owner of Adventure A Bookstore. 836 Massachusetts St., said the issue was a question of freedom of speech and expression. "The week is to protest against the loss of civil liberties — the right to write, say and publish what we choose." she said. David Gross and Rachel Hoffman look at a bookstore display about Banned Books Week '89. Many of the people who challenged books were religious groups who did it for religious reasons. Michener said. According to Doyle's guide, books such as "Garfield: His Nine Lives" by Jim Davis and "The Giving Tree" by Shel Silsteinver had been considered tough to be challenged or banned from children's sections of some libraries. "But many people who challenge books are largely ignorant, and they want to make themselves heard in some way," she said. "There are some horrible books out there, but that isn't what they're after. In literature there are things far worse than these listed." The "Garfield" book was moved to the adult section of the Saginaw, Mich., public libraries after patrons learned that children be denied access to it. "The Giving Tree" was removed recently from a locked case at a library in Boulder, Colo., after a librarian had taken it off the shelves because it was considered sexist, according to the guide. Doyle's guide includes literature classics, such as Mark Twain's "The Adventures of Huckleberry Finn," William Golding's "The Lord of the Flies," Sylvia Plath's "The Bell Jar," and three novels by John Steinbeck, "Of Mice and Men," "The Grapes of Wrath" and "In Dubious Battle." The American Heritage Dictionary also is included in the guide. The lists were taken from the quarterly, "Newsletter on Intellectual Freedom," published by the American Library Association's Intellectual Freedom Committee. Taylor said two of the challenged books dealt with Halloween and witches. Bob Taylor, assistant superintendent of the Lawrence Public Schools, said three library books were challenged last year. He said the schools had a policy and a committee to deal with such pressures. Taylor said none of those books was banned after committee hearings. Ted Zenzinger, assistant director of the KU Western Civilization program, said he was vehemently opposed to the banning of books resulting from community group pressures. "People who are trying to oppose books are not getting to the source of the problem," he said. "They can't defend themselves against people who hold other beliefs, so they try to ban the books that contain beliefs other than their own. 8 "Most of these people have never even read the books in question. They are insecure in what they believe." Zenngier said. 新