Farber savs public needs press freedom
By PAM MANSON
Assistant Campus Editor
Birmingham, Ala.—After Supreme Court decisions upholding subpoenaes issued to the New York Times will affect not only journalists, but also the public, Myron Farber, a New York Times reporter,
"If reporters do not gather news without the fear of being forced to turn over those notes to the courts, the flow and value of information to the public will be hurt," said Farber, who spent 40 days in jail for refusing to release his notes on a murder case. "Sources will be afraid to talk."
Farber spoke to about 700 people at the annual convention of the Society of Professional Journalists-
"THE WRITERS of the Constitution included freedom of the press because they thought it was important," Farber said. "They knew this American society needed information to function and they intended to provide that."
The New York Times was financed $100,000 plus $5,000 a day for every Faster barrefer to turn over his
Farber, who characteristically was smoking a
pipe, said. "I'm unaccustomed to public speaking, but then again I'm unacustomed to being in public."
The case started in the summer of 1975 when questions were raised about the suspicious deaths in 686 of five patients in Riverhead, N.J. In March 1975, a fellow N.J. article in which a "Dr. X" was implicated as the physician who had used curcue, a powerful muscle relaxant drug, on the patients in experiments at the hospital.
AS A RESULT of these articles, the Bergen County, N.J., prosecutor opened the case and exhulted the five bodies. In May 1976, Mario E. Jasclevich was indicted on charges of murdering the five patients.
Farber was subpoenaed as a potential witness and ordered to turn over all information he had on the case. He refused and spent the first of his 40 days in jail.
Because he was considered a potential witness, Farber was barred from covering the murder trial.
"It's easy to see how reporters with knowledge on a story could be barred from continued coverage of a case."
"It was by far the broadest and most vague subpoena ever served on an American newman," he said. "It ordered that all statements, recordings and evidence be given to the defense and the prosecution be turned over."
Farber said the subpoena was "truly an offer that had to be refused.
FARBER and the Times went to the New York and New Jersey Supreme Courts, arguing that they were probed by the First Amendment because the Court was asking for a hearing on the issue. They were denied.
"We were denied due process," Farber said. "My right were brushed aside. We were convicted and jailed."
The Times has spent more than $1 million in legal costs. The paper has appealed to the U.S. Supreme Court.
The furrow was released from jail on Oct. 24, the same day the furrow Jasclevich not guilty.
Farber said that he was aware of the seriousness of the crime and that defendants had the right to have witnesses testify in their defense. However, he said, he could not shrug off low broth the order was.
"I CAME ALONG 10 years after the death occurred, he said, "I had no first-hand information of the alleged murder. The order to turn over my notes was all-inclusive. The judges didn't make any distinction about confidential sources."
Farber said his case showed the danger to the First and 14th Amendments and should laws that protect students in the classroom.
Farber said many people thought reporters wanted special privileges.
our laws are explicit in what they say," he said.
"And yet, everything depends on the judge's interpretation. New Jersey has one of the strongest shield laws in the country. It says that reporters must tell the judge where to file sources. But the judge said to turn over everything I had and he would decide what was privileged."
"THAT'S NOT the case, especially for the reporter who stands here," he said. "If the Supreme Court decides we don't have the privilege to protect our sources, we won't be able to do our job effectively." Farber said a recent editorial in the Sacramento (Calif.) Bee exemplified the problem.
"the Bee printed an editorial explaining why it wasn't going to publish an important story," he said.
"It said the reporter would be subpoenaed if the story were printed and he'd be forced to go to jail. And the paper said it could not afford to fight in court and did not want its reporter to do so to jail."
Farber said withholding news was an inevitable consequence of the situation. He said journalists needed to convince the public that they were trying to do a good, effective job for the public.
"There's no profession that has a more important or more honorable place in society than journalism," he said. "And it has one purpose—to serve the American public."
FARBER SAID he did not have any hard feelings toward judges who have ruled against him.
"I have a great respect for the law and I have all my life," he said. "The Supreme Court is an institution. I don't do what I did lightly. It was hard to believe I would. I would disobey an order and not release my notes."
"I don't see the judges as bastards. I never get back the 40 days that I lost, but the judges have an important job to do and they did what they thought was right."
See FARBER page three
Moore gets ax at eleventh hour
By NANCY DRESSLER
Associate Sports Editor
Associate Sports Editor
An emotionally drained Bud Moore, who was fired yesterday as KU's head football coach, said he has enjoyed his years at KU but doesn't know if he'll return.
The firing was announced at 11 a.m. by Don Baker, sports information director, for athletic director Bob Marcum. Marcum, who was in Oklahoma City at the time of the announcement, had told Moore of the decision earlier in the day, Baker said.
"We've enjoyed our four years at the University of Kansas," Moore said in a prepared statement yesterday afternoon. "I think that certainly some things have happened here that we can be proud of."
"I know one thing. I'm not a miracle healer."
Such thoughts seem appropriate as Kansas is just a day away from the season finale with rival Kansas State. Moore will direct
KU RUN through non-contact drills yesterday in Allen Field
There are present to prevent interruptions and several KU police officers
Moore's statements referred to what the Jayhawks have suffered from all season—injuries.
As many as two dozen players, including seven starters, were lost for the season, and an additional 17 missed at least one
"We have our fingers crossed that they'll all come back healthy." Moore said in August, as fall drills began.
But the injuries didn't stay away and they contributed to what has been a 1-9 season, the worst for Kansas since 1983, when the
HOWEVER, the good times weren't evident yesterday as Moore reacted to his dismissal.
But things haven't always been dismal for Moore. In his first season, 1975, he led a team that was picked to finish seventh in the conference to a 7-5 season, including a 31-19 loss to Pittsburgh in the Sun Bowel. Moore was named Big Eight Coach-of-the-Year and runner-up to Ohio State's Woody Hayes for national coach-of-the-year as chosen by the American Football Writers Association.
"I probably more than anyone else, am extremely disappointed at this year," he said. "Our coaches have worked extremely hard. I don't think any one of our teams has anything to be ashamed of."
Moore has two years remaining on a five-year contract. Marcum was unavailable for comment on what settlement would be achieved.
Chancellor Archie R. Dykes, at a board of Regents meeting inpaired, saxon made and the KU Athletic Association would defend his case.
Dykes said he had concurred with Marcum's decision to fire Moore "because of our concern over the football program."
IN A PREPARED statement, Marcum said, "The program has experienced an extensive evaluation since my arrival. Based on that evaluation it has been determined that it is in the University's best interest to make a change."
A decision on how to settle the contract will be made soon, Marecum said.
See COACH FIRED page 10
Fridav. November 17, 1978
THE UNIVERSITY DAILY
KANSAN
Lawrence, Kansas
The University of Kansas
Vol. 89, No. 60
Beleaguered Bud
Don Baker, KU sports information director, announced at 11 a.m. yesterday that head football coach
Staff photos by RANDY OLSON
Bud Moore was fired. Shown here in the first picture with John Levr, offensive coordinator, Moore watches the 63-21 loss to Nebraska two weeks ago.
State awaits ruling on proposed audit
By TIM SHEEHY
Staff Reporter
TOPEKA- The Legislative Division of Post Audit in Kansas is awaiting a ruling from the Commission before proposed audit of students' records in universities and junior colleges will violate the Buckley Amendment governing students'
The state wants to perform the audit to find out how often college hours taken at a community college will transfer toward graduate degree at one of the state's universities.
The ruling on whether the audit violates privacy laws will come from the Family Educational Rights and Privacy Act office in Washington.
The state's universities, governed by the Kansas Board of Regents, will accept credit hours from any of the state community colleges, but the post audit monitors the students' comments that the credit hours sometimes will not apply toward the student's degrees.
Under the Buckle Amendment, no federal funds can be given to schools that release student records without consent from the students.
Because the state funds community colleges on the basis of credit hours, the state wants to make sure it is not wasting its money on credit hours that will not
THE PROBLEM with privacy rights violations arises because the post audit division wants to examine the transcripts of universities from community colleges.
See related story page seven
apply toward a degree at a state university.
Members of both bodies expressed doubt that the state would find a large amount of blood from the transfer. They also said the audit might be a duplication of effort because the matter was looked into when the police were accredited and no problems were found.
The auditors do not want to publish students' names in their report because they want to make certain they won't know the laws and jeopardize federal money.
HOWEVER, Prudence Hutton, a member of the Board of Regents, said she welcomed the report because it was a welcome addition to information about state schools gathered.
The proposed audit was discussed at a joint meeting of the Regents' Academic Committee and the State Board of Education.
"We may as well roll out the welcome mat," Regen Walter Heierstaer said. "We feel confident there will be no significant findings, so we may as well relax and enjoy it. There is no reason to believe that this thing will into a witch bunt."
If the federal government gives its approval to the audit, state auditors have said they also intended to allow the state auditor to be given the proposed audit and then give his opinion.
IHP critics to testify at hearing
By DEBRIECHMANN
Staff Reporter
Nine persons have been asked to provide oral testimony against KU's Integrated Humanities Program tomorrow as a part of the work being made by the IHP Advisory Committee.
The speakers include two former IHP students and parents of former IHP students who have disapproved of the program in recent letters sent to the com-
In addition, the Rev. Vern Barnet, spokesman for a group opposed to IHP, has been invited to speak at the public hearing, where he will explain the reasons the Renaissance Room of the Kansas Union.
This is the first of two耳廓 set up by the advisory committee to hear oral
testimony from people who have recently written to the committee. Tomorrow, the committee will hear from people speaking out against HIP and at the second meeting, on Nov. 27, those in favor of HIP will have the opportunity to voice their opinions.
BARNET, CHARLIER of the Committee for Academic and Religious Liberty, has been critical of IHP because he said some of his colleagues had been alienated from their parents.
IHP is a program that offers a traditional approach to the study of Western Civilization and has been criticized since it began six years ago. Some students of IHP have professors teach views favoring Catholicism, but Dennis Quinn, director of IHP, has denied any
connection between JHP and Roman Catholic teachings.
Barnet said yesterday he was looking forward to the public hearing.
HE SAID, however, that the five minutes allotted to him probably would not be enough time to fully express his feelings about IHP.
"I could go on for five hours," Barnet said, writing extensively about it to the committee.
Barnet said he was interested in attending the bearing because it would give the adhesive a stronger hold.
"I'm glad that the University, after all these years, is finally getting down to a formal evaluation." Barnet said. "I hope the University can take care of this matter
Custodians allege discrimination
By TOM RAMSTACK
Staff Writer
The Public Employees Relations Board in Topeka yesterday received a complaint from KU's custodians alleging that the department engaged in discriminatory labor practices.
Kenneth Brouhard, business manager of Local 1424, refused to identify the employee who allegedly was discriminated against. But he said the employee requested the job transfer because he did not get along well with his boss.
The complaint, filed by Local 1422 of the Public Service Union, which represents KU's custodians, alleges that an employee requested a job transfer and was refused because of his activities in the custodians' union.
BROUHARD SAID that on Nov. 8 the
union's seven-member executive board had voted to complain to the Public Employees Relations Board because the union requested that the employee had been treated unfairly.
Jerry Powell, director of the Public Employees Relations Board, acknowledged that he had received the complaint. But he said that before it could be investigated by his office, it had to be determined whether the person who signed the complaint was a legitimate representative of the union.
According to Prouhard, Bob Allen gave the custodians' union, signed the complaint.
Powell said if he determined that the complaint was valid, he would send a letter to
Dykes and the University would then have seven days to officially deny or admit to the university.
Rowell said that after the University's response, he would then meet with union officials and a University representative to see if an agreement could be worked out.
WL LINKUGEL, chairman of the IHP
Assoc. Comm., complied
the procedures.
Chancellor Archie R. Dykes asking for a response.
by itself because, if not, there will be others who will."
If the board determines that the University has engaged in unfair labor practices, KU's housekeeping officials will have 90 days to correct the violations.
IF NO AGREEMENT is reached, Powell said, he will schedule a hearing for representatives of both parties to appear before the Public Employees Relations Board.
Hodger Orke, director of Facilities
Operations, refused to comment on the con-
cession.
HPB has been evaluated for more than five years since the advisory committee was appointed by the College Committee on Undergraduate Studies and Advising gave the advisory committee a more specific charge that clearly stated how the HPB evaluation process worked.
he said he hoped the bearing would provide additional information that would be useful to the advisory committee in its recommendation to the undergraduate studies committee regarding the future of IHP.
Robert and Gloria Anderson, Kansas City Mo., whose son is a monk at Fort庞堡宫 Monastery in France, also have been invited to sneak.
Barnet said the Andersons thought the monastery as a result of participation in the
Dean Toffelson, Olathe, whose daughter
See IHP page three
Applications due for Kansan position
Applications for editor and business manager of the University Daily Kansan for next semester are due at p.5.mm. today in 105 Flint Hall. The applications are available in the School of Journalism and Communications, Office 1055 Kansas Union; and the Office of Student Organizations and Activities, 228 Strong Hall.