KANSAN
THE UNIVERSITY DAILY
Vol. 85-No.24 Friday, September 27,1974 The University of Kansas Lawrence, Kansas
Rehnquist examines impact of individual privacy laws
By DENNIS ELLSWORTH
Reporter
Usually when the question of privacy is argued and the decision favors privacy, some other value of society suffers, William R. Karp said in a justice of the United States, said yesterday.
Rehqnist spoke in the Judge Nelson Timothy Stephens Lecture series in Woodruff Auditorium before a near-capacity crowd.
A free society should try to strike a compromise between the conflicting values
"I increased privacy of the individual may less meanless enforcement of the laws, or a less well-informed citizenry," he said.
"Unregulated freedom is anarchy; absolute order is despotism," Rehquist said. "It seems to me that no careful student of the subject would suggest that the claim of privacy ought to prevail over every other societal claim."
Rehnquist traced the development of the concept of privacy through American history and gave his views of its modern-day application.
He cited Thomas M. Cooley's treatise on torts as the origin of the phrase often used to describe privacy, "the right to be left alone." He also said that Justice Brandels' opinion in the 1928 case of Olmstead vs. United States extended privacy beyond the tort law and called for the right to exclude public observers from basically private events.
Rohquist said the Fourth Amendment extended the concept of privacy further to include the right to keep tangible items that could be stolen. The Convention is extended to include the spoken word.
The freedoms of the Fourth Amendment have been limited by the doctrines of "plain view" and "open fields," which allow for search and seizure of items that couldn't reasonably be expected to be private or weren't intended to be private, he said.
Price increase advised for KU residence halls
A $56 increase in annual residence hall contracts for price next year was recommended last night by the Association of High Residence Halls (AURH) assembly.
The recommendation was to be reviewed this morning by the Administrative Housing Board.
Nearly half of the money, $4, has been
earmarked specifically for the food budget,
which would increase food allot
credit to $1.40 to $1.60, AURH
president Phil Fricke said.
Another $42 would be absorbed by 10 per cent salary increases for residence hall employees as a part of the general civil service salary raises, Frickey said.
The remaining $5 of the proposed increase would be funding for a new program to increase the open hours, efficiency, and quality of residence hall libraries.
Frickey said no allowances were made for handling inflation in hali maintenance costs.
Frickey said salary increases almost necessitated the $42 increase, and inflation had caused the need for the $48 increase to maintain the quality and quantity of food.
"We're just going to have to try to cut
and work more efficiently if possible.
"We hope we can provide the same services next year as we have this year."
The recommendations of the Administrative Housing Board will be sent to the Governor by June 1, 2015.
Frickey said Dykes would scrutinize the increase proposals, which could have a negative impact.
He said he doubted the Administrative
Housing Board would reach any decisions today.
Most of the assembly's discussion of the rate increases centered on the $5 library surcharge. The representatives from GSP-Corbin and JRP said their halls' libraries were considered adequate by residents and needed for such a program in their halls.
Other contractual recommendations included approval of the extension of Oliver Hall's closing time from 10:30 p.m. to 11:30 p.m.; extension of the physical improvement surcharge of $15 to Temple Hall's $15 special improvement surcharge; and annuation of the $50 discount for previous hall members who made payments on time.
The physical improvement surcharge is used to make significant physical alterations desired by the hall residents. All hall officers are exercising this option. Frickey said.
The special improvement surcharge was initiated to defer the costs of repairing vandalism destruction. Money remaining in the fund may be spent on special items for the hall.
The $50 discount is extended to residents who either pay the entire hall fees at the beginning or make all their payments on time. This program may have been a factor in marking occupancy of the residence balls, Mark Anthony, contract committee chairman, said.
The assembly approved a temporary program to establish a test file in the halls, drafted a notice on policy regarding solicitors and salesmen and agreed to the Dean of Women's office in planning a human sexuality week early in November.
The definition of privacy in Webster's unabridged dictionary, "freedom from unauthorized oversight or observation," is that privacy is the only right usually is thought to mean, Rehchnuist said.
Adaptations of the concept of privacy have been made in diverse instances, in various ways.
William Rehnquist
abortion and the right of a worker to negotiate with his employer, he said.
In recent court cases it's been argued that the right of privacy should prevent the state from prohibiting abortions in the final three months of a wogan's pregnancy, he said.
Rehnquist said the kind of privacy involved in such a case was different from the traditional concept of privacy in the Fourth Amendment.
governmental intrusion into private papers or governmental entry into a private holding; it is a ban on legislative regulation of an entire area of concern," he said.
"Here the constitutional ban is not upon
These areas of conduct, which involve relationships thought to be intimate enough to restrict government regulation of them, are still being considered in the courts, Rehnquist said.
The upholding of a worker's right to negotiate a contract with his employer in a 1905 decision brought the expression of "the right of the individual to liberty of person" from Justice Peckman, according to Rehquist.
He then gave a lengthy discussion of the concept of privacy in areas where it involved 'nither an aversion to governmental regulation nor a challenge to substantive regulatory power.'
The courts have come to realize that the 14th Amendment wasn't designed to prohibit politically elected legislatures from regulating business. Rebehn said,
The case of Dale Menard, a youth who wanted to have his record of an encounter with the police expunged, shows that both the interests of the government and, of the individual should be considered in reaching a decision. Rehnquist said.
Without drawing conclusions, Rehquist discussed the rights the individual sought to protect and the reasons the government had against absolute privacy of individuals
"To conclude that an event is not wholly private' does not mean that an individual has no interest in limiting disclosure or dissemination of the information," he said.
Rehnquist said surveillance and the maintenance of arrest records probably should be considered according to the justifications given for their use by
See PRIVACY Back Page
B) Kansan Photographer JIM THOMAS
Moses moves again
Supported by ropes and transported on a forklift, a 12-foot status of Moses destined for the School of Religion came down the ditch to a workroom in Learned Hall. The statue has been the project of Elden Tefft, professor of painting and sculpture, for the past seven years.
Giant Moses makes moving exodus
Bv MARK MITCHELL.
Moses finally made it to the promised land
But it wasn't without a struggle.
After seven years in the dusty and dingy confines of the mechanical engineering laboratories behind Marvin Hill, Moses, the 12-foot statue being constructed for the School of Religion, has a new home in Learned Hall.
Over half a dozen buildings and grounds personnel and a forklift were needed to move the statue, which is still in the preparation stage. Not only was Moses an unvely maniacous creature, but this section of the lab had to be ripped apart to free Moses.
Elden Teftet, professor of painting and sculpture and creator of Moses, said he hadn't realized that the extraction of Moses would be such an ordeal, or that part of a project would have to be turn down when he started the "project."
"We weed we could complete the model here and then take it out in pieces." Tefft said.
left, and only Moses remained. There were remnants of past projects strewn across the nearly empty building—splintered boards with protruding rusty nails, spare parts to obsolete equipment and other useless objects.
However, because the mechanical engineering labs are scheduled to be raked before the model is completed, the
Most of the other inhabitants of the building had already
The operation itself wasn't delicate, but it was swift. Workers in hard hats briskly sawed through the wall, attached a long chain to the wall and, with the help of a sturdy forklift, ripped it open.
Although Tefft she didn't the mother type, he nervously surveyed the entire process, and hoped a new leader
Finally he appeared—an impressive figure peering stoically through the mangled boards and crumbling plaster. Strong and dignified, Moses seemed oblivious to the mass of confusion around him.
Moses is still in the wax stage of preparation, still a long way from becoming the massive bronze cast that will eventually adorn an area in front of Smith Hall, across from the Kansas Union.
His head looked smooth and almost perfected compared with his rough torso that was covered with crusty patches of melted wax. At various places on the statue were molded patterns, and he said were markers for certain parts of the design plan.
"Look at that. This guy's got antennas," one passer-by said as the crew of designers, workers, photographers and onlookers began a precarious procession down the road past Murphy Hall.
"No. Moses is just going in for an acupuncture treatment," a worker said.
The procession had drawn quite a crowd by then, and Teft roused proudly on the forklift with his work on display. The procession crossed the intersection of 15th Street and 69th Street, where he was standing as motorists pondered what in the world was going on.
When the final destination, the Learned structure laboratories, was reached, the whole crew was relieved and the team returned to work.
"We finally made it," Tefft said as the forklift lowered Moses safely to the floor. The scene was a study in control, with the only equipment of engineering labs were no match for the air-conditioned, freshly painted and expansive structure laboratory in the basement.
For Teft, there will be at least two more years of work before Moes is finished. He said he expected to cast the mould next summer. Moes is designed to be constructed in segments, Teft said, and will weigh almost two tons.
The center of attention
Linda Lovelace answered questions from students that gathered by the Memorial Campanile, the site of some yesterday's
filming. Lovelace told her audience that the life of a porno queen wasn't a bad one.
By Kansan Photographer JOYCE MENDELSON
Curious fans trail Lovelace filming
3v BRUCE JANSSEN
Reporter
Linda Lovelace, literally the talk of the town, made her appearance at the University of Kansas yesterday as filming for the movie "Linda Lovelace for President."
In the shadow of the Memorial Campanile and along sunny Jayhawk Boulevard, Lovelace's followers gathered in generally groups to watch and participate in the filming.
Photographers, both amateur and professional, swarmed around the star of the picture in an apparent attempt to capture what was spent in a vain search for her yesterday.
Casey Williams, the wardrobe mistress who fooled many at Wednesday's shooting when she filled in for Lovelace, was absent yesterday.
During the morning and early afternoon, filming took place around the Campanile. Lovelace, dressed first in a revealing, full-length white dress and later in a yellow dress that fell below the knee, smiled throughout most of the warm, autumn day.
Between scenes, Lovelea spoke about her unusual acquired fame, her feelings and her experiences with the camera.
"Now I'm doing what I want to do," she said, comparing her best known movie, "Deep Throat," to her present picture, which she said would be released in different versions in order to obtain favorable ratings.
When asked whether an X-rated version of the movie might contain explicit sex scenes, Lovelace said, "You'll just have to come see it for yourself."
She said the movie was a crazy comedy, which included scenes at a political convention and a cross country fund-raising junket.
She said she had received many offers to do movies since "Deep Throat," and she had been reading about six scripts a week.
Her next movie, "Kate and the Bloody Benders" will apparently be shot entirely on location in Kansas. Lovelace didn't say when filming for that movie would start,
Senate proposes change in language requirement
Bv ALAN MANSAGER
Senate Reporter
A proposal to change the foreign language requirement of the College of Liberal Arts and Sciences is being written by the Student Senate.
"I don't think the requirements should be completely eliminated." Chris david, chairman of the committee, said yesterday.
She said the cultural aspect of the language requirement program was good.
"The theory behind it is fantastic, but the language courses are not tailored to suit those needs" ,the said
To accomplish the course impact in a college setting, we continue decided to promote a program in which a student could take the first 10 hours of a foreign language and the last six in a cultural area related to that language but not necessarily in the language.
She said a student would have the option of taking all 16 hours of the foreign language if he desired.
Another option, she said, was to take 10 hours of a foreign language and only three hours of a cultural course taught in that language.