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Commencement protesters argue free speech, lack of event disruption

Judge decides to view video tapes

While preparations for the May graduation ceremony proceeded, the twelve protesters who rallied against speaker Neal Shine, the Detroit Free Press publisher, at December commencement, were brought to court April 25 for a pretrial hearing.

Washtenaw County Circuit Court Judge Timothy Connors said he would view the prosecution's and defense's videotapes of the ceremony before deciding whether to review the case.

The protesters said they were demonstrating their support for the striking Detroit Free Press workers.

The defendants were charged with trespassing and disorderly conduct for disturbing a public meeting. If convicted, they will have to pay $100 in fines or serve 90 days in county jail.

"It's silly - really that's the best description for these charges," said one defendant, Rackham student Erik Fink.

One of the two defense attorneys, Eugene Feingold, proposed a motion to dismiss all charges on the basis that the commencement ceremony was not disrupted.

"Commencement did not break apart - the defendants were arrested and the ceremony went on as planned," Feingold said. "The video shows the demonstrations taking place as Shine is being introduced. Once he started to speak, the demonstrators were removed, so there was not disruption of his speech," he said.

Washtenaw County Assistant Prosecutor Joseph Burke said protesters approached and even harassed commencement participants. "Protesters have a right to be heard, but not in a hurtful way," Burke said.

Feingold said parameters of The University Standard Practice Guide recognize the demonstration as a legitimate exercise of the freedom of speech.

"Protesters have rights just like the speaker, and University policies have encouraged demonstrations such as this," Feingold said. "In fact, the University of Michigan is known for having protests at ceremonies and usually there are no arrests."

The campus chapter of the American Civil Liberties Union sided with the defendants, providing Feingold as their counsel. "Department of Public Safety officials may have violated the University standard of speech and right to expression. Demonstrators were just doing what the constitution said they can do," Feingold said.

One witness said she felt disheartened by the protesters. "It was very disturbing; it took away from the specialness of my graduation," said alum Elizabeth Lewis. "I was looking forward to the ceremony, not the people who were chanting."

Connors said he will deliver a decision later this month.