Legality of protest debated

In the wake of last Thursday's removal of nearly 14,000 copies of The Daily Pennsylvanian from campus distribution boxes, a question on the minds of many is whether or not the action was legal. According to legal precedent, the theft by a group calling itself the "Black Community" was entirely illegal, although statements from the "Black Community" argue the confiscation was well within their First Amendment right. In 1987, four University of Florida students -- charged with stealing several hundred copies of a free conservative newspaper -- were each sentenced to six months of unsupervised probation, 25 hours of community service and $100 in court costs, acccording to The Gainesville Sun. The charges were filed by Florida's assistant state attorney, who said the theft of any publication -- free or not -- deprives the public of its rights to those materials. And in a statement, President Sheldon Hackney defended the DP's right to publish under protection of the First Amendment and said "any alleged violations" of University policy will be investigated following "established University procedures." Hackney -- noting that "two important University values, diversity and open expression, seem to be in conflict" -- stopped short of condemning the theft, however. But in 1987, after former Wharton Dean Russell Palmer ordered the removal of several hundred copies of the DP from Wharton distribution sites, Hackney said the removal of the papers violates the University's contract with the DP. "[The confiscation] is inconsistent with the contractual arrangement between the University and The Daily Pennsylvanian," Hackney said in a statement at the time. "I want to make it clear that any member of the University who is responsible for any such future incidents should expect to be held accountable." Under a 1984 agreement with the DP, the University pledges to allow distribution of the paper "in campus buildings and facilities in a non-disruptive fashion at any time such buildings or facilities are open." DP Executive Editor Stephen Glass said last night that he believes the stealing of the papers is illegal, and that he has been in contact with the paper's attorneys. "It is unquestionably clear that the theft of The Daily Pennsylvanian is illegal," he said. "We expect the University to hold those individuals and groups responsible for this illegal action accountable. Our attorneys have contacted the general counsel and they are aware of the illegal nature of the theft." But according to a statement released last night by "Members of The Black Community" -- the individuals or groups behind the theft have yet to publicly claim any responsibility -- the confiscation of the newspapers was within the group's First Amendment rights. "The decision to help ourselves to 14,200 free copies of the Daily Pennsylvanian was in no way an illegeal or criminal act," the statement reads. "If there is any question as to the legality of our actions our political protest is protected by the First Amendment which upholds any behavior that is an attempt to convey a specific message." University Police Commissioner John Kuprevich said Thursday that the individuals who stole the copies of the DP will not be held criminally responsible. "At this point there are no criminal charges that apply because the paper is being put out free at access points to be taken," he said. Kuprevich added last night that he is currently treating the case as an open expression issue and said he is "not charging anyone with any criminal violations." Glass said last night that the DP asked the University to protect the newspapers this week because of reports that a similiar incident may occur. "On the basis of numerous tips that the newspapers would be stolen again, the DP has asked the University to comply with its agreement to provide unfettered distribution of the newspaper," he said. "The University has rejected this request." Executive Director of the President's Office John Gould said the papers will be protected. "The University recognizes the right of the DP to distribute its papers," he said. "The University will follow all procedures and use all of its resources to protect that right." Kuprevich said that while the University Police will do everything it can to help protect the newspapers, he feels that the task is too large to handle completely. "We will have officers being vigilant and watchful . . . ," he said. "We will do everything that we can. Beyond protecting the right of the distribution of the DP there's also everything else that continues to go on in the society around us."

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