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OperationCHAOS
Page 1241
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. .. SITUATION INF.ORMATION REPORT
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The court o r d e r procedure, su&essfully employed by college
administrators in recent months (a tactic previously noted and favora-
bly reported in the WSR dated 2 May 1969) is apparently presenting a
mucilaginous problem for the student radical movement. The proce -
dure, in fact, enjoyed so much success in emptying a building of
student occupiers (and keeping it empty) that it has probably found
its place in the contingency plan of academe for next fall.
edly, ampu us administrators subscribing both to the stern authori-
c
a
Undoubt-
-
tarianism of San Francisco State's Hayakawa and the latitudinari-
anism of Cornell's Perkins (and others) have observed with com-
pelling interest the relative success of the court order at Dartmouth,
Howard, George Washington,-*lumbia,
and elsewhere.
e
- .
Evidence that use of the temporary restraining order, the
temporary injunction and the permanent injunction is "bugging" the .
movement was recently found in an article written by two new
lefters and published in the June 14 edition of the Guardian (a weekly,
that claims to be an independent radical paper).
cedes that court orders have been effective due largely to the
"classic weapons" defusing the student movement.
cribed a s "repressive psychological warfare" and compares cur-
rent repression to the-McCarthy e r a %hen an entire population
was terrorized into inactivity.
The authors imply that the coukt
order effect will be minimized if all understand the legai charac-
teristics, the manifestations, the power, and the prerogatives of
the courts.
So then to clarify for one and all (but actually counter-
productively clouding the picture) the following advice is served up
to the would-be protester as what to do after issuance.
-
The article con-
Its use is des-
"Now a choice must be made.
W e can leave the buildings,
postpone rallies and leafleting, and test the order in court a week
o r two later. Although the court will almost always extend the
TRO into a,preliminary injunction, it may delete some provisions
which'limit our freedom to organize, and we can use the court
proceedings to make politicai points.
"clean-hands doctrine" prohibits a court from using its kjunctive
(A legal rule called the
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