DIY History | Transcribe | Campus Culture | Student protests, 1972-1973 | 1972-02-15 Iowa City Press-Citizen Article: ""City Ordinance Void; Reporter's Case Dismissed

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Student protests, 1972-1973

1972-02-15 Iowa City Press-Citizen Article: ""City Ordinance Void; Reporter's Case Dismissed

P-C 2/15/72

City Ordinance Void; Reporter's Case Dismissed

A city ordinance under which a one time Press-Citizen reporter was charged and found guilty while covering last May's campus disturbances has been found unconstitutional. 
District Judge Ansel J. Chapman's ruling upholding a challenge by counsel for the Press-Citizen dismissed the city's charge against Thomas C. Walsh. The city could appeal the judge's ruling against the constitutionally of the ordinance but the case against Walsh cannot be reinstated. 

City Atty. Jay H. Honohan said he does not plan an appeal. He said he believes that the city's new disorderly conduct ordinance covers such situations and answers the constitutional objections found by the judge. 
Walsh was charged with failure to obey the lawful order of a police officer, found guilty and fined $100 in Police Court. The conviction was appealed to district court and the ruling dated Monday was made on a demurrer to the charge. 
In his ruling Judge Chapman held the ordinance:
".... is unconstitutional and void on its face because it is so vague and broadly structured that it subjects one to an unascertainable standard of conduct. It require a man of reasonable intelligence to only guess at its meaning, and allows the sole determination of its applicability to rest upon the unguided judgment of a peace officer."

The ruling also stated in part:
"Fundamental due process required that penal laws be written in such a manner that men of common intelligence have reasonable notice of the prohibited conduct and the court and jury have an ascertainable standard for determining guilt.... Laws so vague that a person of common understanding cannot know what is forbidden are unconstitutional on their face...
"And so in this case the present ordinance is both vague
RULING Turn to Page 2A

Ruling 
From Page 1A
and overbroad. Under the terms of the ordinance an officer has untrammelled discretion to create criminal activity by simply issuing an order which is disobeyed. It is not enough to say that a trial should be held to determine the lawfulness of the order in the context in which it was issued and in light of the conduct sought to be suppressed. 

"The person charged is entitled to more than an after the fact determination; he is entitled to ascertainable standards and guidelines which furnish a prior determination of lawfulness."

Judge Chapman said the city does have authority to issue a "lawful order" ordinance. But, he declared such "an ordinance must relate to a compelling public interest which is subject to regulatory action."

The ruling came on narrow grounds. Not touched upon was a contention that the city's action constituted an inhibition of constitutionally guaranteed rights of free expression. 

Walsh was arrested last May 6 on a charge of disorderly conduct. Just before his trial in Police Court May 17, the charge was changed to one of failure to comply with the lawful order of a police officer. 

A student at the University of Iowa then and now, Walsh left the Press-Citizen last May, and became editor of the Daily Iowan, UI student newspaper, In August.

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P-C 2/15/72 City Ordinance Void; Reporter's Case Dismissed A city ordinance under which a one time Press-Citizen reporter was charged and found guilty while covering last May's campus disturbances has been found unconstitutional. District Judge Ansel J. Chapman's ruling upholding a challenge by counsel for the Press-Citizen dismissed the city's charge against Thomas C. Walsh. The city could appeal the judge's ruling against the constitutionally of the ordinance but the case against Walsh cannot be reinstated. City Atty. Jay H. Honohan said he does not plan an appeal. He said he believes that the city's new disorderly conduct ordinance covers such situations and answers the constitutional objections found by the judge. Walsh was charged with failure to obey the lawful order of a police officer, found guilty and fined $100 in Police Court. The conviction was appealed to district court and the ruling dated Monday was made on a demurrer to the charge. In his ruling Judge Chapman held the ordinance: ".... is unconstitutional and void on its face because it is so vague and broadly structured that it subjects one to an unascertainable standard of conduct. It require a man of reasonable intelligence to only guess at its meaning, and allows the sole determination of its applicability to rest upon the unguided judgment of a peace officer." The ruling also stated in part: "Fundamental due process required that penal laws be written in such a manner that men of common intelligence have reasonable notice of the prohibited conduct and the court and jury have an ascertainable standard for determining guilt.... Laws so vague that a person of common understanding cannot know what is forbidden are unconstitutional on their face... "And so in this case the present ordinance is both vague RULING Turn to Page 2A Ruling From Page 1A and overbroad. Under the terms of the ordinance an officer has untrammelled discretion to create criminal activity by simply issuing an order which is disobeyed. It is not enough to say that a trial should be held to determine the lawfulness of the order in the context in which it was issued and in light of the conduct sought to be suppressed. "The person charged is entitled to more than an after the fact determination; he is entitled to ascertainable standards and guidelines which furnish a prior determination of lawfulness." Judge Chapman said the city does have authority to issue a "lawful order" ordinance. But, he declared such "an ordinance must relate to a compelling public interest which is subject to regulatory action." The ruling came on narrow grounds. Not touched upon was a contention that the city's action constituted an inhibition of constitutionally guaranteed rights of free expression. Walsh was arrested last May 6 on a charge of disorderly conduct. Just before his trial in Police Court May 17, the charge was changed to one of failure to comply with the lawful order of a police officer. A student at the University of Iowa then and now, Walsh left the Press-Citizen last May, and became editor of the Daily Iowan, UI student newspaper, In August.