DIY History | Transcribe | Campus Culture | Student protests, 1972-1973 | 1972-02-16 Des Moines Register Article: ""Appeal Won By Reporter"" 1972-03-18 ICPC: ""Charges Against 8 Dropped""

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Student protests, 1972-1973

1972-02-16 Des Moines Register Article: ""Appeal Won By Reporter"" 1972-03-18 ICPC: ""Charges Against 8 Dropped""

2/16/72

APPEAL WON BY REPORTER

By Larry Eckholt
(Register Staff Writer)

IOWA CITY, IA - The conviction of an Iowa City newspaper reporter who was arrested during last May' student unrest here has been overturned by Johnson County District Judge Ansel Chapman. 
Judge Chapman dismissed a charge of disobeying a police officer against Thomas C. Walsh, 21, and declared a section of the Iowa City Municipal Code - which has already been repealed by the city - unconstitutional. 
Walsh was a reporter for the Iowa City Press-Citizen during last spring's disturbances here. He is now editor of the Daily Iowan. the University of Iowa student newspaper. 
Walsh was arrested May 6 while standing with a group of newsmen covering the unrest in downtown Iowa City. Testimony at his trial disclosed that the arrest came a few minutes after a policeman told the newsmen to "move along."
The reporters were standing on a sidewalk watching police bring persons under arrest to a bus, testimony showed. A photographer was arrested with Walsh but the charge was later dropped. 
Walsh first had been charged with disorderly conduct, but that charge was changed to disobeying a police officer shortly before he was to stand trial May 17. 
Police Judge Joseph Thornton found Walsh guilty, fined him $100 and noted that police orders to clear areas in times of civil unrest applied to the working press also. 
William Tucker, Walsh's attorney, challenged the constitutionality of the ordinance in an appeal to district court. The ordinance says that "it shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a police officer."
Judge Chapman declared that section "unconstitutional and void on its face because it is so vague and broadly structured that it subjects one to an unreasonable standard of conduct. It requires a man of reasonable intelligence to only guess at its meeting, and allows the sole determination of its applicability to rest upon the unguided judgment of a police officer."
City Atty. Jay Honohan said Tuesday the city had already repealed that section of the code when its new disorderly conduct ordinance was adopted following the May unrest. The new ordinance contains more precise definition of what conduct is unlawful. 

P-C 3/18/72

Charges Against 8 Dropped. 

Eight of 12 persons charged for disorderly conduct and criminal trespass during last Thursday night's demonstrations were dismissed in Iowa City Police Court today. 
Dismissed were disorderly conduct charges against:

Linda Becker, 3210 Burge; Beth Karson 324 Burge; Cindy Long 3210 Burge; Cathyrn Molony, 2201 Burge; Donald Hoss, Marshalltown; Gary Herdlicks, 38 Forestview Street; Bill Sanger, 2709 Wayne Avenue; and Robert Smith, 707 North Dubuque Street.

Sue Sackley, 19, of 1532 Burge and Michael Herriot, 19, Ottumwa, were released of criminal trespass charges. 

Richard Mullin, Sioux City, was found guilty of a criminal trespass charge. He was fined $105, which he indicated he will appeal.

While only one person was found guilty today, 10 persons were found guilty Monday of disorderly conduct stemming from last Tuesday night's troubles. They are:

Stephen Beck, 20, of 420 South Currier Hall; Benjamin Clark, 19, North Liberty; Charles Eastman, 31, of 5332 Currier Hall; Kenneth May, 20, no address given; Richard McGlaughlin, 24, Muscatine; Clarke F. Rieck, 19, of 24 North Van Buren Street; Ellen Reick, 24, of 24 North Van Buren Street; Gail Rodgers, 19, of 449 North Riverside; John E. Van Blaircome, 19, Fairfield; and Robert T. Yeager, 21 of 4611 Lakeside Apartments. 

Yeager, who was charged with two counts of disorderly conduct, had one count dismissed. May had a charge of obstructing an officer against him dropped. 

Roger Day, Davenport and Willard G. Eggers, 22, no address given, were found not guilty on disorderly conduct charges. Thomas L. Henning 27, of 115 North Dubuque Street had his case dismissed. He was charged with disorderly conduct. 

William Bourland, 18, North 206 Hillcrest, pleaded guilty to a disorderly conduct charge. 

Fines for the disorderly conduct charges were $105 per charge.

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2/16/72 APPEAL WON BY REPORTER By Larry Eckholt (Register Staff Writer) IOWA CITY, IA - The conviction of an Iowa City newspaper reporter who was arrested during last May' student unrest here has been overturned by Johnson County District Judge Ansel Chapman. Judge Chapman dismissed a charge of disobeying a police officer against Thomas C. Walsh, 21, and declared a section of the Iowa City Municipal Code - which has already been repealed by the city - unconstitutional. Walsh was a reporter for the Iowa City Press-Citizen during last spring's disturbances here. He is now editor of the Daily Iowan. the University of Iowa student newspaper. Walsh was arrested May 6 while standing with a group of newsmen covering the unrest in downtown Iowa City. Testimony at his trial disclosed that the arrest came a few minutes after a policeman told the newsmen to "move along." The reporters were standing on a sidewalk watching police bring persons under arrest to a bus, testimony showed. A photographer was arrested with Walsh but the charge was later dropped. Walsh first had been charged with disorderly conduct, but that charge was changed to disobeying a police officer shortly before he was to stand trial May 17. Police Judge Joseph Thornton found Walsh guilty, fined him $100 and noted that police orders to clear areas in times of civil unrest applied to the working press also. William Tucker, Walsh's attorney, challenged the constitutionality of the ordinance in an appeal to district court. The ordinance says that "it shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a police officer." Judge Chapman declared that section "unconstitutional and void on its face because it is so vague and broadly structured that it subjects one to an unreasonable standard of conduct. It requires a man of reasonable intelligence to only guess at its meeting, and allows the sole determination of its applicability to rest upon the unguided judgment of a police officer." City Atty. Jay Honohan said Tuesday the city had already repealed that section of the code when its new disorderly conduct ordinance was adopted following the May unrest. The new ordinance contains more precise definition of what conduct is unlawful. P-C 3/18/72 Charges Against 8 Dropped. Eight of 12 persons charged for disorderly conduct and criminal trespass during last Thursday night's demonstrations were dismissed in Iowa City Police Court today. Dismissed were disorderly conduct charges against: Linda Becker, 3210 Burge; Beth Karson 324 Burge; Cindy Long 3210 Burge; Cathyrn Molony, 2201 Burge; Donald Hoss, Marshalltown; Gary Herdlicks, 38 Forestview Street; Bill Sanger, 2709 Wayne Avenue; and Robert Smith, 707 North Dubuque Street. Sue Sackley, 19, of 1532 Burge and Michael Herriot, 19, Ottumwa, were released of criminal trespass charges. Richard Mullin, Sioux City, was found guilty of a criminal trespass charge. He was fined $105, which he indicated he will appeal. While only one person was found guilty today, 10 persons were found guilty Monday of disorderly conduct stemming from last Tuesday night's troubles. They are: Stephen Beck, 20, of 420 South Currier Hall; Benjamin Clark, 19, North Liberty; Charles Eastman, 31, of 5332 Currier Hall; Kenneth May, 20, no address given; Richard McGlaughlin, 24, Muscatine; Clarke F. Rieck, 19, of 24 North Van Buren Street; Ellen Reick, 24, of 24 North Van Buren Street; Gail Rodgers, 19, of 449 North Riverside; John E. Van Blaircome, 19, Fairfield; and Robert T. Yeager, 21 of 4611 Lakeside Apartments. Yeager, who was charged with two counts of disorderly conduct, had one count dismissed. May had a charge of obstructing an officer against him dropped. Roger Day, Davenport and Willard G. Eggers, 22, no address given, were found not guilty on disorderly conduct charges. Thomas L. Henning 27, of 115 North Dubuque Street had his case dismissed. He was charged with disorderly conduct. William Bourland, 18, North 206 Hillcrest, pleaded guilty to a disorderly conduct charge. Fines for the disorderly conduct charges were $105 per charge.