North Carolina Speaker Ban
Encyclopedia
On June 26, 1963, the North Carolina General Assembly
passed the Act to Regulate Visiting Speakers, later known as the Speaker Ban Law. The law forbade anyone to speak on a University of North Carolina
campus who was a known member of the Communist Party, or who was known to advocate overthrow of the Constitution of the United States, or who had invoked the Fifth Amendment
in respect to communist or subversive connections. The law was rushed through in the closing hours of the legislative session with virtually no debate.
To challenge the law, two speakers were invited to campus who were communists under almost any definition. When university officials refused to allow them to speak on campus, students from the university, led by Student Body President Paul Dickson, filed a federal law suit that ultimately declared the Speaker Ban Law invalid due to vagueness
.
To many members of the conservative General Assembly, it seemed that the university was stirring up unrest among blacks, and in the Cold War atmosphere of the early 1960s, communism was feared to be at the root of all of it. Some state legislators believed that if communist agitators were inciting racial unrest and spreading their poisonous message through the university, the right legislation could put an end to it.
After passing in the House, the bill was immediately taken over to the North Carolina Senate chamber. Clarance Stone was presiding over the Senate at the time. When one senator spoke briefly against the bill, Stone responded by saying "No, it sounds like a real good one to me, I think we ought to get this one through." When several other members of the Senate began to rise to speak against the bill, Stone took off his glasses and said he saw no more people wanting to speak. He then called for the voice vote and declared the bill had passed.
Governor Terry Sanford
was against the bill, but at that time the governor of North Carolina could not veto legislation.
's right to freedom of speech, many commentators pointed out the difficulties in determining exactly who was a known communist. Additionally, the law was ridiculed by pointing out that Confederates such as Robert E. Lee
would have been prohibited from speaking because he advocated the overthrow of the United States government.
led by Student Body President Paul Dickson invited Herbert Aptheker
and Frank Wilkinson
to speak on the edge of the campus. As expected, the university refused to allow either of the speakers to give their speeches on campus. Instead, they addressed the assembled crowd from across the stone wall that separates the university from the town of Chapel Hill
.
The university’s refusal to allow the men to speak on the physical campus was used as the basis for a lawsuit against the university and the State of North Carolina. On February 19, 1968, a three judge federal district court in Greensboro
deliberated for 10 minutes and then declared the speaker ban invalid due to vagueness.
North Carolina General Assembly
The North Carolina General Assembly is the state legislature of the U.S. state of North Carolina. The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes...
passed the Act to Regulate Visiting Speakers, later known as the Speaker Ban Law. The law forbade anyone to speak on a University of North Carolina
University of North Carolina
Chartered in 1789, the University of North Carolina was one of the first public universities in the United States and the only one to graduate students in the eighteenth century...
campus who was a known member of the Communist Party, or who was known to advocate overthrow of the Constitution of the United States, or who had invoked the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
in respect to communist or subversive connections. The law was rushed through in the closing hours of the legislative session with virtually no debate.
To challenge the law, two speakers were invited to campus who were communists under almost any definition. When university officials refused to allow them to speak on campus, students from the university, led by Student Body President Paul Dickson, filed a federal law suit that ultimately declared the Speaker Ban Law invalid due to vagueness
Void for vagueness
Void for vagueness is a legal concept in American constitutional law that states that a given statute is void and unenforceable if it is too vague for the average citizen to understand. There are several ways, senses or reasons a statute might be considered vague...
.
Background
In the early 1960s, social unrest over segregation was increasing in parts of North Carolina, and protesters would often make themselves highly visible to the media and lawmakers. Some students and faculty from the university community joined in these protests. While the university had no official involvement with these demonstrations, a link formed in the public perception.To many members of the conservative General Assembly, it seemed that the university was stirring up unrest among blacks, and in the Cold War atmosphere of the early 1960s, communism was feared to be at the root of all of it. Some state legislators believed that if communist agitators were inciting racial unrest and spreading their poisonous message through the university, the right legislation could put an end to it.
Passage
In the waning hours of the 1963 General Assembly session, Rep. Phil Godwin introduced the bill, then called for a suspension of the rules to expedite its passage through the state House of Representatives. There were no committee hearings and no advanced notice that the bill would be brought up, and only several of the bill's supporters had copies of the legislation. The bill passed three readings in four minutes.After passing in the House, the bill was immediately taken over to the North Carolina Senate chamber. Clarance Stone was presiding over the Senate at the time. When one senator spoke briefly against the bill, Stone responded by saying "No, it sounds like a real good one to me, I think we ought to get this one through." When several other members of the Senate began to rise to speak against the bill, Stone took off his glasses and said he saw no more people wanting to speak. He then called for the voice vote and declared the bill had passed.
Governor Terry Sanford
Terry Sanford
James Terry Sanford was a United States politician and educator from North Carolina. A member of the Democratic Party, Sanford was the 65th Governor of North Carolina , a two-time U.S. Presidential candidate in the 1970s and a U.S. Senator...
was against the bill, but at that time the governor of North Carolina could not veto legislation.
Criticism of the law
In addition to the arguments that the Speaker Ban Law violated the First AmendmentFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
's right to freedom of speech, many commentators pointed out the difficulties in determining exactly who was a known communist. Additionally, the law was ridiculed by pointing out that Confederates such as Robert E. Lee
Robert E. Lee
Robert Edward Lee was a career military officer who is best known for having commanded the Confederate Army of Northern Virginia in the American Civil War....
would have been prohibited from speaking because he advocated the overthrow of the United States government.
Legal challenge
After the bill had become law, many students, faculty, and administrators actively opposed the ban, seeing it as an attack on freedom of speech. In order to challenge the law, students at the University of North Carolina at Chapel HillUniversity of North Carolina at Chapel Hill
The University of North Carolina at Chapel Hill is a public research university located in Chapel Hill, North Carolina, United States...
led by Student Body President Paul Dickson invited Herbert Aptheker
Herbert Aptheker
Herbert Aptheker was an American Marxist historian and political activist. He authored over 50 volumes, mostly in the fields of African American history and general U.S. history, most notably, American Negro Slave Revolts , a classic in the field, and the 7-volume Documentary History of the Negro...
and Frank Wilkinson
Frank Wilkinson
Frank Wilkinson was a civil liberties activist, Executive Director of the National Committee Against Repressive Legislation and Executive Director of the First Amendment Foundation....
to speak on the edge of the campus. As expected, the university refused to allow either of the speakers to give their speeches on campus. Instead, they addressed the assembled crowd from across the stone wall that separates the university from the town of Chapel Hill
Chapel Hill, North Carolina
Chapel Hill is a town in Orange County, North Carolina, United States and the home of the University of North Carolina at Chapel Hill and UNC Health Care...
.
The university’s refusal to allow the men to speak on the physical campus was used as the basis for a lawsuit against the university and the State of North Carolina. On February 19, 1968, a three judge federal district court in Greensboro
Greensboro, North Carolina
Greensboro is a city in the U.S. state of North Carolina. It is the third-largest city by population in North Carolina and the largest city in Guilford County and the surrounding Piedmont Triad metropolitan region. According to the 2010 U.S...
deliberated for 10 minutes and then declared the speaker ban invalid due to vagueness.