Wednesday, October 22, 1980
daily nebraskan
page 3
Student's suit scheduled Oct. 34
By Patti Galbgher
A UNL student's claiming denial of First Amendment
rights and defamation of character against Randy Essex,
Daily Nebraskan editor in chief, is to be heard Oct. 30,
said Scott Cook, chief justice of the UNL Student Court.
Cook said UNL student Willie Watters filed the suit last
Wednesday. Essex filed answer to Watter's claims Tuesday.
The suit is a result of actions surrounding the James
Coe letter incident. Watters wrote two letters to the Daily
Nebraskan critical of Essex's Involvement in the incident.
Neither letter was published.
Essex was part in the transfer of the Coe letter from
the Daily Nebraskan office to UNL Publications Board
member Hubert Brown. Brown gave the letter to Sen.
Ernie Chambers of Omaha.
The May letter concerned Coe's donation of 1300
South African Krugerrands to the NU Foundation. The
donation has been criticized as symbolizing racism.
Watter's letters to the editor, dated Sept. 5 and Sept.
18, were not published, according to Essex, because of the
legal sensitivity of the matter. Watters contends the denial
to publish the letters constitutes censorship and denies
him First Amendment rights.
Number of car fatalities
in Nebraska increases
The number of auto fatalities in Nebraska has increased
this year, said Steve Anderson of the State Department of
Motor Vehicles.
Records at the department show that in the first eight
months of last year, there were 182 fatal accidents with
218 fatalities, compared with 219 and 253 this year.
"This is about a 20 percent increase," Anderson said.
Anderson said late night single vehicle accidents are
up a "tremendous amount" and have a 13 fatality rate
per accident. Single vehicle accidents are running off the
road and hitting fixed objects. Two vehicle accidents,
total accidents and injuries have decreased, Anderson
said.
The reason for the fatality increase is not clear, he said.
"It's just one of those things we can't put a finger on.
But, when you think of late night single vehicle accidents
you have to believe drinking was involved."
According to the records at the department, there have
been 87 fatalities involving alcohol from January to Aug
ust this year, compared with 76 during the same time per
iod last year.
Fatalities for the age 19-24 age group have increased
from 69 last year to 72 this year. Fewer male drivers have
been involved in accidents this year, but the fatality rate
has increased from 235 to 268. The same holds true for
female drivers-less total accidents but an increase in fatal
ities from 49 to 61.
WORK
Do you have a needed class that doesn't fit
into your preregistration puzzle?
An independent study by correspondence
course may be the solution. You tailor it to
fit your schedule by completing coursework
at your place and pace. A wide variety of
college credit courses are available through
the UNL Division of Continuing Studies.
Call Mrs. Molly Cunningham at 472-1933 or
come to 511 Nebraska Hall.
UNL does not discriminate
in its academic, admissions
or employment programs
and abides by all federal
regulations pertaining to
same.
Walters further claimed that an Oct. 10 editorial writ
ten by Essex implied that he had threatened Essex and de
famed his character. The editorial reviewed the content of
Watter's letters and outlined the policy for letter publica
tion. Watters' suit asks for four points. They include enjoin
ing Essex from action as editor, the opportunity to re
spond and defend himself against Essex's editorial com
ments, the adoption of a letters to the editor policy con
sistent with the Daily Nebraska's goal as a student news
paper and a public apology from Essex.
Essex's answers to Watter's claims asks for dismissal
of the case.
According to Essex's answer statement, the plaintiffs
petition lacks jurisdiction within the student court and
cause of action.
Essex maintains that there exists no "constitutional
right to have a letter to the editor published" and that
Watters has failed to show how he was defamed.
Essex's statement said the Publications Board is the
only body delegated to responsibility to Daily Nebraskan
action, by mandate of the NU Board of Regents.
Because the Publications Board has heard Watters'
complaints and taken no action, Essex said he asked for
the dismissal.
Cook declined comment on the case because of con
flicting viewpoints. He said that when the court convenes,
it will first consider Essex's dismissal.
If the case is not dismissed, Cook said, Essex will then
have four days to prepare a defense to Watters' suit.
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