Powe v. Miles
Encyclopedia
Powe v. Miles reversed a lower court decision, United States District Court for the Western District of New York
, F.R.Civ. P. 65(a) (2), on an appeal
of the court's decision that the District Court did not have jurisdiction
on the case as Alfred University (Miles was President of the university), the defendant
, was a private institution.
The court ruled that though Alfred University was a private institution, the College of Ceramics within the university was a public institution due to its state funding and governorship hence the court did have jurisdiction to hear the case of those plaintiffs who were students of the College of Ceramics. Those students from other parts of Alfred University were not within the court's jurisdiction as Alfred University did not meet the court's criteria for being a public institution.
during the part of the ceremony
in which participated the ROTC unit. The purpose of the demonstration was to advocate scholarships for black students, add the teaching of Afro-American history to the curriculum
, end compulsory ROTC at the university, and advocate an end to the Vietnam War
which was then in progress. The demonstration was non-violent though the signs of the demonstrators did block the view of some people attending the ceremony. The demonstrators positioned themselves such that during the ROTC ceremony which included dignitaries presenting awards to members of the ROTC unit, the dignitaries must walk from the reviewing stand through the line of demonstrators to the ROTC recipients arrayed on the review field.
The Dean of Students requested the demonstrators to move citing the demonstration did not meet the university's policy
on demonstrations as the demonstration was obstructing the ceremony and prior notice
of the demonstration had not been provided to university officials. Some of the demonstrators moved to the side of the field sitting down while still holding their signs. The remainder stayed firm in their positions. The Dean of Students then announced the remaining students were suspended and would be provided a hearing
as to whether they should be expelled from the university the next day. The ROTC ceremony was conducted despite the demonstration and after the ceremony completed, the demonstrators left the field of their own accord.
The next day, the faculty-staff board reviewing the suspension adjourned without a decision until the students could be represented by counsel. After re-convening, the board recommended to President Miles of the university that the students “be separated forthwith from the University.” The President instead suspended the students for the remainder of the current semester and the next semester with leave to apply for readmission in the following year. The students were allowed to take final examinations off campus and receive credit for their coursework.
The students sued alleging violation of the Civil Rights Act
, 42 U.S.C., asking the court to provide temporary and final injunction
s compelling the university to reinstate them immediately without any penalties, a judgment declaring the university’s Policy on Demonstrations to be void, and damages. The students were from two different parts of the university, some were liberal arts students and some were students of the College of Ceramics.
, specifically the right to freedom of expression, violated?
The court determined the students' civil rights were not violated as (1) they had not adhered to the university demonstration policy by giving prior notice yet prior planning was obvious and such notice could have been given (2) the students who moved, though still demonstrating, were not punished by the university as they were no longer obstructing the ceremony.
United States District Court for the Western District of New York
The United States District Court for the Western District of New York is the Federal district court whose jurisdiction comprises only a part of New York....
, F.R.Civ. P. 65(a) (2), on an appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
of the court's decision that the District Court did not have jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
on the case as Alfred University (Miles was President of the university), the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, was a private institution.
The court ruled that though Alfred University was a private institution, the College of Ceramics within the university was a public institution due to its state funding and governorship hence the court did have jurisdiction to hear the case of those plaintiffs who were students of the College of Ceramics. Those students from other parts of Alfred University were not within the court's jurisdiction as Alfred University did not meet the court's criteria for being a public institution.
Facts
During the annual Parents Day celebration at Alfred University on May 11, 1968, a group of students and faculty staged a demonstrationDemonstration (people)
A demonstration or street protest is action by a mass group or collection of groups of people in favor of a political or other cause; it normally consists of walking in a mass march formation and either beginning with or meeting at a designated endpoint, or rally, to hear speakers.Actions such as...
during the part of the ceremony
Ceremony
A ceremony is an event of ritual significance, performed on a special occasion. The word may be of Etruscan origin.-Ceremonial occasions:A ceremony may mark a rite of passage in a human life, marking the significance of, for example:* birth...
in which participated the ROTC unit. The purpose of the demonstration was to advocate scholarships for black students, add the teaching of Afro-American history to the curriculum
Curriculum
See also Syllabus.In formal education, a curriculum is the set of courses, and their content, offered at a school or university. As an idea, curriculum stems from the Latin word for race course, referring to the course of deeds and experiences through which children grow to become mature adults...
, end compulsory ROTC at the university, and advocate an end to the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
which was then in progress. The demonstration was non-violent though the signs of the demonstrators did block the view of some people attending the ceremony. The demonstrators positioned themselves such that during the ROTC ceremony which included dignitaries presenting awards to members of the ROTC unit, the dignitaries must walk from the reviewing stand through the line of demonstrators to the ROTC recipients arrayed on the review field.
The Dean of Students requested the demonstrators to move citing the demonstration did not meet the university's policy
Policy
A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol...
on demonstrations as the demonstration was obstructing the ceremony and prior notice
Notice
Notice is the legal concept in which a party is made aware of a legal process affecting their rights, obligations or duties. There are several types of notice: public notice , actual notice, constructive notice, and implied notice....
of the demonstration had not been provided to university officials. Some of the demonstrators moved to the side of the field sitting down while still holding their signs. The remainder stayed firm in their positions. The Dean of Students then announced the remaining students were suspended and would be provided a hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
as to whether they should be expelled from the university the next day. The ROTC ceremony was conducted despite the demonstration and after the ceremony completed, the demonstrators left the field of their own accord.
The next day, the faculty-staff board reviewing the suspension adjourned without a decision until the students could be represented by counsel. After re-convening, the board recommended to President Miles of the university that the students “be separated forthwith from the University.” The President instead suspended the students for the remainder of the current semester and the next semester with leave to apply for readmission in the following year. The students were allowed to take final examinations off campus and receive credit for their coursework.
The students sued alleging violation of the Civil Rights Act
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
, 42 U.S.C., asking the court to provide temporary and final injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
s compelling the university to reinstate them immediately without any penalties, a judgment declaring the university’s Policy on Demonstrations to be void, and damages. The students were from two different parts of the university, some were liberal arts students and some were students of the College of Ceramics.
Issue
Did the court have jurisdiction to hear the case and if so, were the students’ civil rightsCivil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
, specifically the right to freedom of expression, violated?
Answer
The court did have jurisdiction to hear the case for the students of the College of Ceramics, a state funded part of the university, but not for the liberal arts students as the university as a whole had insufficient state sponsorship or governance. The court then decided the students’ civil rights were not violated.The court determined the students' civil rights were not violated as (1) they had not adhered to the university demonstration policy by giving prior notice yet prior planning was obvious and such notice could have been given (2) the students who moved, though still demonstrating, were not punished by the university as they were no longer obstructing the ceremony.