Posted on 05/13/2003 5:56:18 AM PDT by CFW
By Kate Carter
kcarter@onlineathens.com
U.S. Supreme Court Justice Clarence Thomas will address UGA's law school graduation Saturday.
When U.S. Supreme Court Justice Clarence Thomas delivers the graduation speech at the University of Georgia School of Law Saturday, it will mark the culmination of a four-month controversy that has piqued emotions and, in some cases, pitted faculty against students.
Nearly four months ago, David Shipley, dean of the law school, announced that Thomas, as a native Georgian and a member of the nation's highest court, would deliver the 2003 commencement address. Shipley and the three students who chose Thomas were criticized by law professor Eugene Wilkes - among others - for choosing a speaker who Wilkes said had a lamentable record on human rights.
But on April 22, a petition signed by 11 faculty members and 50 students sparked new debate. The petition read, ''We, as students, faculty and staff of the law school, have placed our signatures below to express our objection to the process and result of this year's commencement speaker. The process was under-inclusive, clandestine and divisive. The result, too, is divisive and is disrespectful of a substantial number of graduating students and their families.''
Josh Belinfante, president of the Federalist Society and one of the three students who helped select Thomas, said Monday that the petition used overly invective language.
''It went almost to the level of personal attacks,'' said Belinfante. ''I have no problem with people registering opposition or dissent. But neither I, or Megan Jones, or Rebecca Franklin (the other two students responsible for the selection of Thomas) were ever contacted or offered an opportunity to explain what occurred.''
In response to the petition, Belinfante wrote a letter to students, explaining the selection process and registering his disappointment that those who drafted the petition never approached anyone involved in the decision.
He also sent a letter to the faculty who had signed the petition, criticizing them for signing ''something accusing a student-led process of being divisive, clandestine and disrespectful without contacting any of the students.''
Belinfante said that he and some fellow classmates ''who are very supportive and very active in the law school community'' have reduced the amount of money they will contribute to the 2003 class gift.
According to Phyllis Cooke, director of annual giving, the Legacy 2003 Class Gift Program decreased by approximately $2,000 when a ''handful'' of students, who were disturbed by the petition denouncing the selection of Thomas, decided to reduce their gift amount. Cooke said the fund, however, has risen again to $11,896.
Wilkes, who said he has received ''hate-filled'' e-mails from around the country - including one signed ''Mohammed Stalin Hussein'' - said he will deliver his own speech at the Tate Student Center on Saturday. He said he will discuss Thomas's judicial record at the same time Thomas delivers the commencement address.
Wilkes, who has been accused publicly of infrequently attending graduation, said he never made any claim to be a faithful graduation attendee. But he said Thomas's presence ruled out any chance that he would have attended.
''It's been very stressful. It's been very stressful for the law school,'' said Wilkes. ''That's one of the reasons this petition says this is so divisive.''
UGA law professor Jim Ponsoldt said he thinks the debate ''has gotten a little out of hand,'' even though he thinks Thomas should not be able to deliver the graduation speech.
''It's the fact of the graduation speech that makes a difference,'' said Ponsoldt. ''Because it is an endorsement by the law school of him.''
But UGA law professor Ray Patterson, who said he disagrees with most of Thomas's positions, does not think Thomas's invitation to speak at graduation represents an institutional endorsement of Thomas's politics.
''It's a lot of nonsense for people to raise objections to his speaking at the graduation,'' he said. ''I think his position is something that deserves respect, whether you agree with his personal views or not.''
Likewise, Timika Woods, president of the Black Law Student Association, said she does not agree with Thomas's decisions, but does not think he should be banned from delivering the graduation speech. Rather, in a letter to Shipley, Woods said that BLSA members simply expressed disappointment that more students did not have the chance to participate in the selection process.
Shipley said one result of the controversy is a new, formal policy on choosing the graduation speaker. Unlike past years, when the selection has been an informal process, all members of the graduating class can submit nominations, and representatives from all student organizations discuss the nominations and come up with a short list. The dean will then make the final decision, based on the student-generated list of names.
Shipley said that despite the controversy, he believes the ''overwhelming response'' to Thomas's invitation has been positive.
''I know one thing,'' said Shipley. ''Freedom of speech is alive and well here.''
Professional Biographical Information: James F. Ponsoldt joined the University of Georgia School of Law faculty in 1978 and was appointed as the Joseph Henry Lumpkin Professor of Law in 1997. He specializes in the areas of antitrust, corporations, criminal procedure and communications law.
Recent scholarship includes "Entrapment When the Spoken Word is the Crime" in Fordham Law Review (2000) (with Stephen Marsh); "The Judicial Legitimization of Horizontal Price-fixing among Partially Integrated Heath Care Providers: An Antitrust/Health Care Case Study," in the Alabama Law Review (1999) (with Lance McMillian); and "Refusals to Deal in ‘Locked-In' Health Care Markets" in the Utah Law Review (1996).
He is presently working on several articles, including one on Rule of Reason analysis, another on vertical restraints analysis in the EU and the U.S., and a third on race sensitivity in school assignment plans.
Warning: Triple Barf alert is warranted.
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