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Torney cleared of all charges

SIUC senior Marc Torney was cleared of all charges regarding his involvement with an anti-war demonstration last March that sparked a debate over the University's controversial free-speech policies.

A crowd of about 100 supporters and observers, some holding "Free Speech" signs with duct tape covering their mouths, cheered as Judicial Affairs Coordinator Terry Huffman acquitted Torney on charges of disorderly conduct, disobedience and violating duly promulgated policies on demonstrations after an hour-long hearing Friday at the SIU Arena.

"I think we struck a blow for freedom of expression at college campuses today," Torney said. "I think we're one step closer to getting a fair, just and constitutional freedom of speech policy on this campus."

Chancellor Walter Wendler, in a letter Huffman read aloud, said the current policy is one he inherited and that he has asked Larry Dietz, vice chancellor for Student Affairs and Enrollment Management, to work on a revised policy to introduce to the Board of Trustees. Wendler said he hopes a new policy will be in place by the end of the fall semester.

"The University is an intellectual marketplace," Wendler's letter stated. "To stifle the exchange of ideas undermines our very purpose."

The charges against Torney stemmed from an incident on March 19 when a group of students organized a "Die In" outside the north entrance to the Student Center to protest the one-year anniversary of the Iraq war.

While about 15 members of the Southern Illinois Peace Coalition lay on the ground covered in fake blood, Torney passed out flyers telling people where they could find alternative news coverage of the war.

SIUC police arrived after receiving complaints about the demonstration and approached Torney at the scene. Their subsequent conversation became the source of the charges against Torney.

The first charge, disobedience for failure to comply with SIUC police officers, stemmed from Torney's reluctance to give police his identification. Torney admitted he did not immediately give police his student identification card, but said he was within his rights under the 14th Amendment's Due Process Clause to ask why the police wanted it. Torney eventually produced identification.

"Perhaps Webb didn't like me because I asked for my rights as a citizen of the United States," Torney said.

The second charge, disorderly conduct, was a result of the officers' contention that Torney and the group were disruptive because of the complaints the officers received. But Torney was not a member of the group, and witnesses in his defense said his individual conduct was not disorderly.

Eric Carlin, one of the students lying on the ground, said Torney's voice was never raised during his conversation with police.

Another witness, SIUC history professor Robbie Lieberman, was standing outside the Student Center entrance as officers spoke with Torney 15 feet away. She said both the officers present and Torney were having a quiet discussion, as she could not hear what was being said

"It didn't look hostile or angry on either side," Lieberman said.

Torney, with advising attorney Rich Whitney seated next to him, spoke in his own defense as well, criticizing the conduct code's section on disorderly conduct for being too vague. The code contains provisions that allow a student to be charged with disorderly conduct if he or she commits a breach of peace or disturbs or alarms another person.

"This is an illegal charge," Torney said. "It's so vague I cannot possibly know whether I was in violation of it. Disturbing another? Alarming another? Anyone could be said to be alarming someone at any time."

Torney said that if he had been disruptive, the officers should have arrested him at the scene.

"It would be negligible to allow someone like that to walk free," Torney said. "They might alarm someone."

The final charge, violation of duly promulgated policies on demonstrations, was leveled against Torney because the demonstration took place outside the Free Forum Area without prior notice, which is not allowed under the University's current policy.

However, because Torney was not affiliated with the group, he said he could not be held responsible for their actions. None of the protesters on the ground were charged.

In his decision Huffman said the University's policy regarding demonstrations was unclear and that neither the police nor the demonstrators followed guidelines properly. But Torney, he said, could not be held responsible for the incident and was not disorderly or disobedient.

After dismissing the charges, Huffman spoke in defense of the University's actions.

"We have to keep in mind that we do have a policy on demonstrations," he said. "It may not be the best policy in the world, but it's a policy we have to follow until we can get it changed."