Judge Hears Evidence in ECU Editor's Suit

This article describes legal action taken by former Fountainhead editor Robert Thonen after his expulsion for printing an obscenity in the student newspaper. This and other articles may be found in the University Archives.

Citation for this article is: Savage, Stuart. "Judge Hears Evidence in ECU Editor's Suit," The Daily Reflector, August 8, 1971.

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New Bern-U.S. District Judge John Larkins yesterday heard testimony in a case against East Carolina University officials brought by Robert Thonen, former editor of the ECU student newspaper "Fountainhead," who was suspended last spring for allowing abusive language to be published in the paper.

Thonen and William Schell, author of the letter which contained the four-letter word in the salutation, filed the complaint with the U.S. Eastern District Court several months ago, seeking among other things $25,000 in damages from ECU president Dr. Leo Jenkins, Dean of Student Affairs James H. Tucker, Associate Dean of Students Jim Mallory and student Attorney General Henry Gorham.

Thonen, currently employed in the production department of the paper as a type-setter, was readmitted to school under a temporary restraining order issued by Judge Larkins as was Schell, pending the final disposition of their complaint.

Thonen testified that he had had conversations with Dr. Jenkins about the use of four letter words and was told it was "not a good idea . . ." to use them, prior to the publication of the Schell letter.

But Thonen told the court it was the policy of the Publications Board (the publishers of the paper) and his personal policy to publish anything that was not illegal.

Under cross examination of Thonen by N.C. Assistant Attorney General A.A. Vanore, Thonen said, "I disagreed with the effectiveness . . ." of using four letter words, but termed it "unethical for me to dictate opinion..."

The former editor said that in a survey of students last January, more than 50 per cent indicated they supported the policy of allowing four letter words to be published, but less than 50 per cent said they should be used.

"I personally don't use four letter words...I think it hurts...but others have a different opinion.."

A history major from Alexandria, Virginia, Thonen said the school newspaper has a "captive audience" and all students should have "an equal opportunity to be heard."

Dr. Jenkins testified that he felt the saluation using the four letter word was "offensive, in poor taste and not in the best interest of our institution."

The university president said Thonen had indicated he "...didn't think much of its effectiveness (the use of four letter words)...but had the duty to do this type of thing (publish comments and opinions of others)."

Jenkins said Thonen was suspended by the University Board after Thonen was charged with violating the campus code prohibiting the use of abusive language. Schell, the university president explained, dropped out of school on his own accord, then applied to re-admission for Summer School.

Jundge Larkins, who gave both the plaintiff and the defendents until August 30 to file briefs in the case, is expected to enter a judgement sometime in early September.