Word: haynsworth
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...when the Justices don't, the President does. Nixon's failed nominations of Clement Haynsworth and G. Harrold Carswell were hardly the first presidential efforts to strike a geographical balance. George Washington, Simon notes, named "to his first court three Northerners and three Southerners." Abraham Lincoln complained that Justices "trample on the rights of others"; he chose men for the high bench largely because they agreed with him. In general, Simon notes, whenever "the U.S. has faced political, social or economic crises on a broad scale, Presidents have felt a greater compulsion to control the court...
...Haynsworth's opinion restricts its precedent to colleges connected with state governments. But because state universities are most subject to public opinion and political innuendo, campus newspapers at state-operated institutions have been subject to the most administrative meddling in the past decade. The notable examples have been...
...Stanford is a private institution and there are others of its caliber, Harvard included, which would probably take similar action under the same circumstances. Judge Haynsworth has provided relief for the much larger group of state university papers which now have a shield of their own against high-handed administrators and regents with political clout...
...North Carolina Central University, the object of Haynsworth's opinion, the university president halted state funds to the Campus Echo after the paper editorially opposed an increased flow of white students into the predominantly black school. The president, Albert N. Whiting, said the editorial policy was racist and failed to "represent fairly the full spectrum of views" on the campus...
...Haynsworth concluded that Whiting's action amounted to unlawful suppression of students' rights and violated the paper's First Amendment rights. Reversing a lower court decision, he and Judge John D. Butzner found that the Echo posed "no apparent danger of physical violence or disruption" at the university and thus could not be suppressed...