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Middlesex County Superior Court Judge Thomas Spring yesterday postponed judgment on the status of a temporary restraining order obtained by Harvard last Thursday against the occupation of University Hall by the Organization for Black Unity (OBU). The injunction is now effective until at least January 14.
During the seven-minute hearing yesterday, Harold Wahington, lecturer on Afro-American Studies and lawyer for OBU, argued that the injunction was unconstitutional.
No 'Ample Warning'
Washington said that the University did not give "ample warning" that it was planning to seek the injunction, and that OBU could not be represented at the injunction hearing. He added that the order itself was over broad' and could be applied in a large variety of circumstance.
At a few minutes after 2 p.m. on Dec. 11, Dean May warned the OBU demonstrators inside University Hall that Harvard would seek a restraining order. About 15 minutes later, a hearing on the order began in Superior Court.
Before Washington finished his statement, Superior Court Judge Thomas Spring interrupted him, setting a newhearing for Jan. 14, and recessed the court. Afterward, another lawyer who had observed the hearing apologized to Washington for the conduct of the judge.
In part, the order prohibits the demonstrators "from inciting, promoting, or participating in any riot or tumultuous assembly, or making any loud and excessive noise that interferes with the conduct of normal activities on Harvard's premises." The order also applies to "all persons in active concert or participation" with OBU.
At another hearing in Superior Court yesterday, six students were granted a three-month continuance for their appeal against a conviction of "disturbing the peace." The six had been arrested last Oct. 2 while posting notices for an SDS anti-war march.
Two weeks later. they were fined $200 each in Middlesex Thind District Court. The constitutionality of the statute on disturbance of the peace is now being challenged in state and federal courts.
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