With the untimely death of Percy Julian Jr., the state of Wisconsin lost one of its finest citizens. I met Percy in 1966, or was it '65? The first of the anti-war protests had passed and Percy was looking out for University of Wisconsin students arrested for disorderly conduct or some similar charge.
Percy started with the assumption, no matter what the facts, that the government was trampling on at least four or five Amendments to the Constitution, starting with the First. That is not to say that Percy was impulsive or less than scholarly. By the end of 1968, the brilliant son of an equally brilliant scientist, Percy Julian Sr., was to bring the State of Wisconsin and the University of Wisconsin to thier knees with a federal case that was to set the standard for student's free speech.
As the October,1967 Dow Demonstration approached, eight of us went to see Percy, newspapers in hand. The UW administration stated under what circumstances students might be disciplined. They included assertions that advocacy of demonstrating in all of its forms could result in expulsion or at least suspension.
Percy explained to us the concept of 'prior restraint.' We were being intimidated and coerced. We were threatened with sanctions, even if we remained within the law. He would handle the case for the expenses which would run about $200 for filing fees and reproduction costs. Eventually the case would cost Percy, the State and the UW hundreds of thousands of dollars.
The next day, I returned to his office east of the square with $25. Percy said, "That does it, the case will be Soglin v. Kauffman."* When I asked, "Why?" he replied, "You are the first one to show up with any money."
The case was originally heard by federal Judge James Doyle, and ultimately, after the state of Wisconsin appealed, a three judge panel affirmed Doyle's ruling on October 24, 1969:
Administrative sanctions as harsh as those available to the University in this case, as well as criminal statutes, serve to chill the exercise of free speech...
...We only hold that expulsion and prolonged suspension may not be imposed on students by a university simply on the basis of allegations of'misconduct' without reference to any preexisting rule which supplies an adequate guide. The possibility of the sweeping application of standard of 'misconduct' to protected activities does not comport with the guarantees of the first and the Fourteenth Amendment.
I was to see Percy on the afternoon of October 18, 1967, two hours after I had been beaten in the Commerce Building, and about the time the last of the tear gas drifted from Bascom Hill. I was yelling at the hastily retreating Joseph Kaufman. The sight of the dean who had mismanaged the entire affair, and of our lawyer, who had only begun to work on our case was too much.
I began to cry. It was Percy who would recount this in his own description the day's events.
In the days that followed Percy was the target of every powerful politician in the state. My girlfriend was a waitress at, of all places, the Madison Club. At the time the Madison Club only reluctantly admitted Jews and no blacks need apply (The world has changed - I had a meeting there yesterday and again this morning.).
Several times that following week she had stories about how all of the Republicans and many of the Democrats in the legislature were out to get Percy. They wanted to see when he was making phone calls from State Capitol hearing rooms - was he making long distance calls and not paying for them?
They wanted get him disbarred from the legal profession. There was no end to their small but active imaginations.
Over the years Percy and I would discuss politics, humanity, Madison. I once observed that so many people, many with few or little resources sought him out. He replied, "I look at their future, not their past."
For more on the Dow Demonstration see David Maraniss's They Marched Into Sunlight.
*Our attorneys: Percy L. Julian Jr, Michael Reiter, both of Madison, William M. Kunstler and Arthur Kinoy of New York, Marc Stickgold, Detroit, and Dennis Roberts and Harriet Van Tassel, Newark N.J. Mike Reiter was a law student when this all began. Before it was over he was a member of the Wisconsin Bar.