Robert “Bob” R. Thonen

1946 - 2018

Robert R. Thonen
Image source: Buccaneer 1971

Robert “Bob” Thonen attained fame and, in some circles, notoriety as editor of the Fountainhead (previously, the East Carolinian), when he published a 300-word letter by a student, William “Bill” Schell Jr., protesting ECU’s restrictive dorm visitation policy. What was most offensive about Schell’s letter, however, was its complimentary close, “Fuck you, Leo.” What ensued was a campus controversy, involving the administration, the student press, and the SGA, over the limits of free speech on campus. Ultimately, Thonen and Schell prevailed in the courts, achieving an important victory for students’ constitutional rights to free speech.

Thonen, a native of St. Petersburg, Florida, grew up in Northern Virginia where he graduated from Mount Vernon High School. In 1965, he enlisted in the U.S. Army and served two years in Vietnam with the Special Forces Group (Airborne). Inducted into the Mensa Society in 1967, Thonen later began undergraduate studies at ECU, completing a bachelor’s degree in history and journalism in 1977. In 1970-71, he served as editor of the Fountainhead, having spent the previous year, 1969-1970, as its business manager.

However, on May 10, 1971, Thonen was suspended from school by the University Judicial Board and removed from his position as editor of the Fountainhead for publication of Schell’s letter. The letter had been prompted by widespread student opposition to the school’s refusal to change its dorm policy to allow male and female students greater visitation rights. Thonen did not author the letter but refused to censor it. The author, Schell, who reportedly promised not to write another such letter, was permitted to return to classes.

An American Civil Liberties Union attorney, Jerry Paul, who was also, incidentally, an East Carolina alumnus, helped Thonen file a suit requesting a federal injunction preventing ECU from suspending him. Following Thonen’s removal as editor, Beverly Denny, the assistant editor, became editor. Denny promptly authored an editorial in which she reprinted the words in question and announced her support for Thonen’s position. Also published on the editorial page was a cartoon lampooning Jenkins and featuring the same obscenity. Not long after, both Denny and Ken Finch, the cartoonist, were charged with “abusive and obscene language.” Charges against Denny were dropped, while Finch was found guilty, but with no punishment.

U.S. District Judge John Larkins ultimately issued a temporary restraining order against the university, explaining that “The fact that certain language might offend and displease school officials is not enough to overcome the right to freedom of expression.” As a result, Thonen was permitted to return and take final exams. Larkins also ordered that there be a trial in the case brought by Thonen and Schell. The two sought $25,000.00 in damages from ECU and its president, Leo W. Jenkins. The U.S. Fourth Court of Appeals later upheld a lower court’s ruling, noting that the students’ constitutional rights had been violated. In the end, however, Thonen and Schell received $3,429.60 for attorneys’ fees and $100 each for nominal compensatory damage. The two students claimed $6,000 in legal fees.

Thonen v Jenkins shaped constitutional law by ruling that college newspapers merit the same free-speech rights as the commercial press. His senior year, Thonen received national recognition by Who’s Who Among Students in American Universities and Colleges Program. After graduation, he accepted a job in the Defense Department as a civilian in 1977, and thus became the first civilian to be named to the Secretary of the Army’s general staff. He later returned to Greenville and was a member and former vice president of the Pitt County Historical Society and the Friends of Joyner Library. Schell, who authored the letter, later earned a Ph.D. in history at UNC-Chapel Hill, and taught until his retirement at Murray State University in Kentucky.

Sources

Citation Information

Title: Robert “Bob” R. Thonen

Author: John A. Tucker, PhD

Date of Publication: 6/25/2019

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