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- From: kadie@cs.uiuc.edu (Carl M. Kadie)
- Subject: Re: right to have .plan
- Message-ID: <Bxxno4.Ktw@cs.uiuc.edu>
- Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
- References: <19721.2B06AECF@puddle.fidonet.org> <BALDWIN.92Nov16155145@csservera.scs.usna.navy.mil> <BxvwKM.1KE@cs.uiuc.edu> <BALDWIN.92Nov18125029@csservera.scs.usna.navy.mil>
- Date: Wed, 18 Nov 1992 22:26:27 GMT
- Lines: 80
-
- baldwin@csservera.scs.usna.navy.mil (J.D. Baldwin) writes:
-
- [...]
- >However, it is far from clear that such decisions would preclude
- >something which is clearly personal expression on a machine at that
- >level.
- [...]
-
- Universities are not automatically required to allow personal
- experssion in .plans. But if they do (most seem to), they are legally
- required to be evenhanded and consistent about what they allow.
-
- >That said, how long do you think a "personal" expression of some
- >really vile racist statement would last in such a forum? (Both as an
- >abstract legal issue and as a practical matter.)
-
- Legally, forever. Practically, they would might ban all .plans. But,
- then again, they might not. At Boston U. a private university, someone
- but some ICE-T lyrics in his .plan. There were complaints, but the
- lyrics are still there.
-
- > None of the (rather
- >impressive) "annotated references" you provided seem to indicate that
- >a university computer's managers are merely providing a "common
- >carrier" for expression. I can see where they might still have an
- >interest in suppressing certain categories of speech.
- [...]
-
- "Common carrier" is perhaps the wrong term. I think a better term is
- "public forum". I'm enclosing a pointer to a court decision that
- describes the public forum doctrine.
-
- - Carl
-
- ANNOTATED REFERENCES
-
- (All these documents are available on-line. Access information follows.)
-
- =================
- news/cafv02n38: Message-Id: <JBW.92Jul16195814@bigbird.bu.edu>
- =================
- An article from the Computers and Academic Freedom News 02.38
-
- Notes 7-8 are about .plan files that might offend.
-
- 7. "I recently put the lyrics to "Cop Killer" by Ice-T in my .plan file so
- that it shows up when someone else does "finger jbw@cs.bu.edu".
- Two people have complained to my department's chair... .He asked
- me informally to remove it. I told him I would not do so voluntarily."
-
- =================
- law/san-diego-committee-v-gov-bd
- =================
- * Expression -- Public Forum -- Overview -- San Diego Committee v. Gov Bd
-
- Excerpts from San Diego Committee v. Governing Bd., 790 F.2d 1471. A
- decision by an appellate court that applied the Supreme Court's Public
- Forum Doctrine (to a school newspaper).
-
- =================
- =================
-
- If you have gopher, you can browse the CAF archive with the command
- gopher gopher.eff.org
-
- These document(s) are also available by anonymous ftp (the preferred
- method) and by email. To get the file(s) via ftp, do an anonymous ftp
- to ftp.eff.org (192.88.144.4), and get file(s):
-
- pub/academic/news/cafv02n38
- pub/academic/law/san-diego-committee-v-gov-bd
-
- To get the file(s) by email, send email to archive-server@eff.org.
- Include the line(s) (be sure to include the space before the file
- name):
-
- send acad-freedom/news cafv02n38
- send acad-freedom/law san-diego-committee-v-gov-bd
- --
- Carl Kadie -- kadie@cs.uiuc.edu -- University of Illinois at Urbana-Champaign
-