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- Xref: sparky soc.history:9524 alt.society.civil-liberty:6616
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- From: greeny@top.cis.syr.edu (J. S. Greenfield)
- Newsgroups: soc.history,alt.society.civil-liberty
- Subject: Re: First Amendment and Private Schools
- Message-ID: <1992Nov17.232102.1606@newstand.syr.edu>
- Date: 18 Nov 92 04:21:02 GMT
- References: <1992Nov16.040225.13733@ucsu.Colorado.EDU> <92321.105502MCARTWR@auvm.american.edu> <1992Nov17.060241.24301@ucsu.Colorado.EDU>
- Organization: Syracuse University, CIS Dept.
- Lines: 48
-
- In article <1992Nov17.060241.24301@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
-
- >>I am not exactly sure but if I remember correctly from my Constitutional law
- >>class, private institutions can censor the work of their student newspapers and
- >>to a certain extent, lectures of professors, without violating the first amend-
- >>ment of the U.S. Constitution.
- >>I believe this is so because there is little to no state action and if you
- >>cannot find state action, it is difficult-if not impossible-to raise the
- >>issue of consitutional guarantees. Any response?
- >
- >Correct, for the most part: The First Amendment applies to the federal
- >government and (by implication of the Fourteenth Amendment) to the
- >state governments. It has no direct relevance to private citizens or
- >ogranizations. I _think_, however, that there are some exceptions for
- >private organizations that receive government funds.
-
- (Without respect to any local or state laws that may be floating around in
- various jurisdictions...)
-
- I don't think there is any federal law that mandates speech protection solely
- on the basis of funding. A few years back, there was a bill in Congress
- that would have required all colleges receiving federal funding (which is
- virtually all of them, since financial aid to students is included in this)
- to protect expression using the same standards that are constitutionally
- applied to governmental institutions. It apparently died, because I've never
- been able to find out anything about its disposition.
-
- Now, a *private* institution can be found to be acting as an arm of the
- state--but not generally on the sole basis of funding. Usually there has
- to be some formal relationship where the state (say, the legislature) has
- direct control over the institution's policy or board of trustees, or
- something like. (Note, government officials holding ex officio appointments
- to a school's board of trustees is *not* sufficient to establish this
- relationship.)
-
- A few private institutions have actually been found to be "public" in this
- sense. (I believe that Temple University is an example of this.)
-
- But the standard is pretty tough. About half of the colleges at Cornell
- University are part of the SUNY system (the other half are privately endowed),
- but Cornell was ruled (as a whole) to be a private institution.
-
-
- --
- J. S. Greenfield greeny@top.cis.syr.edu
- (I like to put 'greeny' here,
- but my d*mn system wants a
- *real* name!) "What's the difference between an orange?"
-