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- Xref: sparky alt.comp.acad-freedom.talk:3873 news.admin.policy:1080 news.admin.misc:1000
- Newsgroups: alt.comp.acad-freedom.talk,news.admin.policy,news.admin.misc
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!darwin.sura.net!spool.mu.edu!enterpoop.mit.edu!eff!kadie
- From: kadie@eff.org (Carl M. Kadie)
- Subject: Re: Babak Sehari postings -- iastate.edu is dealing
- Message-ID: <1993Jan7.155051.20843@eff.org>
- Originator: kadie@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: The Electronic Frontier Foundation
- References: <C0Hnup.366@cs.uiuc.edu>
- Date: Thu, 7 Jan 1993 15:50:51 GMT
- Lines: 190
-
- Some thoughts in random order:
-
- 1. Iowa State Univeristy's computer policy has the best due process
- procedures I've seen. It says:
-
- "Violations of the University Code of Computer Ethics are treated like
- any other ethical violation as outlined in the Student Handbook and
- applicable faculty and staff handbooks."
-
- In other words, it just ties into the University's regular due process
- procedure.
-
- 2. Massive autoposting likely violates the University's likely
- prohibition on substantially disruptive actions. I'm enclosing a
- reference to the text of my school's rule on this. (Massive
- autoposting also likely violates the ISU computer policy's ban on
- "rude" postings. But this ban is, in my opinion, illegal because it is
- unconstutionally vague and broad.)
-
- 3. I don't know if the user was suspended from the computer or not.
- In my opinion, once he is put on notice (and pending due process), he
- should be allowed on the computer.
-
- 4. The Family Educational Rights and Privacy Act mandates that student
- discipline be kept private. (Unless the student waives privacy.)
-
- - Carl
-
- ANNOTATED REFERENCES
-
- (All these documents are available on-line. Access information follows.)
-
- =================
- policies/ethics.iastate.edu
- =================
- * Edu -- Iowa State U. -- Ethics
-
- The computer ethics statement for Iowa State University.
- critiqued
-
- =================
- policies/ethics.iastate.edu.critique
- =================
- * Edu -- Iowa State U. -- Ethics -- Critique
-
- "This is a critique of Computer Ethics Statement for Iowa State
- University. The due process protection of the policy is good. The
- privacy protection is unclear. Free expression protection is poor.
- (The policy imposes speech restrictions on email and other computer
- media. Specifically, it prohibits rude expression and any expression
- of a political nature. In my opinion, these speech restrictions
- violate academic freedom and the law.)"
-
- =================
- news/cafv01n36: Message-Id: <1991Oct24.014633.28623@eff.org>
- =================
- An article from the Computers and Academic Freedom News 01.36
-
- Notes 7-9 are about newsgroup policy.
-
- 9. Postings to the net, like other expressive actions, should only be
- punished if they cause substantial interference with the rights of
- others. A few off-topic posts do not constitute substantial
- interference. Enclosed are the general rules my school has against
- disruptive and coercive action.
-
- =================
- law/cohen-v-california.1
- =================
- * Expression -- Offensive -- Cohen v. California -- 1
-
- Definition of "fighting words"; why no right not to be offended
-
- The definition of fighting words from _Chaplinsky v. New Hampshire_
- and then _Cohen v. California_. Also, says quotes the Supreme Court
- saying that there is no universal right to not hear offensive
- expression.
-
- =================
- law/cohen-v-california.2
- =================
- * Expression -- Offensive -- Cohen v. California -- 2
-
- Netnews article with reference _Cohen v. California_, "in which the
- court ruled that Cohen's jacket, which stated "Fuck the Draft" was a
- protected form of free speech, even though he wore it in a county
- courthouse."
-
- =================
- law/cohen-v-california.3
- =================
- * Expression -- Offensive -- Cohen v. California -- 3
-
- Here are excerpts from several Supreme Court decisions inclusing
- _Cohen v. Calfiornia_. They say that offensive public expression is
- protected if those offended can "effectively avoid further bombardment
- of their sensibilities simply by averting their eyes."
-
- =================
- law/doe-v-u-of-michigan
- =================
- * Expression -- Hate Speech -- Doe v. U of Michigan
-
- This is Doe v. University of Michigan. In this widely referenced
- decision, the district judge down struck the University's rules
- against discriminatory harassment because the rules were found to be too
- broad and too vague.
-
- =================
- law/uwm-post-v-u-of-wisconsin
- =================
- * Expression -- Hate Speech -- UWM Post v. U Of Wisconsin
-
- The full text of UWM POST v. U. of Wisconsin. This recent district
- court ruling goes into detail about the difference between protected
- offensive expression and illegal harassment. It even mentions email.
-
- It concludes: "The founding fathers of this nation produced a
- remarkable document in the Constitution but it was ratified only with
- the promise of the Bill of Rights. The First Amendment is central to
- our concept of freedom. The God-given "unalienable rights" that the
- infant nation rallied to in the Declaration of Independence can be
- preserved only if their application is rigorously analyzed.
-
- The problems of bigotry and discrimination sought to be addressed here
- are real and truly corrosive of the educational environment. But
- freedom of speech is almost absolute in our land and the only
- restriction the fighting words doctrine can abide is that based on the
- fear of violent reaction. Content-based prohibitions such as that in
- the UW Rule, however well intended, simply cannot survive the
- screening which our Constitution demands."
-
- =================
- faq/due-process
- =================
- * Due Process
-
- q: Should users be suspended from the computer pending formal discipline?
-
- a: No, with one exception. Just as students should not be expelled from
- ...
-
- =================
- law/ferpa
- =================
- * Privacy -- School Records -- FERPA -- Excerpts
-
- Excerpts from _College and University Student Records: A Legal
- Compendium_, Edited by Joan E. Van Tol, 1989. Details the Family
- Education Rights and Privacy Act's (Buckley Amendment's) provisions on
- directory information.
-
- =================
- =================
-
- 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/policies/ethics.iastate.edu
- pub/academic/policies/ethics.iastate.edu.critique
- pub/academic/news/cafv01n36
- pub/academic/law/cohen-v-california.1
- pub/academic/law/cohen-v-california.2
- pub/academic/law/cohen-v-california.3
- pub/academic/law/doe-v-u-of-michigan
- pub/academic/law/uwm-post-v-u-of-wisconsin
- pub/academic/faq/due-process
- pub/academic/law/ferpa
-
- 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/policies ethics.iastate.edu
- send acad-freedom/policies ethics.iastate.edu.critique
- send acad-freedom/news cafv01n36
- send acad-freedom/law cohen-v-california.1
- send acad-freedom/law cohen-v-california.2
- send acad-freedom/law cohen-v-california.3
- send acad-freedom/law doe-v-u-of-michigan
- send acad-freedom/law uwm-post-v-u-of-wisconsin
- send acad-freedom/faq due-process
- send acad-freedom/law ferpa
- --
- Carl Kadie -- I do not represent EFF; this is just me.
- =kadie@eff.org, kadie@cs.uiuc.edu =
-