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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!paladin.american.edu!auvm!kadie
- Originator: kadie@eff.org
- Nntp-Posting-Host: eff.org
- Organization: The Electronic Frontier Foundation
- References: <kadie@EFF.ORG> <199210072113.AA22128@eff.org>
- Newsgroups: bit.listserv.cwis-l
- Lines: 354
- Apparently-To: eff-mail-cwis-l@eff.org
- Message-ID: <1992Oct9.035418.22233@eff.org>
- Date: Fri, 9 Oct 1992 03:54:18 GMT
- Sender: "Campus-Wide Information Systems" <CWIS-L@WUVMD.BITNET>
- Comments: Warning -- original Sender: tag was usenet@EFF.ORG
- From: "(Carl M. Kadie)" <kadie@EFF.ORG>
- Subject: Re: Banned Computer Material 1992
-
- GLWARNER@SAMFORD.bitnet (THE GAR) writes:
-
- >Why should we ridicule universities and other
- >organizations that choose to enforce the law of the land?
-
- Iowa State U. is not enforcing the law. Virtually all the material
- restricted is constitutionally protected. Morever, in Iowa,
- universities are excepted from the state obscenity law. [see ref.] The
- material apparently restricted not because it was illegal, but because
- someone finds discussion of sex offensive.
-
- [...]
- >It would not be so very difficult for a library or
- >bookstore to have certain sections of their establishment
- >marked "adults only" and enforce these areas.
- [...]
-
- Such a policy in a library would be a violation of the intellectual
- freedom policies of the American Library Association [see refs].
-
- [...]
- >Most universities would not allow a student to rise in class and spew
- >obscenities at a class mate, or post obscene materials on the
- >bulletin boards, or stand in the hallways and recite erotica. They
- >have the right to make these choices TO PROTECT THEIR STUDENT BODY
- >from what they feel are detrimental influences and TO PROTECT THEIR
- >INSTITUTION from that which violates local ordinances.
- [...]
-
- Universities have the authority to protected their students from
- harassment. State Universities do not have the authority to protect
- students from mere offense [see refs].
-
- [...]
- >I believe that the EFF is stepping beyond their charter to make
- >changes. As I understood the EFF, they were trying to give the
- >computerized citizen equal rights with the rest of society. Not
- >allow them to "get away" with things with which non-computerized
- >citizens must deal.
-
- "Carl Kadie -- I do not represent EFF; this is just me.
- =kadie@eff.org, kadie@cs.uiuc.edu ="
-
- Moreover, the computerized student at Iowa State does not have equal
- rights. Sexual material is not restricted in the Univeristy library;
- it is only restricted on the University computer. (Sexual material is
- considered necessary for a library collection [see refs].)
-
- [...]
- >Possession of materials for criminal intent? illegal (where I live,
- >try and buy or advertise lock-picks!)
- [...]
-
- Books on lock picking are not illegal. My academic library (U. of
- Illinois at U-C) contains _Steal This Book_. Many public and academic
- libraries in my state have books on locksmithing.
-
- [...]
- >While it may be extreme to not allow criticism of the
- >host university, if they own the computer, that's their right.
- [...]
-
- Not true. Universities can only act within the scope of their charter
- and their contracts with their students. Students at public schools
- have a constitutional (charter) right to criticize their school [see
- refs]. Students at all most all universities also have a contractual
- right to free expression.
-
- - Carl
-
- Carl Kadie -- I do not represent EFF; this is just me.
- =kadie@eff.org, kadie@cs.uiuc.edu =
-
-
- ANNOTATED REFERENCES
-
- (All these documents are available on-line. Access information follows.)
-
- =================
- news/cafv02n11: Message-Id: <1992Feb23.201324.12799@m.cs.uiuc.edu>
- =================
- An article from the Computers and Academic Freedom News 02.11
-
- Notes 1-4 discuss newsgroup removals rationalized by creative
- interpretations of law. Sites around the world have found this an
- effective way to ban almost any topic, for example, war, drugs, gay
- rights, crime, rape, abortion, and sex (including recovery from sexual
- abuse and United Press International stories mentioning sex).
-
- 3. This is a parody of the Iowa State University policy that bans
- discussions of sex (and previously drugs). It shows what the policy
- might say if it were honest. It starts "We, a handful of individuals
- in the Iowa State University Computation Center, have imposed a policy
- on the distribution of Usenet newsgroups. ... The purpose of this
- statement is to provide an after-the-fact justification of a decision
- that we made without looking at the academic freedom issues."
-
- =================
- news/cafv02n11: Message-Id: <3198@ecicrl.ocunix.on.ca>
- =================
- An article from the Computers and Academic Freedom News 02.11
-
- Note 10 discusses the history of altnet, the set of "alt" groups.
-
- 10. Contrary to the 'history' given in the Iowa State University
- policy, the alt groups were not created by a 'collective group of
- Usenet "news administrators"' as a place for dangerous topics. In
- fact, the alt groups were created to fight the suppression of the
- collective group.
-
- =================
- news/cafv02n08: Message-Id: <1992Jan24.160039.20161@news.iastate.edu>
- =================
- An article from the Computers and Academic Freedom News 02.08
-
- Notes 4-5 discuss academic freedom and the right of sites to limit
- access to netnews.
-
- 4. At Iowa State University, by default, a machine does not receive
- the newsgroups alt.sex.*, alt.drugs, alt.psychoactives. The head of
- the department where the machines are located can request that the
- machines have access to the omitted groups. Students and staff are
- attempting to change the policy.
-
- =================
- news/cafv02n30: Message-Id: <1992May11.132630.23905@news.iastate.edu>
- =================
- An article from the Computers and Academic Freedom News 02.30
-
- Note 4-5 discuss Iowa State University's and the University of Nebraska
- at Lincoln's rationalizations for censorship.
-
- 4. In reply to a previous assertion that "Iowa State and U. of
- Nebraska are using the possibilities of NSF intervention as reason to
- censor newsgroups. Neither institutions are citing any other
- university, state, or federal regulations for their actions." ISU
- admins have cited Chapter 728, [Iowa's Obscenity Law] though it
- exempts libraries and educational institutions.
-
- =================
- law/obscenity.iowa
- =================
- IOWA CODE CHAPTER 728 - OBSCENITY
- It explicitly exempts public libraries and educational institutions.
-
- =================
- library/labeling.ala
- =================
- * Labeling (ALA)
-
- An interpretation by the American Library Association of the "Library
- Bill of Rights"
-
- It gives three reasons why labeling is bad. The first is that
- "[l]abeling is an attempt to prejudice attitudes and as such, it is a
- censor's tool."
-
- =================
- library/access.children.nonprint.ala
- =================
- * Access for Young People to Nonprint Material (ALA)
-
- "Access for Children and Young People to Videotapes and Other Nonprint
- Formats"
-
- An interpretation by the American Library Association of the "Library
- Bill of Rights"
-
- =================
- library/access.minors.ala
- =================
- * Free Access to Libraries for Minors (ALA)
-
- An interpretation by the American Library Association of the "Library
- Bill of Rights"
-
- =================
- law/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."
-
- =================
- law/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/young-conservatives-v-sau
- =================
- A UPI story that tells how Stephen F. Austin University originally
- banned a groups "sexist" flyers, but when challenged, the ban was
- lifted and a cash settlement was given to the students whose
- free-speech was violated by the ban.
-
- =================
- law/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
- =================
- 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
- =================
- 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."
-
- =================
- library/diversity.ala
- =================
- * Diversity in Collection Development (ALA)
-
- An interpretation by the American Library Association of the "Library
- Bill of Rights"
-
- It says that collections should be inclusive, not exclusive. And that
- materials should cover the needs and interest of all patrons. "This
- includes materials that reflect political, economic, religious,
- social, minority, and sexual issues."
-
- =================
- library/challenged-materials.ala
- =================
- * Challenged Materials (ALA)
-
- An interpretation by the American Library Association of the "Library
- Bill of Rights"
-
- =================
- faq/media.control
- =================
- q: Since freedom of the press belongs to those who own presses, a
- public university can do anything it wants with the media that it
- owns, right?
-
- a: No, ....
-
- =================
- law/constraints.constitutional
- =================
- * Constraints -- Constitutional
-
- Comments from _A Practical Guide to Legal Issues Affecting College
- Teachers_ by Partrica A. Hollander, D. Parker Young, and Donald D.
- Gehring. (College Administration Publication, 1985). Discusses the
- constitutional constraints on public universities including the
- requires for freedom of expression, freedom against unreasonable
- searches and seizures, due process, specific rules.
-
- =================
- law/constraints.contractual
- =================
- Comments from _A Practical Guide to Legal Issues Affecting College
- Teachers_. Explains that University Code is part of the contract
- between the student and school. The University can be liable for a
- breach of the contract (i.e. for not following its own rules).
-
- =================
- academic/student.code.uiuc
- =================
- Excerpts from the University of Illinois at Urbana-Champaign's Code on
- Campus Affairs and Regulations Applying to All Students (Aug. 1985)
-
- It is the contract that gives students at UIUC a right to free expression.
- (It is typical of most university policies.)
-
- =================
- =================
-
- These document(s) are 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/cafv02n11
- pub/academic/news/cafv02n11
- pub/academic/news/cafv02n08
- pub/academic/news/cafv02n30
- pub/academic/law/obscenity.iowa
- pub/academic/library/labeling.ala
- pub/academic/library/access.children.nonprint.ala
- pub/academic/library/access.minors.ala
- pub/academic/law/uwm-post-v-u-of-wisconsin
- pub/academic/law/doe-v-u-of-michigan
- pub/academic/law/young-conservatives-v-sau
- pub/academic/law/cohen-v-california.1
- pub/academic/law/cohen-v-california.2
- pub/academic/law/cohen-v-california.3
- pub/academic/library/diversity.ala
- pub/academic/library/challenged-materials.ala
- pub/academic/faq/media.control
- pub/academic/law/constraints.constitutional
- pub/academic/law/constraints.contractual
- pub/academic/academic/student.code.uiuc
-
- 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 cafv02n11
- send acad-freedom/news cafv02n11
- send acad-freedom/news cafv02n08
- send acad-freedom/news cafv02n30
- send acad-freedom/law obscenity.iowa
- send acad-freedom/library labeling.ala
- send acad-freedom/library access.children.nonprint.ala
- send acad-freedom/library access.minors.ala
- send acad-freedom/law uwm-post-v-u-of-wisconsin
- send acad-freedom/law doe-v-u-of-michigan
- send acad-freedom/law young-conservatives-v-sau
- 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/library diversity.ala
- send acad-freedom/library challenged-materials.ala
- send acad-freedom/faq media.control
- send acad-freedom/law constraints.constitutional
- send acad-freedom/law constraints.contractual
- send acad-freedom/academic student.code.uiuc
- --
- Carl Kadie -- I do not represent EFF; this is just me.
- =kadie@eff.org, kadie@cs.uiuc.edu =
-