From: kadie@cs.uiuc.edu (Carl M. Kadie)
Subject: Re: Nettiquette or Freedom of speech
Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
Date: Fri, 1 Jan 1993 23:33:09 GMT


Here is are some pointers to information about freedom of speech in
the U.S. in general and at public universities specificially.

(All these documents are available on-line. Access information follows.)

=================
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.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/constraints.constitutional
=================
* Constitution -- Public University -- Constraints

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
=================
* Universities -- Contractual Constraints

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).

=================
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."

=================
academic/speech-codes.aaup
=================
* Speech Codes (AAUP)

On Freedom of Expression and Campus Speech Codes Expression - An
official statement of the American Association of University
Professors (AAUP)

It says in part: "On a campus that is free and open, no idea can be
banned or forbidden.  No viewpoint or message may be deemed so hateful
or disturbing that it may not be expressed."

=================
faq/media.control
=================
* University Control of Media
 
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. Like any organization, the government must work within its
...

=================
caf
=================
* About the CAF mailing lists (and newsgroups)

A description of the comp-academic-freedom-talk mailing list. It is a
free-forum for the discussion of questions such as: How should general
principles of academic freedom (such as freedom of expression, freedom
to read, due process, and privacy) be applied to university computers
and networks? How are these principles actually being applied? How can
the principles of academic freedom as applied to computers and
networks be defended?

=================
=================

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/law/cohen-v-california.1
  pub/academic/law/cohen-v-california.2
  pub/academic/law/cohen-v-california.2
  pub/academic/law/constraints.constitutional
  pub/academic/law/constraints.contractual
  pub/academic/law/uwm-post-v-u-of-wisconsin
  pub/academic/academic/speech-codes.aaup
  pub/academic/faq/media.control
  pub/academic/caf

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/law cohen-v-california.1
send acad-freedom/law cohen-v-california.2
send acad-freedom/law cohen-v-california.2
send acad-freedom/law constraints.constitutional
send acad-freedom/law constraints.contractual
send acad-freedom/law uwm-post-v-u-of-wisconsin
send acad-freedom/academic speech-codes.aaup
send acad-freedom/faq media.control
send acad-freedom caf


-- 
Carl Kadie -- I do not represent any organization; this is just me.
 = kadie@cs.uiuc.edu =
Newsgroups: soc.culture.korean