From: kadie@herodotus.cs.uiuc.edu (Carl M. Kadie)
Subject: Re: U. of Illinois may remove non"pleasant" art from vistor's center
Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
Date: Sat, 15 Aug 1992 01:37:39 GMT


kadie@herodotus.cs.uiuc.edu (Carl M. Kadie) writes:

>Once such a forum is given, however, it
>can't be closed down because disapproval with content.

dorner@ux1.cso.uiuc.edu (Steve Dorner) writes:

[...]
>The walls of the Levis Center are not campus press or media.  The press
>is given special place.  Whatever other parts of campus policy may say
>on the issue, to generalize from protection of the press to protection
>of all modes of expression is to overstate your case.
[...]

In all the legal material I've read, freedom-of-the-student-press
comes from the public forum doctrine, not from a the-press-is-special
doctrine. The public forum doctrine seems covers everything from
campus mail, to paintings at Levis, to Netnews facilities, to the
campus press.

I believe that the student press is mentioned so explicitly in the
code because problems about the student press are common. (The Daily
Illini has been mentioned in the Code since about 1908.)

- Carl

ANNOTATED REFERENCES

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

=================
law/stanley-v-magrath
=================
Comments from _Public Schools Law: Teachers' and Students' Rights_ 2nd
Ed. by Martha M. McCarthy and Nelda H. Cambron-McCabe, published in
1987 by Allyn and Bacon, Inc. It says, in part, "[a]lthough school
boards are not obligated to support student papers, if a given
publication was originally created as a free speech forum, removal of
financial or other school board support can be construed as an
unlawful effort to stifle free expression." Also, "school
authorities cannot withdraw support from a student publication simply
because of displeasure with the content" and "the content of a
school-sponsored paper that is established as a medium for student
expression cannot be regulated more closely than a nonsponsored
paper". Also, it tells what to do about libel in student
publications.

=================
law/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).

=================
law/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/perry-v-perry
=================
Comments from the ACLU Handbook _The Rights of _Teachers_. It says
that campus mail systems (and other school facilities) can be limited
public forums. (Perry v. Perry was about an interschool mail system.
It was one of the cases that defined the Public Forum Doctrine.)

Also, a paraphrase from an ACLU handbook _The Rights of Teachers_. It
says that generally, speech, if otherwise shielded from punishment by
the First Amendment, does not lose that protection because its tone is
sharp.

Also, from p. 92, it says that there are legal limits to the oaths a
(public) school can ask its teachers to sign. [Some of these same
limits might apply to what a school can ask a user to sign as a
condition of getting (or keeping) a computer account.]

=================
reg2rights
=================
The history of student regulations at the University of Illinois
from 1904 to present. Shows how policies evolve.

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

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/law/stanley-v-magrath
  pub/academic/law/san-diego-committee-v-gov-bd
  pub/academic/law/constraints.constitutional
  pub/academic/law/perry-v-perry
  pub/academic/reg2rights

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 stanley-v-magrath
send acad-freedom/law san-diego-committee-v-gov-bd
send acad-freedom/law constraints.constitutional
send acad-freedom/law perry-v-perry
send acad-freedom reg2rights
--
Carl Kadie -- kadie@cs.uiuc.edu -- University of Illinois at Urbana-Champaign
From: Mark.Sablow@iphase.UUCP (Mark Sablow)
Sender: FredGate@iphase.UUCP