FC: Judge sides with Univ of California in student free speech case

From: Declan McCullagh (declanat_private)
Date: Thu May 17 2001 - 08:08:13 PDT

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    [Some background is at 
    http://www.wired.com/news/print/0,1294,35829,00.html. Three cheers for the 
    Foundation for Individual Rights in Education (thefire.org) and some brave 
    politicians and students who have stood up for Chris along the way. --Declan]
    
    *********
    
    From: Chris.Brownat_private
    Subject: Decision in the "Disacknowledgement" Case.
    To: declanat_private
    Date: Tue, 1 May 2001 11:35:15 -0700
    
    Declan,
    
    I thought that politechbot would be interested in learning that the judge
    granted the defendant's Summary Judgment Motion in my First Amendment
    lawsuit against officials at the University of California, Santa Barbara
    (UCSB).   Federal Court Judge Ronald Lew ruled that the defendants were
    entitled to qualified immunity.  He believed university professors were
    acting within the scope of their duties when they removed my thesis from
    the library and refused to grant my master's degree.  The issue was not the
    caliber of the work, but the contents of the highly subjective
    acknowledgement section.  As I have learned, UCSB allows praise of
    university but will not tolerate criticism of the same.
    
    I have always believe this to be a basic tenet of the first amendment.  I
    will appeal the decision.
    
    In truth, we had expected this ruling from this judge, but believed he
    would give more careful consideration to three facts.
    
    1) The decision of the one thesis committee member was based on his
    Mennonite religious beliefs.
    2) The university's own counsel advised the defendants that their position
    was constitutionally problematic.
    3) The university had previously taken a laissez fair  position with
    respect to acknowledgement sections.  Previous students had criticized the
    university, included comic strips, used profanity, expounded political
    diatribes, etc.
    
    If you or your readers are interested in brass tacks, I continue to make
    all materials available on my website,
          http://www.disacknowledged.org
    (I will have the written decision available when it becomes available).
    
    I also suggest a more objective view from today's LA Times story.
          http://www.latimes.com/news/state/20010501/t000036742.html
    
    Warmest Regards,
    
    Christopher Brown 
    
    
    
    
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