********** In response to: http://www.politechbot.com/p-02037.html I am copying university officials who have been involved in this affair at one time or another in case they would like the opportunity to reply. -Declan ********** From: "Harvey A. Silverglate" <hasat_private> To: <declanat_private>, <politechat_private> Cc: "'Brown, Christopher'" <cbrownat_private> Subject: RE: Judge sides with Univ of California in student free speech case Date: Thu, 17 May 2001 12:37:43 -0400 In-Reply-To: <5.0.2.1.0.20010517110806.02004380at_private> Declan, I just want to add a couple of points to Chris Brown's report on the status of his litigation. (I speak, incidentally, in my role as a co-Director and officer of The Foundation for Individual Rights in Education ("FIRE") <www.thefire.org>, which has been supporting Chris from early-on, has been in communication with the University, and has been cooperating with Chris' attorneys.) The thesis committee had approved Chris' thesis, as a mater of academic evaluation and judgment, until the committee members learned that a "Disacknowledgement" section had been tacked on to the thesis as finally submitted. Thus, there is no doubt that the only reason the thesis had been rejected was because of his criticism of the University. Indeed, when the refusal to give him his degree became public, they granted him the degree but refused to file the thesis in the normal course. Correspondence that I had, in my capacity as an officer of FIRE, with University officers, demonstrates clearly that the University's position is that they don't have to "publish" something that they view as obnoxious or personally critical of them or of the University. Hence, this is a very clean-cut First Amendment issue. Finally, the University rests its refusal in large measure on its claim that to allow the thesis to be filed officially and formally would be equivalent to the University's adopting in some way the contents, including the Disaknowledtgements. This raises the issue not only of whether a university's approving a thesis is equivalent to "adopting" it somehow, but, more specifically, whether an "Acknowledgement" section or a "Disacknowledgement" section is part of the thesis for such purposes, or whether it states the personal views of the author and cannot be attributed to the University or its officers or faculty. It seems clear to me that the latter is true. The trial judge in this case seems to have acted with an unusual degree of ignorance of the law and disregard of the facts. As Chris said, given this particular judge's reputation we were not expecting otherwise. Onward to the appellate court. Harvey A. Silverglate The Foundation for Individual Rights in Education ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if it remains intact. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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