FC: Did Univ. of NC at Wilmington divulge a professor's private email?

From: Declan McCullagh (declanat_private)
Date: Thu Dec 20 2001 - 16:05:59 PST

  • Next message: Declan McCullagh: "FC: More on Univ. of NC, private email, and a twist on open records"

    [This is in two parts, both below. Now that we've heard FIRE's side, I
    invite the University of North Carolina at Wilmington to reply. I will
    forward a response unedited, of course. If FIRE's statements are
    incorrect, I think it's fair to assume that the administration will
    want to set the record straight. --Declan]
    
    ---
    
    From: "Thor Halvorssen" <thorat_private>
    To: <declanat_private>
    Subject: UNC-Wilmington Invades Professor's Privacy and Chills Everyone's Free Speech
    Date: Wed, 19 Dec 2001 10:48:35 -0500
    
    To: Declan McCullagh
    From: Thor L. Halvorssen
    
    UNC-Wilmington Invades Professor's Privacy and Chills Everyone's Free Speech
    
    WILMINGTON, NC--The University of North Carolina at Wilmington (UNC-W)
    ordered the opening and examination of the private letters of a UNC-W
    professor's email account. It is a remarkable story of abusive authority and
    hypocrisy. Four days after the terrorist attacks on New York City and the
    Pentagon, a student sent the professor, and others, an email that blamed the
    United States for the attacks. She asked recipients to forward it to those
    interested in further "open" discussion. When the professor responded with
    criticism of her opinions, and when others to whom he forwarded her email
    responded with forceful criticism, the student demanded that the University
    grant her access to the professor's private emails so that she could sue
    him. Although UNC-W's own counsel twice acknowledged that the student's
    claims are entirely without legal merit, the administration has nevertheless
    capitulated to her irrational demands and examined the professor's private
    correspondence.
    
    "Administrators at UNC-W apparently have concluded that the senseless
    demands of one individual--demands that have no legal merit and that the
    school itself dismissed at first--are enough to trump the constitutional
    rights of another. It is a sad case of careerism and indifference to
    principle," said Alan Charles Kors, President of the Foundation for
    Individual Rights in Education (FIRE).
    
    On September 15, Mike Adams, a professor at UNC-W's Department of Sociology
    and Criminal Justice, received an email from Rosa Fuller, a UNC-W
    undergraduate. The email, addressed generally to the University's students
    and faculty, quoted the "World Socialist Website." In her email, Rosa Fuller
    argued, "far from America being 'the brightest beacon for freedom and
    opportunity in the world,' the US is seen by tens of millions as the main
    enemy of their human and democratic rights, and the main source of their
    oppression. The American ruling elite, in its insolence and cynicism, acts
    as if it can carry out its violent enterprises around the world without
    creating the political conditions for violent acts of retribution." She
    concluded with an invitation to forward the email in the interest of "open,
    unbiased, democratic discussion."
    
    Professor Adams sent Fuller a brief reply and forwarded her message to
    others, several of whom responded directly to Fuller. Stung by sharp
    criticism, Fuller, in communications to the UNC-W general counsel, accused
    Professor Adams of intimidation, defamation, and false representation. On
    the basis of these specious accusations, Fuller demanded that the University
    allow her to see the professor's emails. Administrators at first stated that
    she had no right to view those emails, but Fuller persisted. On her third
    attempt, administrators capitulated, abandoning their recognition of an
    obligation to defend a faculty member's right to privacy, and deciding
    instead to search the professor's private email records on her behalf.
    
    "Rosa Fuller claimed she wanted an 'open discussion,' but when emails came
    to her that were dismissive of her ideas she quickly abandoned the freedom
    of speech she claimed to foster," said Kors. "It's as if she believes that
    speech is only free to the extent to which it agrees with her ideas."
    
    When UNC-W administrators first questioned Adams, he contacted FIRE, which
    wrote to UNC-W Chancellor James Leutze pointing out that the discussion and
    criticism that Rosa Fuller's email initiated were "a demonstration of the
    First Amendment at work," but that "now Rosa Fuller seeks to prosecute those
    who disagree with her."
    
    FIRE added that the administration "has legitimized her claims by taking
    action against Professor Adams. In doing this, UNC-W has ominously
    demonstrated that when the most basic rights of students and faculty are
    threatened, UNC-W is not above abandoning them. The chill that this will
    send into every communication on your campus is palpable."
    
    "We hope that UNC-W's administrators will avoid doing battle with the Bill
    of Rights, to which they are morally and legally bound," said FIRE's letter
    to UNC-W. "They must change course before irreversible harm is done to
    privacy rights and freedom of speech on campus. UNC-W's duty is to protect
    the constitutional rights of its faculty and its students at all costs, not
    to appease those who would silence all dissent."
    
    FIRE has yet to receive a response from Chancellor Leutze. However, FIRE's
    campaign of sunlight has included appearances by Adams on television and in
    newsprint. FIRE will soon begin a long-term initiative to educate UNC-W's
    regents, students, parents, and donors.
    
    FIRE is a nonprofit educational foundation that unites civil rights and
    civil liberties leaders, scholars, journalists, and public intellectuals
    across the political and ideological spectrum on behalf of individual
    rights, due process rights, freedom of expression, and rights of conscience
    on our campuses. FIRE's efforts to preserve liberty can be seen by visiting
    www.thefire.org.
    
    Contact:
    Thor L. Halvorssen, FIRE: 215-717-3473; fireat_private
    James Leutze, Chancellor of UNC-W: 910-962-3030; leutzejat_private
    John C. Cavanaugh, Provost of UNC-W: 910-962-3389; cavanaughat_private
    Harold M. White, University Counsel, UNC-W: 910-962-3030; whitehat_private
    Mike Adams, Professor at UNC-W: 910-962-3425; adamsmat_private
    Rosa Fuller, student at UNC-W: rtf4733at_private
    
    ---
    
    From: "Thor Halvorssen" <thorat_private>
    To: <declanat_private>
    Subject: UNC-Wilmington Shames Itself Yet Again; Provost Responds by Denying What Occurred
    Date: Thu, 20 Dec 2001 17:47:10 -0500
    
    To: Declan McCullagh
    From: Thor L. Halvorssen
    
    UNC-Wilmington Shames Itself Yet Again; Provost Responds to FIRE by Denying
    What Occurred
    
    WILMINGTON, NC--On December 19, 2001, the Foundation for Individual Rights
    in Education (FIRE) issued a report on the investigation and invasion of
    privacy of a professor at the University of North Carolina-Wilmington
    (UNC-W). In response to growing criticism, the administration of UNC-W has
    begun an effort to conceal what occurred and to spin its way out of the
    public relations nightmare that has ensued from its outrageous conduct.
    
    Four days after the terrorist attacks on New York City and the Pentagon, a
    student, Rosa Turrisi Fuller, the daughter of Dr. Patricia Ann Turrisi,
    director of UNC-W's Center for Teaching Excellence, sent UNC-W Professor
    Mike Adams, and others, an email that blamed the United States for the
    attacks. She asked recipients to forward it to those interested in further
    "open" discussion. When the professor (and others) responded with criticism
    of her opinions, the student demanded that the University grant her access
    to the professor's private emails so that she could sue him for libel. As
    FIRE reported, UNC-W ordered the opening and examination of the private
    email letters of Professor Adams.
    
    UNC-W Provost John C. Cavanaugh, replying to critics, asserts that Professor
    Adams was never investigated, that he was never punished for his exercise of
    his First Amendment rights, that Professor Adams's expression was not
    stifled by the University, that they did not turn over any records to the
    student accuser, that the university was "forced" to comply with the student
    accusers' requests for documents, that Professor Adams praises UNC-W's
    actions, and that FIRE never "checked" with them or consulted any primary
    sources. All of these claims are undeniably and demonstrably false. FIRE is
    in possession of all of the documents referred to below. Here are the facts:
    
    *  Releasing student and faculty email records: UNC-W claims that it did not
    turn over any records to the student accuser. In fact, on October 25,
    University Counsel Harold M. White, Jr. turned over a printout of the date
    and times of all of the emails sent by Professor Adams from September
    17-September 18, 2001. The printout, the bottom line of which reads,
    "Printed for Hal White whitehat_private 10/22/01," details the identity and
    email addresses of everyone with whom Adams communicated, including nine
    on-campus and fourteen off-campus emails. A cover letter of October 25, 2001
    from University Counsel White to Fuller, Adams's would-be persecutor,
    stated: "A list of these emails and the addresses to which they were sent
    are attached."
    
    *  Investigation: The same letter of October 25, 2001 from University
    Counsel White to Fuller documents the extensive investigation not only of
    Professor Adams's email account, but also of the accounts of those with whom
    he corresponded. This official university investigation included "a review
    of the transmittal logs" by the Information Technology Systems Division
    (ITSD), a review of the on-campus "inboxes on our central computing facility
    (VAX)," and an inquiry into the content of students and faculty who
    corresponded with Adams. Finally, they "asked Dr. Adams [and others] to
    examine the logs on their personal PCs." Provost Cavanaugh himself, the
    Chancellor, the Vice Chancellor of Student Affairs, and the Vice Chancellor
    of ITSD were all copied on this letter. At approximately 11:00 AM on October
    25, Professor Adams watched as, over his objections, university personnel,
    including Systems Programming Manager Michael Sheehan (who, according to
    Adams, objected to having to check Adams's email) and University Counsel
    Harold White, gathered his emails saved on the system and opened his email
    account. White reviewed the content of the only two emails they were able to
    retrieve. He had to review them almost in their entirety in order to decide
    that these emails were, after all, private and not part of the public
    record. A week before this invasion White went to Adams's office with a
    systems programmer to verify that Adams had not deleted any messages. White
    looked at both the outbox and the trash folder of Adams's office computer.
    This long process was precisely "an investigation."
    
    *  Punishment: Invasion of privacy is a punishment. The University Counsel
    himself recognized this when he wrote in his October 25 letter that the
    investigation "caused predictable consternation, outrage and a feeling of
    violation and invasion of privacy on the part of those whose mail was to be
    inspected." At the very least, the University clearly understood the moral
    impropriety of what it was doing. Now that they are exposed, they will not
    concede the obvious point that violating someone's right to privacy is
    wrong, illegal, and a form of punishment. Indeed, as University Counsel
    wrote to Fuller, "both our student and our faculty member felt they were
    being coerced and 'forced,'" adding, "we did examine their inboxes over
    their objections pursuant to your request."
    
    *  Chilling effect: The investigation into the constitutionally protected
    views and private correspondence of faculty and students stifled Adams and
    anyone else who uses email to communicate freely on campus. This action has
    made Professor Adams and, doubtless, many others at UNC-W fearful of
    expressing themselves too sincerely, lest they be investigated and punished,
    even if that expression is in a private email discussion. The failure to
    defend the primacy of free speech chills campus speech for everyone.
    
    *  "We were forced to respond": UNC-W boasts that, on three occasions, it
    refused to violate the privacy of Professor Adams. However, they blithely
    concede that they capitulated on the student's fourth attempt. UNC-W,
    however, cannot claim that it was "forced" to do anything. It was never
    ordered by a court to release any information. UNC-W was not "forced" to
    betray the privacy rights of its professors and students. Rather, it simply
    decided to do so, and in University Counsel's letter of October 25 to
    Fuller, he even expressed regret that one private email could not be
    retrieved: "Unfortunately, Dr. King's inbox did not have the email from Dr.
    Adams." If there were some higher authority that commanded the University to
    take these actions, let them release these "instructions." The existence of
    very strong constitutional arguments and wholly clear moral arguments
    against letting a would-be censor press her demands contradict any claim by
    UNC-W that it was "forced" to comply. Indeed, if such an instruction had
    been issued, UNC-W should have resisted. It could have won a victory for
    speech and privacy, instead of capitulating to abusive authority.
    
    *  Professor Adams does not defend UNC-W: In his response to critics,
    Provost Cavanaugh claims that Professor Adams defended UNC-W's actions on
    national television. In fact, when Professor Adams appeared on the news show
    "Hannity and Colmes," the appearance to which Cavanaugh refers, he praised
    precisely the *initial* actions of UNC-W when it denied the accuser's
    request. On that very show, however, Professor Adams called the University's
    subsequent action an "intrusion," and commented on the "serious chilling
    effect on free speech." Today, Professor Adams contacted FIRE to reiterate
    his belief that UNC-W has wronged him, chilled his speech, and violated his
    privacy. Indeed, he further stated that UNC-W continues to retaliate against
    him for allowing FIRE to take his case public.
    
    UNC-W had ample opportunity to respond and to dispute FIRE's position. On
    November 8, 2001, FIRE sent letters to the UNC-W administration and
    trustees, including Provost Cavanaugh, which covered all of the above claims
    in great detail and invited the University to comment.
    
    On December 3, 2001, forty more letters discussing the troubling aspects of
    this case were sent to the various parties. Again FIRE invited a response,
    and pleaded with the University not to humiliate itself further by its
    assaults on liberty, due process, and decency.
    
    Furthermore, FIRE's conclusions are based primarily on the internal
    documents of the case, including UNC-W's own letters and statements. What
    UNC-W is denying is the very set of signed official documents and
    correspondence that carried out and boasted about this injustice.
    
    FIRE is a nonprofit educational foundation that unites civil rights and
    civil liberties leaders, scholars, journalists, and public intellectuals
    from across the political and ideological spectrum on behalf of individual
    rights, due process, freedom of expression, academic freedom, and rights of
    conscience on our campuses. Copies of FIRE's letters to UNC-W are available
    at www.thefire.org.
    
    Contact:
    Thor L. Halvorssen, FIRE: 215-717-3473; fireat_private
    James Leutze, Chancellor of UNC-W: 910-962-3030; leutzejat_private
    Harold M. White, University Counsel, UNC-W: 910-962-3030; whitehat_private
    John C. Cavanaugh, Provost of UNC-W: 910-962-3389; cavanaughat_private
    Mike Adams, Professor at UNC-W: 910-962-3425; adamsmat_private
    
    ---
    
    
    
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