FC: Student disciplined for taping Tipper Gore: "Stolen property!"

From: Declan McCullagh (declanat_private)
Date: Tue Aug 13 2002 - 22:04:30 PDT

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    Previous Politech message:
    
    "American U. goes censorhappy: Arrests student taping Tipper Gore"
    http://www.politechbot.com/p-03787.html
    
    ---
    
    From: "Erich Wasserman" <ewat_private>
    To: <declanat_private>
    Subject: Student Journalist at American University Punished for Videotaping 
    Public Speech by Tipper Gore
    Date: Mon, 12 Aug 2002 11:43:07 -0400
    
    Declan,
    
    I thought this would be of particular interest to you and your readers
    for at least two reasons; first, a university is punishing a student
    journalist in what can only be called kangaroo court proceedings for
    videotaping a public event, and second, one of the charges against the
    student is possession of stolen property (images and sounds). American
    University claims that a contract was in force between it and Tipper
    Gore that prohibited any recording of her public speech. All parties
    agree that this contract was not promulgated by the University, so the
    student sat in the audience with a camcorder. When he was discovered by
    (plain clothes) campus police, his camcorder and tape were confiscated,
    and, among the charges the student faced subsequently were theft of
    copyrighted material (images and sounds) and possession of stolen
    materials (Mrs. Gore's likeness and words). As I'm sure you will agree,
    this claim of theft is a rather remarkable perversion of intellectual
    property law.
    
    Disclaimer: I am an officer of the Foundation for Individual Rights in
    Education (www.thefire.org), a non profit civil liberties group that is
    advocating on the student's behalf.
    
    Additionally, FIRE maintains a free email list, updating subscribers on
    cases involving free speech and academic freedom on America's college
    and university campuses. To subscribe:
    http://www.thefire.org/subscribe.php3.
    
    Hope you find this of interest,
    Erich Wasserman
    ewat_private
    
    
    
    -------
    
    WASHINGTON, DC-American University (AU) has punished an undergraduate
    student journalist for videotaping a public speech by Tipper Gore.  A
    kangaroo court at AU found the student guilty of "possession of stolen
    property." "American University jumped at the chance to silence a
    critic, without a care for free speech, journalistic freedom, and
    fundamental fairness," said Alan Charles Kors, president of the
    Foundation for Individual Rights in Education (FIRE).
    
    Ben Wetmore, a senior from Denton, Texas, is well known to
    administrators at AU for his opposition to University policies and
    expenditures.  He maintains a website where he criticizes and parodies
    AU President Benjamin Ladner and other AU officials.  On April 8, 2002,
    Wetmore attended a public speech by Tipper Gore.  AU gave no indication
    that videotaping at the event was banned.  Wetmore brought his camcorder
    with him to tape the public speech.  More than half an hour into the
    event, plainclothes campus security officers told Wetmore to stop
    taping.  Wetmore claims that they refused to identify themselves.  The
    Office of Public Safety testified, in response, that one officer
    "adjusted his suit jacket so that Mr. Wetmore could see his badge on his
    left hip."  According to the testimony of Karen Gerlach, then assistant
    director of student activities at AU (and now the director), as soon as
    she arrived and stated that she "did not want this incident to cause a
    disruption," Wetmore cooperated: "[He] then got up and came outside."
    
    
    Outside, the officers demanded that Wetmore turn over the tape.
    According to the Office of Public Safety's official judicial complaint,
    when Wetmore refused, the officers "pried the camcorder from Mr.
    Wetmore's hands, put him on the floor and placed him in handcuffs.  The
    videotape was confiscated."  Karen Gerlach testified:  "Mr. Wetmore
    indicated that he wanted to file assault charges against the officers."
    She also noted that "the red light of the camera was still on," and that
    it "might be recording."  An officer "then removed the tape from the
    camera and put it in his pocket." AU now refuses to return the student's
    tape of what occurred.
    
    Ben Wetmore was charged with seven violations of campus policy,
    including "theft" of Tipper Gore's "intellectual property."  As Gerlach
    testified, Ben Wetmore told the officers that the announced ban
    concerned flash photography only.  She added that the staff "did not
    have signs posted at the event stipulating this condition nor was a
    clear announcement made at the beginning of the event."
    
    FIRE's Legal Network secured the services of Jonathan Katz, a partner
    with the Maryland firm of Marks & Katz, to fight for Wetmore's rights
    through his administrative trial.  At the trial, Director of Judicial
    Affairs and Mediation Services Katsura Kurita, who has a law degree,
    assumed the roles of grand jury, judge, and juror.  AU prevented
    attorney Jon Katz from representing Wetmore at the hearing.  Of the two
    other jurors, one was Kurita's own clerk and the other was a student who
    had submitted charges of impeachment against Wetmore in the student
    government in 2000.  Wetmore was found guilty of five charges (including
    possession of stolen property, trespass, and failing to comply with the
    directions of university officials).  AU Assistant Vice President and
    Dean of Students Faith C. Leonard notified FIRE that "there is no right
    of appeal in cases heard by a disciplinary conference board."
    
    When Wetmore contacted FIRE, Greg Lukianoff, director of legal and
    public advocacy, first attempted to resolve the case informally.  He
    then wrote to President Ladner on June 11, 2002:  "No university that
    cares about student rights would allow a student who wished simply to
    videotape a public figure at a public event on its campus to be
    manhandled by authorities, to be found guilty of theft of images and
    sounds.to be denied an impartial panel, and to be placed on probation
    without any chance of appeal."  AU dismissed these concerns.
    
    In a revealing response to a letter about the case, AU Vice President
    and University Counsel Mary E. Kennard criticized Wetmore for ignoring
    the University's "admonitions" not "to post derogatory materials about
    staff on his website"-as if it were a crime to be publicly critical of
    the University.  Kennard's letter confirms what AU's behavior already
    revealed: the appalling treatment of Ben Wetmore was due to his
    political speech and journalistic activities.
    
    Wetmore was placed on disciplinary probation for one year, ordered to
    attend a conflict resolution workshop, assigned forty hours of community
    service (cleaning the auditorium), told to write several papers on "the
    topic of 'Conflict Resolution,'" stripped of an elected student
    position, and warned that another such incident may well result in his
    expulsion.  The judgment, written by Kurita, added, "The board is
    concerned that you are choosing to utilize confrontational tactics to
    address your personal agendas"-making Wetmore's website criticism of AU
    part of the proceedings against him.
    
    Through its Legal Network, FIRE has now secured the assistance of
    Solomon Wisenberg, a partner with the Washington firm of Ross, Dixon &
    Bell, who is coordinating pro bono litigation against AU.  Wisenberg
    said, "We are determined to pursue all available legal avenues and to
    use all means at our disposal to restore to Ben his rights as a
    journalist and as a student."
    
    "It is shameful that American University has treated a student
    journalist in this appalling manner," said Kors. "FIRE and its Legal
    Network will pursue its claims against AU until justice is done."
    
    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 rights, freedom of expression, academic
    freedom, and rights of conscience on our campuses.  FIRE's efforts to
    preserve liberty at American University and elsewhere can be seen by
    visiting www.thefire.org.
    
    Contact:
    Thor L. Halvorssen, FIRE: 215-717-3473; fireat_private
    Benjamin Ladner, President: 202-885-2121; presidentat_private
    Faith C. Leonard, Assistant Vice President and Dean of Students:
    202-885-3300; fleonarat_private
    Katsura Kurita, Director of Judicial Affairs and Mediation Services:
    202-885-3368; kuritaat_private
    Mary E. Kennard, Vice President and University Counsel: (202) 885-3285;
    mekesqat_private
    
    -30-
    
    
    
    
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