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Abe Kohen
Guest
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| Posted: Sun Feb 15, 2004 11:09 pm
Post subject: An MIT view on students right to to free speech at private |
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The specific situation that led the Institute to a review of the housing
policy was the flying of a flag outside a dorm window that resulted in a
student filing a complaint raising concerns of the flying of this flag and
respect issues. The complainant maintained the flag represented an
unwelcoming environment. The student who hung the flag claimed he had a
right of freedom of speech or expression.
Principles of the First Amendment like freedom of speech, relate to
protection of individual rights from governmental interference, and do not
apply directly to private institutions. Many people have an impression that
students have a constitutional right to free speech at private institutions;
however, most of the press regarding this issue relate to issues at public
universities which are subject to very different legal standards. However,
while the First Amendment and all its legal standards are not applicable as
such, private universities like MIT have long standing and deeply held
traditions of academic freedom and encourage the free exchange of ideas and
beliefs, including ideas that others disagree with. At the same time,
private universities like MIT are concerned about respecting all members of
the community, and in particular, in providing remedies for words or actions
that constitute improper harassment. They also distinguish between debate in
the classroom and other public forums, and the fact that dormitories are the
students' homes, to which different considerations apply. An innocent
communication may ultimately be potentially offensive or harassing to an
individual or group. |
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thc
Guest
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| Posted: Fri Feb 20, 2004 4:04 am
Post subject: Re: An MIT view on students right to to free speech at priv |
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| Quote: | Principles of the First Amendment like freedom of speech, relate to
protection of individual rights from governmental interference, and do not
apply directly to private institutions.
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That is correct. Most parents and students don't realize that students
lose their Constitutional rights the moment the set foot on campus,
agreeing to whatever rights the school decides to give their students.
So, a private school like Bob Jones University can ban interracial
dating, for example. Even at public schools, Constitutional rights of
assymbly, speech, religion and due process, etc., can be and are
severely constrained if the school administrators have had the
"foresight" to write the school handbook so that student rights are
what they decide they are - and that's all. There is even a large
legal association that specializes, for a fee, in helping schools
create ironclad "codes," that circumvent the law and give dictatorial
powers to administrators. Due process, for example, is a myth at most
colleges, as students are subjected to "Star Chambers" when accused of
anything from date rape to fraternity hazing to cheating to swiping a
cookie from the cafeteria. There is no innocent until proven guilty -
it is usually guilty by whim. There are dozens of cases of date rape,
where a student has been found innocent by civil judicial authorities,
but convicted and expelled from school anyway. The boy (or girl) with
the flag at MIT just got into a world of trouble that could hurt their
ability to go on to grad school. I suggest they contact the Foundation
for Individual Rights in Education - FIRE at www.thefire.org - They
have a comprehensive website detailing the legal ins and out of this
kind of situation. In some of the better publicized cases, FIRE has
been able to humiliate the school into doing the right thing. |
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rick++
Guest
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| Posted: Fri Feb 20, 2004 10:19 pm
Post subject: Re: An MIT view on students right to to free speech at priv |
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| Quote: | The specific situation that led the Institute to a review of the housing
policy was the flying of a flag outside a dorm window that resulted in a
student filing a complaint raising concerns of the flying of this flag and
respect issues. The complainant maintained the flag represented an
unwelcoming environment. The student who hung the flag claimed he had a
right of freedom of speech or expression.
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It was the flag of middle-eastern country in a civil war- a highly
contentious issue. |
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Abe Kohen
Guest
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| Posted: Sun Feb 22, 2004 7:48 am
Post subject: Re: An MIT view on students right to to free speech at priv |
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"rick++" <rick303@hotmail.com> wrote in message
news:f7422d8e.0402200719.30ddb83a@posting.google.com...
| Quote: | The specific situation that led the Institute to a review of the housing
policy was the flying of a flag outside a dorm window that resulted in a
student filing a complaint raising concerns of the flying of this flag
and
respect issues. The complainant maintained the flag represented an
unwelcoming environment. The student who hung the flag claimed he had a
right of freedom of speech or expression.
It was the flag of middle-eastern country in a civil war- a highly
contentious issue.
|
It was the flag of Israel, a country at war with the P.A., however, as of
now, not in a civil war.
The graduate student placed it outside his window as a symbol of pride. Not
much different than someone placing an American flag or a flag of the
Vatican.
Even if it had been a flag of the P.A, or the PLO, it would have been free
speech, abhorrent as that flag may be to me, I would have stood up for a
student's right to fly his flag.
Most of today's college administrators were proponents or beneficiaries of
the Free Speech Movement.
What's next? Removal of all the posters and groups opposite the Student
Union at MIT, or near Sather Gate at Cal?
Abe |
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thc
Guest
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| Posted: Sun Feb 22, 2004 11:44 pm
Post subject: Re: An MIT view on students right to to free speech at priv |
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"Abe Kohen" <akohen@xenon.stanford.edu> wrote in message news:<c18u89$1g1o88$1@ID-102750.news.uni-berlin.de>...
| Quote: | "rick++" <rick303@hotmail.com> wrote in message
news:f7422d8e.0402200719.30ddb83a@posting.google.com...
The specific situation that led the Institute to a review of the housing
policy was the flying of a flag outside a dorm window that resulted in a
student filing a complaint raising concerns of the flying of this flag
and
respect issues. The complainant maintained the flag represented an
unwelcoming environment. The student who hung the flag claimed he had a
right of freedom of speech or expression.
It was the flag of middle-eastern country in a civil war- a highly
contentious issue.
It was the flag of Israel, a country at war with the P.A., however, as of
now, not in a civil war.
The graduate student placed it outside his window as a symbol of pride. Not
much different than someone placing an American flag or a flag of the
Vatican.
|
Don't forget that today's college campuses are awash with
anti-Semitism - a marriage of the far-left pro-Palestinians, the
academics who preach the United States caused 9/11 and that suicide
bombers are freedom fighters, and the youthful myopia of those against
the war in Iraq. |
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