Freedom of Speech on Campus

gwayneco · Apr 14, 2006

Two different stories:

http://volokh.com/archives/archive_2006_04_09-2006_04_15.shtml#1144995826

Suggesting Anti-Gay Book for Inclusion in University Reading Program = Sexual Orientation Harassment? That's what Ohio State University (Mansfield) professors J.F. Buckley and Norman Jones are alleging, in a complaint that they have filed with the University. A conservative OSU reference librarian (Scott Savage) suggested that several books be included in the first-year reading program; one of the books -- The Marketing of Evil by David Kupelian -- is apparently anti-gay.

The professors claim in a formal complaint filed with OSU that this suggestion, and the librarian's arguments in its defense (which were apparently not otherwise anti-gay, not that this should matter), create a "hostile environment" for them based on their sexual orientation. (The complaint has been referred to as a sexual harassment complaint, but it's really a sexual orientation harassment complaint, see the first paragraph on page 2 of the Ohio State harassment policy.)

Here are copies of the relevant documents, attached to an Alliance Defend Fund letter written on behalf of the librarian. (The ADF, as readers may know, is a public interest law firm that generally approaches things from a cultural/religious conservative perspective.) My summary above relies on the copies of the documents, not on the ADF's own accounts.

The university is now investigating the complaints. It's quite sad, I think, that these university professors are responding to offensive ideas not just by arguing against them, but by trying to coercively suppress them (apparently, according to the ADF's letter, with considerable support from their colleagues). I expect that the university will promptly dismiss the complaint, since even under the university's own policy such speech is not prohibited -- among other reasons, the speech wasn't "based on a person's protected status," since the statements weren't about the complainants, and weren't targeted towards the complainants because of their sexual orientation. But it reflects badly on the complainants that the complaint is even being filed.

Oh, and one related item, from a message during this debate written by another professor, Hannibal Hamlin (no, not the Hannibal Hamlin): "On the matter of homophobia, I think you should be rather careful, Scott. OSU's policy on discrimination is not simply a matter of academic orthodoxy, but a matter of human rights." Yes, reference librarians, professors, students, everyone: On matters of certain viewpoints that are prohibited by university policies, we think you should be rather careful.

Thanks to commenter Gaius Obvious for the pointer.
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and

http://news.cincypost.com/apps/pbcs.dll/article?AID=/20060414/NEWS01/604140337

Crosses removed at NKU

By Stephenie Steitzer
Post staff reporter

A Northern Kentucky University literature professor could be disciplined for her role in the removal of nearly 400 crosses that were erected on campus as part of a school-sanctioned display by a right to life group.

Tenured professor Sally Jacobsen, who has been teaching at NKU since 1980, said she found the display offensive and asked students in her British literature class Wednesday night if they wanted to take down the crosses.

During a break in class, Jacobsen said she asked "if any students wanted to participate in practicing their freedom of speech in destroying the very offensive right to life, anti-abortion display in the central plaza."

"Some did," she said.

Jacobsen wouldn't say if she participated in taking down the crosses, which campus police later recovered in campus trash cans.

NKU President Jim Votruba said police are continuing to investigate and would turn the matter over to Campbell County, Ky., prosecutors and the university administration for review.

He said Jacobsen and the 10 to 12 students involved, whom police have not yet identified, could face disciplinary action.

"In my mind, this is a serious violation of a faculty member's responsibilities and undermines what a university is established to do," Votruba said.

He dismissed as "a ludicrous comment" Jacobsen's assertion that students were expressing freedom of speech, saying it doesn't apply to vandalizing or stealing property.

NKU Police Sgt. Dave Tobergte said police received a call about the theft at about 7 p.m. Wednesday. Police recovered most of the crosses and returned them to the NKU Right to Life group.

A police report valued the crosses at $600.

A sign identifying the display as the "Cemetery of the innocents" has not been found, said Dean of Students Kent Kelso.

He said students involved in the incident could face punishment ranging from a warning to expulsion.

The newly formed NKU right-to-life group put the crosses back up shortly after they were recovered, said sophomore Lauren Macke, one of 15 members of the organization.

University officials said Northern Right to Life obtained permission to erect the display Sunday. The group plans to take it down Saturday.

Macke said each cross represents 10 abortions that occur every day. She said members would continue putting the crosses back up no matter how many times they are taken down.

"It really shocked me because of course we're pro-life, but we try to respect other people's opinions, and people who are pro-choice," she said. "If anything, it will just increase our resolve and help us keep going with our mission."

Jacobsen said she felt "horribly violated" by the display, saying any woman going through the process of abortion "should not be slapped in the face by her university by calling her a scarlet woman."

Votruba said he would prefer Jacobsen and others who found the display offensive erect their own display.

"That's a civilized way to let ideas play off each other," he said.

In an e-mail sent to campus officials earlier this week and obtained by The Kentucky Post, Jacobsen demanded the display be removed immediately. She wrote that the crosses violated the separation of church and state because NKU is a state institution.

Votruba disagreed.

"If people are occasionally offended by points of view on a campus, that's what a university is all about," he said.

Votruba said he welcomes lively debate on such a hot-button issue on campus.

"We're a place where ideas get vetted," he said.
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SamFisher · Apr 14, 2006

Can we just make a young federalist/indie music forum so that gweenie will stop bothering us?

wnes · Apr 14, 2006

Cincypost said:

Crosses removed at NKU

By Stephenie Steitzer
Post staff reporter

A Northern Kentucky University literature professor could be disciplined for her role in the removal of nearly 400 crosses that were erected on campus as part of a school-sanctioned display by a right to life group.
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The bigger issue here is why NKU, a public-funded university, should get involved with a religious group on campus? Where is separation of church and state?

Is it just a coincident that the State of Kentucky is regarded as one of the perennial backwater states in the Union? And a coincident they re-elect a mentally unstable man to the US Senate?

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