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The Media Education CDA News

Marquette Dental Student Suspended For Blogging 644

whiteSanjuro writes "Reported first by the bloggers, and now the mainstream press, is a story of a student being suspended by his university for the rest of the academic year because of entries in the student's blog which the university did not view favorably. It has already had some chilling effects and looks like it will be setting a standard that students at private universities aren't guaranteed free speech online. The student (who wishes to remain anonymous) is appealing the university's decision in an effort to remain in classes and finish out the current semester, but even the terms of re-admittance (pdf) leave the blogger subject to probation, minus a scholarship, and prohibit future free blogging. Perhaps now is the time to consider joining the EFF if you attend a private university and have a blog."
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Marquette Dental Student Suspended For Blogging

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  • by way2trivial ( 601132 ) on Tuesday December 06, 2005 @01:51PM (#14194795) Homepage Journal
    I know I've read in the past that "private" universitys often have to participate in govermental requirements because they accept so much money from government development programs.. or they lose a lot of funding. So much so that almost every univ (except maybe oral roberts U) must knucle under.. why wouldn't this apply for individuals at a private/public establishment as well?

  • by headkase ( 533448 ) on Tuesday December 06, 2005 @01:58PM (#14194883)
    Yeah but,
    [Al Pacino: Scent of a Woman]
    If I was half the man I was 5 years ago I'd take a flamethrower to this place!
    [/Al Pacino]
    Seriously some things are more important than contracts and I believe free speech is one of them.
  • Re:Refund (Score:1, Interesting)

    by Anonymous Coward on Tuesday December 06, 2005 @02:06PM (#14194968)
    The college can hide a line in it's policy guide (who actually reads the whole thing) stating that all female students have to provide nude photos on demand. And it'd be perfectly legal.

    Did'n know sex discrimination is legal.
  • by Anonymous Coward on Tuesday December 06, 2005 @02:09PM (#14194995)
    Is it me or is the US getting to become more communistic...and China is 'becoming' more free?

  • Not Surprising (Score:2, Interesting)

    by ortcutt ( 711694 ) on Tuesday December 06, 2005 @02:14PM (#14195042)
    Marquette is a Catholic school. Free speech has never been a priority in the Catholic Church. They've silenced Galileo, Oscar Romero, whistleblowers of sexual abuse, ...
  • by AppyPappy ( 64817 ) on Tuesday December 06, 2005 @02:16PM (#14195064)
    When the web was young, universities were the incubators for some of the worst trash on the internet. Almost every racist site was kept at a university as "research". The worst of the anti-Clinton conspiracy rants were held at universities. Universities kept a hands-off approach and hid behind the mantle of free speech. Every crackpot was clamoring for a university account so they could put their insanity on display for the world to see.

    Today, universities are the bastion of the worst forms of Political Correctness and repression. You'll find the occaisonal Ward Churchhill holding on for dear life but they are a rarity. If it could cost the university in contributions, it's gone. If it could lead to criticism of "illustrious" faculty, it is gone. Everything is sanitized. Every email is checked for possible "offensive" speech. If you even mention Christmas, you are on report. Literally. If there is even the possibility for some nameless, faceless entity to be offended, it's right out.

    I bet you can't tell where I work.
  • by stlhawkeye ( 868951 ) on Tuesday December 06, 2005 @02:20PM (#14195105) Homepage Journal
    I signed up because I liked their line about Catholic/Jesuit values, not being just another number, and how they take care of their students. However, I had problems my freshman year and was struggling and the University actually threw up roadblocks to make it more difficult for me to seek help. I wanted to change majors and they wouldn't let me. This meant I had no access to an advisor who knew anything about the degree I wanted, and my current advisor was frustrated by the process. He even called the liberal arts college and demanded to know why I couldn't transfer. They said my GPA was too low to change majors, he said that was bullshit and told me that a more likely explanation is that I'm not on a scholarship and the Engineering college costs a lot more than the college of liberal arts. After a second year of much better grades but still being unable to change majors or get an advising appointment, I left.
  • Re:A side note. (Score:3, Interesting)

    by Jason Earl ( 1894 ) on Tuesday December 06, 2005 @02:20PM (#14195107) Homepage Journal

    Yes, and that's because Mr. Blogger chose to see what was behind door #3 instead of choosing the initial punishment which was a public apology, probation for the rest of his time at Marquette, and some alcohol abuse classes. This just goes to show that only a fool messes with the administration at a private university. They don't have to worry about political correctness. Heck, a school like Marquette doesn't even give a crap about the possibilities of negative publicity. Lots of students would be more than happy to take Mr. Blogger's place. That leaves the Marquette administrators the freedom to settle the problem in a deliciously "old school" fashion. They gave Mr. Blogger a chance to apologize and clean up his act, and now Mr. Blogger gets to do something else for a living.

    Perhaps next time Mr. Blogger will show a little respect. We are all free to say what we want, but only an idiot overlooks the possible repercussions of speaking their mind in public.

  • Googled Recruiting (Score:2, Interesting)

    by SpectralDesign ( 921309 ) on Tuesday December 06, 2005 @02:21PM (#14195130)

    Quote:
    Oh, and guess what? All that stuff you've been publishing on the internet under your real name? Every future, potential employer is going to see it as they all google recruits now. How many companies do you think actually want a known rabble-rouser in the midst?

    Seriously? How cool is that!?!? Since my name is Curtis Brown, then I get credit for being an Astronaut, a football star, a hockey star, a talent agent, a baseball player, a politician...

    Sheesh, why I could get into just about any line of work I could imagine!!!

  • by Anonymous Coward on Tuesday December 06, 2005 @02:29PM (#14195200)
    they wanted to expel the blogger but now they are just forcing him to live in a motel for the rest of the semester, after which they will probably expel him.

    http://www.siliconvalley.com/mld/siliconvalley/132 43962.htm [siliconvalley.com]
  • Re:Refund (Score:5, Interesting)

    by Skjellifetti ( 561341 ) on Tuesday December 06, 2005 @02:31PM (#14195217) Journal
    If a private university accepts Federal dollars (for research and maybe for student loan programs) they may indeed be subject to the First Amendment. The logic being something like "Federal $s are being used for supression of free speech." Accepting Fed money puts big restrictions on what an institution can do. There is a case that was argued before SCOTUS today that asks if university law schools can prevent military recruitment at their schools. The universities say yes since the military discriminates against gays in contravention of their policies. The Feds are arguing no since the universities take fed research dollars and the law requires equal access to students by the miltary if the institution takes federal money.
  • by Shamashmuddamiq ( 588220 ) on Tuesday December 06, 2005 @02:37PM (#14195288)
    Wrong. You've been beaten pretty badly by the PC police. Any private citizen or organization should be able to do business however they like. I should be able to refuse to do business with you because you don't pay your bills, because I don't like your hair color, or simply because you're annoying. In a real free market, someone else will gladly pick up the slack. Go buy from them.

    Yes, racism is often a very bad thing. However, making it illegal sets a poor precedent, and erodes freedoms. What if I own an authentic chinese restaurant and I only want chinese people working there? There is nothing immoral about me turning away an Italian chef or a waitress from West Virginia.

    You said racism should be illegal. Here's a nice quote from Thoreau's Civil Disobedience:

    There is but little virtue in the action of masses of men. When the majority shall at length vote for the abolition of slavery, it will be because they are indifferent to slavery, or because there is but little slavery left to be abolished by their vote. They will then be the only slaves.
    Now replace "slavery" in the above quote with "racism". Making racism illegal didn't advance racial equality one bit. And it only became illegal after the average joe citizen had already decided it was generally immoral. But when the government made racism illegal, we lost some of our freedoms.

  • Re:Refund (Score:2, Interesting)

    by masdog ( 794316 ) <`moc.liamg' `ta' `godsam'> on Tuesday December 06, 2005 @02:56PM (#14195503)
    But, indirectly, they are funded by the government in some way. Almost every school in the United States accepts Federal dollars, either in the form of research grants and/or Federal Student Aid.

    Accepting this money requires them to abide by a number of conditions, one of which protects the students from reprisal if they speak their mind. Unless they slander or libel someone, the school has very limited recourse.
  • by FreeUser ( 11483 ) on Tuesday December 06, 2005 @02:57PM (#14195514)
    Marquette is a Catholic school. Free speech has never been a priority in the Catholic Church. They've silenced Galileo, Oscar Romero, whistleblowers of sexual abuse, ...

    Not only did the Catholic church silenced many visionaries in the past, they have within the last year appointed the man Pope John Paul II assigned to oversee the suffling of pedophile priests one-step-ahead of the law as the new (no doubt child-friendly) pope! One complicit man who willfully looked the other way as pedophiles were shipped to new parishes for a little "fresh meat" (and a stay-out-of-jail-free card) is now on the fast track to being sainted, while the man who actually did the shuffling is now pope (and no doubt soon to be promoted to the Right Hand of God Himself).

    The sad thing is, mothers the world over are redoubling their efforts to be sure their children attend mass. Isn't that just precious?
  • by 6350' ( 936630 ) on Tuesday December 06, 2005 @03:21PM (#14195776)
    Reminds me of a story in Seattle wherein an admittedly mean old man living at a subsidized housing place for the elderly would post unpleasant things about where he lived on his (kooky) website. It went to court, and the judge ordered him to alter his site. The man eventually wound up in jail after infuriating the judge (by doing things like hosting content in the Netherlands), and was even put in solitary confinement for a bit.

    http://www.seattleweekly.com/features/0222/nc-ande rson2.shtml [seattleweekly.com] http://seattlepi.nwsource.com/local/74939_freespee ch17.shtml [nwsource.com]
    His wacky tinfoil hat website: http://www.contracabal.org/# [contracabal.org]
  • by JakiChan ( 141719 ) on Tuesday December 06, 2005 @03:37PM (#14195964)
    Which means that he's free to sue. Quite often these days it seems when the criminal court can't accomplish something, folks turn to the civil court. So while his treatment may not be illegal (although ill advised), it may be actionable. If the school were to get sued for millions of dollars it would hurt them more than any other action he could take. Seeing that they took his money, they entered into a contract. I would be that a smart enough lawyer could find a way to sue them for breaking that contract.
  • by shrtcircuit ( 936357 ) on Tuesday December 06, 2005 @04:06PM (#14196267)
    The ONLY thing the First Amendment guarantees with respect to free speech, is that the government cannot censure what you say. Here's an excerpt from a brief explanation on the Cornell Law School's web page:

    "The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that communicates a message."

    A private entity can prevent you from saying anything on something they control, and is under no obligation to like it and continue your use of their services if you say it somewhere else. Take an Internet forum for example - I run several. I withold ALL rights to delete, moderate, or edit any posting I find offensive. I could even take that a step further and do nasty things to posts which go against my personal views, however I choose not to. However I'd be perfectly legal in doing so, provided I didn't use the government's resources to do that enforcing for me.

    Nothing illegal happened here, and even though the school may receive government funding it does not mean they are an extension of the government itself. They can keep this kid from saying anything they want to on their web servers, etc - and if he posts something unfavorable, they can kick him out unless they're breaching some sort of contract in doing so. It isn't nice, and goes against the sort of free thinking a University is supposed to encourage, but it's legal. Ethics are a whole other side to the issue.
  • Re:OT (Score:2, Interesting)

    by TOWebstress ( 855727 ) * on Tuesday December 06, 2005 @04:08PM (#14196290)
    Thank you for posting that information. I am a Marquette University graduate, and have every intention of following up with them on this decision. I understand well that private schools have the right to make their own rules, and are not necessarily subject to the same policies as are state schools, but as a progressive school that represent fairness (caring for all, as their motto goes, being a Jesuit institution and all), I would certainly expect more from them. It's a school that encourages students to fight for what's right. And then it turns around and silences in this fashion. Puh-leeze.
  • Re:OT (Score:2, Interesting)

    by Ickster ( 639337 ) on Tuesday December 06, 2005 @04:30PM (#14196617)
    I think the fact that the student is being punished for the statements made on the blog indicate that it wasn't posted anonymously. I believe that the line "wishes to remain anonymous" is referring to the fact that he or she has no wish to be nationally villified / martyred for what is essentially a local matter.
  • by A nonymous Coward ( 7548 ) on Tuesday December 06, 2005 @04:37PM (#14196701)
    I said nothing about loving licensing. But corporations and businesses of all types would be much worse off without licensing extortion. The license says the government will let them write off business expenses and avoid much litigation. Whether or not this is a proper tradeoff is another topic for another day. In the meantime, having accepted that license as a means of getting benefits, business must respond by serving everybody who gave them that license. That's not a hard concept. I would love it if people could run a business without needing to bow and scrape to get licenses, but most such businesses would be sued into oblivion.

    I repeat: as long as a business accepts the benefits of having a license, it must serve all those who made the license possible.
  • Re:OT (Score:2, Interesting)

    by Jason Earl ( 1894 ) on Tuesday December 06, 2005 @04:52PM (#14196854) Homepage Journal

    Before you get all tied in knots. Here's the sequence of events.

    1. A student complained about Scott Taylor's blog.
    2. The Dean read the blog, realized that it was inappropriate, and suggested a punishment. The punishment consisted of probation, a public apology, and possibly some alcohol abuse classes.
    3. Mr. Blogger refused this punishment and forced the issue before a conduct committee comprised of students and faculty.
    4. The conduct committee sold Mr. Blogger down the river. Apparently Mr. Blogger didn't make much of an impression.

    You can't really blame this debacle on the administration at Marquette. The Dean tried to sort this out without suspending the student. Mr. Blogger chose instead to try behind door number three and found out that his own peers didn't appreciate his behavior. Seriously, as someone that went to Marquette can you imagine posting disparaging remarks about your professors and fellow classmates in a public blog and then, when confronted with your behavior, defying the Dean and demanding a conduct committee meeting? This kid was at Marquette on scholarship. I think that it's not unreasonable for Marquette administrators to count on their scholarship students to be good examples, not bad ones.

  • by Jtheletter ( 686279 ) on Tuesday December 06, 2005 @04:59PM (#14196938)
    Everyone else is whining about free speech in a private institution, half the posts modded to 4+ are redundant. You my friend are one of the few who nailed the issue right on the head. I think this is a greater problem at universities (private and public) than most anyone is even aware of. In most cases the university only has itself to answer to, so if it breaks its own rules, there is no way to appeal a decision or punish the university.

    As an example, when I attended college our university started finals early one fall semester in order to balance the number of days in the fall and spring semesters for its graduate students. Normally this wouldn't be an issue however it meant that finals started one day after the last day of classes, which was in clear violation of the university's own stated policy that no course could give a final earlier than 3 days after the end of classes. This was known as "Reading Day" and was put in place to ensure students had at least a little time to prepare for the gauntlet of finals. Students protested the breach of policy but the administration never gave any reasoning behind why it was appropriate, neccessary at that time, or even admitted that they had violated their own policy. The message given to students (as far as I'm concerned) was that the school was above its own rules, and that if the administration violated policy they were not accountable, but everyone else was. Now the case can be made that they make the rules so they can do whatever they damn well please, but why have a policy in the first place if it is not enforced or is overruled arbitrarily and without input from those who are affected the most?

    If there is no accountability to policy then what chance does any student have of due process in the system? I agree that private universities have every right to set their educational rules on their terms and that a student agrees to those terms, but there should be measures in place to ensure that the university actually plays by those rules and there should be consequences for the university if it doesn't adhere to its own stated guidelines. In this case, the fact that the student was not given due process and the offense was determined to not be in violation of the school's policies by the school's own co-director of ethics shows that the school was only interested in its own politics and not in fairly applying their own rules. If students are expected to agree and abide by the rules, the university must as well, elsewise they are in breach of contract just as much as a student would be.

  • Re:A side note. (Score:3, Interesting)

    by khallow ( 566160 ) on Wednesday December 07, 2005 @09:58AM (#14201538)
    Perhaps next time Mr. Blogger will show a little respect. We are all free to say what we want, but only an idiot overlooks the possible repercussions of speaking their mind in public.

    It appears to me that the university in question has shown itself unworthy of respect. They have engaged in immature, unprofessional behavior. Second, they have done so very publically. Finally, it amazes me that the university hasn't considered the legal ramifications of its harsh and subjective punishment of this student. The financial amount of a lawsuit probably would be small, but it looks to me like the student has a good case and this potentially could cause far more harm to the university's reputation than any rude, uppity student.

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