CSL hearing turns spotlight on controversial Source pieces
Outcome may have far-reaching implications
Kat Schmidt
Issue date: 5/20/07 Section: News
Just hours after it was released on May 10, the Committee on Student Life's (CSL) decision finding The Primary Source guilty of harassment and creating a hostile environment was thrust into the national media. For many free speech experts, it seemed to land with a dull thud.
"It's very surprising, and troubling," said Michael Hiestand, a Washington-based attorney and a consultant to the Student Press Law Center (SPLC), a nonprofit organization that offers legal guidance to campus media. "It really does open up the door to a great deal of administrative interference in what are typically very strong free speech concerns."
Because Tufts is a private, rather than government, institution, its students are not subject to First Amendment protections from university interference, but Hiestand said that the CSL decision is still unusual.
"Had they found a university paper guilty of harassment and subject to the sort of discipline that you're talking about here - threatening its funding - at a public university, this would have very clearly violated the First Amendment: It [would be] totally unlawful," Hiestand said. "It's only because Tufts is a private institution that there isn't a clear First Amendment violation taking place here."
Specifically, he took exception with Tufts' definition of harassment. "That said, even if it's a private university, to find somebody guilty of harassment when there is no individual being harassed is pretty extraordinary," he said. "Harassment - typically, [it] requires there to be some individual person who feels victimized. You typically cannot harass an entire community."
The Foundation for Individual Rights in Education (FIRE), a nonprofit organization with which the Source consulted in preparation for the hearing, offered a similar view in a statement sent to the Daily by Samantha Harris, its director of legal and public advocacy.
"The university's definition of harassment is extremely overbroad and prohibits a great deal of constitutionally protected speech," the FIRE statement reads. "The legal definition of harassment in the educational context is conduct 'so severe, pervasive, and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit.'"
"It's very surprising, and troubling," said Michael Hiestand, a Washington-based attorney and a consultant to the Student Press Law Center (SPLC), a nonprofit organization that offers legal guidance to campus media. "It really does open up the door to a great deal of administrative interference in what are typically very strong free speech concerns."
Because Tufts is a private, rather than government, institution, its students are not subject to First Amendment protections from university interference, but Hiestand said that the CSL decision is still unusual.
"Had they found a university paper guilty of harassment and subject to the sort of discipline that you're talking about here - threatening its funding - at a public university, this would have very clearly violated the First Amendment: It [would be] totally unlawful," Hiestand said. "It's only because Tufts is a private institution that there isn't a clear First Amendment violation taking place here."
Specifically, he took exception with Tufts' definition of harassment. "That said, even if it's a private university, to find somebody guilty of harassment when there is no individual being harassed is pretty extraordinary," he said. "Harassment - typically, [it] requires there to be some individual person who feels victimized. You typically cannot harass an entire community."
The Foundation for Individual Rights in Education (FIRE), a nonprofit organization with which the Source consulted in preparation for the hearing, offered a similar view in a statement sent to the Daily by Samantha Harris, its director of legal and public advocacy.
"The university's definition of harassment is extremely overbroad and prohibits a great deal of constitutionally protected speech," the FIRE statement reads. "The legal definition of harassment in the educational context is conduct 'so severe, pervasive, and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit.'"
Viewing Comments 1 - 3 of 5
Joe
posted 5/20/07 @ 10:11 PM EST
"Harrassment". Seriously. People get offended by all sorts of things these days. And since Tufts is a bastion of liberalism at its worst, people think they have a right *not* to be offended. (Continued…)
Sarah
posted 5/30/07 @ 2:17 AM EST
Harassment - you'd be singing a different tune if you were Black, or Arab. I assume you're not based on your attitude and obvious ignorance of the situation. (Continued…)
Sandy
posted 5/30/07 @ 2:32 AM EST
What else is amusing... that while claiming to promote dialog and political discussion (try backing that one up with a valid example, i dare you), the Source has turned OFF the comment feature on their webpage post about the decision. (Continued…)
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