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University Censorship & Email



This has to do with university censorship of student e-mail. It's from
Cyberspace Law for Non-Lawyers. -- Joey Senat

       Date Posted: 17 February 1997
>
>
>                  *  *  *  *  *  *  *  *  *
>
>     FREE SPEECH  26  of 27
>     A FEW EXAMPLES -- PROBLEM 1
>
>     PROBLEM.  A university punishes a student because he sent a
>               misogynistic e-mail to some people who were
>               offended by it.  Violation of the U.S.
>               Constitution?
>
>     (page down for the answer)
>
>     SOLUTION.  There were two traps in this question.  First, is
>     the university private or public?  If it's private, then no
>     constitutional violation.  Yes, we know, most private
>     universities get lots of government subsidies of various
>     kinds, but that doesn't matter.  So long as the university is
>     not run by the government, it's not covered by the First and
>     Fourteenth Amendments.
>
>     Second, and more subtly, did the student use a university
>     e-mail account?  If it wasn't, the answer is easy:  The
>     government is acting as university educator, and can't punish
>     speech based on its content.  UNCONSTITUTIONAL.
>
>     If the account was a university account, then we have a
>     slightly knottier question.  The university is acting as
>     proprietor; it's providing the computer from which the
>     student sent the message, and it might argue that it at least
>     has the right to kick the student off the computer.
>
>     But at most universities, the e-mail systems are designated
>     public fora -- the university opens the systems up to
>     students to say whatever they want to say.  The university
>     can't then impose content-based restrictions (and certainly
>     not viewpoint-based restrictions) on what students say there.
>     So, again, UNCONSTITUTIONAL.
>
>     The university might, however, open the e-mail system up to
>     students but only for curriculum-related matters.  If the
>     misogynistic message is not curriculum-related, the
>     university might kick the user off for that.  On the other
>     hand, if it only punishes students who send misogynistic
>     messages and not other non-curriculum-related messages (e.g.,
>     jokes, party invitations, and so on), then it becomes clear
>     that it's discriminating not based on the ostensible purpose
>     of the form -- curriculum support -- but based on the speech
>     being misogynistic.  Again, UNCONSTITUTIONAL.
>
>
>             * * * * * * * * * * * * * * * * * * * * * *
>                              authors:
>
>             Larry Lessig    David Post    Eugene Volokh
>
>             * * * * * * * * * * * * * * * * * * * * * *
>
>
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>     -------------------------------
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>           Cyberspace-Law Listmeister
>           Alan_R_Lewine@SSRN.com
>

*************************************************************
*       Joey Senat                                          *
*       Doctoral Student                                    *
*       School of Journalism & Mass Communication           *
*       University of North Carolina @ Chapel Hill          *
*                                                           *
*       Voice:  (910) 584-6172                              *
*       E-Mail:  jsenat@email.unc.edu                       *
*                                                           *
*       1849 Stratford Road                                 *
*       Burlington, NC   27217                              *
*                                                           *
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