Newsgroups: misc.legal,misc.legal.computing From: [k--d--e] at [cs.uiuc.edu] (Carl M Kadie) Subject: Re: Soliciting opinions: USENET and the 1st amendment Date: Thu, 8 Apr 1993 06:31:28 GMT =============== ftp.eff.org:pub/academic/faq/netnews.liability =============== q: Does a University reduce its likely liability by screening Netnews for offensive articles and newsgroups? a: Not necessarily. By screening articles and newsgroups the University may *increase* its liability. (Aside: Elimination of liability should not be the University's only goal.) According to the book _Law of the Student Press_ (in reference student newspapers), "Only two court cases have considered the liability question, and in both cases the courts found that the institution was free from liability because control was in the hands of the students.{33,34} ... Thus, despite arguments by administrators that they need to prevent libel, it appears that just the opposite is true: Where administrators have not exercised control over the content of student publications, the courts have refused to hold their schools responsible for libel appearing in such publication. If, however, administrators exercise the power of prior review, then the court will also hold them and their schools liable for the contents of such publications. Encouraging the establishment of a clear-cut separation between school administration and editor functions may also result in the reduction of libel suits, for potential plaintiffs will realize that substantial funds are beyond their reach. ... {33} _Mazart v. State_ 441 N.Y.S.2d 600 (1981) {34} _Milliner v. Turner_ 436 So.2d 1300 (La. App. 1983)" The recent _Cubby v. Compuserve_ decision also suggests that a no-screening policy may be best. The judge wrote: "CompuServe has no more editorial control over such a publication than does a public library, bookstore or newsstand, and it would be no more feasible for CompuServe to examine every publication it carries for potentially defamatory statements than it would be for any other distributor to do so." - Carl ANNOTATED REFERENCES (All these documents are available on-line. Access information follows.) ================= academic/student.freedoms.aaup ================= * Student Freedoms (AAUP) Joint Statement on Rights and Freedoms of Students -- This is the main U.S. statement on student academic freedom. ================= academic/speech-codes.aaup ================= * Speech Codes (AAUP) On Freedom of Expression and Campus Speech Codes Expression - An official statement of the American Association of University Professors (AAUP) It says in part: "On a campus that is free and open, no idea can be banned or forbidden. No viewpoint or message may be deemed so hateful or disturbing that it may not be expressed." ================= law/cubby-v-compuserv ================= * Expression -- Liability -- Cubby v. Compuserv Report of a federal district court case which said CompuServe could not be held liable for the defamatory content because it exercised no editorial control. ================= law/student-publications.misc ================= * Expression -- Offensive -- Student Publications -- Misc Quotes from the book _Law of the Student Press_ by the Student Press Law Center (1985,1988). They say that four-letter words are protected speech, that public universities are not likely to be liable for publications that they for which they do not control the contents, and that the _Hazelwood_ decision does not apply to universities. ================= faq/netnews.reading ================= * Netnews -- Policies on What Users Read q: Should my university remove (or restrict) Netnews newsgroups because some people find them offensive? If it doesn't have the resources to carry all newsgroups, how should newsgroups be selected? a: Material should not be restricted just because it is offensive to ... ================= faq/netnews.writing ================= * Netnews -- Policies on What Users Write q: Should my university allow students to post to Netnews? a: Yes. Free inquiry and free expression are an important part of a ... ================= faq/censorship-and-harassment ================= * Censorship And Harassment q: Must/should universities ban material that some find offensive (from Netnews facilities, email, libraries, and student publications, etc) in order to comply with antiharassment laws? a: No. The federal courts have said that harassing speech is different ... ================= ================= If you have gopher, you can browse the CAF archive with the command gopher gopher.eff.org These document(s) are also available by anonymous ftp (the preferred method) and by email. To get the file(s) via ftp, do an anonymous ftp to ftp.eff.org (192.88.144.4), and get file(s): pub/academic/academic/student.freedoms.aaup pub/academic/academic/speech-codes.aaup pub/academic/law/cubby-v-compuserv pub/academic/law/student-publications.misc pub/academic/faq/netnews.reading pub/academic/faq/netnews.writing pub/academic/faq/censorship-and-harassment To get the file(s) by email, send email to [archive server] at [eff.org.] Include the line(s) (be sure to include the space before the file name): send acad-freedom/academic student.freedoms.aaup send acad-freedom/academic speech-codes.aaup send acad-freedom/law cubby-v-compuserv send acad-freedom/law student-publications.misc send acad-freedom/faq netnews.reading send acad-freedom/faq netnews.writing send acad-freedom/faq censorship-and-harassment -- Carl Kadie -- I do not represent any organization; this is just me. = [k--d--e] at [cs.uiuc.edu] =