FC: Judge sides with Univ of California in student free speech case

[Declan McCullagh <declan@well.com>]

[Some background is at 
http://www.wired.com/news/print/0,1294,35829,00.html. Three cheers for the 
Foundation for Individual Rights in Education (thefire.org) and some brave 
politicians and students who have stood up for Chris along the way. --Declan]

*********

From: Chris.Brown@peoplelink.com
Subject: Decision in the "Disacknowledgement" Case.
To: declan@well.com
Date: Tue, 1 May 2001 11:35:15 -0700

Declan,

I thought that politechbot would be interested in learning that the judge
granted the defendant's Summary Judgment Motion in my First Amendment
lawsuit against officials at the University of California, Santa Barbara
(UCSB).   Federal Court Judge Ronald Lew ruled that the defendants were
entitled to qualified immunity.  He believed university professors were
acting within the scope of their duties when they removed my thesis from
the library and refused to grant my master's degree.  The issue was not the
caliber of the work, but the contents of the highly subjective
acknowledgement section.  As I have learned, UCSB allows praise of
university but will not tolerate criticism of the same.

I have always believe this to be a basic tenet of the first amendment.  I
will appeal the decision.

In truth, we had expected this ruling from this judge, but believed he
would give more careful consideration to three facts.

1) The decision of the one thesis committee member was based on his
Mennonite religious beliefs.
2) The university's own counsel advised the defendants that their position
was constitutionally problematic.
3) The university had previously taken a laissez fair  position with
respect to acknowledgement sections.  Previous students had criticized the
university, included comic strips, used profanity, expounded political
diatribes, etc.

If you or your readers are interested in brass tacks, I continue to make
all materials available on my website,
      http://www.disacknowledged.org
(I will have the written decision available when it becomes available).

I also suggest a more objective view from today's LA Times story.
      http://www.latimes.com/news/state/20010501/t000036742.html

Warmest Regards,

Christopher Brown 




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