Say What?! Free Speech,
UVM Policy, and Online
Communication
Dean Williams
Computing and Information Technology
June 21, 2005
Say What?! Free Speech, UVM Policy, and Online
Communication
•
As an academic institution, UVM values the free exchange
and expression of ideas, whether communication takes
place in person or online. Through case studies, this session
will look at situations where free speech rights bump up
against the law, UVM policy, and the objections of those
who are offended. Are there restrictions on web browsing?
Who monitors my online communication? Do different rules
apply to personal and institutional email and web pages?
What recourse does one have as a victim of unwanted
electronic communication?
• Sign-in
• Evaluations
In the News
• U. of Rhode Island Professor Finds Peril in
Publishing on the Internet
A women's-studies professor … says the
university has censored her by ordering
her to remove two articles from her
university Web site, after two people
mentioned in the articles threatened to
sue her.
[Chronicle Of Higher Education, 6/18/2004]
In the News
• Trustee Election at Dartmouth Is Seen as
'Battle for Academic Freedom’
... dueling Web sites, charges of
improper electioneering, an extended
voting deadline, and the attention of freespeech advocates.
[Chronicle, 5/13/2005]
• 2 Critics of Dartmouth Are Elected to
Board ...candidates who … ran on
platforms criticizing the college's
commitment to free speech.
[Chronicle, 5/27/2005]
In the News
• Inside a Free-Speech Firestorm: How a professor's
3-year-old essay sparked a national controversy
…Hours after the September 11, 2001, terrorist
attacks, Ward Churchill compared the victims to
the Nazis. …
Yet other than a brief mention in
The Burlington Free-Press during a December 2001
visit to the University of Vermont, the essay
never made the news. So why now? The answer
lies in the power of Bill O'Reilly, Weblogs, … an
online essay … [Chronicle, 2/18/2005]
In the News
• Controversial Weblogs and Academic
Freedom
… what may be the first major controversy
triggered by statements on a faculty member's
Weblog. Eric B. Rasmusen… had posted his
opposition to the employment of gay people as
schoolteachers … Rasmusen promptly agreed to
delete his Weblog, which is on the university's
Web site, from the server while officials reviewed
the controversy. He reposted it the next day after
university lawyers ruled that no policies had been
breached.
[Chronicle, 1/16/2004]
In the News
• Which Legal Issues Will Keep
Colleges Busy in the Year 2012? …
drawing lines between permissible
speech and impermissible incitement
can be exquisitely difficult. … highstakes, high-emotion conflicts over
academic freedom and expressive
rights … …[Chronicle, 5/27/2005]
WiredSafety.org
defines Free Speech
• The First Amendment to the U.S. Constitution gives
everyone in this country the right to free speech,
unrestricted by government interference.
• Now, this doesn't mean that government is powerless to
act when speech is concerned.
• For example, governments can set rules about when,
where, and how a group can stage a protest march -and forbid marches to take place at, say, three in the
morning with noise levels loud enough to puncture
eardrums. These "time, place, and manner" restrictions
are fine, as long as they apply to everyone and are
reasonable.
WiredSafety.org
defines Free Speech
• But, generally, the government can't set rules about the
content of communications --what is being said. Certain
exceptions to that rules exist, including one for obscenity.
This is called "unprotected speech." If something is
obscene, the government can regulate it, and criminalize
its use.
• Although the government is not permitted to censor
protected speech, that doesn't mean that people aren't
liable for what they say and do, especially when they say
things about others that can damage their reputation.
What is Free Speech Online?
• Modes
• Types of Content
• Are There Any Rules About It?
Modes of Online Expression
• Email
• ?
Modes of Online Expression
•
•
•
•
•
•
Email
Web
Instant messaging
Web logs -- blogs
What you access
Others?
Categories of Expression
• Political
• What else might someone object to?
Categories of Expression
• Political
• Obscene
• Commercial
• Harassing, personal
attacks
• Hate speech
• Offensive
The Rules
• ?
The Rules
• Law
• Policy
There Oughtta be a Law
• Don’t trust me; I am not a lawyer
• Legal and illegal content
 Harassment, defamation
 Pornography, obscenity, indecency
 Threats, incitement, fighting words
• Hostile Environment
• Common carrier versus content provider
The First Amendment
"Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the government for a
redress of grievances."
Legal or Illegal? You decide:
•
•
•
•
•
Pornography
Emailed threats
Indecency
Child pornography
Advocating revolution in Sandistan
Legal or Illegal? You decide:
•
•
•
•
•
Pornography … usually (hostile environment)
Emailed threats
Indecency
Child pornography
Advocating revolution in Sandistan
 But Sandistan may not think so!
 "The First Amendment is merely a local ordinance on
the Internet" -- Timothy May
Group Exercise
• Offensive Images:
Public Lab
• $$ Easy Money!!!
• Inflammatory BB
Postings
• Email with Child
Pornography
• Lose Weight Now
Law + Values = Policy
Law
Policy
Institutional
Values
UVM Policies
• Computer and
Network Use Policy
• Email policy
• Web guide
• Advertising policy (not
officially adopted)
Computer & Network Use
• Lawful purposes which are consistent with
University policies and procedures
• Use for non-University matters ok, except …
• No non-University fundraising, commercial
purposes or personal financial gain
•
The University does not monitor and is not
responsible for content
UVM Email Policy
• Personal opinions versus views
authorized to express on behalf of
the University
• Standards of professionalism
• Signatures
• Broadcast emails
Beyond the Rules
Law
Policy
Ethics
Education,
Persuasion
Enforcement
Culture
Ethics
• Gray area outside law and policy
• The values you forgot to put in the policy
• Does "I can" mean it's okay?
Policy & Ethics Exercise
• Dorm cam
• Video on student’s
web site
• Link on personal web
site
• F*** on debate site
• Change the world
Education & Persuasion
• Get attention – entertain
• Cornell Travelers of the Electronic
Highway (TEH)
 Required orientation
 Netqtmov.ram
 Harassmv.ram
•
Collected by Marjorie Hodges Shaw, Cornell University. Presented at
Educause 2001
UVM Restrictions on Web
Browsing?
• ?
UVM Restrictions on Web
Browsing?
• Students: no
restrictions
• Employees: few
restrictions (job
performance)
Who Monitors My Online
Communication?
• ?
Who Monitors My Online
Communication?
• "The University does not monitor and is not responsible
for the content of the accounts and other computing
services it provides. Each user is responsible for all
information s/he accesses, makes available or
distributes using the computer/network account."
• “Access to files can be granted on request of the
department head.”
• USA PATRIOT Act
• CALEA
Rules for Personal and Institutional
Web Pages?
• "A site associated with UVM has certain
restrictions placed upon its design and
content."
Victim of Unwanted Electronic
Communication?
• Easy and effective:
 Ask (or tell) to stop
 Ignore
• Where's it coming from?
 UVM
 External
• How serious is it?
 Annoying
 Illegal
 Physical danger
Q&A
Questions?
Answers!
Evaluations
Thank you!
www.uvm.edu/~djw/presentations/saywhat/
Extras
Four Elements of Success
• Understand the law
• Understand the technology
• Effective policy-creation process
 Open and inclusive
• Effective follow-up
 Consistent
 Evolutionary
Defamation
• “Jim Gabostsky beats his children.”
• “Sylvia Anderson is from outer space.”
• “Britney Spears can’t sing.”
Defamation
• “Jim Gabostsky beats his children.”
• “Sylvia Anderson is from outer space.”
• “Britney Spears can’t sing.”
Defamation =
Libel and Slander
• Libel: printed or written
• Slander: Spoken
• Is it publication or is it speech:
 Email?
 Web?
Proving Defamation
•
•
•
•
•
Is it true?
Would a reasonable person believe it?
Tougher rules for public figures
Slander tougher to prove than libel
50 laws; 50 perspectives
Harassment
• MIT definition:
 “Harassment is any conduct, verbal or
physical, on or off campus, which has the
intent or effect of unreasonably interfering with
an individual's or group's educational or work
performance at MIT
 “or which creates an intimidating, hostile or
offensive educational, work or living
environment.”
Harassment
• MIT criteria:
 Did the incident cause stress that affected
your ability, or the ability of others, to work or
study?
 Was it unwelcome behavior?
 Would a reasonable person of your
gender/race/religion subjected to this behavior
find it unacceptable?
Harassment Example
From: "Xxxxxxx J. Xxxx" <xxxxxx@zoo.uvm.edu>
Hello, I opened my account to find 4,082 of
these messages. I have an idea of who's
responsible and would like to be advised
as to further legal action
against this person. Thanks
Harassment Example
---------- Forwarded message ---------Date: Sat, 4 Oct 2001 01:44:41
From: xxxxx@gnu.uvm.edu
To: xxxxx@gnu.uvm.edu
Subject: Kaboom!
you have been MAILBOMBED
In the News
• When Students Complain About
Professors, Who Gets to Define the
Controversy? ...teaching that course
["The Peopling of America"] because
black students protest against a
white man teaching it, you know that
free speech is over."[Chronicle, 5/13/2005]
In the News
• Critic of President Put on Trial in Botswana
...at the university. … It's about freedom
of speech." … "The average guy in the
street here supports me strongly."[Chronicle,
5/20/2005]
In the News
• … issues of administrative judgment
and not issues of academic freedom
or free speech. It will be helpful to
remind ourselves of exactly what
freedom of speech is ... [Chronicle,
5/13/2005]
In the News
• Terrorism Trial of Ex-Professor Gets
Started in Florida ... guilt by
association … trampling Mr. Al-Arian's
fundamental rights to free speech
[Chronicle, 6/17/2005]
In the News
• ...Horowitz, a conservative activist,
to introduce an "Academic Bill of
Rights" resolution calling on colleges
to protect the free-speech rights of
conservative faculty members and
students. [Chronicle, 6/17/2005]
Policy Principles
• Better to say "yes" and deal with the
challenges, than to say "no" and miss
opportunities
• Does IT require new policies?
 Policy lags innovation