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BuffaloJack
Master Chief Petty Officer of the Navy
Joined: 10 Aug 2004
Posts: 1637
Location: Buffalo, New York
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 Posted: Wed Jul 27, 2005 1:46 pm Post subject: On Campus, Only Some Free Speech Protected |
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http://www.foxnews.com/story/0,2933,163705,00.html
| Quote: | On Campus, Only Some Free Speech Protected
By Wendy McElroy
The publicly funded William Paterson University (search) in New Jersey reprimanded Jihad Daniel for discrimination and sexual harassment. The 63-year-old Daniel, who is both an employee and a student at the university, is now at the center of a free speech controversy.
He is also a fine example of the sleight-of-hand being called "due process" by universities that quash politically incorrect speech.
The facts are uncontested.
On March 7, Arlene Holpp Scala (search), chair of the Women's Studies Department, sent Daniel an unsolicited e-mail announcement of an upcoming film event: "'Ruthie and Connie: Every Room in the House,' a lesbian relationship story." Scala advised those who wished to respond, "Please do not hit reply, click here," thus directing messages to her university e-mail address.
On March 8, Daniel clicked to privately reply, "Do not send me any mail about 'Connie and Sally' and 'Adam and Steve.' These are perversions. The absence of God in higher education brings on confusion. That is why in these classes the Creator of the heavens and the earth is never mentioned." [His message is quoted in full. No other communication with Scala ensued.]
On March 10, Scala filed a complaint with the university claiming Daniel's message sounded "threatening."
"I don't want to feel threatened at my place of work," she explained.
On June 15, university President Arnold Speert (search) issued a letter of reprimand, to be placed in Daniel's permanent employment file.
The unsavory matter might have ended there, but the stakes were raised by the Foundation for Individual Rights in Education (FIRE) and by Peter C. Harvey, the attorney general of New Jersey.
FIRE's mission is "to defend and sustain individual rights at America's increasingly repressive and partisan colleges and universities.
"These rights include freedom of speech, legal equality, due process, religious liberty, and sanctity of conscience."
Greg Lukianoff of FIRE reminded Speert that his university, as a public institution, had a duty to protect the "constitutional rights of all its faculty, staff, and students … and that no federal, state, local, or university rule, policy, or regulation trumps the exercise" of those rights.
Lukianoff flatly stated, "No one here was 'harassed' or 'threatened' as defined by the law." Instead, the university "simply strongly disliked a student's point of view."
Interestingly, the first response to FIRE was not from Speert but from Attorney General Harvey, who replied "on behalf" of the university. Harvey said the penalty against Daniel would stand because, as an employee, he had violated New Jersey policies against discrimination, harassment and creating a hostile environment in the workplace.
Several aspects of the entire exchange are interesting.
First, the entire weight of the state's legal authority is being directed at quashing Daniel's personal response to an unsolicited e-mail - an e-mail that invited feedback by instructing recipients on how best to do so. The university obviously feels the need to draw a big gun on this little man.
Second, Lukianoff refers to Daniel as a student; both Speert and Harvey call him an employee. Daniel is legitimately both, but in the capacity of student he undoubtedly has more established procedural "rights" against the university. The attorney general's office clearly wishes to reduce the "rights" it needs to recognize.
But as Lukianoff states: "Even in a workplace, it is ridiculous to conclude that a one-time e-mail constitutes unlawful discrimination and harassment. It is especially ridiculous to apply such a policy to a working student at an institution of higher education that has a special responsibility to ensure academic freedom."
Here the concept of "due process" emerges in full. As with freedom of speech, the university's policies seem to reduce to the formula, "rights for me but not for thee."
For example, according to Speert's view of free speech, Scala has the right to send an unsolicited and unwanted promotion of a pro-lesbian film over the university's network. Daniel has no right to respond with his personal opinion and a request for no contact in the future.
According to Speert's view of due process, if Scala feels threatened by a moralistic dismissal of an issue she chose to raise, then the attorney general's office should flex its muscle to protect a frail woman so imperiled. Meanwhile, Daniel has no right to even examine the evidence brought against him. He merely has the right to appeal.
In his letter, Lukianoff stressed that "due process" was being disregarded in order to chill dissent. Both Speert and Harvey replied that "due process" was clearly in place and pointed to the administrative procedures to which Daniel could appeal.
Making someone jump through bureaucratic hoops that embody a biased procedure is not due process. A kangaroo court that includes the right of appeal to a higher kangaroo authority does not constitute due process. It is a travesty.
Due process does not reside in bureaucracy. It is a set of legal principles established through tradition to protect "the accused," who is innocent until proven guilty. Those principles include the right to face and question your accuser, the right to examine all evidence against you.
Daniel has been granted neither. And the most extraordinary aspect of this denial of free speech and due process is that the attorney general's office felt it necessary to so quickly and heavily weigh in on a small matter. Or is it?. |
http://www.foxnews.com/story/0,2933,163705,00.html
Typical Liberal Campus stuff.
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Swift Boats - Qui Nhon (12/69-4/70), Cat Lo (4/70-5/70), Vung Tau (5/70-12/71) |
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coldwarvet
Admiral
Joined: 03 Jun 2004
Posts: 1125
Location: Minnetonka, MN
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| Posted: Wed Jul 27, 2005 2:08 pm Post subject: |
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| Quote: | | "Do not send me any mail about 'Connie and Sally' and 'Adam and Steve.' These are perversions. The absence of God in higher education brings on confusion. That is why in these classes the Creator of the heavens and the earth is never mentioned." [His message is quoted in full. No other communication with Scala ensued.] |
And what kind of paranoia is it that sees a threat in this communication. I am no psychologist but I am thinking that perhaps her out lash has more to do with the guilt she feels form perpetuating a sin full life style then paranoia.
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Defender of the honor of those in harms way keeping us out of harms way.
"Peace is our Profession"
Strategic Air Command - Motto
USAF 75-79 Security Police |
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Armybrat/Armymom
Commander
Joined: 27 Aug 2004
Posts: 335
Location: Central Texas
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| Posted: Wed Jul 27, 2005 2:18 pm Post subject: Re: On Campus, Only Some Free Speech Protected |
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[quote="BuffaloJack"]http://www.foxnews.com/story/0,2933,163705,00.html
| Quote: | On Campus, Only Some Free Speech Protected
By Wendy McElroy
And the most extraordinary aspect of this denial of free speech and due process is that the attorney general's office felt it necessary to so quickly and heavily weigh in on a small matter. Or is it?. |
http://www.foxnews.com/story/0,2933,163705,00.html
I think there is more fear/paranoia of the liberals/homosexuals than of a Christian who's rights are becoming less and less as each day passes. Now that homosexuals are out of the closet and becoming the norm, Christians are supposed to go into the closet so not to offend. |
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Uisguex Jack
Rear Admiral
Joined: 26 Jul 2004
Posts: 613
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| Posted: Wed Jul 27, 2005 2:36 pm Post subject: |
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I'd bet her fear is born of her apparent bigotry.
The mans name appears to be of Islamic origin. Hence his name in and of itself is 'threatening'. The only true 'multiculturalism' I see these 'liberals' embrace is the proselytizing of homo-sexuality, atheism and abortion.
It is my strongest belief that the true racists and bigots of this land lie far and wide in the demographics of the 'progressive' and 'democratic' parties.
I have frequently heard from their very lips the ridiculing of any American of colour suporting the Republican party, be it African, Asian or Hispanic, as just Crazy black people. By their standards no person of colour should uphold the concept of individual responsibility for ones individual actions.
Oblivious to the reality that the Republican Party is born of the concepts of States rights and the abolition of Slavery.
Certainly they don't want to be held accountable for their own actions. All for abortion..... but adamantly opposed to the death penalty or corporal punishment
From Gordon Liddy's site:
http://www.liddyshow.us/liddyfile34.php
. | Quote: |
How To Be A Good Democrat
Posted May, 2003
1. You have to believe that the AIDS virus is spread by a lack of federal funding.
2. You have to believe that the same teacher who can't teach 4th graders how to read is somehow qualified to teach those same kids about sex.
3. You have to believe that guns in the hands of law-abiding Americans are more of a threat than U.S. nuclear weapons technology in the hands of Chinese Communists.
4. You have to believe that there was no art before federal funding.
5. You have to believe that global temperatures are less affected by cyclical, documented changes in the earth's climate, and more affected by liberal yuppies driving SUV's.
6. You have to believe that gender roles are artificial, but being homosexual is natural.
7. You have to be against capital punishment, but in favor of abortion-on-demand.
8. You have to believe that businesses create oppression and governments create prosperity.
9. You have to believe that hunters don't care about nature, but loony activists who've never been outside of Seattle do.
10. You have to believe that self-esteem is more important that actually doing something to earn it.
11. You have to believe that the military, not corrupt politicians, start wars.
12. You have to believe the NRA is bad because it supports certain parts of the Constitution, while the ACLU is good because it supports certain parts of the Constitution.
13. You have to believe that taxes are too low, but ATM fees are too high.
14. You have to believe that Margaret Sanger and Gloria Steinem are more important to American history than Thomas Jefferson, General Robert E. Lee, or Thomas Edison.
15. You have to believe that standardized tests are racist, but racial quotas and set-asides aren't.
16. You have to believe that Hillary Clinton is really a lady.
17. You have to believe that the only reason socialism hasn't worked anywhere it's been tried is because the right people haven't been in charge.
18. You have to believe conservatives telling the truth belong in jail, but a liar and sex-offender belong in the White House.
19. You have to believe that homosexual parades displaying drag, transvestites, and bestiality should be constitutionally protected and manger scenes at Christmas should be illegal.
20. You have to believe that illegal Democratic funding by the Chinese Communists is somehow in the best interest of the United States.
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Last edited by Uisguex Jack on Wed Jul 27, 2005 4:00 pm; edited 1 time in total |
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coldwarvet
Admiral
Joined: 03 Jun 2004
Posts: 1125
Location: Minnetonka, MN
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| Posted: Wed Jul 27, 2005 2:38 pm Post subject: Re: On Campus, Only Some Free Speech Protected |
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[quote="Armybrat/Armymom"] | BuffaloJack wrote: | http://www.foxnews.com/story/0,2933,163705,00.html
| Quote: | On Campus, Only Some Free Speech Protected
By Wendy McElroy
And the most extraordinary aspect of this denial of free speech and due process is that the attorney general's office felt it necessary to so quickly and heavily weigh in on a small matter. Or is it?. |
http://www.foxnews.com/story/0,2933,163705,00.html
I think there is more fear/paranoia of the liberals/homosexuals than of a Christian who's rights are becoming less and less as each day passes. Now that homosexuals are out of the closet and becoming the norm, Christians are supposed to go into the closet so not to offend. |
I worked with a homosexual for four years before he came out of the closet. Once he came out of the closet he wouldn't give up on trying to obtain my approval of his life style. It is my opinion it is the consciences of their own sin that drives them to be accepted. This consciences of sin also causes them to over react with little or no provocation.
CWV
_________________
Defender of the honor of those in harms way keeping us out of harms way.
"Peace is our Profession"
Strategic Air Command - Motto
USAF 75-79 Security Police |
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Armybrat/Armymom
Commander
Joined: 27 Aug 2004
Posts: 335
Location: Central Texas
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| Posted: Wed Jul 27, 2005 2:52 pm Post subject: |
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I thought I was safe drinking my coffee while reading this list UNTIL I got to #16. Total agreement with the list.
A young man in the church where I attended "decided" he was homosexual. There was an extreme personality change afterwards. Hostile is the only word I can use to describe it when we didn't embrace it. |
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dusty
Admiral
Joined: 27 Aug 2004
Posts: 1264
Location: East Texas
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| Posted: Wed Jul 27, 2005 6:13 pm Post subject: |
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I think you hit the proverbial 'Nail on the Head' CWV.
CWV wrote:
| Quote: | | I worked with a homosexual for four years before he came out of the closet. Once he came out of the closet he wouldn't give up on trying to obtain my approval of his life style. It is my opinion it is the consciences of their own sin that drives them to be accepted. This consciences of sin also causes them to over react with little or no provocation. |
Dusty |
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