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We like to think that the era when a stereotypical
"crusty old dean" regularly cracks down on student freedom is long past. In
1965, such a dean, Dean of Students H.W. Higginbotham, forced Thresher Editor
Hugh Rice Kelly out of office for refusing to talk to him about why Kelly left
the paper's faculty advisor out of the
Thresher
staff box.
Now, a series of events leads us to believe that Rice's free student press is
threatened again. This issue, run without editorial content, represents what a
paper might be like if the voice of free student expression is silenced.
Last week, Brown senior Marty Beard distributed 4,000 copies of a letter of
apology to 1997 Hanszen alumna Allison Fine. The letter was written as part of
her punishment; last May, Assistant Dean of Student Judicial Programs Patricia
Bass found her and one other student guilty of both harassment and sexual
harassment for publishing a parody newspaper called "The Rice Trasher" that
contained a fake article written about "Alice N. Whine." (As organizations, the
Thresher
and the "Trasher" are not related in any official way.)
The most relevant charges, libel and defamation, were not applied to Beard and
her co-editor, because it was obvious that they had not committed them.
Instead, the students were found guilty of the University's sexual harassment
policy.
What they published, although distasteful, was well within the limits of what
is permitted under a free press in the United States of America. Federal courts
have said that harassing speech is different from offensive speech. At state
universities, it is unconstitutional to restrict speech based on Equal
Employment Opportunity Commission rules, upon which Rice bases its sexual
harassment policy.
Rice can sanction students under its harassment policy because that policy is
included in the agreement all students sign when they come to Rice, effectively
abrogating our right to freedom of speech under the First Amendment.
But Rice claims to have higher standards than those of the typical private
corporation. Rice's policy of "freedom of speech and action" affirms the spirit
of the First Amendment; the only specific restriction placed on it is that free
expression cannot block University functions or access to campus. In 1995,
President Malcolm Gillis dedicated his matriculation address to the ideal of
making Rice "safe for ideas."
The standard applied in this case does just the opposite. Almost anything we
could have run in this issue, whether an article criticizing the football coach
or a negative review of a student play, could arguably be seen as harrassment.
A student who calls his roommate a "deadbeat" for not cleaning his room is
guilty of harassment if the roommate "feels harassed."
Bass seems to have ignored Rice's commitment to free expression in applying
sexual harassment policy, without precedent, to a student publication. Students
have a right to know how and why this happened. And they would be right to
question a disciplinary structure in which investigator, prosecutor, judge and
jury are the same person, and in which due process is not well-defined.
Beard, faced with either suspension or writing an administration-approved
letter of apology, chose the latter. But Beard's letter is aimed at the
Thresher
as much as it apologizes for her role in printing the
unaffiliated "Trasher." We have the right, then, to wonder about exactly what
the administration's "approval" of the letter entailed.
Beard's letter so confuses her "Trasher" with the
Thresher
that it
describes the "Trasher" staff as "among the best at Rice." Her letter suggests
Thresher
editors meet "biweekly with key administrators," a blatant
invitation to prior review of
Thresher
content. She also offers to write
an addendum to the
Thresher
style manual about sexual harassment and to
hold harassment seminars for
Thresher
staff.
Why the
Thresher
? We did nothing wrong. Last year, the
Thresher
uncovered a letter written by an administrator asking the Student Association
to censor the
Thresher
, and last spring the administration appointed an
adviser to student media. Over the summer, it designated an
ad hoc
committee to study the Thresher's relationship to the University.
This week's blank
Thresher
is meant as an alert, because we believe the
University has plans to influence our editorial content. But it is important to
stress that we are acting not for own sake, but for the sake of freedom of
expression at Rice.
Hundreds of students protested Hugh Rice Kelly's expulsion in front of Lovett
Hall in 1965, because they thought free speech was important. Free speech
exists at Rice not out of the kindness of the administration, but because
students like Kelly stood up for it, and because other students stood up for
him. It is our turn to stand up now.
This item appeared in the Opinion section of the September 12, 1997 issue.
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