Say What?! Free Speech, UVM Policy,

and Online Communication

Dean WilliamsComputing and Information

TechnologyJune 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 free-speech 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. … high-stakes, 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 Institutional Values

Policy

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

EthicsEducation, 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?

Evaluations

Answers!

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 01:44:41From: xxxxx@gnu.uvm.eduTo: xxxxx@gnu.uvm.eduSubject: 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