THE EVIL EMPIRE HAD GOOD SPORTS TEAMS TOO. The University of Georgia
has many distinctions, including earning University Diaries honors as
The Worst University in America, and this academic year's
top party school. It's also an academic gulag, in which a student was
subject to judicial sanction for mocking parking services' placement of scooter parking.
Did you hear about the Soviet soldier who got 26 years for calling his general an idiot?Isn't that harsh punishment?Not at all. He got a year for insubordination and 25 years for revealing a state secret.What makes
nachalstvo in Georgia so
touchy about parking?
The judicial sanctions story
has been Instalanched. The student sought the assistance of
The Foundation for Individual Rights in Education, and
The Worst University in America has
backed off.
Meanwhile, on September 10, FIRE wrote UGA President Michael F. Adams, explaining that [thoughtcriminal Jacob] Lovell's grievance was protected by the First Amendment. FIRE also repeated to President Adams that UGA maintains unconstitutional speech codes in addition to the regulations used against Lovell's protected speech, and that administrators could be held personally liable by a court for the violation of students' constitutional rights—as a federal judge in Georgia ruled recently in a case involving the president of Valdosta State University.
FIRE's letter, as usual, did the job. On September 14, [Associate Dean of Students Kimberly] Ellis informed Lovell that she "did not find sufficient evidence to move forward" with the charges and that the matter was now "closed."
Well, if a student can't complain about scooter parking, how can students be expected to feel able to take on anything genuinely controversial without the threat of punishment? On campus after campus we have seen that school administrators have forgotten that truly fostering a "marketplace of ideas" necessarily means sometimes hearing things you do not want to hear.
Ellis never should have let the case linger or almost a month. As soon as it is clear that the speech in question is protected by the First Amendment, the investigation must end. Fortunately, however, after FIRE intervened, Ellis did the right thing and ended the investigation.
You can tell President Adams what you think. Let's make sure President Adams understands that UGA must reform its unconstitutional policies before another student's rights are violated.
The Foundation's victory over the
overweening president of Valdosta State is more significant.
Former Valdosta State University student Hayden Barnes was expelled from Valdosta State University in 2007 because university president Ronald Zaccari claimed he posed a "clear and present danger" both to the campus and to Zaccari personally. What had Barnes done to produce such a dramatic response? He had publicly protested Zaccari's decision to build a $30 million dollar parking garage, most notably by posting a collage he had created with Microsoft Paint on his Facebook account. For opposing the parking garage, Barnes found a note slipped under his dorm room door giving him 48 hours to leave campus.
After being kicked out of school, Barnes filed a federal civil rights lawsuit against Zaccari, VSU, and a number of administrators, for violating his rights to freedom of speech and due process.
In a decision handed down on September 3, the district court held Zaccari personally and financially liable for brazenly violating Barnes' right to due process. The court also held the Board of Regents responsible for violating the contractual promises of due process the university made in its student handbook.
Dear reader, you really must read the details of Commissar Zaccari's pursuit of this subversive.
Go there. I'll wait for you to return.
In numerous meetings, Zaccari was told by staff that this mere Facebook collage could not possibly be considered a threat, but Zaccari nonetheless decided to use it as justification for expelling Barnes.
I first became involved in this case back in October of 2007, a few months after Barnes had been expelled. Given that the facts were so ridiculous and horrible, and the violation of student rights so blazingly obvious, I felt sure that VSU, like most schools in this situation, would quickly back down after receiving a stern letter from FIRE.
Instead, after numerous press releases and articles shaming VSU, VSU did not budge. Therefore, we enlisted the help of renowned First Amendment lawyer Robert Corn-Revere of Davis Wright Tremaine in DC and Cary Wiggins of The Wiggins Law Group in Atlanta. Shortly after Corn-Revere and Wiggins filed suit on Barnes' behalf in January 2008, the Board of Regents had a sudden change of heart, overturned the finding, and offered to readmit Barnes. Unsurprisingly, Barnes, who was at this point attending a different college run by sane people, declined the offer.
After the nearly inevitable ruling came down against him earlier this month, Zaccari issued a statement that attempted to spin as a positive outcome the fact he was being held personally responsible for violating a student's constitutional rights. While my colleague Peter Bonilla does an excellent job taking this willful blindness to pieces on FIRE's blog The Torch, one part of his statement demands particular scorn. In defending his actions against Barnes, Zaccari invokes the specter of the Virginia Tech massacre to justify his actions. Especially given that the facts show that everyone around Zaccari counseled him that Barnes was no threat at all, treating Virginia Tech like a carte blanche excuse to expel a student who didn't like his parking garage is despicable.
As I have written before here on The Huffington Post, in the wake of that tragedy, too many campus administrators seemed to ask, 'What Can The Virginia Tech Tragedy Do For Me?', using the horror of that day to justify censorship of speech they simply did not like. While Colorado College is a close second for finding students guilty of "violence" for posting a flier that parodied a flier by a feminist group, Zaccari wins the award for most shameful invocation of the Virginia Tech tragedy to silence a student.
The fact that administrators can be held personally liable for oppressive behavior seems to have concentrated some minds.
Indeed, the message has been getting out, as demonstrated by at least one commenter over at The Chronicle of Higher Education (subscription required) who seemed both panicked and horrified at the decision. Do not fear, college administrators! You only have to worry if you plan to trample on the basic rights of your students. And, if that is asking too much, well, I don't have a great deal of sympathy for you.
Not far from Valdosta is a
larger academic gulag. The Young Americans for Freedom have not
followed up their complaint about a Palm Beach State administrator conveniently
forgetting a verbal authorization for a table at the student organization fair. Palm Beach State
have not rebutted the complaint.
As of this evening,
Olivia Morris-Ford remains Student Activities Coordinator at Palm Beach.