Newsgroups: eff.mail.cosndisc
Path: eff!eff-gate!usenet
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: CORE Acceptable Use Policy
Message-ID: <199305080131.AA27988@eff.org>
Originator: daemon@eff.org
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              <COSNDISC@BITNIC.BITNET>
Organization: The Electronic Frontier Foundation
Distribution: eff
Date: Sat, 8 May 1993 01:28:46 GMT
Approved: usenet@eff.org
Lines: 59

mrosema@EIS.CALSTATE.EDU (Mel Roseman) writes:

[...]
>GUIDELINE II:  Unacceptable uses of the network include
[...]
>2. Using profanity, obscenity, or other language which may be
>offensive to another user;
[...]
[...]
>GUIDELINE VI:  Conference moderators are responsible for monitoring the
>content and tone of posted messages and for taking steps to delete
>offensive material and return it to its author for revision.
[...]

I don't believe that this is the legal way to censor offensive
material. For hints on how to legally censor at least some offensive
material see the Supreme Court's decision in _Hazelwood School
District v. Kuhlmeier, 108 S. Ct._. Also see _Bethel School District
No. 403 v. Frasher_, 106 S. Ct. 3159. For information on when
censorship is not allowed see _Tinker v. Des Moines Independent
Community School District_, 393 U.S. 503 (1969).

I notice you are in California. This may also make censorship of
merely offensive material more difficult. According to the Student
Press Law center's "Hazelwood Packet", California has a state law on
the books that makes the Supreme Court's _Hazelwood_ decision
virtually irrelevant:

   "The rights students had been presumed to have under the First
   Amendment before _Hazelwood_ were provided by the California
   Education Code as well. So even though the Supreme Court had the
   final say on student First Amendment rights, the California law
   could provide equal or greater rights without any legal problems."

In summary, if you want to censor offensive material you need to get
legal advice on how to do it properly.

- Carl Kadie

For more information:

The Student Press Law Center is at 1735 Eye Street, N.W., Suite 504
Washington, DC 20006, (202) 466-5242

The Computers and Academic Freedom Law subarchive is an on-line
collection collection of law related to computers and academic freedom
(mostly at universities but some K12 and general stuff, too). It
includes both case law and legislation. For information, email to
archive-server@eff.org. Include the line:
  send acad-freedom/law README

Also of possible interest, the library archive and the main archive. Add
the lines:
  send acad-freedom/library README
  send acad-freedom README

--
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu =

Newsgroups: eff.mail.cosndisc
Path: eff!eff-gate!usenet
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: CORE Acceptable Use Policy
Message-ID: <199305101624.AA00411@eff.org>
Originator: daemon@eff.org
Sender: owner-cosndisc@BITNIC.EDUCOM.EDU
Nntp-Posting-Host: eff.org
Reply-To: Consortium for School Networking Discussion Forum List
              <COSNDISC@BITNIC.BITNET>
Organization: The Electronic Frontier Foundation
Distribution: eff
Date: Mon, 10 May 1993 16:06:27 GMT
Approved: usenet@eff.org
Lines: 31

cfarmer@NCSA.UIUC.EDU (Charles S. Farmer) writes:

>How can I not be legal. This computer equipment is not a right nor public.
>It is a privelage for the students of the school. In order to use the
>equipment, they must submit to all of the posted guidelines associated with
>the equipment.
[...]

I'm under the impression that CORE is publically-owned. There are
limits to rights that the government can ask you to sign away as a
condition of service.

In _Keyishian v. Board of Regents_ (1967), the Court addressed the
question of what kind of loyalty oaths government employees (specially
SUNY faculty members) could be required to sign as a condition of
employment. The Court said: "Thus [the New York laws] suffer from
impermissible 'overbreadth'. They seek to bar employment both for
association which legitimately may be sanctioned and for association
which may not be sanctioned consistently with First Amendment rights.
[The laws] are [therefore] invalid insofar as they sanction mere
knowing membership without any showing of specific intent to further
the unlawful aims of [the Communist Party]."

[This is the case referenced in the university-free-expression-is-
fundamental-to-society part of the recent _Rust v. Sullivan_.]

- Carl

--
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu =

Newsgroups: eff.mail.cosndisc
Path: eff!eff-gate!usenet
From: kadie@eff.org (Carl M. Kadie)
Subject: Re: CORE Acceptable Use Policy
Message-ID: <199305102350.AA09861@eff.org>
Originator: daemon@eff.org
Sender: owner-cosndisc@BITNIC.EDUCOM.EDU
Nntp-Posting-Host: eff.org
Reply-To: Consortium for School Networking Discussion Forum List
              <COSNDISC@BITNIC.BITNET>
Organization: The Electronic Frontier Foundation
Distribution: eff
Date: Mon, 10 May 1993 23:11:34 GMT
Approved: usenet@eff.org
Lines: 84

cfarmer@NCSA.UIUC.EDU (Charles S. Farmer) writes:

[...]
>What about the army? All government sites and secret materials should be
>freely accessable according the statute you have applied.

The Supreme Court ruled in _Greer v. Spock_, 424 U.S. 828 (1974) that
military bases and installations are not public forums because the
serve specialized functions.

[...]
>go into the Public Library and direct profane comments toward the employees
>and other patrons and see how long you get to use the facility. That is my
>point.
[...]

Repeated unwanted comments directed at a person are harassment and can
be forbidden. Disruptive activity can also be forbidden.

But, for example, wearing a jacket that says "Fuck the Draft" to a
court house can not be forbidden.

- Carl

ANNOTATED REFERENCES

(All these documents are available on-line. Access information follows.)

=================
law/cohen-v-california.1
=================
* Expression -- Offensive -- Cohen v. California -- 1

Definition of "fighting words"; why no right not to be offended

The definition of fighting words from _Chaplinsky v. New Hampshire_
and then _Cohen v. California_. Also, says quotes the Supreme Court
saying that there is no universal right to not hear offensive
expression.

=================
law/cohen-v-california.2
=================
* Expression -- Offensive -- Cohen v. California -- 2

Netnews article with reference _Cohen v. California_, "in which the
court ruled that Cohen's jacket, which stated "Fuck the Draft" was a
protected form of free speech, even though he wore it in a county
courthouse."

=================
law/cohen-v-california.3
=================
* Expression -- Offensive -- Cohen v. California -- 3

Here are excerpts from several Supreme Court decisions inclusing
_Cohen v. Calfiornia_. They say that offensive public expression is
protected if those offended can "effectively avoid further bombardment
of their sensibilities simply by averting their eyes."

=================
=================

If you have gopher, you can browse the CAF archive with the command
   gopher gopher.eff.org

These document(s) are also available by anonymous ftp (the preferred
method) and by email. To get the file(s) via ftp, do an anonymous ftp
to ftp.eff.org (192.77.172.4), and get file(s):

  pub/academic/law/cohen-v-california.1
  pub/academic/law/cohen-v-california.2
  pub/academic/law/cohen-v-california.3

To get the file(s) by email, send email to archive-server@eff.org.
Include the line(s) (be sure to include the space before the file
name):

send acad-freedom/law cohen-v-california.1
send acad-freedom/law cohen-v-california.2
send acad-freedom/law cohen-v-california.3
--
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu =
