Slashdot Mirror


UCSD Vs. Free Speech, Round 2

Suburbanpride writes "Last year, as Slashdot readers may remember, the University of California, San Diego forced student website UCSDuncensored to change its name to SDuncensored, citing California education code that gives it exclusive rights to the name. This year, the target is youCSD, a student blog that has been critical of the administration. The university denies that the site's content had anything to do with the nastygram they received, which informed them that were in violation for not only the name, but for an image they took of the Geisel Library, which the university claims to hold a trademark on. There are dozens of sites that use UCSD in the name, not to mention the 1000+ members of the UCSD xanga blogring. What's next, campus police stopping people from taking pictures of the library?"

31 of 296 comments (clear)

  1. Why would this be a threat? by mind21_98 · · Score: 5, Interesting

    It just seems fishy. The more popular sites (like SDuncensored) are the ones that get hammered by the administration, while sites like ucsdfacebook.com aren't touched. I have a feeling UCSD is planning on launching their own service, or otherwise have some reason other than vigorously defending their trademarks.

    1. Re:Why would this be a threat? by gcaseye6677 · · Score: 4, Insightful

      This is clearly just a case of university lawyers trying to stop criticism of the school by sending out threatening letters, with little case law to back them up. Notice they did not actually sue, and they wouldn't, because they would get their asses handed to them. Some lawyers are slow learners and haven't yet figured out that they can't have a website shut down just because it says something their client doesn't like. But from the university's perspective, it doesn't hurt to try to stifle criticism. If the website operator is easily intimidated, they might just shut down right away. Moral of the story: if you're running a website that is critical of someone or something, know the laws and know what your rights are. If you're going to cave at the first sign of a legal battle, save yourself the trouble and don't put up the site to begin with.

  2. Red Hot Chili Pepper is in trouble by usefool · · Score: 3, Funny

    Californication

    --
    Uselessful technology (Air-Charged
  3. legal system designed to control populace by Cryofan · · Score: 4, Interesting

    Our legal system is really designed to control our populace, the ordinary people. So the laws are aimed to the people in general. But we really need a entire legal system aimed at controlling those at the top of the hierarchy, the elite. They are the ones who really cause a lot of the trouble in life. Not just those who run the universities, but those in charge of institutions everywhere, in government and in commerce. They are the ones causing so many problems.

    Extraordinary power requires extraordinary controls. We need extra-strict laws and punishments aimed at those in charge of institutions.

    I am talking about civil law, but criminal law here.

    --
    eat shiat and bark at the moon
    1. Re:legal system designed to control populace by delirium+of+disorder · · Score: 4, Interesting

      Mod parrent up! In addition, we must realise that such laws will not be made by elites unless they have their lives or their wealth on the line. Its up to the rest of us to act. We need direct democracy that goes beyond voting. We need boycotts, strikes, protests, gurilla theater, piracy, and more. We must make our own media and our own economy outside of the realm of coporate America. A radical movement like that of the 30's or 60's would press the center to the left and make real progress finally happen.

      --
      ------ Take away the right to say fuck and you take away the right to say fuck the government.
    2. Re:legal system designed to control populace by DAldredge · · Score: 5, Insightful

      The people from the 60's are now in power and things are worse.

      Why does everyone forget that?

    3. Re:legal system designed to control populace by UpLateDrinkingCoffee · · Score: 3, Interesting
      I think the legal system works when people's deeds come to light no matter what thier status... the problem is congress and the supreme court over time have created a superclass of citizen, the Corporation, whos rights supercede yours and mine. This creates a great opportunity for the elite that control the institution to hide behind that veil and get away with a lot more than they normally could. People controlling other types of entities (such as UCSD) have taken notice and now are acting as if their institutions are supercitizens too... and after a few court ruling s they very well may be!

      The legal system works fine... the problem is more with comfortable career politicians in corporate pockets giving them more and more priviledges while eroding our rights. If that isn't criminal, I don't know what is.

      Check out This if you want to know more.

    4. Re:legal system designed to control populace by Jardine · · Score: 3, Insightful

      The people from the 60's are now in power and things are worse.

      Why does everyone forget that?


      Because the people who are in power are not the same people who were into free love and getting high smoking weed. The people in power are the relatives of those who were in power in the last generation.

    5. Re:legal system designed to control populace by bechthros · · Score: 4, Interesting

      "Here's the bad part, for as much as the Democrats and Republicans can say they are different, they are both so authoritarian and elitist,"

      i think the word you're looking for is "corporatist".

      "Republicans can say that they are more fiscally responsible, that they try to lower taxes, that they support rights, but where are their examples? Bush increased spending during his term,"

      As did King George the First, as did King Ronnie. My favorite republican quote is "Reagan proved deficits don't matter." Karl Rove, I think...

      "and we all know that Democrats support larger government."

      Do we? Bill Clinton did a lot of wrong shit, but he made a campign promise to end welfare as we know it, and damned if he didn't come within a hairs breadth of doing exactly that. And eliminated the federal defecit. How?

      By taxing most those whom taxes affect the least.

      "The rest of the world can stop bitching and just wait, because our direction is heading right toward Socialism, there is no questioning that."

      Wow. I wish I lived in the same America you do. No, my friend, the direction we are heading in is most definately *not* toward socialsm, unfortunely. I saw this cited in somebody's sig file here once, and kick myself daily for not bookmarking it, but the Italian Dictionary from 1936, written by and for the people who pretty much *invented* modern Fascism, defined Fascism as "a government by Corporations". Fascism is where we're headed, and we're uncomfortably close today. And beyond that lies only Corporate Feudalism (you eat, sleep and bathe at the workplace, have little to no rights thanks to a pre-employment EULA, and have a corporate surname... watch it happen)

      "And most of America is to complacent to even notice."

      Amen to that.

      You load sixteen tons. What do you get? Another day older and deeper in debt. St. Peter don't you call me, cuz I can't go - I owe my soul to the company store.

      Google it.

    6. Re:legal system designed to control populace by Artifakt · · Score: 4, Interesting

      The Ancient Maya supposedly had a legal system where the penalties for various things increased as the person's social status increased. Drunk and disorderly in public? Farmers got a small fine. Merchants got locked away for a few days. Beurocrats got paddled publicly and fired. Priests were lashed and exiled, and Generals beheaded. This system hasn't been used too much. The opposite, in one form or another, is almost universal.

      --
      Who is John Cabal?
    7. Re:legal system designed to control populace by scrod · · Score: 5, Informative

      "Fascism should more properly be called corporatism, since it is the merger of state and corporate power."
      - Benito Mussolini

      "Fascism is an extreme right-wing ideology which embraces nationalism as the transcendent value of society. The rise of Fascism relies upon the manipulation of populist sentiment in times of national crisis. Based on fundamentalist revolutionary ideas, Fascism defines itself through intense xenophobia, militarism, and supremacist ideals. Although secular in nature, Fascism's emphasis on mythic beliefs such as divine mandates, racial imperatives, and violent struggle places highly concentrated power in the hands of a self-selected elite from whom all authority flows to lesser elites, such as law enforcement, intellectuals, and the media."
      - Ben Tripp, paraphrasing Mussolini's diary

      "By setting up special parastate agencies or "corporations" to replace failing or inadequate private enterprises, [Mussolini] was able to control the important economic sectors. Elitists everywhere found that laudable."
      - Ernest Fitzgerald

    8. Re:legal system designed to control populace by kraut · · Score: 3, Interesting

      In Germany, fines are calculated as day rates. So you might be ordered to pay 10 day rates as a fine - and if you make EUR 100 a day, you pay EUR 1000; if you make EUR 1000 a day, you have to pay EUR 10000.

      --
      no taxation without representation!
  4. Re:what goes around, comes around by Mistlefoot · · Score: 4, Insightful

    And playing with the Universities bandwidth hurts who?

    Not likely anyone who's responsible for the censorship.

  5. Re:it's tricky, really... by Anonymous Coward · · Score: 3, Insightful

    Immaterial. The 1st Amendment applies here. This would be like George W. Bush trying to sue John Kerry for mentioning his name on his website or suing some random person for making the website "georgewbushsucks.com" (which probably does exist, haven't bothered to check).

  6. Yeah, "rights" by Anonymous Coward · · Score: 5, Interesting

    I care so much about protection of their name. Not after they kept mine and 38,000 others name, addresses, and social security numbers on an unsecure computer. W#hy they had my ss# 2 years after I declined to enroll I'll never know.
    A source
    This is a case of an institution that didn't care about my rights suddely crying foul when someone critques them.

  7. I was young once . . . by erick99 · · Score: 3, Insightful

    ... and I recall pretty much automatically disliking anything and anybody in authority and I would have done what these students are doing in a heartbeat. It's part of growing up and learning. Now that I am an old fart of 46 I can also see the University's side of this as well. But, that whole process of growing up and learning helped me to see opposing points of view and to even come to respect them. This is an age old battle that will be enacted over and over again so long as we have young people and old institutions (and a few old farts like myself.) Hopefully the end results is that people learn and become increasingly more respectful of, and tolerant of, opposing points of view.

    --
    http://www.busyweather.com/
  8. On censorship in CA by PunchSix · · Score: 3, Interesting

    For more on censorship in California public universities, view this excellent documentary:
    http://academicbias.com/bw101.html
    (download links on site)

  9. Re:it's tricky, really... by GoofyBoy · · Score: 4, Interesting

    They own their name, but how else are people suppose to critize them without using their name?

    The University with the acronym that begins with "U", ends with "D", and has the letters "C" and "S" in the middle in that order?

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  10. Re:it's tricky, really... by gl4ss · · Score: 4, Insightful

    *right, but i'm sure their ostensible beef is that people would get confused and think this was somehow the official product of the university. Brand confusion, as it were.*

    certainly there's very little chance of that.. and if they don't seem to have trouble with non-critical sites that argument goes out of the window..

    they're just trying to shut down the critics the 'easy' way(i don't know the issues at hand, but this is hardly the right way to do it since a) you're not shutting up anybody and b) they just get mainstream attention - so, if the sites are dissing them for being stupid biggots then they could even be right!).

    --
    world was created 5 seconds before this post as it is.
  11. It Actually Seems Pretty Reasonable by diagnosis · · Score: 3, Informative

    All the provision says (see here) is that people may not use the UC.* abbreviations to promote things like business/financial enterprises. The code says:

    Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement of his or her present or former relationship or connection with, his or her employment by, or his or her enrollment in, the University of California...

    So there's nothing preventing them from changing their name and just plastering all over the site that they're UCSD students, the site is about UCSD, for UCSD students, etc.

    ------------------
    Rate free iPod offers: RateTheOffers.com
    (Flat screens and Desktop PCs too)

  12. Don't blame them all... by disbaldman · · Score: 4, Informative

    I know a few members of the faculty, and from what I hear, the majority of the faculty is completely disgusted because of these actions, and some even fear their own websites may be taken away by force in the future...

  13. Not just UCSD -- Stanford Too by ortcutt · · Score: 4, Interesting
    The following is an editorial from The Stanford Daily by Kai Stinchcombe (not me).

    University Free Speech Restrictions Are Illegal

    Stanford is illegally restricting my constitutional rights. Yesterday they prevented me from engaging in a peaceful assembly on campus to exercise my freedom of speech. I won't let them stop me again.

    Last week two friends of mine invited students to get together for an hour to make phone calls on behalf of John Kerry. That's a classic First Amendment activity. When the British government banned Committees of Correspondence, constituted by the patriots to write letters opposed to King George, the men who eventually framed the Constitution vowed never to tolerate a government that restricted peacefully assembly or free expression. They wrote the First Amendment to protect events like the John Kerry Power Hour.

    In its wisdom, the California legislature passed the Leonard Law, section 94367 of the California Educational Code, to protect the First Amendment rights of California's students. The law protects on-campus activities that would be protected from governmental restriction by the First Amendment if performed off-campus.

    Cut to the present. Stanford's administration decided that the proposed John Kerry Power Hour constituted an event, and that University policy prohibits partisan political events on campus.

    This was a good-faith interpretation of a good-faith policy, intended to protect Stanford's not-for-profit status. As a 501c3 nonprofit, Stanford University cannot use its facilities or other resources in a way that advantages one candidate over another. Because of recent apparent violations of this policy, administators were intent on full enforcement. The administration decided that, rather than allow equal access to White Plaza for supporters of any candidate, the University would prohibit this sort of event altogether.

    In light of the Leonard Law, though, this interpretation seems illegal. Students' right to gather in public areas off-campus to advocate for John Kerry is constitutionally protected, and the Leonard Law extends that right onto campus.

    The Power Hour was scheduled for White Plaza, Stanford's designated open-to-the-public free speech zone. The students were told that they could not assemble in any location on campus, and would face the Judicial Panel if they continued. Accordingly, they decided to have the "John Kerry Power Hour" off-campus in a private residence.

    It seems the only legal, nonpartisan University policy would be to allow students of any opinion to peacefully assemble and exercise their free speech rights anywhere on campus where students are allowed to gather.

    The Leonard Law allows students to obtain court injunctions against illegal university policies. I checked with a handful of lawyers, and with folks from the Democratic Party, the ACLU, and People for the American Way, and they seemed to think that the case would be a slam dunk on our end if it came to that.

    I hope it won't come to that, because the administration's decision to push the event off campus wasn't just illegal, it's also a bad policy. Young people are increasingly alienated from the political process. If Stanford students are passionate about politics and eager to get involved, the University should put as few restrictions as possible in the way of their idealism.

    This coming Sunday at 1pm, I intend to peacefully assemble in White Plaza to express my opinion. As an individual I'll be advocating for John Kerry, but I hope students for Bush join me, because free speech is bigger than any political party. I hope the University also understands that, and lifts the restrictions before then.

    The political process only works if people get involved. The time is now: as George Bush declared in the debate the other night, freedom is on the march. Nobody's stopping our generation from weighing in.

  14. Copyrightability of Architectural Works by mooreBS · · Score: 5, Informative

    Sec 120(a) of the Copyright Act of 1976 states, "The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photoghaphs or other pictorial representations of the work," if the building is in a public place.

    UCSD could sue for copyright infringement if said photo was pulled directly off it's site, because they own the rights to that photo. If a student were to take their own photo and place it on the site there would be no grounds for suit.

    1. Re:Copyrightability of Architectural Works by DrHung · · Score: 3, Interesting
      California seems awfully possessive about their views. When I visited Monterey, I enjoyed the views along the coast, but I was forbidden from taking a picture of a certain tree because Pebble Beach Resorts had trademarked the image of that tree (see it at their website). There were signs up all around the pull-off in the road saying that photographing the tree was illegal!

      So, of course I had to take a picture...

      (Damn! Should have posted anonymously!)

  15. Xanga UCSD blogring by HoshiToshi9000 · · Score: 4, Funny

    Based on a quick perusal of the Xanga blogring, the UCSD student population is composed of 90% Asian women, of which 99% of them are quite hot. WTHail?

  16. UCSD's solution? by dv8ed · · Score: 4, Funny

    It's cheaper to let Slashdot take it down than to pay lawyers to do it.

  17. This is America after all. by l0ungeb0y · · Score: 4, Insightful

    Copyright, Trademarks, Corporate self interest and greed are the laws of the land.

    For those of you who didn't get the memo, Eisenhauer was a niave fool to whom no one listened. The common citizen is not in the interests of our Governments law making. It is the Corporations to who they attend.

    Just how many laws have been enacted in the last 6 years that grant you additional rights and protections? And just how many laws have been enacted that create criminal prosecution of citizens for actions that lay against the best interest of Corporations?

    Like those Bush tax cuts? Well, while you're cashing in a days pay check worth of tax cut, think about Microsoft. They pay no tax at all. Obviously placating MS and other mega-buck corps to the point of giving them a free ride means more than placating you and I. Funny how those that can least afford it pay the most while those that have bank accounts larger than developing nations pay the least.

    Want to fight a corporation who tries to usurp your rights? Prepare to be driven to the gutter by legal fees and get nothing in return, even if you do win. Thank god for the ACLU and EFF, without them you'd have no hope in the world. Face it.. we no longer live in a true Democratic Republic. We live in a Plutocratic-Capitalist society, which functions by a wealthy elite using it's wealth to influence policy to their self interest.

    Wake up people, seems everyday /. posts an article such as this.
    And every day people will whine and bitch. But not many see the root of the problem.

    Nader has "an" answer for it, but the problem is much bigger than he and without support in Congress and Senate (it's they who collect the check and enact law devised and written by Groups such as the RIAA/MPAA/MS), he stands a snow balls chance of accomplishing anything. But this is a real problem that effects each and every ordinary citizen. The question is, what will be done about it.

  18. Re:it's tricky, really... by drinkypoo · · Score: 3, Informative

    OTOH, it's a *public* university, if it's in the UC system. So then if you're a taxpayer, doesn't that kinda give you some sort of ownership rights?

    I doubt it. The University is created for the public with public funds, and there are public funds paid for students who attend classes, but the fact is that a significant percentage of the money is paid by students and by donors. How many new buildings do you see showing up at any kind of school without a private grant? Unless bonds are sold to finance it, that's pretty much none. New schools, on the other hands, are occasionally built by municipalities.

    Anyway the CSU's mission statement is encased in the Donahoe Higher Education Act of 1960, the meat of which can be found http://www.leginfo.ca.gov/cgi-bin/displaycode?sect ion=edc&group=66001-67000&file=66010.1-66010.8">he re.

    You want 66010.4.b and .c:

    (b) The California State University shall offer undergraduate and graduate instruction through the master's degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the master's degree.

    (c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research.

    Anyway it doesn't say anything about ownership but the fact is that you can't even be on the property without the permission of the state and Universities typically have their own police force in order to protect them, a clear sign that they are a governmental entity. Your government doesn't really belong to you and neither do the schools. :P

    You could also try looking in the CSU Archives.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  19. 2 years? You've got nothing on me. by NotQuiteReal · · Score: 3, Insightful
    I got the "your records were compromised" notice too. I haven't worked or attended in over 20 years!

    WTF!

    I have my little alumni "we're-begging-for-money" letter right in front of me. Maybe they won't be getting what they expect in the envelope.

    If they have money to harrass web sites and store 20 year old sensitive data, they don't need my donation.

    --
    This issue is a bit more complicated than you think.
  20. Re:it's tricky, really... by calidoscope · · Score: 3, Funny
    OTOH, it is NOT really a *public* university as you say, because we (the students) pay for nearly all of it.

    I think you are wildly overestimating the share of costs supported by tuition. When I was an UC student (overlapping the final two years of the Reagan governorship) tuition was ~$300/year for CA residents - figure total tuition revenue from residents was 30 million per year which was a drop in the bucket compared to UC's budget. Tuition is a lot higher now (as is most prices), but I would be really surprised that it was anywhere near the cost of running the system.

    The University is also subsidized in that it doesn't pay property tax, land in La Jolla is worth on the order of 1 million/acre - so UCSD's land would be able to generate several million per year in property tax revenue if it was privately owned.

    --
    A Shadeless room is a brighter room.
  21. Re:it's tricky, really... by bigman2003 · · Score: 4, Informative

    Vectorian-

    If you really are a UC student, you should educate yourself a little bit on how the University is funded.

    Student fees (the stuff you pay) makes up about 10% of the University of California budget.

    Since it is a public institution (no, your 10% does not make it private) they make their budget readily available to the public. In fact, you can view it here: UC Budget in PDF

    Anyone who has seen the budget, and understands what students really pay, finds it pretty amusing when the students 'protest' on campus (whichever one you're on, it happens everywhere) the way their money is being spent. I'm not against the idea that the university should answer to the public, but students have an inflated sense of their (or their parents) financial contribution.

    Why is it? Well, the University of California is not just an institution dedicated to teaching, but it also is an institution of research, outreach to the public, medicine for the state, etc. etc. When you walk through your science building, know that every faculty member there is trying desperately to get outside grants.

    Go to your Ag department (if you are at Davis, Riverside, or Berkeley), and find out how much money comes from the USDA.

    Find out how much money the Federal government gives your school before your friends protest the ROTC classes. We won't even talk about the Department of Energy- because that could be going away soon...

    But list goes on, and on and on. Student fees are only a small part of the budget.

    --
    No reason to lie.