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Marquette Dental Student Suspended For Blogging

whiteSanjuro writes "Reported first by the bloggers, and now the mainstream press, is a story of a student being suspended by his university for the rest of the academic year because of entries in the student's blog which the university did not view favorably. It has already had some chilling effects and looks like it will be setting a standard that students at private universities aren't guaranteed free speech online. The student (who wishes to remain anonymous) is appealing the university's decision in an effort to remain in classes and finish out the current semester, but even the terms of re-admittance (pdf) leave the blogger subject to probation, minus a scholarship, and prohibit future free blogging. Perhaps now is the time to consider joining the EFF if you attend a private university and have a blog."

12 of 644 comments (clear)

  1. Re:Freedom is a two-way street by way2trivial · · Score: 4, Informative

    and does marquette take no government funding?
    http://www.google.com/search?hl=en&q=Marquette+uni versity+site%3Agov

    http://www.google.com/search?hl=en&lr=&safe=off&q= Marquette+university+site%3Amil

    here's a goody (if old) quick result
    http://www.dodig.mil/Inspections/APO/SingleAudit/C OGOVER.htm
    in part "Subpart D, Section __.400 of OMB Circular A-133 requires recipients expending more than $25 million a year in Federal awards to have a cognizant agency for audit. "

    and marquette is on that list.

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  2. Re:Refund by jmp_nyc · · Score: 5, Informative

    The US Constitution guarentees that you will not suffer the consequences of censorship nor retaliation for what you say - that is freedom of speech.

    Where do you see that in the Constitution? All I see is the bit in the First Amendment saying that "Congress shall make no law...abridging the freedom of speech, or the press..." It says nothing about a private institution reserving the right to determine the terms under which it will do business with an individual.

    Now, you don't have to like it, but if a university accepts a student's tuition on the condition that they adhere to a policy of conduct, the university has every right to enforce that policy. It's just like any contract between individuals. I could hire you to work for me, and include in the conditions of your employment that you don't disagree with me in public. I could then fire you with cause if you violate that contract, and the government would back me up on enforcing the contract. No one forced this student to choose Marquette as opposed to any other school.
    -JMP

  3. Re:Refund by Pantero+Blanco · · Score: 4, Informative

    He isn't being criminally or civilly charged, and it's not a state school. A private school has the right to limit itself to students who only follow a particular political, religious, or cultural view if it wants, because it's not funded by the Government, but by private citizens. You can't tell them who's going to benefit from their money. Now, I agree that the school in question is doing something asinine, but it's not illegal.

  4. EFF? Try FIRE by Dachannien · · Score: 5, Informative

    Perhaps now is the time to consider joining the EFF if you attend a private university and have a blog.

    Perhaps. But the Foundation for Individual Rights in Education specializes in free-speech issues at educational institutions, rather than dealing with every conceivable online issue like the EFF does.

  5. Re:Constitution... by scheming+daemons · · Score: 2, Informative
    In fact you are correct and, I guess not so amazingly, understand American law far better than most Americans.

    The first amendment guarantees that the government cannot take action to limit your freedom of speech, right of free assembly, and right to practice the religion of your choosing.

    Private organizations are under no such restriction. It is why my employer can prevent me from posting unflattering comments on the bulletin boards at work.

    It's why Augusta National can bar women from joining their golf club.

    It's why the Catholic church can excommunicate any member for any reason it so chooses.

    The first amendment, indeed all of the Bill of Rights, only guarantees one's protection from the government limiting one's rights.

    Unfortunately (or fortunately, depending on how you look at it), private Universities have no such restrictions.

    --
    "I have as much authority as the pope, I just
    don't have as many people who believe it" - George Carlin

  6. Re:Is that happening in America by Anonymous Coward · · Score: 1, Informative

    Yes, but luckily the government doesn't get to control what happens at private schools, only the public ones. The student would have suffered at least the same fate at any of the public universities.

  7. And a deal's a deal by Engineer-Poet · · Score: 2, Informative
    Marquette didn't demand that its students refrain from saying unkind things about their professors, either in blogs or elsewhere. It has taken no action against much more severe criticism elsewhere, singling out the subject. That violates the understanding we all have as members of a free society.

    More to the point, Marquette U. gave the subject a scholarship and other encouragements to attend. The subject may also have taken out loans and incurred other expenses to attend. Unless MU is also willing to fully reimburse the subject for his expenses and pay for his lost time, the university has no business trying to back out of the deal at this point.

  8. Re:Refund by lukewarmfusion · · Score: 4, Informative

    Let's see here...

    http://www.boysschoolscoalition.org/
    http://www.ncgs.org/
    http://www.scouting.org/
    http://www.girlscouts.org/

    Information on the discrimination areas you're thinking of...
    http://www.dol.gov/oasam/regs/statutes/titleix.htm

    Finally, an excerpt which is the most relevant part of this entire discussion:

    "...subjected to discrimination under any education program or activity receiving Federal financial assistance..."

    Private schools, clubs, groups - the first amendment is not relevant to such entities.

  9. Re:Right... by brjndr · · Score: 2, Informative

    Thie first amendment prevents the federal government from prohibiting free speech. It was incorporated to apply to the states governments as well in the 1960's. Privaties parties and the relationships between them are not the government's affairs, nor should they be.

  10. Re:Right... by crotherm · · Score: 2, Informative

    I thought the First Amendment of your nation's Constitution was the right to Freedom of Speech?

    The First Amendment is as follows...

    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.

    Notice the first word in that amendment. Does Marquette sounds like Congress to you? Private entities in this Country have the right to be stupid and ignorant as long as they do not infringe upon the rights of others. Now, there are a couple of issues with this ruling. The first being his contract he signed. Does it really say what he did was grounds for punishment? And does his school accept tax payers dollars.

    After all is said and done, the proper thing to do is to spread this incedent to all prospective Marquette students. I know I would not wish to attend such a rediculous institution.

    --
    "Those who make peaceful revolution impossible, make violent revolution inevitable" - JFK
  11. OT by CaymanIslandCarpedie · · Score: 4, Informative

    I'd never suggest harassing anyone, but if you want to contact the ass-hat responsible for this and let them know what you think about it here is his info from the Marquette directory.

    Name: Lynch, Dr. Denis P.
    Phone: (414) 288-7267
    Position: Professor of Surgical Sciences and Associate Dean for Academic Affairs
    Department/Office: School of Dentistry/Office of the Dean
    Location: Dental School 304C
    Email Address: denis.lynch@marquette.edu

    --
    "reality has a well-known liberal bias" - Steven Colbert
  12. Dead Wrong by Gruneun · · Score: 3, Informative

    They do - because the BSA receives federal funding.

    No, they most certainly do not receive federal funding. What you are most likely confused about is the money that they receive from the Combined Federal Campaign. These are not your tax dollars. These are personal donations, received from government employees and handled by the Office of Personnel Management, where the recipients are designated, specifically, by the donating person.