The Word of Bowers You don't have to agree with me, just accept I'm probably right.

The best of both worlds!

Amanda asked me last night why I hadn't blogged much recently.  In short, it's been a pretty hectic week, but it's finally died down.  And conveniently enough, I came across a story today that got me thinking again!

As I've said before, there are two things that really appeal to me: higher education and journalism/first amendment issues.  Seeing as I have degrees in both fields, I feel I can speak to both somewhat-intelligently.  So imagine my surprise when I came across a story today that deals with both areas, thanks to my weekly reading of my alma mater's Blue Banner.

Jess Zimmerman is a student at Butler University.  He started an anonymous blog last year called the TrueBU Blog, a blog set up to chronicle happenings at Butler.  Things really picked up last December when Zimmerman's stepmother was fired as a departmental chair under what Jess feels were unfair circumstances.

Over the course of the next several months, Jess wrote some pretty harsh opinions about the University, posting correspondence sent out by various administrators and faculty members and offering his own take on what's been happening.  His harshest criticism was directed towards a Dean and the Provost.  That's when he got the University's attention. 

The University filed a lawsuit against the anonymous blogger in January, claiming defamation and libel.  The lawsuit claims that the TrueBU blog's statements "have harmed the honesty, integrity, and professional reputation of Butler University and two of its high-level administrators."

Oh, but it gets more complicated.  After identifying Zimmerman as the blogger, Zimmerman's father who was also a Dean at the University, did not have his contract renewed.  This was followed by the Provost allegedly misrepresenting the nature of the elder Zimmerman's dismissal.  When Mr. Zimmerman attempted to seek recourse for that, the University attempted to tie both settlements together: Butler will correct the disparaging statements made against Mr. Zimmerman if Jess agreed to go through the student conduct process for his blog and waive any right to appeal sanctions.    Smart.

The University has apparently dropped the lawsuit but is still processing Jess through the student conduct system, setting off more cricticism about First Amendment rights and all that jazz. 

While I am certainly not a legal expert on First Amendment or higher education issues, I do feel compelled enough to offer some clarifications and opinions.  If any of my old professors actually read this, feel free to correct me if I misspeak on something:

1. The fact the University would sue (even if it was simply in an attempt to find the identity of the blogger, as Butler's president argues) is a huge waste of time, money, and resources.  Virtually everything cited in the lawsuit is opnion and would fall under "Fair Comment and Criticism," which isn't libel.  Butler may have felt they had a case when Zimmerman said that the Dean and Provost lied about aspects of the firing, but even that's a weak case.  Also, keep in mind that Zimmerman was criticizing the administrators in their role as University officials, not as private citizens.  There's a difference.
2. Butler University is a private institution, meaning they CAN take more liberty with limiting first amendment rights than a public school.  Unless they provide a contract (a student handbook, for example) stating otherwise, private institutions can limit students' rights as much or as little as they want.  So unless Butler's handbook stated that students will have full First Amendment rights without any sort of student judicial consequences, they are well within their rights to pursue this through internal processes.  Does that make it right?  No, but they can.

Ultimately, I think this is a case of an institution making an unpopular decision and not having the thick skin necessary to stand behind it.  The administration should have reached out to Zimmerman (either through the anonymous email or after he was identified) and had a private conversation with him.  A lawsuit and potential judicial sanctions is not the way to win favor with those you have already angered.