Many Americans take for granted the rights of life, liberty and the pursuit of happiness. Fought for are the constitutional guarantees of freedom of religion, speech and the press.
On university campuses throughout the United States, judicial affairs boards and coordinators interpret these freedoms. What happens if their actions contradict the First Amendment?
Last semester an SF State professor set forth action that culminated in a letter of warning for a former [X]Press Online photo editor for failing to behave appropriately.
According to the editor, the following is an approximation of the events that led to the professor filing formal charges with the University Police Department (UPD).
On the eve of the California State University student walkout, May 11, the editor was following a student activist as he posted flyers and encouraged students to fight the budget cuts and join the protest the next day.
The editor went into the Humanities building to shoot photos and found a classroom where students were dismissed for the end of class. After checking to make sure the class was over, the editor started photographing the activist.
While the activist hung flyers in the classroom, the professor asked the editor what was going on and the editor explained the story and told the professor that he would leave if asked.
The professor was not satisfied and a verbal confrontation that sparked the interest of peering onlookers erupted in the hallway. At that point the professor demanded the police be called, so the editor gave his contact information.
Charges of trespass and invasion of privacy were filed with the UPD and in late June the editor was called in for his statement of the incident.
The editor talked with a detective working the case afterward. The detective felt strongly about freedom of the press and thought the charge was ridiculous but had to investigate anyway.
If not for the earnest efforts of a journalism advisor, the editor would not have heard back in July that the charges were dropped.
The issue should have been resolved, but oh no, not when the university is involved. Without any legal basis, the university could have still ruined his personal record and possibly his eligibility as a student.
He was called into a meeting with Donna Cunningham, SF State coordinator of Judicial Affairs on Sept. 1. The editor went alone to this meeting, sat in front of the board and explained the events as he related them to both the UPD and the [X]Press editorial board.
On Sept. 7, the editor received a cordial letter thanking him for his attendance in the meeting. But the letter ended, “Consider this letter a warning. Failure to behave appropriately in the future could jeopardize your student status at San Francisco State University.”
Though this editorial focuses on one case, students at SF State should know that a university board could infringe upon your rights.
The university still has the power to suspend or expel you, even if your actions are covered by the U.S. Constitution and the Bill of Rights, and even if no legal charges are pending against you.
The power hierarchy on college campuses has the right to maintain order but should the power of the few affect the freedom of the many?
As an editorial staff we will fight this freedom infringement to utmost ability and are more than willing to investigate any instances in which the university has behaved irresponsibly.
SF State belongs to those that pay fess and with our money comes every right that was guaranteed us over 228 years ago.
You got off easy my friend. University Administrators at Cal Poly Pomona, and the University Police convened an ad hoc committee under the color of "workplace violence prevention committee". Over several months they systematically stripped me of ever last one of my civil rights. On the date of the May 25th 2005 Action Day Rally, they unlawfully issued a withdrawl of consent decree banning me from the University. They did this again immedietly after the first WOC to prevent me from obtaining witnesses to defend myself against a completely fabricated cause of action alleging that I had harassed and threatened people. Once they obtained the TRO, my life was over because they used that as the probable cause basis for arresting me. The First Amendment went down with the World Trade Center on September 11th, and I would argue that as an indicator to future tyranny and oppressive activity by the government against its people. I consider myself lucky because they very well could have sent me home to my parents in a body bag.