Freedom of Speech    

The Czech Republic vs. The United States

Chris Henry, Jennifer Lemkul, Brian Maher, Max Moldenhauer, Mike Richmond

 

Scenario Aspects

Parties Involved


Virginia Tech

Three students directly involved

The general student population of Virginia Tech

Alumnus of Virginia Tech

Authorities dealing with infraction

 

The Relevant Facts

Alumnus noticed a page on Virginia Tech’s server created by a student

The page had pictures of marijuana plants, and links to places where paraphernalia could be purchased

University has a policy against promoting drug and alcohol use

University also has a policy prohibiting “inappropriate use” of the school computers

The homepages were on university servers

The first student was asked to reveal other homepages that were similar

The pages the student revealed had content supporting white supremacy, and some others dealing with drugs

All students involved had their web page privileges removed (and could reapply later)

The initial student got his privileges back far before the others, and had to redo his page

 

The Dilemma

Does Virginia Tech have the right to independently regulate what is on their servers?  Were the punishments that the three students received fair?  Were the punishments appropriate for the violations committed by the students?  Were the students’ rights to freedom of speech violated in any way?

 

 

The Options To Be Considered

 

If a similar situation were to arise, the following options would be available:
-The University could revoke the students’ privileges of having homepages on Virginia     Tech’s servers.  A decision would have to be made about whether or not to treat all students differently or give preference to some of the students involved.

-The University could do nothing, and let these pages be protected.

-The University could only target specific pages (either the drug related ones, or the ones dealing with racial issues).

 

Values Involved In Scenario


Allowing the University to censor these websites restricts student speech.

Information on the websites was found offensive to some, and others promote drug use.

Who should define what is acceptable or “appropriate” use of the school’s computers?

Should not the University be trying to promote free speech and expression?

 

Primary Values and Recommendations

 

Values:

 

Censoring of homepages limits student speech and expression

University’s ability to censor the content of their own servers

 

Recommendations:


The University should deal with the situation in a similar fashion so as not to contradict an earlier      judgment, but should treat all students involved equally, and not reward the first student for disclosing information about similar pages.

 

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