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THE UNIVERSITY DAILY KANSAN
OPINION
MONDAY, FEBRUARY 27, 2006
WWW.KANSAN.COM
OUR OPINION
Court's refusal could endanger free speech
On Tuesday, the U.S. Supreme Court announced its refusal to hear a case regarding the ability of university administrators to censor student publications. With that refusal, the court has put freedom of speech at risk not only at public universities and colleges, but in the nation at large.
The case in question involved the Innovator at Governors State University. In 2000, the newspaper published several articles critical of the university's administration. A dean called the paper's printer to order no further printing without an administrator's consent. The Innovator has not been printed since. While a federal court upheld a student lawsuit against the dean who demanded prior approval of content before publication, the 7th U.S. Circuit Court of Appeals court dismissed the lawsuit.
In its decision, the court of appeals said the standards set down in Hazelwood School District v. Kuhlmeier also applied to colleges and universities. The Hazelwood ruling has been used to interpret the First Amendment rights of primary and secondary school students and teachers and the publications they produce as a means to safety and peace in the classroom. It is disturbing to see that not only was a university given the green light to censor the tradition of free speech of college students, but that those students are essentially being told they are only capable of being as responsible as third graders.
The appellate court's reasoning is suspect. Other courts have found that Hazelwood does not
Issue: Supreme Court and freedom of speech
Stance: Universities should not restrict their student newspapers.
Such action isn't imminent in Kansas. The University Daily Kansan is independent of University financial assistance and the Kansas Legislature passed laws years ago to protect the freedom of speech at public schools against the Hazelwood ruling. Nevertheless, students, and citizens in general, should always be on the lookout for the restraint of everybody's right to speak out, regardless of whether a person is a student.
apply to college newspapers and other such publications. Kincaid v. Gibson found that a university's yearbook was not subject to the same standards as high school journalism and other courts have determined content of a publication should not require approval before printing.
The court's decision only applies to Illinois, Indiana and Wisconsin, but what if administrators at other universities decided to act in the same way because their institutions' student newspapers or yearbooks gave them bad press? Being unhappy with the coverage one receives is not a standard for censoring a publication, especially at a public university or college that should try to encourage the freedoms to which all adults in the United States have a right.
- Ty Beaver for the editorial board
LETTER TO THE EDITOR
Lessen drug penalty
PAGE 7A
This letter is in response to Malinda Osborne for her editorial Monday, "Drug Policy Harms Neediest Students." Not only does the Higher Education Act Drug Provision punish students for minor drug offenses who are otherwise performing well in school, it does nothing to address the real problem some people have with drug abuse, especially alcohol abuse. A student with a serious drug habit who gets caught with drugs doesn't need to be kicked out of school. He or she needs to get help.
na possession cases to city court. The HEA drug provision does not count municipal pot convictions. The ordinance drafted by the city will come up for a vote at Tuesday's Lawrence City Commission meeting (Feb. 28). I urge you to tell the commissioners to support this ordinance by visiting laurenceks.org.
Students for Sensible Drug Policy estimates 170,000 students have lost access to financial aid because of this law. Let's at least keep a few students at the University of Kansas from joining them
To prevent students from losing aid when they find themselves in trouble with the law over small amounts of weed, I proposed the city move marijua
Laura A. Green
Director
Drug Policy Forum of Kansas
COMMENTARY
Hold Bush administration to same laws as citizens
It was tough being the eldest child in a large family. I didn't have an older sibling to keep me out of trouble or watch over me when I made a phone call. Thankfully, no one has to worry about that now because our Uncle Sam is willing to be a big brother to us all.
By now you've heard about the National Security Agency wiretapping, but unfortunately the truth seems to be getting shouted down by myths or stories of gun toting VPs. Before debunking the spin let's look at the cliff's notes version of what happened. After 9/11, President Bush authorized the NSA to intercept vast quantities of international telephone and Internet communications from innocent American citizens with no warrant — a direct violation of the Foreign Intelligence Surveillance Act and the Fourth Amendment.
MYTH: This is a "terrorist surveillance program."
such an occasion.
JUSTIN LAMORT opinion@kansan.com
Changing the semantics alone doesn't make it any better. If someone is a terrorist there are already avenues that provide the government with the power to eavesdrop, such as FISA. These legal recourses were ignored.
What Google does is creepy but what the government did is criminal. Even the American Bar Association has come forward saying the unlawful surveillance should stop.
MYTH: The Government isn't doing anything that Google or Facebook wouldn't do.
MYTH: FISA is too slow.
FISA allows wiretaps to begin immediately in times of an emergency as long as you go to FISA—a judicial oversight group formed 1978 by the act— within three days. The judges are available at all hours and two judges are required in D.C. at all times for
MYTH: The president has the power to say what the law is.
"When the President does it, that means that it is not illegal," argued President Nixon not that long ago. Our country hasn't had a King George in years and after the last one I doubt we'll be getting a new one any time soon. No one is above the law in our country and the president is no exception. He was never given the authority to spy on U.S. citizens without some form of oversight, though after 9/11 he did get the revisions to FISA that he wanted including making it easier and faster to obtain wireset. Attorney General Alberto Gonzales admitted during a press conference that the administration didn't pursue enacting these changes in Congress because it would have been "difficult, if not impossible" to get this amended into FISA. So the only logical conclusions left were either that the
government couldn't meet the low warrant standards of FISA, which historically has approved more than 99 percent of all requests, or the president just didn't care to follow the law.
MYTH: This is all about politics.
MYR. This is an about points.
This isn't a question of right versus left but of right versus wrong. Democrats have been outraged by the illegal eavesdropping but they are hardly alone in their confusion and concern of possible abuse.
Criticism has come from across the Republican spectrum from moderates like Sen. John McCain (R-Ariz.) to Grover Norquist, who has been called "managing director of the hard-core right" by the Nation, a New York based liberal magazine. Even Sen. Arlen Specter (R-Penn.) has said, "There have been as many Republicans as Democrats who've spoken out on the issue."
MYTH: This isn't a big deal.
To quote Benjamin Franklin, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." Our forefathers created a system of checks and balances for a reason. Our soldiers have bravely sacrificed their lives protecting our freedom for a reason. To argue it is of no importance is to argue against the very pillars of what makes this nation great and dishonor all those who've died to keep us free.
LaMort is a Cherryvale senior in psychology and political science.
Free All for
Call 864-0500
Free for All callers have 20 seconds to speak about any topic they wish. Kansan editors reserve the right to omit comments. Slanderous and obscene statements will not be printed. Phone numbers of all incoming calls are recorded.
Letting the UAE guard other nations' ports is like letting Courtney Love guard your medicine cabinet.
I am totally convinced we're gonna kick the crap out of Texas.
OK, I realize that if the Olympics were in Rome, you wouldn't spell it Roma. But come on guys, everyone else is spelling it Torino, not Turin.
Mr. Dillon, this is an issue of sexism, not racism. You got carded because you had a penis. Get over it.
Hey, this is the winter Olympics-watching, Sudoku-
I'm a girl and I read the Sports illustrated swim-suit edition and I am not a lesbian. I just wanted to say that. OK, bye.
playing, Grey's Anatomy fanatic calling back for my mystery date. I am female, I am single, and Free-for-All. I think you might just be better. beenmarmay.com
than enarm.
-
OK, just to let you know, I got fresh with the Smoothie Man, and he's not all that.
园
Who seriously gets mad at Sudoku or other people doing Sudoku? That's like getting mad at a crossword puzzle for being on a page.
Hey, I'm the guy who pushes all the buttons in the elevators in Friasier, just in case anybody is wondering.
To the girl riding a skateboard through campus yesterday and was wearing a scarf: Will you marry me?
图
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It's almost one o'clock in the morning and I had to choose between Burger King and doing my homework. At least I'm full.
If Friday's weather is due to global warming, then I'm buying a Hummer.
I hooked up with the so-called Catch of the Week, and trust me, not so much.
To the guy who telling smack on all the bus drivers. You know, by the time I actually get on a bus, I don't really give a damn how well he drives.
The Kiosk 34 will do things that other girls just won't. It's true.
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EDITORIAL BOARD
NEIL SPECTOR
opinion@kansan.com
Jonathan Kealing, Joshua Bickel, Nate Karin Jason Shaad, Patrick Rox, Ty Beaver, John Jordan, Melinda Osbourne
The last time my father was in town, we went out to eat. When we walked into a restaurant, my father said something that he probably didn't even think about. "Table for two, non-smoking." The hostess informed my dad that there was no more smoking in indoor public facilities in Lawrence. I only wish that the ban focused on more than just restaurants and bars.
Smoking is not beneficial to anyone's health. Lawrence, in addition to many other towns and cities across the country, seems to agree because of its enactment of the smoking ban.
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SUBMISSIONS
Spector is a Buffalo Grove, ill., senior in political science.
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Lawrence, KS 66045
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COMMENTARY
Ban falls short on promoting health
Although the smoking ban has done a lot to prevent people from smoking in indoor public places, it really hasn't focused anywhere else, like here at the University of Kansas.
When I walk to class, I find myself constantly holding my breath as I walk past clouds of smoke from some of my fellow students. I know that they are free to do what they want, but I want to know why they feel it is necessary to smoke. What are the positives that come with it? I can't think of any.
I have experienced the final effects of smoking first-hand, by having a very close family friend die because of lung cancer. It has been quite a while since it happened, but the events leading up to my friend's death put my family and me through a hell that I would never wish upon anyone. Something needs to be done about this problem and starting small is the key.
Towns and cities like Lawrence that have started smoking bans in certain areas are on the right track, but more still needs to be done.
If the city of Lawrence really wanted to shake things up, it could decide to further regulate smoking within the Lawrence community. A good way to do this would be by working together with the University to further enforce the regulations of the ban There is a University policy currently in place that requires smokers to be 20 feet away from certain building entrances, but this rule is never obeyed. If the city of Lawrence and the University did something to regulate smoking on campus by either designating smoking areas on campus or by actually enforcing the rules already in place, they would be informing the community as well as students that their well-being is important to the city.
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