Ok, about those first amendment rights ...
While you have the right to say what you want to, you do not have the
right to say it any way you want to.
You do not have the right to force someone else to pay expenses for
you to say what you want to. You may stand on a corner and say what you
want, but you can't say it with a megaphone at midnight. You have
plenty of time to do it during non-traditional peaceful hours.
You can't do anything that causes danger to others or appropriate
someone elses property to do said things. While you have a right to
demonstrate, you need a permit in most cities (it's more so police can
provide protection) to do it. That does not take away your rights, it
simply keeps things organized.
In a similar vain, you don't have the right to be on a list - you
have the privilege. Therefor, you may say what you want as long as you
keep in the spirit of the list. I define that simply as long as you
respect other people and don't do anything that will cause others grief.
You can say what you want as long as it is related to the list and you
don't do anything destructive to the list. If you do, that is a form of
assault on other list members.
This is general. If you want to talk about specifics, ask your legal
counsel if anyone can walk on to your campus and camp out there and talk
about whatever they want. Does the university have to provide a meeting
place for ANYONE who walks in?
I think you will find that that is not the case. Since it is YOUR
school who is hosting the list, you can easily understand that YOUR
resources are being used by this person. This person, who does not go
to your school, is using YOUR resources for this. If I walked on to
your campus and railed against you, how long would it take for me to be
arrested for trespassing and sued for slander? Would the school pay for
me to print flyers to distribute? I think not.
I think you get the point.
The best way, as I have done, is to have a concrete set of rules and
enforce them, as I do. If someone complains, I explain the rules to
them, gently. This usually works. Further than that, enforce the rules
and don't worry about it too much.
Lastly, I think the fact that people pay too much attention to people
like this makes them go further. The university he is at probably gave
him back the accounts because they view him as a nuisance and don't
want to be bothered with him. I am sure the university counsel did not
say give it back because he might win a law case. The law is 99%
against him, and, in fact, a good case could be made for him using
public funds to slander you (libel, in the printed form) which is not
protected.
Lastly, some people may wonder how our (brain-dead U. S.) Supreme
Court could rule in favor of Christian clubs being given access to
public funds and space. While the decision is clearly without legal
foundation, it is very clear that this does not apply to this sort of
forum. The solution is to provide a list for interested people to use
apart from general lists. That's how you avoid problems since you then
provide a service without impacting others. The same analogy can be
made for any group of people. The point I am trying to make is that
this is quite a different case, so don't worry about this ruling when
formulating your opinions.
Nothing like freedom :-).
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** Geert K. Marien : [log in to unmask] (Bitnet: GKMQC@PUCC) **
** ListOwner: AIRLINE, NODEINFO, RAILROAD, STAMPS, The INDIA List **
** (All contents are my own opinions - unless otherwise stated) **
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