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"Geert K. Marien" <[log in to unmask]>
Fri, 30 Jun 1995 10:00:51 EDT
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   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 :-).
 
** ------------------------------------------------------------------ **
**  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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