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Lèse-Majesté

January 24, 2006

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In April, Columbia College Chicago became something of a hero to those who care about artistic and academic freedom when officials there defended a campus museum exhibit that included work highly critical of President Bush -- and one work that attracted the attention of the U.S. Secret Service.

The defense was very much in keeping with the college's reputation as a cutting-edge arts institution where dissent is valued. But perhaps not all forms of dissent are equally valued.

Many faculty members and students are angry over the firing last month of one of the creators of Wacky Warrick, a Web site devoted to animated cartoons that mock Warrick L. Carter, the college's president. The president's character in some of the features on the Web site can be seen shirtless or in a bathrobe, enjoying the presidential home, and generally making light of student concerns about tuition costs or spending priorities at the college. The Web site also pokes fun at missteps by the president, such as the time in 2001 when he accidentally sent an e-mail with details about his personal finances -- intended for a bank -- to all students and faculty members.

The Web site -- extremely popular with Columbia students -- was produced anonymously. But college officials fired one of the creators, Mark Phillips, shortly after identifying him, apparently as a result of a midnight raid on the laboratory where he works for Zafra M. Lerman, an award-winning scientist and human-rights activist. Security is high in her laboratory because it contains not only chemicals but records related to her work on behalf of scientists facing government repression abroad. She said that the college never should have turned off security to try to hunt down the site's creator.

Lerman actually isn't a fan of the Wacky Warrick Web site. She said that she tells everyone who works for her that if they want to criticize anything or anyone to do so openly -- and she'll back them up. But she said that she also tells people that if they want to do things anonymously, they should do so on their own time and with their own computers. And since she said that Phillips and his colleagues, who still have not been identified, didn't use the college's facilities, it was not the college's business to seek them out to fire them.

"This was a violation of rights -- both civil rights and human rights -- of my rights, my students' rights and my fellow faculty's rights," she said. Lerman said that for a true security threat, she would not object to campus officials coming to her lab at any hour -- with or without her advance knowledge. But to investigate a Web site mocking the president? She said it was "really appalling that the college ignored me completely and disrespected my lab."

Many faculty members agree and a committee is being created to study the issue. The firing took place shortly before Christmas vacation and the issue is now getting renewed attention because of articles this week in the student newspaper and in the Chicago Reader.

Mark Lloyd, a spokesman for the college, said that Columbia is in a difficult position because state law bars the institution -- as an employer -- from discussing why someone was dismissed, even if "factual errors" are being quoted about the event. However, he added that "generally speaking, it's our position that this is not an issue of free speech, but really a personnel issue and the institution not only has an obligation to act to insure that its equipment and facilities are used appropriately with the mission of the institution, but it has an obligation to act when there is an abuse of the college's resources that may involve harassment or the demeaning of individuals."

Asked if all Columbia employees who use their college computers for non-college work face investigations, Lloyd said, "We do not routinely inspect people's e-mails or computers or anything else if there is not reasonable grounds for misuse."

And Lloyd rejected the allegation that the college's actions in any way violated freedom of expression. He noted that the college has taken no action to try to shut the Web site down. As for the general impression given by the controversial Web site -- that the president is out of touch with students -- Lloyd said that Carter has emphasized the need for the institution to be "student centered," leading an effort to greatly expand the number of scholarships that are available for students and to plan for a student center.

The presidential home that is the focus of much of the satire was purchased by the college prior to Carter's arrival, Lloyd said.

Phillips, who graduated from the college last spring with a degree in film and video and was then hired by Lerman, said that his colleagues on the Web site include current and former students and alumni. He said that the Web site grew out of their frustrations at the college (frustrations that he said are with administrators, not faculty members). And he said that the criticisms made on the Web site "are all things that have been talked about on campus."

As for the idea that college resources were used, Phillips said, "we're very proud that we used our own computers." Currently, Phillips is looking for work. He also asked why the college considers criticism of President Bush to be protected, but not criticism of the college's own president.

Some students at Columbia are looking for middle ground -- by criticizing the Web site and the college administration. In a column called "Wackygate" in the Columbia Chronicle, the student paper, Jeff Danna criticized the creators of the site for "anonymously taking jabs" at the president -- rather than offering ideas on how to improve the college. But Danna also said that many students related to the criticisms on the Web site and that Phillips and his colleagues deserved to be listened to, not fired.

"The college community should be applauding Phillips and his still-anonymous colleagues. This is what students at Columbia are trained to do -- take the skills they acquired in their courses and use them to do work that they believe is meaningful," he wrote. "Phillips also tried to demonstrate with Wacky Warrick that he is a risk-taker willing to question authority and not sit idle while his superiors act in a manner that he sees as unscrupulous. Yes, his method might have been misguided ... but the fact that he used his talents to attempt to bring about a large scale change is noble."

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Comments on Lèse-Majesté

  • Posted by Tolana , English major on January 24, 2006 at 9:00am EST
  • I was a little confused until I did some investigating and found that the lab where the "raid" took place is a part of Columbia. So I guess the university had the right to go in there. But that still doesn't excuse the hunting down of Philips. What did he do wrong? If college computers were never used to create the site, then he seems to be clear of wrong-doing. Would they have hunted down and fired the authors of a that mocked the students and not the president? The actions of the administration only reveal their insecurity.

  • Laws on Comments
  • Posted by John K. Wilson on January 24, 2006 at 11:01am EST
  • I find it curious that Columbia College claims that a state law prohibits it from saying why they fired someone. What state law is this? Has anyone heard of such a thing?

  • Posted by MD on January 24, 2006 at 12:15pm EST
  • Personnel issues are confidential under the law, both federal and state. Without a signed waiver by the (former) employee, the college cannot release anything about the person's term of employment other than the fact that they did or did not work there.

    The story was unclear as to the facts, but if the college folks went to a college lab to find the server, even if the computer serving the site was privately owned, it sounds like it was connected to Columbia's network infrastructure, and thus subject to the college's technology use policies. If these guys were wreckless enough to connect to Columbia's network, they should have expected to be shut down and punished. They had lots of options for serving their website from off-campus, they have nothing to gripe about.

  • specifics are good for America !
  • Posted by Larry on January 24, 2006 at 1:05pm EST
  • MD, The law in this area is quite complex. However, in most circles it is polite to refer to a specific statutory section so people don’t accuse you of making stuff up or repeating urban legends.

  • A Word from the "Producer" of Wacky Warrick
  • Posted by Wacky Warrick Producer on January 24, 2006 at 5:40pm EST
  • I am a member of the team behind the Wacky Warrick website and I want to state that at no time were the school computers used, why would we ever do that when we have better machines at home and further more we never would serve the site from there.

    The school administration is not exactly open to change even though the college tag line is "Create... Change". When we created this site our intention was to create change and bring issues to light that had been spoken of for a long time. The reason for anonymity has been there students that have yet to graduate.

    If this school is so open to freedom of expression why has every copy of Chicago Reader been removed from Campus? Why have they never actually contacted us to have an open dialog?

    They exclaim they did the legal thing, but we say they did nothing that was just or right. Mark Phillips was given a "drumhead trial" and sent packing with no explanation.

    We are commited to using the skills we have learned to bring change to a place that we feel could be a lot better.

  • My Two Cents
  • Posted by Two Cents on January 25, 2006 at 4:25am EST
  • If I am reading the info right on the Science Institute website I believe it is a nationally founded entity. Meaning, the computers that are in said lab are not owned by Columbia College but in fact property of the National Science Foundation (if it was bought with grants and other government funding). The only thing that belongs to the college (I predict) is the floor the walls and the ceiling. The rest is not theirs to look in on. Also it firmly states in the EMPLOYEE guidelines as found here (come on Scott do some digging.)

    ( http://facultyhandbook.colum.edu/fh800.htm#_866_ELECTRONIC_RESOURCES ):

    "Each user of Columbia College computer and network resources is entitled to a reasonable expectation of privacy. Except when the Columbia College Webmaster Team has probable cause to believe a particular use violates local, state, or federal law, the College shall not seize or inspect data files, or communications made by authorized users or impose disciplinary action upon authorized users based upon the content of any electronic data, file, or communication maintained by an authorized user. Authorized users should be aware, however, that local, state, or federal law may provide access to any or all data, files or communications stored, received, created, or communicated via Columbia College computer and network resources, as in the case of the issuance of a subpoena duces tecum on behalf of any party to litigation, including Columbia College. In such instance, the data, files or communication may be used by any party, including Columbia College as defendant, as allowed by law."

    ALSO (this is the best)

    "ACADEMIC FREEDOM OF SPEECH:

    Columbia College establishes its computer and network resources as “limited public forums,” This means that, except as stated below, authorized users may not be censured based upon, or otherwise limited in, the content of data, files, or communication stored, received, or communicated via Columbia College computer and network resources provided such information is related to authorized used as defined herein.

    ILLEGAL SPEECH:

    Except for Official Information, Columbia College exercises no editorial control over the content information created or published via Columbia College computer and network resources. Except for Official Information, the content of information created or published via Columbia College computer and network resources shall be the sole and exclusive responsibility of the author of such information. Nevertheless, when it is brought to the attention of the Columbia College Webmaster Team that a user is using Columbia College computer and network resources in violation of this policy or local, state, or federal law, the Webmaster Team will screen problems and direct them to appropriate existing administrative bodies for resolution."

    Sorry for the long rebuttal, but I felt the need to enlighten others more then the author did. You did a good article though (stand up for the little guy).

    Just and outsider looking in,

    My Two Cents

  • Posted by Craig Monroe on January 25, 2006 at 4:25am EST
  • Let's see--the PR guy claims that the college's actions in no way violated freedom of expression because it took no action to try to shut the Web site down." I would humbly suggest that the web site has no freedom of expression--it is a medium for
    expression. The guy who created the web site--that's right, the one you fired--has freedom of expression . . . ., well, obviously not on this campus.
    No, they just fired the guy who was exercising freedom of expression in creating it.

  • Miss use of power
  • Posted by Edger Friendly on January 25, 2006 at 4:25am EST
  • The columbia college Miss use of power

    Columbia College has a clear cut published computer policy.
    Read it for yourself. The pertinent sections are: 3.2. PRIVACY, 3.3. ACADEMIC FREEDOM OF SPEECH, 4.1. HARASSMENT, 5. SANCTIONS.

    http://www.colum.edu/info/website/WWWpolicy.html

    None of the people involved with Wacky Warrick violated any of the policies.

    1) Wacky Warrick is served off campus.
    2) Wacky Warrick was not created or worked on using Columbia equipment.
    3) Anyone who wants to see Wacky Warrick has to actively seek it out.
    4) The College is using the excuse of Illinois law not allowing them to comment on the firing to dodge questions. Why not call Mr. Phillips and ask him if it’s okay to discuss the firing?
    5) Where is the proof? In America you have to prove guilt not innocence.
    6) After a little research, it seems Columbia’s administration has a history of quietly getting rid or marginalizing anyone who disagree with it.

  • Hmmm
  • Posted by Serena on January 25, 2006 at 6:15pm EST
  • Interesting situation. However, he was a non-union employee of a private institution right? I would guess that means they can fire people for whatever reason that want to, as long as it is not a form of discrimination based on race/ethnicity, religion or gender.

    At every job I've ever had, I've been an at "at-will" employee, which means that the employer can terminate you at their will. Usually it says something about it at the end of the job application that you have to sign agreeing to those terms.

    If they had dismissed a student from school over it, that would be a whole different story. But this guy was an employee, basically making fun of his boss in a pretty elaborate way.

    I'm not saying it was right or wrong, but I can't imagine many jobs where an employee wouldn't get fired for doing something similar.

  • Welcome to the New America
  • Posted by Mediumcool on January 26, 2006 at 2:45pm EST
  • A kinder, gentler nation.