News, Views and Careers for All of Higher Education
Jan. 18
Months after first reviewing the expulsion of a student activist from Valdosta State University, the Georgia Board of Regents agreed to allow T. Hayden Barnes — once dubbed a “clear and present danger” to the campus by its president, Ronald Zaccari — to return to his studies, reversing the university’s May decision to “administratively withdraw” him.
Barnes initially attracted Zaccari’s ire when he publicly criticized the president’s plan to build two parking garages on campus using $30 million of students’ mandatory fees. Besides writing letters to administrators and sending mass e-mail messages, Barnes had posted a collage of images to his Facebook profile that Zaccari took to be a direct threat to his safety. (Other links posted to his Facebook profile included a video contest whose slogan, including the words “Shoot it,” was [mis]interpreted by the administration as a literal call to arms.)
After first appealing to the board, Barnes contacted the Foundation for Individual Rights in Education, which directed him to a lawyer and publicized the case. Just last week, FIRE announced Barnes’s lawsuit against Valdosta State, alleging that it had violated his First Amendment rights.
“I would be remiss if I didn’t chalk this one up to professional representation,” said William Creeley, a senior program officer at FIRE. “I think when it was just Hayden presenting his case to the Board of Regents ... the board had absolutely no incentive to take him seriously and really evaluate the case on the merits. When lawyers are involved and some media attention is garnered,” he said, it becomes a “different equation.”
So far, the board hasn’t made a public announcement; Barnes’s lawyer, Robert Corn-Revere, said he expects a letter outlining the decision soon. The fate of the lawsuit, still pending, is unclear.
“I think that [the decision] can’t help but have some bearing” on the outcome of the lawsuit, “because it acts as an admission of fault in some real way,” Creeley said. A spokeswoman for the university declined to comment.
FIRE is also pressuring Valdosta State to alter its unusually strict speech policy, which mandates a single “free expression area” on the 168-acre campus. Creeley said that Greg Lukianoff, FIRE’s president, is currently visiting the public university’s campus to survey the area, which is only available for two hours every day.
“What we’re hoping ... is that once Valdosta State starts to see people are concerned about First Amendment rights on campus, then they will correct their policies ... without further litigation.”
Still, he said, the organization wouldn’t rule out another lawsuit to drive home its point.
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New this year at Valdosta State: the Religious Freedom Room, located in the basement of Maintenance. And on alternate Tuesday afternoons, campus police now observe “Freedom from Unreasonable Search & Seizure” laws. Please be advised that No Unlawful Detainment Wednesdays have been suspended until further notice.
Habbie Offman, at 10:01 am EST on January 18, 2008
In the days following Va. Tech it is not a surprise that some folks are over sensitive to what can be regarded as violent threats or material on the Internet. I would suggest that this is not the last conflict we will see between an individual right to personal safety and others’ First amendment rights.
The sad thing is that lawyers had to get involved for a resolution of the conflict to occur.
Bob Avakian, at 1:10 pm EST on January 18, 2008
Well, this ended predictably. I think everyone on here pretty much agreed on what was going on and why it was bad. I had a few additional thoughts.
1. Constitutional issues aside, when schools seek to restrict ideas in this way it hurts their alumni. From this point on, when most of us meet an alum of that school we will simply assume that they have been protected from ideas that don’t jive with some strange ideology (or maybe a personality cult), and can’t really deal with all the cacophony of ideas out there. I would say that it is akin from graduating form a school that didn’t teach math courses.
2. Mid-level administrators do this stuff all the time without contacting their lawyers first. Generally it results in embarrassment, but we can chalk it up to someone not knowing what they are doing. Here, we have a senior-level administrator (with an academic appointment) acting in a very childish manner. This is somewhat rarer because presidents, like most executives, are used to consulting with lawyers and usually have a good feel for when legal advice is needed. I would hanker a guess that he didn’t have a serious conversation with his lawyers before going after this kid.
3. The “counselors” interactions with the administrators (and their complete disregard for confidentiality) shows why it is a very bad idea for any student to EVER visit a campus counselor for anything! While some counselors claim to respect confidentiality, these semi-frequent incidents of deliberate breaches pretty much void any protection that a student might have. If this kid had asked me what to do about his agoraphobia, I would have told him to stay the heck away from anyone associated with the university.
4. On a more general note, this probably shows one of the strange differences between academe and the “outside” world. In the outside world, chains of command are generally respected. People work for bosses, judges get appealed, and for the most part it makes sense. In academe, however, students are PAYING to attend and can’t really expect to be “told” what to do, or to view a college president as anything more than the president of an institution that they pay money to. However, some senior-level administrators don’t really understand this concept, and believe that the students are the lowest level of plebe in some great army that they command. While I don’t subscribe to the “customer-service” model of academe, the attitude that a president (usually with an impressive pedigree and many years of experience) is inherently “above” a student will simply make enemies. Instead, this respect needs to be “earned.” And, if a president really doesn’t like what someone is saying, he can always ignore it, because they people that DO work for him will generally listen to him, anyway.
5. Finally, I need to say it again: FIRE represented someone without a religious or conservative bent. So, I think it is safe to say that they turned the corner.
Larry, at 2:05 pm EST on January 18, 2008
No one — FIRE, the comments, the Chronicle, or Inside — has noted that Valdosta STATE University is a public, not a private institution. Why important? VSU cannot invoke private property rights in its attempts to supress Barnes’ free speech.
richard, at 3:30 pm EST on January 18, 2008
Richard, You are wrong. Read the complaint. Count TWO alleges a violation of 14th amendment due process.
Larry, at 3:55 pm EST on January 18, 2008
This is absolutely ridiculous! The student has a right to say his opinion and do the letter- and e-mail-writing campaigns. He was taking a position against an unpopular issue. Who does this stupid University president think he is?
It is inconceivable that in our enlightened day and age, a student would be targeted for retaliation by the university president because of free speech.
The university needs to understand that free speech is a right, not a privilege. A student can say whatever he wants. More to the point, the university has no right to restrict freespeech with these silly “free speech zones".
Administration, leave the students be, and mind your own damn business!!
Lev D. Zilbermints, Rutgers-Newark, at 6:00 pm EST on January 18, 2008
Nicely done, Habbie.
JBM, at 8:30 am EST on January 19, 2008
If this type of thing happens at a hallowed and progressive institution like Valdosta State, we must ask, is our right to free speech safe?
Seriously, didn’t this president think about the fact that he would expose himself to the rest of the academic community as an insecure, arrogant blowhard and make his college a laughingstock when he did this?
On the merits, the student is probably also correct that parking garages are a waste of fee money, but like many Presidents, this dude clearly has an edifice complex.
chris, at 12:35 pm EST on January 19, 2008
As a regular reader of IHE, I often appreciate commenter Larry’s thoughtful comments. However, I have to take exception to his assertion that FIRE has “turned a corner” by taking Hayden Barnes’ case. FIRE has always taken cases from every ideological perspective (and those that have nothing to do with ideology at all) and we will continue to do so. Our board, our president, and I all insist on it. However, you don’t have to take my word for it; I can back up this assertion with FIRE’s public deeds. We have answered assertions that we take political sides or have some kind of bias before; here are a couple of places where we quite comprehensively address this, for those who are interested:
http://www.prwatch.org/prwissues/2005Q3/saf.html#comment-499
http://www.thefire.org/index.php/article/7975.html
We even very publicly defended the student editor at Colorado State who printed the “Taser this: F—K BUSH” editorial—and were nearly alone in doing so:
http://www.huffingtonpost.com/gre...su-and-conventions-of-d_b_66673.html
Whether it’s defending Ward Churchill’s comments or taking down a coercive diversity program at the University of Delaware, one thing ties FIRE’s cases together: FIRE takes the side of liberty over repression. Hayden Barnes’ case doesn’t represent FIRE’s “turning a corner"—it’s our bread and butter. I encourage everyone to visit FIRE’s website at www.thefire.org and decide for themselves.
Robert Shibley, Vice President at FIRE, at 5:45 pm EST on January 20, 2008
On the face of it, this appears to be the action of overzealous administrators. But, in this day of advocacy journalism, I have no way of knowing what details I am not being told that might make me more sympathetic to the administration. As in so many issues today in which I do not have a direct stake and little time to investigate multiple sources, I simply shrug my shoulders and say, that is a problem for the participants to deal with. Maybe a gross wrong has been righted. Or, maybe the student is a wild-eyed candidate for a VT style mass slaying. Move along and hope for the best. Nothing I can do about it anyway.
Reid, at 7:05 pm EST on January 20, 2008
In terms of pecking-order, students rate below janitors at most colleges and universities (students come and go, but a good janitor is hard to find). If VSU really thought he might be a threat expelling him was a stupid way to deal with it: Nothing would prevent him from returning to campus with a brace of pistols and shooting up the place in retaliation. It really looks though like the “threat” was just an excuse to get rid of an administration critic.
Orion, at 7:05 pm EST on January 20, 2008
Orion,
That’s because janitor’s have a union. Universities and Colleges are the only institutions where the student paying the money is treated like a beggar getting a handout rather than customer purchasing a service.
Maurice, at 5:10 am EST on January 21, 2008
Mr. Shibley, I appreciate your comments. My original comment in this thread was directed at people that have accused people of only taking on “conservative” causes. (I use that term as a shorthand, not as an actual description of a coherent ideology.) This “turning,” in my view probably happened a few years back, and any “liberal” should have no qualms about giving money to your group.
When FIRE first came on the scene, and became popular (i.e. 2002-3), most of the cases it was taking were along the lines of: 1) religious groups; 2) “conservatives” being shut down by “liberals” administrators. Even so, this doesn’t necessarily mean that there was an ideological bias in FIRE. It may have been that early-on, not as many oppressed students knew about FIRE so the best cases were snapped up by the ACLU or other more well-known groups. My personal belief (not supported by any actual data as I don’t have it, I admit) was that the first donors and affiliates to FIRE were of a conservative bent, and FIRE needed to impress them to raise the money.
However, it might be, as Mr. Lukianoff suggests, that things were really just a matter of coincidence.
(I have no position on the actual staff of FIRE, and their effectiveness in court or in non-judicial advocacy speaks for itself.)
Larry, at 10:40 am EST on January 22, 2008
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“I disapprove of what you say, but I will defend to the death your right to say it.”
Hey Zacarri and company, were Voltaire et al threats to themselves? Or ARE they threats to you?
kgotthardt, at 9:20 am EST on January 18, 2008