More on CMU

[David Farber <farber@central.cis.upenn.edu>]

From: Mike Godwin <mnemonic@eff.org>
Subject: More on CMU
To: farber@central.cis.upenn.edu (David Farber)
Date: Thu, 3 Nov 1994 23:20:42 -0500 (EST)




The First Amendment issue raised by the proposed ban is a subtle one.
Obviously, since CMU is not a state institution, its actions don't
directly implicate the First Amendment, which restricts only government
action.


But CMU's argument is, essentially, that they're afraid of legal liability
if they carry these newsgroups. In response, it's appropriate to note
a) that they can't be Constitutionally prosecuted for carrying protected
speech, and b) there seem to be no cases on record of any university,
public or private, facing legal liability based on carrying sex-discussion
newsgroups.


It should be noted that CMU seems to have taken no action to remove
Henry Miller or D.H. Lawrence from the university's libraries.
[BUT WILL THEY FROM THE ELECTRONIC LIBARIES SOMEDAY .. djf]




--Mike