EFF: College Student Vindicated After Political Email Sparks Disciplinary Action

[David Farber <dave () farber net>]

Begin forwarded message:

From: EFF Press <press () eff org>
Date: January 28, 2009 10:48:32 AM EST
To: presslist () eff org
Subject: [E-B] EFF: College Student Vindicated After Political Email  
Sparks	Disciplinary Action
Reply-To: press () eff org

Electronic Frontier Foundation Media Release

For Immediate Release: Wednesday, January 28, 2009

Contact:

Cindy Cohn
  Legal Director
  Electronic Frontier Foundation
  cindy () eff org
  +1 415 436-9333 x108 (office), +1 415 307-2148 (cell)

Rebecca Jeschke
  Media Coordinator
  Electronic Frontier Foundation
  press () eff org
  +1 415 436-9333 x125

College Student Vindicated After Political Email Sparks
Disciplinary Action

Michigan State University Clears Student Government Leader

East Lansing, MI - A Michigan State University (MSU)
student government leader has been cleared of any charges
of wrongdoing after the school falsely labeled her a
spammer for sending out a political email to faculty
members.  MSU has also agreed to revise its Network
Acceptable Use Policy to ensure that it is fair and
constitutional.

The Electronic Frontier Foundation (EFF) represented the
student, Kara Spencer, after she was brought before a
disciplinary committee for sending an email raising
concerns about a controversial change in MSU's school
calendar to approximately 400 faculty members.  MSU's
"acceptable use" email policy bans political statements
sent to more than 20-30 recipients without prior approval
of university officials.

EFF argued that the school's email policy was an
unconstitutional restriction on the university community's
free speech rights and had begun preparing a lawsuit on Ms.
Spencer's behalf.  EFF was referred the case by FIRE, the
Foundation of Individual Rights in Education.

"We're pleased that MSU has reversed course and will not
only drop the charge against Ms. Spencer, but will
reconsider its flawed policies," said EFF Legal Director
Cindy Cohn.  "When a school's anti-spam policy requires
students to get approval before they discuss school policy
with school officials, it has plainly left the realm of
protecting against spam and has violated the Constitution."

MSU will also work with Spencer as a member of the
University Committee for Student Affairs to change the
email policy so it will respect students' free speech
rights.  EFF has offered to advise as well.

"The email that I sent wasn't spam.  It was part of an
important conversation about university issues of common
concern," said Spencer.  "I'm pleased that MSU has finally
recognized my right to express my views.  Unconstitutional
attempts to curb campus political activism aren't just
illegal.  They are counter-productive to universities'
educational mission."

For previous coverage of this issue:
http://www.eff.org/deeplinks/2008/12/eff-fire-and-others-urge-michigan-state-respect-st


For this release:
http://www.eff.org/press/archives/2009/01/27

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/


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