IP: Student disciplined for taping Tipper Gore: "Stolen property!"

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Declan McCullagh <declan () well com>

Previous Politech message:

"American U. goes censorhappy: Arrests student taping Tipper Gore"
http://www.politechbot.com/p-03787.html

---

From: "Erich Wasserman" <ew () thefire org>
To: <declan () well com>
Subject: Student Journalist at American University Punished for Videotaping
Public Speech by Tipper Gore
Date: Mon, 12 Aug 2002 11:43:07 -0400

Declan,

I thought this would be of particular interest to you and your readers
for at least two reasons; first, a university is punishing a student
journalist in what can only be called kangaroo court proceedings for
videotaping a public event, and second, one of the charges against the
student is possession of stolen property (images and sounds). American
University claims that a contract was in force between it and Tipper
Gore that prohibited any recording of her public speech. All parties
agree that this contract was not promulgated by the University, so the
student sat in the audience with a camcorder. When he was discovered by
(plain clothes) campus police, his camcorder and tape were confiscated,
and, among the charges the student faced subsequently were theft of
copyrighted material (images and sounds) and possession of stolen
materials (Mrs. Gore's likeness and words). As I'm sure you will agree,
this claim of theft is a rather remarkable perversion of intellectual
property law.

Disclaimer: I am an officer of the Foundation for Individual Rights in
Education (www.thefire.org), a non profit civil liberties group that is
advocating on the student's behalf.

Additionally, FIRE maintains a free email list, updating subscribers on
cases involving free speech and academic freedom on America's college
and university campuses. To subscribe:
http://www.thefire.org/subscribe.php3.

Hope you find this of interest,
Erich Wasserman
ew () thefire org



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WASHINGTON, DC-American University (AU) has punished an undergraduate
student journalist for videotaping a public speech by Tipper Gore.  A
kangaroo court at AU found the student guilty of "possession of stolen
property." "American University jumped at the chance to silence a
critic, without a care for free speech, journalistic freedom, and
fundamental fairness," said Alan Charles Kors, president of the
Foundation for Individual Rights in Education (FIRE).

Ben Wetmore, a senior from Denton, Texas, is well known to
administrators at AU for his opposition to University policies and
expenditures.  He maintains a website where he criticizes and parodies
AU President Benjamin Ladner and other AU officials.  On April 8, 2002,
Wetmore attended a public speech by Tipper Gore.  AU gave no indication
that videotaping at the event was banned.  Wetmore brought his camcorder
with him to tape the public speech.  More than half an hour into the
event, plainclothes campus security officers told Wetmore to stop
taping.  Wetmore claims that they refused to identify themselves.  The
Office of Public Safety testified, in response, that one officer
"adjusted his suit jacket so that Mr. Wetmore could see his badge on his
left hip."  According to the testimony of Karen Gerlach, then assistant
director of student activities at AU (and now the director), as soon as
she arrived and stated that she "did not want this incident to cause a
disruption," Wetmore cooperated: "[He] then got up and came outside."


Outside, the officers demanded that Wetmore turn over the tape.
According to the Office of Public Safety's official judicial complaint,
when Wetmore refused, the officers "pried the camcorder from Mr.
Wetmore's hands, put him on the floor and placed him in handcuffs.  The
videotape was confiscated."  Karen Gerlach testified:  "Mr. Wetmore
indicated that he wanted to file assault charges against the officers."
She also noted that "the red light of the camera was still on," and that
it "might be recording."  An officer "then removed the tape from the
camera and put it in his pocket." AU now refuses to return the student's
tape of what occurred.

Ben Wetmore was charged with seven violations of campus policy,
including "theft" of Tipper Gore's "intellectual property."  As Gerlach
testified, Ben Wetmore told the officers that the announced ban
concerned flash photography only.  She added that the staff "did not
have signs posted at the event stipulating this condition nor was a
clear announcement made at the beginning of the event."

FIRE's Legal Network secured the services of Jonathan Katz, a partner
with the Maryland firm of Marks & Katz, to fight for Wetmore's rights
through his administrative trial.  At the trial, Director of Judicial
Affairs and Mediation Services Katsura Kurita, who has a law degree,
assumed the roles of grand jury, judge, and juror.  AU prevented
attorney Jon Katz from representing Wetmore at the hearing.  Of the two
other jurors, one was Kurita's own clerk and the other was a student who
had submitted charges of impeachment against Wetmore in the student
government in 2000.  Wetmore was found guilty of five charges (including
possession of stolen property, trespass, and failing to comply with the
directions of university officials).  AU Assistant Vice President and
Dean of Students Faith C. Leonard notified FIRE that "there is no right
of appeal in cases heard by a disciplinary conference board."

When Wetmore contacted FIRE, Greg Lukianoff, director of legal and
public advocacy, first attempted to resolve the case informally.  He
then wrote to President Ladner on June 11, 2002:  "No university that
cares about student rights would allow a student who wished simply to
videotape a public figure at a public event on its campus to be
manhandled by authorities, to be found guilty of theft of images and
sounds.to be denied an impartial panel, and to be placed on probation
without any chance of appeal."  AU dismissed these concerns.

In a revealing response to a letter about the case, AU Vice President
and University Counsel Mary E. Kennard criticized Wetmore for ignoring
the University's "admonitions" not "to post derogatory materials about
staff on his website"-as if it were a crime to be publicly critical of
the University.  Kennard's letter confirms what AU's behavior already
revealed: the appalling treatment of Ben Wetmore was due to his
political speech and journalistic activities.

Wetmore was placed on disciplinary probation for one year, ordered to
attend a conflict resolution workshop, assigned forty hours of community
service (cleaning the auditorium), told to write several papers on "the
topic of 'Conflict Resolution,'" stripped of an elected student
position, and warned that another such incident may well result in his
expulsion.  The judgment, written by Kurita, added, "The board is
concerned that you are choosing to utilize confrontational tactics to
address your personal agendas"-making Wetmore's website criticism of AU
part of the proceedings against him.

Through its Legal Network, FIRE has now secured the assistance of
Solomon Wisenberg, a partner with the Washington firm of Ross, Dixon &
Bell, who is coordinating pro bono litigation against AU.  Wisenberg
said, "We are determined to pursue all available legal avenues and to
use all means at our disposal to restore to Ben his rights as a
journalist and as a student."

"It is shameful that American University has treated a student
journalist in this appalling manner," said Kors. "FIRE and its Legal
Network will pursue its claims against AU until justice is done."

FIRE is a nonprofit educational foundation that unites civil rights and
civil liberties leaders, scholars, journalists, and public intellectuals
from across the political and ideological spectrum on behalf of
individual rights, due process rights, freedom of expression, academic
freedom, and rights of conscience on our campuses.  FIRE's efforts to
preserve liberty at American University and elsewhere can be seen by
visiting www.thefire.org.

Contact:
Thor L. Halvorssen, FIRE: 215-717-3473; fire () thefire org
Benjamin Ladner, President: 202-885-2121; president () american edu
Faith C. Leonard, Assistant Vice President and Dean of Students:
202-885-3300; fleonar () american edu
Katsura Kurita, Director of Judicial Affairs and Mediation Services:
202-885-3368; kurita () american edu
Mary E. Kennard, Vice President and University Counsel: (202) 885-3285;
mekesq () american edu

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