FC: Did Univ. of NC at Wilmington divulge a professor's private email?

[Declan McCullagh <declan () well com>]

[This is in two parts, both below. Now that we've heard FIRE's side, I
invite the University of North Carolina at Wilmington to reply. I will
forward a response unedited, of course. If FIRE's statements are
incorrect, I think it's fair to assume that the administration will
want to set the record straight. --Declan]

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From: "Thor Halvorssen" <thor () thefire org>
To: <declan () wired com>
Subject: UNC-Wilmington Invades Professor's Privacy and Chills Everyone's Free Speech
Date: Wed, 19 Dec 2001 10:48:35 -0500

To: Declan McCullagh
From: Thor L. Halvorssen

UNC-Wilmington Invades Professor's Privacy and Chills Everyone's Free Speech

WILMINGTON, NC--The University of North Carolina at Wilmington (UNC-W)
ordered the opening and examination of the private letters of a UNC-W
professor's email account. It is a remarkable story of abusive authority and
hypocrisy. Four days after the terrorist attacks on New York City and the
Pentagon, a student sent the professor, and others, an email that blamed the
United States for the attacks. She asked recipients to forward it to those
interested in further "open" discussion. When the professor responded with
criticism of her opinions, and when others to whom he forwarded her email
responded with forceful criticism, the student demanded that the University
grant her access to the professor's private emails so that she could sue
him. Although UNC-W's own counsel twice acknowledged that the student's
claims are entirely without legal merit, the administration has nevertheless
capitulated to her irrational demands and examined the professor's private
correspondence.

"Administrators at UNC-W apparently have concluded that the senseless
demands of one individual--demands that have no legal merit and that the
school itself dismissed at first--are enough to trump the constitutional
rights of another. It is a sad case of careerism and indifference to
principle," said Alan Charles Kors, President of the Foundation for
Individual Rights in Education (FIRE).

On September 15, Mike Adams, a professor at UNC-W's Department of Sociology
and Criminal Justice, received an email from Rosa Fuller, a UNC-W
undergraduate. The email, addressed generally to the University's students
and faculty, quoted the "World Socialist Website." In her email, Rosa Fuller
argued, "far from America being 'the brightest beacon for freedom and
opportunity in the world,' the US is seen by tens of millions as the main
enemy of their human and democratic rights, and the main source of their
oppression. The American ruling elite, in its insolence and cynicism, acts
as if it can carry out its violent enterprises around the world without
creating the political conditions for violent acts of retribution." She
concluded with an invitation to forward the email in the interest of "open,
unbiased, democratic discussion."

Professor Adams sent Fuller a brief reply and forwarded her message to
others, several of whom responded directly to Fuller. Stung by sharp
criticism, Fuller, in communications to the UNC-W general counsel, accused
Professor Adams of intimidation, defamation, and false representation. On
the basis of these specious accusations, Fuller demanded that the University
allow her to see the professor's emails. Administrators at first stated that
she had no right to view those emails, but Fuller persisted. On her third
attempt, administrators capitulated, abandoning their recognition of an
obligation to defend a faculty member's right to privacy, and deciding
instead to search the professor's private email records on her behalf.

"Rosa Fuller claimed she wanted an 'open discussion,' but when emails came
to her that were dismissive of her ideas she quickly abandoned the freedom
of speech she claimed to foster," said Kors. "It's as if she believes that
speech is only free to the extent to which it agrees with her ideas."

When UNC-W administrators first questioned Adams, he contacted FIRE, which
wrote to UNC-W Chancellor James Leutze pointing out that the discussion and
criticism that Rosa Fuller's email initiated were "a demonstration of the
First Amendment at work," but that "now Rosa Fuller seeks to prosecute those
who disagree with her."

FIRE added that the administration "has legitimized her claims by taking
action against Professor Adams. In doing this, UNC-W has ominously
demonstrated that when the most basic rights of students and faculty are
threatened, UNC-W is not above abandoning them. The chill that this will
send into every communication on your campus is palpable."

"We hope that UNC-W's administrators will avoid doing battle with the Bill
of Rights, to which they are morally and legally bound," said FIRE's letter
to UNC-W. "They must change course before irreversible harm is done to
privacy rights and freedom of speech on campus. UNC-W's duty is to protect
the constitutional rights of its faculty and its students at all costs, not
to appease those who would silence all dissent."

FIRE has yet to receive a response from Chancellor Leutze. However, FIRE's
campaign of sunlight has included appearances by Adams on television and in
newsprint. FIRE will soon begin a long-term initiative to educate UNC-W's
regents, students, parents, and donors.

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

Contact:
Thor L. Halvorssen, FIRE: 215-717-3473; fire () thefire org
James Leutze, Chancellor of UNC-W: 910-962-3030; leutzej () uncwil edu
John C. Cavanaugh, Provost of UNC-W: 910-962-3389; cavanaugh () uncwil edu
Harold M. White, University Counsel, UNC-W: 910-962-3030; whiteh () uncwil edu
Mike Adams, Professor at UNC-W: 910-962-3425; adamsm () pop uncwil edu
Rosa Fuller, student at UNC-W: rtf4733 () uncwil edu

---

From: "Thor Halvorssen" <thor () thefire org>
To: <declan () wired com>
Subject: UNC-Wilmington Shames Itself Yet Again; Provost Responds by Denying What Occurred
Date: Thu, 20 Dec 2001 17:47:10 -0500

To: Declan McCullagh
From: Thor L. Halvorssen

UNC-Wilmington Shames Itself Yet Again; Provost Responds to FIRE by Denying
What Occurred

WILMINGTON, NC--On December 19, 2001, the Foundation for Individual Rights
in Education (FIRE) issued a report on the investigation and invasion of
privacy of a professor at the University of North Carolina-Wilmington
(UNC-W). In response to growing criticism, the administration of UNC-W has
begun an effort to conceal what occurred and to spin its way out of the
public relations nightmare that has ensued from its outrageous conduct.

Four days after the terrorist attacks on New York City and the Pentagon, a
student, Rosa Turrisi Fuller, the daughter of Dr. Patricia Ann Turrisi,
director of UNC-W's Center for Teaching Excellence, sent UNC-W Professor
Mike Adams, and others, an email that blamed the United States for the
attacks. She asked recipients to forward it to those interested in further
"open" discussion. When the professor (and others) responded with criticism
of her opinions, the student demanded that the University grant her access
to the professor's private emails so that she could sue him for libel. As
FIRE reported, UNC-W ordered the opening and examination of the private
email letters of Professor Adams.

UNC-W Provost John C. Cavanaugh, replying to critics, asserts that Professor
Adams was never investigated, that he was never punished for his exercise of
his First Amendment rights, that Professor Adams's expression was not
stifled by the University, that they did not turn over any records to the
student accuser, that the university was "forced" to comply with the student
accusers' requests for documents, that Professor Adams praises UNC-W's
actions, and that FIRE never "checked" with them or consulted any primary
sources. All of these claims are undeniably and demonstrably false. FIRE is
in possession of all of the documents referred to below. Here are the facts:

*  Releasing student and faculty email records: UNC-W claims that it did not
turn over any records to the student accuser. In fact, on October 25,
University Counsel Harold M. White, Jr. turned over a printout of the date
and times of all of the emails sent by Professor Adams from September
17-September 18, 2001. The printout, the bottom line of which reads,
"Printed for Hal White whiteh () uncwil edu 10/22/01," details the identity and
email addresses of everyone with whom Adams communicated, including nine
on-campus and fourteen off-campus emails. A cover letter of October 25, 2001
from University Counsel White to Fuller, Adams's would-be persecutor,
stated: "A list of these emails and the addresses to which they were sent
are attached."

*  Investigation: The same letter of October 25, 2001 from University
Counsel White to Fuller documents the extensive investigation not only of
Professor Adams's email account, but also of the accounts of those with whom
he corresponded. This official university investigation included "a review
of the transmittal logs" by the Information Technology Systems Division
(ITSD), a review of the on-campus "inboxes on our central computing facility
(VAX)," and an inquiry into the content of students and faculty who
corresponded with Adams. Finally, they "asked Dr. Adams [and others] to
examine the logs on their personal PCs." Provost Cavanaugh himself, the
Chancellor, the Vice Chancellor of Student Affairs, and the Vice Chancellor
of ITSD were all copied on this letter. At approximately 11:00 AM on October
25, Professor Adams watched as, over his objections, university personnel,
including Systems Programming Manager Michael Sheehan (who, according to
Adams, objected to having to check Adams's email) and University Counsel
Harold White, gathered his emails saved on the system and opened his email
account. White reviewed the content of the only two emails they were able to
retrieve. He had to review them almost in their entirety in order to decide
that these emails were, after all, private and not part of the public
record. A week before this invasion White went to Adams's office with a
systems programmer to verify that Adams had not deleted any messages. White
looked at both the outbox and the trash folder of Adams's office computer.
This long process was precisely "an investigation."

*  Punishment: Invasion of privacy is a punishment. The University Counsel
himself recognized this when he wrote in his October 25 letter that the
investigation "caused predictable consternation, outrage and a feeling of
violation and invasion of privacy on the part of those whose mail was to be
inspected." At the very least, the University clearly understood the moral
impropriety of what it was doing. Now that they are exposed, they will not
concede the obvious point that violating someone's right to privacy is
wrong, illegal, and a form of punishment. Indeed, as University Counsel
wrote to Fuller, "both our student and our faculty member felt they were
being coerced and 'forced,'" adding, "we did examine their inboxes over
their objections pursuant to your request."

*  Chilling effect: The investigation into the constitutionally protected
views and private correspondence of faculty and students stifled Adams and
anyone else who uses email to communicate freely on campus. This action has
made Professor Adams and, doubtless, many others at UNC-W fearful of
expressing themselves too sincerely, lest they be investigated and punished,
even if that expression is in a private email discussion. The failure to
defend the primacy of free speech chills campus speech for everyone.

*  "We were forced to respond": UNC-W boasts that, on three occasions, it
refused to violate the privacy of Professor Adams. However, they blithely
concede that they capitulated on the student's fourth attempt. UNC-W,
however, cannot claim that it was "forced" to do anything. It was never
ordered by a court to release any information. UNC-W was not "forced" to
betray the privacy rights of its professors and students. Rather, it simply
decided to do so, and in University Counsel's letter of October 25 to
Fuller, he even expressed regret that one private email could not be
retrieved: "Unfortunately, Dr. King's inbox did not have the email from Dr.
Adams." If there were some higher authority that commanded the University to
take these actions, let them release these "instructions." The existence of
very strong constitutional arguments and wholly clear moral arguments
against letting a would-be censor press her demands contradict any claim by
UNC-W that it was "forced" to comply. Indeed, if such an instruction had
been issued, UNC-W should have resisted. It could have won a victory for
speech and privacy, instead of capitulating to abusive authority.

*  Professor Adams does not defend UNC-W: In his response to critics,
Provost Cavanaugh claims that Professor Adams defended UNC-W's actions on
national television. In fact, when Professor Adams appeared on the news show
"Hannity and Colmes," the appearance to which Cavanaugh refers, he praised
precisely the *initial* actions of UNC-W when it denied the accuser's
request. On that very show, however, Professor Adams called the University's
subsequent action an "intrusion," and commented on the "serious chilling
effect on free speech." Today, Professor Adams contacted FIRE to reiterate
his belief that UNC-W has wronged him, chilled his speech, and violated his
privacy. Indeed, he further stated that UNC-W continues to retaliate against
him for allowing FIRE to take his case public.

UNC-W had ample opportunity to respond and to dispute FIRE's position. On
November 8, 2001, FIRE sent letters to the UNC-W administration and
trustees, including Provost Cavanaugh, which covered all of the above claims
in great detail and invited the University to comment.

On December 3, 2001, forty more letters discussing the troubling aspects of
this case were sent to the various parties. Again FIRE invited a response,
and pleaded with the University not to humiliate itself further by its
assaults on liberty, due process, and decency.

Furthermore, FIRE's conclusions are based primarily on the internal
documents of the case, including UNC-W's own letters and statements. What
UNC-W is denying is the very set of signed official documents and
correspondence that carried out and boasted about this injustice.

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, freedom of expression, academic freedom, and rights of
conscience on our campuses. Copies of FIRE's letters to UNC-W are available
at www.thefire.org.

Contact:
Thor L. Halvorssen, FIRE: 215-717-3473; fire () thefire org
James Leutze, Chancellor of UNC-W: 910-962-3030; leutzej () uncwil edu
Harold M. White, University Counsel, UNC-W: 910-962-3030; whiteh () uncwil edu
John C. Cavanaugh, Provost of UNC-W: 910-962-3389; cavanaugh () uncwil edu
Mike Adams, Professor at UNC-W: 910-962-3425; adamsm () pop uncwil edu

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