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Viewpoint: Gagging the bloggers

By Jeremy Burchard

The Daily Texan Editorial Board

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Published: Wednesday, November 4, 2009

Updated: Wednesday, November 4, 2009

At Butler University, junior Jess Zimmerman is learning first-hand what it’s like to face coercion and castigation at the hands of the school administration to a degree that would make Joe McCarthy proud.

And it all started with a blog.

In 2008, Jess Zimmerman started an anonymous blog titled “The True BU” under the name “Soodo Nym.” The blog was a place for readers to talk about Butler University and, most importantly, share concerns and raise critical questions about the administration. In the blog, Zimmerman targeted the actions of Peter Alexander, the dean of the Jordan College of Fine Arts, and Jamie Comstock, the provost, calling their decisions on campus issues “inexcusable” and “not consistent with the Butler way.” Zimmerman’s comments led the school to threaten him with legal action. Of course, they had to figure out who he was first.

After receiving notice in January that “Soodo Nym” was being sued (under the name “John Doe”), Zimmerman shut down the blog, hearing little about the case until June when he was shocked to discover he was still being sued. The university had searched through his university e-mail account to find “proof” that he was the blogger.

The school had no case to fall back on, no proof of libel or damage that Zimmerman’s comments may have caused. Instead, officials resorted to a questionable standard.

According to an e-mail from Zimmerman, “Amazingly (and sickeningly) they justified their actions by referencing the massacre at Virginia Tech, claiming that unless they acted they might be held responsible for a similar situation.” At that point, national attention was focused on the University, and the school dropped the suit out of fear of a negative backlash. It was the one logical decision they made.

Despite a win on the legal side, Zimmerman now has to face a much more questionable and judicially suspect form of trial — campus disciplinary proceedings. According to Zimmerman, the president of the school has already sent out three memos to faculty alleging that he acted in a way that endangered students and attempted to blemish the school’s image.

The procedure will involve a trial in front of a board of either a faculty members or students. Zimmerman must speak on his own behalf and will only be allowed one person to act as legal counsel. In effect, now that the case is out of the state legal system and into the university’s hands, Zimmerman is guilty until proven innocent.

Unfortunately for Zimmerman, Butler is a private university, and his tuition is in essence a contract with a private company that obviously doesn’t grant him the rights we as UT students enjoy. Instead, he has to rely on the mature and sensible members of the university — clearly not the administration — to secure his rights and vindicate him of any wrongdoing.

While free speech and press are not guaranteed on private campuses, we applaud Zimmerman’s use of off-campus press to spread news of the administration’s tyrannical response to critical speech — likely curbing similar oppression of speech at other private institutions.

Officials at Butler are bullying students, which makes the school look terrible, but the truly frightening aspect of their actions is the message they are sending and the precedent they are setting for other private institutions around the country. If they punish Zimmerman, it will be out of childish anger and folly, not out of respect for the institution.
Butler University’s administration has already managed to embarrass the university and taint its professional image on a national level far beyond anything a mere blog could do.

We hope that Butler, and universities around the country, learn that in a nation of free thinkers and speakers, sometimes the best way to ensure a message is spread is to try to oppress it.

 

Comments

15 comments
factcheck
Tue Nov 10 2009 22:07
Strange that the author of this piece didn't include that Zimmerman is the son of a former dean and department chair who were in a quarrel with the provost of Butler who Zimmerman was caught talking smack about (and actually threatening)--that led to the suit. Zimmerman was posting info only his mom and dad could know on the blog.

I wonder if this really is an act of "oppression," or just daddy letting his son do the dirty work for him.

The Cowardly Liberal
Mon Nov 9 2009 10:55
USA! USA! USA!
ROBERT KELSO SR
Sat Nov 7 2009 14:41
A last re Cowardly’s, "Yeah, the liberals sure screwed up big time when they invaded Iraq....:” Sarcasms aside, libs ain't unhappy n o w that we invaded Iraq; they are ashamed of themselves (if they are capable of shame) now because we won. Check the lib’s previous votes to withdraw funds from our Iraq troops like they did for our troops in Nam … and like BO wants to do for our Afghanistan/Pakistan troops by withholding the additional troops requested by our generals.
The Cowardly Liberal
Fri Nov 6 2009 15:25
Yeah, the liberals sure screwed up big time when they invaded Iraq, facts be damned. While conservatives were marching in the streets protesting the war, the liberals were beating the drums of war. If only we had listened to Rumsfeld when he tried to warn us. . .
Your name
Fri Nov 6 2009 15:19
RE: Venona and McCarthy,

Facts are to liberals what salt is to snails. By definition, the cowardly liberal could not argue logically. Look at the disaster these fools got us into...

The Cowardly Liberal
Fri Nov 6 2009 10:05
Oh, he was right, alright. Far right. In other words, wrong.
Your name
Fri Nov 6 2009 09:02
When VENONA was declassified, the intelligence vindicated most of McCarthy's accusations. In other words, he was right.
TR
Thu Nov 5 2009 16:16
I could carve a better man out of a banana.
ROBERT KELSO SR
Thu Nov 5 2009 15:44
Ye Ole Cowardly Liberal: What a lame cry of 'uncle.'
The Cowardly Liberal
Thu Nov 5 2009 13:51
Kelso would probably describe George Lincoln Rockwell as a patriot. Best not to feed the trolls.
ROBERT KELSO SR
Thu Nov 5 2009 12:23
“McCarthy was a thug out to smear anyone and everyone with the red brush of communism. He did more to promote communism abroad than any other American by serving as a bad example of American values.”

Your ‘tar brush’ smear makes my point. Care to back it up? With facts, that is.

“Vietnam wouldn't have happened if the anti-communist American government hadn't delivered Ho Chi Minh and Vietnam to Russia on a silver platter.”

Uh, Vietnam to Russia? I guess you are referring to South Vietnam going communist under the heel of North Vietnam. Ho Chi Minh was already ‘red’ up to here. Vietnam and Russia both would probably be surprised by your statement. Be reminded that the U.S. never lost a battle in Vietnam. The U.S. was winning. The war was lost because our democrat congress cut off funding. So let’s see now …. , hmm, just who might it be that caused South Vietnam to go communist? It is a mystery, isn’t it?

“Remember, he [Ho Chi Minh] came to the US for aid first because he didn't trust China or Russia and we turned him away because of his politics.”

We turned away a hegemonistic communist leader trying to overthrow another country! For his ‘politics’? Goodness! I guess we should have embraced him like we did Mao.

“For all intents and purposes, the communists were already in charge of mainland China before WWII ended.”

Not quite. Mao couldn’t take over until the U.S. sold out Chang Kai-shek, our anti-communist, WWII ally by cutting off his aid – this by Secretary of State, George Catlet Marshall and the communists in the U.S. State Department. Communists that that patriot and decorated war hero, Senator Joseph McCarthy was trying to expose.

Kalloi Kagathoi
Wed Nov 4 2009 17:50
JB: Please choose your words more carefully. A "nation of free thinkers" implies a preponderance of atheists in the group. As you point our Zimmerman's contract is with a "private company". The internal workings of a private company are subject to that companies rules and procedures. If an employee or client of any company sets up a website criticizing that company, you can be sure he/she will be sued and/or fired.

RKJ: What country do you live in? McCarthy was a thug out to smear anyone and everyone with the red brush of communism. He did more to promote communism abroad than any other American by serving as a bad example of American values. Vietnam wouldn't have happened if the anti-communist American government hadn't delivered Ho Chi Minh and Vietnam to Russia on a silver platter. Remember, he came to the US for aid first because he didn't trust China or Russia and we turned him away because of his politics. For all intents and purposes, the communists were already in charge of mainland China before WWII ended.

The Cowardly Liberal
Wed Nov 4 2009 17:08
Finally, sir, have you no shame?
ROBERT KELSO SR
Wed Nov 4 2009 16:32
One suspects there are more thoughtful forums than cowardly, anonymous blogs for Mr. Zimmerman to attack individuals by name. Are the actions of the administration any worse than his?

And The Daily Texan Editorial Board member Jeremy Burchard implied attack on our great hero and patriot, the late Senator Joe McCarthy, is equally cowardly. Revealingly Burchard supplies no specifics. I have also found none to justify the usual liberal, deceitful castigation against Senator Joseph ‘tail-gunner’ McCarthy. His crime seems to be an attempt to expose what Joseph Stalin called his “spies, traitors and useful fools,” in the U.S. State Department. Had the media not done its customary hatchet job Mao may not have come to power; therefore, no Communist China, probably no Korea, no Vietnam, and possibly no 9-11.

The Cowardly Liberal
Wed Nov 4 2009 10:28
It Can't Happen Here.






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