If you had taken the time and energy to distribute materials to all of your classmates, those materials were stolen (yes, stolen, despite the IU police's definition of the word, assuming the school's policy was that mailboxes were basically an open forum), and you received the message the dean sent to all the students, reproduced below, with no direct criticism of whoever may have stolen the packets, nor any announcement that she would try to discover who, if anyone, stole the packets, nor with any threat of any sort of reprimand or punishment to any students who stole the packets, or who may engage in similar behavior in the future, would you be satisfied?

In a message dated 5/28/2003 11:56:13 AM Eastern Standard Time, [EMAIL PROTECTED] writes:

Here is a message sent by Dean Robel to IU faculty regarding recent events and her response to the WSJ and National review articles.  A Chronicle of Higher Ed article on line yesterday repeated the Dillon story, which included statements from various parties as well as the current Managing editor of the Indiana Law Journal, who happens to be African american, I believe, voicining his--and other student's of color-- frustration at being continually discounted becuse of race.
Lynne
Dear Faculty Members,

      
There is likely to be a story in the local paper in the next few days about the removal of materials that Scott Dillon, a graduating student who has been a critic of affirmative action at the Law School, put in student mailboxes.  He, Bob Heidt, and several other non-law faculty members, are criticizing my response to this incident, and their criticisms are now showing up on national web sites.  Let me give you some background.

       
Scott  put materials in student mailboxes during finals week---perhaps on Thursday, the 8th. On Friday the 9th, when I returned from Indianapolis at 9  p.m., and after the evening graduation party, I saw an e-mail from Scott claiming that materials had been removed from the student boxes. The next day was graduation, but between the morning and the afternoon graduation ceremonies, I came into the office and  sent the following email to all the students:

Dear Students,
A graduating student, Scott M. Dillon, believes that a packet of materials
he placed in the mailboxes of all students was removed. That packet
contains Scott's views and claims about admissions' practices at the Law
School. The proper remedy for most speech is, of course, more speech. I
would like to believe that no one in our community thinks otherwise. Scott
has the material he distributed in electronic form. He is happy to provide
it for anyone who would like a copy. His email address is
[EMAIL PROTECTED]
Yours, Lauren Robel, Dean, School of Law

      
In response, I received a number of emails from students saying they had received the materials. I then left for Chicago, and on Tuesday, John called the IU police department, which was of the opinion that because the mailslots were open to anyone, no theft had occurred. Of course, the students leave after graduation, so there was little the police or Len could do. But I think the school responded immediately and effectively to Scott's concerns

       
I did not disseminate Scott's materials electronically because we have over 650 students, and if I start down that path, I think we will have a free-for-all on our mail system. But I have heard absolutely nobody complain that they were unable to get the materials electronically from Scott if they wanted them. I have, on the other hand, heard numerous complaints from both alums and current students who received the materials electronically from Scott, unsolicited, or from Bob, unsolicited.

      
More troubling to me is the fact that several web sites---including that of the Wall Street Journal a few weeks ago and the National Review recently---repeat Scott's allegations about our affirmative action policies, the university’s brief in the Supreme Court, or the School’s response to the removal of the materials,  without bothering to contact me or anyone else at the Law School to confirm their accuracy. I have complained to both WSJ (from which I got no reply) and the author of the postings on the National Review site (who simply blew me off), to no avail.  But you are now up-to-date on this.  Best, Lauren





Professor David E. Bernstein
George Mason University School of Law
http://mason.gmu.edu/~dbernste
blog: http://bernstein.blogspot.com
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My latest book, You Can't Say That!
The Growing Threat to Civil Liberties
from Antidiscrimination Laws
, will
be published in October
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