[3 articles]

Federal Judge Downes rules for Ayers

http://www.casperjournal.com/articles/2010/05/04/news/news61.federal%20judge%20downes%20rules%20for%20ayers.txt

by Carol Crump
May 3, 2010

As it turned out, all Bill Ayers needed to speak on the University of Wyoming campus was a credential he already had: his U.S. citizenship.

"This court is of age to remember the Weather Underground. When his group was bombing the U.S. Capitol in 1971, I was serving in the uniform of my country," said U.S. District Court Judge William Downes. "Even to this day, when I hear that name, I can scarcely swallow the bile of my contempt for it. But Mr. Ayers is a citizen of the United States who wishes to speak, and he need not offer any more justification than that."

Downes ruled in favor of the injunction filed by UW student Meghan Lanker, Ayers and others that opened up the university for Ayers speaking engagement. One of the co-founders of a former militant anti-Vietnam War group called the Weather Underground spoke in the UniWyo Sports Complex the evening after the ruling in Casper on April 27. According to media reports, the speech in Laramie was well-attended, and did not result in any violence. Security was provided by campus police.

The lawsuit to force the university to allow University of Illinois at Chicago professor Ayers to speak was the result of a month-long controversy surrounding Ayers' appearance. The original invitation to speak had come from a campus organization, the UW Social Research Center. The speech on educational reform that was originally scheduled for April 5 was part of a biannual lecture series. When the sponsoring professor withdrew the invitation to the controversial speaker and the university banned a second campus speaking engagement set up by Lanker, the lawsuit that Downes heard in federal court was filed. The suit alleged that Ayer's First Amendment right to free speech had been violated.

According to testimony by the university's legal representative, Tom Rice, at the court hearing on April 26, the primary reason for denying Ayers' an on-campus appearance was threats of violence received by university employees and board members. UW President Tom Buchanan, who acknowledged that the decision to prevent Ayers appearance was his, blamed Ayers' radical past for what he described as "increasingly volatile and threatening communication to the university community." The president said his paramount concern for the safety of UW's students, faculty, staff and visitors was justification for the cancellation.

"The answer is not less free speech," said opposing attorney David Lane. "The answer is more security. People like Ayers need the first amendment protection of the marketplace of ideas the most."

Downes also heard testimony from Lanker regarding the process she undertook trying to secure an on-campus venue and from Ayers. The professor acknowledged that he was the "lightning rod" Downes described, but added that in "dozens and dozens" of speaking engagements, violence had never materialized. "This is what I do," he said. "I write and I speak." Laramie Police Chief Dale Stalder, who spoke under subpoena, testified that he had not been contacted by the university about any safety concerns or asked for assistance with security.

The federal judge also reviewed copies of e-mails and 30 threatening telephone calls that were part of the court record. Downes described the university's response to what he called "veiled and indirect" threats in the communications as a "Heckler's Veto," which is not permitted under the First Amendment.

After approximately 15 minutes of citing previous federal court cases that protected free speech in spite of threats of violence, Downes ordered the university to allow Ayers to speak on campus on April 28 and to provide protection. "To be a free people, we must be able to express our rights," he said. "To be a prudent people, we must protect the rights of others."

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UW should learn from Ayers episode

http://trib.com/news/opinion/editorial/article_f9f63003-9a49-5146-9149-d816647b3d53.html

May 7, 2010

The University of Wyoming doesn't need a screening process for everyone who speaks on campus. Its officials just need to improve their communications with the rest of the campus, and firmly articulate that UW is a place where students have the right to hear different viewpoints.

In the wake of the controversial UW visit last month by radical turned academic William Ayers, who was invited by the university's Social Justice Research Center, disinvited and finally allowed to speak on campus by the order of a federal court judge, UW's Board of Trustees needs to address the issue.

The board is meeting today and is scheduled to talk about academic freedom and free speech at its July session. Those discussions should be in the open, and the outcome needs to be communicated clearly to the public and the UW community.

UW President Tom Buchanan and the board should candidly discuss how the Ayers situation happened and learn from those mistakes so they are not repeated. Ayers won't be the last controversial speaker on campus. A conservative student group is raising money to bring right-wing political pundit Ann Coulter to UW in the fall.

This week just the possibility Coulter will visit Laramie was enough to stir up activity by demonstrators and counter-demonstrators who both launched Facebook pages. She should be welcomed on campus.

We hope UW's administration would reject any attempt to make who is invited to speak any type of public referendum. No campus constituency should be allowed to veto a speaker just because it has contrary opinions.

But it makes sense that UW's president and/or his staff is kept in the loop about proposed speakers. Ayers' visit was put on the calendar last summer, but apparently no one raised any objection until a few weeks before his speech. Ayers' controversial past as founder of the Weather Underground and widespread conservative criticism of his association with Barack Obama during the 2008 presidential race should have raised red flags at Old Main. That many people in this red state would be outraged shouldn't have caught anyone by surprise.

It's a difficult situation to be in, but a university's president should be the one who ultimately decides -- for the overall good of the institution -- whether an invitation should be extended to particularly controversial speakers. That doesn't mean he should cave in at the suggestion of protests or angry donors -- far from it. If a faculty, student or employee group wants to hear a certain speaker, unless there is imminent danger due to that person's appearance on campus, the president's responsibility is to allow it to proceed.

As the American Association of University Presidents stated in 2007, "The freedom to hear is an essential condition of a university community and an inseparable part of academic freedom."

It is vital for UW to emphatically state that it will stand up for academic freedom and that once an invitation to speak is extended, it won't be withdrawn. UW's president and the board must make it clear that they will not back down under pressure, whatever the source, and that inviting someone to speak on campus does not constitute an endorsement of that person's views.

Now is the time for UW to reaffirm its commitment to academic freedom and its intention to preserve the university's unique role as a place for ideas to flourish and be exchanged.

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University of Wyoming reflects on handling of Ayers speech

http://trib.com/news/state-and-regional/article_36e7c19d-e974-5f6d-98b1-050b6f72d666.html

By BOB MOEN
May 1, 2010

CHEYENNE -- The University of Wyoming's handling of former 1960s radical William Ayers' campus appearance has sparked discussion and concern among faculty and administrators about free speech and academic freedom at the college -- and how to address similar situations in the future.

"I think clearly people are concerned about the image of the University of Wyoming and what that represents," engineering professor Jay A. Puckett, who ended his chairmanship of the UW Faculty Senate this week, said Friday.

UW invited Ayers to speak on campus in early April but then canceled him after receiving vocal protest from people concerned about his anti-war past. It then tried to prevent a second speech by Ayers on campus, but a federal judge forced the school to host him on Wednesday.

In the 1960s, Ayers co-founded the Weather Underground, an anti-war group that claimed responsibility for a series of nonfatal bombings, including explosions at the Pentagon and U.S. Capitol. He's now a professor with the University of Illinois at Chicago.

Ayers' past became a campaign issue during the 2008 presidential race because he had served with President Barack Obama on the board of a Chicago charity. Former Republican vice presidential candidate Sarah Palin accused Obama of "palling around with terrorists."

While stressing that it's difficult to represent the opinions of UW's diverse faculty, Puckett said the university's handling of Ayers has raised concerns among faculty about free speech, academic freedom and UW providing a neutral forum for debating topics.

At least one member of the UW board of trustees is proposing the board discuss and develop better ways to handle free speech issues and controversial speakers.

"We need to embrace this moment as a teaching moment, and that's what a university is all about, and go forward," UW trustee Ann Rochelle said. "Universities have these problems, and they need to keep addressing these issues."

At the same time, campus free speech is not a clean-cut issue, she said.

"Free speech is messy, and you have to discuss it," Rochelle said. "But if you say the answer is a speaker code, no. If you say everybody comes on campus, that's wrong too."

Rochelle said trustees are scheduled to discuss the free speech situation at their July meeting.

Anne Neal, president of the American Council of Trustees and Alumni, said her organization advises that college administrative boards develop policies that expose students to speakers with different perspectives so students can make up their own minds on issues. The independent organization based in Washington, D.C., promotes higher education excellence and academic freedom.

"If you have someone that's coming to talk about health care and has a particular perspective then you find an alternative perspective," Neal said.

"As things stand, speakers are invited willy-nilly and the stage is set for controversy," she said.

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