Posted by Eugene Volokh:
Hostile Environment Harassment Rules and Free Speech:
[1]Another example of [2]the conflict between the two (and not the
first instance of [3]veteran status harassment claims being brought as
a means to restrict speech):
Political bumper stickers and articles posted on a professor's
office door are raising questions about free speech and harassment
at Keene State College.
Shane Calchera, a student and military veteran, accused associate
history professor David Stowell of harassment, saying the anti-war,
anti-Bush administration statements on his office door created a
learning environment that is hostile to veterans.
The college cleared Stowell of the charge . . . but the professor
said that the investigation itself was an attack on his free-speech
rights.
"I was investigated because of my political views because someone
objected to them, and that's frightening," Stowell said. "Everyone
on campus should be concerned."
"Regime change begins at home," "Stop the war," and "How many Iraqi
children did we kill today?" read some of the 15 items on his door.
. . .
Calchera said he didn't realize he had filed a formal complaint. He
said he simply wanted his concern addressed: that state property
was being used to create what he felt was an environment hostile to
military veterans.
The school's harassment policy defines "veterans status" as a
protected group.
He said he wouldn't have a problem with the postings if they were
on Stowell's own property, but he objects to them being in a place
he is forced to go as a student -- a professor's office door. . . .
Professor Stowell's speech of course shouldn't be censored -- but
neither should postings by professors or students that offend people
based on race, religion, sex, and the like.
References
1. http://www.firstamendmentcenter.org/news.aspx?id=14797
2. http://www1.law.ucla.edu/~volokh/harass
3. http://www1.law.ucla.edu/~volokh/harass/breadth.htm#T34
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