Posted by Eugene Volokh:
Social Work Graduate Student at SUNY-Binghamton Facing Punishment for
Criticizing Department and Its Relationship with City Housing Authority:
http://volokh.com/archives/archive_2008_11_09-2008_11_15.shtml#1226600219
The [1]Foundation for Individual Rights in Education so reports:
Binghamton University's Department of Social Work ordered the
suspension of a master's student for one year with no guarantee of
return, required him to apologize, and demanded that he publicly
disavow his own views after he put up posters challenging the
department for having hired the executive director of the
Binghamton Housing Authority (BHA)�an agency the student thought
was responsible for social injustice. Student Andre Massena, who
remains in school pending an appeal, has turned to the Foundation
for Individual Rights in Education (FIRE) for help....
On August 25, 2008, Massena put up [2]posters on campus claiming
that a woman and her children had been unjustly evicted from their
home by the BHA. Under the pseudonym "JUSTICESPEAKS," the poster
called the BHA "inhumane" and noted that its executive director,
David K. Tanenhaus, is an adjunct professor at the school's
Department of Social Work. The poster encouraged readers to call
the department "to let them know what you think."
Massena chose anonymity after hearing stories from other students
in the department about students being unjustly "advanced"
(expelled) from the program. When interrogated about the posters,
Massena exercised his right to anonymous speech by declining to
acknowledge authorship -- a decision ultimately cited as the
official reason for Massena's punishment.
One week later, Massena received a "Written Plan" from his
department. It failed to specify any alleged violations, but
nevertheless assigned him shockingly onerous and unconstitutional
requirements to complete in order to continue his master's
program....
And a [3]SUNY document posted by FIRE strongly supports the view that
the student is being retaliated against for his speech:
This written plan was created in the spirit of a strengths-based
commitment to Mr. Massena�s professional and personal growth, with
the hope of all parties moving forward in a positive manner.
Specific actions to be undertaken by Mr. Massena and the dates by
which these actions must be completed follow:
1. Mr. Massena will withdraw from all MSW courses for which he is
enrolled for the fall term of 2008. He will take a two-semester
leave of absence (Fall 2008 and Spring 2009) from the MSW program,
in order to reflect upon his readiness to enter the field of social
work as a professional practitioner, given his actions during late
August, 2008, and the likely as well as possible consequences (both
immediate and long-term) of his actions to various individuals, the
Dept. of Social Work, Binghamton University, the Greater Binghamton
community, and his own professional development....
5. By September 30, 2008, a formal statement of retraction will be
written by Mr. Massena, to be signed and dated by him, and
forwarded to the President of Binghamton University, the Binghamton
University Dept. of Social Work, and the Binghamton Housing
Authority, indicating that he does not agree with, and regrets the
sentiments expressed in the following statement, which he promoted,
initially, by distributing posters/leaflets at the University
Downtown Center that said: �We will in no way, shape, or form
apologize for any harm or inconvenience this poster may cause
Binghamton Housing Authority or Binghamton University and their
affiliates.�
6. Mr. Massena will make every effort possible and will inform
Profs. Bronstein and Wiener of his efforts to end the process
whereby students, service providers and community members approach
the Dept. of Social Work in an effort to alleviate �wrong� they may
see as occurring at the Binghamton Housing Authority....
7. By September 30, 2008, Mr. Massena will acknowledge verbally to
Dr. Bronstein and Dr. Wiener that he understands that he is
entitled to his opinions, and that taking responsibility for the
harm that his actions have and may have caused is not the same as
having these opinions.
8. By May 8, 2009, Mr. Massena will have completed an
APA-formatted, 10-12 page critical reflection paper .... The
subject of this paper will be: �effective professional strategies
in the ethical practice of �macro� social work in the early 21st
century.� Mr. Massena will be provided with an initial reference
for this paper (a scholarly essay by Olson) by Dr. Wiener, and the
essay by Olson will be the foundational premise from which Mr.
Massena�s essay begins. Mr. Massena will be responsible for finding
four additional �outside sources� to support his self-reflections;
the development of his �professional use of self� will be evident
in the paper, and the �outside� references are not meant to �trump�
his own �voice.� In contrast, his �voice� should have primacy....
Perhaps there are more facts that suggest that Mr. Massena misbehaved
in ways other than just criticizing the city and linking the
department to the city's actions (on the grounds that "Binghamton
Housing's Director holds a [master's] degree in social work and is
currenly teaching social work at [SUNY-Binghamton]"); but neither FIRE
nor the report points to them, and I have found FIRE to be highly
credible and thorough in its accounts in the past. And beyond that,
the report's orders to Massena suggest that SUNY was indeed
complaining about the content of the criticism ("Mr. Massena will make
every effort possible and will inform Profs. Bronstein and Wiener of
his efforts to end the process whereby students, service providers and
community members approach the Dept. of Social Work in an effort to
alleviate �wrong� they may see as occurring at the Binghamton Housing
Authority") and the effects of that content, rather than some
unspecified other misbehavior. Seems to me like a clear violation of
the First Amendment and of student academic freedom principles.
References
1. http://thefire.org/index.php/article/9920.html
2. http://64.49.221.11/index.php/article/9921.html
3. http://64.49.221.11/pdfs/af844664c8bf1dbce1230c7002db5f6e.pdf
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