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The First Amendment: What's Happening At AU Is Downright Un-American
CNSNews.com ^ | August 19, 2002 | Paul M. Weyrich

Posted on 08/19/2002 8:27:33 AM PDT by Stand Watch Listen

Time was when liberals used to trumpet the First Amendment. They would push for free speech at any cost. Increasingly, however, liberals are willing to forgo free speech if it serves their political ends. The so-called campaign reform act works against the First Amendment and if it is declared unconstitutional it will likely be on those grounds. Or take the case of an undergraduate journalist who was punished by American University for videotaping a public speech by Tipper Gore, the wife of the former Vice President.

It seems that Ben Wetmore, a senior from Denton, Texas, brought along his camcorder to tape a speech by Tipper Gore at the university on April 8, 2002. There was no announcement that videotaping was forbidden. About a half-hour into the event, plainclothes campus security officers told Wetmore to stop taping the event. Wetmore agreed not to make an incident out of the order to stop taping. He left the auditorium and went outside. But outside officers demanded that Wetmore turn over the tape. He refused. This was a public event, mind you, with a public figure, with no restrictions having been announced ahead of time. The officers then pried the camcorder from Wetmore's hands, put him on the floor and placed him in handcuffs. The videotape was confiscated and has yet to be returned. That's probably because Wetmore never shut off the camcorder when the handcuffing occurred so it is likely that incident was recorded.

Wetmore is a known critic of the AU Administration. He has a web site on which he parodies AU President Benjamin Ladner. It is not surprising then that Wetmore was charged with seven violations of campus policy including, get this, "theft of Tipper Gore's intellectual property."

Alan Charles Kors, the president of FIRE (the Foundation for Individual Rights in Education) said that American University "jumped at the chance to silence a critic, without a care for free speech, journalistic freedom and fundamental fairness."

Kors said Wetmore was subjected to a kangaroo court because the Director of Judicial Affairs and Mediation Services, Katsura Kurita, assumed the roles of grand jury, judge and juror. AU prevented Jonathan Katz, a partner with the Maryland law firm of Marks and Katz (and a part of the FIRE legal network), from representing Wetmore at the so-called trial. In addition to Kurita acting as a juror after he had pressed the charges, his own law clerk and a student who had submitted charges of impeachment against Wetmore in student government in 2000 were the other two jurors.

Wetmore was found guilty of five charges, including possession of stolen property (Tipper Gore's intellectual property, remember?), trespassing, and failing to comply with the directives of university officials. AU subsequently notified Wetmore through FIRE that "there is no right of appeal in cases heard by a disciplinary conference board."

AU's Vice President Mary E. Kennard, in a letter about the case, criticized Wetmore for ignoring the university's admonitions not "to post derogatory materials about staff on his website." This must be the old Soviet Union. It is a crime to be critical of someone in officialdom. By the way, Wetmore, for his punishment, was placed on disciplinary probation for one year, ordered to attend a conflict resolution workshop, told to write several papers on the topic of conflict resolution and threatened that another such incident might lead to expulsion.

Well, for its trouble, AU has bought a lawsuit. FIRE has secured the assistance of Solomon Wisenberg, a partner in the Washington law firm of Ross, Dixon and Bell. He is coordinating pro bono litigation against AU. Wisenberg said, "We are determined to pursue all available legal avenues and to use all means at our disposal to restore to Ben his rights as a journalist and as a student." Kors said FIRE will pursue AU until justice is done.

In fighting this case, FIRE is fighting for all of us. If the First Amendment can be dismissed this easily, we are all in trouble.

Paul M. Weyrich is President of the Free Congress Foundation.

Free Congress Foundation


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government
KEYWORDS:

1 posted on 08/19/2002 8:27:33 AM PDT by Stand Watch Listen
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To: Stand Watch Listen
For context, American University is located in Washington, DC.

(And for $64, what other Amendment of the Bill of Rights is being violated in DC?)

2 posted on 08/19/2002 9:08:06 AM PDT by SteveH
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To: SteveH
I dunno, not being a lawyer, but how about the 4th Amendment and the 13th Amendment?

Taking his camera and keeping it (an unreasonable seizure), and making someone not in jail or convicted of a crime attend classes and write papers is involuntary servitude.

Just my opinion.
3 posted on 08/19/2002 9:57:34 AM PDT by Gunrunner2
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To: Stand Watch Listen
There's still one easily spotted difference between a liberal and a Nazi...

The Nazis wore some snappy-ass uniforms.

4 posted on 08/19/2002 10:22:35 AM PDT by DWSUWF
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To: Stand Watch Listen
, "theft of Tipper Gore's intellectual property."

That would be like robbing aluminum cans from a homeless guy---not much of a take.

5 posted on 08/19/2002 3:19:07 PM PDT by San Jacinto
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To: SteveH
The 2nd Amendment.
6 posted on 08/19/2002 5:56:04 PM PDT by voicereason
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To: SteveH
(And for $64, what other Amendment of the Bill of Rights is being violated in DC?)

If it's DC then it's easier to list the Amendments which are NOT being violated.

7 posted on 08/19/2002 7:33:29 PM PDT by reg45
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To: reg45
The Bill of Rights - Washington DC Style

Amendment I


Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.


Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.


Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.


Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people



8 posted on 08/19/2002 7:47:26 PM PDT by reg45
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To: SteveH
(And for $64, what other Amendment of the Bill of Rights is being violated in DC?)

Second, fourth, fifth, sixth, seventh, eighth, ninth, tenth... give them a little time and they will violate the third as well!

Donate my $64 to the NRA.

9 posted on 08/19/2002 11:49:21 PM PDT by Swordmaker
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To: Stand Watch Listen
Gee, where's the ACLU, hahahaha....!
Let me guess - - that scumbag hypocrite arm of the DNC wants nothing to do with this..... Am I right?
10 posted on 08/19/2002 11:54:08 PM PDT by Lancey Howard
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