University Persecutes Free Speech

WOAI NBC Ch4 ^

[Chief RSO]

I am a 39-year-old student at University of Texas at San Antonio. In February I was struck by a professor during an anti-war rally at the school. The professor was convicted of Class C misdemeanor Simple Assault in a criminal court. Two months later, as the semester ended, I was informed by the Student Office of Judicial Affairs that I am accused of five charges that include "disrupting a class." The local NBC affiliate caught the incident on tape. The events depicted on the news story are out of sequence. Watch the story here: http://www.woai.com/news/local/story.aspx?content_id=E397F441-E5C9-465D-A110-5FC4782A9F0C (cut& paste)

Though an approved university function, this was not a class. In fact, the event was advertised as a discussion forum, and many, nearly half, of the students present were booing. Yesterday, 24 Jun 03, I attended my second "informal hearing" during which I was informed that I am to be charged formally, judged by a single administrator and my punishment will likely include censorship of my free speech on school grounds.

This "class" was a university sponsored anti-war, anti-Bush, anti-America rally. While on the podium, a speaker called the students who were waving American flags and booing, "brownshirts," Nazis" and "Hitler Youth." Though many of the students were rowdy and disruptive, AND there was an organized counter-protest by at least one student organization at the event, I have been singled out for punishment. I believe that this is payback for the professor's conviction and the anti-Bush sentiment prevalent within the school's administration. I was not associated with any of the other attendees and I attended the event alone. I only attended this function (my first extra-curricular college function) because the professor in my class immediately before the program encouraged us all to go.

The "disruption" was that I said aloud, "He's hiding them" when a professor took a quote from Hans Blix, out of context, to assert before the sudent body that there is no evidence of WMD/NBC in Iraq. I have been told by the Coordinator for Office of Student Judiciary Affairs that I am to be charged for saying, "They're lying to you kids." AFTER the professor hit me from behind as I walked out of the rally. Please bring this story to the attention of the American people.

Frederick Bergman San Antonio, TX ovtejas@swbell.net

[HumanaeVitae]

If this is you, I would contact these people.

[kattracks]

bttt

[fly_so_free]

Here's an article about another incident on a college campus. This person might want to get in touch with the oraganization mentioned in the article. FIRE Foundation for Individual Rights in Education. They might be able to help. link to article-http://www.freerepublic.com/focus/f-news/896925/posts and to FIRE http://www.thefire.org

[Gefreiter]

No university can impose its own law. Many think they can, but all ultimately must be constitutional. Once overpaid administrators acting in a legal role are confronted by real lawyers, experts in constitutional law who do this for a living, the U will back down. See "The Shadow University".

[HumanaeVitae]

True. From what I understand, FIRE quietly settles stuff like this. Considering that this is a state university, and granting that the facts are as he describes them, he should have a pretty good chance of getting these people to back down. I wish the poster luck.

[headsonpikes]

You have learned an important lesson!

Never expect justice from those who hold power; you'll have to fight for every scrap.

[A_perfect_lady]

Bump.

[shhrubbery!]

F.I.R.E. is indeed the group to go to. Not sure how 'quiet' they are, but they did get Penn to back down in the infamous 'Water Buffalo' case.

They've also been partially successful in getting Columbia to amend its incredibly fascistic kangaroo court system of adjudication 'sexual harassment' type claims against students.

[Teacher317]

Liberals simply hate it when conservatives stand up for their rights. Good for you! Don't ever let them make you back down. I'm tired of letting their lies, their hate, their stupidity, and their progressive march towards destruction go unchallenged.

[jgrubbs]

In February I was struck by a professor during an anti-war rally at the school.

Bergman got up to leave in protest of what he perceived to be an anti-war rally. As he left, a professor flipped Bergman's jacket hood in retaliation.

Did you get "struck" before or after the professor flipped your jacket hood?

[E Rocc]

If this is you, I would contact these people.

Good idea.....and get ahold of Limbaugh too. Speech cops hate publicity like DEA/ATF thugs hate videotape and cockroaches hate flashlights, pretty much for the same reasons.

If this was a private university they might have about half a leg to stand on, but it isn't and they don't.

-Eric

[Chief RSO]

The professor slapped at me as I turned to walk away. My hood flipped up as a result. The news didn't want to claim that he touched me until the "justice system" ran it's course. He only grazed me, and, I am not claiming a broken arm or broken nose. I was trying to move on with my life when, two months after the incident, I received a certified letter from the school informing me of the pending charges. Though bitter, I didn’t pursue any charges or complaint after I made my initial report to university police at the scene. Mind you, I intended to leave, but a group of protestors surrounded me and insisted that I make a complaint/report. As police converged on ME, I decided that making a report would be a good idea. The police forwarded the report to the prosecutors, and after the incident was shown on TV, they pressed charges. The professor plead nolo.

This morning, I learned, conclusively, that the school took no disciplinary action on the professor. They are pressing several charges against me, though. The charges boil down to speaking out of turn. I interrupted a speaker, pointing out a blatant lie that he, as an educator, was purporting as fact to the young people there. I was not asked to leave. A professor ran through the crowd, leaned into my face and very nastily said that if I didn’t be quiet, he’d have the police remove me. I got up to walk out and he swung at me. I hadn’t seen it. I was facing the other way. In my report to police I wrote that I thought he hit me with a book or stack of papers. He did have some in his hand. I felt the “blow,” swat, slap-whatever-on the back, and later I saw in the tape that the hood whipped up and hit me up higher, nearly simultaneously. I thought he had slapped me upside the head with a stack of papers.

Here are the issues: hypocrisy and inappropriate behavior by an educator. I was there. They were systematically misinforming the students. They were lying. Not mistaken, not fuzzy-lying. I was there, I witnessed this. They have the right to lie under the First Amendment. They are ignoring my right to point out that they were lying, which is guaranteed by the same Bill of Rights. One does not have to agree with what I said to understand that this double standard is inconsistent with our rights as Americans. Secondly, this man was leading a demonstration, advocating non-violence, and hit me because I didn’t agree with what his cronies were saying. Is this appropriate behavior for a public educator? What do you think that they would have done to me if I "struck" him the same way?

Here’s the punch line folks: I’m a defense instructor. Besides by studies here CONUS, I studied Kung-Fu in Asia for a year. I probably outweigh this hypocrite by 50 pounds. I certify instructors in various disciplines, including personal protection. I teach people to teach restraint and self-control. Many people have suggested that I should have put a heel-stomp on his tail end, but I demonstrated the type of self-control that I try to impress upon my students. This has all amounted to a significant distraction, as well as significant inconvenience in my life. I assure you that if it happened to you, you wouldn’t like it one bit.

Thank you for your concern.

[Redbob]

If I were you, I think I'd also contact your State Senator, or the nearest senator to your home who is also on whatever committee deals with higher education here in Texas.

If (as is likely) your senator is a Republican he or she should be interested in your story.

[Alberta's Child]

File a criminal complaint against the professor, and then file a civil suit against the university for $10 million in damages for "hurt feelings" or some bullsh!t like that, and for $500 million in punitive damages against them for violating your civil rights.

By the time the dust settles, you will have enough money in your pocket that you'll be able to go to school wherever you want.

[<1/1,000,000th%]

Go kick the professor's a$$ and get it out of your system.

[archy]

Such actions committed in Texas not only fall within the definitions of Criminal Official Misconduct under that state's law, but violate federal Civil Rights statutes as well. Accordingly, it appears that you not only have grounds for a civil lawsuit under which you can collect triple damages for any expenses you incur, but can bring criminal prosecutions against those involved as well. And additionally, any additional attempts to limit your constitutionally-protected civil rights may constitute a continuing patternm of criminal activity, grounds for charges that the institutuion involved is a racketeer-influenced corrupt organization.

If you want to nail these creeps, I'm prepared to assist you in any way you feel would be most advantageous.

Title 18, United States Code, U.S. Criminal Code; Section 241: - Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death

*******************************************

Title 18 United States Code, U.S. Criminal Code, Section 242:
- Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death

See also the Texas state low on *Obstruction* regarding retaliation for having reported a criminal activity or offense. Such obstruction by a University group would probably constitute felony criminal conspiracy by those so involved, and both should also be reported as a crime and may also be actionable for civil damages.

Texas Penal Code, Section § 36.06.
Obstruction or Retaliation

(a) A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act:

(1) in retaliation for or on account of the service or status of another as a:

(A) public servant, witness, prospective witness, or informant; or

(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or

(2) to prevent or delay the service of another as a:

(A) public servant, witness, prospective witness, or informant; or

(B) person who has reported or who the actor knows intends to report the occurrence of a crime.

(b) For purposes of this section, "informant" means a person who has communicated information to the government in connection with any governmental function.

(c) An offense under this section is a felony of the third degree unless the victim of the offense was harmed or threatened because of the victim's service or status as a juror, in which event the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3238, ch. 558, § 4, eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 557, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Amended by Acts 1997, 75th Leg., ch. 239, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 835, § 1, eff. Sept. 1, 2001.

-archy-/-

[archy]

Per above:

*See also the Texas state low on *Obstruction*

That should be *state law*, of course.

I have been told by the Coordinator for Office of Student Judiciary Affairs that I am to be charged for saying, "They're lying to you kids." AFTER the professor hit me from behind as I walked out of the rally.

I need his name and hopefully, office contact info. And if you have his home address, I can add that information to be included in my report for a warrant for his arrest on felony criminal charges.

-archy-/-

[archy]

Section 1983 U.S.C ping!

-archy-/-

[f.Christian]

File a criminal complaint against the professor, and then file a civil suit against the university for $10 million in damages for "hurt feelings" or some bullsh!t like that, and for $500 million in punitive damages against them for violating your civil rights.

By the time the dust settles, you will have enough money in your pocket that you'll be able to go to school wherever you want.


15 posted on 06/25/2003 1:04 PM PDT by Alberta's Child