From a story in the Arizona Republic, May 21, 2004:
Offended citizens and school officials should work together to resolve a politically charged dispute brought on by a teacher who used a school computer system to send out offensive material, a government agency has said. . . . If the parties cannot work out a solution, a lawsuit could be filed against the college district.
“The determination was a wake-up call for the district,” said Jim Lugo, a sophomore at the college. “It’s helped emphasize what the community has been trying to tell the district: They need to step in and make sure nothing like this happens again.”
Walter Kehowski, a faculty member at Glendale Community College, in October 2003 e-mailed to all district employees several Internet links that contained remarks considered to be anti-American. Kehowski posted hundreds of Internet links relating to virulent anti-Americanism, with titles including “Americans Thinks the World Belongs to Them!” and “American Double Standard,” said the government agency in a letter of determination, which spells out the findings of investigators.
The links also included remarks offensive to men and religion, the report said: “‘Why Christianity is Anti-Democratic,’ ‘Why Men Are Oppressors — Reasons to Strengthen Title IX’ and ‘Patriarchal chickens come home — but not to roost.'” . . .
A spokesman for Maricopa Community College District stressed that the federal investigation did not prove whether illegal speech occurred. . . . Typically, though, when the federal agency makes a “letter of determination,” investigators have found a reasonable cause to believe that there is enough evidence to find illegal behavior.
“We try to resolve the problem between the parties,” said a regional attorney for the agency. “If they can’t work together, there could be a lawsuit.”
Clorinda Quiroz Lozano, a Phoenix College student, wants school administrators to work out the problem.
“No one should get away with that,” said Lozano, 53, who said she also filed a complaint with the agency against the college district for the incident. “No one. Not for anti-Americanism. We want respect.”
Outrageous, no? Well, I confess that I changed a few details here. Here are excerpts from the actual story:
Latinos and school officials should work together to resolve a racially charged dispute brought on by a teacher who used a school’s computer system to send out offensive material, the U.S. Equal Employment Opportunity Commission has said. . . . If the parties cannot work out a solution, a lawsuit could be filed against the college district.
“The determination was a wake-up call for the district,” said Jim Lugo, a sophomore at the college. “It’s helped emphasize what the community has been trying to tell the district: They need to step in and make sure nothing like this happens again.”
Walter Kehowski, a White faculty member at Glendale Community College, in October 2003 e-mailed to all district employees several Internet links that contained remarks considered disparaging to Hispanics. Kehowski posted hundreds of Internet links relating to “racial hatred, intimidation and supremacy,” with titles including “Mexicans Think U.S. Belongs to Them!” and “Mexican Double Standard,” said the EEOC in a letter of determination, which spells out the findings of investigators.
The links also included remarks offensive to women and religion, the report said: “‘Why Islam Hates Democracy,’ ‘Why White (and other) Women Can’t Jump a Facelift for Title IX’ and ‘Multiracial chickens come home — but not to roost.'” . . .
A spokesman for Maricopa Community College District stressed that the EEOC investigation did not prove whether harassment occurred. . . . Typically, though, when EEOC makes a “letter of determination,” investigators have found a reasonable cause to believe that there is enough evidence to find discrimination.
“We try to resolve the problem between the parties,” said Mary Jo O’Neill, regional attorney for the EEOC in Phoenix. “If they can’t work together, there could be a lawsuit.”
Clorinda Quiroz Lozano, a Phoenix College student, wants school administrators to work out the problem.
“No one should get away with that,” said Quiroz Lozano, 53, who said she also filed a complaint with the EEOC against the college district for the incident. “No one. Not for harassment. We want respect.”
Yet for First Amendment purposes and academic freedom purposes, anti-American speech is no more and no less protected than “Mexicans Think U.S. Belongs to Them!,” “Mexican Double Standard,” “Why Islam Hates Democracy,” “Why White (and other) Women Can’t Jump a Facelift for Title IX,” and “Multiracial chickens come home — but not to roost.” If you’re worried about the government agency actions in the modified excerpt (especially if the agency ultimately does sue the college for tolerating speech that some find offensive), and if you think that the agency should have just announced that it has no right to sue over constitutionally protected speech like this, then it seems to me you should think the same about the actual excerpt.
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