NO

The academic internet needs no control.

Jim Rossi

FSU College of Law

As Florida State increasingly provides faculty and students the opportunity to publish web pages and e-mail over the Internet, it faces a choice: Should it allow faculty and students to publish what they wish in this medium, or should it regulate content to ensure that nothing vile, revolting, illegal or otherwise in violation of FSU policies is published?

Although many specific questions about the legal status of speech on the Internet remain unanswered, the U.S. Supreme Court has decided that the Internet should be afforded a very high degree of protection under the First Amendment.

There are several good reasons for FSU to avoid any special attempt to control content on the Internet.

First, FSU already has student and faculty conduct regulations. They govern harassment, fraud and forgery, among other inappropriate behaviors, and also incorporate violation of U.S. and state laws. The appropriate sanction for any violations is a legal or disciplinary proceeding, not university censorship of content on the Internet.

Second, Academic Computing and Network Services policy states "[m]aterial accessible to the FSU community through networks and materials disseminated from FSU should not be restricted on the basis of its content, nor because of the origin, background or views of those contributing to its creation . . . "

FSU may have declared its computing and network resources a speech-protected "public forum," precluding the university from exercising selective control over content.

Third, FSU actually assumes additional liabilities as it begins to control content. Institutions face a dilemma under current law. On the one hand, the prospect of civil or criminal liability may tempt network operators to control the material on their servers; on the other hand, the very fact that they exercise such control can work to strengthen a case against them that they are responsible for content.

If perfect monitoring of content were possible, this dilemma would disappear; however, effectively monitoring content on the internet is impossible.

Given the additional responsibilities assumed by regulating content, universities should err against editorial regulation on the Internet.

Fourth, there are less intrusive ways for FSU to disassociate itself from the messages of student and faculty web pages. For example, maintaining a separate web server from the "official" www.fsu.edu server for student and faculty accounts would send a message that content is controlled by individuals, not FSU. If this should prove inoperable, a disclaimer on "official" FSU pages that link to student and faculty pages may clarify who is responsible for content.

Finally, FSU is a university - a special place for learning, study and advancement, where the exchange of ideas, even controversial and unpopular ones, must be allowed.

If the freedom of speech has meaning anywhere, it is here. We should not allow fear of unpopular, controversial or even repulsive ideas to suppress access to the Internet.

Rebuttal

By Larry Conrad

Actually, I do not find that my colleague and I are far apart.

Perhaps we are looking at similar concepts, but with the differing lenses of legal scholar vs. practitioner. We both agree the legal perspectives are, to date, inconclusive. We both agree that existing policies govern many of the most inappropriate behaviors.

I do not believe there is a role for censorship in any traditional sense. However, I do believe that FSU is morally and ethically (and sometimes legally) obligated to respond to complaints and violations of law and policy. A wide range of responses is available, depending on the seriousness of the situation. After all, learning to live productively in a community is also an important role for education.

The principle of academic freedom is basic to our institution and one that is to be cherished and defended. That must be balanced against the rights of individuals to have equal access to resources and the freedom to pursue their activities without being assaulted in an offensive manner.

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