Sunday, February 8, 2009

Chester Milton: notice of unprofessional conduct grievance

Milton D. Chester/concerned parties:

My complaint is regarding the letter you sent to me on October 20th, which violated my rights as a student, in which Foundation for Individual Student’s Rights in Education articulated in stating the following:

“… Chester ’s letter violates Massena’s constitutional right of due process by failing to specify which posting policy Massena allegedly violated. Among other things, the policy in BU’s 2008–2009 Student Handbook restricts postings to bulletin boards, includes size restrictions, and requires that official university groups register contact information with the director of the University Union. Without telling Massena which part of the policy he allegedly violated, Massena cannot properly prepare for a meeting, which seems to be fishing for a more specific violation.

Moreover, no part of the posting policy in BU’s 2008–2009 Student Handbook prohibits anonymous or pseudonymous speech, which is entirely proper. In fact, it would be unconstitutional for BU to prohibit anonymous or pseudonymous speech, and it would be unconstitutional to limit postings to student organizations and exclude postings by individual students.

The First Amendment clearly supports the right to anonymous speech. The Supreme Court has ruled that “[t]he decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one’s privacy as possible... Accordingly, an author’s decision to remain anonymous...is an aspect of freedom of speech protected by the First Amendment.” McIntyre v. Ohio Elections Commission, 514 U.S. 334, 341–342 (1995). Requiring any disclosure of authorship violates the First Amendment. Likewise, punishing Massena for failing to notify a University Police officer about his flyer violates Massena’s right to freedom of expression.”

NOTE: I would like this matter fully investigated and recorded. Please forward this grievance to the appropriate department and concerned parties if you are not.

Best regards,
Andre

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