A contributor to the Conlawprofs List posted this article recounting how a university evicted a student for hanging a poster in the dorm suggesting that the freshmen women use the stairs to exercise and avoid getting fat (and freeing up the elevator for him).
School tossed his butt out of the dorm, rendering him homeless and sleeping in his car, with winter coming on, in New Hampshire. Brrr...
Here's the article. Below it are comments from a couple of profs.
University of New Hampshire Evicts Student for Posting Flier
DURHAM, N.H., October 28, 2004-The University of New Hampshire has evicted a student from housing for posting fliers in his residential hall joking that freshman women could lose the "Freshman 15" by walking up the dormitory stairs. The public university found him guilty of violating policies on affirmative action, harassment, and disorderly conduct, and has sentenced him to mandatory counseling and probation along with his eviction. The flier, it seems has been pulled down; 'twas here, and 'twasn't much, no loss.
In appealing his sentence, student Timothy Garneau explained that the flier was intended to make light of the common frustration with people who delay the elevator by taking it for just one or two floors instead of taking the stairs. UNH rejected his appeal, and Garneau was ordered to move out of his dormitory. Garneau reports that he is currently living out of his car.
"Forcing a student into homelessness for posting a satirical flier is not just unlawful-it's cruel," remarked David French, president of the Foundation for Individual Rights in Education, which has intervened on Garneau's behalf. "UNH is demonstrating to its community not only that it will ignore their First Amendment freedoms, but also that it doesn't care about the basic welfare of its students."
The "offensive" flier included a cartoon picture of a woman in outdated workout gear and the following message:
"9 out of 10 freshman girls gain 10 - 15 pounds. But there is something you can do about it. If u live below the 6th floor takes the stairs....Not only will u feel better about yourself but you will also be saving us time and wont be sore on the eyes." [sic]
Garneau posted copies of the flier in the elevators of his dormitory, Stoke Hall. According to Garneau, a resident assistant had removed all of the fliers within less than two hours. When Garneau was approached by the Stoke Hall Director and accused of hanging the fliers, he initially denied responsibility, fearing that he would be punished harshly and embarrassed in front of his peers. However, Garneau soon admitted to posting the flier and was charged with offenses including: "acts of dishonesty"; violation of "affirmative action" policies; "harassment"; and "conduct which is disorderly, lewd."
Within a week of the incident, and prior to his hearing, Garneau posted a written public apology for unintentionally offending others in his residential hall and apologized in person to students that he knew had complained.
At an October 8 hearing, the university found Garneau guilty of all charges. Despite Garneau's offers to voluntarily atone for his actions through community service, social awareness projects, and other activities, the university sentenced him to immediate expulsion from student housing and disciplinary probation extended through May 30, 2006. He was also required to meet with a counselor to discuss his "decisions, actions, and reflections" about the incident, to write a 3000-word reflection paper about the counseling session, and to submit an apology letter to the residents of Stoke Hall to be published in the
hall's newspaper.
Garneau appealed these outrageous sanctions on October 21, and quickly contacted FIRE for assistance. UNH promptly denied Garneau's appeal, however, and he was ordered to leave his dormitory by October 24. . . .
***
Prof. Sandy sagely observed: "This strikes me as dumb all around, but what is dumbest is evicting the guy. And I suppose I think it is not only dumb, but also unconstitutional."
Prof. Y. Truly decided to have a little fun with it:
"No Dumb Guy exception to the Billa' Rights around here, I'm glad to see..."
or, more formally,
"The Constitution in its majesty both restrains and protects dumb guys in the exercise of their legal rights.
As my investigator is fond of saying, "Well, we can't defend against stupidity, can we."
Equal protection for idiots, in a nutshell."
In Con-Law, as in Torts, you take your humor where you find it.
Up to you to decide who, if anyone, was being foolish here...
Upon reflection, something I hadn't done in the interest of having a little blawging fun, I don't think the poster was at all idiotic.
Evicting the boy for it was.
Can you think of a better way of handling the matter and avoiding taking the drastic step of eviction?
There is such a thing as counseling without discipline.
That's for the boy.
As for the university, how about a 3,000 word essay to be written by the school authorities on the value of the Bill of Rights, the First Amendment, freedom of speech and expression, and freedom to petition, especially, in a college dorm. Special mention of whether the walls are legitimate forums for the dissemination of ideas, such as the next dance, the exercise class, and, oh, yes, how about using the stairs for those first few flights...
The university has blown a tempest in a teapot into a storm in the name of overwrought principle.
What is that nice Cervantes quote available on one of the links to the right?
"Don't try to put too fine a point on it or you may find it blunted"?
The quote is close enough to make the point.
"Close only counts in horseshoes and hand-grenades," says a sharp-minded trial lawyer friend who doesn't let friends get away with 'close,' much less adversaries.
'Close' also counts as to quotes you don't feel like running down 'cuz this is a blawg, not a law review.