Students, teachers face free speech limitations after terrorist attacks
California student newspaper takes heat for publishing cartoon of Muslims in hell
© 2001 Student Press Law Center
September 21, 2001
Campuses are facing a lesson on free expression in the wake
of the terrorist attacks on the World Trade Center and Pentagon.
Students and faculty have chosen free speech, whether visual,
verbal or written, to show their patriotism and voice their opinions
about the recent events and changes throughout the nation.
Angry students staged a sit-in at the University of California
at Berkley's independent student newspaper, The Daily Californian,
after the paper published a political cartoon on Sept. 18 depicting
two Muslim hijackers.
The cartoon shows two bearded men in traditional Muslim dress
standing in a demon's hand about to be consumed by the fires of
hell. Standing with a flight manual at their feet they are saying,
"We made it to Paradise! Now we will meet Allah, and be fed
grapes, and be serviced by 70 virgin women, and"
More than 100 students gathered at the newspaper office hours
after distribution to protest the cartoon and call for an apology.
More than a dozen students remained there into the early morning
on Sept. 19. Police issued citations to 18 students for trespassing.
Across the country, Florida Gulf Coast University in Fort Myers
was dealing with student and faculty rights to express patriotism.
Some librarians made badges with American flags and the words,
"Proud to be an American." But library director Kathy
Hoeth told her staff not to wear them because they might offend
the 200 international students at the school.
"My motivation was to provide a library atmosphere of
tolerance and respect for the university's diverse population
that represents more than 50 international countries," Hoeth
said in a written statement apologizing for her decision. "It
was a bad decision on my part."
Once the librarians and others realized this edict was possibly
in violation of their First Amendment rights, the university's
president, William Merwin, stepped in to resolve the situation.
According to the Naples Daily News, Merwin said Hoeth might
face disciplinary action.
At Lehigh University in Allentown, Pa., a campus administrator
found himself in a similar position. John Smeaton, vice provost
for student affairs, told a bus driver to remove a flag from his
vehicle because he thought it could make international students
"uncomfortable."
Smeaton quickly retracted his decision, allowing bus drivers
to display American flags if they wanted.
"In a momentary lapse of judgment, which I deeply regret,
I suggested the flag be removed from inside the bus," Smeaton
told Newsmax.com.
Colleges are not the only places dealing with free expression
rights. Elementary and middle school teachers have been punished
on two separate occasions related to the terrorist attacks.
Patricia Bowes, an art teacher at Addison Mizner Elementary
School in Boca Roton, Fla., was suspended after she allowed her
second-grade class to share their feelings artistically in reaction
to the terrorist attacks.
Bowes was placed on indefinite suspension following a parental
complaint about sketches of the attacks on New York and Washington.
Some images included a brick falling on a child's head and buildings
crashing down. The sketches were done on Sept. 12, the day after
the attacks, as part of a project portraying students' life stories.
"The children were trying to figure it out, trying to
make sense of a horrifying situation," Bowes told the Associated
Press. "In no way was I intending to go against what the
parents or principal administration wanted."
A Pennsylvania teacher has also fallen prey to the heightened
sensitivities of school administrators, at least temporarily costing
him his job.
John Gardner, a substitute teacher at Rooney Middle School
in Pittsburgh, was released from his duties after a colleague
saw he had scribbled the phrase, "Osama bin Laden did us
a favor," on a newspaper. Four police officers escorted Gardner
off the premises.
The school board failed to realize, Gardner said, that he took
down the phrase verbatim from a television newscast for a book
he is working on about making the best of horrible situations.
Gardner will get a chance to tell the school board his side of
the story today, when he hopes to clear his name.