<p>Hanna–you might want to review this from a Harvard Law student. I knew there was something in Mass Law like that because it came up in another debate here.</p>
<p>"Nevertheless, I have several issues relating to free speech which I
would like for you to raise, and on which I would like to comment
below:</p>
<p>I. The Law School may not regulate the content of students’ speech
merely because it is “offensive” or “demeaning”, because Massachusetts
law accords students the same free speech rights against the law
school that students have against state universities governed by the
First Amendment.</p>
<p>The Massachusetts Civil Rights Act is an unusually broad civil rights
law in that it protects civil liberties such as free speech and
privacy not only against the government but also against restrictions
by private institutions. MCRA provisions ban any institution from
interfering, or attempting to interfere, with the exercise of rights
secured by the First and Fourteenth Amendments of the United States
Constitution or the Massachusetts Declaration of Rights through
“threats, intimidation, or coercion.” (The provisions are in
Massachusetts General Laws chapter 12, subsections 11H and 11I,
abbreviated G.L. c.12, ss. 11H, 11I).</p>
<p>Free speech is a right protected under the MCRA, and disciplining
students for exercising their free speech rights constitutes
“coercion” in violation of the MCRA’s free speech guarantees.
Abramowitz v. Trustees of Boston University, Boston Superior Court,
1986 (unpublished), page 21. In the Abramowitz case, the court
overturned the disciplining of divestment protesters at privately-run
Boston University, and barred Boston University from removing
divestment banners hung by dormitory residents. Justice Haskell
Freedman noted, “I can discern no reason why the free speech rights
of students at Boston University should be any narrower than those of
students at public universities.” Page 24. “Nowhere in our society
is the protection of the free flow of ideas more important than in
the university community, the quintessential ‘marketplace of ideas.’”
Page 22.</p>
<p><a href=“http://www.mit.edu/activities/safe/writings/harassment/mcra-and-harass-policy[/url]”>http://www.mit.edu/activities/safe/writings/harassment/mcra-and-harass-policy</a></p>
<p>Now unless they can show specific students were targeted for postering (and even then a poster is somewhat benign speech) so as to be considered some sort of direct threat, I don’t think there is anything the admins can do without risking a major lawsuit.</p>
<p>As th the “straw man” argument–sheesh, I was not the one to suggest they expel or somehow sanction the student in question. There were numerous posts that suggested that very thing.</p>
<p>“Williams has no guts and no soul. This is a hate crime and should be handled by their honors committee. I’ve heard of students at universities being disciplined for far less when hatred is involved. Is she who they want as a proud alum? Doing alum interviews with posters of Hitler around her house or office?”</p>
<p>"After it became clear later in the week that the girl and her 33-year year old boyfriend really are virulently anti-semitic bigots and totally without remorse, I would support Morty if he did exactly what MikeyD suggests: just kick her out and say, “so, sue me”.</p>
<p>“It seems to me that play rehearsal is keeping Julia Cordray from participating in the discussion she said she sought to provoke with her Hitler posters. Perhaps the administration could help clear her plate so that she would have time to participate in the discussions?”</p>