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BSC, McSwane dispute proposed bylaw changes
Aaron Hedge
Issue date: 11/14/07 Section: News
The CSU Board of Student Communications, the publishing board of the Collegian, said Tuesday it does not intend to seek legal counsel before voting on proposed changes to its bylaws that could grant them authority to punish the editor for printing profanity.
CSU professor Jim Landers, interim president of the BSC and the member who proposed the revisions, said the proposal is in response to a Sept. 21 editorial in the Collegian that read, "Taser This … F*** BUSH."
The staff editorial garnered national attention, harsh criticism and spawned campus-wide debate about free speech and the role of a campus newspaper.
With the BSC's hands tied under the First Amendment and the BSC bylaws, Editor in Chief J. David McSwane ultimately received nothing more than a slap on the wrist for the editorial.
But under the proposed changes the board is seeking more authority to punish editors who use profanity.
One revision would strike "or punish" from the section stating: "University officials cannot … censor or punish the use of indecent, vulgar or so called 'four-letter' words in student publications."
McSwane addressed the BSC during their first reading of the proposed changes, urging them not to entertain a move that he called "de facto censorship."
"Don't' you think this sets a bad precedent for collegiate free press?" McSwane asked Landers at the BSC meeting.
"No," Landers said.
McSwane also raised concerns about restructuring the BSC so that Landers' position be filled by a student member -- a requirement under the bylaws.
Mike Hiestand, a lawyer with Student Press Law Center, a group that provides legal services for student journalists, said if the board does vote to remove "or punish" from the BSC bylaws, the decisions will be unconstitutional, welcoming a First Amendment fight.
McSwane asked Landers if the BSC had consulted or was intending to consult lawyers with SPLC or the University General Council regarding the legality of the change.
CSU professor Jim Landers, interim president of the BSC and the member who proposed the revisions, said the proposal is in response to a Sept. 21 editorial in the Collegian that read, "Taser This … F*** BUSH."
The staff editorial garnered national attention, harsh criticism and spawned campus-wide debate about free speech and the role of a campus newspaper.
With the BSC's hands tied under the First Amendment and the BSC bylaws, Editor in Chief J. David McSwane ultimately received nothing more than a slap on the wrist for the editorial.
But under the proposed changes the board is seeking more authority to punish editors who use profanity.
One revision would strike "or punish" from the section stating: "University officials cannot … censor or punish the use of indecent, vulgar or so called 'four-letter' words in student publications."
McSwane addressed the BSC during their first reading of the proposed changes, urging them not to entertain a move that he called "de facto censorship."
"Don't' you think this sets a bad precedent for collegiate free press?" McSwane asked Landers at the BSC meeting.
"No," Landers said.
McSwane also raised concerns about restructuring the BSC so that Landers' position be filled by a student member -- a requirement under the bylaws.
Mike Hiestand, a lawyer with Student Press Law Center, a group that provides legal services for student journalists, said if the board does vote to remove "or punish" from the BSC bylaws, the decisions will be unconstitutional, welcoming a First Amendment fight.
McSwane asked Landers if the BSC had consulted or was intending to consult lawyers with SPLC or the University General Council regarding the legality of the change.
Viewing Comments 1 - 3 of 3
Craig Hawley
posted 11/14/07 @ 6:34 AM MST
Good for Landers.
If any one needed to see that McSwane still doesn't get it , he opens his mouth and takes away all doubt.
If speech is completely free then there can't be hate speech. (Continued…)
Sisyphus39
posted 11/14/07 @ 11:50 AM MST
So Landers isn't in office legally according to by-laws?
Hmmm . . . seems a poor place to start changing by-laws.
If you have the law, it needs to be obeyed unilaterally, not just in politicall-chosen instances. (Continued…)
Alan Riley
posted 11/14/07 @ 2:18 PM MST
Craig,
Please quit making this a political issue. This is not about conservative vs. liberal. You're making it not about free speech, you make it seem as though the only thing you care about was the fact that the article was against Bush. (Continued…)
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