White supremacist and holocaust revisionist
materials appeared on a student's
web page. These included the
writings of E. Zundel, after Germany
blocked access to them.
Although the school posted a disclaimer
on for student web pages,
and its Computer Ethics policy
stresses freedom of expression,
the student's web page was removed
from the university server.
Although a state school could not
block his account on the
grounds of the content of his web
site, it could do so if and
when he was not currently taking
courses. As he was not enrolled
in class in Feb. 1996, his site
was removed, along with the
Internet accounts of all 2000 students
who were not currently
enrolled in classes. But there
is evidence that previous to this
action, recently-departed students
were allowed to keep their
pages up. It is difficult to read
the policy of removal as based
on "system overload," or established
policy. In any event,
policies concerning which students
are to be allowed web sites on
the campus server should be explicitly
stated and consistent.
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When considering First Amendment
issues, courts use the "least
restrictive means" concept to determine
how to deal with
materials not protected by freedom
of speech statutes. One
cannot, for example, suppress materials
considered harmful to
minors in a way that prevents adults
from accessing them. This is
like burning down a house to prepare
a meal of roast pork.