Dara McBride’s recent article reminds us that after nearly two months of investigation, Syracuse University College of Law’s investigation of Len Audaer remains open, and Audaer’s rights remain under threat for his alleged involvement with the satirical blog SUCOLitis. The investigation should be deeply troubling to those who value free expression on campus.

Despite all the time SUCOL has had to investigate Audaer for harassment, it has not presented him with any evidence to back up this claim.

One perfectly good reason why SUCOL has failed to present Audaer with evidence of harassment is that it has none. SUCOLitis is a fake news blog and is not harassment. That’s plain and simple. It does not count as harassment either under Supreme Court standards or Syracuse’s special, extralegal definition of the term.

The Foundation for Individual Rights in Education, where I serve as a Program Officer, made this point in our letter to Chancellor Nancy Cantor and the SUCOL administration, citing the clear guidance provided by the Supreme Court. In Davis v. Monroe County Board of Education, the Court ruled that to rise to the level of peer harassment in the educational context, offending behavior must be ‘so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.’ This decision draws a crucial line between protected speech and extreme, unprotected harassment.

SU, for its part, still strictly defines harassment as ‘beyond the bounds of protected free speech, directed at a specific individual(s), easily, construed as ‘fighting words,’ and likely to cause an immediate breach of the peace.’

The SUCOL investigators should be ashamed to keep this prosecution going. Can SUCOL really say with a straight face that satirical blog posts–making clear to readers that the content is farcical–meet a harassment standard? Good luck.

Hopefully SUCOL will come to its senses soon. But the damage has already been done. The message here is that if you annoy the wrong faculty member, administrator, or student, Syracuse will keep up an investigation against you for months, while you writhe under the magnifying glass. This ordeal could follow Audaer throughout his academic and legal career for no better reason than that people like Germain want Syracuse to abuse its power and punish Audaer’s protected expression.

When The Daily Orange first reported the controversy, Professor Germain said, ”[m]y right to swing my arm ends where your nose begins,’ is the old saying.’ In response, FIRE Vice-President of Programs Adam Kissel said ‘show me the bloody nose.’ We’re still waiting.

Peter Bonilla

Program Officer, Individual Rights Defense Program

Foundation for Individual Rights in Education (FIRE)

Published on December 14, 2010 at 12:00 pm