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Re: Censorship issues
Sandy - I didn't suggest that the student seek the opinion, I suggested that
he ask the department to request it. Perhaps it would be a waste of time,
who knows unless he tries but just asking the department doesn't seem like a
very big deal. Maybe they would refuse, maybe not.
----- Original Message -----
From: "Sandy King" <sanking@hubcap.clemson.edu>
To: "Brian Ellis" <bellis60@earthlink.net>
Cc: <alt-photo-process-l@skyway.usask.ca>
Sent: Sunday, October 22, 2000 11:03 AM
Subject: Re: Censorship issues
> Brian,
>
> As chair of a fairly large department at a public university I am in
> a position to interact on a fairly regular basis with university
> counsel on matters relating to such things as grievances, EEOC
> complaints, lawsuits against the university and even questions of
> academic freedom. My personal opinion is that your suggestion that
> this party seek a written opinion from the school's legal counsel
> about the liability issue is a waste of time, because 1) it is highly
> unlikely that legal counsel would write such a legal opinion for a
> student, and 2 )any opinion issued would have as its purpose
> protection of the institution, not the interests of the student.
>
> In any event, Steve's advice is sound because there is no way a
> student is going to be held liable for events ensuing from school
> exhibition of a required academic activity.
>
> Sandy King
>
>
>
>
> >If you wish to pursue this you (or maybe they) need to be more specific
> >about just what kind of liability, and to whom, they are concerned about.
It
> >seems reasonably certain that no viewer is going to go into a state of
> >compensable mental distress, shock, or other type of mental or emotional
> >damage over seeing this image.Therefore, I assume the school is not
> >concerned about damages suffered by potential viewers.
> >
> >The only other kind of liability I can think of involves possible loss of
> >grants or other funding., This isn't really "liability" in the usual
sense,
> >unless conceivably the school entered into some sort of a
"non-controversy"
> >contractual arrangement as a condition to receiving a grant, which seems
> >unlikely. Even if they are concerned with something of this nature, I
don't
> >know why they'd be asking you to sign something since nothing you could
sign
> >would protect them from this kind of loss.
> >
> >Steve's advice to just accept it may be the best practical advice but if
> >you're really upset ask them to obtain a written opinion from the
school's
> >general counsel expressing his or her opinion as to the liability issue.
If
> >the school is of any size at all it will have at least one full time
> >salaried staff attorney so it won't cost anything to obtain an opinion.
This
> >will at least allow you (and them) to determine whether there is any real
> >basis for their concern or whether they're just using legal liability as
an
> >excuse for avoiding a controversy.
> >
> >
> >----- Original Message -----
> >From: "Steve Shapiro" <sgshiya@redshift.com>
> >To: <alt-photo-process-l@skyway.usask.ca>
> >Sent: Sunday, October 22, 2000 3:15 AM
> >Subject: Re: Censorship issues
> >
> >
> > >
> > > ----- Original Message -----
> > > From: "Gary Miller" <gmphotos@earthlink.net>
> > > To: "Alternative Photo Group" <alt-photo-process-l@usask.ca>
> > > Sent: Saturday, October 21, 2000 5:37 PM
> > > Subject: Censorship issues
> > >
> > >
> > > > I thought that the collective minds of the list might be able to
help
> >with
> > > a
> > > > situation that I am currently encountering. I am a graduate
student who
> > > > will finish my MFA Fine Art Photography degree in December. As
part of
> >my
> > > > final review/graudation I am entitled to a gallery show at my
school in
> > > one
> > > > of their galleries. I recently presented copy slides of the 15
images
> > > that
> > > > will appear in my final show to my department director for
approval.
> >The
> > > > series is a group of figure studies of men and women. He approved
the
> > > > images, but with one exception. The fear is that the school can
> >somehow
> > > be
> > > > held legally responsible for any ramifications that the display of
this
> > > > controversial image may bring. In order to have the possibility of
> > > > displaying this image I have been asked to produce some sort of
> > > > documentation that indicates that the school (the gallery
providers) are
> > > not
> > > > liable or responsible for the content of the exhibit. I was hoping
> > > someone
> > > > might me able to provide me with some references or legal citings
that
> > > would
> > > > satisfy this requirement, or any other ammunition that you may
provide.
> > > > Thank you for your assistance. You may email me offlist at
> > > > gmphotos@earthlink.net. Thanks
> > > >
> > > >
> > > > Gary Miller
> > > >
> > > Censorship issues rest on the responsibility of the venue. The
school is
> > > responsible and your declaration gives you freedom.
> > >
> > > Laws are 'to protect me, not restrict you' here is an interpretation
but
> >one
> > > view is that it protects thee.
> > >
> > > The only liability would be if the elimination of one picture would
effect
> > > your grade for not having met the accomplishment, requsite number of
> >prints;
> > > and by their descrimination they restrict orlibel your reward.
> > >
> > > Without material penalty there is nothing but pride, here.
> > >
> > > Sign their paper and stand tall. I pray you get an 'A'
> > >
> > > S. Shapiro
> > >
> > >
>
>