Showing posts with label defamation. Show all posts
Showing posts with label defamation. Show all posts

Tuesday, November 10, 2009

Reputations

Ok, I have a confession to make. My last post was several days ago and it was an abbreviated one because I was sick. Even though I was pretty sick, it shouldn’t have stopped me from posting for this long. I’ve been slow coming back to posting because I was simply getting exhausted by all of this. Although I knew that nothing was going to go away if I simply ignored the ridiculous situation that I find myself in, I thought maybe I’d give it a shot.

From one perspective, the rest felt pretty good, but nothing much has changed. The university public relations people keep churning out letters saying that the campus had to be protected from the threats made in The True BU. I keep hearing from people who have written to administrators at Butler asking for an apology for their actions. Instead of an apology, they’ve been receiving form letters from PR discussing the “defamation, threats, harassment, and intimidation” that was supposedly included in The True BU. Of course, they don’t point to a single sentence that I’ve written in support of their ridiculous claims. The irony of having Butler opt to endorse a policy of defamation against me, with statements that are clearly false, while attacking me for writing a blog that expressed opinions that were not only well documented but have now been publicly supported as accurate by a large portion of the faculty in the School of Music, is fairly incredible.

The other thing that hasn’t changed is that the national negative attention that Butler has brought on itself through actions of this sort seems to be continuing. College newspapers around the country have been regularly reporting on the issue and writing editorials critical of Butler’s administration. As I said from the outset, Butler’s actions, while directed at me, have huge implications for students, and others, around the world. If critical speech is attacked in one place, it is actually being attacked everywhere.

The latest student editorial, along with another editorial cartoon reproduced below, appeared in the SUNY Brockport newspaper, The Stylus. The headline makes it clear where the newspaper stands: “Fight for your right to speak: censorship.” As with so much of what is being written around the country, this editorial paints Butler administration in a terribly unflattering light:

"How can Butler say they support freedom of speech, while they do that to Zimmerman? Suppressing their student's ability to question those with power, for fear of repercussions. Even if students wanted to question the administration anonymously, Butler has proven they will seek out the student and try to crush them.

Besides, what kind of student is going to want to go to a university that will sue you if you speak out agains
t them or publish something that is less than flattering? That's like dating someone so long as they do whatever you want, whenever you want. It isn't feasible and shows the low character quality of Butler. In the end, the lawsuit, whether it was dropped or not, and the subsequent internal discipline, will be more damaging than one person's blog."



While virtually every outlet that has covered this story seems to recognize that The True BU was an appropriate way to comment on the university scene, I don’t understand why the Butler administration is willing to stand alone in the face of such relentlessly negative publicity. As I’ve said so often, there are so many very good things about Butler, but the actions of our administrators are doing incredible damage to the school’s reputation. It really is crazy that they’re willing to defame and attack their own student in a misguided effort to mitigate the damage that they have done to that reputation by taking such extreme actions in the first place. In all honesty, since I take time to tell almost every reporter I talk to about all of the good things at Butler, it seems like I care more about Butler’s reputation than do those being paid large salaries supposedly to protect and enhance it.

Friday, October 30, 2009

Defamation

If it weren’t so sad, and if it didn’t have the potential to really negatively impact my life, the action of Butler’s public relations department would be incredibly funny. Apparently, when people write to the president or to a member of the Board of Trustees at Butler questioning their actions in The True BU fiasco, a form letter is immediately dispatched. That form letter, according to my attorney, is a textbook case of defamation.


Marcia Dowell, executive director of university relations, is comfortable making the following statement: “Please know that in the fall of 2008, an internet web blog – True BU - published communications that included defamation, threats, harassment, and intimidation, directly harming the honesty, integrity, and professional reputation of Butler University and several of its administrators.”


I challenge anyone to find anything I wrote in The True BU that could even be remotely construed as a threat. Indeed, when raising the specter of a threat, the only words the president keeps citing come from a fragment of a sentence which he acknowledges he has no evidence I wrote. And I keep assuring everyone that I didn’t write it.


But Butler University is apparently comfortable telling everyone that my blog made threats. And they’re comfortable saying that my words harmed the reputation of Butler University and several of its administrators. As Barry Lynn, executive director of Americans United for Separation of Church and State, noted on his radio show on Wednesday, there’s certainly no evidence that anyone was harmed by what I had to say in The True BU. Did I make them uncomfortable by bringing their actions to the public? Did it annoy them that I demonstrated the repeated inconsistencies with what the administration said and what they did? Absolutely – but all of that falls well within the bounds of acceptable speech. My blog was not defamatory: They couldn’t prove it in court, and now they’re trying to tell anyone who asks about it that it was. As I said, every lawyer I have asked has been certain that the only defamation in this entire ordeal is what Butler is saying about me.


Even this afternoon, the chair of the board of trustees issued a statement about the case in which he said that "The Trustees also reaffirm Butler’s pledge to provide for the safety and welfare of its students, administration, faculty and staff." What do my concerns about administrative abuses of power have to do with the safety and welfare of anyone on campus? Why does everyone associated with the Butler administration want to turn every criticism into a physical threat? Could it be that they have no credible response to the criticism itself?