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Freedom of speech
	Imagine that the contributors to su-etc were law students at the
State University of New York at Buffalo.  Which contributors might be
subject to accusations of prohibited harassment by which other
contributors and prevented from passing the bar exam.  according to the
following policy statement.  $25 to the best accusation of violating the
policy.  In the accusation, say who is accusing whom.  Perhaps mutual
accusations would be best, e.g. Mark Crispin and Lyn Bowman accusing
each other.  On second thought, I have decided not to offer this prize.
It might get too unpleasant, so just think about it.  My opinion is that
the SUNYAB Law School Faculty is creating an atmosphere of fear of freedom
of speech.  Also I would guess they do not have in mind enforcing this
regulation symmetrically, e.g. they don't contemplate denouncing feminists
who accuse the whole male sex of being rapists at heart or Naderites
accusing the whole business community of being larcenist.

The following statement was adopted unanimously by the Law School Faculty 
at a meeting on October 2, 1987.  (Signed by Wade J. Newhouse)

Anyone wishing to comment on this regulation should address their remarks to:

Dean David Filvaroff
SUNYAB Law School
North Campus
Buffalo, NY  14260

FACULTY STATEMENT REGARDING INTELLECTUAL FREEDOM, TOLERANCE, AND PROHIBITED
HARASSMENT

Every intellectual community worthy of the name thrives on sharp and
heated controversy--on the free and full expression of opposing
ideas and values; on impassioned arguments for, and equally passionate
arguments against.  Given the particular professional skills required
for the practice of law, law schools, including this one, especially
prize and encourage such unencumbered give-and-take, the more lively
and uninhibited the better.

Because both the common law and two centuries of Constitutional
tradition have long given American lawyers a special role in assuring
fairness and securing equal treatment to all people, our intellectual
community also shares values that go beyond a mere standardized 
commitment to open and unrestrained debate.  We support the particular
values shaped by the special traditions and responsibilities of the
legal community to which all of us--students and faculty alike--belong.
Any and all expressions of bigotry, prejudice and discrimination are
abhorrent to these traditions; they not only detract from the person
uttering them, but reflect poorly upon the profession as a whole.

By entering law school, and joining this legal community, each
student's absolute right to liberty of speech must also become tempered
in its exercise, by the responsibility to promote equality and justice.
Therefore, it should be understood that remarks directed at another's
race, sex, religion, national origin,, age, or sexual preference will be
ill-received, or that racist, sexist, homophobic and anti-lesbian,
ageist and ethnically derogatory statements, as well as other remarks
based on prejudice and group stereotype, will generate critical 
responses and swift, open condemnation by the faculty, wherever and
however they occur.

We note with  dismay recent acts of harassment, intimidation, and
assault against persons of color and other groups which have taken
place on campuses around the country, and which have often gone far
beyond the bounds of constitutionally protected speech.  Concern
regarding such inappropriate and often outrageous behavior compels the
faculty to add a clear and specific warning concerning any such acts
that may occur in this school.  It is the policy of this law school to
take strong and immediate steps against any and all such behavior.  The
means of doing so will always  be informed by the faculty's strong
commitment to the requirements of due process but will not be limited
solely to the use of ordinary university disciplinary procedures.
Where such acts indicate that a student may lack sufficient moral
character to be admitted to the practice of law, the school can and 
will make appropriate communications to the character and fitness
committees of any bar to which such a student applies, including, where
appropriate, its conclusion that the student should not be admitted to
practice law.  In addition, in appropriate cases, the school will not
hesitate to act upon its legal and ethical duty to notify state and
federal law enforcement authorities of  such acts, and to cooperate with
those authorities in their investigation and prosecution.

Although the faculty is prepared to exercise such sanctions, we 
hope and expect that the occasion to do so will not arise.  Thus, we
expect that students will accept, and act in accordance with, the moral
obligations of the profession and this community and honor the
traditions of fairness, equality and respect for others that sustain
the legal professon and inform the culture of this law school.