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University of Delaware Violates Student’s First Amendment Rights

Date: 11/17/2008 4:28 pm

A U.S. District Court judge recently ruled that the University of Delaware violated a student’s First Amendment rights by expelling him for offensive speech on a personal Web site hosted by the university server. The university was concerned over articles entitled, “How to Skin a Cat” and Maciej’s Official Guide to Sex.” The court found that Maciej Murakowski’s writings did not constitute any real threat. He was awarded ten dollars in nominal damages "for the delay in his graduation and entering the workforce as a chemical engineer,” but was denied money for the actual and punitive damages he claimed. Maciej was called into the vice president's office on April 20, 2007 – days after the Virginia Tech Massacre – and was told he would be charged through the university's judicial system and prohibited from leaving his residence hall until receiving a psychiatric assessment. Maciej agreed to the terms but was later expelled by the school's judicial board for leaving his residence hall without permission. He brought the case to court and the judge concluded that the Virginia Tech Massacre had heightened concerns on campus and almost certainly contributed to the university overreacting in handling Maciej’s case.

More from the University of Delaware newspaper, The UD Review
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Issue: Free Speech and Academic Rights

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