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Friday, February 1, 2008

Did Gary Peters Violate the Very Ban on Videotaping that Was Likely Meant to Protect Him?

So says the Peters Report. Here is how it is portrayed there...

In an odd twist, Peters brought 9&10 News into the classroom Monday evening -- interviewing students, several of whom just happened to be members of CMU's College Democrats.

While this doesn't seem newsworthy, he apparently forgot about the school's videotaping ban, which was declared unconstitutional by the ACLU.

In an October 15 memorandum explaining the ban, Dean of Students Bruce Roscoe said: "Employees and students have a reasonable expectation of privacy, which includes the right to be free of recording, as they go about their business on campus."

This is a bit confusing so let me explain. Back in October, the CMU administration banned the use of video equipment in public places, and that includes classrooms. While there is no definitive proof, this ban was likely in response to Dennis Lennox aggressive use of a video camera in a few highly publicized and highly controversial confrontations with administration officials including Peters himself. There was this confrontation with Dean of Students Pamela Gates. Then, Lennox had another confrontation with Peters himself. Both confrontations wound up on Youtube. Both were not only disconcerting to the subjects, Peters and Gates, but they caused some embarrassment to the school. Soon after, Lennox received this email from the administration,

I am writing to convey you the university's position on videotaping individuals without receiving prior permission from them to do so. The intent of this memo is inform you of this so you can be mindful of this in the future.

Recording (videotaping or audio taping) others is not expressive activity; it is not protected by the First Amendment to the US Constitution.

Videotaping others around campus and / or videotaping them as they go about their normal activities is not expressive activity.

Employees and students have a reasonable expectation of privacy, which includes the right to be free of recording, as they go about their business on campus. With some exceptions, people do not have the right to videotape or record others; they must be given that privilege.

With regard to your behavior specifically, Dennis:

You may not record (videotape or audiotape) any members of the campus community in hallways or in their offices or residences without receiving their permission.

You may not follow anyone around campus with a recorder running without receiving that person's permission.

You may not record a person through the windows in that person's office without receiving that person's permission.

If you engage in any of the above listed behaviors you will be charged with a violation of section 3.1.15 of the Code of Student Rights, Responsibilities and Disciplinary Procedures: Failure to comply with the directions of University agents.

Dennis, it is important to know that the points presented above apply to all students. Any student who engages in any of the above listed behaviors would be issued the above directive.


Please let me know if you have any questions regarding the points in this memo.

This particular ban caused the ACLU to come to the defense of Lennox. The ACLU believes that banning videotaping in public inhibits ones right to free speech and activism.

Now, let's get back to Peters actions on Monday. According to the Peters Report, Peters brought a couple of different students into the classroom for interviews and just plain video taping. First, this would be a clear violation of the school's own policy against video taping in public. Furthermore, it is a violation of any and all standards of education. The class room is supposed to be for teaching not some forum for free publicity for one's campaign. From the beginning his simultaneous run for Congress while he teaches (Peters is running for U.S. Congress in a district hundreds of miles from Campus) was the source of potential conflict of interest. Here is a perfect example. Rather than using the classroom to teach the kids, he brought in reporters to interview the kids and used the same classroom as nothing more than a campaign event.

I have already pointed out that this administration simultaneously insists on holding Lennox responsible for technical violations of the student code while refusing to hold itself responsible for many other much more serious violations. This is unfortunately how it works with the powerful many times. The rules rarely apply to them, and they often times apply in a heavy handed manner to their opponents. I found the same type of thing happening in the fiasco at Grady Hospital. There the Emory Administration expelled a student for being lat to a class more than a year prior to the expulsion hearing. At the same time, they involved themselves in the systematic pilfering of a public hospital. Thus, I doubt very much that Peters will be held responsible for this gross violation of teaching standards. I hope I am wrong but I will keep my eye on the administration.

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