[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

[HAPS-L] accidental expletives and the faculty



Steve Noe in Indianapolis had this to say on July 6:

 

“This past spring semester, one of my adjuncts was _formally_ accused of sexual harassment for dropping a list of CN jingles (of a questionable nature) at the lab-bench next to a student.  The particular adjunct was officially reprimanded by our human resources department (IMO for poor judgment more than anything else.)  The printout was made by another student, and that name on the sheet of paper is the only thing that saved the day.”

 

The reason I asked him if the dropping of the paper was accidental is the following: The US Supreme Court ruled, in a case involving Bono, Paris Hilton, Nicole Richie, the Billboard Music Awards, and the FCC, that accidently using the “f-bomb” on live TV holds no liability so long as there is no sexual context. The Supremes noted that both George W. Bush and Dick Cheney have used the words publicly and on broadcast media, apparently at times when they thought they were speaking in private. Therefore, since other public figures made the same mistakes the two “Simple Life” actresses and the rock star had, the performers could not themselves be fined.

 

This morning I asked a property lawyer to look at Steve’s case since paper is property. His first response was an honest reply: “I don’t know” but then said that the Supreme Court ruling might NOT help the faculty member since the offending paper had BEEN LAST IN THE FACULTY MEMBER’S HANDS and it was, therefore, to the professor’s liability.

 

I realize that almost anything involving Paris Hilton and the Supreme Court suggests a hoax, but I assure you that I have cited true law. Possibly the whole paper expletive thing might percolate through the federal courts but right now, it looks like there is a distinction between the spoken and the written word.

 

In any case, I stand by the statement of the “Hill Street Blues’” captain: “Be careful out there.”

 

An earlier account of the Hilton/Richie/Bono case can be found here:

 

http://www.cnn.com/2003/LAW/12/23/findlaw.analysis.hilden.indecency/