ACLU: Video policy needs to be reviewed
Three university officials received a letter Tuesday from the American Civil Liberties Union urging CMU to reconsider its campus videotaping policy.
The ACLU is opposing a letter sent by Dean of Students Bruce Roscoe to Topinabee junior Dennis Lennox II on Oct. 15 ordering Lennox to stop videotaping on campus without prior permission. Roscoe's letter said Lennox's right to videotape is not protected by the First Amendment.
Michael J. Steinberg, legal director for ACLU of Michigan, disagreed and said Lennox does have that right under the Constitution.
"We write to request that you lift this restriction because it violates Mr. Lennox's First Amendment right to engage in political advocacy," Steinberg wrote in the letter.
The ACLU addressed the letter to University President Michael Rao, Roscoe and General Counsel Eileen Jennings.
Steve Smith, CMU director of media relations, said he has yet to see a copy of the letter.
"It's certainly something that we'll have to review before we respond," he said. "We always carefully consider the ACLU."
Roscoe has made it clear in the past that he does not consider his letter to Lennox a restriction or ban. In an Oct. 18 interview with Central Michigan Life, Roscoe said students have an expectation of privacy in CMU's campus buildings.
"Our academic buildings are restricted for use for academic purposes," Roscoe said.
Steinberg disagreed and said Roscoe's letter was a ban.
"It specifically said you may not follow anyone on campus without permission," Steinberg said Tuesday.
In the letter, Steinberg said it is sometimes difficult for a university to respect both the freedom to engage in political advocacy and students right to privacy.
"We do not think that the present case presents one of those difficult scenarios," Steinberg said.
Although no specific incidence of videotaping was discussed in the letter Roscoe gave to Lennox, Steinberg cited Lennox's videotaping of Gary Peters, congressional candidate and Griffin Endowed Chair.
"A public university cannot constitutionally prevent a student from videotaping a political candidate who is a public figure," Steinberg wrote.
Steinberg wrote Peters never asked Lennox to stop and that all recordings were made in public areas.
Steinberg said while the Michigan ACLU has dealt with issues of speech on campus before, this is its first experience with a case involving videotaping of public figures.
Lennox said he hopes the ACLU letter will serve as a wake-up call to university officials.
"I think the ACLU has a great deal of influence," he said. "I would hope that the school would realize it's trampling on the rights of over 20,000 students."
Steinberg said he doesn't think the matter will need to be resolved legally.
"We think the university is going to do the right thing," he said. "If they want ... to make it (their policy on videotaping) more clear, that would resolve the matter."
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