The Michigan Daily - Thursday, February 9, 1995 - 7
Senate OKs Engler's
tax relief proposal
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BAKER
Continued from page 1
will comply with a Freedom of Infor-
mation Act request from The Michi-
gan Daily for this story and two others
the student wrote.
"It's rather difficult to consider it
a privacy issue when he voluntarily
put it out," said Lewis Morrissey, the
University's chief freedom of infor-
mation officer. "As far as we're con-
cerned, it was put on a public forum
for anyone who had access to the
Internet to read so that negated any
privacy concern."
But Cahill said this is inconsistent
with the University's policy on re-
leasing information.
"They normally say that if some-
thing is in the public domain, you
have to get it yourself. What I was
suggesting to (Assistant General
Counsel) Dan Sharphorn was to take
the same position - get it from the
Internet," Cahill said. "(Baker) didn't
pass out hard copies to anyone and
now the University is."
Although the University will make
Baker's stories public, it plans to re-
dact the name of the woman.
"Quite honestly, we could be
faulted for it (under FOIA), techni-
cally," Morrissey said. "The greater
concern there is that we should still
strive to protect her privacy. We sim-
ply feel that she was an innocent vic-
tim in all of this."
Besides providing Neenan with the
stories, Cahill said that Hartford's com-
ments to Neenan were inappropriate.
At Tuesday's MS.A meeting,
Neenan told the asseiibly: "(Vice
President for Student Affairs)
Maureen Hartford let me read a part
of what was posted on the Internet. I
was absolutely appalled and disgusted
after I read the first two pages. I had to
stop reading. She warned me that it
got progressively worse."
Cahill asserted that under FERPA
University officials cannot discuss
Baker's hearing. "Julie didn't make a
FOIA request. I think they should
have just had a no comment as they
have done with the media," he said. "
If there was a violation of FERPA,
we intend to take appropriate action."
Neenan said Hartford showed her
one of the stories because she had
questioned the University's action.
"I've never read anything like this
in my life before. It was atrocious,
Neenan said. "It made me feel fright-
ened after reading it."
Hartford shared a similar view as
Neenan. "To say that it was upsetting,
is a mild term. It is a disturbing piece
of material to read," she said.
In addition to the suspension, the
Department of Public Safety and the
FBI also are investigating the case.
Baker's case has drawn the eye of
the national media, including Time
magazine, USA Today and the
Chronicle of Higher Education.
Cahill said he and Baker want to
proceed directly today through the
entire hearing, a process that he ex-
pects to take five to six hours.
I
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CAFE 'DfNF
OBSCENITY
Continued from page 1
Community standards are de-
fined as those of a normal adult.
Lowenstein said Baker's work
would be judged by that same test.
Even though Baker used the
name of a female student, he said
he does not know the student.
"The University claims it's a
threat. If he's done nothing other
than write this piece, we're talking
about speech here. If he's done one
other thing, like knock on her door
or try to follow her to class or send
her a Valentine's Day card, one
other act, then it's not speech, but
conduct," Lowenstein said.
Debra Cain, coordinator of the
Sexual Assault Awareness and Pre-
vention Center, said that while speech
rights are important, the rights of the
other student are also important.
"I think when we talk about
Jake Baker's or anyone else's rights,
it's important to think of how we
would feel if it had been our name
and that violent behavior had been
written about you, and you'd had
no control," Cain said.
University spokeswoman Lisa
Baker said the case is one of an
invasion of privacy. "Media ac-
:ounts which describe this case as
:ensorship ofpornographic fantasy
are inaccurate. Rather, what is at
issue is the invasion of privacy and
threats to safety," she said.
Lowenstein said that in similar
ases the courts have not upheld
convictions for invasion of privacy
r libel, because it was obvious that
the stories were not true. She said,
however, that the woman named in
the story may be able to sue, claim-
ing that the standards for her are
different since she is not a public
figure, as were plaintiffs in previ-
ous cases.
Cain would not comment on the
specific case because of confiden-
tiality. She added that SAPAC's
general role is to help the victim
find what he or she most needs in a
given situation, including advice
on University policies or laws, or
counseling.
( '1
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