The Michigan Daily - Wednesday, February 15, 1995 -7
ACLU: Baker's free
speech rights violated
4 _
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Michigan
Alumni
work
here:
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Journal
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Scientific
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Because they
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054tI~j
By Josh White
Daily Staff Reporter
Saying that Jake Baker's right to
free speech was violated, Howard
Simon, the executive director of the
Michigan American Civil Liberties
Union, said the organization contends
the LSA sophomore has the right to
post Internet messages, despite any
violent or sexually explicit content.
"However, ACLU's involvement
has been kind of up in the air," Simon
said yesterday. "Everything involved
in Baker's defense is focused on the
bond appeal issue and not the First
Amendment implications right now."
The ACLU contacted Baker's at-
torney, Douglas Mullkoff, this past
week.
Mullkoff said he is focusing on fil-
ing an appeal within the next two days
in the 6th Circuit Court in Cincinnati,
which he hopes will overturn a ruling
requiring Baker to remain in jail.
"Right now, we are centered on
getting Mr. Baker out ofj ail, after that
we will focus on the other issues,"
Mullkoff said.
The ACLU is still concentrating on
the First Amendment issues in the case
and is preparing to back Baker up.
"This case definitely has First
Amendment ramifications," Simon
said. "His stories may have been dis-
gusting and vile, but I have seen noth-
ing that would appear to be a threat to
any person.
"If Mr. Baker had sent a letter to
the woman he named in his story, or
had he slipped something under hera
door or e-mailed her a threatening
message, then there may have been
something, but it would be a civil suit
brought by the woman."
Simon said the implications of this
case are quite important.
"The germane issue is: Is the FBI
going to dictate what the First Amend-
ment is going to look like in
cyberspace?" he said. "Will people
be prosecuted for putting pornogra-
phy and disgusting stories on the In-
ternet in places set aside for them? It
is not the FBI's place to be writing the
First Amendment over again."
At the University, the Students'
Civil Liberties Watch, which is not
affiliated with the ACLU but is simi-
lar in purpose, has not taken a posi-
tion on the Baker case.
"We are waiting for some more
information regarding the University's
decision to suspend Baker before we
take a firm stand," said LSA sopho-
more Ethan Kirschner, chairman of the
SCLW. "If the University knew about
the e-mail that Baker was sending to the
man in Ontario when they suspended
him, perhaps their decision was the
correct one."
Kirschner also questioned the fed-
eral law regulating threats over state
and foreign boundaries.
"The federal law is vague and
troublesome, broad and question-
able," he said. "Does a person have
ways to discuss the kidnapping of a
woman, in reality or in fiction, in
private over the Internet? That is what
the judges will have to decide."
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BAKER
Continued from page 1
LSA sophomore Maria Job met
Baker through Yoo last year.
"Jake was into game-playing and I
thought he was a bit strange," Job said.
"But I never had a problem with him. I
spent time with him and never felt like
he was capable of kidnapping a woman
or doing terrible things. I think his case
is a just a case of bad judgement."
Jannetta said he wishes he could
help his roommate.
" want to help him because I have
read the papers and it is not looking
good for him," he said. "It has gotten to
the point at which it doesn't matter
what happens in his trial. These kinds
of things have a way of destroying
people's lives.
"It has all been blown way out of
proportion. I don't think that there are
a lot of people out there who care
what happens to Jake either way. I
think that this is a big case and the FBI
and the government just want to win
it any way they can."
ZI MCI
m
OR ..
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