Dear Ms. Krause:

I'm Political Issues Chair of the National Writers Union (NWU), UAW Local 1981. We have concerns about your recent letter regarding the four Cornell students who created a document known as "75 Reasons Why Women Shouldn't Have Freedom of Speech."

By our constitution, "The National Writers Union is committed to freedom of the press, freedom of speech, and freedom of expression in all media, including print, film, and electronic media of any sort." Therefore, we always have, and I hope always shall, oppose policies and actions on the part of college and university administrations, at both public and private institutions, that inhibit or punish Constitutionally protected speech. We are thus pleased that Cornell has recognized that this document did not constitute sexual harassment or misuse of computer resources.

We are concerned, however, that your letter seems to indicate some lack of understanding not only of free-expression principles but also of the legal definition of sexual harassment. I suggest a review of the major decisions regarding sexual harassment, such as Meritor and Harris v. Forklift. These decisions (and others) make clear that, at a university, sexual harassment must comprise behavior (including targeted unwelcome speech), committed by or permitted by a superior who is an agent of the university, and that the behavior must be sufficiently pervasive or severe as to impair a reasonable person's ability to do his or her job.

In your letter, however, you state that the four students who created the document "distributed it very narrowly." This is irrelevant. The document is Constitutionally protected speech and they have the legal right to distribute it as widely as they wish. You also say, "They did not send the list to specified groups in order to anger or offend them." This again is irrelevant. The Courts have been crystal clear that offensive speech is protected. You say, "distributing the list to a handful of friends did not constitute a hostile environment." This is misleading. Posting the list widely would also not constitute a hostile environment.

We are also concerned that the four students received threats of death and bodily harm. Threats are not Constitutionally protected, and we therefore hope that these were not true threats but rather mere expressions of anger. If true threats did occur, we wish to know what legal action will be taken against those who made them.

Finally, I express skepticism that the four students will be attending the rape-education program and doing community service "voluntarily." This, frankly, reminds me of accounts of political dissidents in repressive Marxist regimes who attend re-education camps "voluntarily." I suspect the students were placed under tremendous pressure. Their understandable acquiescence, unfortunately, will have a chilling effect on speech, not only at Cornell but at all college campuses.

This incident presented Cornell with a tremendous opportunity to teach that even the most offensive speech deserves protection. We are sorry that this opportunity was fumbled.

The National Writers Union, representing 4,200 freelance writers nationwide, is one of America's largest writers organizations. We comprise journalists, technical and business writers, book authors, poets, short-story writers, and others. Our membership includes some of the most distinguished names in American letters. In our union, I assure you, women exercise their right to free speech vigorously. We look forward from hearing from you on this most important matter.

Sincerely,

Robert B. Chatelle

cc: Members of the Free Expression Network, members of the press, and others.