The Insurgent was within its First Amendment rights to publish the March 2006 issue, which contained sexually explicit cartoons of Jesus Christ. However, I want bring your attention to something that has not been discussed. The Insurgent is a free publication and is widely distributed in the community, thus making it accessible to minors. The Insurgent has already distributed copies to several newsstands including one at the University’s music building, where minors, young enough to attend grade school, currently access music lessons.
Does the University have means to regulate the distribution of sexually explicit material to minors? The answer may be yes under standards set by the court in Tinker v. Des Moines School Dist., 393 U.S. 503 (1969), or in Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988) which was recently applied to the university level by the courts in Hosty v. Carter, 412 F.3d 731 (7th Cir., 2005). The University is not as powerless as it chooses to appear. So, the question becomes: Is the University interested in investigating these rights in order protect minors?
I am not advocating for some loop-hole to the First Amendment.
However, it reflects poorly on the University when it allows pornographic material to be distributed in places where minors can gain access to it. Especially when the front cover contains one such picture. Can’t the University stand up for its image and attempt to keep the material out of the hands of kids?
Nancy Suryan
Eugene