COUNCIL OF FACULTY SENATE PRESIDENT'S DISCUSSION ON CENSORSHIP / ACADEMIC FREEDOM

Hi, all - missed you last week, but Carol gave me a great update on all the happenings. Our Senate Executive Committee passed the following resolution, which will be going to the full Senate here next Monday:

Resolution 103_021:

Whereas, the Kansas State Senate has passed an amendment to SB 263, the 2003-2004 State Appropriations Bill, that directs the Kansas Board of Regents to terminate funding for any department of a Regents' University that purchases or uses "obscene" videos in a human sexuality course or other such class, and

Whereas the use of sexually explicit materials or other materials deemed "obscene" may be appropriate in a number of university-level courses, including those covering human sexuality, and

Whereas the referenced amendment represents a substantial infringement on academic freedom, which is vital to intellectual inquiry and a quality education,

The Faculty Senate of Fort Hays State University urges the Kansas State Legislature to repeal the referenced amendment or to reject it when the House and Senate budget bills are reconciled in conference committee.

Time is short on this, and the House has been deferring to the Senate as the big budget bill is discussed. In addition to your own Senates passing something, I would suggest that we do as well. I'll move electronically that we adopt the above resolution, simply changing "The Faculty Senate of Fort Hays State University" to "The Council of Faculty Senate Presidents."
Cheers,
John

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Dr. John Heinrichs Phone: (785) 628-4536

Department of Geosciences Fax: (785) 628-4096

Fort Hays State University email: jheinric@fhsu.edu

600 Park Street WWW: http://www.fhsu.edu/geo/heinrichs

Hays, KS 67601

Here's the text of the amendment which was originally made to SB 263, and now is in the conference bill:

(i) During the fisal year ending June 30, 2004, no department or

division within any university under the jurisdiction and control of the

state board of regents or any other such university shall expend any

moneys as part of a human sexuality class or other similar class for

undergraduate students for the purpose or display ov any videos as part

of or incident to such a class which are obscene as defined by K.S.A.

21-4301 and amendments thereto: Provided, That upon any violation of

this subsection the state board of regents shall direct the immediate

termination of the expenditure of moneys for any such department or

division within such university.

Here's the text of K.S.A. 21-4301 (thanks to some diligent work by Stephen Schleicher, our Senate secretary):

(c) (1) Any material or performance is "obscene" if:

    (A) The average person applying contemporary community standards would find that the material or performance, taken as a whole, appeals to the prurient interest;

    (B) the average person applying contemporary community standards would find that the material or performance has patently offensive representations or descriptions of
        (i) ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy, or     (ii) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals; and
    (C) taken as a whole, a reasonable person would find that the material or performance lacks serious literary, educational, artistic, political or scientific value.
    (D) It is a defense to a prosecution for obscenity that
            (1) The persons to whom the allegedly obscene material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational or governmental justification for possessing or viewing the same;
            (2) the defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by such library and was disseminated in accordance with regular library policies approved by its governing body; or
            (3) the allegedly obscene material or obscene device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incident to an approved course or program of instruction at such school.

Now, some may argue that that last provision renders the recent amendment powerless. I disagree. section d3 only gives a defense to prosecution, where the amendment cuts off funding to the department and involves no criminal prosecution.