[R-G] York University Free Speech Committee & the case of Dan Freeman-Maloy
mstainsby at resist.ca
Thu May 20 23:36:13 MDT 2004
Date: Wed, 19 May 2004 16:28:29 -0700
From: En Camino <encamino at mail.tools4change.org>
Greetings from the York Free Speech Committee,
Since May 1, when York University President Lorna Marsden summarily
expelled student activist and journalist Daniel Freeman-Maloy from our
campus for three years, a campaign to pressure for his reinstatement has
For background on this case, refer to our website for:
President Marsden’s letter expelling Freeman-Maloy:
Freeman-Maloy’s initial response:
Our Committee’s response:
A small sample of the hundreds of letters of support we have received:
And much more, all accessible at http://www.en-camino.org/freespeechyorku/
On Wednesday, May 12, a delegation from our Committee delivered a letter to
York University President Lorna Marsden’s office. In it, we laid out the
“1) Reinstate Daniel Freeman-Maloy immediately, and move to accommodate his
completion of the academic year, and his journalistic work at Excalibur
[York’s student newspaper].
2) Ensure that your administration ceases to punish students for exercising
their rights to free speech, assembly in public halls, and political
3) Ensure that all students who are accused of infractions receive fair
hearings with legal counsel present, and are given the right to appeal the
decision with due process.
4) Issue an official apology to Daniel Freeman-Maloy for having subjected
him to these unwarranted measures, and for having afforded him none of the
procedural fairness that is due to all students accused of punishable
On Tuesday, May 18, President Marsden responded with an email declaring
“Mr. Freeman-Maloy's behaviour on several occasions has fallen below the
standards expected from York students,” and that his expulsion would stand.
This is unacceptable. That Freeman-Maloy’s alleged infractions have
expanded from two to “several” over the past few weeks speaks to the
arbitrariness of the disciplinary procedures he is facing. And we will
continue to challenge this outrage.
This Thursday, May 19, we are organizing a “Megaphone Choir” in Vari Hall,
where Daniel Freeman-Maloy attended the demonstrations cited in President
Marsden’s notice of expulsion. Please come out to York at 3:30 pm to
support this action and our campaign!
We thank everyone for their support, and will keep you updated as the
*** please circulate widely ***
The Megaphone Choir presents
MOTET FOR AMPLIFIED VOICES
Thursday, May 20 at 4pm in Vari Hall, York University (rehearsal at 3:30,
Vari Hall D)
A musical performance in support of York student Daniel Freeman-Maloy,
who was expelled on April 30 for using "an unauthorized sound amplification
Join the choir! Megaphones provided! Simply come to rehearsal at 3:30 in
Vari Hall D!
No prior musical or megaphonic experience necessary! All welcome! forward
TRAVEL INSTRUCTIONS: www.yorku.ca/yorkweb/maps/york2d/index.htm
Audio and Video of this event will be posted at
http://www.cupe3903.tao.ca/megaphone/ in the days after the event takes
May 18, 2004
Megaphone choir tunes up to give York campus a blast
Megaphones are fine in May - once all the students have gone away.
Three weeks after a York University student was expelled for using a
megaphone at unauthorized protest rallies, the university will allow a
"megaphone choir" to perform in the same spot on campus ... to protest the
With the school year over, there are no longer classes for a bullhorn to
disrupt, explained campus spokesperson Nancy White about the ad hoc group
that has booked space this Thursday to perform a "Megaphone Motet" in
support of student Daniel Freeman-Maloy, 21.
York has expelled the third-year student for three years for using a
megaphone at rallies held in part of Vari Hall where protests are
during the school year because they could disrupt nearby classes.
"The issue was always the disruption of classes, which won't happen now
because classes are over," White said. "Also, this group has booked the
space through the proper channels, something Daniel Freeman-Maloy did not
York president Lorna Marsden has said she used presidential powers to
him the right to attend classes. She compared the move to "rustication," an
old form of academic discipline in which misbehaving scholars were sent to
the countryside to rethink their deeds.
Freeman-Maloy believes he is entitled to a hearing and has retained the law
firm of Roach, Schwartz and Associates to seek a meeting with York
In a letter faxed to Marsden yesterday, lawyer Peter Rosenthal concedes,
"You are, of course, correct: There was such an academic form of discipline
as rustication, particularly at Oxford and Cambridge in England, centuries
"However that archaic notion has disappeared along with other archaic
examples of unilateral, unreviewable authority by public officials. It is
quite surprising the concept has resurfaced at York in 2004."
The university had no comment on Rosenthal's letter.
In an e-mail, the bullhorn band invited supporters to a 3:30 p.m. Thursday
rehearsal at Vari Hall before the 4 p.m. showtime. "No prior musical or
megaphonic experience necessary! Megaphones provided!" it said.
----- End forwarded message -----
In the contradiction lies the hope
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