Free speech at center of nude-photo controversy

December 1, 2005

Controversy over the disciplinary fate of the Engineering junior who posted a photograph of two students apparently having sex in Hamilton College House centers on the issue of whether the photograph is protected under freedom of speech.

A determining factor in the debate is whether University disciplinary actions trump constitutional freedom of speech, and, so far, the answer is unclear.

Penn History professor and acclaimed First Amendment rights defender Alan Kors, however, says the answer is clear. The University Board of Trustees and former Penn President Judith Rodin established in the early 1990s that students would receive the same rights as public-school students, who have full constitutional rights, he said...

Schools: University of Pennsylvania