What’s Wrong With This Picture?

An article in the Chronicle of Higher Education this morning reveals that the University of Pennsylvania has brought a sexual harassment charge against a junior engineering student who posted pictures on the Internet that show students having sex while standing next to a large window in a dorm. Apparently other students took, and distributed, other pictures, but it’s not yet clear if any other charges will be filed.

It’s hard for me see how this amounts to sexual harassment. It could have been invasion of privacy, except that the behavior wasn’t very private. Indeed, critics of the university’s action, including history professor Alan Kors, a co-founder and chairman of the Foundatin for Individual Rights in Education (which so far is not involved), point out that sex by an open window is in effect a public event.

Mr. Kors said on Wednesday that although the university is a private institution and is not legally held to the same First Amendment standards as a public institution, university policies protect students’ right to free expression as if it were. Taking a photograph of a public event and then disseminating it is a matter of free expression, he said.

“That’s university law,” Mr. Kors said. “The very existence of an investigation of protected speech is chilling.”

If anybody did anything wrong, he said, it’s the students who were having sex near a window for all the world to see. He added, however, that he hopes the university doesn’t investigate those students either.

Kors also had some good advice for students, and others: “”Don’t make love in an open window….”

UPDATE [4 Dec.]

Penn backs down. (HatTip to Howard Bashman)

Say What? (8)

  1. Laura December 1, 2005 at 1:25 pm | | Reply

    If the students in the dorm room were violating state decency laws, they should be investigated.

  2. Michelle Dulak Thomson December 1, 2005 at 1:51 pm | | Reply

    How can this possibly be “sexual harassment”? Who is this guy charged with harassing exactly? The article says that one student [gender unspecified] lodged a complaint. But either he was harassing all of them, or none of them. And I have to say it’s none of them, for the reasons John stated. If you have sex in plain sight, you are obviously not in any position to expect privacy.

  3. . December 2, 2005 at 7:14 am | | Reply

    Har-ass-ment:

    Def. Performance of actions which are disapproved of (as by College Students or Administrators).

  4. Dom December 2, 2005 at 10:15 am | | Reply

    It is not harassment, but it is a violation of privacy, even if it was done by an open window. The idiot with a camera should be expelled for that reason alone. Those pictures were placed on the internet — hopefully the girl’s father will punish them in other ways too.

    Dom

  5. actus December 2, 2005 at 11:19 am | | Reply

    This kid may also have violated the school computing network’s acceptable use policy.

  6. Dom December 2, 2005 at 12:48 pm | | Reply

    In general, you can never find out what network was used. You can walk into a coffeshop and use a network.

    Dom

  7. actus December 2, 2005 at 1:31 pm | | Reply

    “In general, you can never find out what network was used. You can walk into a coffeshop and use a network.”

    The guy posted the picture on his school account website.

  8. Dom December 2, 2005 at 3:42 pm | | Reply

    Well, I’ll admit it … I read the article and I took a look at the picture. And I’m making a 180.

    You can’t see the girl’s face. It’s not clear that the student being charged used the Penn web site. And that really is an OPEN window — the girl and guy in it are exhibitionists, and I guess they are turned on by being so public. Pedestrians should be suing them for indecent exposure.

    Dom

Say What?