A settlement has been reached in the lawsuit against a Butler University student in Indiana who wrote an online blog criticizing his college. Jess Zimmerman, a junior at the time, wrote a blog called The Tru BU, which called into question the actions of many university officials.
Zimmerman wrote the blog anonymously but revealed his identity to clear the air about misconceptions being spread after legal action was threatened. The university alleged defamatory language and even threats made to university officials. Zimmerman contended that the threatening e-mails were not sent by him.
After several attempts to come to a settlement the lawsuit was eventually dropped andthe university decided to take disciplinary action against Zimmerman. Zimmerman felt that he was being judged guilty with a trial to follow and a judge agreed with him.
Zimmerman requested that the hearing not take place as scheduled on the grounds that he was not allowed to see evidence to be used against him. The restraining order was granted and the university lawyers responded by requesting that a $100,000 bond be posted. Zimmerman made a legal response and the university then settled. University lawyers later explained that the bond was a necessary part of the restraining order process.
"Although I was forced to agree that the specific terms of the settlement be kept secret, I was content with all other aspects of the arrangements," said Zimmerman in an e-mail.
Zimmerman did say, however, that he believes it was an astounding abuse of power on the part of Butler and that if it can happen there it can happen anywhere.
"Have you ever heard of a student being forced to go into court to ensure a fair disciplinary procedure?" Zimmerman said. "Could you ever imagine a university demanding that a student come up with $100,000 just to guarantee fairness?"
Though the case was settled, Zimmerman said he learned that a person can't be complacent when civil liberties are involved. In the past private universities like Butler have won cases in which the First Amendment rights of students were challenged. However, many of those cases involved school newspapers that were part of the institution.
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