Mark Shubin

Posts Tagged ‘constitutional’

NGA protesters may be punished by Penn State

Monday, July 6th, 2009

Criminal charges were dropped after the convention. Activists called the situation unfair, a double standard.

By Daryl Lang

Collegian Staff Writer

Penn State is considering whether to punish three students who refused police orders to leave a university building during a July protest, the students said yesterday.

The students said the situation is unfair because their case has already been heard in court and the criminal charges against them were all dismissed.

“It’s just a pathetic attempt to try to pin something on us,” said Justin Leto (senior-computer engineering), who organized the protest.

The protest is the third recent incident in which Penn State’s Office of Judicial Affairs has taken on a controversial legal matter, including a case when the office declined to punish a football player charged with assault.

Penn State spokesman Bill Mahon said yesterday that the university’s judicial process concerns whether students broke a university rule, something separate from a criminal charge.

The three student demonstrators — Leto, Robyn Stephens (senior-sociology) and Michelle Yates (junior-women’s studies) — each were called to meet with the director of judicial affairs. The meetings took place over the last two weeks.

Each declined to admit any wrongdoing and will have their case decided at judicial hearings that have yet to be scheduled.

Working as a group called “Redirection 2000″, the students waved signs and banners on July 10 to protest the failure of the National Governors’ Association Annual Meeting to respond to the menu of causes they support.

Several students climbed through a second-floor window in order to hang a sign on a balcony facing a governors event at the HUB-Robeson Center. Penn State Police Services ordered the students to leave and arrested five of them.

“Being on the ledge wasn’t something the university approved of, and it wasn’t safe,” said Mahon, who said he was present at the demonstration.

After their arrest, police charged all five students with “defiant trespass.”

At a July 20 preliminary hearing, District Justice Daniel Hoffman dismissed all the charges against the demonstrators.

But recently, three of the students were called before Joseph Puzycki, Penn State’s director of judicial affairs, for disciplinary action.

Penn State accused Leto, Stephens and Yates of “failure to comply with a directive” and “unauthorized use of university buildings/facilities,” the students said in a statement.

Penn State never figured out who the other two arrested demonstrators were, Leto said.

Puzycki allowed State College attorney Andy Shubin, who is representing the students free of charge, to sit in on one of the meetings, Shubin said.

Shubin wonders why the university keeps pursuing the case even after court testimony July 20 from Penn State University Relations Executive Director Steve MacCarthy. The students said MacCarthy had given them permission to be in the building.

“What’s upsetting here is that the university’s official and the top guy on the scene has already testified under oath,” Shubin said. “That testimony essentially exonerates them from any wrongdoing. . . . Of course, the university is a large institution and maybe the left hand isn’t talking to the right hand.”

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Penn State: Professors, students join 5-month vandalism battle at Penn State.

Wednesday, July 1st, 2009

OPYRIGHT 2007 Financial Times Ltd.

(From University Wire)

Byline: Alyssa Owens

Although an extensive debate between Pennsylvania State University Judicial Affairs and Olivia Guevara ended last week, the motives behind her prosecution are still being questioned.

Over the past five months, Guevara, a graduate student in the department of labor, has repeatedly challenged Penn State’s decision to prosecute her for vandalism and accused the university of singling her out to squelch her anti-sweatshop activism.

The battle has grown to involve 48 professors, labor departments from other universities, labor unions, concerned students from across the country and a local attorney who said Guevara’s First Amendment rights were at risk.

The charges stem from an incident on Sept. 27, when Guevara and several other activists chalked anti-sweatshop messages on several university buildings, including Old Main. Criminal charges against Guevara were dismissed because of a lack of evidence. However, Judicial Affairs asked for damage fees and issued a seven-year citation on her academic record.

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3rd Circuit: Parent Can’t Read Bible to Son’s Public School Class

Monday, June 29th, 2009

Shannon P. Duffy
The Legal Intelligencer
June 2, 2009

In the court battles over prayer in school, the cutting-edge cases are increasingly coming from the kindergarten classrooms.

The latest such case, Busch v. Marple Newtown School District, attracted six friend-of-the-court briefs when it went before the 3rd U.S. Circuit Court of Appeals and resulted in a 48-page decision with all three judges on the panel weighing in.

Voting 2-1, the court rejected the claims of the mother of a kindergarten student who said public school officials violated her First Amendment rights when they prohibited her from reading verses from the Bible — which she said was her son Wesley’s favorite book — during a program called “All About Me” week.

Writing for the court, 3rd Circuit Chief Judge Anthony J. Scirica said “parents of public school kindergarten students may reasonably expect their children will not become captive audiences to an adult’s reading of religious texts.”

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You have the right to remain nude

Wednesday, March 11th, 2009

PLEASANT GAP, Pa. — As an American, you have the right to mow your lawn in the nude, a state superior court has ruled. (more…)

Violent past of US Army’s torturer-in-chief

Wednesday, March 11th, 2009

The US Army soldier featured in the torture pictures that shamed America has a track record of violence, it was claimed last night. (more…)

Judge reduces charges in case

Wednesday, March 11th, 2009

The First Amendment debate surrounding The Daily Collegian photographer Michael Felletter’s charges in connection with the Oct. 25 riot spilled over into a Centre County courtroom Wednesday, months after the charges were first filed.
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High court upholds Pa. prison policy.

Wednesday, March 11th, 2009

Jun. 29, 2006 –The U.S. Supreme Court upheld a Pennsylvania prison policy yesterday, saying that officials have the legal authority to keep mainstream newspapers and magazines from the most incorrigible inmates. (more…)

Judge rejects charge against PSU activist

Wednesday, March 11th, 2009

STATE COLLEGE — A judge has dropped a criminal-mischief citation against a Penn State student activist, citing a lack of evidence from the university police department. (more…)

Widows file suit against bin Laden

Wednesday, March 11th, 2009

The Pa. women are working to cripple the terrorist’s powers. (more…)

UPPER PERK POLICE SETTLE CIVIL SUIT BY RED HILL FAMILY

Wednesday, March 11th, 2009

HELEN AND JOHN BURNS WILL GET AN UNDISCLOSED AMOUNT TO DROP CLAIM. (more…)