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MEMO
To: Drake University Students, Faculty & Staff
CC:
From: David Maxwell, President
Date: 2/10/2004
RE: Subpoena
On February 3, 2004, Drake University was served with a grand jury subpoena asking the University to provide information related to a meeting on November 15, 2003 of the Drake University chapter of the National Lawyers Guild. The subpoena also requested all records which would identify both the officers of the Drake Chapter of the National Lawyers Guild and the location of their offices on campus. That subpoena was withdrawn on February 6, 2004, and replaced with a new subpoena that was narrower in scope. This second subpoena did not request documents pertaining to the National Lawyers Guild. It did, however, request University records relating to the scheduling of the November 15, 2003 meeting, including any documents identifying the persons attending the meeting and all records of Campus Security which might describe the content of what was discussed at the meeting.
Upon receipt of the original subpoena, University officials expressed concern that compliance with the subpoena without notification of the individuals whose education records might be produced could be a violation of the Federal Educational Rights and Privacy Act (FERPA), which places restrictions on the University's ability to release information to third parties. However, in certain instances, FERPA does allow for the issuance of a nondisclosure order prohibiting educational institutions from disclosing to anyone the contents or existence of certain grand jury subpoenas. The U.S. Attorney's Office requested, and received, two orders from the Federal Court, which, until now, prohibited Drake officials from commenting on the existence or content of the subpoenas.
On Monday, February 9, 2004, Drake University counsel informed the United States Attorney's Office of the University's intention to file motions to both lift the nondisclosure orders and quash the existing subpoena. On February 10, 2004, the University received word from the United States Attorney that the nondisclosure orders had been lifted and the subpoena has been withdrawn. As a result, the University is now free to discuss publicly that which it had intended to inform the court through its motions and supporting affidavits.
"Whatever one's views of the political positions articulated at that meeting, the University cherishes and protects the right to express those views without fear of reprisal or recrimination," President Maxwell said in an affidavit drafted in support of the University's motions. "The university in America is, by definition, a 'free speech' zone in which dissent, disagreement and multiplicity of views are not only tolerated, but encouraged. Rather than stifling the voices of those who disagree, we passionately believe that it is only possible to arrive at the truth through the rigorous examination of all options and all views."
Maxwell referred to a 1991 Statement of Principles approved by the Drake University Faculty Senate, and cited the following passages:
"Drake University upholds freedom of thought and freedom of expression as central to its educational mission. Drake therefore carefully refrains from restricting the exchange of ideas or regulating the content of speech. We realize that freedom of thought and freedom of expression produce conflict and challenge."
"We affirm the principle that thoughts and opinions should be subject to the crucible of debate and judged only in the free marketplace of ideas. Ideas will not be suppressed because they are presently viewed as unpopular or inappropriate by current authorities, nor will expression of those ideas be infringed because it may be perceived as harmful to a particular group or organization. . . the principle of free exchange and inquiry takes precedence as it is fundamental to the educational enterprise."
Maxwell concluded, "To prevent members of the University community from speaking out is asking us to betray all that the University stands for and to undermine the unique and vitally important role that we play in the fabric of American democracy." He said, "The University community must be free to discuss openly those on-campus activities which are protected and encouraged by the University's Statement of Principles."
This statement, along with all affidavits submitted by the University, copies of the subpoenas, and supporting information, will be available to the press and others from the Office of Marketing & Communication.
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