Commentary
Oregon Daily Emerald - Monday, December 9, 2002 - 3a
Diversity policies, speech are cases to watch in 2003
ns me umeraia s resident law stu
dent, I want to let students know
about two important cases the
Supreme Court will decide in the
new year. I
chose them for
their special in
terest to stu
dents and other
Emerald
readers.
Can the Uni
versity of Ore
gon be any less
diverse? The
Court will an
swer that
Philip
Huang
A different light
Guest commentary
In typical fashion, University Pres
ident Dave Frohnmayer has offered
another fatuous argument in defense
of the University’s pursuit of dollars
from whatever source is at hand.
Weighing in on the controversy sur
rounding radio station KUGN-AM
and its status as the “voice of the
Ducks,” Frohnmayer has argued that
to compel KUGN to stop broadcast
ing certain bigoted, right-wing talk
show hosts (whom I will not aggran
dize by naming) would amount to
censorship. On this point I would
agree with Frohnmayer. The Univer
Letterto the editor
Ruin your own body
If people want to damage their bod
ies with cigarettes or TWinkies, that is
their right; the problem is when it af
fects other people’s well being.
Smokers compromise other peo
ple’s health with their second-hand
smoke. How many people are killed
by the obese eating Twinkies? How
rnetoncal question in zuuo, when it
hears Grutter v. Bollinger, a challenge
to the University of Michigan’s law
school admissions program.
Also under review is the under
graduate admissions program. Two
issues are before the court: Whether
diversity is a “compelling state inter
est,” and whether Michigan’s pro
gram is “narrowly tailored” to ac
complish that goal. In 1978 in Bakke,
the Court struck down fixed ethnic
quotas but upheld diversity as a goal,
and affirmative action has been an
integral yet controversial part of
higher education ever since. Califor
nia and Washington already forbid
their schools to consider ethnicity
even as one factor in admissions.
If the Supreme Court overrules
Bakke, the University admissions
program — and the hopes of thou
sands of disadvantaged students —
will fall with it.
The justices will also consider the
case of Nike Inc. v. Kasky. The Califor
nia Supreme Court has ruled that cor
porations are liable for deceptive ad
vertising if they make misleading
public statements about their opera
tions.Nike had responded to news sto
ries critical of working conditions in
its sweatshops in Southeast Asia,
whereupon an activist sued the shoe
Uu should walk away from KUGN
sity should not attempt to influence
KUGN’s programming.
It should walk away. It is the Uni
versity’s right to affiliate itself, con
tractually and/or otherwise, with or
ganizations of its choosing. That
choice should favor organizations
that seek to promote the same values
and ideals that the University stands
for and avoid those that don’t. As the
station manager makes clear in his
remarks in The Register Guard (“UO
chief praises students, rejects
protests,” Nov. 16), KUGN’s primary
motivation is the bottom line — the
station is blind to all other considera
tions. That is their right. Apparently
the bottom line is Frohnmayer’s pri
about in public places like restau
rants and bars? Is the guy smoking a
pack of Camels or the guy eating his
dessert more invasive?
How much should we raise the tax
on cigarettes to pay for cleaning up all
the butts smokers flick to the ground?
I see a lot more cigarette butts than
Twinkie wrappers on the street.
How much does it cost taxpayers
to fight fires started by careless
mary motivation as well.
To suggest that seeking to termi
nate the contract with KUGN (or to
refuse to extend it) amounts to cen
sorship is like suggesting that it
would be censorship to refuse to lis
ten to KUGN, or to refuse to support
KUGN’s sponsors.
The people, and the University,
have a voice. Both voices need to be
used. But, as has been said and the re
cent election proves, people vote with
their pocketbooks. The same can be
said of the University of Oregon under
the leadership of Frohnmayer.
Bill Shaw is a first-year graduate student
in architecture.
smokers throwing lit cigarettes out
the car window?
The way I see it, smokers are getting
off easy even after the tax increase. If
you want to ruin your body with tobac
co, sugar or whatever your vice is, go
ahead. But if you want to ruin other
people’s bodies, pay up.
Justin Montgomery
senior
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company tor lying to the public. Con
stitutional law treats commercial
speech differently than non-commer
cial speech. The issue is whether a
company’s pubL j statements about
child labor, clear cutting and organic
food are commercial speech.
After all, those statements are likely
to influence consumers in their com
mercial decisions, particularly consci
entious shoppers in Eugene.
Contact the columnist
at philiphuang@dailyemerald.com.
His opinions do not necessarily
represent those of the Emerald.
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