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Class of 1969 Discussions

 

Forum: The State of the Campus

TOPIC: 

Gibson's Case

Created on: 05/12/19 11:46 AM Views: 1226 Replies: 5
Gibson's Case
Posted Sunday, May 12, 2019 11:46 AM

The Gibson's lawsuit against Oberlin and its Dean of Students has gone to trial.

http://www.chroniclet.com/cops-and-courts/2019/05/10/Attorneys-lay-out-case-in-Gibson-39-s-lawsuit-against-Oberlin-College.html

 
RE: Gibson's Case
Posted Sunday, June 9, 2019 07:48 AM

A verdict has been reached.

https://lawandcrime.com/high-profile/ultra-progressive-college-hit-with-11m-in-damages-for-taking-sides-in-racial-profiling-case-that-wasnt/amp/

 

 
RE: Gibson's Case
Posted Friday, June 14, 2019 06:37 AM

The punitive damages have been announced.

https://www.toledoblade.com/local/education/2019/06/13/jury-hits-oberlin-with-31-million-punitive-damages-bakery-protests/stories/20190613148

For Forbes, Evan Gerstmann of the Class of 1983 details his objections. 

https://www.forbes.com/sites/evangerstmann/2019/06/13/ohio-jury-hits-oberlin-college-with-ferocious-and-illegal-punitive-damages/#2b31aa152b9a

Presumably there will be additional steps in the legal process.

 
RE: Gibson's Case
Posted Friday, June 14, 2019 12:28 PM

Wayne Alpern forwards the following article.

https://academeblog.org/2019/06/13/the-dangerous-defamation-judgment-against-oberlin-college/

President Ambar has written to Members of the Oberlin Community:

"... Let me be absolutely clear: This is not the final outcome. This is, in fact, just one step along the way of what may turn out to be a lengthy and complex legal process.   I want to assure you that none of this will sway us from our core values.  It will not distract, deter, or materially harm our educational mission, for today’s students or for generations to come.  … We respect the integrity of the jury, and we value our relationship with the town and region that are our home.  We will learn from this lawsuit as we build a stronger relationship with our neighbors.  This has been a remarkable year for the college and conservatory.  There is unprecedented unity around an ambitious new vision for Oberlin. The work of fulfilling that vision is already underway. Long after this lawsuit has receded from memory, that work will shape Oberlin’s future."

 
RE: Gibson's Case
Posted Monday, June 24, 2019 07:46 AM

Anne Brooks (Hormann) sent a link to a piece about the Gibson’s issue, “a national billboard on which the fault lines splintering the country were sadly advertised.” 

“The Gibsons’ lawyers, urging the jury to read larger lessons into this case, encouraged the jurors send a message to this ‘billion dollar company’ that lay within their reach. Oberlin College would be made to stand in for those responsible for the humiliation and economic devastation of small-town America.”

“The millions awarded to the Gibsons – certain to be trimmed down on appeal – will take a dramatic toll on the college which, like so many others, is financially squeezed despite its endowment. It will only increase the likelihood that staff, many of whom live in town and shop in its stores, will be laid off. Yet I hear no indication of this mutual dependence when I pick up my paper at Gibson’s. What I hear, rather, is talk of how the store should wring everything possible out of their ‘rich’ neighbor.”

“The jury’s decision in the Gibson’s suit will not heal the town, does not offer a way forward, and will make it even harder for the town and Oberlin College – working together as they should – to address the very real issues that plague us:  the income inequality that increasingly has hollowed out Lorain County and so much of the country, the sense of entitlement that underlies the actions of some students at elite colleges like Oberlin, and yes, the racism that blights town and college alike.”

It was written by Emeritus Professor of History Steven Volk.  Chip Hauss recalls that Steve spoke at our 45th, having won a national Professor of the Year award for his work on using technology and individualized projects in the classroom.  Here’s the link to the full article:

https://steven-volk.blog/2019/06/20/oberlin-college-v-gibsons-bakery-local-issues-national-angers/?fbclid=IwAR0_4cwb59d8SfiUaPVVgYZyQWKy5CYyNHusdAmdkAhXkYrCx1g692BSrEQ

 
RE: Gibson's Case
Posted Thursday, June 27, 2019 03:52 PM

Competent counsel can find several firm legal bases for a strong appeal, and I hope they do.

Nonetheless, some of the College's responses to date have been troubling, including those in a recent set of FAQs from President Ambar. Putting aside the evidentiary matters in dispute (such as the actual behavior of the Dean of Students during the demonstrations), I hope to see another set of FAQs from the President in the near future that address legitimate concerns about the school's on-going policies.  I specially suggest she respond to the following:

While it is intuitively obvious that academic freedom requires open discussion in the actual campus setting, why does the College feel obligated to protect the students' First Amendment rights in the public sphere?  Does this sense of responsibility extend beyond the town of Oberlin, to perhaps Cleveland or Houston?
 
Does the College agree that those who republish (recommunicate) information which is subsequently determined to be defamatory are subject to the same liability as those who first create the defamatory speech or other libelous material?  If so, what future steps will be taken to assure that the College is not deemed a republisher when it renders assistance to a student engaging in controversial speech in a public (non-academic) forum?
 
If the College values the free exchange of ideas, why should the Dean of Students or any other member of the Oberlin community be barred from expressing contrary opinions, if they have them, to students or others?  Isn't that proscription a violation of academic freedom and the Oberlin tradition?