Noah Feldman, Columnist

A College Newspaper Takes the Right Stand

The University of Kentucky's efforts to squelch a report on a professor's sexual misconduct run afoul of the First Amendment.

Clarity needed.

Photographer: Andy Lyons/Getty Images

The University of Kentucky is suing its own student newspaper to stop the publication of documents relating to a report of sexual assault and harassment. The case, which is expected to be resolved this month, pits federally guaranteed student privacy rights against the First Amendment and the public’s right to know. It also involves policy questions about how universities should handle sexual misconduct. Privacy for victims -- and for those who might be accused and then cleared -- is extremely important. But freedom of the press outweighs those interests, especially because universities are at the center of a significant struggle to determine the best way to deter and punish such cases.

The Kentucky case began with charges of sexual assault and harassment against James Harwood, an associate professor of entomology. Two people went to the university’s equal opportunity office to complain about Harwood; the allegations involved five victims in total.