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...clear, however, that the events are morally equivalent. While no honest person would question the brazen offensiveness of the flyer, there is room for debate about whether the actions of Camara and Scholl rise to the same level...

Author: By Jason L. Steorts, JASON L. STEORTS | Title: Shades of Offense | 4/26/2002 | See Source »

...nigger’ word more often than before the incident.” Shortly thereafter, approximately 80 students found flyers in their mailboxes that contained a swastika, anti-Semitic statements, and the text of the anonymous e-mail. That e-mail was later traced to first-year student Matthias Scholl, who denied knowledge of the flyers’ origin...

Author: By Jason L. Steorts, JASON L. STEORTS | Title: Shades of Offense | 4/26/2002 | See Source »

Reaction was fierce. An e-mail from HLS administrators called the events “appalling things.” The Black Law Students Association (BLSA) organized a protest and, in a statement published in the Harvard Law Record, demanded that Scholl and Camara be disciplined...

Author: By Jason L. Steorts, JASON L. STEORTS | Title: Shades of Offense | 4/26/2002 | See Source »

First, there is the crucial question of intent. Camara insists his epithet was an unconscious note-taking shorthand. Scholl says he meant his e-mail as a substantive defense of free speech. Now you can, if you like, accuse Camara of harboring a personal bias and Scholl not only of phrasing his argument in a wretchedly insensitive manner but of using a word he knows to be offensive more frequently. But, if they are taken at their word, you cannot say they acted solely and consciously to offend. That more serious accusation is true only of the flyer?...

Author: By Jason L. Steorts, JASON L. STEORTS | Title: Shades of Offense | 4/26/2002 | See Source »

There is also the matter of how the slurs were used. The flyer used epithets to address its audience. Camara used an epithet to describe a group of people. Scholl used an epithet to refer to the epithet itself. The degree of offensiveness seems to decrease as one moves down the list...

Author: By Jason L. Steorts, JASON L. STEORTS | Title: Shades of Offense | 4/26/2002 | See Source »

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