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Introduction: In a Pittsburgh federal court a well connected corporate crony has suggested a novice "integrity" free speech argument and the legal question is waddling without any legal precedent in need of an activist court.
Creating the free speech crisis is a "red herring" to draw attention away from the plain and clear evidence of the Pittsburgh Federal Court proceeding (best example of the corruption).
Ward Churchill was a relatively unknown professor at the University of Colorado at Boulder, until Bill O'Reilly reported a piece about him and requested his audience to make a fuss. Mr. Churchill's provacative essay was written more than three years ago.
The Western Pennsylvania connection:
Ms. ElizaBETH Hoffman, native of Bryn Mawr, Pennsylvania, is the President of Colorado University. Go to http://www.hss.caltech.edu/Photos/Alumni/HoffmanElizabeth.jpg and/or http://www.colorado.edu/Carillon/volume47/images/1.jpg to view her picture.
Ms. Mary BETH (Rue) Kotcella Buchanan, native of Roscoe, Pennsylvania, is the U.S. Attorney for Western Pennsylvania. Go to http://www.pittsburghlive.com/photos/2002-02-26/PH_2002-02-26_iattorney-b.jpg to view her picture.
Background: I attended undergraduate school with Ms. Buchanan. At the Pennsylvania University I succesfully re-established (and served as president) the pre-law society and graduated in 1983. Here Ms. Buchanan would become interested in the law. She graduated after me in 1984.
In addition, I was listed in Who's Who Among American Colleges and Universities, and given the 1983 Progressive Leadership Award, and 1983 Distinguished Honor Award.
Before joining the U.S. Attorney's Office in 1988 Ms. Buchanan secured a clerkship with U.S. District Judge Maurice B. Cohill, Jr.
Judge Cohill is the Western District Judge responsible for enforcing a consent decree governing United States of America v. Port Authority of Allegheny County, Docket No. 91-CV-1694. However, he turned a blind eye to my case Docket, No. 95-CV-00339. I had organized (secure a union) a political sub-division.
During that same year members of the state judiciary were charged and convicted for violating my civil rights (fixing cases against me in retaliation of Docket No. 95-CV-00339).
In a case related to Docket No. 95-CV-00339, an alleged EEOC investigative file was prematurely purged and the U.S. Department of Labor refused delivery of its copy despite a subpoena, FOIA Request and Motion to Compel. See Docket No. 98-CV-230. That is, the Department of Labor closed its investigation based on the alleged EEOC decision. But, I had proffered to the court EEOC writings that demonstrated no investigation was conducted.
Discussion: At issue is the reauthorization of the Higher Education Act. The Bush administration is attempting to change the 50 percent rule. That is, financial aid is available for postsecondary education provided at a college or university that has at least 50 percent of its students campus-based.
Corporations have paid Senators and Congress men and women well, attempting to change the 50 percent rule. The rule is necessary to prevent fraud (absentee students and/or diploma mills).
It appears at least three corporations have abused the administration's Distance Education Demonstration that wavied the 50 percent rule.
The Career Education Corporation of Hoffman Estates, Ill., has faced lawsuits, from shareholders and students, contending that, among other things, its colleges have inflated enrollment numbers. In addition, F.B.I. agents raided 10 campuses run by ITT Educational Services of Carmel, Ind., looking for similar problems.
Nonetheless, the S.E.C. and FBI investigation appears to be spin to make it appear the administration is doing its job.
The Pittsburgh case involves Kaplan, Inc., who is wholly own by the Washington Post Company. For-profit postsecondary education has turned the company around. Individuals far more powerful than Martha Steward have made millions.
Thus the current unexplained campaign against “free speech” appears to be little more than another Madison Avenue scheme to control any discussion.