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Che Café Collective
9500 Gilman Drive
Student Center 0323-C
La Jolla, CA, 92093
November ?#, 2002
Nick Aguilar, Student Policies and Judicial Affairs
Student Center B
9500 Gilman Drive MC 0329
La Jolla, CA, 92093-0329
Dear Nick:
Thank you for backing down and deciding to not try to censor our links.
It is unfortunate, however, that you are persisting in your censorship attempt by trying to control the content we publish. We would like to see a full explanation of how, exactly a redirect would violate 18 US 2339A, what you mean by "hosting", how, exactly, "hosting" would violate 18 US 2339A, and which specific forms of free speech and expression you think are illegal and why. We do not host the websites of the FARC, PKK, or any other FTO, so we would also like to know what makes you think that we do.
With regards to the Memorandum of Understanding between AS/GSA/Co-ops and the University (MOU), the University is free to comply with as many laws as it wants to, pursuant to Section II.(E), but it also needs to comply with the MOU. In this case, Section II.(B) requires that, "except in the case of emergencies, in the event that the UCSD Administration believes that a Co-op has violated one of the items described in paragraph II.(A) 1-7 above, it will provide the AS and GSA and the respective Co-op with written notice specifying the violations and an opportunity for the Co-op to remedy the alleged violation(s). Complying with the MOU would not have prevented you from following any law.
Section XIII.(A) of the MOU states that "in the event of disputes arising between Co-ops and UCSD Administration, the AS and GSA Oversight Committee shall attempt informal resolution of the dispute prior to initiation of formal grievance procedures. " Complying with this section of the MOU would not have prevented you from following any law either. While we recognize that, as you say, the email from Gary Ratcliff "does not replaces the UCSD Student conduct Coordinator's official notice of alleged misconduct," this is a dispute between a Co-op and the UCSD Administration. If you choose to continue to attempt to censor us, please do so through the proper channels.
If you do not respond within ten (10) days from the date of this letter, we will consider the matter dropped.
Co-operatively Yours,
Che Café Collective