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Jake Baker |
Case Type: |
Actual.
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Exigence: |
In October, 1994-January 1995, Jake Baker, an undergraduate at the University of Michigan posts four stories graphically describing the kidnapping, rape, torture and murder of women to the USENET newsgroup alt.sex.stories. In one of the stories, the woman is identified by the same full name as a woman Baker knew from a class. A sixteen year old girl in Moscow (sic) reads the USENET stories, reports them to her father, who reports them to a Michigan alumnus, who reports them to the University.
When confronted with the information, Baker admits he wrote the stories and allows the University to search his computer, turning up emails to and from a Canadian address of "Arthur Gonda" in which Baker describes (among other things) a method for kidnapping women who live in his dorm. In these emails, Baker also says "Just thinking about it anymore doesn't do the trick ... I need TO DO IT" and corresponds with "Gonda" about when.
Without a hearing, the University suspends Baker and bars him from the campus on the grounds that he poses an immediate threat to the named woman. A few days later, Baker is arrested by the FBI and charged with violating 18 U.S.C. § 875(c), which prohibits "transmission in interstate or foreign commerce of a communication
containing any threat to kidnap any person or any threat to injure the person of another."
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Audience: |
The trial court; the University community; the general public.
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Possible |
For a thorough archive of materials related to the case, see the Jake Baker Information Page maintained by Peter Swanson at the University of Michigan. A less complete archive is maintained by the Electronic Frontiers Foundatione. The case got national media coverage--including a piece in Time magazine. The Trincoll Journal published a commentary on the case by Adam Miller. The University of Michigan Law School--where, as it happens, Catherine MacKinnon is a professor--held a forum to discuss the case. MacKinnon also wrote an amicus brief on behalf of the Michigan student Baker named. The ACLU submitted an amicus brief on behalf of Jake Baker. The District Court's opinion dismissing the charges against Baker. The Circuit Court's decision affirming, with one dissent, the decision of the trial court. Northwestern carries the USENET newsgroup alt.sex.stories; you might want to see what sort of material is there now.
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Decision: |
The federal case against Baker was dismissed by the District Court and that judgment affirmed by the Circuit Court; Baker left UM and became a student at another university.
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Related |
Harm to individuals Offense Internet Universities Sex Art |
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Notes: |
None.
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For help
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Copyright © 1998 Jean Goodwin. All rights reserved. jeangoodwin@nwu.edu Last updated The Free Speech website, http://faculty-web.at.nwu.edu/commstud/freespeech/ |
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