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Syracuse University: Disciplinary Investigations of Satirical Law School Blog

Syracuse University College of Law (SUCOL) student Len Audaer was told on October 18, 2010, that he was being investigated for harassment for his alleged involvement with the anonymous, satirical blog SUCOLitis about life in law school, which was meant to emulate The Onion. The blog included a disclaimer stating, "No actual news stories appear on the site." "Independent prosecutor" and SUCOL professor Gregory Germain had threatened Audaer with expulsion, without ever revealing what expression in particular justified the charges or even who was charging him. Just days after FIRE named Syracuse in The Huffington Post as one of the worst universities in the nation for free speech, Syracuse dropped the whole prosecution.

Case Materials

• "Transcript, "Syracuse Can't Take a Joke: Student Busted for Satirical Blog"," April 30, 2013
• "Victory: Syracuse University Drops Allegations Against Student Blogger," February 2, 2011: Syracuse University College of Law (SUCOL) has dropped its prosecution of law student Len Audaer more than three months after threatening him with severe punishment for "harassment" over his role in a fake-news parody blog about life in law school. "Independent prosecutor" and SUCOL professor Gregory Germain had threatened Audaer with expulsion over satire posted anonymously on the blog, SUCOLitis, without ever revealing what expression in particular justified the charges or even who was charging him.
• "Statement of February 1, 2011, from Len Audaer," February 1, 2011
• "Statement of January 28, 2011, from Len Audaer," January 28, 2011
• "Minutes, SUCOL Law Student Bar Association General Meeting, January 18, 2011," January 18, 2011
• "E-Mail from 'Independent Prosecutor' Gregory Germain, December 15, 2010," December 15, 2010
• "E-mail from Syracuse University Chancellor Nancy Cantor to FIRE Supporter, December 15, 2010," December 15, 2010
• "Syracuse University Threatens 'Harassment' Charges over Satirical Blog; Seeks Gag Order on Alleged Author," December 14, 2010: Syracuse University College of Law (SUCOL) has threatened a student with "harassment" charges for the last two months because of the content of a satirical blog about life in law school, but the university has refused to tell him what expression in particular justified the charges or even who is charging him. Worse still, SUCOL is now demanding a gag order on law student Len Audaer, his attorney, and any media outlets that receive information about the case. Audaer, who potentially faces expulsion, came to FIRE for help.
• "Professor Gregory Germain's Request for Gag Order (and Related Documents), December 14, 2010," December 14, 2010
• "Gag Order Proposed by Professor Gregory Germain, December 12, 2010," December 12, 2010
• "Syracuse Response to FIRE, November 1, 2010," November 1, 2010
• "FIRE letter to Syracuse University Chancellor Nancy Cantor, October 25, 2010," October 25, 2010
• "E-mail from Professor Gregory Germain to Len Audaer, October 15, 2010," October 15, 2010
• "'SUCOlitis' Blog Posts, October 12-18," October 12, 2010
• "'SUCOlitis' Blog Posts, October 7-11," October 7, 2010
• ""Where Do I Sue?" 'SUCOLitis,' October 19, 2010," October 7, 2010

Blog Entries

• "Censorship at Syracuse, Part II: No Excuse at Syracuse for Gagging Student Satire (VIDEO)," by Nico Perrino, May 23, 2013: In FIRE's latest video, the second in our two-part series documenting Syracuse University's student rights violations, we revisit the case of Len Audaer, a student at Syracuse University College of Law (SUCOL). Audaer was the subject of a lengthy school investigation into his alleged involvement with SUCOLitis, an anonymous, satirical blog about life in law school meant to emulate The Onion. Despite the protected nature of the speech in question and a lack of clear evidence of Audaer's involvement with the site, the school hung charges of "harassment" and threats of expulsion over Audaer's head throughout the course of the 120-day investigation. It was only after Audaer got in contact with FIRE that the university began to back down. "Because of FIRE," says Audaer, "Syracuse University College of Law stopped prosecuting me for exercising my right to free speech."
• "The Unique Free Speech Challenges Facing Student Satire and Humor," by Azhar Majeed, February 1, 2013
• "Gregory Germain Isn’t the Only One at Syracuse Who Disdains Free Speech," by Adam Kissel, February 15, 2012
• "Syracuse University’s Student Paper Laments Poor Speech Code Rating," by Lyzi Diamond, February 13, 2012
• "'SUCOLitis' Case at Syracuse Named One of 2010's Most Notable Events in 'Daily Orange'," by Joanna Brenner, August 24, 2011
• "Victory: Syracuse University Drops Allegations Against Student Blogger," by Adam Kissel, February 2, 2011
• "Syracuse Law Student Apologizes, Claims 'School Betrays Promises Made In Negotiations'," by Adam Kissel, January 31, 2011
• "Syracuse Statement Cements School's Top Spot on '12 Worst Schools for Free Speech' List," by Robert Shibley, January 28, 2011
• "Syracuse Prosecutor: 'There are a lot of people who have a sense of entitlement to free speech'," by Adam Kissel, January 24, 2011
• "Syracuse Law School Blasted by 'Daily Orange' for Prosecution of Innocent Student," by Adam Kissel, January 24, 2011
• "Instead of Slaying a Beast, Syracuse Creates a Monster," by Jordan Fischetti, January 10, 2011
• "At Syracuse University, Does 'Harassment' Mean Whatever Gregory Germain Thinks It Means?," by Adam Kissel, December 30, 2010
• "FIRE's Kissel in 'New York Post' on Syracuse's War on Satire," by Robert Shibley, December 21, 2010: Yesterday's New York Post featured an article by FIRE Vice President of Programs Adam Kissel about Syracuse University's ongoing and unjustifiable war on satire and parody. Syracuse's College of Law has been investigating student Len Audaer for more than two months over his alleged involvement in the anonymous SUCOLitis satire blog, which aimed to be like The Onion for the law school community. As Adam says in the article, instead of teaching the lessons of American freedom, "Syracuse is teaching the next generation of lawyers that the right not to be offended trumps the rights of free speech and due process."
• "Q&A on the Syracuse Free Speech Case," by Adam Kissel, December 17, 2010
• "FIRE Supporters Making Voices Heard on Injustices at Syracuse," by Peter Bonilla, December 16, 2010
• "Peter's Letter to the Editor on Syracuse Case in 'The Daily Orange'," by Azhar Majeed, December 16, 2010
• "'Chronicle of Higher Education' and 'Las Vegas Review-Journal' on Syracuse Case," by Adam Kissel, December 15, 2010
• "Syracuse Faculty Prosecutor Melting Down: If You Can't Stand the Heat ...," by Adam Kissel, December 15, 2010
• "Rogue Syracuse Prosecutor Reveals Gag Order and His Contempt for Free Speech," by Adam Kissel, December 15, 2010
• "'Normal Circumstances' at Syracuse?," by Samantha Harris, December 15, 2010
• "Syracuse University Threatens 'Harassment' Charges over Satirical Blog, Seeks Gag Order on Alleged Author ," by Adam Kissel, December 14, 2010
• "National Public Radio Affiliate Latest to Cover Syracuse's Investigation of Law Student ," by Peter Bonilla, November 16, 2010
• "Syracuse University College of Law Still Investigating Alleged Author of Satirical Blog," by Jordan Fischetti, November 10, 2010
• "Robert Takes On Syracuse University College of Law in 'Pajamas Media'," by Jordan Fischetti, October 29, 2010
• "Media Interest Heightens in Syracuse's Investigation of Satirical Law Blog as FIRE Intervenes," by Peter Bonilla, October 27, 2010
• "'Above the Law' on Syracuse Law School Parody Site," by William Creeley, October 21, 2010
• "Syracuse University Law Student Charged with Harassment for Satirical Website," by Peter Bonilla, October 21, 2010

Media Coverage

• "2L Glad He’s No Longer a 'Pariah' After Syracuse Drops Probe of Satirical Blog,"
  by Debra Cassens Weiss, ABA Journal, February 2, 2011
• "Law school gagging speech,"
  by Adam Kissel, New York Post, December 19, 2010
• "Law school student on 'Trial' for harassment,"
  by Thomas Mitchell, Las Vegas Review-Journal, December 15, 2010
• "Blog Satirizes Law-School Life, but Syracuse U. Officials Aren't Laughing,"
  by Marc Parry, The Chronicle of Higher Education, December 14, 2010
• "Law Student Rights at Issue at SU,"
  by Joyce Gramza, WRVO, November 11, 2010