More on Daily Californian cartoon incident

[Eugene Volokh]

    From http://opinionjournal.com/best/?id=95001271 .  Any thoughts on
this?  Would action by the student government be state action, and, if so,
would it be constitutional?  For those interested in seeing the cartoon
itself, it's at http://www.dailycal.org/article.asp?id=6327&ref=search; the
cartoonist's defense is at
http://www.dailycal.org/article.asp?id=6354&ref=search; criticisms are at
http://www.dailycal.org/article.asp?id=6352&ref=search .

                      Berkeley's student government is considering a
resolution
                      that would raise the paper's rent in retaliation for
publishing the
                      supposedly "racist" cartoon:

                           Whereas: Berkeley remains one of the few places
in the
                           world where a thoughtful, critical exchange can
occur from
                           people across a spectrum of backgrounds and
races,
                           without fear of reprisal or hatred, and

                           Whereas The Daily Californian’s editorial cartoon
of two
                           Muslims in the hand of the devil printed on
Tuesday, Sept.
                           18 shows a complete disregard for the value of
dynamic
                           intellectual community and a desire to understand
rather
                           than condemn, and . . .

                           Whereas The cartoon may fall within the realm of
fair
                           comment and free speech, but falls outside of the
realm of
                           human decency, sensitivity, responsibility and
respect . . .
                           therefore, let it be Resolved: That the ASUC
Senate, on
                           behalf of the Associated Students and the Cal
community,
                           strongly condemn the Daily Californian’s
Editorial cartoon
                           on Sept. 18, and call for a printed apology for
using bad
                           judgement during volatile times on its front
page, and be it
                           further

                           Resolved: That the ASUC Senate recommend to the
Store
                           Operations Board that it base the continued
occupation of
                           the sixth floor of Eshelman and rent rates in
future
                           contracts on the Daily Californian’s actions to
rectify its
                           complete insensitivity to the needs of its campus
and its
                           values; and be it further

                           Resolved: That voluntary diversity training, a
printed
                           apology, and a new record of dedication to truth
in
                           editorial and news content be considered steps
toward
                           such a rectification.

    Eugene
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