by Christopher Chow

While videotaping a speech by Tipper Gore at American University, student Ben Wetmore was assaulted and had his tape stolen by campus security. American University refused to press charges against any assailant, and instead punished Wetmore for "possession of stolen property" and "trespassing."

On April 8, Ben Wetmore and his friend, Nancy Kachadorian attended a speech by Tipper Gore at the university's Bender Arena. Gore's speech was sponsored by the American University Alumni Association and the Kennedy Political Union at a cost of $32,000. AU advertised the event, paid for by student fees, as, "free to American University students and alumni."

"I heard that the student government was spending $32,000 to have Tipper Gore come and speak. So I took my camcorder there and I took a tape," Wetmore told Campus Report. "Nancy and I were especially looking for any kind of prohibitions. At the beginning of the speech we were taping and the head of the student speakers bureau said there was no flash photography permitted. There was no flash on the camera so we thought we were good to go."

Wetmore sat in the back of the auditorium and began videotaping. Towards the end of Gore's speech, Wetmore was told by a plain-clothed man claiming to be campus security to stop videotaping and to step outside. When Wetmore asked for the man's identification, he refused. "You know, it's kind of weird when someone won't say who they are or what their name is. He wouldn't provide a business card or anything. I said I was not going to go with him unless he provided something. He looked kind of confused," said Wetmore.

Wetmore was then approached by a second man who grabbed Wetmore's arm and attempted to drag him out of his seat. When he resisted Wetmore told Campus Report, "He got frustrated and I asked him what he thought he was doing, who he was, and who he was with. He would have to provide some kind of credentials."

A third man approached Wetmore who represented himself as being Mrs. Gore's bodyguard and asked Wetmore to step outside so that he could explain the rules for recording Gore's speech. Wetmore was told he would be allowed to return to the event.

As Wetmore was led outside the auditorium he continued to videotape. Once outside, the three men allegedly slammed Wetmore against a wall and knocked him to the ground, pinning him down and handcuffing him. They also allegedly threatened to use mace on Wetmore if he continued to "resist arrest." He described the incident for Campus Report: "They said if I was resisting arrest they were going to have to use mace. I can't believe I had the clarity to say this at the time but I said, 'how can I be resisting arrest when you're not charging me with anything?'"

The men turned off the camera and removed the videotape. Wetmore was taken to a campus office and told that his tape was being confiscated because recording Gore's speech was prohibited. Wetmore was released and immediately called the Metropolitan Police Department to file charges against his assailants.

When the police arrived they spoke with all four men and informed Wetmore that if he attempted to file charges against the three men, he too would be arrested for assaulting them. "The MPD officer dismissed all my complaints, wouldn't file an assault charge. He said if I did try and file a charge just based on what he'd heard, he'd file charges of trespass and unlawful entry and assaulting an officer against me." Wetmore declined to press charges against anyone. "It was really frustrating to have the people that you employ for public safety interfere with a police investigation and interfere with filing an assault charge," said Wetmore.

The third man, who claimed to be Tipper Gore's bodyguard, turned out to be campus security guard David Lazarus. Wetmore stated to Campus Report that as the police officer was leaving, Lazarus vowed that since no criminal charges were being filed against Wetmore, disciplinary ones would be. "[Lazarus] tells the police officer, 'Oh you don't need to worry about it. We can take care of it. We cut this kid a break. We cut him a lot of slack when he was causing trouble earlier. We'll file charges against him through the University. You don't need to worry about it. We'll make sure he'll get his.' I thought he was just boasting. I thought he was just grandstanding for the cop. I didn't think he cared enough to file charges against me. Well, two weeks later, I got seven charges in the mail."

The seven charges brought against Wetmore by the Office of Public Safety included theft of Mrs. Gore's property, endangering the health and safety of any person, trespassing, interfering with university sponsored activities, disorderly conduct, interfering with the rights of other students, failing to comply with university officials, and attempting to engage in any other prohibited conduct.

Wetmore would have to defend himself in a trial before a campus tribunal.

Upon learning of the impending trial, Wetmore contacted the Foundation for Individual Rights in Education (FIRE). "FIRE is a nonprofit educational foundation devoted to free speech, individual liberty, religious freedom, the rights of conscience, legal equality, due process, and academic freedom on our nation's campuses," states FIRE.

FIRE wrote letters to the University administration urging them to drop all charges, arguing that AU had violated Wetmore's First Amendment rights by confiscating his tape. There had been no announcement of any rule prohibiting the recording of Gore's speech, they maintained.

Wetmore feels he is being targeted for his conservative political beliefs and his long-term criticism of the AU administration, particularly president Benjamin Ladner. Wetmore has launched a website criticizing AU's spending practices, Crazy Ben Wetmore. "It gives a lot of information. You know, we give the salary information. We give the contract information. We show pictures of extravagant spending on behalf of the university, you know, a lot of things that aren't covered by the normal media sources."

"It is shameful that American University has treated a student journalist in this appalling manner," said FIRE president Alan Kors. "American University jumped at the chance to silence a critic, without a care for free speech, journalistic freedom, and fundamental fairness."

FIRE provided Wetmore with Maryland attorney Jonathan Katz to represent him at the university trial. At the trial, Director of Judicial Affairs and Mediation Services, Katsura Kurita acted as both judge and jury member. The other two jurors deciding Wetmore's fate were Kurita's law clerk Andrew Sowell, and Sarah Prattson, a student who tried to impeach Wetmore when he sat on the student general assembly.

Kurita prevented Katz from putting on a defense. Katz and Wetmore were not allowed to show the video of the assault. The two campus security guards never testified that they provided Wetmore with their security IDs. One guard did state that he "adjusted his suit jacket so that Mr. Wetmore could see the badge on his left hip." Wetmore told Campus Report that this never happened. His friend, Nancy Kachadorian, also testified they were never shown security identification.

Kurita insisted that the confiscation of the tape was justified because of an alleged contract between Tipper Gore and the American University Alumni Association and the Kennedy Political Union, which according to Kurita prohibited the recording of Gore's event.

AU vice president Mary Kennard stated, "The University considers Mr. Wetmore's attempts to record Mrs. Gore's presentation without her express permission a violation of Federal copyright law and University policy prohibiting copyright infringement and theft of property."

Wetmore's requests for a copy of the alleged contract were denied. "Tipper won't provide it. AU won't provide it. We don't even know if it exists. We don't know what it says," stated Wetmore. "It's just on their good word that it exists."

Executive director of the Student Press Law Center, Mark Goodman, noted that even if the contract existed, the university had no authority to confiscate the tape. "The university has no copyright, no real ability to enforce anything. If the student had actually used copyrighted material in a way that is not fair use, Tipper Gore may have had a valid claim."

When reached for comment, Katsura Kurita would only refer Campus Report to David Taylor of the Office of the President. Taylor told Campus Report that Gore's alleged contract was with the Kennedy Political Union and not AU. He stated that the administration could not force the Kennedy Political Union to make the contract available.

Taylor explained to Campus Report that Wetmore's lawyer, Jonathan Katz, could not be present for the hearing because it was not open to the public. "It's not a trial and so that is not what is done for these types of things. I mean, we have dozens of these things every semester and the protocol is that you don't have legal counsel present because it's not a legal hearing."

Taylor said he did not know why Wetmore's confiscated videotape, which may have shown the assault, was not played for the tribunal at the hearing.

After taking the testimony of all those involved, the tribunal found Wetmore guilty of five of the seven charges, and not guilty of interfering with university sponsored activities and attempting to engage in prohibited conduct. For his punishment, he was stripped of his elected student position as president of Anderson Hall, ordered to attend a conflict resolution workshop, sentenced to perform forty hours of cleaning the Bender Arena, told to write a paper on "the topic of conflict resolution," and placed on one year of disciplinary probation. He was told that another incident would result in his expulsion.

Kurita hinted in her written judgment that Wetmore was being punished because of his long-term criticism of the AU administration. "The board is concerned that you are choosing to utilize confrontational tactics to address your personal agendas," she wrote.

In order to deter criticism about Wetmore's treatment, American University's vice president of campus life, Gail Hanson released a statement on July 26. She accused FIRE of using the incident as a "cause celebre" for political purposes, and of circulating "misleading and in some cases false information about what occurred." Hanson also cites the alleged contract between the Kennedy Political Union and Tipper Gore as the reason for confiscating the tape. "First and most importantly, American University has a proud tradition of support and defense of free speech, civil discourse, and personal rights and freedoms…. American University does not regard this matter as a First Amendment issue."

Wetmore's case is currently being handled by Washington attorney Solomon Wisenberg. "We are determined to pursue all available legal avenues and to use all means at our disposal to restore to Ben his rights as a journalist and as a student," said Wisenberg.

Wetmore told Campus Report that he will return to AU this fall and currently has no plans to sue American University. He hopes that the disciplinary matter can be resolved. "I don't want to sue my university. I want that as a last option, as a last resort," he said.

"AU has just played fast and loose with the truth, the First Amendment, and the rights of students," Wetmore concluded. "It's been pretty ridiculous."