An Open Letter to Gene Smith
By John Porentas
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The ease with which you describe your turnaround on Jim Tressel made me queasy. In your mind, it is totally justified but in large part remains unexplained other than your remark that "the situation deteriorated ." The lack of detailed explanation is both sad and alarming. Did it deteriorate because of new facts you learned, or because you simply succumbed to outside pressure? Your failure to explain clearly how it deteriorated is serious, but it was your absolute statement that you "have done nothing wrong" that almost had me running to the toilet to lose my breakfast.
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Legal Opinion
The Ohio State University is an instrumentality of the State of Ohio (see O.R.C. ? 3345.011). As an instrumentality of the State of Ohio, its actions are governed generally by the same constitutional limits as is any governmental agency pursuant to
the Fourteenth Amendment to the United States Constitution.
Where press facilities are made publicly available as a source of information for newsmen, the protection afforded newsgathering under the first amendment guarantee of freedom of the press, the constitution prohibits the arbitrary denial of access for less than compelling reasons.
Cont'd ...
