Etcetera

Please Make That Story Disappear

MayorBob.

Posted to Etcetera on Sun Aug 17, 2008 at 09:50:53 AM EST (promoted by port1080). RSS.

Shakespear Feyissa is learning a few lessons. Lesson one is that your actions can have unintended consequences. Lesson two, once something gets reported on the internet, it's awfully tough to expunge. Feyissa, a practicing Seattle lawyer, says something that happened over ten years ago is causing him pain and anguish because it can easily be googled. He says the original controversy blew over, so how about deleting that report? Problem being that the report in question is in a school newspaper archive. And the student journalists say once reported, forever archived

The Feyissa case began back in 1998 when he filed a complaint with federal authorities charging his school, Seattle Pacific University (SPU) with racial discrimination. Feyissa had been suspended by SPU following his arrest for sexual assault, charges which were subsequently dropped. Feyissa, an Ethiopian immigrant, filed a complaint stating that SPU's discipline was over-harsh because of his race and national origin. Following a four month investigation, SPU was cleared. This made the school very happy. This left Feyissa very unhappy. This was all documented in a story in the school newspaper, The Falcon.

So unhappy was Feyissa by the outcome of his complaint against the school he called "like the KKK" he began filing a series of lawsuits against SPU. This ended in 2006 with a final dismissal of his claims by the Washington state Court of Appeals. Exhausting his legal arguments against the school for the suspension, he now turns his attention to the next thing that bothers him - the reporting of his suspension and his original complaint. He has been quietly trying to get SPU to go along with voluntarily removing the story, which is easily googled everytime someone searches for Feyissa. His problem with the story are the words he spoke back in 1998, calling the school "like the KKK." He's also bothered by the statement of an SPU official who said Feyissa was "a threat to persons on campus." He also says the knowledge that he was once arrested on suspicion of sexual assault is playing hell with his dating life. All that quiet work must have paid off because SPU authorities agreed to remove the story and asked the student editors to comply. The student editors said they couldn't because "we have principles in journalism that don't allow us to put stuff in the memory hole and pretend it never happened."

SPU originally asked for removal of the story back in late 2006. The refusal of the editors has now lasted a full two academic years. The school's concern is money; everytime Feyissa calls the school to ask for removal, he talks to the school's attorney and billable hours ensue. According to Don Mortenson, school vice president for business, "I'd love to have the students pay for it (the attorney's time) next time." In the mind of Mortenson, the story is unimportant and not worth standing up for. In the mind of the editors, including incoming editor Evi Sztajno, it's all about the First Amendment. What SPU authorities want is access to The Falcon's servers. According to Sztajno, as a private school SPU could probably "come right in and take the story down." Instead, they keep asking permission, a permission which can't be granted due to concern over freedom of the press.

Tags: edited by Port1080, written by MayorBob, lawsuit, discrimination, college, First Amendment, internet, Google (all tags)

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1

SLAPP him back

gerrymander.

Sun Aug 17, 2008 at 01:14:22 PM EST

4.00 (astute, interesting)

If SPU is unhappy with repeatedly dealing with Feyissa, they have a meas at their disposal to get him to stop. SLAPP legislation is intended for exactly this kind of situation. SPU should countersue Feyissa with the intent of foreclosing any subsequent suits relating to the 1998 charges.

2

^ 1

Re: SLAPP him back

delete me.

Sun Aug 17, 2008 at 02:30:48 PM EST

4.50 (funny, astute)

SPU probably should do that, but their lawyer might be pretty happy with being paid to deal with Feyissa all the time.

- derumi (del-me)
"Bobby Fischer? Man, that guy is crazy!" - Mike Tyson

11

Re: Please Make That Story Disappear

sum1smom.

Tue Aug 19, 2008 at 09:24:35 AM EST

4.00 (interesting)

You're right Bob, it appears to me (a person who never cared about this whole business) that Shakespeare is suffering from arrested development. It would appear that maturity and self-discipline are in short supply. He should be spending his money on psychiatric care not litigation. Moving on would appear to be his only option. What's interesting here is that he has, in fact, become the menacing figure that SPU feared back in the 1990's. No winners here. What a waste for everyone.

BTW the Falconer staff could save everyone some time by removing this insignificant story from its servers...here too to it seems that a dose of maturity would end this (not to mention some Christian love).

12

^ 11

moving on and the memory hole

wetkarma.

Wed Aug 20, 2008 at 04:14:32 AM EST

5.00 (interesting)

The core problem seems to be that he is unable to move on in an age where everyone can 'google' you - with the results not necessarily reflective of reality.

As a personal example - while I've made strenuous attempts to separate my name from the internet - it nevertheless shows up in a few places (linked in/various security related academic papers  etc.). Whats amusing is that my name while not as common as say John Smith, is still not completely unique. Even more amusing is that there are at lease two other security professionals with my name on the internet. What this means is that when you 'google' my name..even restricting to mention of 'security' it seems like my name has some karmic connection to security issues.  According to google I am

a) A Navy Lieutenant with a masters in national security
b) An assistant professor of computer science
c) A prolific author of security papers
d) A UN worker who concentrates E. Timor security issues

Now the truly fascinating thing is that from a 'simple' google, its not clear at all that these are all different people. Fortunately for me, none of these 'hits' are detrimental to my reputation/career prospects -- but I can easily imagine if one of my dopplegangers were to engage in criminal activity, how awkward 'proving' how its not really me would become.

Memory is a strange bell, jubilee and knell.

13

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increasing plausible deniability by any means

thefadd.

Thu Sep 18, 2008 at 08:56:09 PM EST

none

The key of course being...to make sure there are lots of you's out there...

It is easy to buy small plaster models of what you think life is like.

3

Re: Please Make That Story Disappear

DEMachina.

Mon Aug 18, 2008 at 07:16:56 AM EST

none

I'm only but so sympathetic.  If this were something that happened when he was much younger, maybe I'd see his point, but by college age you should know better.  As for the charge against him, that definitely sucks, and it is a pity that in the court of public opinion you're guilty once charged, even if you are proven innocent later.

Moreover, a lawyer's public life is far from private by its nature.  Everything you file in court is public record, as are the transcripts of almost every case you argue.  Most state bars (I know Virginia's does this) publish, both online and in their newsletter, the names and business addresses of all lawyers subject to discipline (be it a reprimand, sanction, suspension, disbarment, what have you).

So I'm glad the editors of the newspaper are refusing to remove the story.  The fact that we have a term for it, memory hole shows what a problem this is becoming.

Q: What do you think of western civilization? Gandhi: I think it would be a good idea.

4

Too late now

port1080.

Mon Aug 18, 2008 at 07:39:58 AM EST

none

How man blogs have now covered this case?  How many major media outlets?  Feyissa might as well give it up now - even if he gets the original story taken down, there's far too much collateral coverage out there for him to cover this up now.

5

^ 4

Re: Too late now

skeeter1.

Mon Aug 18, 2008 at 09:56:37 AM EST

none

Well, FWIW, I had my experience in juvie court 40 years ago.  Those records have (to the best of my knowledge) been expunged.  There was no internet back then.  Feyissa was acquitted, and the school held not responsible for the paper.  I fail to see where there's any story here.  

there's only one way to find out...

6

^ 5

Re: Too late now

skeptic.

Mon Aug 18, 2008 at 10:22:03 AM EST

none

But that is the story, that it is much harder to expunge internet records than to expunge legal records.  We are now dealing with all sorts of new consequences of the internet, and we are still discovering what they are.  In the future, the whole concept of expunging legal records may become obsolete, because it will always be possible to learn about past criminal convictions, whatever their subsequent status may be.

I am not sympathetic to the problems that Feyissa is now having in getting dates, when his prospective girlfriends google him and learn of this problem that he had with his school.  If Fayissa is actually a decent human being who does not abuse women, and if the question of his past should arise, he should be able to explain this incident to the women whom he wishes to date.  And if it's not so easy to explain, maybe women are right in avoiding him.

8

^ 6

Re: Too late now

thefadd.

Mon Aug 18, 2008 at 02:28:04 PM EST

none

He could legally change his name.

It is easy to buy small plaster models of what you think life is like.

9

^ 8

Re: Too late now

skeptic.

Mon Aug 18, 2008 at 02:47:44 PM EST

5.00 (astute)

Now that is a constructive suggestion.

10

^ 9

Re: Too late now

T Slothrop.

Mon Aug 18, 2008 at 10:27:38 PM EST

none

And severing the link to the newspaper story wouldn't be the only benefit of a name change. I mean, really, would anyone pick that name out of the yellow pages as someone they'd want on their side?

{Insert amusing quotation here}

7

^ 5

Re: Too late now

MayorBob.

Mon Aug 18, 2008 at 10:28:32 AM EST

none

Feyissa wasn't acquitted; he was never charged. The story still exists on the school newspaper's server, which the school has seen fit not to claim control over (not knowing the exact legal and financial relationship between the school newspaper and the school makes me less liable to say they can just go in and delete the story themselves).

The problem here is Feyissa and his obsession with his arrest while at the school. Essentially, he has kept up a 10-year crusade to have one newspaper story removed, investing God knows how many hours of his own time, not to mention wasting the money of the school in defending itself against him. At this point, he's responsible for laying the whole story out there ten years after it should have just been a done deal. One wonders how many clients he may have lost along the way not so much because he was arrested in 1998 but for the fact that he looks like he doesn't have the self discipline necessary to focus on litigating a case properly for a client?

Illegitimi non carborundum.

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