A protest against racism, and a $31.5 million defamation award
Nathan Carpenter, editor-in-chief of the college paper, the Oberlin Review, said, "I think for me, when I'm looking at this as somebody who's been covering it since the lawsuit was filed, the questions at hand are no longer about shoplifting and no longer about whether students shoplifted. It's about whether students were, you know, in the right to say what they said during the initial protests, and whether the college is on the hook [for it]."
That is precisely the point; and last June a local jury found Oberlin College on the hook for $44 million in damages. The court has since reduced the award to $31.5 million, and Oberlin College has appealed that judgment.
So, the fundamental questions remain: Were the students justified in exercising their freedom of speech? And why is Oberlin responsible for what they said?
"I think the response to that is, let students be students, but don't aid and abet, support or encourage them when they're clearly doing something reckless," said Lee Plakas, who is lead attorney in the Gibsons' lawsuit against Oberlin. If he and his clients ever collect, $6.5 million has been allocated to legal costs.
"They tried to characterize this as a protest," Plakas said. "I think they turned it into a party to appease the students. They ordered pizza, used college funds to order pizza for the demonstrators. They used college funds for food and drinks and refreshments. They used college funds to buy gloves to make sure that the protesters' hands wouldn't get cold."
Koppel asked Carmen Twilley Ambar, who was not then, but is now President of Oberlin College: "Maybe what was before the jury was that the college administration did nothing to ameliorate the demonstration, did nothing to calm the students down? If anything, they appeared to be supportive of the demonstration without at that time knowing the facts."
"I don't think that's factually accurate," said Ambar.
"Well, did they know the facts at the time?"
"The college didn't know the facts. But it's not true that the college supported the demonstration."