Free speech, with respect
I have my doubts about any proposal Erskine Bowles might come up with for banning "hate speech" on UNC campuses.
First, he'd have to get around those pesky First Amendment questions.
Beyond that are the tricky practical problems:
What constitutes speech that's sufficiently hateful that it should be banned?
How do you make sure you don't use such policies to suppress expression that's simply unpopular or challenging?
What are you teaching students about tolerance for even offensive views?
And, how do you really contain speech anyway?
UNCG is dealing with an issue now that illustrates one of the problems. From a Statement Regarding Anonymous Sites on its Dean of Students Web page:
"Recently, many UNCG community members have expressed outrage to student government leaders and University officials regarding specific internet sites that disregard respect within our community. These sites allow individuals to anonymously post distasteful, damaging and defamatory statements about people by name. These posts can result in severe emotional distress and divisiveness.
"We ask that members of the UNCG community not visit or post on internet sites that allow hateful anonymous posting regarding others. ..."
The reference is to sites like juicycampus.com, which I'd never heard of until today. Indeed, it allows anonymous comments trashing anybody or anything in vile language. Pretty noxious stuff ...
... but beyond the reach of UNCG's Student Code of Conduct, Associate Dean of Students Brett Carter told me.
By the way, I like the part of the code that builds on the UNCG core value of Respect:
"An academic community of integrity recognizes the participatory nature of the learning process and honors and respects a wide range of opinions, ideas, and cultures.
"Violations of Respect may include but are not limited to:
"Threatening or causing physical harm or harassment; hazing; non-consensual sexual acts; conduct which disturbs the peace of the community; trespass on University property or premises; conduct which is disorderly; infringement on the rights or property of members of the University community; failure to comply with directions of University officials; hate crimes, violation of a University No Contact Order; any act or omission that a reasonable, intelligent college student knows, or should know, infringes on the rights or property of members of the University community. Lack of intent or knowledge may be a mitigating factor in determining sanctions but does not excuse harm to person or property."
Notice there's no reference to hate speech. However, hateful speech could lead to disruptions of the "peace of the community." There's room for interpretation there. Someone who instigates a brawl by shouting racist insults probably would be found in violation of the code and dealt with. It just takes prudent consideration of the circumstances to determine the right response.
But instances like that are going to be rare. More common, apparently, is the use of online instruments to disseminate offensive views. No policy that Erskine Bowles can devise will police that sort of thing. So maybe the wiser approach would be to educate students in the responsibility that goes hand in hand with the right of free expression.
No one's going to shut up college students. Getting them to respect, or at least tolerate, each other's point of view is part of what the university's mission ought to be.
Comments (7)
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Doug, do you think the N&R's series of articles 3 yrs ago giving publicity to the Wray "Black Book", where he received a tremendous amount of negative publicity and the charges and accusations now appear to be unfounded, could be considered "distasteful, damaging and defamatory." Here's where a community newspaper does it and now students do the same thing. I know the person who wrote them was not anonymous. But there's yet to be a single word of contrition from the author or the newspaper editor. JR says "real names" must be given so people can be held "accountable", but has the author of the above ever been held accountable? Doesn't seem so, so what's the difference?
JR, I've been reading over on your blog. It seems you're not too comfortable with some possible false accusations and claims coming your way. How's it feel, bud?
With the regime change, maybe you could pack up and move to Tennesee and get a Fed job, huh?
Students are just doing what they see "adults" and supposedly mainstream press doing. there's no civility, there's no apologies.
Anyway, Happy Thanksgiving to all the "real" people at the N&R
Posted on November 26, 2008 6:07 PM
I have my doubts about any proposal Erskine Bowles might come up with for banning "hate speech" on UNC campuses*Doug
You got that right! No doubt ole Erskine is feeling some of the Obama thought control victory for the future......Erskine has enough of problems, he got a out of control funded educational empire in North Carolina with inflated salaries, outragous stupid grants, for professional educational establishment idiots who couldn't find their way out of a Ivy Tower in daytime.
Erskine is sounding like republican Governor Sara Palin when it comes to banning books or attacking the first amendment on simple free expression issues.
No wonder, folks say that establisment Republicans and Democrat pols are the same when it comes to taking away your personal constitutional liberties
Posted on November 26, 2008 6:53 PM
JR -
Why are you not covering Mitch Johnson's 360 on the black book?
You must be crazy to think you've handled this whole Wray / Race / Black Book fiasco responsibly.
WHY ARE YOU NOT COVERING THIS?
Posted on November 29, 2008 5:25 PM
Doug, hopefully you don't think that's it not obvious that you are either being muzzled directly by the powers-that-be at the N&R, or voluntarily muzzling yourself out of job preservation concerns, in regards to the N&R's lack of cogent editorial coverge on goings on with G-Boro's city gov't.
You seem to be aware and very informed about events in Raleigh and elseware in the state etc. and even n Washington DC, while at the same time maintaining some kind of "curtain of silence" about local gov't., even though it some of the most egregious and outrageous examples of mismanagement and corruption in the state.
I mean, we understand it, we're not animals, and realize a guy's got to eat etc. We just want you to know that it's obvious, and you should really at least make an effort to kind of fake it, sort of like Allen does once in awhile.
Just trying to help.
Posted on November 29, 2008 11:57 PM
Doug, maybe you and Allen should hire a PR person at the N&R. Maybe it will "change the culture" at the N&R. Just have them manage your blogs for you and also communicate with your bosses and upper level management etc. so you don't have to bother if they would ask you silly things like WTF you are doing or why, or for information they need to make decisions etc. Oh, by the way, get other people like taxpayer sapps to pay for it.
Think about it.
Posted on November 30, 2008 10:45 AM
Thanks. I suppose I should be flattered that you simply won't rest until I state an opinion on a particular subject that has consumed you for the past months or years.
Posted on November 30, 2008 5:33 PM
Doug, I'm not following entirely. You're implying that an editorial writer expressing an opinion is out of the ordinary, or not expected, or has to be coaxed out?
Posted on November 30, 2008 10:16 PM