Free Speech on Campus: Is It Really That Bad?
Posted on October 25th, 2012 in Uncategorized | 10 Comments »
In the New York Times, Greg Lukianoff, who works at an education-related think tank, argues that American colleges are doing more to suppress free speech than to promote it.
Since the 1980s, in part because of “political correctness” concerns about racially insensitive speech and sexual harassment, and in part because of the dramatic expansion in the ranks of nonfaculty campus administrators, colleges have enacted stringent speech codes. These codes are sometimes well intended but, outside of the ivory tower, would violate the constitutional guarantee of freedom of speech. From protests and rallies to displays of posters and flags, students have been severely constrained in their ability to demonstrate their beliefs. The speech codes are at times intended to enforce civility, but they often backfire, suppressing free expression instead of allowing for open debate of controversial issues.
Here’s a thought: Why not delete that phrase “political correctness”? At this point, it’s implicitly disdainful and the sentence reads more fairly and more accurately if it just says “…because of concerns about racially insensitive speech and sexual harassment.”
But as to the merits of the argument: Lukianoff says his group has studied 392 such codes, which is a lot more than I’ve studied. Some of his examples—like when colleges condone demonstrations to a “free speech zone,” and require students to apply for permits—are pretty disturbing. (We live with the same infringement of constitutional rights here in New York City under Mayor Bloomberg; c.f. the 2008 Republican convention, et al.)
Some examples are a slam dunk:
Some elite colleges in particular have Orwellian speech codes that are so vague and broad that they would never pass constitutional muster at state-financed universities. Harvard is a particularly egregious example. Last year, incoming Harvard freshmen were pressured by campus officials to sign an oath promising to act with “civility” and “inclusiveness” and affirming that “kindness holds a place on par with intellectual attainment.” Harry R. Lewis, a computer science professor and a former dean of Harvard College, was quick to criticize the oath. “For Harvard to ‘invite’ people to pledge to kindness is unwise, and sets a terrible precedent,” he wrote on his blog. “It is a promise to control one’s thoughts.”
Of course, that kindness vow was astonishingly idiotic, and whoever implemented it should probably be fired for lacking a basic understanding of what a university stands for. “Kindness holds a place on par with intellectual attainment”—that is truly cottage-cheese thinking. That said, it took some guts for Harry Lewis to stand up against “kindness,” which is the way that defenders of the vow probably framed the position. Or maybe just some exasperation.
Then there’s Yale:
In 2009, Yale banned students from making a T-shirt with an F. Scott Fitzgerald quotation — “I think of all Harvard men as sissies,” from his 1920 novel “This Side of Paradise” — to mock Harvard at their annual football game. The T-shirt was blocked after some gay and lesbian students argued that “sissies” amounted to a homophobic slur. “What purports to be humor by targeting a group through slurs is not acceptable,” said Mary Miller, a professor of art history and the dean of Yale College.
This is a bit trickier, because in F. Scott Fitzgerald’s day, the term “sissies” did indeed refer to homosexuals, and it really wouldn’t do to have a bunch of Yale students wearing t-shirts that call a bunch of Harvard men fags.
On the other hand, it is a quote from F. Scott Fitzgerald, and in this ironic context—we’re insulting you in a learned way!—it probably wouldn’t have a homophobic connotation.
Perhaps more importantly, in my opinion, students have the right to call each other fags if they want to. It’s not very nice and I wouldn’t recommend it, but that’s the way freedom of speech works sometimes. You’re not always going to like what people say, but they have the right to say whatever they want. Or they should.
So: I’m not entirely convinced by Lukianoff’s larger conclusion that colleges en masse are discouraging free speech, but it does seem plausible that some, maybe even many, colleges are creating the idea that speech which offends people can be regulated, and that’s just nuts.
10 Responses
10/25/2012 8:09 pm
“people have a right to say what they want” suggests support for allowing “no means yes” chants at Yale?
10/25/2012 8:32 pm
“like when colleges condone demonstrations to a “free speech zone,” and require students to apply for permits”
Like when?
condone demonstrations to? did you mean banish demonstrations?
10/25/2012 9:59 pm
GP,
I will defend vigorously the right to write “like when” when writing casually. As to “condone,” i’m guessing I meant “confine.” Bear with me; as a new father, I’m not sleeping a lot these days.
Anon, I’d defend their right to say it, no matter how stupid the “yes means no” thing was. I’m not sure I’d defend their right to say it in a drunken crowd lined up outside the women’s center. The combination seems to take the matter beyond the realm of speech and into a place of physical intimidation.
10/26/2012 3:56 pm
As much as I despised the “freshman pledge” referred to in the article, finding it at best horribly misguided, it is quite a bit of a stretch to call it a “speech code”. The pledge threatened ostracization of those who refused to sign, but it included no penalty against speech.
10/26/2012 7:30 pm
Lukianoff’s remarks about the “freshman pledge” were a complete cheap shot at Harvard. As Anonymous alum 3:56 said, the pledge had nothing to do with a “speech code”. It was not elicited by any kind of hate speech, or any other so-called “political correctness” issue, but by some students being unspeakably rude to Dining Services staff. It included no kind of sanction, either for not signing it or for not being nice, let alone for any kind of speech. It was an idiotic idea, and widely condemned by faculty, not just by Harry. So it wasn’t repeated.
Meanwhile, Harvard has no speech code. There is nothing about “offensive speech” in the student handbook, only about violence, harrassment, and threatening. So Lukianoff has no case.
Actually, an FAS committee did propose a speech code — this was over 20 years ago. Derek Bok was President; at the FAS meeting which considered it, he argued that Harvard should not restrict speech any further than the laws of the US and the Commonwealth did. The Faculty, seeing the virtue of his position, dropped the matter without further ado.
10/27/2012 4:55 am
Warren —
Thanks for this clarifying comment. I don’t think I ever said it was a speech code, but was I was too glad to have the support from people who said it was. Sometimes you shouldn’t agree so quickly with people who agree with you.
Warren and Richard both, and AA too: But then there is the problem of saying clearly exactly what IS wrong with it. Saying it is”idiotic” isn’t an argument. (Neither is “unscholarly,” the term I used that some found deeply insulting.) In my blog post I posited the principle that Harvard shouldn’t have oaths, certainly not oaths that have the effect of limiting thought. I have gotten the argument back that this oath limits actions not thoughts. I think I’m right but it’s arguable (especially since the language of the pledge is so peculiar). And maybe my principle is way too hifalutin for the miserable piece of text to which I am trying to apply it. But what then?
I’d be curious on what rationale you oppose the pledge. I don’t think you can just stop with suggesting it is juvenile or despicable or whatever, because you will get back an argument that pledges like this are an effective and harmless means to a worthy end.
Harry
10/27/2012 12:42 pm
A year ago, in my innocence, I would have supported discussions among freshmen- and upperclassmen, and, yes, faculty- about how to treat one another in a community.At the time I did not have strong feelings one way or another about some kind of a pledge-it is the discussions, and reflections on the reasons for certain standards of behavior, that are important. Since then, I;ve been shaken by the cheating scandal at Harvard (and there is no way to put a positive gloss on it) and, as a board member at Amherst, by the sexual transgressions described in the media in recent days, most recently in today;s New York Times (10-27-12). I dont think we can afford simply to take principled stands against any kind of honor code or code on treatment of others, while the brutal facts stare us in the face. I;d have preferred if we had gotten our goals. standards, values, and, yes, sanctions, in place before such outbreaks had become national (and, in the case of Harvard’s cheating scandal) international news. If we continue to act as if our students, and our university, are just fine, and no interventions are necessary, then we will deserve the harsh criticism that will certainly be directed toward us.
10/28/2012 1:35 pm
For me, the problem with the Freshman Pledge has always been that it coerces students to sign a statement of their beliefs without providing the opportunity for them to modify the statement to reflect their actual beliefs. In this respect, it is not unlike the totalitarian forced statements that Vaclav Havel and others have written movingly about; the statements themselves were often (of course not always) relatively harmless — only words, after all — but they always forced the protagonist to choose between expressing his/her own true beliefs and maintaining his/her reputation or livelihood.
A university who’s motto is “truth” should, I think, always stand on the side of those who wish to express their own truth. Consider the reputed origin of “Veritas”: William Ames’s retelling of “Plato is a friend, but truth is a better friend.” The idea that social relations are important but less important than telling the truth did not originate with those who refused to sign the Pledge.
10/28/2012 8:08 pm
Thanks, AA. That is certainly in line with my thinking (and thanks for the interesting history lesson! I will use that). But what you (and I) see as a coercion is something that Warren notes was associated with no sanction, and which Howard sees as just an invitation for a conversation or maybe an “intervention.” At what point does something no student is actually required to do become coercive because of the context? And at what point of student malfeasance is a university justified in proceeding with pressure, as I think Howard is suggesting, on the basis that the ends justify the means?
10/29/2012 8:47 am
The coercion to sign was by social pressure. Recall that originally the plan was to post on proctors’ doors lists of those students who had signed.
But it was also the content of this particular pledge that was objectionable. It was completely confused intellectually, since it conflated “civility” and “kindness”. These are two very different virtues, with very different statuses. It can be argued that we do have a duty of civility. In contrast, kindness is supererogatory. So the pledge requires the students to sign on to a muddle that any halfway decent moral thinking would get them out of. This is hardly the best “invitation to a conversation” for students in their first weeks at university.