Free Speech and Creepy Liberalism

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as an unlicensed lawyer i wont bother my arse but nice tude

post you had fecund thoughts about (darraghmac), Tuesday, 10 March 2015 22:15 (nine years ago) link

http://studentactivism.net/2013/02/04/expelled-student-activist-wins-50k-court-judgment-against-university-president/

a similar case but on the righteous side

j., Tuesday, 10 March 2015 22:39 (nine years ago) link

As an administrator at a public university, I've seen similar speech vs conduct argument come up before (and faculty/staff aren't protected like students are). It's a legal muddle. My instinct tells me that these guys shouldn't have been expelled for speech b/c they uttered no fighting words but the use of the "hostile working environment" defense probably alludes to their student code of conduct, the bible for these institutions and mine.

guess that bundt gettin eaten (Alfred, Lord Sotosyn), Tuesday, 10 March 2015 22:43 (nine years ago) link

Okay "nonsense" is a little strong. Sue me, lawyers.

Vic Perry, Tuesday, 10 March 2015 23:27 (nine years ago) link

(I find what is protected and unprotected speech a bit strange). Maybe the U wouldn't have a good legal defense in this case. Maybe it was still a good idea to do what they did, considering all factors. Might be a trade-off.

Vic Perry, Tuesday, 10 March 2015 23:51 (nine years ago) link

It feels really weird to me that you can sing happy songs about lynching black people, and not be expelled. Like, clearly that creates a 'hostile' environment? Also, allegedly, SAE Cornell killed a black student during a hazing ritual in 2011.

Basically, expell all frat-members.

Frederik B, Wednesday, 11 March 2015 00:00 (nine years ago) link

First Amendment, man, and a generation's worth of rulings.

guess that bundt gettin eaten (Alfred, Lord Sotosyn), Wednesday, 11 March 2015 00:02 (nine years ago) link

Also, allegedly, SAE Cornell killed a black student during a hazing ritual in 2011.

well I think this violates many amendments and laws

guess that bundt gettin eaten (Alfred, Lord Sotosyn), Wednesday, 11 March 2015 00:03 (nine years ago) link

Like I said, my instinct tends to embrace an absolutist embrace of the First Amendment: it'd make no sense to write an amendment protecting citizens from governments' infringement of speech if governments infringed on disgusting speech. But courts have carved exceptions, and many universities' "hate speech" codes haven't been challenged. But using a student code of conduct to punish students is another question.

guess that bundt gettin eaten (Alfred, Lord Sotosyn), Wednesday, 11 March 2015 00:07 (nine years ago) link

(I'm well aware btw that until the 1920s SCOTUS did not recognize that the Bill of Rights applied to the states)

guess that bundt gettin eaten (Alfred, Lord Sotosyn), Wednesday, 11 March 2015 00:08 (nine years ago) link

Well, it's not that they should be criminally prosecuted, but the idea that because the university is public, it should allow students to sing about lynching other students? That seems weird to me. That does not seem to be protecting students?

Frederik B, Wednesday, 11 March 2015 00:11 (nine years ago) link

How do they reconcile that song with their ridiculous "True Gentleman" creed?

©Oz Quiz© (Adam Bruneau), Wednesday, 11 March 2015 00:13 (nine years ago) link

Like, it feels like there must be some kind of Title IX-like loophole that would allow universities to expell students who sing about killing other students, regardless of first amendment.

Frederik B, Wednesday, 11 March 2015 00:15 (nine years ago) link

there is

guess that bundt gettin eaten (Alfred, Lord Sotosyn), Wednesday, 11 March 2015 00:30 (nine years ago) link

again, it has to do with creating a hostile learning environment

guess that bundt gettin eaten (Alfred, Lord Sotosyn), Wednesday, 11 March 2015 00:30 (nine years ago) link

I don't know enough about US law, or care enough about these racist assholes, to have a firm opinion but surely there are disciplinary options in between "allowing students to sing about lynching other students" and expulsion.

Minaj moron (Re-Make/Re-Model), Wednesday, 11 March 2015 11:17 (nine years ago) link

Flogging

Hammer Smashed Bagels, Wednesday, 11 March 2015 13:03 (nine years ago) link

There we go. The sensible compromise.

Minaj moron (Re-Make/Re-Model), Wednesday, 11 March 2015 13:07 (nine years ago) link

look at all these ilxor creepy liberals trying to suppress these students' free speech >:|

een, Wednesday, 11 March 2015 17:08 (nine years ago) link

if we'd done better job they might still be enrolled lol

A MOOC, what's a MOOC? (Bananaman Begins), Wednesday, 11 March 2015 19:37 (nine years ago) link

wow, three different buffoons on the morning joe show blamed it on all the rap music. best dumb tv pundit stuff in a while, think I'll even watch the daily show & see if it gets covered.

Vic Perry, Wednesday, 11 March 2015 21:21 (nine years ago) link

Often people blame 'the culture' without considering that 'the culture' they are talking about might just be something they themselves are making up on the news.

©Oz Quiz© (Adam Bruneau), Wednesday, 11 March 2015 22:02 (nine years ago) link

http://www.dissentmagazine.org/article/the-calling-academic-freedom-stanley-fish

At this point in his career, Fish is as much a legal theorist as he is an English professor (he’s been teaching in law schools since the mid-1980s), and it’s his contention in his latest book that “[ a ]cademic freedom is rhetorically strong but legally weak. Indeed, it is not at all clear that academic freedom has any substantial presence in the law.” But Versions of Academic Freedom is not, as one might expect, an attempt to strengthen the legal standing of the concept; Fish’s project is less about finding a new way to defend academic freedom than it is about defining and debunking what most working professors seem to think “academic freedom” means. On what grounds do claims for academic freedom rest? Why is it a good thing and what would academic life look like without it?

In search of an answer, Fish identifies five schools of academic freedom, “plotted on a continuum that goes from right to left.” (It’s worth pointing out that this ideological framing is Fish’s; I would argue that there are left and right versions of all of the positions he describes.) At the conservative end of the spectrum, we have the “It’s just a job” school (Fish’s own position), which holds that, “[ r ]ather than being a vocation or holy calling, higher education is a service that offers knowledge and skills to students who wish to receive them.” Thus, “academics are not free in any special sense to do anything but their jobs.” Second is the “For the common good” school—the mainstream position in the American academy today—which insists that academic freedom has special value to a democratic society; Fish traces it back to a founding document, the American Association of University Professors’ 1915 Declaration of Principles on Academic Freedom and Academic Tenure (drafted by Arthur O. Lovejoy and John Dewey, among others). Third is the “Academic exceptionalism or uncommon beings” school, which essentially treats academics as an elite class with special privileges. Fourth is the “Academic freedom as critique” school, which finds the real value of the academy in the “ruthless criticism of everything that exists”; fifth, and most radical, is the “Academic freedom as revolution” school, which travels further down the same road by advocating not only the critique but the abolition of existing social structures.

j., Thursday, 12 March 2015 17:17 (nine years ago) link

http://features.columbiaspectator.com/eye/2015/03/12/left-and-lefter/

“Left and Lefter: What does it mean to be a liberal activist at Columbia?”

drash, Thursday, 12 March 2015 20:37 (nine years ago) link

http://mondoweiss.net/2015/03/berkeley-bans-intifada

actually, a hashtag, 'dintifada'

j., Thursday, 12 March 2015 20:43 (nine years ago) link

Following up on Daniel Mael’s claim that Sumayyah Din promoted “the murder of innocent men, women and children as part of her campaign platform,” I asked Din if she had any plans to inflict violence on campus.

Haha, no. I can confidently say I have no plans to inflict any violence towards any groups on campus. I would never want to carry or condone any message of violence or hatred. In fact, my campaign is themed with a central dogma of love, solidarity, and unity.

haha, no. lol college

j., Thursday, 12 March 2015 20:46 (nine years ago) link

There seems to be a big back and forth in the UC system between the Israeli divestment crowd and the jews.. and since these kids are in lol college it gets really stupid

http://www.latimes.com/local/lanow/la-me-ln-allegations-of-anti-israel-sentiments-rock-uc-campuses--20150307-story.html

panettone for the painfully alone (mayor jingleberries), Thursday, 12 March 2015 20:50 (nine years ago) link

http://www.timesofisrael.com/brandeis-whistleblower-stirs-up-new-hornets-nest/

Daniel Mael is likely the most divisive and hated pro-Israel voice at Brandeis University. Exposing inner-sanctum scandals, to many of the campus far-left — and much of the Brandeis administration — he’s that annoying fly that keeps on buzzing after being shooed away.

Characterized as a bully by those who differ from his staunch alliance with pro-Israel, pro-Judeo-Christian values, he’s been repeatedly called to the dean’s rug after well-publicized run-ins with Brandeis JStreet U leadership, among other incidents.

But now, following his most recent intrigue which took the 22 year old straight into the United States’ racial crisis inferno, he’s been advised by local police not to walk alone. Even his grandmother has been threatened.

What is it with Mael, a handsome, black kippah-wearing, well-spoken business major, that puts people on edge?

goole, Thursday, 12 March 2015 20:52 (nine years ago) link

mondoweiss is full of such psychos. "what do you mean dintifada has associations with intifada? it's just an imaginary rhyming word we use to describe our political campaigns. you guys are crazy."

Mordy, Thursday, 12 March 2015 21:04 (nine years ago) link

what % of jew-baiting takes the form of gaslighting

Mordy, Thursday, 12 March 2015 21:05 (nine years ago) link

"Mael prefers to think of his support for the Jewish state under the rubric of respecting and fighting for Judeo-Christian values."

As a Jew I am truly baffled by what "Judeo-Christian values" is supposed to mean.

Guayaquil (eephus!), Friday, 13 March 2015 02:10 (nine years ago) link

it's one of those super in vogue cultural terms that mean whatever you want it to mean when you use it

Mordy, Friday, 13 March 2015 02:13 (nine years ago) link

does it mean enlightenment values? does it mean progressive humanistic values? does it mean judeo-christian social morality? i assume probably not the latter.

Mordy, Friday, 13 March 2015 02:15 (nine years ago) link

my best guess for this guy is what it means is enlightenment values like free speech, free religion, suffrage, etc

Mordy, Friday, 13 March 2015 02:16 (nine years ago) link

thank you for sharing your views on free speech they are appreciated

creaks, whines and trife (s.clover), Friday, 13 March 2015 02:55 (nine years ago) link

Agree "J-C values" can mean all sorts of different things, deployed for different purposes in different contexts. Certainly related to enlightenment values, but I think conceptually distinct.

One thing the usage likely entails is a certain lineage of the philosophical idea of moral-ethical universality among human beings. E.g. salvation may not be universal, but not only are certain moral norms universal (e.g. against murder etc.) but they extend to all human beings, all human beings are to be treated as human beings, whether they're within the tribe or not, just by virtue of being human. I.e. you have ethical obligations/ prohibitions with respect to another human being even if they're heathen, barbarian, etc.-- forebear of the idea of universal human rights, etc.

(Of course philosophical idea and historical actuality very different things!)

drash, Friday, 13 March 2015 03:12 (nine years ago) link

i think one of the ironies might be that he'd probably include israel's acceptance of homosexuality as an example of these J-C values, even tho u kno

Mordy, Friday, 13 March 2015 03:15 (nine years ago) link

Ha yes. But it's sorta valid if you look at it genealogically. J-C values back in the day involve an identity or concordance of scriptural revelation, natural law, and Reason. The secularization of J-C values (i.e. the Enlightenment) dispenses with the first and focuses on the third (with an added valence of liberation). Some twists and turns since then, but you could argue that acceptance of homosexuality is in its way an heir to this tradition. Ain't history grand.

drash, Friday, 13 March 2015 03:30 (nine years ago) link

back in the day could you even speak of "J-C values" was that a thing that made sense to speak of.

and in what sense is the enlightenment a "secularization" of them instead of just you know a new thing and is "liberation" a value even wtf is this doing on this thread.

creaks, whines and trife (s.clover), Friday, 13 March 2015 04:29 (nine years ago) link

Good questions but they're precisely the complications and ongoing arguments of intellectual history. Especially when it comes to the study of "new things" especially self-consciously self-identified "new things" like the Enlightenment.

Doing fuck all in this thread other than late night off topic yadda.

drash, Friday, 13 March 2015 04:53 (nine years ago) link

PS they really are good questions but I'm not sure if you'd like me to try to reply or just shut up; anyway I'm sleepy

drash, Friday, 13 March 2015 05:01 (nine years ago) link

normally, people who speak about j-c values mean that they hate muslims.

Frederik B, Friday, 13 March 2015 07:26 (nine years ago) link

J-C values seems to boil down to how one uses idolatry of christ's sacrifice for personal/political gain.

©Oz Quiz© (Adam Bruneau), Friday, 13 March 2015 14:19 (nine years ago) link

Ime "Judeo-Christian" values is something Christians say when they mean "Eh we p much share a moral standard based on believing in the same God, and we have to include them because their existence enabled our true faith."

Orson Wellies (in orbit), Friday, 13 March 2015 14:27 (nine years ago) link

"I mean they got the Jesus part wrong but as long as they don't allow women to speak in front of men, we're good."

Orson Wellies (in orbit), Friday, 13 March 2015 14:28 (nine years ago) link

my pt tho is that's obv not what this dude means bc the term has a bunch of different meanings depending on the context

Mordy, Friday, 13 March 2015 14:29 (nine years ago) link

For instance in this case an "everyone who's not us" dog whistle.

Orson Wellies (in orbit), Friday, 13 March 2015 14:32 (nine years ago) link

So in your eyes what defending Israel from a judeo-christian pov means is just "a dog whistle" for everyone that isn't him. Pretty shallow comprehension imho.

Mordy, Friday, 13 March 2015 14:35 (nine years ago) link

i guess i shouldn't be surprised that your interpretation of anything boils down to "secret racism"

Mordy, Friday, 13 March 2015 14:38 (nine years ago) link


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