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	<title>Comments on: Rare Case Involving Restrictions on In-Class Speech at a University</title>
	<atom:link href="http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/feed/" rel="self" type="application/rss+xml" />
	<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/</link>
	<description>Commentary on law, public policy, and more</description>
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		<title>By: John David Galt</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-684729</link>
		<dc:creator>John David Galt</dc:creator>
		<pubDate>Sun, 08 Nov 2009 02:34:40 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-684729</guid>
		<description>I agree with your points 1 through 5, but you mostly haven&#039;t addressed what I feel is the biggest distinguishing feature of this case, namely, that it was an online class.

A large part of what makes unauthorized speech in the classroom harmful is that it (a) uses up finite class time and (b) interferes with what the professor is trying to say or do.  But an unauthorized post on a discussion board doesn&#039;t have those effects, and a private e-mail (or outside posting, web page, etc.) by a student certainly doesn&#039;t.  So I&#039;m more likely to feel it is unfair when a school punishes a student for those actions.

The bottom line as far as the law ought to be concerned is that a (non government) school is private and can do as it pleases, up to the point where that would amount to breach of contract or other unrelated violation (and sometimes it does).  Nevertheless schools ought to be fairer, and I support efforts like FIRE to hold them accountable at least by informing consumers.</description>
		<content:encoded><![CDATA[<p>I agree with your points 1 through 5, but you mostly haven&#8217;t addressed what I feel is the biggest distinguishing feature of this case, namely, that it was an online class.</p>
<p>A large part of what makes unauthorized speech in the classroom harmful is that it (a) uses up finite class time and (b) interferes with what the professor is trying to say or do.  But an unauthorized post on a discussion board doesn&#8217;t have those effects, and a private e-mail (or outside posting, web page, etc.) by a student certainly doesn&#8217;t.  So I&#8217;m more likely to feel it is unfair when a school punishes a student for those actions.</p>
<p>The bottom line as far as the law ought to be concerned is that a (non government) school is private and can do as it pleases, up to the point where that would amount to breach of contract or other unrelated violation (and sometimes it does).  Nevertheless schools ought to be fairer, and I support efforts like FIRE to hold them accountable at least by informing consumers.</p>
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		<title>By: Martha</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-684629</link>
		<dc:creator>Martha</dc:creator>
		<pubDate>Sat, 07 Nov 2009 20:02:01 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-684629</guid>
		<description>&lt;blockquote&gt;&lt;strong&gt;Sammy:&lt;/strong&gt; I was once behind my back (the teacher never said a word to me) withdrawn from a class.&lt;/blockquote&gt;
Apparently times have changed since 1974. At my university, teachers would not be able to withdraw a student from the class. We can advise students to withdraw if their grades are so low they can&#039;t pass, but even then we must also state explicitly that they&#039;re welcome to stay.  In fact, faculty have been disciplined for suggesting that a failing student skip the final even when a perfect exam couldn&#039;t bring the student up to a passing grade.

Does any university allow the teacher to withdraw a student nowadays?</description>
		<content:encoded><![CDATA[<blockquote><p><strong>Sammy:</strong> I was once behind my back (the teacher never said a word to me) withdrawn from a class.</p></blockquote>
<p>Apparently times have changed since 1974. At my university, teachers would not be able to withdraw a student from the class. We can advise students to withdraw if their grades are so low they can&#8217;t pass, but even then we must also state explicitly that they&#8217;re welcome to stay.  In fact, faculty have been disciplined for suggesting that a failing student skip the final even when a perfect exam couldn&#8217;t bring the student up to a passing grade.</p>
<p>Does any university allow the teacher to withdraw a student nowadays?</p>
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		<title>By: Laura(southernxyl)</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-684104</link>
		<dc:creator>Laura(southernxyl)</dc:creator>
		<pubDate>Fri, 06 Nov 2009 13:35:00 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-684104</guid>
		<description>&lt;blockquote&gt;I think this was because I kept asking questions — but the teacher had asked for questions. I might have been embarassing her. I don’t know.&lt;/blockquote&gt;

Sammy, when you talk to people, are you looking for clues as to how they are reacting to you?  Facial expressions?  Body language?  Voice tones?  A lot of times people telegraph &quot;shut up now&quot; and if you don&#039;t get it and keep on talking, they&#039;ll react negatively to that.</description>
		<content:encoded><![CDATA[<blockquote><p>I think this was because I kept asking questions — but the teacher had asked for questions. I might have been embarassing her. I don’t know.</p></blockquote>
<p>Sammy, when you talk to people, are you looking for clues as to how they are reacting to you?  Facial expressions?  Body language?  Voice tones?  A lot of times people telegraph &#8220;shut up now&#8221; and if you don&#8217;t get it and keep on talking, they&#8217;ll react negatively to that.</p>
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		<title>By: Laura(southernxyl)</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-684102</link>
		<dc:creator>Laura(southernxyl)</dc:creator>
		<pubDate>Fri, 06 Nov 2009 13:32:40 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-684102</guid>
		<description>Larry Summers didn&#039;t couch his remarks the way that Anatid said you have to.

Anatid, there is one more thing I would add if I were you, and that is this:  when you meet a specific male, or female, university student, you have no idea what his or her spatiotemporal skills are without some testing or observation.  Or linguistic skills.  According to the statistics, the female is probably going to be better at linguistics and the male at s-t skills, but you don&#039;t know until you check.  If spatiotemporal skills have to do with reading maps and knowing where you are in relation to places you can&#039;t see, I am about a thousand times better at that than my husband is, and he&#039;ll tell you the same.  And he&#039;s a smart man, it&#039;s just that he&#039;s linear, as he says.  I think some women tend to get irritated at statements like &quot;on average, women aren&#039;t good at X&quot; b/c they&#039;ve heard those statements all their lives, the statements don&#039;t describe them, and they fear that their input in those areas will be ignored b/c it&#039;s assumed that they have nothing to offer.</description>
		<content:encoded><![CDATA[<p>Larry Summers didn&#8217;t couch his remarks the way that Anatid said you have to.</p>
<p>Anatid, there is one more thing I would add if I were you, and that is this:  when you meet a specific male, or female, university student, you have no idea what his or her spatiotemporal skills are without some testing or observation.  Or linguistic skills.  According to the statistics, the female is probably going to be better at linguistics and the male at s-t skills, but you don&#8217;t know until you check.  If spatiotemporal skills have to do with reading maps and knowing where you are in relation to places you can&#8217;t see, I am about a thousand times better at that than my husband is, and he&#8217;ll tell you the same.  And he&#8217;s a smart man, it&#8217;s just that he&#8217;s linear, as he says.  I think some women tend to get irritated at statements like &#8220;on average, women aren&#8217;t good at X&#8221; b/c they&#8217;ve heard those statements all their lives, the statements don&#8217;t describe them, and they fear that their input in those areas will be ignored b/c it&#8217;s assumed that they have nothing to offer.</p>
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		<title>By: Sammy Finkelman</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-684041</link>
		<dc:creator>Sammy Finkelman</dc:creator>
		<pubDate>Fri, 06 Nov 2009 07:34:06 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-684041</guid>
		<description>You know, a student can be accused of being disruptive in some way without being at all disruptive.

I was once behind my back (the teacher never said a word to me) withdrawn from a class.

I think this was because I kept asking questions - but the teacher had asked for questions. I might have been embarassing her. I don&#039;t know. I know I corrected her at least once (She said her &quot;Iraqi friends&quot; told her that Ramadan came out in a certain season of the year - but the Islamic calendar gradually moves through the entire year)

I had no idea that the teacher had any complaints against me till after she had gone to an administrator and gotten me withdrawn.

Maybe there is another side to the story but I don&#039;t know it.

This was in the spring of 1974.

I had learned a few things from her lectures. For instance - at least as I understood it - that feudalism was the outgrowth of wage and price controls in the Roman Empire. (These were really tough wage and price control laws - they extended to decreeing that a son should have the same job as his father had had.)

The Roman Emperor Diocletian started  that. Inflation was really really bad for many decades in the 200s. 

The course was a course in Medieval History.</description>
		<content:encoded><![CDATA[<p>You know, a student can be accused of being disruptive in some way without being at all disruptive.</p>
<p>I was once behind my back (the teacher never said a word to me) withdrawn from a class.</p>
<p>I think this was because I kept asking questions &#8211; but the teacher had asked for questions. I might have been embarassing her. I don&#8217;t know. I know I corrected her at least once (She said her &#8220;Iraqi friends&#8221; told her that Ramadan came out in a certain season of the year &#8211; but the Islamic calendar gradually moves through the entire year)</p>
<p>I had no idea that the teacher had any complaints against me till after she had gone to an administrator and gotten me withdrawn.</p>
<p>Maybe there is another side to the story but I don&#8217;t know it.</p>
<p>This was in the spring of 1974.</p>
<p>I had learned a few things from her lectures. For instance &#8211; at least as I understood it &#8211; that feudalism was the outgrowth of wage and price controls in the Roman Empire. (These were really tough wage and price control laws &#8211; they extended to decreeing that a son should have the same job as his father had had.)</p>
<p>The Roman Emperor Diocletian started  that. Inflation was really really bad for many decades in the 200s. </p>
<p>The course was a course in Medieval History.</p>
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		<title>By: Anatid</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683939</link>
		<dc:creator>Anatid</dc:creator>
		<pubDate>Fri, 06 Nov 2009 02:59:51 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683939</guid>
		<description>... and &lt;a href=&quot;http://en.wikipedia.org/wiki/Lawrence_Summers#Differences_between_the_sexes&quot; rel=&quot;nofollow&quot;&gt;now I have&lt;/a&gt;.

All I can say is, the classroom is a very different context than the interface of politicians with mass media?  (Good thing, otherwise there&#039;d be very little actual learning.)</description>
		<content:encoded><![CDATA[<p>&#8230; and <a href="http://en.wikipedia.org/wiki/Lawrence_Summers#Differences_between_the_sexes" rel="nofollow">now I have</a>.</p>
<p>All I can say is, the classroom is a very different context than the interface of politicians with mass media?  (Good thing, otherwise there&#8217;d be very little actual learning.)</p>
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		<title>By: markm</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683935</link>
		<dc:creator>markm</dc:creator>
		<pubDate>Fri, 06 Nov 2009 02:41:43 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683935</guid>
		<description>Anatid: Ever hear of Larry Summers?</description>
		<content:encoded><![CDATA[<p>Anatid: Ever hear of Larry Summers?</p>
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		<title>By: Anatid</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683930</link>
		<dc:creator>Anatid</dc:creator>
		<pubDate>Fri, 06 Nov 2009 02:16:39 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683930</guid>
		<description>&lt;blockquote&gt;
spatially related mental tasks
&lt;/blockquote&gt;

Chiming in after having attended one of the most rabidly liberal universities on the planet, if Doe got accused of being sexist for bringing up this study, then he probably just isn&#039;t a very good teacher.

The average American male university student has better spatiotemporal skills than the average American female university student, yes.  You teach this paper.  You cite the other papers that alternatively support or discredit its external validity.  You ALWAYS pair it with the studies that find that the inverse is true for linguistic skills (women tend to do better than men), and you discuss the pros and cons of those studies as well.  Then you show off the fMRI studies that support the concept of a biological substrate.  You always make sure to mention that while these data are fairly rigorous, they&#039;re also correlational, and could be the result of males and females being socialized differently and therefore have differentially-developing neuroanatomy.  You cite the way-too-small-sample-size-to-be-valid study that shows that female-to-male transgenders show improved spatial learning after a few years of hormone therapy, just because it&#039;s an interesting anecdote.  You present the entire concept as open to discussion, and encourage students to come up with possible confounds.

And then if anyone STILL calls you sexist for presenting these data, all they&#039;re doing is making themselves look like idiots.

Much like it&#039;s the student&#039;s responsibility to be respectful in class and only speak in ways that contribute to group learning, it&#039;s also the instructor&#039;s job to present controversial studies in ways that will be reasonably acceptable to his or her students.

Among other things, there are plenty of studies and concepts in academia that are complete trash, and distinguishing the rigorous studies from the invalid ones is important.  The instructor is in a much better position to help the students do this than expect them to do it all on their own, especially if they&#039;re new to scientific literature.  If he can&#039;t defend the material he&#039;s teaching, then why is he the one teaching it?</description>
		<content:encoded><![CDATA[<blockquote><p>
spatially related mental tasks
</p></blockquote>
<p>Chiming in after having attended one of the most rabidly liberal universities on the planet, if Doe got accused of being sexist for bringing up this study, then he probably just isn&#8217;t a very good teacher.</p>
<p>The average American male university student has better spatiotemporal skills than the average American female university student, yes.  You teach this paper.  You cite the other papers that alternatively support or discredit its external validity.  You ALWAYS pair it with the studies that find that the inverse is true for linguistic skills (women tend to do better than men), and you discuss the pros and cons of those studies as well.  Then you show off the fMRI studies that support the concept of a biological substrate.  You always make sure to mention that while these data are fairly rigorous, they&#8217;re also correlational, and could be the result of males and females being socialized differently and therefore have differentially-developing neuroanatomy.  You cite the way-too-small-sample-size-to-be-valid study that shows that female-to-male transgenders show improved spatial learning after a few years of hormone therapy, just because it&#8217;s an interesting anecdote.  You present the entire concept as open to discussion, and encourage students to come up with possible confounds.</p>
<p>And then if anyone STILL calls you sexist for presenting these data, all they&#8217;re doing is making themselves look like idiots.</p>
<p>Much like it&#8217;s the student&#8217;s responsibility to be respectful in class and only speak in ways that contribute to group learning, it&#8217;s also the instructor&#8217;s job to present controversial studies in ways that will be reasonably acceptable to his or her students.</p>
<p>Among other things, there are plenty of studies and concepts in academia that are complete trash, and distinguishing the rigorous studies from the invalid ones is important.  The instructor is in a much better position to help the students do this than expect them to do it all on their own, especially if they&#8217;re new to scientific literature.  If he can&#8217;t defend the material he&#8217;s teaching, then why is he the one teaching it?</p>
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		<title>By: Dr. Caligari</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683922</link>
		<dc:creator>Dr. Caligari</dc:creator>
		<pubDate>Fri, 06 Nov 2009 01:42:19 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683922</guid>
		<description>This post brought back a memory from when I was an undergraduate. There was this one guy who talked in class far more than anyone else. It wasn&#039;t that his comments and questions were dumb or anything, he just raised his hand 2 or 3 or 4 times more than his nearest competitor. When he was a senior (and I was a junior) someone got the bright idea of secretly noting how many times he talked in class in a specific course that was beginning. A couple of guys volunteered to keep track. By the end of the semester he had had (God, I remeber this after more than 30 years) spoken 213 times (a course meets, what, maybe 40 times?). Someone procured a patch for an award for trap shooting which was altered to read &quot;Open Trap Shooting&quot; and it was proposed to present it to him on the last day of class. I thought this might be a little cruel, but others were adamant.

It was presented and --- he loved it! I guess he felt that any attention was good attention.

I know he wanted to go to law school. I don&#039;t know if he did or if he became a lawyer. I can easily imagine, though, that he has been annoying judges with ridiculous objections and motions for the past 30 years. Anything to draw attention to himself.</description>
		<content:encoded><![CDATA[<p>This post brought back a memory from when I was an undergraduate. There was this one guy who talked in class far more than anyone else. It wasn&#8217;t that his comments and questions were dumb or anything, he just raised his hand 2 or 3 or 4 times more than his nearest competitor. When he was a senior (and I was a junior) someone got the bright idea of secretly noting how many times he talked in class in a specific course that was beginning. A couple of guys volunteered to keep track. By the end of the semester he had had (God, I remeber this after more than 30 years) spoken 213 times (a course meets, what, maybe 40 times?). Someone procured a patch for an award for trap shooting which was altered to read &#8220;Open Trap Shooting&#8221; and it was proposed to present it to him on the last day of class. I thought this might be a little cruel, but others were adamant.</p>
<p>It was presented and &#8212; he loved it! I guess he felt that any attention was good attention.</p>
<p>I know he wanted to go to law school. I don&#8217;t know if he did or if he became a lawyer. I can easily imagine, though, that he has been annoying judges with ridiculous objections and motions for the past 30 years. Anything to draw attention to himself.</p>
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		<title>By: traveler496</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683857</link>
		<dc:creator>traveler496</dc:creator>
		<pubDate>Thu, 05 Nov 2009 22:48:38 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683857</guid>
		<description>In your concluding paragraph, did you mean &quot;The question is whether &lt;del&gt;such a prohibition on &lt;/del&gt;university discipline for the content of in-class speech...&quot;?  [EV:  Whoops, editing error -- fixed it, thanks.]</description>
		<content:encoded><![CDATA[<p>In your concluding paragraph, did you mean &#8220;The question is whether <del>such a prohibition on </del>university discipline for the content of in-class speech&#8230;&#8221;?  [EV:  Whoops, editing error -- fixed it, thanks.]</p>
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		<title>By: Suzy</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683838</link>
		<dc:creator>Suzy</dc:creator>
		<pubDate>Thu, 05 Nov 2009 22:07:32 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683838</guid>
		<description>In response to section 4 above, the relevant quote seems to be, &quot;Magistrate Judge Clarke correctly concluded that the phrase &quot;displaying defiance or disrespect of others&quot; is not read in isolation, but interpreted within the broader context of the rule.&quot; So perhaps the code isn&#039;t written as precisely as one would like, but it seems that the Judges knew what to do with it.

As a practical matter, I think the only reason to discipline a student outside the classroom for this sort of conduct is it if actually becomes threatening to other students. We&#039;d measure that by other standards anyway. Otherwise, such a person already has his punishment: the rest of the students in class can&#039;t stand him, he earns a poor grade because he isn&#039;t following the professor&#039;s instructions, and depending on the size of the institution, he gains a reputation that may follow him. A written rebuke by the professor, the authority figure, should be enough to make clear to the other students what is going on.

In general, it&#039;s unfortunate when students are judged unfairly because of the content of their views or the manner of expression. However, those decisions are rightly up to the professor. As the opinion noted, nobody was otherwise preventing this person from expressing his views elsewhere; he just doesn&#039;t get to do it in class as he pleases.</description>
		<content:encoded><![CDATA[<p>In response to section 4 above, the relevant quote seems to be, &#8220;Magistrate Judge Clarke correctly concluded that the phrase &#8220;displaying defiance or disrespect of others&#8221; is not read in isolation, but interpreted within the broader context of the rule.&#8221; So perhaps the code isn&#8217;t written as precisely as one would like, but it seems that the Judges knew what to do with it.</p>
<p>As a practical matter, I think the only reason to discipline a student outside the classroom for this sort of conduct is it if actually becomes threatening to other students. We&#8217;d measure that by other standards anyway. Otherwise, such a person already has his punishment: the rest of the students in class can&#8217;t stand him, he earns a poor grade because he isn&#8217;t following the professor&#8217;s instructions, and depending on the size of the institution, he gains a reputation that may follow him. A written rebuke by the professor, the authority figure, should be enough to make clear to the other students what is going on.</p>
<p>In general, it&#8217;s unfortunate when students are judged unfairly because of the content of their views or the manner of expression. However, those decisions are rightly up to the professor. As the opinion noted, nobody was otherwise preventing this person from expressing his views elsewhere; he just doesn&#8217;t get to do it in class as he pleases.</p>
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		<title>By: Patent Lawyer</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683833</link>
		<dc:creator>Patent Lawyer</dc:creator>
		<pubDate>Thu, 05 Nov 2009 21:58:49 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683833</guid>
		<description>While I agree with everything in the post, it&#039;s the ridiculous and borderline offensive student lines that are often most memorable.  The best student comment from my law school days, which I still remember 4 years later, came from a guy in my crim law class:

&quot;By the standard you all are using, my girlfriend and I rape each other all the time!&quot;</description>
		<content:encoded><![CDATA[<p>While I agree with everything in the post, it&#8217;s the ridiculous and borderline offensive student lines that are often most memorable.  The best student comment from my law school days, which I still remember 4 years later, came from a guy in my crim law class:</p>
<p>&#8220;By the standard you all are using, my girlfriend and I rape each other all the time!&#8221;</p>
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		<title>By: EMB</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683813</link>
		<dc:creator>EMB</dc:creator>
		<pubDate>Thu, 05 Nov 2009 21:26:06 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683813</guid>
		<description>&lt;blockquote&gt;
I am amazed. As “ASlyJD says” illustrates, hissing at foolish or pointless speech, whether the speech is by a professor or a student, is a time-tested means of community moderation. It is virtually impossible for hissing to drown out a speaker, but it can easily express both existence and degree of community disapproval.

So why condemned?
&lt;/blockquote&gt;

If a student asks a question because they&#039;re having trouble understanding the material and other students decide to hiss at the &quot;dumb&quot; question, the result is both really mean to the student in question (who is probably already quite aware that he or she is struggling) and is also a serious problem for the professor (who likely relies on students&#039; feeling comfortable asking &quot;dumb&quot; questions to get a realistic picture of how the class is doing).

I suppose it would be another matter if the hissing is at a student who clearly understands the material but is just asking the question to show off or deliberately side-track the class; I&#039;ve never actually encountered this scenario as either a professor or a student (though as a student there were certainly a couple of people I might have liked to hiss at).</description>
		<content:encoded><![CDATA[<blockquote><p>
I am amazed. As “ASlyJD says” illustrates, hissing at foolish or pointless speech, whether the speech is by a professor or a student, is a time-tested means of community moderation. It is virtually impossible for hissing to drown out a speaker, but it can easily express both existence and degree of community disapproval.</p>
<p>So why condemned?
</p></blockquote>
<p>If a student asks a question because they&#8217;re having trouble understanding the material and other students decide to hiss at the &#8220;dumb&#8221; question, the result is both really mean to the student in question (who is probably already quite aware that he or she is struggling) and is also a serious problem for the professor (who likely relies on students&#8217; feeling comfortable asking &#8220;dumb&#8221; questions to get a realistic picture of how the class is doing).</p>
<p>I suppose it would be another matter if the hissing is at a student who clearly understands the material but is just asking the question to show off or deliberately side-track the class; I&#8217;ve never actually encountered this scenario as either a professor or a student (though as a student there were certainly a couple of people I might have liked to hiss at).</p>
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		<title>By: troll_dc2</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683801</link>
		<dc:creator>troll_dc2</dc:creator>
		<pubDate>Thu, 05 Nov 2009 21:06:48 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683801</guid>
		<description>&lt;blockquote&gt;To be clear, that was steve, not Steve!

&lt;/blockquote&gt;

Oops. I capitalized the S just because it was the beginning of the line. I will be more careful in the future. After all, the name is dear to my heart (since it&#039;s my real first name).</description>
		<content:encoded><![CDATA[<blockquote><p>To be clear, that was steve, not Steve!</p>
</blockquote>
<p>Oops. I capitalized the S just because it was the beginning of the line. I will be more careful in the future. After all, the name is dear to my heart (since it&#8217;s my real first name).</p>
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		<title>By: Steve</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683799</link>
		<dc:creator>Steve</dc:creator>
		<pubDate>Thu, 05 Nov 2009 21:04:52 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683799</guid>
		<description>&lt;i&gt;Steve: “someone typing something obnoxious or offensive can be easily ignored.”&lt;/i&gt;

To be clear, that was steve, not Steve!</description>
		<content:encoded><![CDATA[<p><i>Steve: “someone typing something obnoxious or offensive can be easily ignored.”</i></p>
<p>To be clear, that was steve, not Steve!</p>
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		<title>By: Mark Creatura</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683797</link>
		<dc:creator>Mark Creatura</dc:creator>
		<pubDate>Thu, 05 Nov 2009 21:02:22 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683797</guid>
		<description>&quot;vaguely recall one possible hissing incident, which was condemned at the time.&quot;

I am amazed. As &quot;ASlyJD says&quot; illustrates, hissing at foolish or pointless speech, whether the speech is by a professor or a student, is a time-tested means of community moderation.  It is virtually impossible for hissing to drown out a speaker, but it can easily express both existence and degree of community disapproval.

So why condemned?</description>
		<content:encoded><![CDATA[<p>&#8220;vaguely recall one possible hissing incident, which was condemned at the time.&#8221;</p>
<p>I am amazed. As &#8220;ASlyJD says&#8221; illustrates, hissing at foolish or pointless speech, whether the speech is by a professor or a student, is a time-tested means of community moderation.  It is virtually impossible for hissing to drown out a speaker, but it can easily express both existence and degree of community disapproval.</p>
<p>So why condemned?</p>
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		<title>By: troll_dc2</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683782</link>
		<dc:creator>troll_dc2</dc:creator>
		<pubDate>Thu, 05 Nov 2009 20:32:03 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683782</guid>
		<description>&lt;blockquote&gt;&lt;strong&gt;Steve&lt;/strong&gt;: &quot;someone typing something obnoxious or offensive can be easily ignored.&quot;&lt;/blockquote&gt;

But think of a thread here. How many times have you seen an obnoxious or really asinine comment and gotten upset for the moment, even though this is just a blog that you can ignore at will? Imagine being in an online class, where you have to pay attention to everything you read because it is part of the course (and you don&#039;t know what something is about until you read it). I imagine that it could be pretty disruptive constantly to have to deal with disrespectful or needlessly provocative comments that interrupt the flow of a discussion.</description>
		<content:encoded><![CDATA[<blockquote><p><strong>Steve</strong>: &#8220;someone typing something obnoxious or offensive can be easily ignored.&#8221;</p></blockquote>
<p>But think of a thread here. How many times have you seen an obnoxious or really asinine comment and gotten upset for the moment, even though this is just a blog that you can ignore at will? Imagine being in an online class, where you have to pay attention to everything you read because it is part of the course (and you don&#8217;t know what something is about until you read it). I imagine that it could be pretty disruptive constantly to have to deal with disrespectful or needlessly provocative comments that interrupt the flow of a discussion.</p>
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		<title>By: Jeff J</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683778</link>
		<dc:creator>Jeff J</dc:creator>
		<pubDate>Thu, 05 Nov 2009 20:27:52 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683778</guid>
		<description>The context of the code provision seems to indicate that it prohibits types of conduct rather than categories of speech content; it strikes at the tone, manner, or timing of the speech rather than its substance.  Isn&#039;t it reasonable to interpret the provision in a way that limits speech &quot;displaying defiance or disrespect of others&quot; to conduct that is akin to &quot;talking at inappropriate times, drawing unwarranted attention to self, engaging in loud or distracting behaviors . . . or threatening any University student or employee.&quot;  This would include screaming, cursing, or pointing fingers at others but would not include substantive statements that others might find offensive but were otherwise within the bounds of classroom conduct.  And if a student were charged with a violation for the substance rather than the manner of his speech, he could bring an as-applied challenge.</description>
		<content:encoded><![CDATA[<p>The context of the code provision seems to indicate that it prohibits types of conduct rather than categories of speech content; it strikes at the tone, manner, or timing of the speech rather than its substance.  Isn&#8217;t it reasonable to interpret the provision in a way that limits speech &#8220;displaying defiance or disrespect of others&#8221; to conduct that is akin to &#8220;talking at inappropriate times, drawing unwarranted attention to self, engaging in loud or distracting behaviors . . . or threatening any University student or employee.&#8221;  This would include screaming, cursing, or pointing fingers at others but would not include substantive statements that others might find offensive but were otherwise within the bounds of classroom conduct.  And if a student were charged with a violation for the substance rather than the manner of his speech, he could bring an as-applied challenge.</p>
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		<title>By: steve</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683770</link>
		<dc:creator>steve</dc:creator>
		<pubDate>Thu, 05 Nov 2009 20:12:34 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683770</guid>
		<description>Question: how would online comments cause &#039;disruption, obstruction or interference&#039; with educational activities?  I follow the in-class examples, as someone not playing by the professor&#039;s rules screws things up for the entire class, but that doesn&#039;t apply online; someone typing something obnoxious or offensive can be easily ignored.</description>
		<content:encoded><![CDATA[<p>Question: how would online comments cause &#8216;disruption, obstruction or interference&#8217; with educational activities?  I follow the in-class examples, as someone not playing by the professor&#8217;s rules screws things up for the entire class, but that doesn&#8217;t apply online; someone typing something obnoxious or offensive can be easily ignored.</p>
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		<title>By: Steve</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683746</link>
		<dc:creator>Steve</dc:creator>
		<pubDate>Thu, 05 Nov 2009 19:35:53 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683746</guid>
		<description>University discipline of students who are rude in class may be overkill, but it doesn&#039;t raise anything like the troubling issues that arise when the university punishes students for non-PC statements in class.  Different issue.</description>
		<content:encoded><![CDATA[<p>University discipline of students who are rude in class may be overkill, but it doesn&#8217;t raise anything like the troubling issues that arise when the university punishes students for non-PC statements in class.  Different issue.</p>
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		<title>By: ASlyJD</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683743</link>
		<dc:creator>ASlyJD</dc:creator>
		<pubDate>Thu, 05 Nov 2009 19:24:25 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683743</guid>
		<description>Example of anarchy:
My torts class had a very obnoxious &quot;gunner&quot; and the young professor lacked the wherewithal to tell her to talk about the law or shut up. The result? By the last two weeks of school, she was hissed at whenever called upon.</description>
		<content:encoded><![CDATA[<p>Example of anarchy:<br />
My torts class had a very obnoxious &#8220;gunner&#8221; and the young professor lacked the wherewithal to tell her to talk about the law or shut up. The result? By the last two weeks of school, she was hissed at whenever called upon.</p>
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		<title>By: Crunchy Frog</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683732</link>
		<dc:creator>Crunchy Frog</dc:creator>
		<pubDate>Thu, 05 Nov 2009 19:09:35 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683732</guid>
		<description>&lt;blockquote cite=&quot;comment-683717&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-683717&quot; rel=&quot;nofollow&quot;&gt;pmorem&lt;/a&gt;&lt;/strong&gt;: The phrase that caught my attention was “displaying defiance”.That seems to me to come dangerously close to “failing to submit” or even “disagreeing”.
&lt;/blockquote&gt;

So be it.  We&#039;ve all had profs that are notoriously thin-skinned, and unfortunately the only appropriate response is to shut up and do as you&#039;re told, or transfer.  Write a note to the Dean if you feel you are being unfairly treated.  Call FIRE if you think it&#039;s a Constitutional case.

Professors have to be granted a great deal of latitude to handle classroom decorum.  Anything less invites anarchy, and a reduced educational experience for the rest of the students subjected to douchebaggery from one of their peers.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-683717">
<p><strong><a href="#comment-683717" rel="nofollow">pmorem</a></strong>: The phrase that caught my attention was “displaying defiance”.That seems to me to come dangerously close to “failing to submit” or even “disagreeing”.
</p></blockquote>
<p>So be it.  We&#8217;ve all had profs that are notoriously thin-skinned, and unfortunately the only appropriate response is to shut up and do as you&#8217;re told, or transfer.  Write a note to the Dean if you feel you are being unfairly treated.  Call FIRE if you think it&#8217;s a Constitutional case.</p>
<p>Professors have to be granted a great deal of latitude to handle classroom decorum.  Anything less invites anarchy, and a reduced educational experience for the rest of the students subjected to douchebaggery from one of their peers.</p>
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		<title>By: troll_dc2</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683727</link>
		<dc:creator>troll_dc2</dc:creator>
		<pubDate>Thu, 05 Nov 2009 19:03:20 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683727</guid>
		<description>Judge Panner wrote:

&lt;blockquote&gt;The phrase &quot;displaying defiance or disrespect
of others&quot; is somewhat vague. If the intent of the policy is to
prohibit intentional insults and ad hominem attacks, perhaps the
policy should simply say so.&lt;/blockquote&gt;

1. Do you believe that a specific policy that prohibits intentional insults and ad hominem attacks would be constitutional?

2. What is the &quot;extra deterrent effect on in-class speech&quot; of the university&#039;s policy as applied to Harrell (whose complained-of speech did not involve the expression of ideas), or is that irrelevant because a hypothetical can be conjured up in which some in-class speech can be deterred because of the application of the policy to someone else?</description>
		<content:encoded><![CDATA[<p>Judge Panner wrote:</p>
<blockquote><p>The phrase &#8220;displaying defiance or disrespect<br />
of others&#8221; is somewhat vague. If the intent of the policy is to<br />
prohibit intentional insults and ad hominem attacks, perhaps the<br />
policy should simply say so.</p></blockquote>
<p>1. Do you believe that a specific policy that prohibits intentional insults and ad hominem attacks would be constitutional?</p>
<p>2. What is the &#8220;extra deterrent effect on in-class speech&#8221; of the university&#8217;s policy as applied to Harrell (whose complained-of speech did not involve the expression of ideas), or is that irrelevant because a hypothetical can be conjured up in which some in-class speech can be deterred because of the application of the policy to someone else?</p>
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		<title>By: PQuincy</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683722</link>
		<dc:creator>PQuincy</dc:creator>
		<pubDate>Thu, 05 Nov 2009 19:01:40 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683722</guid>
		<description>The legal issues are, perhaps, theological, but I loved the nuanced discussion of what a professor actually does in a class involving discussion. It actually helped me see what it is I do (or at least try to do...) in managing a discussion so that the entire group of students benefits -- in part, by hearing opposing or dissident voices (which nowadays, may well mean opposing &#039;to the right&#039;), in part by feeling the liberty to articulate relevant knowledge in a way that helps other students.

In fact, even among politically sophisticated junior and senior humanities/soc-sci students who I&#039;m teaching in a small seminar now, getting dissenting positions or alternate perspectives onto the table is harder than pulling teeth -- much less disrespectful or disruptive interventions. I rather suspect that most of the (let us hope few) court cases arising in this whole area arise from the small number of students who one might uncharitably call &#039;cranks&#039;: those who both feel very strongly on some issue (whether related to class content or not), and who have a certain deafness about how to present those views in a way that opens conversation rather than hectoring.

Such students, I surmise, are also most likely to either face sanctions for their tone-deafness, or to file suits because they feel their viewpoint must be heard regardless of a professor&#039;s efforts to quell them.</description>
		<content:encoded><![CDATA[<p>The legal issues are, perhaps, theological, but I loved the nuanced discussion of what a professor actually does in a class involving discussion. It actually helped me see what it is I do (or at least try to do&#8230;) in managing a discussion so that the entire group of students benefits &#8212; in part, by hearing opposing or dissident voices (which nowadays, may well mean opposing &#8216;to the right&#8217;), in part by feeling the liberty to articulate relevant knowledge in a way that helps other students.</p>
<p>In fact, even among politically sophisticated junior and senior humanities/soc-sci students who I&#8217;m teaching in a small seminar now, getting dissenting positions or alternate perspectives onto the table is harder than pulling teeth &#8212; much less disrespectful or disruptive interventions. I rather suspect that most of the (let us hope few) court cases arising in this whole area arise from the small number of students who one might uncharitably call &#8216;cranks&#8217;: those who both feel very strongly on some issue (whether related to class content or not), and who have a certain deafness about how to present those views in a way that opens conversation rather than hectoring.</p>
<p>Such students, I surmise, are also most likely to either face sanctions for their tone-deafness, or to file suits because they feel their viewpoint must be heard regardless of a professor&#8217;s efforts to quell them.</p>
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		<title>By: pmorem</title>
		<link>http://volokh.com/2009/11/05/rare-case-involving-restrictions-on-in-class-speech-at-a-university/comment-page-1/#comment-683717</link>
		<dc:creator>pmorem</dc:creator>
		<pubDate>Thu, 05 Nov 2009 18:55:24 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21116#comment-683717</guid>
		<description>The phrase that caught my attention was &quot;displaying defiance&quot;.

That seems to me to come dangerously close to &quot;failing to submit&quot; or even &quot;disagreeing&quot;.</description>
		<content:encoded><![CDATA[<p>The phrase that caught my attention was &#8220;displaying defiance&#8221;.</p>
<p>That seems to me to come dangerously close to &#8220;failing to submit&#8221; or even &#8220;disagreeing&#8221;.</p>
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