The Volokh Conspiracy

Ah, Yes, the Press Release:

A Philadelphia Inquirer blog, Blinq, reports that Penn's president issued this statement:

Each year, the president hosts a Halloween party for Penn students. More than 700 students attend. They all crowd around to have their picture taken with me in costume. This year, one student who had a toy gun in hand had his picture taken with me before it was obvious to me that he was dressed as a suicide bomber. He posted the photo on a website and it was picked up on several other websites.

People have since complained to me that the costume was offensive. But for Pete's sake, this is a Halloween party, with a bunch of college kids trying to be creative, including trying to be creative with a theme of "dressing as scary evil things." Suicide bombers are scary evil things. Maybe they're too scary evil, or scary evil in the wrong way, or who knows what. But there's no rule book that he should have consulted on the subject; it's a matter of taste and judgment on which reasonable people can differ. Cut him some slack. I say again, it's a Halloween party; even if he went over the fuzzy line, how much public outrage does it merit?

Oh, whoops, sorry -- that was the statement that Penn's president issued in my dreams. Here's the statement she issued in reality:

Each year, the president hosts a Halloween party for Penn students. More than 700 students attend. They all crowd around to have their picture taken with me in costume. This year, one student who had a toy gun in hand had his picture taken with me before it was obvious to me that he was dressed as a suicide bomber. He posted the photo on a website and it was picked up on several other websites.

The costume is clearly offensive and I was offended by it. As soon as I realized what his costume was, I refused to take any more pictures with him, as he requested. The student had the right to wear the costume just as I, and others, have a right to criticize his wearing of it.

OK, Dr. Gutmann, he had a right to wear the costume, you have a right to criticize the wearing of it, and I have the right to criticize your and everyone else's taking this so seriously. (Of course, they also have the right to criticize my taking their taking it so seriously so seriously.) Only mildly, mind you, especially in your case, since University President is not a job that generally allows "Oh, calm down already" press releases. I suppose you did what you had to do.

But, boy, I wish you'd put out my version of the press release instead.

donaldk2 (mail):
I read EV's version and thought - What a great woman, what a great educator, what an example.

What a disappointment!
11.3.2006 1:41pm
Chumund:
OK, now I think she should be fired. Just kidding--mostly.

By the way, I wonder how many people (ahem--Instapundit) would have taken the exact opposite stance on this issue if this had come out first.
11.3.2006 1:42pm
lucia (mail) (www):
I particularly like the idea of a university president writing a press release using the phrase "for Pete's sake".
11.3.2006 1:49pm
Chumund:
lucia,

Unfortunately, that is when I figured out we might not be reading the real thing.
11.3.2006 1:54pm
Geoff Derrick (mail):
This is what the facebook.com link to the pictures says:

"My friend, Jason, and I express our condolences and sympathy to all offended by our costumes. We wish to make it clear that we do not support terrorism, violence, or anything that is against society. There is no agenda or statement associated with our behavior shown in these pictures. The costumes are meant to portray scary characters much like many other costumes on Halloween. We are deeply sorry for anyone who has been hurt or upset. Additionally, we strive for all societies to instill healthy non-violent democratic values."
11.3.2006 1:56pm
Eugene Volokh (www):
Chumund: If what had come out first? The press release? If you're saying that people would have been calmer had the President's denunciation come out first (not that I think any such denunciation is necessary), then of course that's true; but that's perfectly fine. Or are you saying something else? What stance are you alleging they would have taken if what had happened?
11.3.2006 1:56pm
Steve:
When the instantaneous response on right-wing blogs is "let's get this person fired," I'd be tempted to dodge the blogswarm, as well.
11.3.2006 2:02pm
Ex-Fed (mail):
Note the pains taken to avoid explaining how it was offensive. This vagueness preserves the ability to make all constituencies happy.

Don't we have to give her kudos for saying unequivocally, in the conext of a college administrator condemning un-PC behavior, that the guy had the right to do it? And doesn't she get kudos for tying his right to do it to her right to criticize it, thus promoting the value of response speech rather than promising some sort of investigation and reeducation camp? That's more than I expect from a modern administrator, frankly.
11.3.2006 2:06pm
Chumund:
Professor Volokh,

As we discussed in the prior thread, there is no obvious political valance or statement involved in this costume. So, I think what likely would have happened is that people who were looking for an excuse to bash an Ivy League university president would have become outraged at her taking offense and issuing a statement about it.

In fact, here was Instapundit's last line of his last update:

"I remain skeptical that a Klansman costume would be received in the same fashion, or that an Ivy League university President would be comfortable being photographed with someone wearing a Klan costume."

What I think we would have been reading instead is something like:

"I remain skeptical that a Fidel Castro costume would be received in the same fashion, or that an Ivy League university President would be uncomfortable being photographed with someone wearing a Castro costume."
11.3.2006 2:08pm
Drive By Comments:
How come you often comment on these by other institutions, but never post the numerous self-righteous emails that get distributed by the UCLA Law administration whenever they don't like something?

The Moot Court board incident less than a month ago is a prime example...
11.3.2006 2:21pm
CJColucci:
I'm with ex-fed: two cheers for the President.
11.3.2006 2:43pm
FC:
We could spend all day sharing our opinions on the etiquette of this little foofaraw, but I think the much more interesting questions are socio-historical.

Does anyone know of cases in the past of someone wearing the uniform of the enemy to a party, even as a representation of a "scary evil thing"? For example, an American or Brit or Russian during WWII dressing up as a German soldier? I've read quite a lot of history and never heard of such a thing.
11.3.2006 3:21pm
Glenn W. Bowen (mail):

had his picture taken with me before it was obvious to me that he was dressed as a suicide bomber


well, in the picture she sure has a sunshiny smile on her face... I wonder what the actual recognition time involved is in noting a person wearing a PLO rag displaying a pseudo AK with explosives belted to his torso as a suicide bombing terrorist.

probably 5-10 minutes; I guess the smarter one is, the longer it takes. whatta I know, I'm a welder.
11.3.2006 3:33pm
Owen Hutchins (mail):
I'm failing to see the problem here. She didn't say he had to leave, or remove the costume. He said she did not want any more pictures taken of her with the student. She doesn't have that right? Are "liberals" not allowed to be offended by things?
11.3.2006 3:36pm
Kovarsky (mail):
Are "liberals" not allowed to be offended by things?

amen brother, you've finally hit the nail on the head. these liberal PC police just want to make us talk their ivy league pidgin. all of of 'em. big, undifferentiated mass. i mean i know we're historically the champions of good manners, but this is a post 9/11 world, where we have much more important stuff to worry about. if john kerry's so sensitive, why's he calling the troops stupid, huh? now where's my bowtie...
11.3.2006 3:48pm
Marcus1 (mail) (www):
I bet she recognized it, but it took her a second to decide what to do.

In any case, I think her criticism is more valid than EV's. It wasn't Gutmann who made a big serious deal out of this.

Coming out with EV's statement would have been about as smart as John Kerry coming out with his "I apologize for nothing" statement: dumb, because it assumes you couldn't be mistaken, and because it assumes the public discourse will be fair-minded.
11.3.2006 4:20pm
Houston Lawyer:
When I first read about this, I had no idea how good his costume was and how much he looked the part of a suicide bomber. I just assumed it was a white frat boy thing.

But upon seeing the pictures, I find it hard to believe that anyone who has spent more than two weeks on a college campus wouldn't immediately recognize his costume for what it was. So her press release is not credible.

I laughed out loud reading the fake press release. Is anyone in public life allowed to speak like that anymore?
11.3.2006 5:45pm
AntonK (mail):
Winfield Myers, who exposed this little faux pas, makes an excellent point:


Claiming that the student had the right to wear the costume is, I believe, a dodge and a moral cave-in to the very forces that made possible his entrance into the party and her subsequent acceptance (at least initially) of his costume. This is not a question of rights, after all, as Penn is a private university and can regulate what its students wear. No one is allowed to attend class or stroll across campus in the nude because such actions would be universally seen as morally unacceptable (or, at the least, socially disruptive). It would violate agreed-upon norms of public behavior. I also doubt students would be welcomed if they wore transparent clothing or pants with the crotch cut out.

What's missing from President Gutmann's statement, and from the larger academic community of which she is a part, are moral parameters within which every member of the community must act, short of the prohibition of criminal acts, which this of course is not. This applies particularly to statements or actions concerning terrorism, the war on Islamism, and the representations of those actions.

Had Mr. Saadi, or anyone else, shown up dressed in as Hitler, Pol Pot, David Duke wearing his Klan garb, Bull Conner, Sirhan Sirhan, John Wilkes Booth, a slave trader with a whip, a rapist, or any such person, he would have been identified immediately as representing someone, and perhaps some force, that is evil. Neither Ms. Gutmann nor anyone else would have objected to having him barred from her home and party; indeed, to have failed to act in such a way would have invited opprobrium.

But in the modern university, especially in anything relating to Middle East studies, the guardrails are down. After years of scholarship that consistently fails to investigate thoroughly, much less condemn, terrorism or jihadism, or which misrepresents both these historical actors and the consequences of their actions, can we be surprised at President Gutmann's lack of shock? With moral equivalency between bombers and the bombed, especially regarding suicide bombers, a mainstay of modern scholarship and pedagogy in Middle East studies, why wouldn't a young man presenting himself as a killer of innocents be laughed at rather than set straight by his intellectual and moral superiors--i.e., women like Amy Gutmann?

Apologias for terrorism and extremist politics breeds an atmosphere in which the intolerable becomes the everyday. I shudder to think where this will take us.
11.3.2006 9:13pm
Chumund:
AntonK,

Actually, that is a ridiculous point. Of course they would be recognized as evil. But Halloween costumes frequently represent evil people. So, there is a big step missing--why it is wrong for a Halloween costume to represent an evil person?
11.4.2006 10:23am
Chumund:
By the way, a pair going as Lincoln and Booth would be totally awesome, and I am strongly considering stealing that idea.
11.4.2006 10:27am
Russ (mail):
I'm sorry, but I'm a conservative and think that all this hype over the costume is foolish.

These were college students doing what college students do - stupid things. I doubt many of us would like the whole world to know some of the stupid things we did in college.

The pic of them "executing" Mrs. Santa Claus was yet another obvious tip that this was a joke, even if in bad taste. It's time we all calmed down.

How can we as conservatives get upset at some of the PC stuff on campus - like frat boys forced to undergo sensitivity training for other dumb stuff - if we enact our own type of PC agenda?
11.4.2006 11:46am
Richard Aubrey (mail):
Russ. I don't like PC. But the problem is that it is used against what would otherwise be unexceptionable speech which just happens to inconvenience the libs' grand narrative.
Perhaps, and this may not work, using it against them, instead of taking the moral high road and only letting it be used against conservatives, might make the libs a bit more cautious about trotting it out whenever convenient. This sword now has, officially, two edges.
11.6.2006 12:28am