The Volokh Conspiracy

Stuart Taylor on Free Speech and Double Standards on Campus:

Taylor: "Loopy radicals dominate political discourse on many a campus, and they despise intellectual diversity." Read the whole thing, which includes a couple of choice quotes from me.

glangston (mail):
Is this professor being fair?

I thought this column was a little over the top.

"in short, Kristol thinks about war in much the same way the narrator of Lolita thought about 12-year-old girls: with a constant, obsessive, perverse longing."

Yet it's the author who lives next to the Porn King.
10.1.2007 11:26pm
jim:
Granted, this is a complex question, and one you may have answered in your book, which I have not read, but in reading the blog I often ask it to myself, so I pose it here:

Prof. Bernstein, I don't know how to reconcile your criticism at providing Ahmadinejad a forum with your advocacy for other unpopular speekers to be heard on campuses. Pointing out hypocrites has it's place, but in doing so, it has been unclear what principles you are advocating. What standards do you think should be followed? What is the dividing line between appropriate and inappropriate? Is partisan balance part of the goal?
10.1.2007 11:46pm
DavidBernstein (mail):
My book is about the government prohibiting speech, including university campuses using federal antidiscrimination laws to crack down on speech they deem "harassing". It says nothing that could be construed as defending a university like Columbia voluntarily giving a propaganda platform to the president of a brutal, repressive, enemy nation. If a campus student organization wanted to invite someone with Ahmad's views on, say, Israel and the Holocaust, to campus, and Columbia tried to stop them by invoking "hostile environment" law, I'd be on the side of freedom of speech.
10.2.2007 12:15am
Anonymouseducator (mail) (www):
glangston, how about this for fairness:


For my part, I'd rather give the Porn King the Presidential Medal of Freedom than shake Bill Kristol's hand.


I still have trouble seeing how Gilchrist is relevant to Ahmadinejad. I don't think there was ever any suggestion that A. got to speak because of his position. Agree, disagree, I'm not sure how Gilchrist not getting to speak is relevant.
10.2.2007 12:18am
jim:

If a campus student organization wanted to invite someone with Ahmad's views on, say, Israel and the Holocaust, to campus, and Columbia tried to stop them by invoking "hostile environment" law, I'd be on the side of freedom of speech.


I see. Thanks. Based on context I had misunderstood you as also talking about academic freedom in the context of academics' behavior aside the legal issues.
10.2.2007 12:27am
mrshl (www):
Sorry. Once I read or hear someone say "loopy" I can't read anything else they say. But my love for double OOs and alliteration (loopy left!) can't get me over the hump. I honestly tried this time, too. But then I saw "ilk," and I realized it was another one of those pieces.

Once I see "ilk," I realize I'm dealing with a person who would rather complain than have a conversation. Like "loopy," it's shorthand for "I don't know how to talk about your ideas without insulting you."
10.2.2007 12:41am
DavidBernstein (mail):
Jim, I do believe in academic freedom, and certainly when it's guaranteed by contract, as it is at all leading universities. But I don't see how criticizing a university of issuing an invitation to a foreign head of state is an issue of "academic freedom," it's an issue of judgment. If Columbia had fired someone for inviting or suggesting an invitation to Ahmad, that would be an issue of academic freedom.
10.2.2007 1:12am
theobromophile (www):

gleefully pulled off multiple mass thefts of "offensive" (meaning conservative) student publications.

I knew that my alma mater would get a shout-out, even if lumped in with other repressive institutions of higher education.

My one issue with affirmative-action bake sales is that, on the undergrad side of the world, they should charge women more than men. At most schools, men get a thumb on the scale because there are more women who apply to college. Maybe it would be helpful for schools to correlate the cost with the GPA and SAT score needed to get in.... ;)
10.2.2007 1:33am
Brian K (mail):
mrshl,

i'm with you. my eyes glazed over once i realized this was strictly a partisan piece designed to make the left look bad and not an attempt at any sort of rational discourse.
10.2.2007 2:01am
Redlands (mail):
Brian K, the left doesn't need Mr. Bernstein's help to look bad. They're doing a bang-up job on their own. And what's so irrational about identifying the phenomenon? Not that it will tempt the Lee Bollinger's of the U.S., and academia in particular, to reexamine their First Amendment values.
10.2.2007 2:15am
AF:
Taylor's column is, not to put a fine point on it, incoherent pablum, an embarrassing piece for a smart lawyer like him to put his name on.

Let's analyze Taylor's claim that Lee Bollinger is "selective in [his] devotion to the First Amendment." First piece of evidence: "When a student group recently canceled an event featuring an anti-illegal-immigration speaker for fear of a hecklers' veto by leftist students, for example, Bollinger had nothing to say." Observe that Bollinger did not himself cancel the invitation -- a student group did, so it's unclear what the prima facie case is for Bollinger's selective application of free speech principles. Observe further that last year Bollinger himself cancelled Ahmadinejad's invitation, which he has never done to Gilchrist -- so any selectivity that exists is in Gilchrist's favor. Finally, consider that Bollinger didn't have "nothing to say" about Ahmadinejad's invitation; he had vitriol to spew. It is simply untenable to accuse Bollinger of treating Ahmadinejad more favorably than Jim Gilchrist.

Nevertheless, Taylor goes on. Apparently Bollinger's denunciations and disciplining of the students who disrupted Gilchrist's speech last year were too mild. So Bollinger permits Gilchrist to speak and denounces and punishes students who attack Gilchrist, and this is a double standard because he . . . lets Ahmadinejad speak and himself attacks Ahmadinejad? Again, the double standard, if any, is in Gilchrist's favor.

Now on to some random observations about the hockey team's recruiting posters and the Teacher's College student evaluation criteria, with no apparent connection to the question of who can speak at Columbia or even to Bollinger at all (indeed, as Taylor acknowledges, the discipline of the hockey team was revoked -- are we supposed to think that it was Bollinger who made the initial decision to discipline the team but was then overruled by higher ups?) These are red herrings, content-free talking points.

Now this:

This is also the same Bollinger who joined a vote of the university's Senate in 2005 to continue a 36-year ban of ROTC programs from Columbia because of the military's discrimination (which I, too, deplore) against service members who admit to being gay. Did anyone tell him that Ahmadinejad's government executes people who admit to being gay?

The obvious problem here is the US military isn't banned from speaking on campus, only running programs. Ahmadinejad can't run programs either.

That is the same problem with Taylor's final point, namely, that Bollinger signed an amicus brief in the FAIR v. Rumsfeld case, arguing that universities had the right to ban military recruiters. Again, there is no discernible reason universities should apply the same standards to who can recruit as it does to who can speak. It's perfectly consistent to let anybody speak, but only those who don't discriminate recruit.

In sum, Taylor's column is the sort of vacuous, poorly reasoned, partisan bitching that passes for political discourse on some tabloid op ed pages but is (usually) thankfully absent from volokh.com.
10.2.2007 2:22am
neurodoc:
Brian K also posts to VC as burrnini. (see 3/15/07)
10.2.2007 2:40am
Brian K (mail):
Brian K, the left doesn't need Mr. Bernstein's help to look bad.
Funny, i don't remember mentioning bernstein at all in my post. now correct me if i'm wrong, but it was a guy named taylor that wrote the article.

They're doing a bang-up job on their own. And what's so irrational about identifying the phenomenon? Not that it will tempt the Lee Bollinger's of the U.S., and academia in particular, to reexamine their First Amendment values.
I could respond to this but AF did it very nicely. if the right wants to make itself look bad, taylor's article and your post couldn't have done a better job of it.
10.2.2007 2:42am
AF:
I would add that not only is it consistent to tolerate all speakers but only non-discriminatory employers, that is the law in New York: everyone has a right to speak (First Amendment) but employers may not discrimininate on the basis of sexual orientation (NY Human Rights Law). The military is, of course, exempt from New York law (and Columbia isn't a state actor for First Amendment purposes), but in principle, Columbia's policies are simply those of New York State (and also of the federal government, with respect to race, sex, national origin, and religion).
10.2.2007 2:43am
Brian K (mail):
neurodoc,

is this going to be a recurring theme? you runaway everytime i try to defend myself? or you continue to refuse to attack the substance of my original posts. Fine then...if that's the way you want it.

Neurodoc is a bigot. (see 10/1/07)
10.2.2007 2:46am
SFBurke (mail):
AF:

Taylor's points were quite clear; that you don't like them doesn't make them incoherent. It is clear that Bollinger is not that worried about free speech on campus or he would do more to protect conservative speakers. It is clear that Bollinger is using discrimination against gays as a mere cover for anti-military views or he wouldn't be inviting the head of state of a regime that murders gays. That Bollinger ended up critizing A proves nothing more than that Bollinger is spineless -- if A was as bad as Bollinger says, why did Bollinger invite him to begin with? Clearly Bollinger realized that inviting A was a big PR mistake and, therefore, he tried to make up for it by critizing A. (which was stupid because he just made A look like a martyr.)

Taylor's piece may have made you uncomfortable but there was nothing embarassing or weak abou it.

SFB
10.2.2007 3:13am
MDJD2B (mail):

So Bollinger permits Gilchrist to speak and denounces and punishes students who attack Gilchrist, and this is a double standard because he . . . lets Ahmadinejad speak and himself attacks Ahmadinejad?


AF:

Are you really equating verbal criticism with violently shoving someone off a platfrom and not letting him speak?
10.2.2007 9:30am
c. l. ball:
I think Taylor has lost his mind:

a) Univ. president invites head of government to speak as part of a program that invites other heads of goverments to speak, including ones from countries w/ as bad if not worse HR records (Turkmenistan's president spoke the same day under the same program and Freedom House rates Turkmenistan's HR record worse than Iran's for 2006).

b) Univ. president is not reported to have commented on a student organization's decision to rescind an invitation to the leader of an anti-immigration group, who was forced off the stage by protestor, an action that the president condemned and punished students for.

So positive act (a) cannot be about free speech because of the non-comment (b). Huh?

US military is barred from recruiting at Columbia because it bans homosexuals. Iran's military cannot recruit at Columbia either, but Iran's president, who hates homosexuals, is invited to speak. When Columbia bans military officers from speaking at Columbia, there's a contradiction. Otherswise, not.

The only thing Taylor is right about is that UC Regents should not have rescinded Summers invitation based on a faculty protest letter. Summers said some inept and silly things at a luncheon talk several years ago, which he later apologized for and admitted were not sensible (he suggested they were not sensible in his talk, which raised the question of why he raised them; he had every opportunity to explain why recruiting senior female faculty in the hard sciences is hard at the conference he was speaking at, but failed to do so). He's still a leading economist and has every reason to be invited by the UC Regents to speak. Those faculty who signed the protest letter were petty.
10.2.2007 10:12am
AF:
SFBurke: If you think I was saying I didn't "like" Taylor's point or it made me "uncomfortable," you don't read very carefully.

MDJD2B: No, I'm not equating the students' treatment of Jim Gilchrist with Bollinger's treatment of Ahmadinejad. I am saying that Bollinger's treatment of Gilchrist was better than his treatment of Ahmadinejad.
10.2.2007 10:55am
Salaryman (mail):

The obvious problem here is the US military isn't banned from speaking on campus, only running programs. Ahmadinejad can't run programs either.



Again, there is no discernible reason universities should apply the same standards to who can recruit as it does to who can speak.


So, if the ACLU wished to recruit on campus, it would not implicate free speech concerns to bar them (and only them) because, after all, we're only talking about recruiting, not speech, right? And similarly, if Greenpeace wanted to set up an on-campus program to train environmental activists and they (but only they or those with views like them) were prohibited from doing so because the administration found their views offensive, no big deal, 'cause that's just "running a program," which of course has nothing to do with free speech, correct? (Insert here usual caveat about private institutions not being subject to First Amendment.)
10.2.2007 11:00am
AntonK (mail):
"...designed to make the left look bad and not an attempt at any sort of rational discourse."

Oh, that's rich! The Left doesn't need anyone to make them look bad, they do a first-rate job all by themselves.
10.2.2007 11:01am
AF:
Salaryman: If an employer is penalized because of its views, that violates free speech. If an employer is penalized because it discriminates, that's an anti-discrimination policy.

Again, Columbia's policy is consistent in principle with state law (which doesn't apply to the military). New York State can't prevent the Klu Klux Klan from recruiting, but it can stop it from discriminating. This is basic stuff.
10.2.2007 11:55am
Salaryman (mail):
AF: Why not just be up front about it:

If an employer is penalized because of views which you (or the powers that be, or whoever) think are permissible, then that's "free speech" and restrictions thereon are unwarranted.

If an employer is penalized because of views which you (or the powers that be, or whoever) think are impermissible, then that's "discrimination" and restrictions thereon are fine.

If that's NOT what you really mean, please advise.
10.2.2007 1:10pm
Brian K (mail):
AntonK,

HAHAHA...i see you skipped over redlands post. your joke certainly isn't funny enough to make twice on the same board.
10.2.2007 1:36pm
AF:
Salaryman: If Columbia banned Focus on the Family from recruiting, I would oppose it, though I disagree with Focus on the Family's views. If Columbia cancelled a speech by Jim Gilchrist, I would oppose that too.
However, Columbia has not done either of things. It has applied its free speech policy neutrally.

The distinction between employment discrimination and speech is familiar and universally accepted. I can't tell whether you really don't get it, or just pretend not to.
10.2.2007 2:10pm
randal (mail):
Salaryman: You can have a view that you don't like blacks, but you can't kill them for it. Similarly, you can have a view that you don't like blacks, but you can't fire them for it.

Is that hard for you to understand?
10.2.2007 10:33pm
glangston (mail):
Sorry. Once I read or hear someone say "loopy" I can't read anything else they say. But my love for double OOs and alliteration (loopy left!) can't get me over the hump. I honestly tried this time, too. But then I saw "ilk," and I realized it was another one of those pieces.

Once I see "ilk," I realize I'm dealing with a person who would rather complain than have a conversation. Like "loopy," it's shorthand for "I don't know how to talk about your ideas without insulting you.




The article actually states, "loopy radicals" and does so 3 times. This may mean "loopy leftist" to the author or the reader but it doesn't read that way.
10.2.2007 10:44pm
Michael B (mail):
A sound piece by Taylor, rightly labeling Bollinger's superficial CYA remonstrations as histrionics and rightly substantiating that charge with related material. Very much in line with Steyn and Mansfield on the same subject. The rank superficial and self-regarding qualities that so often attend the support of Ahmadinejad's speaking arrangement are stunning.
10.3.2007 2:40pm
Michael B (mail):
Otoh and in support of a different aspect of Bollinger, he has been very solid in condemning, indeed in helping to lead the condemnation of, the British academic boycott of Israeli academics.
10.4.2007 12:08am