Tag Archive for: First Amendment

Democrats Move to Criminalize Criticism of Islam

In FrontPage today I explain how lumping together violence with “hateful rhetoric” is a call to destroy the freedom of speech:

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December 17, 2015 ought henceforth to be a date which will live in infamy, as that was the day that some of the leading Democrats in the House of Representatives came out in favor of the destruction of the First Amendment. Sponsored by among others, Muslim Congressmen Keith Ellison and Andre Carson, as well as Eleanor Holmes Norton, Loretta Sanchez, Charles Rangel, Debbie Wasserman Schultz, Joe Kennedy, Al Green, Judy Chu, Debbie Dingell, Niki Tsongas, John Conyers, José Serrano, Hank Johnson, and many others, House Resolution 569 condemns “violence, bigotry, and hateful rhetoric towards Muslims in the United States.” The Resolution has been referred to the House Committee on the Judiciary.

That’s right: “violence, bigotry and hateful rhetoric.” The implications of those five words will fly by most people who read them, and the mainstream media, of course, will do nothing to elucidate them. But what H. Res. 569 does is conflate violence — attacks on innocent civilians, which have no justification under any circumstances – with “bigotry” and “hateful rhetoric,” which are identified on the basis of subjective judgments. The inclusion of condemnations of “bigotry” and “hateful rhetoric” in this Resolution, while appearing to be high-minded, take on an ominous character when one recalls the fact that for years, Ellison, Carson, and his allies (including groups such as the Hamas-linked Council on American-Islamic Relations, CAIR) have been smearing any and all honest examination of how Islamic jihadists use the texts and teachings of Islam to incite hatred and violence as “bigotry” and “hateful rhetoric.” This Resolution is using the specter of violence against Muslims to try to quash legitimate research into the motives and goals of those who have vowed to destroy us, which will have the effect of allowing the jihad to advance unimpeded and unopposed.

That’s not what this H. Res. 569 would do, you say? It’s just about condemning “hate speech,” not free speech? That kind of sloppy reasoning may pass for thought on most campuses today, but there is really no excuse for it. Take, for example, the wife of Paris jihad murderer Samy Amimour – please. It was recently revealed that she happily boasted about his role in the murder of 130 Paris infidels: “I encouraged my husband to leave in order to terrorize the people of France who have so much blood on their hands […] I’m so proud of my husband and to boast about his virtue, ah la la, I am so happy.” Proud wifey added: “As long as you continue to offend Islam and Muslims, you will be potential targets, and not just cops and Jews but everyone.”

Now Samy Amimour’s wife sounds as if she would be very happy with H. Res. 569, and its sponsors would no doubt gladly avow that we should stop offending Islam and Muslims – that is, cut out the “bigotry” and “hateful rhetoric.” If we are going to be “potential targets” even if we’re not “cops” or “Jews,” as long as we “continue to offend Islam and Muslims,” then the obvious solution, according to the Western intelligentsia, is to stop doing anything that might offend Islam and Muslims – oh, and stop being cops and Jews. Barack “The future must not belong to those who slander the prophet of Islam” says it. Hillary “We’re going to have that filmmaker arrested” Clinton says it. The U.S. Conference of Catholic Bishops, certain that anyone who speaks honestly about Islam and jihad is a continuing danger to the Church, says it.

And it should be easy. What offends Islam and Muslims? It ought to be a simple matter to cross those things off our list, right? Making a few sacrifices for the sake of our future of glorious diversity should be a no-brainer for every millennial, and everyone of every age who is concerned about “hate,” right? So let’s see. Drawing Muhammad – that’s right out. And of course, Christmas celebrations, officially banned this year in three Muslim countries and frowned upon (at best) in many others, will have to go as well. Alcohol and pork? Not in public, at least. Conversion from Islam to Christianity? No more of that. Building churches? Come on, you’ve got to be more multicultural!

Everyone agrees. The leaders of free societies are eagerly lining up to relinquish those freedoms. The glorious diversity of our multicultural future demands it. And that future will be grand indeed, a gorgeous mosaic, as everyone assures us, once those horrible “Islamophobes” are forcibly silenced. Everyone will applaud that. Most won’t even remember, once the jihad agenda becomes clear and undeniable to everyone in the U.S. on a daily basis and no one is able to say a single thing about it, that there used to be some people around who tried to warn them.

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Muslim Student Association demands ‘zero tolerance policy for Islamophobic speech’

Here again we see how Leftist and Islamic supremacist groups use the term “Islamophobia” for both attacks on innocent civilians, which have no justification under any circumstances, and for honest examination of how Islamic jihadists use the texts and teachings of Islam to incite hatred and violence. These groups use the former to quash the latter, which will have the effect of allowing the jihad to advance unimpeded and unopposed.

Is that what the MSA wants? Probably, since it is a Muslim Brotherhood organization. According to Discover the Networks, “The Muslim Students Association of the United States and Canada, or MSA (also known as MSA National), was established mainly by members of the Muslim Brotherhood (MB) in January 1963 at the University of Illinois, Urbana-Champaign. Nyack College theologian Larry A. Poston writes that “many of the founding members of this agency [MSA] were members of, or had connections to,” the Muslim Brotherhood or Jamaat-i-Islami. The three most significant founders of MSA were Hisham al Talib, Jamal Barzinji, and Ahmed Totanji, and all of whom were MB leaders of Iraqi descent. Other noteworthy individuals who served as early co-founders of MSA were Mahboob Khan and Malika Khan.”

Meanwhile, our nation’s universities are increasingly becoming thuggish centers of Leftist indoctrination where opposing views are forcibly silenced. This holds true across the country, from ostensibly Catholic entities such as Saint Anselm College in New Hampshire to secular ones such as San Diego State University.

“Muslim Student Association demands all ‘Islamophobic speech’ be punished,” by Alec Dent, College Fix, December 28, 2015:

The Muslim Student Association at San Diego State University is demanding that administrators combat Islamophobia by developing a “zero tolerance policy explicitly for Islamophobic speech and actions.”

The demands, modeled after similar ones issued by black student associations at campuses across the nation, were lodged after a female Muslim student was allegedly attacked by a white man in a campus parking lot on the afternoon of Nov. 19, about a week after the Paris terrorist attacks, which killed 130 people.

At SDSU, despite reports that several witnesses stood by and did nothing as the attacker grabbed the woman’s hijab, as well as a police sketch of the alleged attacker, a police investigation could not identify a suspect, according to the San Diego Union Tribune.

Meanwhile, the female student who said she was attacked has not been identified. But she told Hanif Mohebi, executive director of the Council on American-Islamic Relations-San Diego, that her attacker grabber her from “behind,” called her a terrorist, “choked her with the hajib” and told her to “get out of this country,” the Union Tribune reports.

Several comments on the article expressed incredulity over the attack, questioning whether it is a hate-crime hoax.

Yet less than a week after the alleged hate crime, SDSU’s Muslim Student Association held a protest against Islamophobia on campus that attracted hundreds of students.

Yasser Kaziha, a member of the Muslim Student Association, said that he personally knew the victim of the attack, and “when the attack on our Muslim sister happened here at SDSU, she felt alone after bystanders and witnesses who watched the attack did nothing,” he told the Union Tribune.

At the rally, the Muslim Student Association issued its list of demands, which members claim will help prevent future acts of bigotry against the Muslim community.

They demanded that the university adopt a zero-tolerance policy toward “Islamophobic speech,” mandatory bystander training, develop more courses on Islam, and increase funding for The Center for Intercultural Relations. Moreover, they demanded that “the SDSU administration address, alleviate, and eliminate systems of oppression that disproportionately target students of color, womyn, and all marginalized students on campus.”

Beth Chee, a representative for the university, told The College Fix in an email that the university has not issued a formal response to the demands, but members of the administration have reviewed the list and are currently “meeting internally and with the students to discuss their concerns.”…

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VIDEO: The Criminalization of Dissent

I filmed this “Robert Spencer Moment” for Jamie Glazov’s Glazov Gang on some recent experiences that I have had, showing how those who reject establishment views are coming under increased law enforcement scrutiny.

Jamie Glazov adds:

Don’t miss it!

And make sure to watch Robert on the Glazov Gang discuss To Flood America With Muslim Refugees, where he exposes the real meaning of the Islamic State threatening to flood Europe with 500,000 refugees in February, 2015: CLICK HERE.

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EDITORS NOTE: The Glazov Gang is a fan-generated program. Please donate through their Pay Pal account, subscribe to their YouTube Channel and LIKE them on Facebook.

GOP Presidential Candidates Pledge Support of the First Amendment Defense Act

WASHINGTON, D.C. /PRNewswire-USNewswire/ — FRC Action, the legislative affiliate of the Family Research Council, has joined together with Heritage Action for America and American Principles Project, to invite each of the candidates running for President to sign the following pledge:

“If elected, I pledge to push for the passage of the First Amendment Defense Act (FADA) and sign it into law during the first 100 days of my term as President.”

FADA would prohibit the federal government from penalizing people for their personal, moral or religious beliefs on natural marriage in federal employment, grants, contracts, tax treatment, and other programs. It also protects individuals or entities that believe, teach or establish in codes of conduct that sexual intimacy is reserved for natural marriage.

FRC Action President Tony Perkins commented:

“I commend the ten presidential candidates who have signed the pledge or have publicly stated support for legislation that simply protects Americans from being punished by the government for holding a belief in natural marriage.

“Our future President, whoever he or she may be, has an important part to play in making FADA a reality in the first 100 days of the new Administration but Congress still has a responsibility in 2016 and beyond.

“Every day the American people open their newspapers and read about how their fellow citizens are becoming targets of political correctness. This is why candidates who haven’t given into political correctness are being rewarded in the polls. Values voters who make up nearly half of the GOP recognize that our nation is in desperate need of a president who respects what the Constitution plainly states about religious freedom.

“The First Amendment Defense Act reflects our nation’s history of recognizing, respecting and protecting the moral and religious beliefs of people and faith-based organizations. No person or nonprofit should lose tax exempt status, face disqualification, lose a professional license or be punished by the federal government simply for believing what President Obama believed just three years ago, that marriage is the union of a man and a woman,” concluded Perkins.

So far, six candidates have signed the pledge: Senator Ted Cruz (R-TX), Senator Marco Rubio (R-FL), Dr. Ben Carson, Carly Fiorina, former Governor Mike Huckabee (R-AR), and former Senator Rick Santorum (R-PA).

Four candidates did not sign the pledge but have expressed public support for FADA: Donald Trump, former Governor Jeb Bush (R-FL), Senator Lindsey Graham (R-S.C.), and Senator Rand Paul (R-KY).

Ideas in Exile: The Bullies Win at Yale by Diana Furchtgott-Roth

The student speech bullies have won at Yale. Erika Christakis, Assistant Master of Yale’s Silliman College, who had the temerity to suggest that college students should choose their own Halloween costumes, has resigned from teaching. Her husband, sociology professor Nicholas Christakis, Master of Silliman College, will take a sabbatical next semester.

One of the bullies’ demands to Yale President Salovey was that the couple be dismissed, and a resignation and sabbatical are a close second.

As had been widely reported, Erika Christakis said,

Is there no room any more for a child or young person to be a little bit obnoxious, a little bit inappropriate or provocative or, yes, offensive? American universities were once a safe space not only for maturation but also for a certain regressive, or even transgressive, experience; increasingly, it seems, they have become places of censure and prohibition.

At issue are costumes such as wearing a sombrero, which might be offensive to Mexicans; wearing a feathered headdress, which might offend Native Americans, previously termed Red Indians; and wearing blackface to dress up as an African American.

Dr. Christakis’s comment is so obvious that it hardly needs to be said. Students who are admitted to Yale are some of the brightest in the country, and it should not be the role of the University to tell them how, or whether, to dress up at Halloween.

The speech bullies want mandatory diversity training, rules against hate speech, the dismissal of Nicholas and Erika Christakis, and the renaming of Calhoun College because its namesake, John Calhoun, defended slavery.

If America is to be whitewashed of the names of individuals from prior centuries who fall short of the political standards of the 21st century, we will be a nation not only without names but also without a past. The names of our states, our municipalities, and even our universities would disappear. Elihu Yale was a governor of the East India Company, which may have occasionally engaged in the slavery trade. It is easy to condemn the dead who cannot defend themselves. But if we curse the past, what fate awaits us from our progeny?

Not all Yale students agree with the tactics employed by the bullies. Freshman Connor Wood said,

The acceptance or rejection of coercive tactics is a choice that will literally decide the fate of our democracy. Our republic will not survive without a culture of robust public debate. And the far more immediate threat is to academia: how can we expect to learn when people are afraid to speak out?

The Committee for the Defense of Freedom at Yale has organized a petition in the form of a letter to President to express concern with the bullies’ demands. Over 800 members of the Yale community have signed. Zachary Young, a junior at Yale and one of the organizers of the petition, told me in an email, “We want to promote free speech and free minds at Yale, and don’t think the loudest voices should set the agenda.”

Nevertheless, it appears that the loudest voices are indeed influencing President Salovey. He has given in to protesters by announcing a new center for the study of race, ethnicity, and social identity; creating four new faculty positions to study “unrepresented and under-represented communities;” launching “a five-year series of conferences on issues of race, gender, inequality, and inclusion;” spending $50 million over the next five years to enhance faculty diversity; doubling the budgets of cultural centers (Western culture not included); and increasing financial aid for low-income students.

In addition, President Salovey volunteered, along with other members of the faculty and administration, to “receive training on recognizing and combating racism and other forms of discrimination.”

With an endowment of $24 billion, these expenses are a proverbial drop in the bucket for Yale. But it doesn’t mean that the administration should cave. Isaac Cohen, a Yale senior, wrote in the student newspaper,

Our administrators, who ought to act with prudence and foresight, appear helpless in the face of these indictments. Consider President Salovey’s email to the Yale community this week. Without any fight or pushback — indeed, with no thoughts as to burdens versus benefits — he capitulated in most respects to the demands of a small faction of theatrically aggrieved students.

Yale’s protests, and others around the country, including Claremont-McKenna, the University of Missouri, and Princeton, stem from the efforts of a small group of students to shield themselves from difficult situations. Students want to get rid of speech that might be offensive to someone that they term a “micro-aggressions.” This limits what can be said because everything can be interpreted as offensive if looked at in a particular context.

For instance, when I write (as I have done) that the wage gap between men and women is due to the sexes choosing different university majors, different hours of work, and different professions, this potentially represents a micro-aggression, even though it is true. Even the term “the sexes” is potentially offensive, because it implies two sexes, male and female, and leaves out gays, lesbians, and transgenders. The term “gender” is preferred to “sex.”

What about a discussion of the contribution of affirmative action to the alienation of some groups on campuses today? Under affirmative action, students are admitted who otherwise might not qualify. In Supreme Court hearings on Wednesday, Justice Antonin Scalia said, “There are those who contend that it does not benefit African Americans to — to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less — a slower-track school where they do well.”

The majority of students at Yale want an open discussion of all subjects, but the attack on the Christakises have frightened them into silence. Zach Young told me,

If the accusers’ intent was to enlighten and persuade, their result was to silence and instill fear. I worry that because of this backlash, fewer students or faculty — including people of color and those of liberal persuasions — will feel comfortable expressing views that dissent from the campus norms. Why risk getting so much hate, disgust, calls against your firing, just for the sake of expressing an opinion?

Why indeed? The answer is that arguing about opinions is the only way to get a real education. Let’s hope that another university stands up for freedom of speech and offers the Christakises teaching positions next semester.

This article first appeared at CapX.

Diana Furchtgott-RothDiana Furchtgott-Roth

Diana Furchtgott-Roth, former chief economist of the U.S. Department of Labor, is director of Economics21 and senior fellow at the Manhattan Institute.

Where Is Speech Most Restricted in America? by George C. Leef

A good argument can be made that free speech is least safe on private college campuses.

At public universities, the First Amendment applies, thus giving students, faculty members, and everyone else protection against official censorship or punishment for saying things that some people don’t want said.

A splendid example of that was brought to a conclusion earlier this year at Valdosta State University, where the school’s president went on a vendetta against a student who criticized his plans for a new parking structure — and was clobbered in court. (I discussed that case here.)

But the First Amendment does not apply to private colleges and universities because they don’t involve governmental action. Oddly, while all colleges that accept federal student aid money must abide by a vast host of regulations, the Supreme Court ruled in Rendell-Baker v. Kohn that acceptance of such money does not bring them under the umbrella of the First Amendment.

At private colleges, the protection for freedom of speech has to be found (at least, in most states) in the implicit contract the school enters into with each incoming student. Ordinarily, the school holds itself out as guaranteeing certain things about itself and life on campus in its handbook and other materials. If school officials act in ways that depart significantly from the reasonable expectations it created, then the college can be held liable.

As the Foundation for Individual Rights in Education (FIRE) puts it, “There is a limit to ‘bait-and-switch’ techniques that promise academic freedom and legal equality but deliver authoritarianism and selective censorship.”

With that legal background in mind, consider a recent case at Colorado College. If Franz Kafka or George Orwell had toyed with a similar plot, they’d probably have rejected it as too far-fetched.

Back in November, a student, Thaddeus Pryor, wrote the following reply to a comment (#blackwomenmatter) on the social media site Yik Yak: “They matter, they’re just not hot.” Another student, offended that someone was not taking things seriously, complained to college officials. After ascertaining that the comment had been written by Pryor, the Dean of Students summoned him to a meeting.

Pryor said that he was just joking. What he did not realize is that there are now many things that must not be joked about on college campuses. Some well-known American comedians have stopped playing on our campuses for exactly that reason, as Clark Conner noted in this Pope Center article.

In a subsequent letter, Pryor was informed by the Senior Associate Dean of Students that his anonymous six word comment violated the school’s policy against Abusive Behavior and Disruption of College Activities.

Did that comment actually abuse anyone? Did it in any way disrupt a college activity?

A reasonable person would say “of course not,” but many college administrators these days are not reasonable. They are social justice apparatchiks, eager to use their power to punish perceived enemies of progress like Thaddeus Pryor.

For having joked in a way that offended the wrong people, Pryor was told that he was suspended from Colorado College until June, 2017. Moreover, he is banned from setting foot on campus during that time. And in the final “pound of flesh” retribution, the school intends to prohibit him from taking any college credits elsewhere.

With FIRE’s able assistance, Pryor is appealing his punishment. Perhaps the college’s attorney will advise the president to back off since its own “Freedom of Expression” policy hardly suggests to students that they will be subject to severe punishment for merely making offensive jokes on a social media site. If the case were to go to trial, there is a strong likelihood that a jury would find Colorado College in breach of contract.

Even if the school retreats from its astounding overreaction to Pryor’s comment, the administration should worry that alums who aren’t happy that their school has fallen under the spell of thought control will stop supporting it.

This incident is emblematic of a widespread problem in American higher education today: administrators think it’s their job to police what is said on campus, even comments on a social media app. Many colleges and universities have vague speech codes and “harassment” policies that invite abuse; those positions tend to attract mandarins who are not scholars and do not value free speech and unfettered debate. They are committed to “progressive” causes and will gladly use their power to silence or punish anyone who doesn’t go along.

American colleges have been suffering through a spate of ugly protests this fall. Among the demands the protesters usually make is that the school mandate “diversity training” for faculty and staff. Instead of that, what most schools really need is tolerance training, with a special emphasis on the importance of free speech. Those who don’t “get it” should be advised to find other employment.

George C. Leef
George C. Leef

George Leef is the former book review editor of The Freeman. He is director of research at the John W. Pope Center for Higher Education Policy.

A Sad Day for Free Speech in America

The day after a horrific shooting spree by what appears to be a radicalized Muslim man and his female partner in San Bernardino, California, Attorney General Loretta Lynch pledged to a Muslim advocacy and lobbying group that she would take aggressive action against anyone who used “anti-Muslim rhetoric” that “edges toward violence.”

Loretta Lynch Vows to Prosecute Those Who Use ‘Anti-Muslim’ Speech That ‘Edges Toward Violence’:

Lynch failed to describe what constitutes speech that “Edges toward violence”. No one wants to see incitement to violence. But the non-standard enunciated by Lynch is so ambiguous that  anything Lynch or the Obama administration decides they don’t like may be defined as “edging toward violence” and could subject a person to prosecution. This is also a violation of the standard enunciated by the Supreme Court in the case of Brandenburg vs. Ohio 1969 which held that free speech is protected unless the speech leads  to “Imminent Lawless Action” or is a “Clear and Present Danger”. Edges toward violence does not meet this standard. It is no standard at all. Under Lynch’s non-standard the Obama administration could find it actionable if a person notifies the authorities that a Muslim might be involved in terrorist activities but it turns out to be inaccurate.

This is a sad day for the rule of law and free speech in America and only used to happen in totalitarian countries.

The FBI and police are already overwhelmed by the number of Muslims under investigation. Allowing Muslim refugees and other Muslims into the country without more thorough and accurate vetting than in the past will only exacerbate the problem. It is sad that Muslim clerics and the Muslim population don’t publicly call for changes in the interpretation of their ‘Supremacist Religion’ and expose Radical Islamists before they act.

It is no secret that Radical Islamic terrorists generally live and emerge from the bowels of the Muslim population. They are the only ones who can effectively fight extremism.

Read more: Loretta Lynch Vows to Prosecute Those Who Use ‘Anti-Muslim’ Speech That ‘Edges Toward Violence’

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Loretta Lynch Must Go

lorettalynchgraphicOn Thursday, Dec. 5, 2015, Attorney General Loretta Lynch threw down the gauntlet in a speech before the Muslim Advocate’s 10th Anniversary dinner in Arlington, Virginia.  Speaking just one day after Muslim terrorists, Sayed Rizwan Farook and his Saudi wife, Tashfeen Malik, murdered fourteen innocent people in an unprovoked terror attack on the Inland Regional Center in San Bernardino, California, Lynch said, “On behalf of our nation’s Justice Department, I am grateful to count you as partners in our work to promote tolerance, to ensure public safety, and to protect civil rights (emphasis added)

She went on to say, “Since becoming Attorney General last February, I have heard from Arab Americans and Muslims who say they feel uneasy about their relationship with the United States government.  Some feel that they have not been afforded the full rights of citizenship.  Others are worried about the safety of their families, communities, and places of worship.  And, too often, Muslims and Arab Americans have told me that they feel as though they are treated by their fellow citizens, by their government, and especially by those of us in law enforcement as though it were ‘us versus them.’  That is unacceptable, and it is inconsistent with what America is all about.”

So if a few Muslims are worried about the safety of their families, their communities, and their places of worship, what is that compared to the fear and dread that radical Islamists have spread among the hundreds of millions of peace-loving people of Europe and North America?  And if Muslims and Arab-Americans feel as if they are the victims of an “us versus them” political and social environment, just who do they think created that atmosphere?  It is not Christians and Jews and other non-Muslims who have rejected Muslims, it s Muslims who have come to our country and have refused to assimilate into our culture.  Not only have they not assimilated into our culture, they have let it be known that it is their intention to obliterate our culture and our form of government from the face of the Earth.

Lynch went on to say, “Muslims and Arab Americans have helped to build and strengthen our nation.  They have served as police officers, teachers, civic leaders and soldiers – strengthening their local communities and safeguarding their country.  And the cooperation of Muslim and Arab-American communities has been absolutely essential in identifying, and preventing, terrorist threats.  We must never lose sight of this.  And, as we work to create a brighter and more prosperous future, we must not fail to heed the lessons of our past.”

No one but an Obama administration toady could ever stand up in public and say with a straight face that Muslims and Arab-Americans have helped to “build and strengthen” our nation, have played a vital role in “identifying and preventing terrorist threats,” and have worked to “build a brighter and more prosperous future” for all Americans.

When asked to comment on the Obama administration’s attitude toward anti-Muslim rhetoric in the days since the Paris attacks, she said, “My message to the Muslim community is that we

stand with you in this.  Where we do see anti-Muslim rhetoric and actions turning into violence, we do take action… We have charged 225 defendants with hate crimes over the last six years… most of those in the last three years.  Since 9/11 we’ve had over 1,000 investigations into anti-Muslim hatred, including rhetoric and bigoted actions, with over forty-five prosecutions…”

She went on to say, “I think it’s important, however, that as we again talk about the importance of free speech, we make it clear that actions predicated on violent talk are not American.  They are not who we are, they’re not what we do, and they will be prosecuted.

Looking directly into the camera, she said, “My greatest fear as a prosecutor, as someone who is sworn to the protection of all the American people, is that the rhetoric will be accompanied by acts of violence…  When it comes to combating these heinous crimes, our message is simple: If you engage in violence fueled by bigotry – no matter the object or nature of your hate – we will bring you to justice.

Lynch challenged her Muslim audience, saying, “Often, you learn of incidents before law enforcement and I encourage you to report these incidents to the Justice Department.  I assure you: each and every report of a potential hate crime is taken seriously and, as our record of recent activity makes clear, we will investigate and prosecute violations of federal law whenever we can.  Last year, two Tennessee men were sentenced to more than 14 years in prison after pleading guilty to spray painting swastikas and the words ‘white power’ on a mosque – and then starting a fire that destroyed the mosque.  And last month, an Illinois man was sentenced to one year in prison after he pleaded guilty to sending a threatening e-mail to a mosque.”

Either the attorney general has failed to notice that, in recent years, nearly every act of violence stemming from hateful rhetoric has originated in the Muslim community, or she was delivering a stern message to the Muslim community that, unless they behave themselves, they would find themselves praying to Allah five times a day from behind prison walls.  However, being Barack Obama’s principal legal henchman, it’s pretty obvious to all concerned, Muslims and non-Muslims alike, that her thinly-veiled threats were directed toward non-Muslims.

Reaction to the attorney general’s threat was swift and predictable.  Radio talk show host Joe Walsh, a former congressman from Illinois’ 8th Congressional District (suburban Chicago) produced the below YouTube video describing exactly how he feels about Muslims and challenging the attorney general to have him arrested.

In his video, he said, “You come out today and you say you’re going to prosecute Americans who use anti-Muslim speech.  That doesn’t happen in this country.   I can say what I want about Christians, Jews, and Muslims.  I think Islam has a real “fricking” problem, alright?  There’s a cancer in Islam.  And if they’re not gonna’ learn to assimilate, I don’t want them in this country.

“You got a problem, Loretta Lynch, with me saying that?  Then throw me in jail.  Here… I’ll give you a perfect opportunity.  I think Islam is evil.  I think Islam’s got a huge problem.  I think most Muslims around the world are not compatible with American values.  I don’t want ‘em here.  So, what?… you’re worried about a backlash against Muslims?”

“Fourteen Americans were killed three days ago and you come up the next day and say you’re greatest fear is anti-Muslim backlash.  Well, you know what?  I hope there is a backlash.  There should be a backlash.  I’m going to encourage a backlash.  And you know what, Loretta Lynch?  If that bothers you, prosecute me.  Throw me in jail.”

In a written follow-up, Walsh argued that “most Muslims around the world are (either) terrorists, support terrorism, and/or support Sharia Law.”  He went on to say, “Any Muslim that is a terrorist or supports terrorism should be killed.  If ‘moderate’ Muslims don’t speak out against terrorism, they are our enemy and we should call them out and kick them out of this country.”

Directing his final words to Loretta Lynch, he said, “Is that ‘anti-Muslim rhetoric’ that edges toward violence?  Go ahead and prosecute me.  I dare you.”

As sharply divided as liberals and conservatives, Democrats and Republicans, are on these issues, one wonders how those liberals and Democrats who support the Obama administration’s policies on Muslim immigration would react when posed with a problem that brings the question of life-or-death a bit closer to home.

Since the San Bernardino attack, conservatives have attempted to put the Muslim immigration question into a context that even liberals can understand.  For example, on June 13, 2014, CNN reported that more than 4,000 pounds of rib-eye and other fresh beef, produced by the Fruitland American Meat Company in Jackson, Missouri, were subject to recall because of a fear that the meats could contain mad cow disease.  The meat in question was distributed by the Whole Foods distribution center in Connecticut, which services all of New England, one restaurant in New York, and one restaurant in Kansas City, Missouri.

With the understanding that northeastern liberals and Democrats appear quite willing to go along with Obama’s plan to import more than 100,000 Muslims each year because of the belief that only five out of every 100 (5%) of the world’s Muslim population are radicalized, how much of the suspect meat would New Englanders purchase if they were assured that no more than 5% of the meat was contaminated with mad cow disease?  If, as an inducement, Whole Foods reduced the price of prime filet mignon and rib-eye steaks to 50ȼ per pound, would New Englanders and New Yorkers be willing to take a chance?

For the Obama base, the low information voters of America, conservatives have restated the question in terms that even they might understand.  They were asked, “If you were presented with a bowl of 100 M&Ms and told that five of the 100 pieces were toxic (poisonous), how many pieces of candy would you eat?”  Even they, accustomed as they are to accepting “freebies,” would have sense enough to decline.

When Loretta Lynch was before the U.S. Senate Judiciary Committee for confirmation in April 2015, most conservatives held high hopes that she would be a welcome change from her lawless predecessor, Eric Holder.  However, all hope were dashed when Lynch refused to assure senators that, under her leadership, even the president of the United States would be required to obey the law and to uphold the U.S. Constitution.  What a disappointment she has been.  She must go.

And as for me, I’m with Joe Walsh.  If I can’t criticize radical Islamists, then come get me.

Poll: 40 percent of Millennials want Speech Censored

This Daily Caller report is all about how a large percentage of young people favor restrictions on speech deemed offensive to minorities, and while it discusses only racial minorities, there is no doubt that its findings apply to Muslims as well, and that many young people would want speech offensive to Muslims restricted as well. In 2014 I spoke at Cal Poly (video here) and took a question from an angry young woman who told me that there was a difference between “free speech” and “hate speech,” and that the latter should be restricted.

This is an increasingly common idea, taken for granted by large numbers of young people who don’t realize what a sleight-of-hand it is. They think “hate speech” is an easily recognized and universally accepted category of thought, when actually it is a subjective judgment used by those who are in power to discredit and marginalize their opponents. At Cal Poly I asked the questioner who should be entrusted with the momentous responsibility of determining what is hate speech and what isn’t, and pointed out that that person would have tyrannical powers over the rest of society. That didn’t trouble her at all, and that was the problem.

And meanwhile, while college students are indoctrinated into this taste for authoritarian government, the Organization of Islamic Cooperation (OIC) continues to work to compel Western governments to criminalize all criticism of Islam, which would allow jihad terror to advance unopposed and unimpeded.

“Poll: 40 Percent Of Millennials Want Speech Censored,” by Kerry Picket, Daily Caller, November 21, 2015:

A new Pew Research Center poll shows that 40 percent of American Millennials (ages 18-34) are likely to support government prevention of public statements offensive to minorities.

It should be noted that vastly different numbers resulted for older generations in the Pew poll on the issue of offensive speech and the government’s role.

Around 27 percent of Generation X’ers (ages 35-50) support such an idea, while 24 percent of Baby Boomers (ages 51-69) agree that censoring offensive speech about minorities should be a government issue. Only 12 percent of the Silent Generation (ages 70-87) thinks that government should prevent offensive speech toward minorities.

The poll comes at a time when college activists, such as the group “Black Lives Matter,” are making demands in the name of racial and ethnic equality at over 20 universities across the nation….

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RELATED VIDEO: Robert Spencer speaking at Cal-Poly:

Obama Supports (And Suppresses) Free Speech on Campus by David Bernstein

The Foundation for Individual Rights in Education reports: “For the second time this year, President Barack Obama publicly defended the importance of free speech on campus.”

The president’s defense is pretty good, though I’d prefer if he had pointed out more directly that left-wing campus activists should embrace free speech not just because it will make them more effective, but also because they should be open to the possibility that they are wrong on issues.

But that’s not why I’m giving the president only two cheers. Rather, it’s because the Obama administration was responsible for undermining freedom of speech on campus, and the president allowed that to happen. Here is the relevant excerpt from my new book Lawless:

In May 2013, OCR [the Department of Education Office for Civil Rights] and the Justice Department jointly sent a letter to the University of Montana memorializing a settlement to a sexual harassment case brought against the university. The letter stated that it was intended to “serve as a blueprint for colleges and universities throughout the country.”

Ignoring Supreme Court precedent, the First Amendment, and OCR’s own previous guidance, the letter declares that “sexual harassment should be more broadly defined as ‘any unwelcome conduct of a sexual nature,” including “verbal conduct,” regardless of whether it is objectively offensive or sufficiently severe or pervasive to create a hostile environment.

As FIRE pointed out in a blistering critique, this meant that the federal government was trying to impose a breathtakingly broad nationwide university speech code “that makes virtually every student in the United States a harasser.” OCR was trying to force universities to ban “any expression related to sexual topics that offends any person.”

So, for example, universities would be required to punish a student for telling a “sexually themed joke overheard by any person who finds that joke offensive for any reason,” or for “any request for dates or any flirtation that is not welcomed by the recipient of such a request or flirtation.”

Fortunately, a few months later, OCR got a new leader, Catherine Lhamon. Lhamon wrote in a letter to FIRE that “the agreement in the Montana case represents the resolution of that particular case and not OCR or DOJ policy.” She also reiterated that OCR’s understanding of hostile environment harassment in educational settings is “consistent” with the Supreme Court’s [much narrower] definition. OCR even allowed the University of Montana to disregard some of the requirements of the agreement.

But despite FIRE’s urging, OCR failed to issue any clarification of the Dear Colleague letter it had sent to the thousands of colleges and universities.

It would be tempting to attribute the original OCR letter to rogue bureaucrats at OCR, but we can’t since the Justice Department signed on as well. So while I appreciate the president’s stated commitment to freedom of speech on campus and am relieved that OCR isn’t trying to enforce the Montana guidance, one is left to wonder how that guidance got through two separate Obama administration bureaucracies to begin with.

This post first appeared at the Volokh Conspiracy ©.

David E. Bernstein

David E. Bernstein

David E. Bernstein is the George Mason University Foundation Professor at the George Mason University School of Law.

Government Can’t Censor Content — Even If It’s ‘For Your Own Good’ by Evan Bernick

Will a recent Supreme Court decision unleash more speech than Americans can handle?

In a recent New York Times article, reporter Adam Liptak (rightly) refers to Reed v. Town of Gilbert as “the sleeper case of the last Supreme Court term.” Liptak spoke with Robert Post, First Amendment scholar and dean of Yale Law School, and Floyd Abrams, constitutional lawyer and free-speech advocate.

In Reed, the Court invalidated a town sign code that treated signs promoting church services more harshly than signs promoting other messages, and made plain that such content-based restrictions on speech must undergo strict judicial scrutiny.

Abrams praised the decision; Dean Post, according to Liptak, predicted that it will “endanger[] all sorts of laws,” “roll consumer protection back to the 19th century,” and “destabilize First Amendment law.”

Those, like Abrams, who believe that “the First Amendment is about liberty” and that “we all lose by reading it narrowly” should welcome the ruling in Reed and pay no heed to Post’s parade of horribles.

Reed resolved an ambiguity that had confused lower courts for decades and rendered many Americans’ freedom to speak uncertain in important areas. In so doing, Reed honored the broad mandate of the First Amendment, which prohibits any law “abridging the freedom of speech,” making no exception for certain messages, ideas, or subject matters — regardless of whether the government promises that curbing speech is for our own good.

How did we get to Reed? The first major case to focus on content-based speech restrictions was Police Department of Chicago v. Mosley (1972), which concerned a Chicago ordinance that barred picketing within 150 feet of schools during the school day — except for picketing related to labor disputes.

The Court invalidated the ordinance because the government provided no credible evidence that labor picketing was less likely to be disruptive than other forms of picketing.

To selectively proscribe speech on the basis of its subject matter, said the Court, is to “completely undercut the ‘profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide open.’”

Subsequent cases would make clear that intent to censor is not essential to a determination that a restriction on speech is content-based; if the government had to inspect the content of speech to determine how it could be regulated, that was sufficient to trigger strict scrutiny.

But the nature of the Court’s content-based jurisprudence became muddled as it began to review First Amendment challenges to local zoning rules concerning adult businesses. These zoning rules clearly regulated speech based on its subject matter — they only applied to businesses whose expression was sexually explicit.

However, in City of Renton v. Playtime Theaters, Inc. (1986), the Court concluded that an ordinance targeting theaters that specialize in sexually explicit films was content-neutral and, thus, not subject to strict scrutiny, because it was “justified without reference to the content of the regulated speech” — specifically, because “the Renton ordinance is aimed not at the content of the films… but rather at the secondary effects of such theaters on the surrounding community.”

Renton was hotly debated by First Amendment scholars at the time, and scholar Laurence Tribe expressed concern that the newly-minted secondary effects doctrine would “undermine the very foundation of the content-based/content neutral distinction.”

In Ward v. Rock Against Racism (1989), Tribe’s concern was validated. Ward involved a content-neutral rule that required the use of city-provided sound equipment at concerts in Central Park, regardless of what was being performed.

Drawing upon Renton, the Court stated that the “[t]he principal inquiry in determining content neutrality… is whether the government has adopted a regulation of speech because of disagreement with the message it conveys.”

Some lower courts understood Ward to stand for the proposition that facially discriminatory laws — that is, laws that identify regulated speech based on its content — could be treated as content-neutral for purposes of the First Amendment, so long as the courts believed that those laws were enacted for public-spirited reasons.

But since government officials always profess benign intentions, proving censorial intent proved difficult. The result: the proliferation of speech restrictions, including licensing schemes restricting occupational speech (such as that of tour guides, interior designers, and veterinarians), panhandling bans, and noise ordinances that exempt certain noises from regulation depending on either their message or who is speaking.

Reed v. Town of Gilbert was a perfect example of this trend. In the decision below in Reed, the Ninth Circuit Court of Appeals determined that Gilbert’s sign code was “content-neutral” because of the town’s assurances that it had no intention to discriminate.

To combat this censorial trend, when the Supreme Court granted certiorari inReed, the Institute for Justice filed an amicus brief urging the Court to clarify that strict scrutiny applies:

  1. If a law expressly requires the government to look at the content of speech in determining whether or not it is subject to regulation, or
  2. When a law’s purpose is to censor messages with certain subject matters or viewpoints.

And thankfully, to the benefit of speakers across the country, the Supreme Court did exactly that.

Writing for the Court, Justice Thomas explained,

A law that is content based on its face is subject to strict scrutiny regardless of the government’s benign motive, content-neutral justification, or lack of ‘animus’ toward the ideas contained in the regulated speech.

The Court easily concluded that the sign code at issue classified signs on the basis of their content because whether or not the restrictions applied to any given sign “depend[ed] entirely on the communicative content of the sign.”

Having done so, the Court went on to perform the kind of truth-seeking judicial engagement that is required to ensure that the government does not act as a censor, insisting that the government demonstrate, with reliable evidence, that it was pursuing a compelling interest through means narrowly tailored to that end.

The town failed to carry its burden. Although the town claimed that the sign code “preserv[ed] the Town’s aesthetic appeal” and protected “traffic safety,” the town “allow[ed] unlimited numbers of other types of signs that create the same problem[s]” and did not demonstrate that “directional signs pose a greater threat to safety than do ideological or political signs.”

Even assuming that the town’s stated interests were compelling, the Court concluded that the sign code was insufficiently narrowly tailored to pass constitutional muster.

Which brings us to the present where, as Liptak observes, Reed is already having an impact.

In the wake of Reed, the Seventh Circuit Court of Appeals revisited an ordinance barring panhandling in the “downtown historic district” of Springfield, Illinois.

Last year, the Seventh Circuit had upheld the ordinance as content-neutral, even though an officer enforcing the ordinance would have to listen to the content of the speaker’s message in order to determine whether the ordinance had been violated. (A request for a charitable donation might be impermissible, but a request for a commercial transaction would not.)

Following Reed, the Seventh Circuit accepted a petition for rehearing and a unanimous panel invalidated the Springfield ordinance. Judge Easterbrook, writing for the panel, recognized the broad scope of Reed’s holding: “Any law distinguishing one kind of speech from another by reference to its meaning now requires a compelling justification.”

Although Reed reaffirmed the Court’s historical (and highly critical) view of content-based regulation, not everyone sees the ruling as cause for celebration. But Dean Post’s specific criticisms are unwarranted.

Although Post argues that the decision could undermine restrictions on misleading advertising and professional malpractice, such laws have coexisted with the First Amendment for over 200 years, and there is no reason to believe that the Court’s decision will change that. Nor will Reed destabilize our First Amendment law; it stabilizes that law by providing much-needed guidance to lower courts.

Dean Post’s real complaint is that, for over a quarter century, the Court has gradually shifted away from his preferred theory of the First Amendment — one that would allow the government to privilege certain favored categories of speech — towards a more libertarian view, which leaves such judgments about the value of speech to the free choices of Americans. Reed v. Town of Gilbert is simply the most recent step in that evolution, and it is nothing to be afraid of.

In Reed, the Court affirmed that the government is not free to pick and choose what topics it would prefer Americans speak about or what information they can be trusted with, even if the government earnestly professes that it has our best interests at heart. Reed will help to ensure that speech remains uninhibited, robust, and wide open.

A version of this article first appeared at the Huffington Post.

Evan Bernick
Evan Bernick

Evan is the Assistant Director of the Center for Judicial Engagement at the Institute for Justice, a libertarian public interest law firm.

A Modest Proposal For Ending Campus Microaggressions

While college students have been touring Europe, saving rainforests, or interning at high-powered government offices, college faculty and administrators have been preparing for the upcoming school year and the biggest problem that afflicts our institutions of higher learning: microaggressions.

Many people are unaware of microaggressions, but they lurk around every corner, in every classroom, dorm room, locker room, library cubicle, coffee shop, cafeteria, and under every tree and shrub on our bucolic campuses.

The journal that reports on everything important on our campuses, the Chronicle of Higher Education, explains microaggressions. This summer, it featured two lead articles on the problem.

The first, an essay, “Microaggression and Changing Moral Cultures” by sociology professors Bradley Campbell and Jason Manning, offers a good definition: “Microaggressions are remarks perceived as sexist, racist, or otherwise offensive to a marginalized social group.” And, “even though the offenses are minor and sometimes unintentional, repeatedly experiencing them causes members of minority groups great harm, which must be redressed.”

A fellow University of Virginia sociologist, Donald Black, elaborates: moral cultures are products of social conditions, and “acts of social dominance — such as belittling someone with insults,” are “more offensive in places or relationships where people are relatively equal. Likewise, acts of cultural intolerance. . . .” (The full disquisition is here.)

The Groundbreaking Discovery of Microaggressions

Chronicle reporter Peter Schmidt, in the companion investigative piece, reveals that microaggressions were discovered back in 1970 by Charles M. Pierce, a professor of education and psychiatry at Harvard’s medical school.

Those who still have images of the Confederate flag or Playboy centerfolds in their subconscious need special workshops, led by sociology and psychology professors.

In those days, the scourge was limited to “the subtle slights and insults that black people regularly experience at the hands of people who do not see themselves as racist.”

Thirty-seven years later, “a detailed taxonomy” of microaggressions was published in the American Psychologist, with the lead author of the research team and crack scientist Derald Wing Sue, a professor of psychology and education at Columbia Teachers College. In 2010, came the definitive Microaggressions in Everyday Life.

Sue explains that solutions are not as simple as, say, taking down Confederate flags and Playboy centerfolds from faculty office doors. Those who still have images of the Confederate flag or Playboy centerfolds in their subconscious need special workshops, led by sociology and psychology professors.

Most academics, being the placid creatures that they are, go along, accepting such directives as the price they have to pay for being able to work in cut-offs and Birkenstocks. But there are resisters, such as Eugene Volokh, a University of California-Los Angeles law professor, who defiantly writes, “I am going to keep on microaggressing.” No doubt Volokh has a bomb shelter filled with freeze-dried food staples and adorned with a Confederate flag.

The Solution: More Sociology Professors

Perhaps the professor needs a little explaining? Here is something from the Chronicle:

We can better understand complaints about microaggression and the reactions to them if we understand that each side of the debate draws from a different moral culture. Those calling attention to microaggressions have rejected the morality dominant among middle-class Americans during the 20th century — what sociologists and historians have sometimes called a dignity culture, which abhors private vengeance and encourages people to. . . . (This message would best be delivered to Volokh with a trickling water fountain and soft Indian zither music in the background.)

With professors across the land trained in conflict resolution and peace studies, we have hope. Consider the sociology professors’ thoughtful conclusion:

“Surely each side would benefit from a better understanding of the other. Debates might be more fruitful, and relationships on campus more collegial, if we more carefully considered the moral concerns of those who disagree with us. That does not mean the conflict engendered by this moral divide won’t or shouldn’t go on.”
I like that. There can never be too many discussions, meetings, roundtables, training sessions, reports, memos, marches, peace circles, teach-ins, sing-alongs, and group hugs at our institutions of higher learning.

Passing the Microaggression Baton to a New Generation

Here is what is happening in the new frontier of ending hurtful things: Students are reporting microaggressions through such places as the student-initiated Microaggression Project. Others use Facebook. Binghamton University, Brown University, Wellesley College, and Yale University lead the way. Thanks to being properly educated about the “Red Scare,” students are not burdened by misgivings.

Even sweet grandmas need re-education.

Some institutions have followed students’ lead and now have an “institutionalized recognition of microaggression.” Ithaca College has passed a bill “calling for a campuswide online system through which students could anonymously report microaggressions.”

At Fordham University, students describe microaggressions they have suffered in a mug-shot digital photo project. One plaint, about being asked, “So . . . you’re Chinese, right?” made me weep with guilt. Microaggressions can also happen far off campus. They occur when a female student is asked by a female relative if she has met “any nice boys.” Perhaps committees could prepare a brochure for freshpersons to take with them to protect them from such microaggressions from Grandma as the turkey is passed around? Even sweet grandmas need re-education.

There is one safeguard I wished I’d had when I was working as a graduate teaching assistant and being bombarded with microaggressions from freshmen who said they needed “at least a B” to keep their HOPE scholarships: A union contract. The Wisconsin graduate student union contract, for example, protects against microaggressions.

But in that most advanced state, California, the entire university system has issued guidelines to faculty, warning that such statements as “America is a melting pot” or “I believe the most qualified person should get the job” could be considered microaggressions.

Here, close to where I live and work in a safe space called the Alexander Hamilton Institute for the Study of Western Civilization, the local college responds to students’ needs with unequaled dedication. Last December, way-stations in the library assisted students assaulted with the trauma of final exams. One table offered coloring books and crayons, another jigsaw puzzles, another Legos. A bulletin board was set up for sharing tips. One heart-felt Post-It note read simply, “Cry!”

Colleges Target Microaggressions

According to a top-secret memo leaked to me, it appears that Hamilton College committees have put the same diligence into coming up with ways to combat microaggressions.

Imagine what would happen were a student to encounter a menu with fried chicken and watermelon!
The Working Group on Diversity and Inclusion has been toiling away for nigh a year now. The members have presented the initial findings in five areas of needed improvement. They are:

  1. Campus climate: a sense of belonging, with historically marginalized communities not only being tolerated but appreciated. The latter objective will be met with “social belonging/activities over the weekend” and “access to familiar comforts (foods, cultural events, services such as barbers, etc.).”
  2. Bias and microaggressions: eliminating “unconscious bias / ‘isms’” “insensitivity / misunderstandings / misconceptions,” and “anonymous acts of bias/discrimination, especially on the internet and social media sites.”
  3. Student training and education: Diversity programs will also be conducted outside of the classroom.
  4. Faculty and staff training: Mandatory trainings will be conducted at faculty orientations and will include instruction on how to value others. In performance reviews, staff will be evaluated negatively for failing to intervene or missing opportunities to “educate others.”
  5. Diversity issues in the curriculum: Faculty will be required to offer a more diverse curriculum in their classes.

Additionally, diversity trainings, such as “Difficult Dialogues,” Safe Zone Trainings by the Rainbow Alliance, an MLK Winter Book Read, a Division of Student Life training on microaggressions, a training session on acceptable theme party costumes, a transgender issues workshop, and a Ferguson Teach-In, will take place.

Recommendations include recruiting more “staff of color,” collaboration with human resources, Staff Assembly Council, and other campus offices, mandatory bystander student training, diversity training (in addition to current online sexual harassment and Title IX training), redesigning use of common social spaces, and encouraging student groups to involve faculty and staff in their events.

The Price of Comfort Is Eternal Vigilance

I would like to commend this committee for such a visionary, far-reaching list. Who would have thought of “unconscious bias / isms,” sins of omission, and food microaggressions? However, I must warn the good members: unconscious biases deep within the hearts and minds of cafeteria workers could sabotage such efforts. We know from news reports last year the harm done to students when fried chicken and collard greens were served during Martin Luther King Jr. week!

Imagine what would happen were a student to encounter a menu with fried chicken and watermelon! And while faculty certainly have the maturity and cultural awareness to enjoy their margaritas on Cinco de Mayo, our young fragile flowers might think we are stereotyping them with a taco night on May 5.

Let us not allow our students to be traumatized and scarred for life by… Any of the myriad ways microaggressions take place.
The times demand strong action. Let us not allow our students to be traumatized and scarred for life by stereotypical food, looks, refusals to make eye contact, prolonged eye contact, inappropriate conversation starters, smiling too much, or smiling too little—or any of the myriad ways microaggressions take place.

We must put in safety measures on every campus. Let the best and brightest STEM minds come together—as they once did during Sputnik—to come up with a national solution. I challenge fellow American professors to come up with a device that will measure hostilities, unconscious biases, and repressed hatreds, within not only our professoriate, but also the youth, the hope of the future. Stopping microaggressions is too important a matter to be left to chance. Bystanders may not be able to spot them soon enough. The objects of microaggression might be too lost in thought or their iPhones to notice a microaggressive stare or question.

Great scientific minds have come up with such devices for other species, such as our quadruped companions, lest they be tempted by squirrels or cats to run from the safety of yards. If we can make devices that these wear, why not one for our students and faculty? These devices could measure biorhythms, such things as heart rates, pupil dilations, and body temperature. We already, thanks to the U.S. Department of Education and the Gates Foundation, have devices that measure “social and emotional learning” and assess for such things as “grit” and “perseverance.” In fact, the department’s National Assessment of Educational Progress, which used to test for such irrelevant things as historical knowledge, is now testing for “grit.”

So, whenever a hateful or angry thought would come into consciousness a gentle little tingle would remind the offender, “Do not hate. Do not microaggress.” It would quickly end a hostile stare with a head jerk that would also conveniently alert the object of the microaggressive act that the subject needs further re-education. These devices could even be designed as fashion accessories, as gender-neutral brass chains or with colorful fair-trade beads.

Junior and contingent faculty would benefit immensely from being zapped. No doubt energetic convulsions shaking instructors at the lectern would bring forth healing peals of laughter from students. Humor does so much to ease anxiety. There would be no more concerns about “student engagement,” no worries about students nodding off or web-surfing. Not when lectures are so electrifying.

And we must not forget the “workers.” That lady behind the cafeteria counter would certainly benefit from a gentle shock to remind her that, if watermelon is to be served, it should be in a nice vinaigrette with a little bit of mint.

EDITORS NOTE: This column originally appeared in The Federalist.

Can Millennials [And Academia] Take a Joke? by Clark Conner

Millennials can be a hypersensitive bunch, and nowhere is this more apparent than in the academy. American institutions of higher learning have become veritable minefields of trigger warnings, safe zones, and speech codes.

It appears we can add another line item to the growing list of things too radical for college students: humor. Comedian Jerry Seinfeld recently joined an expanding group of high-profile figures in denouncing higher education’s culture of hyper-sensitivity.

In an interview with ESPN Radio’s Colin Cowherd, Seinfeld discussed why comics are reluctant to take their act on campus:

COWHERD: Does the climate worry you now? I’ve talked to Chris Rock and Larry the Cable Guy; they don’t even want to do college campuses anymore.

SEINFELD: I hear that all the time. I don’t play colleges, but I hear a lot of people tell me, “Don’t go near colleges. They’re so PC.” I’ll give you an example: My daughter’s 14. My wife says to her, “Well, you know, in the next couple years, I think maybe you’re going to want to be hanging around the city more on the weekends, so you can see boys.” You know what my daughter says? She says, “That’s sexist.”

COWHERD: That’s amazing.

SEINFELD: They just want to use these words: “That’s racist”; “That’s sexist”; “That’s prejudice.” They don’t know what they’re talking about.

It took roughly 24 hours for Seinfeld’s point to prove itself. The day after the Huffington Post ran an article on Seinfeld’s comments, an open letter appeared on the site addressed to Mr. Seinfeld from a “College Student.”

The letter touches on a myriad of topics, including racism, sexism, offending the “right” people, and (for reasons unknown) “the underlying culture of violence and male domination that inhabits high school football,” but its overarching spirit is summed up in the author’s ironic introduction:

Recently, I’ve heard about your reluctance to perform on college campuses because of how “politically correct” college students are… As a college student that loves and appreciates offensive, provocative comedy, I’m disheartened by these comments.

So, a college student was “disheartened” by Jerry Seinfeld’s observation that college students are too sensitive. Let that sink in.

Seinfeld isn’t the only comedian to denounce the current sensitivity epidemic on campus. In a discussion with Frank Rich, Chris Rock espoused the same views as Seinfeld:

RICH: What do you make of the attempt to bar Bill Maher from speaking at Berkeley for his riff on Muslims?

ROCK: Well, I love Bill, but I stopped playing colleges, and the reason is because they’re way too conservative.

RICH: In their political views?

ROCK: Not in their political views — not like they’re voting Republican — but in their social views and their willingness not to offend anybody. Kids raised on a culture of “We’re not going to keep score in the game because we don’t want anybody to lose.” Or just ignoring race to a fault. You can’t say “the black kid over there.” No, it’s “the guy with the red shoes.” You can’t even be offensive on your way to being inoffensive.

Former Tonight Show host Jay Leno, too, shared his experience with a college intern who conflated his dislike of Mexican food with racism.

The experiences of Seinfeld, Rock, and Leno obviously can’t be projected on the whole of entertainment media, but their willingness to criticize the don’t-offend-me culture indicates a growing sense that American campuses are becoming hostile to humor. 

And their criticisms aren’t unfounded: the uptrend in campus outrage over even mildly provocative humor is inescapable. Ask Robert Klein Engler, formerly of Roosevelt University, who received his walking papers after telling his class a joke he overheard as a way of stimulating conversation about an Arizona immigration bill.

“There was a sociological study done in Arizona,” Engler said to the students, “and they discovered that 60 percent of the people in Arizona approved of the immigration law and 40 percent said, ‘no habla ingles.’”

That caused a student, Cristina Solis, to file a written complaint with the university, which in turn opened a harassment investigation against the professor.

According to reporting from the Foundation for Individual Rights in Education, Engler was summoned by university officials to discuss the harassment charges, but they wouldn’t disclose the nature of accusation, nor the identity of the accuser. Engler agreed to cooperate with the university’s investigation, but only if the accusations were put in writing.

Roosevelt wouldn’t do so, and also refused Engler the right to be accompanied by his attorney at investigation meetings. Stripped of due process, Engler chose not to participate in the sham investigation, which resulted in Roosevelt University terminating his employment.

What’s worse, Ms. Solis voiced her approval with the university’s decision to terminate Engler. In a quote to the student newspaper preserved on Minding the Campus she proclaimed:

If that [Mr. Engler’s firing] is what it took to give him a reality check, and to make sure that no other student has to go through that, maybe it’s for the best. It’s just something you don’t say in a classroom, not coming from a professor, and especially not at a school like Roosevelt University, which is based on social justice.

What a dangerous precedent this is, that a lone student infatuated with the idea of social justice can spearhead a movement to fire a professor over a throw-away joke.

Teresa Buchanan, formerly an associate professor at Louisiana State University, also knows what it means to offend the wrong people.

Buchanan was known by her students as a “gunslinger” who sometimes incorporated profanity or sexually charged jokes in class. For example, Reason reports that one of her zingers came in the form of advice to female students that their boyfriends would stop helping them with coursework “after the sex gets stale.”

After the Fall 2013 semester, Buchanan was informed by the university that she was being placed under suspension pending an investigation for “sexual harassment” and promoting a “hostile learning environment.”

The investigation dragged on, and 15 months later a faculty committee upheld the university’s accusation of sexual harassment. The committee, however, decided that termination was not the solution, but rather that LSU should ask that Buchanan tone down her language.

This suggestion was ignored by university president F. King Alexander. Buchanan was fired on June 19, 2015.

Not only are American academics under fire for using semi-edgy humor, British academics, too, are learning the hard way to leave the one-liners at home.

The saga of Sir Tim Hunt illustrates how even the most prestigious careers can be derailed by pitchfork-wielding mobs feigning outrage over innocuous comments.

Hunt, a Nobel laureate, found himself to be the object of scorn, stemming from a joke he made while presenting to the World Conference of Science Journalists in South Korea:

It’s strange that such a chauvinist monster like me has been asked to speak to women scientists.

Let me tell you about my trouble with girls. Three things happen when they are in the lab: you fall in love with them, they fall in love with you, and when you criticize them they cry. Perhaps we should make separate labs for boys and girls?

Now, seriously, I’m impressed by the economic development of Korea. And women scientists played, without doubt, an important role in it. Science needs women, and you should do science, despite all the obstacles, and despite monsters like me.

This comment was first reported by Connie St. Louis, a journalism professor at University College London (UCL) who was present for Hunt’s speech. She claimed his comments induced a “stony silence” on the crowd.

In reaction, an armada of social media warriors descended on Hunt, resulting in his resignation from multiple honorary positions, including at UCL. Although Hunt incessantly apologized for his “transgression,” his opponents continued to besmirch his character and career.

In making the comments public, however, St. Louis only mentioned some of Hunt’s remarks. She omitted the part where Hunt clearly stated he was joking and praised the role of women scientists.

A few weeks later, a report from a European Commission official recalled a different version of events. Unlike St. Louis, the report included Hunt’s entire statement and claimed that Hunt’s joke was received by laughter, not the agitation asserted by St. Louis.

Despite the EC report vindicating Hunt and dispelling the charges of sexism, the damage is done. Hunt’s top-shelf academic career is now in shambles after being sullied by a throng of raging speech oppressors.

A joke was all it took.

Anything Peaceful

Anything Peaceful is FEE’s new online ideas marketplace, hosting original and aggregate content from across the Web.

EDITORS NOTE: A version of this post first appeared at the Pope Center for Higher Education Policy. The featured image is courtesy of FEE and Shutterstock.

Response to Tallahassee Democrat Op-ed on ‘Docs v. Glocks’ by Marion P. Hammer

Below is Marion P. Hammer’s response in the Tallahassee Democrat to anti-gun editorials attacking the courts on the “Docs v. Glocks” issue.

It’s not about the First Amendment

By Marion P. Hammer,

My View 4:57 p.m. EDT August 4, 2015

The column “Free Speech does not threaten gun ownership” (Aug. 3) by Howard L. Simon of the ACLU is a smokescreen.

Twice now federal judges have ruled that the so-called “Docs & Glocks” law does not violate First Amendment free speech rights of doctors and medical personnel. The law stops pediatricians and other physicians from prying into our personal lives, invading our privacy and straying from issues relating to disease and medicine into questioning children or their parents about gun ownership and guns in the home.

Read, “Free speech is no threat to gun ownership,” by Howard L. Simon posted  in the Tallahassee Democrat on August 4, 2015.

In both rulings, the court made it clear that the law is an appropriate regulation of professional speech. The state has a duty to protect the rights of vulnerable patients against doctors who use their examining rooms to interrogate parents and children about gun ownership for the purpose of delivering their anti-gun political messages.

If a patient answers questions like, “Do you own a gun?” or “Do your children have access to guns in your home?” or “Did you know that having a gun in your home triples your risk of becoming a homicide victim?,” the patient is likely to be given the “Advice to parents” the American Academy of Pediatrics recommends on their website: “Never have a gun in the home. Do not purchase a gun. Remove all guns present in the home.” That is not medical care. That is politics.

That political motivation has nothing to do with the health care and medical treatment we seek for our children and for which we are paying when we enter a doctor’s office.

Read, Federal court says state can enforce ‘doc vs. glocks’ law by Gary Fineout in the Tallahassee Democrat posted on July 29, 2015.

Further, these questions are ethically wrong. Any doctor who asks them is committing a form of unethical conduct known as an “ethical boundary violation.” Any doctor who commits an ethical boundary violation can and should be disciplined. We need to be able to trust our doctors. Doctors who intentionally step over that ethical and legal boundary clearly cannot be trusted.

Other ethical boundaries don’t allow doctors to take advantage of vulnerable elderly patients and question them about property and assets they own, allow them to encourage these elderly patients to make gifts of cars, jewelry or other assets to the doctor, or make the doctor a beneficiary in a will.

Additionally, entering the answers to gun ownership questions into medical records and computer databases is a de facto form of registration of gun owners and is already prohibited by law.

Any pediatrician truly concerned about gun safety is free to hand out gun safety brochures to all parents. The First Amendment smokescreen that is being used to excuse unethical and political abuse of patients privacy rights needs to stop and doctors should stick to medical care.

ABOUT MARION P. HAMMER

Marion P. Hammer is a past president of the National Rifle Association and current executive director of Unified Sportsmen of Florida.

RELATED ARTICLE: Seattle Approves New Tax on Guns, Ammunition

Scoundrel Judges and the Little Blue Book

The Christian faith was vitally important to early Americans, and we prove it (again!).

Remembering the New England Primer, used to teach children to read for over 200 years.