McGill students demand end to free speech on their campus

December 6, 2020 • 11:30 am

I have long since been disabused of the notion that Canadian universities—indeed, Canadians in general—whom I used to see as more sensible than Americans, are also less woke than Americans. Indeed, some of the biggest abrogations of freedom of speech (even though Canada doesn’t have the equivalent of the American First Amendment) have been at Canadian schools. Remember how Lindsay Shepherd was treated at Wilfred Laurier University?

Well, McGill is about to match Wilfred Laurier, at least in the anti-free-speech rhetoric espoused in a new “open letter” on the Students’ Society of McGill University site  (click on screenshot below). The letter is signed by The Students’ Society of McGill University Executive Team, The Anthropology Students Association, The Anthropology Graduate Students Association, World Islamic & Middle Eastern Studies Association, Black Students Network, Muslim Students Association, Students in Solidarity for Palestinian Human Rights and the Thaqalayn Muslim Association.

Their statement explicitly demands the cutting back of freedom of speech, which, it says, conflicts with the right of students to be free from “harm”. (This, of course, is the usual trope.) They cite research that supposedly shows the harm that “microaggressions” (read “offensive speech”) are supposed to cause, but because these data involve self-report, I’m dubious. Now there’s no doubt that someone can be offended or even get depressed a bit when hearing speech they don’t like, but in my view, the benefits of free speech outweigh the “harm” caused by speech (often a pretended harm, I think, voiced to gain status). And, as Salman Rushdie said, “Nobody has the right not to be offended.”

The opening paragraph of the letter (the first three excerpts below) is about as explicit a statement as I’ve seen about why we can’t have complete freedom of speech. The bold bits are mine. You’ll recognize many of the tropes, like the claim that McGill was built on a “history of oppression”:

It is no secret that, like many other academic institutions,  McGill University was built on a history of oppression, its existence made possible by profiting off of the labour of enslaved and marginalized peoples. This regrettable history not only tarnishes the University’s past but also continues to influence how the University operates today. Scholars have abused their right of free speech and academic freedom to defend acts of rhetorical violence against marginalized communities on campus, shielding racist, sexist, and transphobic speech behind the term “controversy.”

Sorry, but rhetoric is not violence; equating the two simply debases the meaning of the word “violence” and serves to chill speech. Now the speech these students decry is speech that is racist, sexist, and transphobic, which they want to ban because it causes “harm.” While they’re not specific about what kind of “hate speech” they want banned, we’ll see some examples in a minute. The letter goes on:

Freedom of expression is traditionally considered central to permitting the free exchange of ideas and debate and fostering the university environment. Free speech, however, does not exist outside of its social context. David Gillborn, a critical race theorist at the University of Birmingham, suggests that the terms of what is considered ‘legitimate’ speech are dictated by whiteness, since “[w]hiteness operates to invest speech with different degrees of legitimacy, such that already debunked racist beliefs can enjoy repeated public airings where they are lauded as scientific and rational by many White [sic] listeners, who simultaneously define as irrational, emotional, or exaggerated the opposing views of people of colour.” Moreover, evidence from psychology, social work, and medicine suggest that microaggressions, including racist, sexist, homophobic, or transphobic speech, have numerous and significant impacts on the health, wellbeing, and educational success of marginalized people.

The idea that speech deemed “legitimate” is only that speech emitted by whites is nonsense. For if anything is true, it’s that many people of color are speaking out loudly and frequently, both in person and on the Internet. In fact, this letter itself is an example of what the authors consider legitimate free speech. The “white free speech” they decry is touted as bigoted speech whose airing apparently gives some “scientific” credibility to racism. But that’s also nonsense if you believe that a prime tonic for speech you don’t like is counter-speech. And there is plenty of counterspeech against speech considered bigoted, hateful, and transphobic. I offer as one example the tons of speech offered in response to what was seen as J. K. Rowling’s “transphobic” writings and tweets, which of course weren’t transphobic at all. The volume of counterspeech, many by marginalized people, must have exceeded Rowling’s own words by a factor of hundreds.

Finally, if you look at the link to the claims that “microaggressions” are harmful, they aren’t all that convincing, as they are based on self-report, and also neglect the possibility that people who are more easily offended, and more readily claim harm, may also be more willing to discern microaggressions in their quotidian environments.

The paragraph continues (these three bits are from a single opening paragraph):

The defence of discriminatory dialogue at the expense of the safety, security, and wellbeing of people of colour reflects the power of whiteness in determining what is and is not considered acceptable speech. Upholding free speech at the cost of marginalized groups permits racist talk with real-world impacts; it teaches future generations that perpetrating this kind of harm is acceptable. These harms are not hypothetical; they have been and will continue to be felt by marginalized communities on campuses across the country.

So there you have it, ladies and gentlemen, comrades and friends: an explicit claim that free speech cannot be permitted because it creates harm in marginalized groups. They make this even more explicit further down:

While material featuring harmful language can be used prudently, the use of bigoted material, whether ableist, transphobic, racist, or otherwise discriminatory, is unacceptable, and McGill University has made no effort to resolve this tension. The University’s Statement of Academic Freedom defines no limitations for academic freedom, failing to address the responsibility of professors to use their freedoms responsibly. Equity and academic freedom need to be addressed as intertwined issues and McGill University falls short in this regard. . .

. . . When the voices of students are sidelined and disregarded, the solution is not and cannot be active listening and dialogue, as the Principal argued. While inclusiveness and academic freedom are both invaluable principles, they cannot always coexist. Thus, when the University refuses to define limitations to academic freedom, the safety and wellbeing of marginalized students become inherently secondary. This is best exemplified by the University’s decision to first underline their respect for “free speech” when bigoted dialogues do make their way onto campus. The message McGill sends is all too clear; when equity and academic freedom come into conflict, they are more than ready to “abandon one principle in favour of another.”

As they should! We’ll see shortly the kind of speech these student organizations consider to be bigoted, ableist, transphobic, racist, and discriminatory. But it’s amply clear from the above that counterspeech and “active dialogue” won’t suffice. They want speech to be BANNED.

Of course, the determiners of what kind of speech is unacceptable—The Deciders—will be these students, who will try to get McGill to ban it. (Let’s hope they don’t succeed.)

But what kind of speech do they want McGill to prohibit? They give some example when damning the writings of emeritus professor Philip Carl Salzman, an anthropologist.  After the two paragraphs below, they demand that McGill remove Salzman’s Emeritus Professor status. This tells you the kind of speech that’s considered harmful—microaggressions. I invite you to read the links to see for yourself:

In the past year, several articles have been posted on public forums by Professor Philip Carl Salzman, a retired Professor Emeritus of the McGill Anthropology Department. In one recent example, Salzman goes on to write that “the Middle East is a place where doing harm and being cruel to others is regarded as a virtue and a duty.” Salzman goes on to condemn multiculturalismimmigrationgender paritycultural equalitysocial justice, and the Black Lives Matter movement, along with dismissing the existence of rape culture and systemic racism.

Despite their editorial nature, Salzman’s opinions are presented as though they are objective facts. Meanwhile, his affiliation with McGill lends him credibility that would not otherwise be afforded if not for his status as a Professor Emeritus of a respected institution such as McGill University. In providing such commentary while presenting himself as an affiliate of this University, Salzman’s recent publications in public fora demonstrate a lack of consideration for his responsibility as an academic.

For example, the link to Salzman’s supposed denial of gender parity is a discussion of how different preferences of men and women—differences that may be based on biology—may lead to a lack of equity (representation) in various fields. While you may dispute his claims, it’s certainly not “hate speech”, and may well contain more than a grain of truth.  As for “rape culture”, I myself would deny such a term as it’s often used. While one rape is too many, and it’s a vile and horrible crime, we do not live in a “rape culture” that sees rape as okay, that is experiencing an unprecedented wave of sexual violence on campus, and that society strives to let rapists off the hook.

In all of the examples above, what the McGill students see as “hate speech” is speech that is at least debatable—though I by no means agree with all of Professor Salzman’s claims—and should be debated.

Along with whatever woke classes McGill University has on tap, they should add to them a class of “free speech”, and one taught by someone like Geoffrey Stone, not one of these McGill students who sees all speech they don’t like as not only harmful, but worthy of censorship.

Facebook considers Holocaust denial as “hate speech”, removes it from the site

October 13, 2020 • 11:00 am

Facebook’s Vice-President for Content Policy has posted a new notice saying that, as part of the firm’s fight against “hate speech,” they’re removing any content that “denies or distorts the Holocaust.” Click on the screenshot to see the full announcement:

An excerpt:

Today we are updating our hate speech policy to prohibit any content that denies or distorts the Holocaust. . .

. . . Following a year of consultation with external experts, we recently banned anti-Semitic stereotypes about the collective power of Jews that often depicts them running the world or its major institutions.

Today’s announcement marks another step in our effort to fight hate on our services. Our decision is supported by the well-documented rise in anti-Semitism globally and the alarming level of ignorance about the Holocaust, especially among young people. According to a recent survey of adults in the US aged 18-39, almost a quarter said they believed the Holocaust was a myth, that it had been exaggerated or they weren’t sure.

Institutions focused on Holocaust research and remembrance, such as Yad Vashem, have noted that Holocaust education is also a key component in combatting anti-Semitism. Beginning later this year, we will direct anyone to credible information off Facebook if they search for terms associated with the Holocaust or its denial on our platform.

Now Facebook, as a private operation, has the right to ban whatever it wants. And I can see some rationale for banning vicious stereotypes of any group (they also ban white supremacists), though it’s not clear from the announcement above if the anti-Semitic stereotypes they ban are only those that show Jews controlling the world. (What about big-nosed Jews fondling dollar bills or sticking pitchforks into Palestinians?) But with Facebook, as with universities, I favor speech as free as possible—ideally, speech that is “free” as U.S. courts have interpreted the First Amendment. That means all speech is permissible save that speech which harasses individuals, is defamatory, constitutes false advertising, promotes immediate and foreseeable violence and so on.

In other words, I think that the speech permitted on Facebook should be speech that is permitted at the University of Chicago. And that includes both varieties of hate speech noted above.  One advantage, for instance of allowing anti-Semitism is to either out those purveying it, or to realize how widespread the problem really is. One cannot grasp, for instance, how much hatred of Jews is officially purveyed by some Arab states until you see the stuff for yourself.

One can make an even stronger case for Holocaust denialism—that is, to allow it. I speak from personal experience, for it was only by reading Holocaust denialists, and seeing how superficially convincing their arguments were, that I was motivated to do additional reading of those who addressed and attacked the denialism.  And that led me to the strongest denial of Denialism I know: Michael Shermer and Alex Grobman’s 2009 book Denying History (below). Shermer and Grobman not only powerfully refute Holocaust Denialism, but also use the case as an example of “pseudohistory” (which resembles “pseudoscience”) and further analyze the psychology of the denialists and those who follow them.

So I can appreciate Facebook’s aim, which is to prevent hate, but they are setting themselves up as the arbiters of what is “hate speech”, and it’s dangerous for anyone to do that, as Christopher Hitchens often remarked. (He also defended the rights of Holocaust Denialists who had been arrested.) How can you answer those who purvey lies if the lies themselves are censored? Further, is banning something a good way to suppress its message? There is, as we know, the Streisand Effect.

I write this as a secular Jew who despises anti-Semitism and Holocaust denialism. I am not a “self-hating Jew”. But my cultural affinity with Jews is not as strong as my support for freedom of speech.

But let’s take a poll (please vote).

h/t: Ken

Wesleyan University president purports to comport intellectual diversity with “hate speech” ban; the result is still censorship

September 20, 2020 • 9:45 am

A friend affiliated with Wesleyan University sent me the New York Times article below, saying that I should be aware of the school’s efforts to “encourage a diversity of opinion in public debates on campus while barring hate speech and so on.”  Intrigued but doubtful, I read the article by Wesleyan President Michael S. Roth, which took me to two related articles he wrote.

First, what is a “kakistocracy”? I thought this was a new word, but Wikipedia defines it as “a system of government that is run by the worst, least qualified, and/or most unscrupulous citizens. The word was coined as early as the seventeenth century.” Well, yes, we have one now, but let’s move on to the piece.

Roth’s Wikipedia page reveals him not only to have had some unexpected views for a college president, like supporting Israel and refusing to support BDS (he’s Jewish), and the two articles he refers to in the piece below ( “On intellectual diversity” at the Wesleyan site and “Don’t dismiss ‘safe spaces’” at the NYT ) are not that bad.  But the articles, and especially this one in today’s NYT, despite calling for more freedom of speech than accepted by many other schools (though not my own), suffer from specifying exactly what kind of “hate speech” is to be banned. 

Click to read:

Now Roth has instituted some good programs to foster intellectual diversity at Wesleyan, like an initiative to accept military veterans as students and another to promote Wesleyan departments to “expose students to ideas outside the liberal consensus,” like “the philosophical and economic foundations of private property, free enterprise, and market economies.” Another program will bring senior military officers to campus to teach courses on the relationship between “military institutions and civil society.”

This is all well and good, and is to be applauded. But there’s a limit to Roth’s tolerance. Apparently he regards “intellectual diversity” as encompassing just acceptable politically conservative points of view, and not more “fringe” areas like discussions of creationism or Holocaust denialism. Here are some statements by Roth that make me think that, to him, “hate speech” is speech that is either hyper-conservative, politically extreme, or ideologically out of bounds to most Leftist students:

These days when I make a plea for greater intellectual diversity, I’m asked not about teaching Aristotle, but whether I want to invite fascists and racists to campus. My answer, of course, is no: As I have argued before, universities should be “safe enough” places for all students.

. . . When I talk about the tradition of conservative thinkers, I have in mind those who were skeptical of the powers of a central government, those who felt that a well-ordered society depended on a notion of transcendence, and those who were concerned that even well-intentioned policies to improve peoples’ lives could have unintended consequences that are ruinous. I have in mind traditions of natural law and of religious belief. I have in mind thinkers who point out that theories of how people should organize society often depend on frightening powers of organized violence.

These streams of thought offer powerful, alternative perspectives on enduring questions.

. . . In higher education, there is no contradiction between standing up to the fascist tendencies of racist authoritarianism and working for greater intellectual diversity.

I think he’s wrong here. He wants mainstream conservatives but not provocateurs like Ann Coulter, Milo Yiannopoulos, or perhaps even conservatives of a Trumpian stripe like Steve Bannon. He presumably won’t tolerate Holocaust denialists, who can be seen as racist authoritarians. And no fascists? What does he mean by “fascist”? It would have been good had he proffered examples, but we have to read between the lines. Would he have promoted a talk by the late Christopher Hitchens on the evils of Islam? Roth doesn’t say. So often administrators don’t specify what they mean as hate speech, and that makes the slope very slippery indeed.

From the Wesleyan site article:

We are not interested in bringing in ideologues or shallow provocateurs intent on outraging students and winning the spotlight. We want to welcome scholars with a deep understanding of traditions currently underrepresented on our campus (and on many others) and look forward to the vigorous conversations they will inspire.

That’s a bit more specific but still not very helpful. Who is to specify and decide which “ideologues or shallow provocateurs” should be banned? Apparently Roth himself is to be the Decider, since he’s speaking for all of Wesleyan here.

And so, while Roth is miles above leaders of censorious schools like Williams College, Middlebury College, and The Evergreen State College, he’s still trying to rule some speakers out of bounds. He hasn’t taken as hard a line on free speech as say, the University of Chicago (although, as I’ve noted lately, we’re developing our own toxic strains of ideological conformity and acceptable speech).

If some organization at a university wants to invite a creationist, Ann Coulter, a Holocaust denialist, or a white supremacist to a campus, they should have the right to do so. Though you may say that these speakers purvey “hate speech” (and that’s justifiable for many such folks), it cannot be banned speech. Wesleyan, though a private school, should adhere to the strictures of the First Amendment as embodied by the Chicago Principles, also from a private school. After all, part of free speech is the principle of counter-speech. Are Wesleyan students so timorous that certain speakers would be so hateful that they could not abide hearing them, much less hearing a response?

Let’s look at how Roth’s views have played out in practice—on the Wesleyan campus. The Foundation for Individual Rights in Education (FIRE) gives Wesleyan an overall “yellow light” rating:

Wesleyan University has been given the speech code rating Yellow. Yellow light colleges and universities are those institutions with at least one ambiguous policy that too easily encourages administrative abuse and arbitrary application.

More FIRE explanation of the yellow-light rating.

A “yellow light” institution is one whose policies restrict a more limited amount of protected expression or, by virtue of their vague wording, could too easily be used to restrict protected expression. For example, a ban on “posters containing references to alcohol or drugs” violates the right to free speech because it unambiguously restricts speech on the basis of content and viewpoint, but its scope is very limited.

Alternatively, a policy banning “verbal abuse” could be applied to prohibit a substantial amount of protected speech, but is not a clear violation because “abuse” might refer to unprotected speech, such as threats of violence or harassment as defined in the common law. In other words, the extent of the threat to free speech depends on how such a policy is applied.

It looks as if Roth’s own ambiguity has worked its way into Wesleyan’s speech-code regulations. (Note that several aspects of the school’s policy get the approved “green-light rating as well.). And in 2016, Wesleyan was among the “Ten Worst Colleges for Free Speech,” while Roth had already been President for nine years (see details here). Now the school may have cleaned up its act since then—I think it has, to some extent—but it still needs to go the extra mile to get that overall “green light rating” from FIRE.

“Hate speech” is indeed a slippery slope, and, as I’ve often said, one student’s “hate speech” is another’s “free speech” or “speech that warrants discussion.” Roth goes too far in setting up certain categories of impermissible speech. As Hitchens, Mill, and others have said, it is the most odious and offensive speech that must be heard most urgently.