This report comes from the Volokh Conspiracy site at the Washington Post, which got it from Gay Star News. The quote below, from the WaPo, includes links where you can hear the audio recording and read the transcript that documents the incident.
In short, Alfred MacDonald, a bisexual philosophy student at the University of Texas at San Antonio, had a conversation with a fellow student that got reported to MacDonald’s boss, Eve Browning, Chair of Philosophy and Classics. Volokh says this:
Gay Star News reports on an accusation made by Alfred MacDonald, a philosophy graduate student at University of Texas at San Antonio (who has since moved to another university); see also this Bruce Bawer (PJMedia) post. MacDonald says he was involved in a conversation with a fellow graduate student that turned to religion:
The student MacDonald was talking to mentioned she was a Christian while her fiance was Muslim.
MacDonald responded by explaining he didn’t have a ‘high opinion of Islam’ because ‘there are Muslim countries where I could get executed.
‘I mentioned that I didn’t have anything against her fiance personally and that I was strictly talking about the religious beliefs themselves.
‘I took this to mean that she wanted to talk about our personal lives, so I mentioned my fiancee and our leanings and we talked about what restaurants she’s worked at….’
MacDonald was then called into the department chair’s office, where she told him that he could be subject to administrative discipline for this speech; he secretly recorded the conversation and put what he says is the audio online here and here (shortened version), and the transcript here. (Secretly recording a conversation to which you are party is legal in Texas, though in some other states it’s illegal without all parties’ knowledge or consent.) Some excerpts:
Dr. Browning, in a long conversation, told MacDonald that his comment was inappropriate and violated University standards, ultimately threatening to expel him if he said anything like that again.
Now be aware that MacDonald appears to be a problematic student for several reasons, not just the comment at issue. For example:
- He’s had problems with being late, being lazy in his assignments, or making stream-of-consciousness comments in his philosophy classes, and was apparently reported for those as well. Browning discusses this general behavioral problem.
- There’s no doubt that MacDonald’s comment to the fellow student was churlish; there’s no need to go off on Islam when you’re talking to a friend engaged to a Muslim, and the offended student appears to have been MacDonald’s friend.
- His comment was simply not relevant to the conversation, so MacDonald may have problems relating to people socially.
So MacDonald may have deserved some criticism for his failure to do his schoolwork, but he was called into a meeting with Browning that heavily emphasized his criticism of Islam. MacDonald recorded that conversation (links above), and it was transcribed. Although recording conversations in most states is illegal unless both parties consent, that’s not the case in Texas, so MacDonald’s recording was legal.
What was probably illegal was Browning’s threat that MacDonald’s exercise of “hate speech” (legal on a public university campus) could get him expelled. Since he’s transferred to another school, that’s no longer the issue, but you can see how offended his chair was at what he said.
In my view, Browning had no right to threaten MacDonald for such a comment; I wonder if she would have done it had the criticism been about another faith. Or whether someone would have complained had it been about another faith. But that doesn’t matter, for while criticizing any religion may be inappropriate in such a conversation, it’s neither “hate speech” nor illegal. You can read the transcript here; here are a few bits (emphasis is mine):
ALFRED MACDONALD: No. We got to the subject of Islam, not the fiance.
EVE BROWNING: Do you understand how someone would find that offensive?
ALFRED MACDONALD: How someone would FIND that offensive, yeah; how they could perceive it, yeah; yeah, I mean, if I…
EVE BROWNING: It’s a confusing comment to me because Muslims do not all live in countries in which bisexuals are executed. Muslims live in the United States–
ALFRED MACDONALD: Sure.
EVE BROWNING: –Muslims live in France, Muslims live in every country in the world — it’s the fastest growing world religion.
ALFRED MACDONALD: Yeah, one of my good friends at the university is Muslim.
EVE BROWNING: And do you tell him that you object to his religion because there are places on earth where gay, lesbian and bisexual people are discriminated against, including your own country?
ALFRED MACDONALD: Well, “her.” And my verbiage was “killed” not “discriminated against.” I mean, Death penalty’s pretty severe.
EVE BROWNING: What does that have to do with her being engaged to a Muslim?
ALFRED MACDONALD: Nothing. I wasn’t talking about the engagement to the Muslim. I was talking about Islam in that particular moment.
EVE BROWNING: Well, let me just say that kind of thing is not going to be tolerated in our department. We’re not going to tolerate graduate students trying to make other graduate students feel terrible for our emotional attachments.
ALFRED MACDONALD: Um… all right.
EVE BROWNING: And, if you don’t understand why that is, I can explain fully, or I can refer you to the Behavior Intervention Team on our campus which consists of a counselor, faculty member, and person from student affairs who are trained on talking to people about what’s appropriate or what isn’t.
ALFRED MACDONALD: I just won’t bring anything up about Islam again. That’s pretty simple. Although I’m not sure what you mean by… so I’ve read the student handbook pretty th–well not pretty thoroughly, but I’ve read it at least twice, and what do you mean by “it won’t be tolerated?” Like I’ll be straight up prevented from registering? Or the team that you mention, the behavior intervention team, they’re going to do something or… what exactly is the penalty for breaking that assuming that I’m in some other situation where I say something that someone else finds offensive and you…
EVE BROWNING: We’d put it either before the behavior intervention team or the student conduct board and ask them to make a recommendation.
ALFRED MACDONALD: Ask them to make a recommendation? What does that mean?
EVE BROWNING: Whether they would refer you for counseling; whether they would recommend that you be academically dismissed; they would assess the damage. They would probably try to speak to the students who are complaining and the faculty that are complaining and make a recommendation. In any case…
ALFRED MACDONALD: And this is over… I thought that UTSA was a public university with first amendment protections? So I could be dismissed for stuff like that? Just…
EVE BROWNING: Making derogatory comments? Yes.
Two more snippets:
EVE BROWNING: I would add to that that confrontational interaction with other graduate students is objectionable and unprofessional. So you need to decide whether you have been excessively confrontational. The example that you give me is very objectionable to me, and had I been there I would have taken exception to it very strongly. So “who were the people offended?” — they were offended enough to talk to a professor about it, and you need to think “what effect are my words having on these people?”… and you don’t seem to be acknowledging that their response was legitimate. I believe it was. Just from what you’ve said. And that’s the most I know about this; I wasn’t told anything more general than … I’ll read it to you: “Mr. MacDonald improperly inserted himself into the conversation and worse yet, says another faculty member, when he learned that Sarah’s fiance and his family subscribed to Islam, made comments on Islam which Sarah felt to be extremely offensive. She was deeply offended.” So that’s what I knew before you described it; now that you’ve described it I completely agree that that was an offensive thing to say. So what we need from you is a commitment to meet these expectations.
and
ALFRED MACDONALD: …Would it really get me fired to say that I could be killed somewhere?
EVE BROWNING: In that situation as you’ve described it, absolutely yes.
ALFRED MACDONALD: How?
EVE BROWNING: Don’t even ask. It’s clear you’re not taking my word for it. I don’t care to convince you. If I can’t persuade you that it’s in your interest to behave in ways that other people don’t find offensive and objectionable, then at least I’ve done my job.
ALFRED MACDONALD: Well I know that it’s in my interest. I’m just trying to understand the reasoning.
EVE BROWNING: You don’t have to.
ALFRED MACDONALD: Well, this is a truthseeking discipline!
EVE BROWNING: In your hypothetical situation where you’re going to get fired for that comment you can sit and talk to the human relations officer until you’re blue in the face. [laugh] It would not do any good.
Now if you read the entire conversation, you’ll see that Browning is often acting properly, telling MacDonald that he has to get his act together about his work and class attendance. And, I suppose, it’s okay to mention that a student complained about his remark about Islam. What’s not okay is Browning’s explicit threat, made in her official capacity as a faculty member, that MacDonald’s comment about Islam violated university standards and could get him “fired.” And her final laughing statement about how the “human relations” officer would ignore him is simply rude.
I’m not going to give Browning’s email as she says she’s been threatened over what she said (and listen up: the Left should not be issuing such threats. Complaints, yes, but not threats.) But if you want to complain about First Amendment violations on a public university campus, you can email the UTSA President, Taylor Eighmy, at president@utsa.edu. I will, and I’m going to be very polite.
h/t: Orli