Free Speech

Universities are struggling to balance the free exchange of ideas with students’ growing desire to be shielded from offensive views, a philosophical divide at the heart of recent protests that have roiled campuses around the country.

That’s the opening paragraph of Dan Frosch’s and Tamara Audi’s Friday piece in The Wall Street Journal. There’s no struggle here, though, except in the minds of school administrators and professors too timorous, too disrespectful of free speech to be fit to hold their positions.

While the tension between political correctness and open discourse has riven colleges for decades, a hunger strike and protests over racial incidents that forced out the University of Missouri’s president on Monday have supercharged the debate.

This is a coarse misunderstanding, and not only by Frosch and Audi, but by the precious little snowflakes at each of those universities and colleges. There is no such tension at all. What is politically incorrect is the attempt to control discourse in order to protect the self-proclaimed too-fragile from the vicissitudes of life.

Freedom of speech begins, of necessity, with protecting the most offensive, the most uncomfortable of speech. As soon as governments begin banning the most offensive or uncomfortable speech, the definition of “offensive” and of “uncomfortable” begins to be elevated. In very short order, indeed, today’s ordinary, inoffensive, comfortable (and comforting) speech becomes offensive and uncomfortable. Especially to the men in government who now are making the definitions.

Here’s an excerpt from a 6th Circuit en banc ruling on a free speech/free exercise case from Dearborn, MI [cites omitted]:

Diversity, in viewpoints and among cultures, is not always easy. An inability or a general unwillingness to understand new or differing points of view may breed fear, distrust, and even loathing. But it “is the function of speech to free men from the bondage of irrational fears.” Robust discourse, including the exchanging of ideas, may lead to a better understanding (or even an appreciation) of the people whose views we once feared simply because they appeared foreign to our own exposure. But even when communication fails to bridge the gap in understanding, or when understanding fails to heal the divide between us, the First Amendment demands that we tolerate the viewpoints of others with whom we may disagree. If the Constitution were to allow for the suppression of minority or disfavored views, the democratic process would become imperiled through the corrosion of our individual freedom. Because “[t]he right to speak freely and to promote diversity of ideas…is…one of the chief distinctions that sets us apart from totalitarian regimes,” dissent is an essential ingredient of our political process.

The civil-rights era cases tell us that police cannot punish a peaceful speaker as an easy alternative to dealing with a lawless crowd that is offended by what the speaker has to say … The Supreme Court … has repeatedly affirmed the principle that “constitutional rights may not be denied simply because of hostility to their assertion or exercise.

It would do these children a great service to learn to read (a form of free speech…), and then to add this sort of thing to their literature lists. It would do the administrators and professors a great service to steel themselves to reading and understanding our Constitution. Their disdain for such responsibility is microaggression of monstrous proportion against these children.

To quote, sort of, another man, life is hard. It’s harder if you’re precious and fragile. Or if you’re in a position of responsibility that exceeds your courage.

American Companies Beholden to Foreign Governments?

Now it appears that the Obama administration is taking yet another step to make us look like Europe: he’s negotiating an agreement that could end up requiring American companies, domiciled in America and operating in America, to report to European Union authorities.

Recall the European Court of Justice’s ruling last month that European citizens’ personal data that winds up being stored in the US as a result of various business deals is too exposed and the 15-yr-old, successful data-transfer Safe Harbor agreement between the US and the EU. This is the arrangement that’s being renegotiated, and potentially included in the new agreement is this:

American businesses could be required to report requests by US intelligence services for the data of European users under a trans-Atlantic data-transfer pact now being negotiated, according to the European Union’s justice commissioner.

Worse, it seems to be one-sided: EU companies in the US aren’t being required under this new deal to make similar reports to US authorities.

Hmm….

Hillary Clinton and Minority Students

In another flip-flop evolution of belief, Democratic Party Presidential candidate Hillary Clinton has decided she’s against charter schools, since she was for them before the unions the National Education Association and the American Federation of Teachers endorsed her.

Most charter schools, they don’t take the hardest-to-teach kids, or, if they do, they don’t keep them. And so the public schools are often in a no-win situation[.]

Of course, this isn’t true, but hey—union endorsement. The facts, though, as noted by The Wall Street Journal at the link are these [emphasis added]:

Charters don’t exclude difficult students. Like other public schools, they aren’t allowed to discriminate. Nearly every state requires a random lottery to choose students if there are more applicants than openings. The reason some charters turn away students is that they lack the resources to accommodate every desperate family trapped in a teachers-union compound.

Charters serve some of the most troubled students, including a higher percentage in poverty than all public schools, according to Stanford University’s Center for Research on Education Outcomes. In urban centers in particular, charters serve mostly minority students and include more who are learning English than do public schools as a whole.

The question arises: what has Clinton against minority students, students whose parents choose charter schools over other public schools in order to get an actual education?

The answer is clear: students don’t vote, and unions do.

Closing Guantanamo

Senator Tom Cotton (R, AR) had some thoughts on this, as excerpted by.

Any suggestion that the prison at Guantanamo Bay is a terrorist recruiting tool is disingenuous and aimed solely at scoring political points. Terrorists did not attack us on 9/11 and do not attack us today because of a prison. They attack us for who we are and what we stand for. Guantanamo Bay is a safe and humane facility. Moreover, it is an important tool in our counterterrorism strategy as nearly thirty percent of released detainees are confirmed or are suspected of having returned to terrorism. The number of recidivists at Guantanamo is zero. Just last week the Obama Administration released Shaker Aamer, a Guantanamo detainee, to the United Kingdom. I am deeply concerned this dangerous terrorist still poses is still a threat to our safety. We would be safer if he were still in his cell at Guantanamo Bay. I will continue to fight to keep dangerous terrorists like Shaker Aamer from returning to the fight and against any efforts by the Obama Administration to close the terrorist detention facility.

What he said.

 

h/t The Wall Street Journal