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Confused Cornell
Some FIREfans are no doubt aware that our fearless leader, David French, used to be a lecturer at Cornell Law School. If in the Cornell Daily Sun is accurate, perhaps we should send David back to the lovely town of Ithaca, as the folks there seem utterly confused about what freedom means. Here is how the article begins:
Several hundred Cornellians joined eight panelists last night in an event specifically tailored to foster discussion on topics such as freedom of the press and freedom of speech. The event, titled 鈥淐ensor This: A panel discussion on when, if ever, limits on the press are appropriate,鈥 was sponsored by StudPubs, an umbrella organization consisting of all student publications at Cornell.
Some of the panelists supported the freedom of speech unconditionally, while others felt certain limitations were necessary, especially on a college campus. The panelists wholeheartedly agreed that freedom of speech encourages beneficial and worthy dialogue.
As NFL color commentators often say, 鈥淪top the tape!鈥 First of all, what does 鈥渟upport[ing] the freedom of speech unconditionally鈥 mean? If the phrase is intended to suggest that absolutely no restrictions can be levied on speech, it鈥檚 essentially meaningless鈥攏o one really believes that. For example, the Supreme Court has held that commercial speech, obscenity, incitement, slander, and libel can all be regulated to some extent or another.
But the next part of the sentence is even more objectionable: 鈥淸O]thers felt certain limitations were necessary, especially on a college campus.鈥 Yes, as was just pointed out, 鈥渃ertain limitations鈥 are acceptable, but whence comes this idea that speech 鈥渙n a college campus鈥 should be 鈥渆specially鈥 regulated? FIREbelieves quite the opposite. As we point out on our 鈥淔ree Speech鈥 webpage, 鈥淔reedom of speech is a fundamental American freedom, and nowhere should it be more valued and protected than at America鈥檚 colleges and universities.鈥 Secular colleges and universities are, at least in theory, uniquely committed to the search for truth and to the formation of young minds鈥攖here is a reason, after all, that only people at universities have the special protection of this thing called 鈥渁cademic freedom.鈥 They should be more free, certainly not less, to express ideas, even controversial ones, and so should their students.
And the article gets worse from there. Here is what student Justin Davis said: 鈥淥n a college campus, there are certain things you can and can鈥檛 do. You can鈥檛 be 鈥榩unkish鈥 and not accept the responsibility of your words.鈥
Wait, what? Apologies to Davis, but there is no 鈥減unkish鈥 exception to the First Amendment. I鈥檓 not quite sure what that word even means, but I imagine that this student is just reprising the frequently heard theme that speech can be regulated simply because it is 鈥渙ffensive.鈥 Again, 果冻传媒app官方鈥檚 鈥淔ree Speech鈥 webpage provides the answer:
The 鈥渕arketplace of ideas鈥 upon which a university depends for its intellectual vitality cannot flourish when students or faculty members must fear punishment for expressing views that might be unpopular with the public at large or disfavored by university administrators.
But perhaps the comment of the day comes from Cornell administrator Gary Stewart, whom the article identifies as a former newspaper journalist. Stewart opined, 鈥淭he freedom of the press is a very gray issue.鈥 No, Gary, it isn鈥檛. Here鈥檚 all you need to know. Cornell has publicly committed itself (warning: PDF) to respecting 鈥淸f]reedom to teach and to learn, to express oneself and to be heard, and freedom to assemble and lawfully protest peacefully.鈥 It has called those things 鈥渆ssential to academic freedom and the continuing function of the university as an educational institution.鈥 It has even said that the 鈥減rinciple of freedom with responsibility is central to Cornell University.鈥
All of this simply means Cornell should honor the First Amendment. That鈥檚 not rocket science鈥攊t just means Cornell has to guarantee its students the same rights to which their counterparts at all public universities are legally entitled. But it is clearly not being done, since Cornell has a red-light speech code.
One other thing should be noted. According to the Daily Sun piece, the forum at which these comments were made 鈥渨as partially inspired by recent incidents surrounding The Cornell American鈥檚 September 2005 article titled 鈥楾he Color of Cornell鈥檚 Crime.鈥欌 I can鈥檛 find a good article summarizing that controversy, but the American story in question is , and I can definitely see why people were upset. But even when confronted with journalism as objectionable as that, Everet Yi, the leader of Cornell鈥檚 ACLU chapter, was right to point out, 鈥淭he best way to fight hate speech is to talk about it,鈥 not to silence it.
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