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Whittier Law Professor Instructs FIREon the Dangers of Censorship

A group of law students sent an anonymous letter to one of their professors objecting to the fact that she wore a 鈥淏lack Lives Matter鈥 T-shirt to class; has gone viral.

Inside Higher Ed鈥檚 Scott Jaschik of the correspondence, identifying students at Whittier Law School in California as the authors of the original letter and as the author of the response. The students were offended by Leary鈥檚 T-shirt because they found it disrespectful. Professor Leary was not impressed with either their demand that she stop wearing the shirt or the logic behind it. Her rebuttal shows why one of the primary purposes of a university is to provide a 鈥渟afe space鈥 for the clash of ideas.

Jaschik characterized the students鈥 letter this way:

The letter said wearing the shirt was 鈥渋nappropriate鈥 and 鈥渉ighly offensive.鈥 Further, it said 鈥渨e do not spend three years of our lives and tens of thousands of dollars to be subjected to indoctrination or personal opinions of our professors,鈥 and urged the professor to avoid 鈥渕indless actions鈥 that might distract students at a law school where not everyone is passing the bar.

Leary鈥檚 response to the students鈥 demand that she keep her opinions to herself is curt:

Premise: You are not paying for my opinion.

Critique: You are not paying me to pretend I don鈥檛 have one.

Behind Leary鈥檚 quip lies an important principle of academic freedom: namely, the idea that professors do have a right to express themselves on a range of issues without fear of retaliation. The students鈥 nod to Leary鈥檚 鈥渟acred right to the freedom of speech鈥 does not undo the fact that they don鈥檛 want to have to confront Leary鈥檚 views. FIREhas defended numerous professors punished for their extracurricular commentary, including Laura Kipnis, who was investigated by Northwestern University over an article she wrote about Title IX, and John McAdams, who was suspended by Marquette University for statements on his personal blog related to a graduate instructor鈥檚 discussion of gay marriage in class. The students are correct that they should not be subjected to indoctrination, but a professor wearing a T-shirt does not force anyone to change his or her beliefs.

Much of Leary鈥檚 response addresses the students鈥 criticism of the Black Lives Matter movement. The merits of the arguments made by either the movement or its critics are not within 果冻传媒app官方鈥檚 purview. One point Leary makes, however, highlights something at the heart of censorship: that those who want to silence others often mistakenly equate their own opinions with fact. As Leary wrote, 鈥淵our interpretation of something and your reaction to it based on that interpretation are not the same as what something actually means.鈥 (Emphasis in the original.) Robust discourse may not guarantee understanding of or eventual agreement with a different point of view. But the opposite鈥攔efusing to engage in such discussion and demanding censorship rather than subjecting one鈥檚 assumptions to scrutiny鈥攄oes ensure that people will remain in an echo chamber, cheating themselves out of a meaningful education.

The students end their letter with the hope that the 鈥渘ew administration鈥 will end the 鈥渁bysmal failings and shortcomings鈥 exemplified by Leary鈥檚 insistence on exposing them to ideas they don鈥檛 want to hear.  FIREsincerely hopes that the new administration will continue to allow professors the freedom they need to get students to think about the law, not just memorize the rules of civil procedure.

Leary ends her response with a reminder that the true purpose of a university is to be a marketplace of ideas that is always open for business:

I believe that every moment in life (and certainly in the life of law school) can be an occasion for teaching and learning. Thank you for creating an opportunity for me to put this deeply held belief into practice.

And thank you, Professor Leary, for the timely reminder that the best response to speech one disagrees with is more speech, not calls for censorship.

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