Audrey Pietrucha
Greg Lukianoff’s new book, Unlearning
Liberty: Campus Censorship and the end of American Debate is an important
study of the chilling effect speech codes and other anti-free expression
constructs are having on students, faculty and American society. As president
of the Foundation for Individual Rights in Education, FIRE, Lukianoff spends
his days delving into complaints, dissecting speech codes and initiating legal
action to halt violations of students’ first amendment rights.
At a recent book forum
Lukianoff, who specializes in first amendment law and describes himself as a
moderate Democrat, said he was unprepared for the extent of abuses he has
encountered in his eleven years with FIRE. And while attempts to suppress
speech have always come from both ends of the political spectrum, the left-ward
tilt on most campuses means libertarian and conservative religious and
political thought are increasingly disallowed in the academic arena of ideas.
Lukianoff began his
remarks by reciting the disturbing findings of a 2010 survey conducted by the
American Association of Colleges and Universities. Twenty-four hundred students
and nine thousand campus employees were asked the questions “Is it safe to hold unpopular opinions on this campus?”
Only thirty-five percent of the students answered the question affirmatively,
with more optimistic (or naïve) first-year students saying “yes” forty-percent
of the time and more experienced (or jaded) fourth-year students registering at
only thirty percent. Most troubling of all, only seventeen percent faculty
members, who should know the school at which they work best, felt it was safe
to hold an unpopular opinions.
In Lukianoff’s experience,
students have cause to worry. He detailed cases of students who were kicked out
of schools and/or dorms because of mild protests against pet administration
projects or jokes regarded as hurtful or offensive. Campus speech codes, one of
which the FIRE website hires each month, rely on ambiguous and subjective
language which can be twisted to make just about any remark fit. The lack of
debate and discussion professors now note in their classrooms is due to a lack
of courage rather than a lack of knowledge or opinion. Those whose ideas
conflict with the powers-that-be have learned to keep it to themselves and it
is hard to blame them when the costs of disagreement run so high. Just a few
students need to feel the force of administrative muscle to keep the rest in
line.
The first amendment is not
needed to protect popular speech; rather, it was explicitly written to defend
minority ideas and dissent. The law, Lukianoff said, is strong in protection of
offensive and challenging speech but that does not prevent colleges from leveling
frivolous charges and dispensing with due process in cases against students.
That universities almost always lose these cases does not, unfortunately,
encourage a more circumspect approach to speech suppression. Neither does it
often embolden administrative staff, faculty or even other students to speak
out against an action that they know is unconstitutional. Apathy, Lukianoff
said, is the order of the day.
Worse than that, censorship
is beginning to be accepted as normal, even virtuous. Today’s college students,
Lukianoff said, are far too trusting of authority and seem ready to assume
similar authoritarian postures when it comes to differences of opinion. College
newspaper runs are destroyed regularly when they contain articles some find
offensive, insulting or damaging. Some of the free speech walls
that have been erected on
campuses where Lukianoff said students share many humorous, wise and interesting
thoughts, are sometimes torn down by other students. The designated free-speech
zones on some campuses are thought to be acceptable as long as the rules governing
them are enforced impartially. Even students who claim to be aware of civil
liberties issue seem unaware that having to obtain permission from a governing
authority to engage in free speech is itself a violation of the spirit of the
first amendment. It is also antithetical to the academic ideal of respectful
and honest debate and discussion.
Audrey Pietrucha is a member of the executive board of
Vermonters for Liberty. She can be reached at vermontliberty@gmail.com.
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