Campus Speech Codes
They're still in place, writes Greg Lukianoff at FIRE -- the Foundation For Individual Rights In Education.
Indian River Community College, a public institution, tried to ban a Christian group from showing Mel Gibson's The Passion of the Christ at their meeting -- at virtually the same time the school was hosting a skit called "Fucking for Jesus," a piece about jerking off to an oil painting of him:
While FIRE was exceedingly clear that the both the skit and The Passion were fully protected expression and could not be banned on a public college campus, the school's double standard was jaw-dropping. After months of public pressure from FIRE the college relented, ceased its punitive actions against the CSF and allowed them to show The Passion. This case is far too typical in FIRE's experience and reveals how speech policies are used to silence certain disfavored views on campus, while seriously misinforming students about their basic speech rights. It also highlights the fact that, despite some reports that speech codes died off in the 1990s, these codes remain the rule rather than exception on America's campuses.But the most common type of speech code comes in the form of absurdly overbroad "harassment policies." For example, Western Michigan University's harassment policy actually bans "sexism," which it defines as "the perception and treatment of any person, not as an individual, but as a member of a category based on sex." The University of Iowa, meanwhile, defines sexual harassment as something that "occurs when somebody says or does something sexually related that you don't want them to say or do, regardless of who it is." Davidson College's Sexual Harassment Policy prohibits the use of "patronizing remarks," and, heartbreakingly, goes on to explicitly prohibit "comments or inquiries about dating."
Wait, let's take this bit again:
"sexism," which it defines as "the perception and treatment of any person, not as an individual, but as a member of a category based on sex."
So, when Gregg asks me if I'd like him to carry my heavy bag, because people in my category generally have less muscle mass than people in his category (and because that's how his mother raised him), he isn't being a gentleman; he's being a sexist pig?
What makes speech codes so hardy?
Ideology: Political correctness is still alive and powerful on our college campuses. The belief that some students (and, indeed, some administrators) have a right not to be offended plays a part in dozens upon dozens of incidents every year in which FIRE must come to the defense of a student or faculty member who said "the wrong thing." "The wrong thing" can range from publishing an "insensitive cartoon," to sending out an overly ironic Halloween invitation, to an attempt to satirize or protest any number of issues, from affirmative action to terrorism and religious extremism....Liability: This is the factor that I believe gets the least attention from the critics of campus political correctness. An ever-growing industry of university lawyers and "risk management" experts has left universities in a panic about avoiding lawsuits. Unfortunately, some poorly decided harassment cases, as well as case law indicating an increased legal duty on the part of campus administrators to police the behavior of students, seems to have encouraged many plaintiffs. At the same time, the risk management industry has a vested interest in exaggerating how serious and complex the state of the law actually is, and in this process free speech and due process often lose.
Genuine ignorance of the law, the principles of modal liberty, and the reality of speech codes: ...While there are notable exceptions, I have been routinely surprised by how much misinformation and lack of understanding there is among both college administrators and university counsels regarding basic principles of free speech and academic freedom.







"Fucking for Jesus"? Massive yawn...a piece of shock value without substance. Like "Piss Christ" by Andres Serrano. Not created to make a statement. Just to push the envelope and offend Christians.
"Hmmm...let's see what I can do to piss people off? I know! I create a skit called 'Fucking for Jesus!' Tee-hee, I'm so clever."
Now, watch. Some lackwit will reply with something like, "Well, obviously he pissed you off, Patrick! Look how you're ranting and raving about it!" It doesn't piss me off. I just don't believe in shock for the sake of shock. I'm all for messages that piss people off if there's some point to it. But it's obvious the artist's purpose was to be offensive just so he point to his work as "cutting edge" and "controversial."
No. Just boring.
Patrick at March 21, 2010 1:31 AM
Well I'd object to the title of the skit just on princable. If they're jacking off to a paining it aint fucking, its masterbation
Fucking morons
lujlp at March 21, 2010 3:43 AM
Is this the Indian River College in Florida? I've noticed that these types of stories tend to pop up in conservative states more often than liberal ones. .. are they trying to follow social standards set by the blue states, but they don't quite "get" them? Or are they taking the PC thing over the top intentionally to discredit the liberal view point?
Is this like the people in Texas who wanted to ban Halloween because it was insulting to Wiccans, when in fact no Wiccans had complained, and ultimately it was fundies wanting to ban it for their own reasons?
NicoleK at March 21, 2010 4:26 AM
I agree that shock for shock is stupid.
NicoleK at March 21, 2010 4:27 AM
"at virtually the same time the school was hosting a skit called "Fucking for Jesus," a piece about jerking off to an oil painting of him:"
Thats not even really that much of an edgy criticism these days in my mind. The Southpark spoof with Cartman's Christian rock band being a good take on the over emotional/sexual view of Jesus in many modern churches and religious media.
My only memorable deal with religion and PC'ism in college was basically writing what the gal who taught Religion in Philosophy (or something like that). I wrote some essay about variuos faiths and put in how not all Muslims were bad and society gave them a bum rap. She wrote some one liner on the paper agreeing with it. I figured writing a bit more in depth opinion wouldn't have gotten me a better grade and been a waste of time better spent writing bad term papers for my history courses.
Luljp, of course they're morons. They're in college and thus know everything! :)
Sio at March 21, 2010 5:43 AM
> Thats not even really that much of an
> edgy criticism these days in my mind.
A lot of people seem to think they'll never get any closer to heaven than believing (or at least alleging) that they're more sexually sophisticated than someone else. In this catechism "edgy" is comes right after "prissy".
Crid at March 21, 2010 6:14 AM
From Western Michigan's athletic website:
"Men's Sports"
Baseball
Basketball (M)
Football
Hockey
Soccer (M)
Tennis (M)
"Women's Sports"
Basketball (W)
Cross Country
Golf (W)
Gymnastics (W)
Softball
Tennis (W)
Track and Field
Volleyball
Is the Athletic Department not aware of the "sexism" policy? I'll bet they even have signs on the rest room doors indicating that some are for men and others for women.
Their "Fast Facts" page lists enrollment (for "fall 2008) as including 12,018 men (48%) and 12,800 women (52%). If they're following the policy, how would they know?.
chissa at March 21, 2010 6:50 AM
Chissa, Western Michigan is probably in the same jam as LSU. Justin Wilson once noted that the boys and girls at LSU use the same curriculum, and they routinely matriculate together.
What a den of iniquity!
But speech codes aren't just for colleges - they're for any place someone might be offended, like this Wal-Mart. The kid was arrested for saying, "All blacks need to leave the store" on the PA system.
Imagine what savage punishment he would have received for saying white people need to leave...
Radwaste at March 21, 2010 7:48 AM
Ironic, isn't it? There was a time when public expressions of faith were expected and public expressions of blasphemy were banned. Now in some places it's the other way around.
Those of us who indulge in an occasional bout of blasphemy need to practice tolerance toward expressions of faith. The pendulum might swing again.
Axman at March 21, 2010 8:52 AM
Shock art has been mass produced, commoditized, advertised, packaged up and sold off to the masses. Really, what would you find shocking and intellectually challenging today?
Eric at March 21, 2010 8:53 AM
The so called centers of higher education have become breeding grounds for political correctness, liberal thinking points, and affirmative action.
jksisco at March 21, 2010 8:57 AM
it's just sad when college goes from a marketplace of ideas, to an indoctrination center of an idea. The Hare Krishnas used to set up their tables right next to the campus crusaders for Christ at CU... but now they are prolly both banned...
SwissArmyD at March 21, 2010 10:47 AM
I haven't thought or heard about the Hare Krishnas for years. I used to enjoy them parading around Laguna Beach with their tambourines and drums....
Eric at March 21, 2010 12:16 PM
Patrick is dead on the money on this one.
I'm all for art...good art, hell I don't even have an objection to art that is "shocking"...if it has a message.
If you want to see great shock art, look up the painting, "The War as I Saw It", painted about WWI. Truly a remarkable painting, it grabs the eyes and holds you to it. That is what "shocking" should mean in reference to art, a powerful and evocative message, stunning and remarkable talented renderings, a whole host of virtues that leaves one saying, "This is remarkable" even if one doesn't care for the message, or the artist.
Fucking for Jesus? Seriously?
The problem with most modern art is that is funded by a committee spending tax dollars...by itself this wouldn't be a bad thing. But art by comittee is not as a rule, very good. Thus, what gets approved for funding needn't have much actual merit, its all very subjective.
Again...this might not be such a horrible thing, except what does it lead to?
Art goes from being a truly elite field in which talent recieved funding, shows, exposure, and those remarkable few were able to influence the creative souls of the next wave of brilliant creative minds, and create an enduring legacy...to what it is now.
Every two bit hack who can throw something together that will shock or insult the people whose tax dollars paid for the craptastic "art" looks for public funding, university funding provided by students, or other such sources, calls themselves an artist and claims their art sucks because its "cutting edge" and we're just not sophisticated enough to recognize the genius of it all.
Warhol was right. Art is dead.
He proved that with the soup can.
Robert at March 21, 2010 3:04 PM
Art has been "dead" for years, decades, centuries. Robert Heinlein lamented in Stranger in a Strange Land that every idiot with a blowtorch and astigmatism can call himself a sculptor...
But to be honest, there are still remarkable works produced, and "tax money" paid the masters of old. Every generation has its critics claiming that what they think is modern is trash.
I still think Jackson Pollack's a fraud. Splatter? Art? Your medication has gone bad...
In the past, we had the Acropolis, designed to a degree unfathomable to most. Today we mass-produce computer chips with switches five atoms thick, reliably - so we can argue on-line. They are also unfathomable to most.
Radwaste at March 21, 2010 3:55 PM
Amy Alkon
https://www.advicegoddess.com/archives/2010/03/campus-speech-c.html#comment-1703280">comment from RadwasteRad, here's a working artist friend of mine with skill -- painter Max Ferguson: http://maxferguson.com/
Amy Alkon
at March 21, 2010 4:57 PM
WOW! That guy Max Ferguson is incredible. I particularly like "Time". Skill is definitely an understatement. They paintings look more like expertly taken photographs.
My favorite Kurt Vonnegut book was loosely based around the modern art community- I highly as possible recommend "Bluebeard".
Eric at March 21, 2010 5:29 PM
OMG Radwaste I love you.
Yes, so much modern art I look at and think, "The emperor is buck naked and I can see his hair in places I don't wanna".
Some of it is kinda cool... but rarely does it blow my mind. "Neat-o!!!" is not an expression of awe.
NicoleK at March 21, 2010 5:40 PM
A few thoughts....
Jackson Polluck was a fraud, in 7th Grade I was, and still am, a terrible artist. The assignment was to pick an artist and write a package on them, including making a piece of art in their style. 5 minutes of work and the "art" was complete.
My wife and I have a very sexist relationship, I open her jars...
Red at March 21, 2010 6:06 PM
Amy Alkon
https://www.advicegoddess.com/archives/2010/03/campus-speech-c.html#comment-1703301">comment from EricI love "Time," too. I have a print of "Coney Island"
http://maxferguson.com/works-coney.html
And some of his Miami works on post cards that I framed.
Amy Alkon
at March 21, 2010 6:30 PM
Love this one as well- it reminds me of my uncles in Scotland who had a butcher shop...
http://maxferguson.com/exhibit.html
We need more art blogposts Amy! The fucking internet is getting soooooo depressing. Have you heard from your homeless friend that you haven't blogged about for a while?
Eric at March 21, 2010 7:02 PM
Amy Alkon
https://www.advicegoddess.com/archives/2010/03/campus-speech-c.html#comment-1703303">comment from EricGary is is Illinois, where his family is. He has a good friend from Sweden, Susie, who's been wonderful, and they're going to come back across the country when they can scare up enough money. (She e-mails me from both of them. She's a gem. Don't want to say more about her than that -- she's a bit private -- but he's in a good place.) He was offered a show in a gallery here in Santa Monica, but there are some details to work out to see things are in his favor. I've talked to the gallery owner there once on the phone, and an artist who shows there, a friend of mine who likes Gary's work and agreed to help Gary, took me there once. That artist friend and I will smooth things out with the gallery when Gary is back in California. Told Susie this and they're excited.
Amy Alkon
at March 21, 2010 7:34 PM
Here's the first story about Gary.
It's pretty cool. And you can find his page (courtesy of Amy and Jacki) at musselmanart.typepad.com.
Radwaste at March 21, 2010 8:13 PM
Don't know how happy he'll be in Illinois after sleeping under the stars in Venice... I hope he makes it!
Eric at March 21, 2010 8:17 PM
Amy Alkon
https://www.advicegoddess.com/archives/2010/03/campus-speech-c.html#comment-1703312">comment from EricHe has family in Illinois, so I think it's good he's been there. Susie had to go back to Sweden for a while and dropped him off there -- drove across the country to Illinois so Gary could get there. His work has really grown -- I'm looking forward to having him back here and working out the details with this gallery. My artist friend is a respected guy, and he's just been great about being willing to help Gary vis a vis the gallery.
Amy Alkon
at March 21, 2010 9:22 PM
Having known many people who have been victims of speech codes and been involved with one peripherally, it's become clear to me that university administrators don't necessarily want to ban speech they disagree with...they just want to make it such a pain to conform that these causes will simply go elsewhere.
To have to jump through hoops, send extra forms, consult a lawyer, make appeals, provide insurance for your display, be delegitimized in front of your peers, etc. -- people just figure, screw it, not worth my time.
And that's why, when this stuff happens, we ought to hammer these bureaucrats -- these paid agents of the state -- so hard that they never dare try it again.
Joe G. at March 21, 2010 9:40 PM
I'm all for art...good art, hell I don't even have an objection to art that is "shocking"...if it has a message.
Apparently, a German soldier asked Picasso about "Guernica", if he did this. Picasso replied, "No, you did this." I'm not always a Picasso fan, but that painting is devastating in person. Worth the entire admission price to the Reina Sophia museum.
Sum d00d at March 21, 2010 10:24 PM
"Apparently, a German soldier asked Picasso about "Guernica", if he did this..."
Read another Picasso story. Apparently, he was chatting with some GIs after the liberation of Paris in WWII. One of them complained that his paintings weren't realistic. Picasso asked him if he had a picture of his girl back home, which the GI proudly showed him. "Is she really so small as that?" he asked.
old rpm daddy at March 22, 2010 6:14 AM
Nowadays the people who are trying to shock the Bourgeoisie are bourgeois themselves.
lsomber at March 22, 2010 10:49 AM
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