All Posts Tagged With: "free speech"

Is free speech protected on Canadian campuses?

New report ranks universities on ability to uphold freedom of expression

A new report released Thursday takes a critical look at the state of free speech at Canadian universities.

The 2011 Campus Freedom Index, published by the Justice Centre for Constitutional Freedoms, measured the ability of 18 universities and student unions across Canada to uphold free speech on campus.

Each university and respective student union was ranked based on their policies and procedures regarding free speech, as well as their actions and practices when addressing freedom of expression issues on campus. While no university or student union received a perfect score, Simon Fraser University, University of British Columbia, and University of New Brunswick received the best overall assessments. The University of Ottawa, Cartleton University, and the University of Calgary fared the worst.

Authors of the report contend that several schools have “turned a blind eye” to protestors physically or verbally disrupting speakers on campus. They argue that these universities have failed to uphold the rule of law, referring to Section 430 of the Criminal Code that prohibits individuals from obstructing or interfering with any person in lawful use of property.

The report is also accuses certain universities and student unions of censoring and discriminating against certain student clubs for promoting certain religious or ideological beliefs, citing Carleton and the University of Calgary as examples, for their handling of pro-life student groups on campus.

Students guilty of disrupting speech on campus

Ruling will make students afraid to express views: defense

Photo by Wikimania2009 on Flickr

Ten American university students were sentenced on Friday to 56 hours of community service and three years of probation in a case that has spurred debate about freedom of speech on campus.

Ten of the “Irvine 11″ students were convicted of conspiring to disrupt and disrupting Israeli ambassador Michael Oren’s speech, which he delivered at the University of California Irvine early last year. The court ruled that there is a difference between expressing one’s own opinions and preventing someone else from offering theirs.

The students, all members of the Muslim Student Union, disrupted Oren’s talk by repeatedly by yelling messages they had planned through e-mail exchanges, such as, “it’s a shame this university has sponsored a mass murderer like yourself.”

Prior to the trial, UC Irvine disciplined some of the students and suspended the Muslim Student Union for an academic quarter, which the dean of UC Irvine’s law school, Erwin Chemerinsky, believed was sufficient punishment. He called the decision to prosecute the students “harsh” and “a terrible mistake,” despite the fact that “there’s no free speech right to shut someone down.”

Last year, Canada experienced its share of free speech controversies on campus when both Ann Coulter and Christie Blatchford had events shut down because of protesters who had planned ahead of time to disrupt their speeches as a form of political protest.

Tony Rackauckas told the court that the Irvine 11 committed “censorship” and “organized thuggery.”

The defence lawyers, on the other hand, argued that the students were exercising their own rights to speak and that a criminal sentence amounts to “shutting down” their rights to free speech. Worse, they say, such harsh punishment will deter student activists from expressing their views on campus in the future. Reem Salahi, a lawyer for the defense, said they will appeal.

So much for the ‘People of Einstein’ myth

A student makes Jews look bad. But that’s a good thing.

Photo by wokka on Flickr

By Emma Teitel. Republished from Macleans.ca.

There’s an inside Yiddish expression used by Jews to describe other Jews behaving badly in the public sphere: “shanda for the goyim” — shanda meaning “shame” and goyim denoting “gentiles” (non-Jews). The phrase is most commonly employed by Semitic seniors, when the modern media informs them that Jews can in fact be lechers (Dominique Strauss-Kahn), alcoholics (Amy Winehouse); unsuspecting nudes (Scarlett Johansson); and now, thanks to one 22-year-old Toronto Jewish girl, dangerously obtuse.

The woman in question—with whom I share at least one mutual Facebook friend (I am also a 22-year-old Jewish girl and it’s very possible we crossed paths, maybe at B’nai Brith summer camp, or perhaps in the annual United Synagogue Youth Limousine Sukka Hop)—is a York University senior named Sarah Grunfeld, who last week made shanda-esque headlines when she put her social science professor’s career in jeopardy over an anti-Semitic remark that turned out to be—well—not. The statement “All Jews should be sterilized,” Professor Cameron Johnston explained in the introductory lecture to his class, was an example of an invalid and dangerous opinion; his point was that in academia especially, opinions must be reasonably qualified. Grunfeld failed to catch that qualifier, though, perhaps because before the prof had a chance to offer it, she had stormed out of class and enlisted the on-campus Israel-advocacy group, Hasbara (Hebrew for “Explanation”), to call for his immediate resignation.

Word of Johnston’s so-called racism exploded virally online by way of what National Post columnist Jonathan Kay has dubbed the “Bubbie-net” (Jewish grandparents frantically emailing their kin with fresh findings of alleged anti-Semitism); at the same time widely-respected Canadian Jewish civil rights association, B’nai Brith (Children of the Covenant), leaped in with equal gusto to champion Grunfeld’s claim. Then came the big reveal: Ms. Grunfeld had made a mistake. Not only was professor Johnston not an anti-Semite, he was a Jew. To borrow a more accessible Yiddish phrase, political correctness at York University had effectively schtupped itself. Not to mention Sarah Grunfeld.

The maligned university student has since “qualified” her accusations against Johnston with claims twice as ludicrous as the original. “The words, ‘Jews should be sterilized’,” she told the Toronto Star recently, “still came out of his mouth, so regardless of the context I still think that’s pretty serious.”

A lot of Canadian Jews are embarrassed and ashamed by this kind of doublespeak, and so was I, until I re-examined the root of my disquiet. There’s a reason why this particular shanda—and not, let’s say, Woody Allen’s marriage to his adopted daughter, or Garth Drabinsky’s defrauding of his shareholders, or The Daily Show’s Jon Stewart’s changing his name from John Stewart Liebowitz—ignites such fierce indignation in the Jewish community: Because Grunfeld doesn’t simply make us look bad (like the guys above); she makes us look stupid, and in doing so debunks the cultural stereotypes of intellectual superiority that we sometimes not-so-secretly enjoy.

Jewish American author Michael Chabon explored the seductiveness of this stereotype to Jews themselves in the New York Times last year in considering the calibre of the discussion following Israel’s botched raid of the Gaza bound Turkish flotilla, Mavi Marmara, in which nine activists died at the hands of Jewish soldiers (a debacle Diaspora Jews had trouble reconciling with our supposed “cultural” cleverness):

“I would look around the Passover table, say, at the members of my family, and remark on the presence of a number of highly intelligent, quick-witted, shrewd, well-educated people filled to bursting with information, explanations and opinions on a diverse range of topics. In my tractable and vainglorious eagerness to confirm the People of Einstein theory, my gaze would skip right over—God love them—any counterexamples present at that year’s Seder.”

Sarah Grunfeld—God love her—is one such counterexample. But we’d be wrong to let our gaze skip right over her, because there’s another, more disturbing lesson to be drawn from the Grunfeld affair and it’s this: as Jews, we hold the moral high ground to call out anti-Semitism. That’s why, in part, Grunfeld’s accusation had the legs it did, and why, perhaps, it got the backing from the Jewish infrastructure organizations such as B’nai Brith, which still hasn’t distanced itself from Grunfeld or denounced her fallacious claim, but has instead published her unapologetic letter blasting Professor Johnston for a sin he didn’t commit, with a logic even more addled than before. And there lies the biggest shanda of all: Grunfeld’s false allegations and the group’s uninformed decision to support her are bad mistakes, but both parties’ inability to own up to those mistakes renders them inexcusable. Because when we cry wolf —especially on one of our own—serious apologies are in order.

But it’s doubtful that apologies of any kind will be made, and B’nai Brith will continue sniffing out anti-Semitism where there may not be any, all the while undermining cases where there is. If anything good does come from this debacle, however, it’s that our enemies and unsolicited friends (Glenn Beck comes to mind) may think twice before attributing all things grave and glorious to the “People of Einstein.” Because if public representatives of the Jewish faith continue to make exceedingly stupid mistakes, then the various calumnies the conspiracy theorists like to heap on all of us—the blood libel, the plague, AIDS, the Iraq War, and our obvious plans to take over everything from Saturday night TV to the World Bank—start to ring kind of hollow. After all, with Sarah Grunfeld leading the way, for what exactly can they blame us?

Protecting free speech for teachers in a social media world

Florida teacher should keep his job: Pettigrew

Photo courtesy of Spencer E Holtaway on Flickr

Florida teacher Jerry Buell has been suspended from teaching after posting controversial comments on his Facebook page. The American history teacher was angered by a TV news report on the legalization of gay marriage in New York, according to Fox News.  ”I almost threw up,” he wrote in a post. “If they want to call it a union, go ahead. But don’t insult a man and woman’s marriage by throwing it in the same cesspool of whatever. God will not be mocked. When did this sin become acceptable?”

School district officials say that Buell has crossed a line, that teachers are bound by special codes of ethics, and that a Facebook page is a public forum.

Nonsense. Readers of this space will know that I am an outspoken advocate for the rights of gays and lesbians. (This post, for example.) And I hasten to point out that Buell’s statements are, in my judgement, stupid and mean-spirited. But he has the right to make them.

A Facebook page is a personal expression of one’s own particular tastes and attitudes. Indeed, it is hard to think of any mode of communication more centered on an individual. Buell was describing his revulsion toward love unlike his own; he did not claim to be speaking for the Lake County School District, or for Mount Dora High School or for anyone else.

I have sympathy with those who believe a gay student may now be uncomfortable in this guy’s class.

But if the standard is whether someone could potentially be uncomfortable, that’s casting much too wide a net. If that standard holds, it could be used to restrict the expression of almost any comment on any controversial issue. Suppose, for instance, Buell had said the reverse. Suppose he had celebrated the gay marriage legislation in New York. Would some devout Christians feel uncomfortable in his class?

Probably. The question must not be what a student heard about what a teacher said on the internet. The test must be: how does that teacher comport himself in class? If he’s worth his salary, he should take special care to make sure that when controversial issues come up, he presents all sides fairly. I myself am a committed atheist, but when religious questions come up — as they often do in literary studies — I try to ensure that the discussion is appropriately balanced.

In cases like Jerry Buell’s, people are quick to point out that there are limits to free speech; of course there are. But in a free society those limits have to be clearly defined and enforced only when absolutely necessary. If being wrong on Facebook is a crime, who among us is safe?

As long as he’s keeping his opinion to himself in class, Jerry Buell should keep his job.

Censorship in Regina?

Prof’s lecture on “The Case for Boycotts…” cancelled

By Cigdem Iltan

The University of Regina was buzzing this month with talk of academic muzzling off-campus. Emily Eaton, an assistant professor of geography, was a week away from presenting “Solidarity with Palestine: The Case for Boycotts, Divestment and Sanctions Against Israel,” the second of 12 lunchtime talks scheduled over the summer in Regina’s Victoria Park, when she says the coordinator of the series told her the topic was under scrutiny and asked to know more about it. The lecture series, titled “Profs in the Park,” was to be produced in partnership with the Regina Downtown Business Improvement District (RDBID). The next day, she says, the university told her the RDBID had cancelled her event. “This is a clear case of a city-level administration stepping in and saying what its citizens should and shouldn’t be able to hear, and therefore defining the terrain of public debate,” says Eaton. All the professors scheduled to present—on everything from “Gardening with Native Plants” to “Current Trends in Policing”—withdrew from the series. “The profs and the dean collectively decided we’d rather pull all the presentations than be subject to censorship,” says Eaton. (The lecture series has since taken on a new name, “Profs in the City,” and has been relocated to a private space: Neutral Ground Contemporary Art Forum. Eaton presented her lecture to a packed house on June 14.)

Judith Veresuk, executive director of the RDBID, says her organization isn’t to blame for pulling the plug on the original series. She claims that RDBID contacted the university to clarify the content of the talk after the city and her organization received complaints about its subject matter. And instead of providing more info, says Veresuk, the university pulled the lecture. “The next thing I know,” she says, “the university is crying censorship and cancelled the series.”

Should racist rants on YouTube lead to expulsion?

Asian students mocked for ‘checking on everybody from the tsunami thing.’

A student at the University of California in Los Angeles recently posted a video on YouTube in which she ranted about Asian students at her school, complaining about the “hordes of Asian people” who talk on cell phones in the library. She spoke in a fake Asian language at one point, and complained about Japanese students calling home about the tsunami and earthquake.

“I swear they’re going through their whole families, just checking on everybody from the tsunami thing. I mean, I know, that sounds horrible. I feel sorry for all the people affected by the tsunami,” she said during the three minute video.

“But if you’re going to go call your address book, like you might as well go outside, because, if something is wrong, you might really freak out and you’re in the library, and everybody’s quiet. Like, you seriously should go outside if you’re going to do that.”

After the video went viral, gathering millions of views and creating a serious backlash, Alexandra Wallace, the third-year political sciences student who posted the video, issued an apology on Monday. Apparently campus officials are still considering whether the video warrants disciplinary action.

When I first heard about the video (a commenter posted a link in my last blog post) I was shocked and disturbed that someone would not only think this way, but actually post a three minute rant on YouTube. But it gets even worse: the student was apparently planning on creating a series of videos.

“My daughter wants to start a blog,” her father wrote on Facebook, saying that she’s asking for domain suggestions for “Asians on their cellphones in the library.”

An editorial in the New York Times argues that although the student is rightly being criticized for her racist video, “the university would do a great disservice to itself and the First Amendment if it goes ahead and disciplines her for the content of her words.” The editorial categorizes her offensive words as an “ethnic slur” rather than a “form of harassment against a group of students.”

In other words, the First Amendment could protect her from being officially sanctioned in any way by her university. Of course, her racist rant on YouTube might follow her around for a while, providing an unofficial document for future employers to one day consider.

How do you stand up for your rights?

Students in Toronto, Calgary are proving that authority still rests with the governed

This has been a good year for students wielding power over their administrations. A high school student in Toronto, suspended for speaking his mind to the administration, got the school and local media on his side and had his record cleared. Two students at the University of Calgary criticized a professor online, but a court cleared them.

It hardly even matters what the students at the University of Calgary were speaking out about. As it has it, the kick-off was a relatively childish Facebook group about a disliked professor. But it quickly turned into a story about a university pushing its students around arbitrarily without regard for their rights or due process. The students saw this and asked a court to side with them. On Oct. 12, 2010, the Alberta Court of Queen’s Bench saw fit to do so, ruling that the students’ Charter rights had been infringed.

In Toronto, the situation never escalated quite as far, but was no less dramatic. After a 17-year-old soccer player voiced his concerns about support for the school’s teams at an assembly, his school banned him from athletic activities and suspended him for two days. The heavy-handed and blatant act of censorship did not go unchallenged. Parents, fellow students and media outlets across the city quickly rose to his defence. Inside of two weeks the school’s administration backed down, reinstating the student’s privileges and allowing him to return to class.

He’s now trying to expunge the suspension from his record as he prepares to apply to university, and it seems he has support on his side again. While his principal has said it won’t be an easy feat, if precedence is any indicator, I don’t think he’ll have a problem realizing his latest ambition.

In a year where we’ve heard much about heavy-handed government from WikiLeaks, G20 abuses and corporate scandal, that the power of the people can still be wielded, and wielded with courage, is itself encouraging.

These are students who showed incredible courage and wisdom. They recognized that they had been wronged, and recognized the most effective avenues for correcting those wrongs. But what these examples demonstrated most effectively was the power of the people when they come together.

When media outlets and hundreds of supporters rally behind a cause, it cannot be ignored. A mentor of Russell Crowe’s Gladiator said it best: “Win the crowd and you will win your freedom.”

Even Barbie in this summer’s Toy Story 3 was on to this idea. “Authority should derive from the consent of the governed, not from threat of force!” she declares in the film.

And while there is much to be sorrowful in this world, as 2010 nears its end we can be thankful that it is still our consent that is required above all else in government. And we are still free to withdraw that consent, whenever we see fit, so long as we have a few friends to stand with us.

Time for UCalgary to leave students be

The Pridgen brothers won their case, but it’s not over yet

The University of Calgary has decided to appeal an Alberta judge’s ruling not because they disagree with it, but because they want to know how close to the line they can go in the future without the courts stepping in again.

At stake is students’ right to free speech regarding their experiences on a university campus.

The case in question surrounds a Facebook page created by brothers Keith and Steven Pridgen that heavily criticized a professor they both had for a survey law course. Aruna Mitra, the professor, complained to the university after finding these comments online and the university found the brothers guilty of non-academic misconduct, were place on probation and threatened with expulsion if they did not apologize to Mitra.

Typically the Canadian Charter of Rights and Freedoms has not applied to universities because they are not government institutions. While they are publically funded, for the most part, universities are deemed legally autonomous, as they are not part of the government infrastructure — i.e. judicial, legislative and executive branches.

But these two students successfully sued the university after a second appeal to the board of governors was denied. Justice Jo’Anne Strekaf’s rulings states: “Students should not be prevented from expressing critical opinions regarding the subject matter or quality of the teaching they are receiving.”

The difference at the University of Calgary, the judge ruled, is that the university was punishing students to try and force desirable behaviour, a job typically performed by government, but universities are allowed to do by legislation. Because these punishments were being carried out in a manner that would normally be dealt with by a government body, the Charter applies.

Interestingly, the University of Calgary has no issue with the ruling and has no intention to pursue further legal action against the Pridgen brothers.

University spokesperson James Stevenson told the Canadian University Press, “This is not about fighting the Pridgens. This is about us trying to seek clarity.”

He said that case law is “all over the map” when it comes to how the Charter applies to universities and the University of Calgary is “seeking clarification as to what aspects the charter plays in day-to-day operations.”

But in doing so, they’re further dragging the Pridgens through hell.

The University of Calgary is right in seeking clarification on what could be a tense legal issue in its future. But at this point the Pridgens should be allowed to continue on with their lives, content that their case was well argued, and well won.

Get out your bike locks

Christie Blatchford is returning to UWaterloo on December 7

Globe and Mail columnist Christie Blatchford is making a second attempt to speak at the University of Waterloo after her first go was thwarted by a few protesters with bike locks around their necks.

Blatchford was scheduled to speak about her new book, Helpless: Caledonia’s Nightmare of Fear and Anarchy, and How the Law Failed All of Us, when some individuals decided that her “racist propaganda” was not to be given a public forum. The group of five successfully prevented Blatchford from taking the stage.

After the country became privy to the news that bike locks were suddenly sophisticated tools of political negotiation, the university released a statement apologizing for its embarrassing inaction:

The university considers Friday’s events as an attack on its presence as a place where issues are explored, discussed and at times debated. The freedom to speak and to learn is fundamental to the institution.

Protester Dan Kellar nevertheless remained committed to his heroic efforts to silence debate on campus. “[It's a] sad day when universities are used as a space to allow racists and nazi-apologizers to speak,” Kellar posted on his Twitter feed. “blatchford work is not academic”(sic).

Kellar, a maybe-PhD candidate at UW, appears to have failed to do some academic research of his own before unleashing his anti-Blatchford slander. In a reflective column about the charade, Blatchford responds to Kellar’s accusation that she is a “Nazi-apologist” for supposedly glorifying neo-Nazi Ernst Zundel by pointing out that she has mentioned Zundel’s name a mere five times in 35 years of daily journalism, and “mostly peripherally.” In the one piece she wrote about him, Blatchford simply defended his right to free speech. Maybe someone should send Kellar that column.

The other obvious qualm with Kellar’s position is that Blatchford’s hack-journalism, as he calls it, is inherently anti-native. Blatchford’s book, as anyone who has read just scantly beyond the title can attest, is sharply critical of the way the government has handled the Caledonia occupation. While she doesn’t come off as particularly sympathetic to the aboriginal position, her denunciation of government concessions is a far cry from being anti-native.

Still, even if Blatchford was a racist, ageist, neocolonial capitalist Nazi-sympathizer with misogynistic tendencies, Kellar and his clan shouldn’t be able to stop her from speaking simply by stomping their feet. Believe it or not, being a meanie is not illegal in this country! Nor is holding controversial opinions or expressing prejudice. You’re even allowed to be wrong! Fancy that, huh? These freedoms allow George Galloway, Ann Coulter, and Christie Blatchford to say what they want, even on university campuses, and even if we don’t like it. That is, as long as certain people leave the bike locks outside.

Carleton student union to enact discriminatory ban

Threat to decertify pro-life group ignores union’s pledge to protect campus diversity

The Carleton University Student Association (CUSA) has made a farce of its own supposed values by threatening to strip an anti-abortion club of student group status.

CUSA issued a notice to Carleton Lifeline Monday saying that the group will been banned for failing to comply with CUSA’s anti-discrimination policy. It helpfully informed the club that it has the opportunity to be recertified, so long as it adjusts the terms its constitution.

“We invite you to amend your constitution to create one that respects our anti-discrimination policy,” wrote Khaldoon Bushnaq, CUSA’s vice-president of internal affairs. CUSA’s anti-discrimination policy essentially states that “any campaign, distribution, solicitation, lobbying, effort, display, event etc. that seeks to limit or remove a woman’s right to choose her options in the case of pregnancy will not be supported.”

In sum, Carleton’s anti-abortion club must now support abortion rights if it wants to remain a student group on campus. The thought police at CUSA have given Carleton Lifeline until tomorrow to amend its constitution.

CUSA is the same student organization that famously and erroneously characterized cystic fibrosis as a disease only affecting “white people, and primarily men” back in 2008. The student savants who made up the council at that time deemed the disease not “inclusive” enough and voted to discontinue its Shinerama fundraising campaign. The burden of national embarrassment (and, you know, the actual facts about the disease) eventually prompted council to reverse the decision, but it seems the discomfiture of being a Canada-wide laughingstock back in 2008 has settled for the CUSA of late, and it’s getting back to making outrageous moves.

In what can only be perceived as an ironic push for progressivism, CUSA has turned its own constitution on its head; a constitution which explicitly states its aim to uphold an “environment free from prejudice, exploitation, abuse or violence on the basis of, but not limited to, sex, race, language, religion, age, national or social status, political affiliation or belief, sexual orientation or marital status.” Despite Article I of CUSA’s constitution, which states that the organization “shall act as a representative of the entire undergraduate student body attending Carleton University” (emphasis mine), CUSA’s decertification of Carleton Lifeline is little more than a discriminatory move toward a segment of its populace.

Some students at Carleton University believe that abortion is wrong. Shall I pause for dramatic effect? Though perhaps an unpopular position among members of CUSA’s council, it shall nevertheless seek to uphold an environment where pro-lifers can express their political and ideological beliefs free from discrimination. That’s according to CUSA’s own stated principles. Perhaps council has forgotten, but clauses protecting individuals’ rights to association and free speech are precisely so important as to protect those unpopular opinions. Concepts such as a woman’s right to cast a vote or the freedom for gay partners to express affection in the streets were once unpopular and/or offensive positions too, after all.

Not only is CUSA failing to protect its student from discrimination based on political and possibly religious belief (anti-abortion positions are often faith-based, after all), the group has taken on the role of oppressor itself. By mandating a “think like us or else” ultimatum, council is not seeking equity for all students, but rather, is playing favourites with group ideology. Short of CUSA declaring that pro-life attitudes plague only “white people, and primarily men,” I should think this latest hypocriticial CUSA move has just about pushed limits of reason.

Related: Money, not free speech, at issue in Carleton pro-life dispute

-Photo shows Lifeline members being arrested during a demonstration on campus last month.

Mark Steyn headed to UWO

Will the controversial speaker be warmly received?

Who can forget the embarrassing debacle that occurred in March when Ann Coulter embarked on her Canadian university tour? And no, I’m not just talking about what she said. Students and community members gathered outside of the University of Ottawa to protest the right wing pundit’s planned address, and effectively had the event shut down. Coulter went on to speak at the University of Calgary, but the fiasco left a black eye on Canadian Universities’ reputation for tolerance of free speech.

Now, the University of Western Ontario, which was the first school to host Coulter back in March, is set to welcome another controversial speaker: Mark Steyn. Perhaps best known for his contentious views on the nature of Islam, Steyn was originally supposed to speak on Western’s campus as coordinated by the Campus Coalition for Democracy. However, due to capacity constraints, the venue had to be moved.

Then, yesterday, the new venue—the London Convention Centre—denied the Steyn camp its room rental request. StrictlyRight.com, one of the organizers of the event, called foul, saying that the denial amounts to censorship at a city-owned facility, adding that the centre was caving to pressure from local Islamic groups. The centre’s general manager countered the allegation, saying that the decision to deny the request was business-driven—not politically.

In any case, the venue has been moved yet again and it seems as thought Steyn will take to the podium as planned on November 1. And even though it’s to be held off campus, students are still talking about implications of the contentious speaker’s arrival. According to the Western Gazette, the Muslim Students’ Association has already expressed concern to UWO’s administration about Steyn promoting Islamophobia on campus, though president Selma Tobah said there are better ways to oppose Steyn’s beliefs than boycott or protest. And Ryan Ruppert, president of the Campus Coalition for Democracy, told the Gazette he is hoping for “backlash through intelligent questioning.”

Who knows–maybe this time, things will go off without a hitch?

Hey valedictorian, watch the soapbox

UWinnipeg valedictorian should have left her protest against an honourary degree for Vic Toews outside

The convocation ceremony at the University of Winnipeg this past Sunday became more than just an educational rite of passage when valedictorian Erin Larson took to the podium. “While I’m immensely proud to be an alumnus of the University of Winnipeg and extremely honoured to have been selected valedictorian,” Larson began, “I have to admit I’m not proud to share the stage with everyone who is on it today.”

Behind Larson sat Public Safety Minister Vic Toews, who was being awarded an honourary degree by the University of Winnipeg. Toews, who is staunchly opposed to gay marriage, abortion, and other positions sure to reckon him unpopular at a university, stared at his program while Larson continued her valedictorian address.

“I feel the University of Winnipeg has recently suffered a profound loss of integrity due to the actions of the administration,” Lawson continued. “The decision to give an honorary law degree to someone who is best known to my generation of students as being a vocal opponent of expanding human rights is questionable at best.”

The decision was indeed a dubious one for the liberally-reputed University of Winnipeg. Some students, in fact, chose to forgo their walk across the stage in favour of a protest outside the university, where about 40 people gathered holding placards condemning the university’s bestowment of the honorary doctor of laws degree on Toews. It was inside, however, in front of hundreds of alumni, students, family and friends, where Larson chose to make her beliefs known.

She had every right to do so, of course. As valedictorian, those few minutes were her own, to do with whatever she pleased. Though just because we have the right, say, to wave an aluminum rod around amid a lightning storm, it doesn’t mean the idea is suddenly a good one. Larson began her speech commenting on her desire to properly reflect the sentiments of the graduating body, yet continued by expressing her own profound disappointment with the university’s honourary degree decision. Was she speaking on behalf of the student body? Or momentarily abandoning her pledge to do so?

In any case, a valedictory address should not be a political soapbox. While it could be said that granting an honourary degree to a cabinet minister is a political statement in itself, the valedictorian’s speech is not the time to initiate forthright political debate, particularly in front of friends and family who have come to watch their graduate cross the stage.

Larson’s approach simply comes off as crass. She could have joined the group of protestors outside the convocation, or declined her role as valedictorian, a move that would have sent the same point without hijacking the event to tout her ideological message. While holding your breath and plugging your ears is sometimes championed as valiant political activism amid the cozy walls of the university campus, the real world expects some tact when trying to make a political statement. (Well, except in the House of Commons.)

Larson made a point of mentioning the university’s mission statement while drilling home her position, reading that it strives to “Offer a community which appreciates, fosters and promotes values of human dignity, equality, nondiscrimination and appreciation of diversity.” Yet Larson, trying to emphasize that the university has forfeited its integrity by bestowing an honour on a man who doesn’t represent its mission statement, inadvertently forfeits her own by resorting to a tactless, ill-timed public statement. Whether or not you agree with Toews politically, subjecting him to public humiliation certainly does not further any efforts to promote “human dignity.” Though compassion and tolerance for ideological diversity–maybe that’s something one picks up in post-grad.

The Charter right to insult your prof

Landmark ruling involving Facebook criticism confirms university actions are government actions

How universities deal with their students may never be the same after an Alberta judge ruled that at least some of their policies and actions can be subject to Charter review. The case involved a challenge from twin brothers, Keith and Steven Pridgen, who were reprimanded in 2008 under the University of Calgary’s student  code of conduct for creating  a Facebook group that the university says was defamatory towards Aruna Mitra, a former law instructor in the interdisciplinary department of communication and culture.

The students, who were placed on six months probation, took the case to Alberta’s Court of Queen’s Bench in the spring, arguing that the university violated their Charter right to free expression. On Wednesday, Justice Jo’Anne Strekaf agreed with that assertion. “I cannot accept that expression in the form of criticism of one’s professor must be restricted in order to accomplish the objective of maintaining an appropriate learning environment,” she wrote in her 39 page ruling.

At the Judicial review university lawyer, Kevin Barr reiterated U of C’s position that the comments were defamatory. “It is simply outrageous to suggest that the publication of defamatory statements by a student, directed at a professor over the Internet, does not amount to non-academic misconduct by any standard,” he said.

The Facebook group titled “I no longer fear Hell, I took a course with Aruna Mitra,” contained comments from at least 10 other students, one of whom compared Mitra to a shoe. Another comment said that Mitra “got lazy and gave everybody a 65.” Yet another alleged the instructor said that the Magna Carta was signed in 1700 when it was signed in 1215. After Mitra, who had discovered the Facebook page, informed the dean, the brothers were placed on probation. The university lifted the requirement that the students write an apology letter after they refused to do so.

What is precedent setting in the judgement is that Strekaf ruled that the  U of C’s actions regarding discipline constitute government action, and, are therefore subject to Charter review. Universities have long held that their actions cannot attract Charter scrutiny because they are autonomous entities with their own decision making bodies. A 1990 Supreme Court case, involving a challenge to the University of Guelph’s mandatory retirement policy ruled that university decisions are not government decisions.

While Strekaf did not dispute that earlier judgment, at least when dealing with university staff, she added that because educating students constitutes a core government directed mandate, as outlined in Alberta’s Post-Secondary Learning Act, that policies related to dealing with students beyond day-to-day operations are subject to Charter scrutiny. While the U of C argued that its disciplinary policies were a part of independent contracts between students and the university, Strekaf argued that such policies cannot be clearly separated from the mandate of educating students.

She also stated that the students’ actions on Facebook constitute a part of the learning process. “The commentary may assist future students in course selection as well as provide feedback to existing students and perhaps reassurance that one is not alone in finding that they are having difficulty appreciating instruction in a particular course,” Strekaf wrote. Update: Though she did allow that some of the comments made on the page by the Pridgens may have “reflected a lack of maturity.”

The Calgary Herald quoted the students’ lawyer who was clearly excited.  “Henceforth, the university should be a little slow to say the charter doesn’t apply to them,” he said.

The case could have implications for protest groups that have been denied access to university space, including a U of C pro-life club that has in the past been charged with trespassing for holding demonstrations on campus.

Carleton pro-lifers arrested

Students charged with trespassing after erecting anti-abortion display

Five students were arrested and charged with trespassing after erecting an anti-abortion display at Carleton University’s main quadgrangle. Four of the students are members of pro-life group, Carleton Lifeline, while the fifth student was from Queen’s University.

The university had denied the group permission to put up the display in the quadgrangle when it applied two months ago, citing the size and offensiveness of the photos. Instead, the students were offered a table in university centre, an offer that apparently was not suitable for the group’s goals. It is about telling “the truth about abortion,” a Carleton Lifeline member said in the Post.

Photo of Ottawa police arresting students, courtesy of the Canadian Centre for Bio-Ethical Reform

Rejoicing in Christopher Hitchens’ cancer

U of L’s media coordinator of globalization studies says diagnosis is a ‘boon to humanity’

When U.S. right-wing pundit Ann Coulter attempted to speak at the University of Ottawa in March, protesters gathered outside the lecture hall and effectively shut down the event. The crowd boasted signs branded with “Love,” “Respect,” and  “Free Speech Stops at Hate Speech,” and chanted “Ann go home!” until police and security advised Coulter to cancel her speech in the interest of her safety. The demonstration came after University of Ottawa vice-president academic and provost Francois Houle sent Coulter a letter advising her to “educate [her]self as to what is acceptable in Canada” and to “weigh [her] words with respect and civility in mind.”

Now, I cite this example in hopes that the security personnel at the University of Lethbridge will be adequately prepared for what I expect to be another vehement uproar. Indeed, I’ll bet those same demonstrative individuals are already making their way west to protest yet another exploitative exercise of expression. “Free speech stops at hate speech!” Yup  . . . any day now . . .

Well, maybe they just haven’t heard yet. Joshua Blakeney, media coordinator of globalization studies at the University of Lethbridge, has written a piece for the alternative e-weekly The Canadian Charger where he gleefully rejoices in Christopher Hitchens’ recent throat cancer diagnosis. Hitchens, a journalist and pundit, is known for his stanch views on religion and unapologetic support for the war in Iraq. Contentious as his politics may be, it’s hard to deny he’s a brilliant speaker with a quick wit, a reputation he managed to uphold during a recent interview with Anderson Cooper where Hitchens discusses his impending death.

But for Blakeney writing in The Canadian Charger, it seems “impending” can’t come soon enough. The cancer is “something to be celebrated,” writes Blakeney, a U of L Masters student, “because it deprives the war propaganda machine of one of its most erudite apologists.”

“As I was contemplating this revelation, I couldn’t help feeling that the neoconservative armchair warrior was getting his just desserts,” Blakeney continues.

Then, after toting some 9/11 “truths” (Blakeney studies under prominent 9/11 conspiracy theorist Prof. Anthony J. Hall) and other wisdom about Iran and Israel, Blakeney concludes his “Hitchens deserves to die” thesis:

“It is fair to say that if cancer is good enough for babies in Iraq, Afghanistan, Palestine and soon Iran, then it is good enough for [Hitchens].”

Ironically, The Canadian Charger originated as an outlet to counter “hateful” messages printed in Maclean’s magazine, which were brought to (and later dismissed from) human rights commissions. Yet curiously, here beholds a piece where the terminal illness of someone is rejoiced because of his political beliefs.

“I wouldn’t rejoice in someone’s sickness unless it was someone as ghastly as Christopher Hitchens,” Blakeney told the National Post. His inability to write “could well reduce cancer rates,” he continued. “He is a dangerous demagogue who made a career out of selling aggressive wars that cause cancer. . . . I haven’t stooped to his level.”

Okay everyone; are we all ready with our placards? “Love,” “Respect,” “Free speech stops at hate speech!”

No?

Of course not. Blakeney’s not entertaining in hate speech. Fallacious and vile cheap shots, but not hate speech. But then again, neither was Coulter. So I’m wondering where the student unions are on this one. Where’s the protest to ensure a “safe space” for Iraq war supporters on campus?  After all, if we have the so-called “right to not be offended” in one case, aren’t we going to uphold it in another?

Rock wanted Ann Coulter to return

After UOttawa speech was canceled prez was advised not to invite Coulter back

The president of the University of Ottawa wanted to invite Ann Coulter, the abrasive right-wing American commentator, back to campus after her scheduled speech last March was shut down amid fierce protests. But Allan Rock’s advisers talked him out of it, warning that Coulter’s appearance would only turn into another media circus, newly disclosed documents show.

“An invitation to Ms. Coulter to return to the campus would demonstrate good faith on the part of the university and an unqualified commitment to freedom of expression,” Rock wrote in an email to senior university officials on March 24. That was the day after the speech was cancelled because of raucous anti-Coulter protests outside the auditorium. But several advisers, including Elly Alboim of the consulting firm Earnscliffe Strategy Group, strongly advised against the move. “My own personal view is that, on balance, I would not re-invite her,” Alboim said in a email to Rock. “Should she decide to take you up on the offer, her appearance will become a live news event that she will cynically use to personal advantage to extend her sense of grievance and victimization and amplify her profile.  . . . It will be her win, not about your gesture.”

University records surrounding the Coulter controversy were obtained by The Canadian Press under Ontario’s freedom-of-information law. Coulter, 48, is well known in the United States not only for her social conservatism but for the deliberately provocative ways she expresses opinions. She has said she likes to stir the pot without pretending to be impartial or balanced. During her three-campus speaking tour in Canada last spring, for example, she told a Muslim student at the University of Western Ontario in London, Ont., that the woman should “take a camel” if she was barred from flying.

Dissension about Coulter’s pending appearance at the University of Ottawa was inflamed by an email sent by a senior university official to her on March 19. It warned that Canadian law places limits on freedom of expression, including restrictions imposed by defamation law and laws against promoting hatred toward an identifiable group. “I therefore ask you, while you are a guest on our campus, to weigh your words with respect and civility in mind,” wrote Francois Houle, vice-president academic and provost.

Coulter made the email public, claiming the university was trying to gag her — triggering an avalanche of angry invective directed at the university for its allegedly heavy-handed effort to smother free speech. The negative reaction dominated the news media, and resulted in hundreds of often vicious emails to Houle himself.

In fact, the released documents show that it was Rock — not Houle — who asked that the email be sent. Rock even dictated some of the wording. “Ann Coulter is a mean-spirited, small-minded, foul-mouthed poltroon,” Rock wrote to Houle in a March 18 email. “She is ‘the loud mouth that bespeaks the vacant mind’.”

“She is an ill-informed and deeply offensive shill for a profoundly shallow and ignorant view of the world. She is a malignancy on the body politic. She is a disgrace to the broadcasting industry and a leading example of the dramatic decline in the quality of public discourse in recent times.” At the same time, he argued, “we should not take any steps to interfere with her plans to speak next week on our campus.”

Instead, Rock advised Houle he should write to Coulter informing her of the different rules surrounding free speech in Canada compared with those in the United States. “You, Francois, as Provost, should write immediately to Coulter informing her of our domestic laws. .  . You should urge her to respect that Canadian tradition as she enjoys the privilege of her visit.” After seeing a copy of the final email to Coulter, Rock praised Houle: “Quel excellent message! Merci et felicitations. I am sure she has never been dressed down so elegantly in her life!”

The Houle-Rock email was itself prompted by a March 17 letter to Rock from Seamus Wolfe, president of the university’s student federation, who alerted the president to Coulter’s pending appearance the following week. Wolfe cited Coulter’s past comments attacking aspects of the Muslim and Jewish faiths, arguing she had a clear history of promoting hatred and should not be allowed to speak publicly on campus. “I would request that you notify Ms. Coulter that she is not welcome on our campus, and that her event will not occur on uOttawa property,” Wolfe wrote.

Facebook criticism lands UCalgary in court

Students placed on probation for criticizing a professor on Facebook are asking a judge to review the case

Twin brothers, both students at the University of Calgary, were in court Friday asking a Court of Queen’s Bench judge to affirm their right to publicly criticize a professor. Keith and Steven Pridgen were reprimanded in 2008 under the University of Calgary’s student  code of conduct for creating  a Facebook group that the university says was defamatory towards Aruna Mitra, a former law instructor in the interdisciplinary department of communication and culture.

The group titled “I no longer fear Hell, I took a course with Aruna Mitra,” contained comments from at least 10 other students, one of whom compared Mitra to a shoe. Another comment said that Mitra “got lazy and gave everybody a 65.” Yet another alleged the instructor said that the Magna Carta was signed in 1700 when it was signed in 1215.

After Mitra, who had discovered the Facebook page, informed the dean, the brothers were placed on six-months probation. The university lifted the requirement that the students write an apology letter after they refused to do so.

The brothers are viewing the case as a fight for their constitutional right to free expression. “I’m happy to fight for what I believe in is right,” Pridgen (Keith) was quoted as saying by the CBC. In asking the court to review their case, Pridgen said he wants to ensure no other students find themselves in a similar situation. “The injustice that was done to us, first in having to bear with this specific professor in the class . . . all the way through to having to bear with the different issues all the way along, the appeals process, the denials, the delays . . . for that to not be forced onto another student, that’s what I think would be right is the solution.”

The Pridgen’s lawyer argued on Friday that while the university believes the Facebook group was defamatory the Pridgen’s should have been given the opportunity to demonstrate that the comments on the site were justifiable under the truth and fair-comment defenses permitted in defamation cases. However, because the students were only reprimanded with probation, the university said that there was no obligation that an appeal be heard.

UOttawa president finally talks Coulter

Says, “Freedom of expression applies. Even when it’s painful”

University of Ottawa president Allan Rock has finally addressed that itchy little PR debacle that stung the university a few weeks ago.

In an address to the university senate, Rock discussed the cancellation of right-wing commenter Ann Coulter’s speech on March 23. Coulter’s talk was called off after student protests prompted security concerns.

“From the moment we learned about Ms. Coulter’s intended presentation, there were groups and individuals who insisted that we prohibit her from speaking on campus,” Rock said. “We rejected those demands, asserting that Ms. Coulter had every right to appear and to speak.” Coulter has been criticized as being overly inflammatory and offensive.

“Freedom of expression applies,” he said later. “Even when it’s painful.”

And for Rock, it seems it was pretty painful. He said he turned to the Internet to learn more about Coulter and admitted to “using intemperate language in exchanges with colleagues” in her regard.

And then there was the infamous email from Provost François Houle–the one sent a few days before Coulter’s visit, essentially warning her to watch her mouth. “I share responsibility for the letter from the Provost to Ms. Coulter,” Rock said. He explained that the letter was sent with his knowledge on behalf of the administration.

Rock later added: “I acknowledge that there are other, and indeed better ways, of achieving the letter’s stated purpose.” He also confirmed that the university did not cancel the event; it was indeed Coulter’s representatives.

So what have we learned? Well, it seems the administration champions freedom of expression. That’s a good start! Even though they paradoxically encouraged self-censorship and incited uproar with a preemptive cautionary email (not so good), which culminated to a hostile situation beyond their control—a situation of which they really haven’t yet taken ownership. But hey, at least we know Rock did some solid Googling before that “welcome basket” popped up in Coulter’s inbox.

Ann Coulter and student reactionaries

She’s relevant because we are making her relevant

Until this week I knew very little about Ann Coulter and I liked it that way. I was vaguely aware of her as a deliberately provocative, talking-head right-winger. I had the sense that she was good at antagonizing people. That was about it. I had about as much interest in following her “work” as I do in Rush Limbauch’s oeuvre.

This week I can’t hide from her. She’s everywhere. Elections just ended at U of T with the usual accusations and counter-accusations, students at UTSC just approved an unprecedented and massive levy to fund a world-class athletics facility for use in the 2015 Pan-Am Games, wrestling continues unabated over the fate and status of First Nations University of Canada, and all I can bloody well hear about is this screwball American provocateur who has just about nothing relevant to say to Canadians and nothing informed to say to anyone. Someone please tell me why I’m supposed to care?

The freedom of expression angle I get. It’s important to pause once in a while to reflect on the importance of free speech and also on the occasional limits necessarily imposed on it. But honestly, can’t we have that debate in context of someone who is at least relevant? Ezra Levant is a home-grown topic of debate, speaking to and about Canadian issues. Ann Coulter is just a traveling gong show promoting nothing other than her own celebrity. And we let her! We even help her! Every line I’m writing this very moment gives her more of the commodity she’s so successfully selling — her own profile. She doesn’t care if we like her or what we say about her just as long as we keep listening and paying attention. And we sure are doing that.

The fact that this is playing out on our university campuses is no coincidence. Students make fantastic reactionaries. There’s a whole lot of good intentions there but not a lot of direction. So with very little of their own to say, student activists simply argue about what someone else is saying. Coulter opens her mouth and gets the whole thing rolling for us. She says something outrageous, some students argue she shouldn’t be allowed to say it, others defend her right to say it, and all of a sudden that’s the whole debate. Students aren’t saying anything at all–or at least nothing of their own. They’re just arguing over what Coulter said. And that’s just sad.

Maybe I’m bitter because the spat of Ann Coulter articles here are the biggest thing for On Campus in ages. Even the strike at York didn’t attract this much attention or this many comments. Students do have a lot of power and can set the agenda for discussion of post-secondary issues if they want to. But taking on real and complex topics is difficult. Getting all outraged about Coulter–or alternatively, getting all outraged over the suppression of Coulter–is easy. And as long as we keep getting distracted by every circus sideshow that comes to campus, it’s going to remain that much harder to bring attention to the real issues affecting post-secondary students in Canada today.

But hey, in the spirit of giving everyone what they want, here’s a video of Coulter saying outrageous things. Enjoy.

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Questions are welcome at jeff.rybak@utoronto.ca. You can also follow me on Twitter.

Problems with free expression

The U of T blackface case raises important questions about the complex nature of freedom.

Elsewhere, my fellow blogger Scott Dobson-Mitchell notes the irony whereby in one comment I acknowledge that I occassionally edit comments on my blogs, while in another comment, I defend the right to free expression.

I’d be flattered that someone is reading me so closely, even if it is only other OnCampus bloggers, except that I’m pretty sure Dobson-Mitchell thinks I’m a douchebag. To wit:

I believe that racism, even those acts of racism that an educated, white, university professor of English literature deems to be otherwise, continues to be a “real problem” in today’s world.

Well, of course, racism itself is a real problem, but  is the writer really suggesting that some guys wearing poorly thought-out costumes to a halloween party is an important issue? Compared to what? If Dobson-Mitchell can’t find plenty more serious problems than that in the world, he’s not paying attention.

As for the supposed contradiction over free speech, my colleague, I would say, misunderstands the freedom part of the expression. The right to free speech does not guarantee the right of anyone to say anything anywhere anytime. I am free to write a book, but publishers are free to refuse to publish it. I am free to speak my mind about politics, but Global Television is not bound to put me on the air. A reader may think that I’m an asshole, but unless he finds a nicer word for it, it’s not going in the comments on my blog; they call them moderated comments for a reason. He can call me immoderate names on his own blog. What the right to free speech should guarantee is that third parties should not be able to intervene and force others to speak and think as they would prefer.

Which brings us back to the halloween costumes. In my view, these guys had the right to wear their ridiculous costumes, and the party organizers would have been within their rights to say, “sorry guys, not at this party.” But where the whole thing changes is when some other group of people comes along — government, special interests, whoever — and starts holding meetings, demanding public apologies and the like. Then we start to move away from people choosing for themselves as to what they find offensive, and we move towards the policing of free action and opinion — and that becomes a very real problem indeed.

PS: why does Dobson-Mitchell point out my own race in his comments? What difference does it make that I am white? I certainly hope that he does not mean to imply that someone like me could not be expected to understand the issues involved.