Andrew Koppelman, John Paul Stevens Professor of Law and professor of political science at Northwestern University.
Professor Koppelman wrote a generally extremely sound essay in the Chronicle of Higher Education (mostly a red rag, full of left-wing stupidity) commenting on some Yale Law School students’ and its Administration’s hysterical response to a student’s Constitution Day Party invitation.
However, the good professor opens the piece with a conspicuous bit of assurance that his head is in the Left Place ideologically. Catch this! (Use Outline link, because of paywall.)
The movement for diversity and inclusion has improved people’s lives in many tangible ways. A few days ago at Northwestern Law School, where I’m a professor, I went into the men’s restroom and saw that the school had provided tampons and sanitary pads on a shelf there. It made me happy. There are people here who menstruate and identify as male. Their needs matter, and the school now recognizes that.
But in other respects…
Jesus, Mary, and Freddie! Obviously hanging out with the loonies and wet ends teaching at contemporary elite universities addles the brain and assimilates even normal, well-educated people into group insanity.
Let me break it to you, Professor Koppelman: “People ..who menstruate and identify as male” need their heads examined a lot more than they need special accommodation in lavatories intended for men who pee standing up.
Where does the group insanity that makes the Modern University a hive of totalitarian crackpottery and the enemy of America, Western Civilization, and even the Liberal Ideal of Free Speech originate? It starts with the moral cowardice that declines to stand up in opposition to any complaint or demand, however absurd, irrational, or insolent, from anyone or any group bullying with the moral jiu jitsu of Victimhood.
But, as I’ve acknowledged, if you excerpt that paragraph of Woke Wankery, its a good essay that hits Yale Law’s nail solidly in the head.
Matt Taibbi is still a man of the Left, but he wasn’t Woke enough for Rolling Stone, so being a victim of Cancel Culture himself, he’s basically on the right side on Free Speech and Censorship at the hands of Establishment Media and Big Tech. Here’s his latest:
For blue-leaning audiences, news that companies like Facebook and Google had begun shutting down or de-ranking accounts in ways we’d never seen before was, to my initial shock, mostly perceived as a good thing. In the wake of Trump’s election, many Democrats believed something had to be done about “fake news,” Russian trolls, and, especially, inflammatory right-wing speech.
Polls showed 40% of millennials believed the government should be allowed to limit speech offensive to minorities, a number significantly higher than the one for either Baby Boomers (23%) or GenXers (27%). If those levels of support among younger voters existed for outright government censorship, how would that audience ever be convinced to care about private companies zapping political accounts?
The issue was such a non-starter with younger, blue-leaning audiences that when I did a feature about Facebook’s 2018 purges of so-called “inauthentic” accounts, Rolling Stone headlined the piece, “Who Will Fix Facebook?”, as if to disguise what the story was actually about. (I got letters from disappointed readers who’d been drawn in by the headline, hoping to read a story demanding that Facebook wipe out more right-wing/conspiratorial content). After the expulsion of Alex Jones and Infowars from Apple, Facebook, Google, and Spotify, it seemed many younger readers didn’t see a problem with increased content moderation. If anything, Silicon Valley didn’t remove enough obnoxious content.
Conservative readers from the start have been significantly more unnerved by the content moderation movement, for the obvious reason that most higher-profile targets of tech crackdowns have been right-wing figures. After years of decisions like kicking Donald Trump off Twitter, suspending or banning figures like James Woods and Milo Yiannopoulis, and intervening to block access to the New York Post’s expose on Hunter Biden, the censorship issue in conservative media has usually been pitched as being a problem exclusive to them.
After the Hunter Biden story was blocked, Republican politicians like Mississippi Senator Roger Wicker and Colorado’s Cory Gardner hauled tech CEOs to Washington to face accusations of “bias.” At the much-covered hearing in October, Wicker railed at Twitter CEO Jack Dorsey. “Mr. Dorsey, your platform allows foreign dictators to post propaganda, typically without restriction,” he said, “yet you typically restrict the president of the United States.” Read the rest of this entry »
Back in 1920, F. Scott Fitzgerald, Princeton ’17, in This Side of Paradise described “The Yale Thing” this way:
“I want to go to Princeton,” said Amory. “I don’t know why, but I think of all Harvard men as sissies, like I used to be, and all Yale men as wearing big blue sweaters and smoking pipes.”
“I’m one, you know.”
“Oh, you’re different.” I think of Princeton as being lazy and good-looking and aristocratic,” you know, like a spring day. Harvard seems sort of indoors”
“And Yale is November, crisp and energetic,” finished Monsignor.
They slipped briskly into an intimacy from which they never recovered.
The Yale man in fiction was typically portrayed as an All-American, square-shooting man-of-action, along the lines of Frank Merriwell, Dink Stover, Flash Gordon, and even Bruce Wayne.
The modern ascendancy of leftism can **** up anything, even the Yale identity.
On Facebook, some self-appointed younger alumni (nearly all female) and some Albertus grad who merely works at Yale set up and run the “Yale Alumni Group.”
Typically, that group has a rules regime created by sanctimonious left-wing goo-goos.
1. Agree to Abide by the Rules of this Group by Joining it
By joining this group, you agree to abide by its policies below and understand that group Admins and moderators will enforce those policies at their discretion.
This page is heavily monitored. Posts that do not contribute to alumni community-building or are determined to be antagonistic, racist, sexist, homophobic or otherwise rude or insulting, will be deleted and the user may be muted, blocked and/or banned from the group immediately without notice.
In other words: Surrender your free speech rights at the door.
2. No Hate Speech, Bullying, Insulting or Rude Language
This page is heavily monitored. Posts that do not contribute to alumni community-building or are determined to be antagonistic, racist, sexist, homophobic or otherwise rude or insulting, will be deleted and the user may be muted, blocked and/or banned from the group immediately without notice. …
6. Be Kind and Courteous. Like at Yale.
We’re all in this together to create a welcoming environment. Let’s treat everyone with respect. Healthy debates are natural, but kindness is required. …”
“Be Kind and Courteous. Like at Yale.”? What Yale is that? Not the Yale I was at. The Yale I knew was full of intensely competitive, sharp-tongued young men with a talent for cutting remarks who were not inclined to suffer fools and simps gladly.
Obviously, the more recent Yale has been sensitized and feminized, neutered and house broken, and politically corrected and pansified to a fare-thee-well.
Yalies today clearly do not wear big blue sweaters and smoke pipes, they get tattoos and piercings and emote a lot. They are not a bit reminiscent of November. They are like a sticky, humid day in August in the rainy season in a Third World swamp.
Over the last 48 hours, that Facebook Yale Alumni group featured a thread started by a typical female specimen who wanted advice about how to cope with “bullying and intimidation” when “speaking truth to power” at an upcoming meeting of some unnamed non-profit board.
It seemed obvious to me that anybody who started off telling you they enjoyed some sort of privileged possession of the truth, and who regarded debate and disagreement as “bullying and intimidation” was a deluded and outrageously self-entitled nuisance with a penchant for posing as a victim. I thought all this cowardice about facing oppositional speech and eagerness to play the victim card was decidedly unbecoming in a graduate of Dear Old Yale and consequently a card-carrying member of the national elite, and said as much. I carefully phrased all my observations as blandly and politely as possible (knowing perfectly well that censorship was a hair-trigger away).
A number of other females rushed immediately to her defense, accusing me of “mansplaining,” not entirely inaccurately describing me as “arrogant and insufferable,” and demanding that I check my white male privilege.
I responded with this poster meme:
Within a few minutes, when I went to read the responses, I found that all of my comments had been purged.
Having taken great care to avoid any actual pejoratives or colorful expression, I was much annoyed. I had drink taken as well, and I lost my temper. I sat down and wrote a posting specifically insulting the group’s management characterizing their sexual proclivities and existential status and urging them to commit obscene acts, some actually impossible. I’m afraid my boyhood roots in a mining town in the Hard Coal Region came out under provocation.
Not surprisingly, a minute later, I was no longer a member of the Facebook Yale Alumni Group.
But I’m not done with those wee slinkit cowerin’ beasties. My next step will be to create a Free Speech Yale Alumni Group on Facebook.
So, the Establishment has decided to address the grievances of people who feel disenfranchised, silenced, and subjected to double standards with much more disenfranchisement, silencing, and double standards. Seems like an on-brand move for the most corrupt, unwise, and incompetent – yet remarkably arrogant – ruling caste America has ever known. Good plan – deny them the right to pick their 2024 president, clap like trained seals as corporate overlords cut off their ability to express themselves, and continue to treat their own supporters well and dissenters much, much worse. That’s sustainable. Say, let’s put out this blazing fire with this handy can of gasoline.
Yeah, they are having fun for now. While the supine GOP is tweeting hack cliches about Muh Not Who We Are, the left is trying to tighten the noose. But we’re woke. Rasmussen puts Trump’s popularity at 51%, rising after the riots. We aren’t blaming Trump for the riots. And we sure aren’t rolling over for these bastards.
Here is Kristie Higgs’s petition that got her fired. (click on the image for larger version)
Toby Young, in the British Spectator, explains how you can lose your job even for anonymous on-line dissent.
Kristie Higgs, a 44-year-old school assistant, didnâ€™t realise that criticising the sex education curriculum at her sonâ€™s school on Facebook would get her fired. For one thing, her account was set to â€˜privateâ€™, so only her family and friends could read it. For another, she was posting under her maiden name, so no one could connect her with her employer. Finally, the school that sacked her for expressing these views wasnâ€™t actually her sonâ€™s, but another one altogether. This seems a pretty clear case of a person losing her livelihood for dissenting from progressive orthodoxy.
Kristieâ€™s case is being heard at an employment tribunal in Bristol this week. The dispute relates to two Facebook posts from two years ago. In one, Kristie urged her family and friends to sign a petition objecting to mandatory new sex and relationship lessons in English primary schools. In the other, she shared an article by an American conservative Christian commentator criticising the promotion of â€˜transgender ideologyâ€™ in childrenâ€™s books. â€˜This is happening in our primary schools now!â€™ Kristie said.
Someone circulated screenshots of these posts to Kristieâ€™s colleagues at Farmorâ€™s School in Gloucestershire, where she had worked for seven years, and predictable outrage followed. Senior members of staff compared her views to those of â€˜Nazi right-wing extremistsâ€™, according to Kristie, and someone lodged a formal complaint with the head, claiming her posts were â€˜homophobic and prejudiced to the LGBT communityâ€™. Kristie was summoned to a â€˜disciplinaryâ€™ at a hotel just before Christmas, where she was cross-examined for six hours by three of the governors, supported by three members of staff. When Kristie tried to explain that her objection to her son being taught that a woman could have a penis was rooted in her Christian beliefs, she was told: â€˜Keep your religion out of it.â€™ After the hearing she was dismissed for â€˜illegal discriminationâ€™, â€˜serious inappropriate use of social mediaâ€™ and â€˜online comments that could bring the school into disreputeâ€™.
There are two free speech issues at stake here. The first is whether an employerâ€™s social media policy, limiting what employees are allowed to say on Facebook and other platforms, can legitimately be extended to private conversations, particularly when the employee has taken steps to disguise her identity. On the face of it, that looks like a breach of Article 8 of the European Convention on Human Rights, which protects the right to privacy. The second is whether Kristieâ€™s comments constituted â€˜illegal discriminationâ€™ as defined in the UKâ€™s Equality Act 2010. Did they create an â€˜intimidating, hostile, degrading, humiliating or offensive environmentâ€™ for LGBT colleagues, even though they wouldnâ€™t have known about them if they hadnâ€™t been circulated by someone trying to get her into trouble? Or is she permitted to express such views by Article 10 of the ECHR, which protects the right to freedom of expression?
Kristieâ€™s legal team can also appeal to the Equality Act, which makes it illegal to discriminate against employees for their possessions of various â€˜protected characteristicsâ€™, including religion and belief. Her lawyers will argue she lost her job because she expressed her belief about the immutability of natal sex. However, when Maya Forstaterâ€™s lawyers made that argument in an employment tribunal last year â€” she was sacked for refusing to use trans womenâ€™s preferred pronouns â€” the judge said her gender critical beliefs werenâ€™t â€˜worthy of respect in a democratic societyâ€™.
Kristieâ€™s treatment is -obviously deeply concerning for believers in free speech, but thereâ€™s another aspect of her case that worries me. According to a recent white paper, a Bill will soon be brought before parliament empowering Ofcom to regulate the internet. Under the proposals, Ofcom will be able to impose punitive fines on Facebook for not removing content that political activists find â€˜offensiveâ€™, even if it doesnâ€™t fall foul of any existing speech laws.
Twitter already bans users for misgendering trans people, so it wonâ€™t take much of a push for all the social media companies to ban people for criticising trans ideology. The Free Speech Union has just produced a briefing paper warning of the dire consequences for free speech if the governmentâ€™s internet censorship plans become law, and I urge you to read it. Soon, it wonâ€™t just be Kristie Higgs who is punished for challenging woke dogma. It will be all of us.
Last month, on Facebook, in the course of a heated political discussion, I responded to an interlocutor’s uncomplimentary remarks by referring to him as “a white trash communist.” Facebook immediately took his side and froze my account for 30 days.
There was nothing new here. Pretty much any insult to liberals or liberal shibboleths will incur the wrath of Facebook’s zampolit censors. They start with 24 hours, then give you a week, and after a few offenses it’s 30 Days in the Hole for you.
Like many other outspoken conservatives, I responded simply by rolling up a second pseudononymous account. It only required a second email address and phone number.
My 30-Day suspension runs on until mid-month, and lo and behold! on Monday, I shared the above anti-BLM meme, and my second account was immediately punished with 7 Days for violating Community Standards with “hate speech.”
I’m out of extra phone numbers, and Facebook has evidently gotten wise to dissidents like myself creating alternative accounts. My attempts at creating Account 3 all failed.
All this has had the positive effect of bringing me to my senses. I’ve been wasting a few hours every day creating content for Mark Zuckerberg for free, responding like a laboratory rat to the positive reinforcement of “likes” and comments from friends, and indulging my argumentative disposition by correcting the fallacies of liberals. Not only is Facebook an incredible time sink, supporting it really amounts to accepting tacitly the petty dictatorship of Zuckerberg and his apparatchik nincompoops.
This is it for me. I will, henceforward, skim Facebook for new blog fodder, cynically use it to promote Never Yet Melted by linking posts, and that’s it. I’m otherwise posting, commenting, or sharing nothing. Mark Zuckerberg go screw yourself!
Andrew is bending over backwards acrobatically to be nice about it, but he clearly didn’t fall. He was pushed.
What has happened, I think, is relatively simple: A critical mass of the staff and management at New York Magazine and Vox Media no longer want to associate with me, and, in a time of ever tightening budgets, Iâ€™m a luxury item they donâ€™t want to afford. And thatâ€™s entirely their prerogative. They seem to believe, and this is increasingly the orthodoxy in mainstream media, that any writer not actively committed to critical theory in questions of race, gender, sexual orientation, and gender identity is actively, physically harming co-workers merely by existing in the same virtual space. Actually attacking, and even mocking, critical theoryâ€™s ideas and methods, as I have done continually in this space, is therefore out of sync with the values of Vox Media. That, to the best of my understanding, is why Iâ€™m out of here.
Two years ago, I wrote that we all live on campus now. That is an understatement. In academia, a tiny fraction of professors and administrators have not yet bent the knee to the woke program â€” and those few left are being purged. The latest study of Harvard University faculty, for example, finds that only 1.46 percent call themselves conservative. But thatâ€™s probably higher than the proportion of journalists who call themselves conservative at the New York Times or CNN or New York Magazine. And maybe itâ€™s worth pointing out that â€œconservativeâ€ in my case means that I have passionately opposed Donald J. Trump and pioneered marriage equality, that I support legalized drugs, criminal-justice reform, more redistribution of wealth, aggressive action against climate change, police reform, a realist foreign policy, and laws to protect transgender people from discrimination. I was one of the first journalists in established media to come out. I was a major and early supporter of Barack Obama. I intend to vote for Biden in November.
It seems to me that if this conservatism is so foul that many of my peers are embarrassed to be working at the same magazine, then I have no idea what version of conservatism could ever be tolerated. And thatâ€™s fine. We have freedom of association in this country, and if the mainstream media want to cut ties with even moderate anti-Trump conservatives, because they wonâ€™t bend the knee to critical theoryâ€™s version of reality, thatâ€™s their prerogative. It may even win them more readers, at least temporarily. But this is less of a systemic problem than in the past, because the web has massively eroded the power of gatekeepers to suppress and control speech. I was among the first to recognize this potential for individual freedom of speech, and helped pioneer individual online media, specifically blogging, 20 years ago.
And he’s right: if an anti-Trump, anti-Bush Quizling ersatz conservative, who additionally plays for the wrong team, is not an acceptable token in Establishment journalism today, things have reached one helluva pass. Andrew, of course, needs to sit back and reflect on his own part, in the role of sell-out, in letting matters proceed so far.
Andrew finds himself rather in the position of the late German pastor Martin NiemÃ¶ller:
“They came first for the Communists, and I didn’t speak up because I wasn’t a Communist. Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew. Then they came for the trade unionists, and I didn’t speak up because I wasn’t a trade unionist. Then they came for the Catholics, and I didn’t speak up because I was a Protestant. Then they came for me, and by that time no one was left to speak up.”
Unbelievable. Not only did they *arrest* a child merely for saying ugly things to a celebrity of color, but they're *bragging* about having arrested a child for words. Ugly words, yes, but words. He's 12 years old. What are you, @wmpolice, the Stasi? https://t.co/z1ENthqT8r
In this time of Cancel Culture, not all exhibitions of self-indulgent racial melodrama win Pulitzer Prizes. This recent Harvard grad posted the above rant on TikTok, and was consequently fired by Deloitte.
Their HR Department, alas! poor girl, took her rather-extreme metaphor literally as a “threat.” I’m sure that she actually had no intention of stabbing anyone, but her personal participation in contemporary group psychosis does have plenty of unfortunate real world consequences.
The African-American pattern of persecution fantasy functions to justify unearned and undeserved favoritism and privilege as “compensation.” It operates as an excuse for the suppression of free speech and honest debate. And it fuels a demented and overwheening self-importance, persuading silly people that they are special and specially-entitled on the basis of historical victimhood, that nobody has suffered as they’ve suffered (and are still suffering!) and nobody else can possibly compete in status and entitlement and nobody else can possibly understand how they’ve suffered (and are still suffering!). Being the ultimate entitled victim and at the same time a haute bourgeois elite Ivy League graduate is nice work if you can get it.
Fueling and participating in this nonsense is intellectually dishonest and socially and politically destructive. This fantasy corrupts society, fosters limitless injustice, and sews bitter divisiveness. Stupid people, even some who did not go to Harvard, will swallow this feel-good, addictive poison and proceed to act on it. Last year, just for instance, 23-year-old Temar Bishop raped and beat a 20-year-old white college student to avenge his historical group grievances.
She was a white girl. She deserved it because us minorities have been through slavery.â€
â€œThis is what they used to do to us,â€ he allegedly told the witness, according to the criminal complaint. â€œThis is what they did to us during slavery. They used to beat us and whip us.â€
The victim suffered a broken nose and teeth, and vomited blood after the attack.
I thought it was sad that she lost her job for a private opinion and because her figure of speech was taken literally, but there is the consolatory thought that she obviously would not feel a bit sorry if the shoe were on the other foot, and some opponent of her Racialist Agitation had his career carpet-bombed due to some social media indiscretion. On the contrary, I have every expectation that she would gloat.
The Heritage Foundation recently published a must-read report on the Left’s widely successful effort to first stigmatize, and eventually to criminalize, speech and ideas it doesn’t like, thus shutting down all discussion and debate over very significant cultural and policy issues.
America is the only Western nation that does not criminalize â€œhate speech.â€ Canada, Australia, New Zealand, and most nations of Europe already do so. The United Nations relentlessly pressures the remaining holdouts to follow suit: â€œAs a matter of principle,â€ says the U.N. Secretary-General, â€œthe United Nations must confront hate speech at every turn.â€
Meanwhile in America, Members of Congress issue their support for speech restrictions, and Big Techâ€™s digital oligarchs, enjoying a disproportionate power over society, continue to impose speech restrictions in exchange for access to their platforms. So are Americaâ€™s colleges and universities more and more governed by an aggressive chorus of students, faculty, and administrators who demand and impose speech codes. These fronts promises to grow in size, strength, and confidence in the coming years.
Leading restriction advocates want not only to banish â€œhate speech,â€ but also to criminalize it. In the words of Mari Matsuda, an influential professor at the University of Hawaii Law School, â€œ[F]ormal criminal and administrative sanctionâ€”public as opposed to private prosecutionâ€”is also an appropriate response to racist speech.â€
Perhaps most surprising, legal precedents that would bring this revolution fully into existence in America are already embedded in two areas of our legal system: antidiscrimination and harassment laws, and Supreme Court rulings favoring sexual liberation that are based on a new view of â€œdignity.â€
If Americans are to resist this growing movement, they must understand the arguments, the demands, and the consequences of outlawing â€œhate speech.â€ No laws of history dictate that America must submit and follow this path.
The debate over â€œhate speechâ€ reveals a fundamental disagreement about the purpose of America. Either it is political liberty, in which case the freedom of speech is essential for presumptively rational citizens to rule themselves politically and to pursue the truth through science, philosophy, or religion. Or it is the equal self-respect and dignity of marginalized and self-created identities, in which case these must not only be publicly affirmed and celebrated, but also shielded from (even well-meaning) scrutiny and criticism, called â€œspeech violenceâ€ or â€œhate speech.â€ These two views cannot coexist. Indeed, restriction advocates admit that Americaâ€™s understanding of speech â€œcomes into tension with the aspiration of equal dignity.â€
They want to eliminate the former to make way for the latter.