Tufts luck
I'm borrowing the heading from NRO's Phi Beta Cons, but want to direct readers to Eugene Volokh's summary regarding the new anti-blasphemy rules, protecting the sensibilities of Muslims at Tufts University. Professor Volokh comments:
Lovely: Harsh criticism of Islam doesn't — in the Committee's view — "promot[e] political or social discourse." Rather, it is an "unreasonable attack[]" (and it's up to the Committee to decide which attacks on religions are reasonable and which aren't).The good folks of FIRE call it "tyranny at Tufts."What's more, this "unreasonable" speech violates the "rights of other members of the community." What are those rights? Apparently the right "to exist on campus without being subjected to unreasonable attacks based on their race or religion" (including attacks on the religion generally, even those that don't give any student names in particular). And apparently the right to be free of "attitudes or opinions that are expressed verbally or in writing" that "create[] a hostile environment" for students "on the basis of race, religion, gender identity/expression, ethnic or national origin, gender, sexual orientation, disability, age, or genetics."
In this case, the punishment for the speech is a ban on one newspaper's ability to publish anonymous speech — while other newspapers that express favored views remain free to shield their contributors from social ostracism and other retaliation through anonymity. It requests "that student governance consider the behavior of student groups," which is to say the viewpoints those groups express, "in future decisions concerning recognition and funding."
But more importantly, the ruling finds that the speech violated general campus rules that make such speech "unacceptable at Tufts" and require "prompt and decisive action." Though it looks like no individual students are being disciplined in this instance, if the Tufts Administration accepts the ruling, it will send a clear message that students who express "attitudes or opinions" like this will be seen as violating campus anti-harassment rules, and will be subjected to "prompt and decisive action," which campus rules say may involve "the disciplinary process," against individual students as well as against organizations. After this decision, what should Tufts students feel free to say in criticizing religions, or in criticizing affirmative action?
Welcome to the new freedom of speech at the new university. No, the [Tufts University] Committee [on Student Life]'s actions don't violate the First Amendment, since Tufts is a private university. But they violate basic principles of academic freedom and public debate on university campuses, especially when the top university administrators claim to "fully recognize freedom of speech on campus." Appalling.
