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Adam Goldstein

Adam Goldstein

Posted: April 2, 2010 07:13 AM

Outrage Is Wasted on the Outrageous

What's Your Reaction:

People who can't think of anything better to do with their outrage than interfere with the speech rights of others probably aren't that educable to begin with and don't belong in institutions of higher learning. They should leave the colleges and take up a trade -- hopefully, one that isn't too taxing, lest they decide it outrages them and they have to steal all the paper cups from the water cooler.

What is this about, you ask? It's about a couple of topics I didn't want to talk about when they happened, and I don't really want to talk about now. And it's about outrage, and what you do with it.

Canadian

For example, I didn't really want to weigh in on Ann Coulter's aborted visit to the University of Ontario. In my view, Coulter is sort of a political version of Monty Python: either you get the joke, you don't get the joke, or you simultaneously get the joke but don't find it funny. But arguing over the things Ann Coulter says is about as productive as arguing over whether a dead parrot is really dead.

But since some people are still outraged, here's what you should be doing with that feeling: lobbying for change in Canada's human rights laws, to the extent those laws have been interpreted to permit censorship of ideas. The Canadian Charter of Rights and Freedoms guarantees freedom of expression "subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."

One of those supposedly reasonable limits is the Canadian Human Rights Act, which prohibits, among other things, employment discrimination, discrimination in public accommodations, and the communication of "any matter that is likely to expose a person or persons to hatred or contempt" due to someone's membership in a protected class.

It's an exception that swallows the rule, and one which many Canadians are fully aware is at odds with a free society.

So, outraged Canadians, our societies are mutually evolving and have much to learn from each other. Here's one for you: you have nothing to fear from Ann Coulter. We've let her talk for a long, long time, and somehow, the sun still rises, crops still grow, and our milk still comes in containers that retain a shape like any half-sensible liquid container should. (Wait, what?)

Furthermore, on behalf of sentient people everywhere, you underestimate your citizens if you believe that Canadians will be indoctrinated into bigoted viewpoints merely because they hear them--or that silencing those Canadians who harbor such views will be more constructive than confronting them with new ideas.

American

The other situation I didn't want to weigh in on was the one involving Alex Knepper, a columnist for American University's student paper, the Eagle. Knepper wrote a column that managed to be both rabid in its anti-feminist tone and utterly casual in discussing sexual assault. In essence, the column suggests that that consent to get drunk at a frat party and leave with a fellow attendee is consent to sexual activity. (In the interest of full disclosure, I know an editor at the paper, though we haven't spoken about this topic.)

The campus is, of course, outraged. And segments of the campus expressed that outrage by dumping the newspapers outside the Eagle's office in a heap, with the outraged sign: "No room for rape apologists." Evidently, no room for the dozens of other students who had work in the newspaper, either, even though they didn't do anything. The room previously set aside for the Eagle is, evidently, now occupied by stacks of outrage.

So what's come of it? So far, after a number of meetings on the campus and proposals to reform, it seems like this what the outrage has accomplished: everyone (except one loudmouth with a column) agrees date rape exists and is bad and we really, really, really need to prevent it.

This seems like something of a meager accomplishment, considering everybody agreed on that before the outrage, except one loudmouth with a column. And it's far from clear he ever believed what he said. And it's even less clear that you've convinced him otherwise. But perhaps, when you went out to take a bunch of campus property and throw it in a heap, you were acting out of outrage and not, say, a desire to do anything actually constructive?

Even if you manage to turn this temper tantrum around into something constructive--even if you prove that you are the future leaders of this country and that you possess all the creative, progressive energy a college student should--wouldn't the spark that triggered that great accomplishment still be... Alex Knepper?

And if that's true, isn't it possible that the lessons you're supposed to be learning from college include how to respond constructively to ideas that are repugnant and hateful? Perhaps with something more than petty vandalism? Perhaps even with reason, logic, and improved ways of thinking that can help people with limited horizons learn that the horizon is an imaginary line that moves when we move our perspective?

In fact--isn't it possible that we can hear someone's ideas and respond to those ideas with our own ideas, in some kind of, oh, I don't know, "marketplace of ideas," which the classroom is particularly supposed to be?

Or, to borrow words from Thomas Jefferson, shouldn't a college experience be "based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it[?]"

Showing your outrage to Coulter or Knepper won't convince them that they're wrong. Outrage is wasted on the outrageous. Invest that effort in being right and in defending the rightness of your ideas without trying to silence dissenters.

 

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07:39 PM on 04/09/2010
Totally disagree. The Provost wrote a very diplomatic ltr - there were 200 student protestors and not 2,000. Ms. Coulter chose not to speak. Obviously, Ms. Coulter was paid anyway.

Free speech is not hate speech. Perhaps if there were provisions in your world there would be a young girl in Mass. that would be alive today and she would NOT have committed suicide because she was being bullied by 13 schoolgirls. The school did nothing - too bad the parents had no other recourse. The mother of one of the "militiamen" said that her son was influenced by the likes of Beck, Hannity, etc... (Coulter could certainly be included in this group.) When I saw the video of Ms. Coulter telling the 17 year old Muslim student at the Univ of Western Ontario to "take a camel", I cringed.... Respect for adversity? I don't think so.

Your country seems to be quite dysfunctional at this point in time - filled with "hate".... everywhere. Why? Hate begets hate.... there is no respect..... Your first amendment seems to be one that Americans hide behind as an excuse to act/show/speak WITHOUT respect to others.... (congressmen, guns going off everywhere...).

I'm sure you know nothing about my country, it's people, present Governmetn, Parliamentary System or it's history. Do you? But, what a great topic to get on that soapbox about.

This is a law that is used very rarely. It is there to protect and maintain a decent, respecful society.
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HUFFPOST BLOGGER
Adam Goldstein
Attorney, Student Press Law Center
07:04 PM on 04/16/2010
"Free speech is not hate speech." And of course, the government decides what's hate speech. So free speech is anything to which you don't object.

Funny, that's the same kind of "free speech" you can get in Iran or North Korea. Is that your point?

And it's pretty sad to compare a bullying suicide to Ann Coulter. Is Canada supposed to be a 13-year-old girl that Ann Coulter is bullying or something? Talk about apples and oranges.
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HUFFPOST BLOGGER
Greg Lukianoff
Advocate for student & faculty rights
04:29 PM on 04/18/2010
Keep at it Adam. Joseelr's response just makes me sad. It's like people forgot that you still have to put PEOPLE in charge of deciding which ideas should be banned and which shouldn't. I think he would understand the point if, say, Bill Maher was brought up on charges for blasphemy or Keith Olberman for hate speech in a regime where the politics were reversed. The current fad in censorship sweeping the globe is so reminiscent of so many before it: an emotional appeal to shutting down "that which we all simply know is wrong." There as a time when heliocentrism met this definition as did race equality. Free speech is the best defense of a genuinely diverse and multicultural society even if (and sometimes precisely because) feeling get hurt.
07:24 PM on 04/09/2010
Totally disagree. The Provost wrote a very diplomatic ltr - there were 200 student protestors and not 2,000. Ms. Coulter chose not to speak. Obviously, Ms. Coulter was paid anyway.

Free speech is not hate speech. Perhaps if there were provisions in your world for
01:51 AM on 04/03/2010
As a student at AU, the reason I'm upset about Knepper's article is not because he wrote it (I do disagree with his argument), but that he got so much attention from it. Bloggers jumped on it, then local news, and CBS showcased it yesterday. Although I cannot blame Knepper for getting so much attention, I can blame him for intentionally disrupting the waters and pushing his boundaries at the expense of the university's reputation. Ok, perhaps this thing will blow over in a few weeks and nobody will care anymore, but I'd like to point out one more thing: It's decision season. Students are out picking colleges, and in this economic climate, especially among universities, the incoming class matters. Now when you look up American University, date rape pops up. What parent would want their children to go to a school that condones date rape?
11:57 AM on 04/02/2010
As an AU student, I'm kind of frustrated with the tone of this article. I perceive it as 'I'm a lawyer and you're a bunch of foolish college students, and I'm going to tell you why you're foolish," which isn't a great way to start a conversation – but probably a good way to make your readership feel superior to those younger than them.

It also focuses on the actions of two independent students and characterizes it as the response of the entire campus community, which is inaccurate. There was a coordinated response of letters to the editor, discussions and awareness-raising online, petition circulation, and preparation for other actions (which later became unnecessary). I know from my own experience that there were also discussions in a number of classes early in the week. The university's Women's Initiative is also accelerating their Campus Campaign for Consent for the rest of the semester, and strongly advertising our upcoming Take Back the Night.

The goal was never to change Alex Knepper's mind –he's not only firmly entrenched in the far right, but derives some kind of sick pleasure from insulting people until they are furious with him. The targets were the male students throughout campus who we overheard throughout the week agreeing with Knepper's assertion that if an intoxicated girl walks back to their room with them, she wants to have sex. Nobody cares what Alex thinks; it's the movable middle that we're clarifying the definitions of rape and consent for.
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Adam Goldstein
Attorney, Student Press Law Center
01:03 PM on 04/02/2010
Thanks for the well-thought-out comments! For what it's worth, if I didn't have a healthy respect for the intelligence of college students, I wouldn't bother trying to convince the subsection that lashes out in anger to slow down and take a breath. And misdirected outrage isn't a particularly student-generated thing by any means--it's just that, in the AU situation, it happens to be.

Was it only two students who did the collecting? That's good to know--still, I don't think that was genuinely the only problem with the response. Looking through the comments on the letters from the editors page, a pretty sizable chunk of them are trying to cobble together some rationale as to why the editors should be removed, or the speech isn't protected by the First Amendment, or the slightly surreal argument that this is hate speech. http://www.theeagleonline.com/opinion/story/letters-from-the-editors/

Of course, an equally sizable chunk are coming from the perspective you've described, too, which I didn't give enough credit in the original post. It's like the old joke about the arsonist--"everybody talks about the two buildings I burned down, nobody talks about the ten buildings I didn't burn down." I might've talked too much about the small number students acting in ways contrary to the American way of life and not enough about the majority who are, indeed, acting constructively to benefit the community, and I'm sorry for that.
04:40 PM on 04/02/2010
Thanks for the response. I think the majority of students recognize (at least now) that the editors will not "be removed" because there's nobody to remove them – they're an independent publication, so the university has no say in their hiring or continued service. I also think that that has been toned down since their acknowledgment (supported by outside journalism scholars) that the article crossed the line. The official demands from the group meeting Monday night were met, so the focus at this point is largely on continued education and advocacy regarding the content and trying to avoid allowing "Students for Liberty" to make Knepper into some kind of martyr for free speech.

Speaking of accomplishments – you only highlighted the new sexual assault policy, which was in the works anyway (although few knew about it), but the Eagle is also revising and solidifying its editorial guidelines to make sure that future editors know they have editorial control and that the paper will not publish content that is more inflammatory than constructive (or something to that effect) in the future.
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HUFFPOST COMMUNITY MODERATOR
Mensch99
08:39 AM on 04/02/2010
You say: “Showing your outrage to Coulter or Knepper won't convince them that they're wrong.â€
Right.
You say: â€Outrage is wasted on the outrageous. Invest that effort in being right and in defending the rightness of your ideas without trying to silence dissenters.â€
Wrong.
As a Young-dumb Republican and university freshman, the outrage at the Vietnam War and protests against everything from ROTC to pro-war speakers was not wasted on me. I started to think- a lot.
The hate-speech of people like Coulter should be challenged and I applaud the Canadian students.
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Adam Goldstein
Attorney, Student Press Law Center
01:34 PM on 04/02/2010
The protests worked because you heard them--if the protesters had been driven off campus, or never allowed to arrive in the first place, would that have been okay with you?

If not--are you still sure chasing Ann Coulter away is the real legacy the protesters of the Vietnam War intended?