Tuesday, December 12, 2023

Right Deed, Wrong Reason

 From City Journal:

Liz Magill was forced to resign Saturday as president of the University of Pennsylvania—by all indications because, at a congressional hearing, she could not bring herself to declare that calls for the genocide of Jews are punishable speech. She would more justly have lost her job for being a bald-faced hypocrite when it comes to campus free expression. The future of higher education depends on which of these motives governs such decisions in the future.

Magill was part of a triumvirate of college presidents who testified before a House committee last week. Magill, Harvard president Claudine Gay, and MIT president Sally Kornbluth had been called to discuss the anti-Israel hatred embroiling their universities since the October 7 terror attacks on Israel. To call their performance robotic would insult robots. When asked a repeated question after their first evasion did not satisfy the questioner, these intellectual role models repeated their first evasion verbatim, maybe adding a cryptic non sequitur.

Congressman Jim Banks (R., Indiana) grilled Magill, for example, about a conference on Palestinian culture that the University of Pennsylvania had hosted two weeks before the Hamas terror attacks. Critics had demanded that Penn cancel the conference, due to the presence of alleged anti-Semites among its speakers. Penn allowed the gathering to continue, however, citing academic freedom.

Banks focused on invitee Roger Waters, founder of the rock group Pink Floyd and a vocal proponent of the Boycott, Divest, and Sanction (BDS) movement: “Why in the world would you host someone like that on your college campus to speak?” he asked.

Magill: “I appreciate the opportunity to discuss this. Antisemitism has no place at Penn.”

Banks: “Why did you invite Roger Waters? What did you think you would get out of him?”

Magill: “Antisemitism has no place at Penn, and our free speech policies are guided by the United States Constitution.”

It was on the question of condoning the “genocide of Jews” that the presidents were not only robotic but breathtakingly duplicitous.

Congressman Elise Stefanik (R., New York) parlayed this line of interrogation into national fame. Stefanik to Harvard president Claudine Gay: “Can you not say here that [calling for the genocide of Jews] is against the code of conduct at Harvard?”

Gay: “We embrace a commitment to free expression, even of views that are objectionable, offensive, hateful. It’s when that speech crosses into conduct that violates our policies against bullying, harassment.”

Stefanik: “Is that speech according to the code of conduct or not?”

Gay: “We embrace a commitment to free expression and give a wide berth to free expression, even of views that are objectionable.”

The other two presidents took the same substantive position: whether speech constitutes actionable conduct depends on the context, including whether it is targeted at specific individuals.

Stefanik to Magill: “I am asking, specifically calling for the genocide of Jews, does that constitute bullying or harassment,”

Magill: “If it is directed and severe or pervasive, it is harassment.”

Stefanik: “So, the answer is yes.”

Magill: “It is a context-dependent decision, Congresswoman.”

Stefanik’s questioning was relentless, but was it fair? As MIT president Kornbluth noted plaintively, she was unaware of anyone at MIT calling for the genocide of Jews. Stefanik was extrapolating from the ubiquitous student chants of “intifada” to explicit calls for Jewish genocide, but the former expression is more ambiguous, especially in the mouths of ignorant American students.

Nevertheless, Stefanik’s interrogations went viral. “American college presidents tongue tied regarding the genocide of Jews!” was the common takeaway, even among liberal defenders of academia, such as Harvard law professor Laurence Tribe. (Read more.)
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