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e protect speech that is meant to upset the hearer the american association of university professors committee on academic freedom recently approved a report that warns about trigger warnings as it explains a current threat to academic freedom in the classroom comes from a demand that teachers provide warnings in advance if assigned material contains anything that might trigger difficult emotional responses for students many examples abound where universities enact or propose to enact rules that seek to shield people from life oberlin college announced a policy now tabled that told its faculty to r emove triggering material when it does not contribute directly to the course learning goals consider the novel things fall apart by chinua achebe this 1958 book is widely described as the archetypal modern african novel in english one of the first to receive global critical acclaim it is a staple book in schools throughout africa and is widely read and studied in english speaking countries around the world oberlin however advised that this novel might trigger readers who have experienced racism colonialism religious persecution violence suicide and more that s right students in schools throughout africa reach this novel but oberlin is concerned that it should come with a warning label because students in the united states may have experienced colonialism yet the students living in africa a continent that the west colonized for many decades do not need this trigger warning wellesley college students objected to a sculpture of a man in his underwear because it might be a source of triggering thoughts regarding sexual assault the sculptor wanted to show a man sleepwalking the students insisted that wellesley move it indoors apparently these students do not understand that rapes occur indoors as well as outside the aaup warned that even voluntary use of trigger warnings harms academic learning and the obligation of higher education should challenge students if for example the house of mirth or anna karenina carried a warning about suicide students might overlook the other questions about wealth love deception and existential anxiety that are what those books are actually about trigger warnings thus run the risk of reducing complex literary historical sociological and political insights to a few negative characterizations by calling attention to certain content in a given work trigger warnings also signal an expected response to the content e g dismay distress disapproval and eliminate the element of surprise and spontaneity that can enrich the reading experience and provide critical insight in other words the goal of education is to expose students to new ideas so some distress is inevitable eugene volokh a distinguished law professor at ucla who teaches free speech law offers a useful warning m any faculty members who aren t yet tenured many adjuncts and lecturers who aren t on the tenure ladder many staff members and likely even many students and perhaps even quite a few tenured faculty members as well will get the message that certain viewpoints are best not expressed when you re working for uc whether in the classroom in casual discussions in scholarship in op eds on blogs or elsewhere of course we should all strive to be polite and we should all try to get along there is no need to antagonize people if people tell racist or sexist jokes we do not have to laugh with them or invite them to our homes for dinner yet that is different from trying to impose behavior by rules these universities do not say that they will deny tenure to a professor who violates these rules or guidelines we will have to wait until someone who does not receive tenure files suit the litigant may claim rightly or wrongly that the university was really punishing him or her because they did not follow the guidelines the university says that untenured faculty are expected to feel uncensored and free to express their ideas including ones uc has labeled racist aggressive and hostile professor volokh s reaction really ronald d rotunda is the doy dee henley chair and distinguished professor of jurisprudence chapman university the dale e fowler school of law he is coauthor of six volume treatise on constitutional law substance and procedure 5th ed thomson west st paul minn 2012 2013 and legal ethics the lawyer s deskbook on professional responsibility aba thomson west aba 11th ed 2013 a one volume treatise on legal ethics follow rrotunda on twitter posted in abuse constitutional education issues politics tagged education microaggression leave a comment june 30 2015 by dmbuteau abandoned symbols confederate flags and criminal justiceby joseph margulies original article old confederate flagin the wake of the horrific massacre in charleston leading social conservatives across the country have loudly called for the removal of the confederate battle flag from public display but some people have wondered whether their call however welcome will prove nothing more than an empty gesture a cynical strategy to woo moderate whites to the conservative camp in the 2016 election as is my wont i am more hopeful in ways that have not been adequately appreciated the elite repudiation of the flag in the wake of dylan roof s murderous rampage could be an important step not simply in the debate over slave era symbolism but in the contemporary struggle for criminal justice why do we care about symbols they don t put food on the table money in your pocket or a roof over your head you can t eat a symbol but they are nonetheless as important to our lives as anything we can buy symbols play two equally important roles in american life in the most obvious sense they represent a belief system the constitution for instance symbolizes our belief in and commitment to the rule of law yet symbols also signal our membership in a particular community for many years christians have used the ixthus to signal their faith to fellow believers and many conservative christians now display the symbol in their home or business or affix it their cars this dual role makes symbols vital to both our personal and communal identity they declare what we believe as individuals and confirm our place in a tribe of like minded others we could never survive without symbols and if suddenly they were taken from us we would surely create others to take their place yet symbols are deliberately vague and ambiguous that s part of what makes them so valuable it is important that the constitution as a symbol not be given a single inflexible meaning since that would prevent it from accommodating the shifting demands of the day equality for instance means something very different today from what it meant during the heyday of jim crow in fact historians have shown that its meaning today bears only a distant family resemblance to its meaning at the time of the founding what is true for equality is no less true for many of the other terms and expressions in the constitution as recent historic events in the supreme court have made abundantly clear what we mean by liberty wrote the historian michael kammen has changed and broadened over time ranging from constraints upon authority to improvements in the conditions of social justice of privacy and a growing concern for the protection of personal liberty this process is not only natural but inevitable despite what justice scalia might think as justice felix frankfurter once observed great concepts like due process of law liberty and property were purposely left to gather meaning from experience for they relate to the whole domain of social and economic fact and the statesmen who founded this nation knew too well that only a stagnant society remains unchanged the meaning of symbols is thus perennially a work in progress continually renegotiated in the many spaces occupied by both the individual and the community the private space where the individual reflects on her own beliefs the communal space where the community speaks with its own members and the public space where the community speaks with the wider world in this never ending negotiation we have long understood the prominent role played by the community s elites these are the politicians religious leaders and other public figures that are widely believed by the community itself to be the keepers of the flame the men and women who best represent the ideas and ideals of the belief system and that brings us at last to the confederate flag in the days since the massacre in charleston elite social conservatives have consciously redefined the flag in both its individual and communal sense consider this statement from south carolina state senator paul thurmond the son of arch segregationist strom thurmond i think the time is right and the ground is fertile for us to make progress as a state and to come together and remove the confederate battle flag from prominent statue outside the statehouse and put it in the museum it is time to acknowledge our past atone for our sins and work towards a better future that future must be built on symbols of peace love and unity that future cannot be built on symbols of war hate and divisiveness now we have these hate groups and the symbols that they use to remind african americans that things haven t changed and that they are still viewed as less than equal human beings well let me tell you things have changed overwhelmingly people are not being raised to hate or to believe that they are superior to others based on the color of their skin my generation was raised to respect all people of every race religion and gender at the individual level thurmond declares that the confederate flag cannot be a legitimate representation of the southern socially conservative belief system a true southern conservative he admonishes does not believe in these things but the communal redefinition is even more important pronouncing that things have changed thurmond emphasizes the need to come together as a state and build a future around symbols of unity rather than divisiveness the implication is unmistakable contrary to the long held socially conservative mantra thurmond says the flag does not represent fidelity to an honorable heritage but to a racist violent sinful past in announcing this change thurmond has declared that the voice of the black community which long called for this change is more important than the voice of a significant portion of the white community which had for just as long called to maintain the status quo inclusivity with its explicit appeal to common membership in a broader community that transcends race has trumped the traditional exclusivity of southern white social conservatism this is an extraordinarily potent declaration calling divisive symbols into question demanding anew that they prove themselves worthy of inclusion in the conservative canon and repudiating them if they are found wanting implies a healthy receptivity to profound change and if applied conscientiously a determination to denounce symbols deriving from a racist divisive past would sweep away much of the iconography of modern conservatism in particular we have known for years that much of the architecture of the criminal justice system has been built around precisely such symbols willie horton the welfare queen the crack whore these and other symbols have generated an entire set of divisive law enforcement and prosecution strategies like the war on drugs and zero tolerance policing that have been broadly endorsed by whites but widely deployed against blacks if the denunciation of the confederate flag implies a willingness to revisit these toxic symbols and failed strategies and to heed the voice of the black community then criminal justice reform is truly upon us i may be hopeful but i am not naïve i have no illusions that the repudiation of the confederate battle flag by itself will eliminate racism in this country or make the criminal justice system fair but the combination of message and messenger elite social conservatives siding with an historically marginalized black community over numerically economically and culturally dominant whites to remove a divisive symbol of oppression is an enormously important step that should be encouraged posted in abuse allegiance constitutional education freedoms government history issues law liberty news police state politics rights scotus tagged racial racism tension symbology leave a comment june 28 2015 by dmbuteau scalia slams roberts as biased in obamacare cases original article by joel gehrke june 25 2015 10 46 am joelmentum i n a blistering dissent from the majority in king v burwell this morning supreme court justice antonin scalia said president obama s signature domestic policy achievement should be called scotuscare rather than obamacare in light of how many times chief justice john roberts has intervened to protect the law from a crippling legal defeat scalia argued that roberts rewrote the law twice in 2012 and has now done so a third time in his king decision which allows the irs to continue providing subsidies to people who purchase insurance in the federal government s health care exchange the somersaults of statutory interpretation they have performed penalty means tax further medicaid payments to the state means only incremental medicaid payments to the state established by the state means not established by the state will be cited by litigants endlessly to the confusion of honest jurisprudence scalia wrote in his dissent and the cases will publish forever the discouraging truth that the supreme court of the united states favors some laws over others and is prepared to do whatever it takes to uphold and assist its favorites roberts acknowledged that there was a strong case to be made that the subsidies were only allowed to be provided through state run exchanges but he said the fact that ruling that way would cripple the law demonstrated that congress must not have intended the law to be read that way in petitioners view congress made the viability of the entire affordable care act turn on the ultimate ancillary provision a sub sub sub section of the tax code roberts wrote in the majority opinion which was joined by the four liberals and justice anthony kennedy we doubt that is what congress meant to do roberts quoted scalia s 2012 dissent in the obamacare case against him without the federal subsidies the exchanges would not operate as congress intended and may not operate at all roberts recalled scalia writing so it stands to reason that congress meant for those provisions to apply in every state as well posted in abuse constitutional decision education government issues law politics scotus tagged burwell case king obamacare leave a comment june 23 2015 by dmbuteau how to be a leader http actualized org articles how to be a leader posted in decision education freedoms goals liberty tagged beliefs courage leadership leave a comment 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