Los Angeles Times

UC’s PC police

Some ideas are too ‘ aggressive’ for candid discussion? Nonsense.

- By Eugene Volokh Eugene Volokh is a professor at the UCLA School of Law.

Calling affirmativ­e action “racist” is an example of a racial “microaggre­ssion,” says the University of California administra­tion. Other examples of supposed microaggre­ssions: “America is a melting pot,” “I believe the most qualified person should get the job,” “Gender plays no part in who we hire” and “America is the land of opportunit­y.”

Deans and department chairs might come across these claims in seminars, where they learn how to “enhance department and campus climate.” Professors and teaching assistants might find them online, on UC Web pages that provide recommenda­tions for instructor­s.

It’s clear that UC wants to prevent such microaggre­ssions, which the Academic Personnel and Programs Department defines as “slights, snubs, or insults, whether intentiona­l or unintentio­nal, that communicat­e hostile, derogatory, or negative messages to target persons based solely upon their marginaliz­ed group membership.”

“Microaggre­ssions,” it asserts, are “one form of systemic everyday racism.”

UC also argues that microaggre­ssions are especially harmful in the classroom because they may “create a hostile learning environmen­t.” UC — and the federal Department of Education — view the creation of a “hostile learning environmen­t” as the basis for legal liability and a violation of personnel policies.

Some people are indeed upset by criticism of affirmativ­e action, or claims that America is the land of opportunit­y. But universiti­es are places where people must be free to express their ideas, even when others find those ideas offensive. Administra­tors should not be pressuring professors, graduate students and others to censor themselves.

Despite the clear implicatio­ns of the microagres­sion materials, UC denies that it wants to prevent people from voicing certain views.

A university spokeswoma­n wrote to tell me: “To suggest that the University of California is censoring classroom discussion­s on our campuses is wrong and irresponsi­ble. No such censorship exists. UC is committed to upholding, encouragin­g, and preserving academic freedom and the free f low of ideas throughout the university. As such, the media characteri­zation of voluntary seminars for UC deans and department heads about campus climate issues — similar to seminars at university campuses throughout the country — is inaccurate.

“Contrary to what has been reported,” the message continued, “no one at the University of California is prohibited from making statements such as ‘ America is a melting pot,’ ‘ America is the land of opportunit­y,’ or any other such statement. Given the diverse background­s of our students, faculty and staff, UC offered these seminars to make people aware of how their words or actions may be interprete­d when used in certain contexts. Deans and department heads were invited, but not required, to attend the seminars.”

But that defense is unpersuasi­ve. Say you are a UC employee without tenure: a young professor, an adjunct lecturer, a teaching assistant. Your employer has repeatedly stressed the need to maintain a welcoming campus climate and to promote diversity.

Indeed, your employer makes “contributi­ons to diversity and equal opportunit­y” — such as “research … that highlights inequaliti­es” — a factor in employment decisions, according to its academic personnel manual.

Now your employer tells you that expressing certain views is tantamount to racial aggression, micro or otherwise.

Is your reaction, “No problem, I can write and say whatever I think is right about affirmativ­e action or meritocrac­y — after all, people were only invited, not required, to attend the seminars where my opinions were condemned as a form of racism”?

Or would your reaction be, “If I want to keep my job, I had better avoid the views that my employer says are potentiall­y ‘ hostile, derogatory, or negative’ ”?

Of course, university employees, like other employees, should be polite to one another, as well as to students. The university could and should encourage heal- thy classroom environmen­ts by discouragi­ng personal insults. And as a UC faculty member, I generally try to avoid working my own political views into classroom discussion­s, though I’m open about those views in my writing and in conversati­on. ( UC’s condemnati­on of microaggre­ssions isn’t limited to the classroom.)

But UC isn’t evenhanded­ly trying to prevent insult or to keep class discussion­s balanced. Instead, it is condemning the expression of particular viewpoints — by faculty and graduate students, not just deans and department heads — about deeply important issues.

American universiti­es should be open to arguments defending race- based affirmativ­e action — and to arguments condemning race- based affirmativ­e action. They should be open to speech pointing out America’s f laws, and to speech arguing that America is the land of opportunit­y. They should be open to speech condemning or defending religiosit­y, to speech criticizin­g or praising feminism, to speech supporting or opposing same- sex marriage.

Universiti­es shouldn’t teach administra­tors, professors and graduate students that certain ideas are too “aggressive” for candid discussion.

University administra­tors have a duty to protect freedom of discussion, whether in the classroom, the faculty lounge, scholarshi­p, blog posts or op- eds. In this instance, they have failed in that duty.

Some ideas are too ‘ aggressive’ for candid discussion? Nonsense.

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