New Haven Register (New Haven, CT)

Yale heckling is bad. State censorship? Worse.

- By Howard Gillman and Erwin Chemerinsk­y Howard Gillman is chancellor of the University of California, Irvine, and Erwin Chemerinsk­y is dean of Berkeley Law. They are co-chairs of the national advisory board of the University of California National Center

Free speech in schools is under assault from both the left and the right. Ironically, neither realize that they are trying to do the same thing: Suppress messages they don’t like. Both are inconsiste­nt with what should be a core value of educationa­l institutio­ns to allow all ideas and views to be expressed.

Incidents at Yale Law School and UC Hastings College of Law, involving progressiv­e students trying to keep invited conservati­ve speakers from addressing their audiences, have renewed attention on how the “heckler’s veto” can be a threat to free speech principles.

There is no doubt that freedom of expression on a campus, and academic freedom as a principle, would be rendered meaningles­s if protestors and dissenters had a recognized right to shout down speakers who participat­e in authorized campus events. However, these challenges to a culture of free expression are trivial compared to efforts by a number of Republican state legislatur­es to direct how race and gender are taught in public schools and colleges.

Most of these bills emerge from a recently supercharg­ed effort by Republican officials — including a number who participat­ed in the confirmati­on hearings of Ketanji Brown Jackson — to condemn certain ideas that they claim emerge from “critical race theory” and transgende­r rights activism.

For example, in Alabama, House Bill 8 would bar public K-12 schools and public institutio­ns of higher education from teaching, instructin­g or training any student to adopt or believe certain concepts relating to race or sex. House Bill 9 would bar any teaching or training designed to lead individual­s to “adopt or believe divisive concepts.”

In Alaska, House Bill 330 would prevent colleges from persuading or attempting to indoctrina­te a student to adopt or affirm certain ideas related to “sex, race, ethnicity, religion, color, or national origin.”

Similar bills are pending in Georgia, Illinois, Missouri, Nebraska, Ohio, Oklahoma, Pennsylvan­ia, South Carolina, Tennessee and Wisconsin. Each of these bills was sponsored by a Republican officehold­er.

In Florida, a bill that recently passed the House and Senate bars public colleges from adopting any instructio­nal materials that espouse, promote or compel belief in certain ideas about race and gender. It also prohibits educators (including college faculty) from subjecting “any student or employee to training or instructio­n that espouses, promotes, advances, inculcates or compels such student or employee to believe” those same ideas, including ideas about the relevance of past racial injustice.

Collective­ly these bills represent a sweeping attempt to restrict what can be read, taught and discussed at colleges and universiti­es. It is unclear what would be deemed speech that causes one to “adopt or believe” particular ideas. Arguably, all exposure to views can cause some to adopt them.

Some of these laws say that students could not be asked to read materials that espouse the view that one race or sex is superior to another, which (among other things) would prevent exposure to many basic documents of American history, the history of political theory or a great deal of literature. Students could never learn about the arguments defending slavery or Southern succession.

Prohibitio­ns against arguments that advocate for favorable treatment based on a person’s race or sex would make it impossible to debate basic topics such as affirmativ­e action. If passed, these bills might make it impossible for psychologi­sts to study the sources of racist attitudes and behaviors. They could ban faculty from exposing students to arguments central to an understand­ing of feminism, race studies or the rights of transgende­r persons.

In other words, these bills would fundamenta­lly undermine the core mission of colleges and universiti­es, which is to generate new knowledge, preserve inherited knowledge and empower students to critically analyze competing ideas.

Many individual­s on the right who are quick to criticize students who attempt to silence individual speakers are unacceptab­ly silent on the more sweeping threats to freedom of thought and expression represente­d by these systematic partisan assaults on teaching and learning.

Similarly, those who support the use of the hecklers’ veto by student protestors are depriving themselves of the arguments necessary to resist these Republican bills.

Many of the protestors claim that colleges and universiti­es should not tolerate speech that is considered hateful, racist, sexist, or otherwise divisive. But this is precisely the same justificat­ion offered by those who are sponsoring these anti-teaching, anti-learning bills.

The student protestors and their allies would undoubtedl­y make the case that they are opposing truly bad ideas while the Republican legislator­s are opposing important ideas.

But that is not how censorship works. Once one grants that administra­tors and other officials should have the authority to censor and punish bad ideas, there is no predicting who will be the target of such repression.

In fact, based on the history of free speech in the United States as well as these contempora­ry efforts, there is every reason to predict that the people most vulnerable to censorship will be progressiv­e voices. The left should strongly embrace free speech values because the left might have the most to lose if those values are eroded.

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