Search News


Browse Archives

News

First Amendment Lessons

September 19, 2005

Share This Story

FREE Daily News Alerts

Advertisement

Congress ordered colleges to plan activities this year to observe Constitution Day, which was Saturday. Several colleges have also offered their own lessons about freedom of expression in the last week. The chancellor of the University of Wisconsin at Green Bay ordered a controversial piece of art removed from an exhibit; St. Lawrence University dropped a lawsuit against an anonymous Web site; and Baylor University barred the campus Starbucks from using coffee cups with a quote that the university feared was pro-gay.

An Exhibit Under Fire

The exhibit "Axis of Evil: The Secret History of Sin" is creating quite a stir this year on campuses. When it opened in April at Columbia College Chicago, Secret Service agents came to ask questions about a work entitled "Patriot Act," which depicts a series of fake stamps showing President Bush with a revolver pointed toward his head. Columbia officials were offended that the Secret Service appeared to be taking an interest in art criticism, and the college defended the exhibit.

When the exhibit opened at the University of Wisconsin at Green Bay last week, "Patriot Act" was not there -- the chancellor had ordered it removed from the show, prompting complaints from faculty members and a protest by students.

Bruce Shepard, the chancellor, sent an e-mail message to students and faculty members explaining his decision. While he has heard the piece described as "only art," Shepard said that such an attitude neglects "the important role of art in shaping our culture, forming our beliefs, and directing our actions. Art matters. Precisely for that reason and having come of age during a period in our history when political assassinations came in all too rapid succession, the advocacy of assassination is something I view as neither abstract nor theoretical....  [T]he one piece of concern very reasonably can be seen as expressing advocacy of assassination."

He went on to say that he wasn't upset about the piece being "too provocative," and that he thought other pieces in the exhibit were more provocative. "It is a question of whether this campus will use publicly provided resources for what, very reasonably and by many, will be construed as advocacy of a most violent and unlawful act."

In an e-mail response to questions about his decision, Shepard said that he made the decision only after "sleepless nights," and that it was appropriate for a chancellor to be involved in making the decision, not just curators or professors. He noted that a university gallery is not just used for courses, but is open to the public and in fact encouraged the public to view its exhibits. He would never bar a student from putting up the artwork in his or her dorm room, he said, but an exhibit carries the reputation of the university with it. And in considering the public perspective, he said, "the gallery director and the art faculty are not the experts and it is the responsibility, in the end, for the chancellor."

While acknowledging differences between the arts and athletics, Shepard offered the following analogy to defend his involvement: When he was just starting his academic career, he worked at a university with a top wresting team. The team's coach wanted to take his team to a competition in South Africa during a time that many academic groups were boycotting that country's apartheid policies.

The coach said it was an athletic matter, not a political one, so his views should be the ones that count. "The president allowed this," Shepard said. "To my way of thinking, the president failed to exercise his responsibility for considering the overall reputation of the university. Yes, the coach may be right on athletic ground. But, the president had broader grounds to consider. He had not only the right, but the responsibility, to consider those broader grounds."

Thus far, the chancellor's arguments are not swaying students or faculty members. A group of 30 students organized a protest in which they all wore T-shirts with the image of the artwork the chancellor had removed and stood silently outside the gallery where it was to have been shown. "It is the right of any artist in a public institution to not be censored," said Erica Millspaugh, one of the students who organized the protest. "Every day in school we are working to make art that expresses our feelings and desires, and our professors never censor us. They encourage us to think and act boldly." The chancellor's decision not only hurt "Patriot Act," she said, but was "an attack on us all."

Professors of art at Green Bay have sent a letter around campus criticizing the chancellor's decision. In their letter, the professors say that the chancellor "missed a valuable opportunity to educate our donors as well as our student body about the role of visual art in a liberal arts education and its representation of diverse viewpoints and opinions."

Noting that they were not consulted on the decision, the professors said that "if the artwork under discussion 'crossed a line,' it is our belief that an open discussion of the criteria for such a judgment was in order."

Watchdog Web Site

Administrators at St. Lawrence University have found themselves mocked -- and some of their internal memos leaked -- at Take Back Our Campus, an anonymous blog. The student critics who created the blog rail on administrators for not adequately supporting low-income students, for paying themselves excessive salaries, and for going to federal court to try to find out who is behind the blog.

St. Lawrence officials have previously said that they weren't trying to unmask the blog authors because of the criticism of administrators, but because some of the criticism hurt other students. Last week, however, St. Lawrence announced that it was withdrawing its suit.

A  brief e-mail from Daniel F. Sullivan, St. Lawrence's president, to students and faculty members said that "we made the decision after several months' consideration, during which time the harassment of students had ceased." A spokeswoman for St. Lawrence said that the short e-mail message was the only comment the university planned to make.

Take Back Our Campus estimates that the university spent at least $15,000 trying to figure out who was behind the site. One of the site authors recently wrote on the site that he would reveal himself to Sullivan if the president would add $30,000 to the university's budget for programs for disadvantaged students "who don't have credit cards from their Westchester and Connecticut mommies and daddies."

That author, responding to questions via e-mail, said he was "very, very unsurprised" that the university was dropping the suit. He said that many people are afraid to criticize the St. Lawrence administration, but that he had recruited a small group of people to help on the site, and to take over when he moves on. He said he couldn't say whether the university has responded to the criticisms he has raised. But he added that "transparency and accountability for those in power is a good thing and worth fighting for."

Coffee Cups

At Baylor University, administrators no longer need to fear the influence of Armistead Maupin on coffee drinkers. Baylor's student newspaper, The Lariat, reported that officials asked the campus outlet of Starbucks to remove a line of coffee cups featuring a quote from Maupin, an author best known for his Tales of the City series about gay life in San Francisco.

Starbucks has been using coffee cups with quotes from a variety of authors (from a range of political perspectives) as part of its "The Way I See It" campaign, which is based on the idea that people talk about ideas in coffeehouses.

Concerned Women for America and other conservative groups have criticized Starbucks for including the Maupin quote, which reads: "My only regret about being gay is that I repressed it for so long. I surrendered my youth to the people I feared when I could have been out there loving someone. Don't make that mistake yourself. Life's too damn short."

Since The Lariat article appeared, Baylor officials have stopped commenting on their order to Starbucks, but Linda Ricks, marketing program manager of Baylor Dining Services, said that Starbucks was asked to removed the cups out of respect for "Baylor culture." Ricks added, "There are different view points on the Baylor campus," Ricks said. "We pulled the cup to be sensitive to view points."

See all postings »
Advertisement
Advertisement

Comments on First Amendment Lessons

  • Coffee Cups at Baylor
  • Posted by Ken Sherrill on September 19, 2005 at 6:37am EDT
  • I wonder if Baylor also has purged Maupin's books from the library. Banning paper cups because of literary quotations on them must be the hallmark of a university devoid of a commitment to serious investigation of ideas.

  • Posted by Sue on September 19, 2005 at 7:42am EDT
  • Chancellor Bruce Shephard at UW-Green Bay--someone with Courage, Commitment, and Discernment! thank YOU.

  • "Art" in Chicago
  • Posted by Cindy , newspaper editor on September 19, 2005 at 8:06am EDT
  • Every time tasteless creations like this appear, the fire rages the second somebody official tries to censor it. But is it really censorship in the true sense of the word--actually, the school had to "censor" something else OUT in order to CHOOSE this particular exhibit, as do libraries. Unless you can show everything there is to show, you're always censoring something. So, back to the "art" exhibit. Whether it's a crucifix upside down in a jar of urine or feces on a canvas or fake pictures of someone with a gun to their head, it's NOT art. It might freedom of speech, but art it's not--if you look back you'll see Andy
    Warhol already did most of this sensational stuff (and everybody knows he was zoned out on drugs when he did it). My personal protest is not to give this garbage validation, meaning I refuse to pay homage to this type of creation by visiting it. Besides, would you call it "art" if the person with the gun to their head were a student on campus, maybe your newspaper editor or the chancellor or an unpopular professor? NOPE! Enough said.

  • "LEADERSHIP" AT UW-GB
  • Posted by Dr. RingDing on September 19, 2005 at 9:06am EDT
  • To Bruce Shepard:

    Thank you for retaining the decision-making authority to protect me from harmful images that I may disagree with. With your "Courage, Commitment, and Discernment," I'm sure there's a well-paid position for you in the Bush administration. Qualifications not necessary.

  • Posted by Larry on September 19, 2005 at 9:07am EDT
  • First of all, let me commend IHE for showing people that the hand of “censorship” seems to be attached to both the right and left arms.

    The Starbucks cups expressed an idea. Sure it was a pithy quote, but so are most political slogans. I serious wonder what sort of “lifestyle” Baylor thinks that their students have. Most people I know that went to Baylor were extremely sexually-active drunks. (But maybe tht is just the people that hang out with me.)

    Cindy, I am curious to know exactly what your definition of “art” entails. Certainly these things send a message. Indeed, the fact that people are getting angry about it seems to prove that it is quote good at sending some message. Quite frankly, a lot of things on display at the MET are “tasteless” to me, but “taste” is not the test for determining whether something is protected by the First Amendment or a private school should consider it in the realm of ideas. But, if you could provide us with a definition of art, I would be quite interested to hear it.

    Finally, as a legal matter, while all public institutions have some discretion in terms of installing art works, this discretion usually must be exercised in terms of aesthetic sensibility (or whatever apolitical criteria they state). If anyone wants the cites on this, I can provide them.

  • Irony, thy Name is Millspaugh
  • Posted by Stu Gittelman on September 19, 2005 at 10:52am EDT
  • I can't even begin to describe how rich the irony is to read of someone complaining of censorship while wearing the very image she claims is being censored by the government. Quick, someone check to see if Ms. Millspaugh has been sent off to Gitmo overnight! If not, please enroll her in English 101 this semester.

    Baylor is a private-relgiously affiliated institution. It has free-speech rights too.
    At the end of the day, though, instances like these are the Left's campus speech codes coming back to bite them on their rear-ends. Academia has been fatuously been eroding freedom of expression in deference to some right not to be offended.

    InsideHigherEd would probably never generate an article about a campus which removed coffee cups bearing quotations from someone who had, in unrelated matters, made vaguely "pro-white" comments. If that doesn't upset you, then you're on shaky ground to get worked up about this.

  • Posted by Larry on September 19, 2005 at 11:36am EDT
  • Actually, Stu, until recently I was of the mind that IHE would only generate stories about people that had t-shirts with “vaguely pro-white” saying on them that had been punished somehow. However, IHE has been refreshingly even-handed in its accounts of censorship.

  • It ain't balanced
  • Posted by normalvision , Prof. of English (Ret.) on September 19, 2005 at 1:40pm EDT
  • Right wingers have leapt upon the fatuities of institutional speech codes and such, trying to picture liberals as the archenemies of the First Amendment. In reality, the history of attempts to suppress the publication, depiction, and presentation of ideas is overwhelmingly a history of attempts by right-wingers, conservatives, alleged community-values minders, commercial and business interests, supposed-patriotic flag-wavers, entrenched political interests, and religious forces to stifle dissenting views.
    I think one simple test will give instant proof: check out the list of books that our public libraries are regularly asked to remove and who's doing the asking.

  • Posted by nonplussed , Oh Baylor! at big city U on September 19, 2005 at 2:27pm EDT
  • No one ever converted to homosexuality because a coffee cup made it sound okay.

    I am not surprised by Baylor's actions, but I think it says a lot about the Christian right, that they believe their students' and faculty members' moral systems are so easily corrupted that they cannot be in the presence of a quotation from Armistad Maupin.

    I would have had some respect for Baylor admin if they'd allowed the coffee cups to remain. If Baylor Starbucks consumers felt so strongly as to individually refuse the offensive cups, upon being handed one, that's their prerogative. Starbucks could maintain a stack of the cups with quotes by others. And you could be asked when you paid for your cappucino: "Whipped cream? Ice? Homophobic?"

  • Posted by Cicero , Assistant Professor of English on September 19, 2005 at 2:28pm EDT
  • It always stuns me how few people actually grasp the meaning of the word “censorship.” It would be “censorship” if Baylor (using some imaginary authority it does not have) were to somehow prevent Maupin from saying whatever he wants to say, from writing, from publishing, etc. To simply decide not to participate in the dissemination of his ideas is not anything close to “censorship” and hasn’t a dang thing to do with the first amendment. Surely institutions such as art galleries and universities have the right to decide what messages they wish to support. Surely in this free country, an institution can’t be forced to help disseminate ideas with which it is not in agreement. That is the first amendment. No, the only case of censorship here is the one involving the website. The other two are just instances of judgment calls with which many academics would not agree. I am troubled by the tendency to evoke “censorship” anytime one’s viewpoints are contradicted. You have a right to say whatever you want; you do not have a right to anybody else’s forced assistance in saying it. To call that “censorship” is either incredibly sloppy thinking or just plain dishonest.

  • One can censor and not violate the first amendment
  • Posted by Larry on September 19, 2005 at 4:16pm EDT
  • Ciero, Censorship can extend to not just preventing people from saying things in private, but also to 1) preventing printed or oral expressions; or 2) limiting the ability of others to hear, see, or read such expressions.

    True, Baylor isn’t bound by the First Amendment, but that doesn’t mean it isn’t “censoring” something. It just means that its censorship is not unconstitutional. Indeed, when I refuse to let Mormons and Jehovas Witnesses into my house, I am “censoring” them, but what I am doing is not unconstitutional.

    Whether institutions possess first amendment rights in the same manner that individuals do is a very complicated question. In general, the answer is “yes,” but, there are some exceptions which probably are not relevant here.

    While you may be “troubled” by the tendency to invoke the word “censorship” when someone’s views are 1) contradicted; or 2) in this case prevented from being expressed in a certain forum it is censorship. True, it didn’t violate the first amendment, but it did reduce the amount of ideas available to people that come into contact with coffee cups because someone decided that those ideas were just not worth expressing.

    There is nothing “sloppy” about this. There is nothing dishonest about it either.

    What is troubling, as the above posted alludes to, is that Baylor thinks that its students are so fragile that they will become enthralled with the coffee cups and reject all other ideas because the words printed on the coffee cup are so strong that they cannot be counteracted with other expressions. Therefore, according to Baylor, the only way to tell Baylor students that the thoughts on the cup are just not worth thinking is to prevent Starbucks from even expressing those words.

  • Balance
  • Posted by Stu Gittelman on September 19, 2005 at 4:16pm EDT
  • Larry wrote: "I was of the mind that IHE would only generate stories about people that had t-shirts with “vaguely pro-white” saying on them that had been punished somehow."

    I don't share this assessment but if it is true, then perhaps this is because the suppression of non-conforming "conservative" views on campus is so utterly routine and is not considered newsworthy.

    Regarding "normalvision's" contention that censorship is historically a right-wing phenomenon, I'm sure people at internet cafes in China right now will be comforted to hear that. Perhaps, however, he meant in the United States. In which case, my response would be 1) Thank heaven we've never had a truly leftist government and 2) if we're going to start looking at banned books, we should be certain to examine the growning trend of suppressing books like Huck Finn (for containing the N-word), the Bible and the general dimunition of almost anything associated with dead-white-males.

    Neither side has a monopoloy on censorship and political suppression. To assert otherwise is just nutty.

  • "Censorship"
  • Posted by Cicero on September 19, 2005 at 5:03pm EDT
  • Larry,

    Your broadening of the word “censorship” renders it practically useless. I could call anything with wings a “duck,” but that makes the term rather less useful than it is presently. The term “censorship” surely carries with it the suggestion of governmental power. The Baylor case involves no censorship simply because Baylor in no way prevented Maupin from speaking. They simply declined to aid him in his speech. From Maupin’s viewpoint that’s being unhelpful, but there is a difference between being unhelpful and censoring.

    St. Lawrence’s attempt to use the legal system to silence student dissent is indeed a case of censorship, since they were attempting to evoke governmental power to silence speech.

    Once may think Baylor made a bad choice, or even an anti-intellectual choice (though I think that’s over-reacting), but one cannot meaningfully say that they practiced censorship.

  • Posted by Jack Burbank at Northern Illinois University on September 20, 2005 at 4:36am EDT
  • What are all of these lengthy flaps about commitment, discernment, and First Amendment rights? With apologies to Tina Turner, what's censorship got to do--got to do with it? Administrations fear a backlash from big donors. Economically and politically, the issue is based on private and state funding. Culturally and politically, the issue often swings according to reactionary "values". Regardless, I applaud the protests. Dissent is patriotic, and it makes public the excesses of those who seek dominance on and off campus.

  • Posted by Larry on September 20, 2005 at 12:51pm EDT
  • Cicero, First, if anyone was prevented from expressing an idea it was Starbucks – and the students were preventing from receiving that expression. Secondly, I don’t know where you get the idea that censorship must be by the government. Third, it is worth noting that in this context where Baylor is just about the only landlord in the area, Baylor exercises near-government-like power, so, in a very real manner they are limiting the amount of ideas that Baylor students will be exposed to. Granted, Baylor doesn’t wield the power of the state, but in limiting the ideas that students will be exposed to, they are doing exactly what the First Amendment (according, at least to Reddish, in applying Locke) was seeks to prevent. Because they are not a government entity it is not unconstitutional, but because they are limiting the ideas that people can be exposed to it still is censorship. My guess is that, like students who feel safer when security keeps out the minorities (that are not working for the cleaning companies), Baylor students feel safer when they don’t have to be reminded that not everyone around them in straight.

    Jack may be correct that the donors are what is driving this policy. After all, I wouldn’t want to give my money to a school that allows young people to be exposed to ideas that I like. People under 40 just don’t have the maturity to form their own views, and so they should only be exposed to ideas that have been vetted by me (or a university president that has wooed me.) However, that doesn’t change whether or not it is censorship.

  • Axis of Evil anent Bush picture
  • Posted by Michael McCanles on September 23, 2005 at 11:41am EDT
  • I've seen a newspaper reproduction of the Bush picture which is part of the "Axis of Evil" exhibit. It is the picture of a "postage stamp" with a representation of Pres. Bush from the chest up. Entering from the right side of the picture is a hand holding an automatic handgun, with the barrel pointed at Bush's head.

    All this discussion of "censorship" seems to me beside the point. The Chancellor of U-Wisconsin, Green Bay cites the possibility that exhibiting the picture may be "unlawful." That is indeed a question that must be considered. Not all speech is protected speech. Protection stops where the speech is (interpretable as) directed at inciting a felony. There may, as I recall, even be a specific statute or case law that addresses threats against the President of the U. S.

    Someone should report the people responsible for this exhibit to the F.B.I., and that will lead to a test of whether or not showing a picture of a gun threatening the president is protected speech or not.

  • UW-Green Bay student weighing in...
  • Posted by Ryan on September 23, 2005 at 1:00pm EDT
  • Michael, by your standards, if I made a joke about hitting my significant other "straight to the moon," that would mean I made an illegal remark--it might lead to abuse. However, the fact of the matter is that I would be merely quoting an old TV show in an attempt to be funny. By the same token, the artist who designed the offending Bush stamp wasn't suggesting that we actually assassinate him, but was merely trying to make the point that Bush has been the cause of a lot of troubles, and perhaps if he wasn't around as president that the country would be in better shape.

    Also, going back to a comment on the issue in general; the main reason that Shephard decided to pull that piece of artwork wasn't because he thought the "Universtiy might be considered as endorsing this act," but it was because in Green Bay, a mostly blue-collar town, this would make people think twice about donating money to the University. They don't care about censorship in and of itself, and are smart enough to know that the University doesn't officially endorse every specific piece of art on campus, but would be offended by a picture of someone killing their leader. That would mean less $$ for the University. For good or ill, this was definately a prime reason for Shephard's actiion.

  • UW-Green Bay student weighing in...
  • Posted by Michael McCanles on September 24, 2005 at 2:53pm EDT
  • The various points you make may or may not be true and/or relevant. I addressed the question of the law on the subject, which you ignored. As regards threats, these count as speech, and there is both statutory and case law that deals with the limits where threats or "threats" (i.e., indirect representations of threats, such as the pictorial element in question here) cease to be protected speech and become felonious. If the university is serious about using the word "unlawful," then that is what they will have to be referring to if it is to be taken seriously.