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Slap on the Wrist at Columbia?

March 28, 2007

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The reverberations from October’s fracas involving the disruption of a speech being given at Columbia University by an anti-illegal immigrant activist may gradually be coming to an end -- but not without a little more controversy. On Monday, at least three students charged with violations of the university’s rules of conduct were notified that decisions had been handed down. So far, the disciplinary actions are as lenient as university rules allow, bringing a range of reactions.

The students who came forward Monday with their decision letters all were found to have had “simple” violations, which one characterized as “a slap on the wrist.” All three were found to have disrupted the lecture and aided others in doing so; one was additionally found guilty of “engaging in a protest on the stage of the auditorium that placed others in danger of bodily harm.” The sanctions are classified as “disciplinary warnings” that will remain on the students’ transcripts until Dec. 31, 2008.  There are no actual punishments associated with the warnings. ( The New York Times reported Wednesday that eight students have received such decisions, with some sanctions rising to the level of "censure," but none of which would remain on students' records past graduation if they do not violate additional rules.)

The warnings didn’t come entirely by surprise. David Judd, president of Columbia’s chapter of the International Socialist Organization and one of the protesters who received a warning said it was “exactly what I was anticipating.” If the verdicts have generated some relief for the students involved, they angered the group that had its event disrupted: the Minuteman Project, a radical anti-immigrant group whose founder, Jim Gilchrist, was the one who tried to speak at Columbia.

Both Gilchrist’s group and the student protesters claim the other side instigated the scuffle. The national spokesman for the Minuteman  Project, Tim Bueler, referred to the disciplinary actions as a “whitewash” and contrasted the reception at Columbia with similar events at other universities. “If they keep going down this route, in the eyes of the public, they will lose their credibility,” he said. Columbia has apologized for the incident and refunded the sponsor of the event, the Columbia College Republicans, for the costs of the speech.

In a statement released yesterday, Columbia’s president, First Amendment scholar Lee Bollinger, said, “Under the published Rules of University Conduct, Columbia University has a longstanding and very specific process for disciplinary actions involving students. Those independent procedures have been followed in cases arising out of the events of last October 4. If the rule of law is to mean anything, it is vital that we respect the results of the system of rules we live under.”

The incident,  caught on tape and viewed widely on video services such as YouTube, gained national attention for its volatile mix of controversial issues like immigration and the boundaries of free speech on a private university campus. At the time, Bollinger minced no words in his public statement, saying, “No one … shall have the right or the power to use the cover of protest to silence speakers. This is a sacrosanct and inviolable principle.”

Students involved in the protests see the issue differently. They have consistently defended their actions as fighting hate speech, not free speech. In an op-ed in yesterday’s Spectator, the student paper, Judd expressed concern about what he perceived as an unfair campus judicial process whose results will  have “serious material impact” on his and other students’ future and create a “broader chilling effect” on campus.

The Foundation for Individual Rights in Education, a group that defends free expression on college campuses, isn’t convinced by the argument. “It was an attempt to silence a controversial speaker,” said FIRE’s president, Greg Lukianoff. “I don’t think there’s any doubt about that, and attempts to make it look any other way have looked pretty foolish.”

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Comments on Slap on the Wrist at Columbia?

  • Posted by bystander on March 28, 2007 at 7:21am EDT
  • Of course the disruptions were to silence HATE speech, not FREE speech. We are all in favor of free speech. Hate speakers say to-MAY-to, we free speakers say to-MAH-to.
    If instead of backwards baseball hats and jeans, the activists wore masks and pointy white hats and called themselves Klaverns or Grand Klavicles, or else brown shirts and shiny brown boots, it would be no different--just a lot more honest.

  • Posted by JBM on March 28, 2007 at 7:21am EDT
  • When students commit assault and battery, people must immediately call the police (the real police, not campus security). That will quickly impress administrations eager to cloak from the public the thug status of their enrollees. There's no hiding public criminal records.

  • Disruption or Silencing?
  • Posted by John K. Wilson on March 28, 2007 at 7:35am EDT
  • Greg Lukianoff of FIRE is wrong; there is, in fact, a great deal of doubt as to whether the intent or effect of the protest was to prevent the speech from happening. If you look at the video, the protestors took up a place at the opposite end of the stage from Gilchrist and unfurled their banner. I believe that these students expected to disrupt the speech for a minute, make their point, and be ordered off the stage under threat of arrest, and thrown out of the lecture hall while Gilchrist resumed his speech. The fisticuffs that followed appeared to result from Gilchrist’s thugs trying to physically remove the protesters without warning them to leave or waiting for campus security to act. After that, the speech was cancelled and the students, to their apparent surprise and unfortunate jubilation, were able to stop Gilchrist from speaking.

    This doesn’t excuse the students in the Idiot Socialist Organization. Rushing the stage, even for a temporary protest, is both stupid and prohibited. However, a short disruption of a speech is indeed a minor violation, and the punishment they received seems to fit the crime. (However, Columbia’s apparent violation of due process in punishing the students, the slow process, and the failure to address the violence on stage, should be a concern to everyone.)

    The real puzzle here is why Columbia failed to act in order to allow the speech to continue, and why Columbia has not arranged for Gilchrist to return to campus with adequate protection for his speech. Merely reimbursing the College Republicans for the costs of the event is not enough. Whether it is Jim Gilchrist or Ward Churchill, a speaker banned from college campuses by protests or threats should always be re-invited by colleges to prove that the heckler’s veto will never restrict free speech on campus.

  • Update: Suspensions of Three Columbia Students
  • Posted by John K. Wilson on March 28, 2007 at 7:50am EDT
  • The Columbia Spectator this morning reports that three students have been punished with "censure" which will automatically result in a suspension of one semester. This is much more serious, and seems to be far beyond the scope of what these students did. Columbia offered no explanation for why it targeted these students.
    http://media.www.columbiaspectator.com/media/storage/paper865/news/2007/03/28/News/Three.Students.Issued.Censures-2809168.shtml

  • Posted by Jim Shields on March 28, 2007 at 9:10am EDT
  • In point of fact the Minuteman Project opposes "illegal" immigration, not immigration per se. This bit of sloppy reporting on the part of Inside Higher Education is surprising.

  • Of course -- they're so much smarter
  • Posted by L.L. on March 28, 2007 at 9:41am EDT
  • "Of course the disruptions were to silence HATE speech, not FREE speech .."

    When Democrat pollsters are calling ILLEGAL immigration "the new third rail of politics," when presidential candidates give multiple answers in different cities on the issue -- of course, "bystander" knows what is the "truth" and what is not.

    Reminds one of the scene in "Broadcast News" when the Holly Hunter character is telling the network president what is "right" and "has to be done." He replies, "is it so hard, to be right, all the time?" She replies, "Oh, yes, it is."

    More than a million persons are LEGALLY waiting for green cards, in the U.S. and overseas. Does anyone remember them? And their rights?

  • Suspension is not that extreme for protecting a major right
  • Posted by stm60 at UConn on March 28, 2007 at 10:06am EDT
  • Interference with free speech can be seen as among the most serious charges a member of a university community can be accused of. The existence of the tenure system shows how seriously universities have traditionally protected this right. Speakers should be free to speak and even unfurling a banner during the talk should not be tolerated.

    Therefore I am not so sure that one semester suspension is out of line. These students are adults and should be aware that their actions have consequences. Just because their actions are juvenile does not mean that they will be treated as minors.

    Problems arise when people bring in their own feelings about the message the disrupter was attempting to stop. Talks on campus should not be a case of ‘good message’ vs ‘evil message’ with all options open for the ‘good’ to beat back the ‘evil’. If we allow this absolutism to triumph we would be condoning a free for all with the ultimate decider of ‘good’ and ‘evil’ being who has the bigger and louder crowd.

    I imagine that there are subjects that could justify the stoppage of dialog on campus but I really can't think of any that were not so extreme that a school would not have already avoided a conflict by not scheduling the speaker.

  • "Anti-Immigrant"
  • Posted by Matt on March 28, 2007 at 10:21am EDT
  • This article contains factual errors. The Minutemen are anti-ILLEGAL immigration, not anti-immigration. Unless you want to argue that there is no difference you should correct the article.

  • Columbia U. student protesters should be rewarded, not punished
  • Posted by Grover Furr on March 28, 2007 at 10:56am EDT
  • Suppose an antisemitic speaker -- a pro-Hitler Nazi, say -- had come to speak at Columbia, and a student group had stood on the stage opposite the speaker with a banner unfurled: Would this have been appropriate? I think so, and bet that many others would agree.

    Gilchrist's racism against illegal immigrants is the same kind of "blame-the-victim" bigotry as Hitler's antisemitism, or Strom Thurmond-type white supremacy.

    Illegal immigrants are the "salt of the earth." They want only the chance to work hard to make a modest living for their families. Their illegal status makes them easy prey for super-exploitative employers who can pay them less than the minimum wage with no benefits, then call La Migra on pay day and get them all deported.

    Gilchrist and racists like him want to misdirect our anger against these super-exploited workers and away from the real problem: the illegal status.

    To understand the truth about illegal immigrants, you need to understand slavery. What made slavery profitable was the legal status of slaves. Slaves had no rights. Therefore, they could be exploited to the maximum possible extent.

    So-called "illegal aliens" are workers who have almost no legal rights. Therefore, they are super-exploited by employers. They do very hard work for very low wages. They pay taxes - employers have to deduct them - but they get few benefits.

    They exploit no one. They are super-exploited. They are like other workers, except for one thing: their legal status.

    All workers should have the same legal rights and as many rights as we can get. That is the only way one group of workers can be not super-exploited with their cheaper labor dragging down wage rates for all workers. There is no other way.

    Today, the United Bosses of America are doing all they can to encourage "legal" workers to think that "illegal" workers are our enemies. Build walls, patrol the borders, or call "La migra" (Immigration)!

    Get the workers fighting each other, but make sure they do not recognize the truth.

    Here's the truth: We have got to do away with the category of "illegal" workers. "Illegal" workers have almost no rights. That's why they can be super-exploited. That's why their cheap labor pulls down wage rates for all other workers.

    And that's why employers love "illegal" workers - because they work cheap, cannot organize a union and cannot strike for better pay and conditions. They are as close to slaves as a boss can get, in these "enlightened" times.

    So we need a workers' campaign. Full rights for everybody on American soil! If your feet hit dry ground, you have the same rights as everybody else. (See http://tinyurl.com/wszpp )

    Confronting those who, like Gilchrist and his ilk, attack illegal workers is a good start to building this kind of movement.

    What "rights" of Gilchrist's were violated? On the contrary: the student protesters' right to free speech was punished! Nobody forced the racist Gilchrist not to speak.

    But how about the right of those who disagree with him to voice their opinions? Columbia does not recognize the right of those who protets racists to stand up and display a banner when the racists appear? Well, they should not only permit it - they should encourage it!

    Instead, of course, Columbia is punishing those who protested the attacks on illegal immigrants. Nothing surprising there -- Columbia has a long, dirty history of racism.

    Up through the WW2 period at least Columbia was infamous for its antisemitism. Jewish professors could not teach English for example! In the '60s Columbia took away precious Harlem parkland for more buildings, resulting in the SDS-led sit-in of 1968.

    The students who protested Gilchrist should be applauded. Columbia should be censured for taking any steps against them, when all they did was to exercise their freedom of expression.

    Nobody is obliged to invite racists to speak. They should not be invited, any more than antisemitic or white supremacist speakers should be.

    The Republicans are, of course, those who are championing harrassment of illegal immigrants. Shameless apologists for exploitation, they never criticize employers.

    The Republican party is now the official party of racism in the US, having taken over from the Democratic Party when the latter pushed the Civil Rights laws in the 1960s.

  • T
  • Posted by William on March 28, 2007 at 11:55am EDT
  • Wow Professor Furr, a bit hot under the collar aren't we. I shouldn't answer this but it, like so many of your other posts, is too rich to resist.

    I'm curious, is this the same Republican party who you earlier said said account for "99 - 100%" of the exploitation of workers? Meaning that virtually no democrats or independents ever exploit workers. This is a pretty amazing claim. Of course it is right up there with crediting the democratics with sole responsiblity for passage of the 1964 CRA. Do you teach any 'hard' history? You know, stuff with facts and figures? And names. Like Everett Dirkson or M.C. Smith? Or understand the make up of the Senate in 1964? Of course its too easy bashing a tenured professor who lives in rather tony Montclair, NJ and is 'one with the working people.'

    However, in answer to your question about an anti-semetic speaker. Yes, actually, if the school invited her, i would not disrupt it. I may not go to the event and I may even have my students discuss the content of it (depending on what my class was about) but I would not disrupt it and I am very surprised that you would advocate such censorship.

  • Suspension warranted
  • Posted by Brian S. on March 28, 2007 at 1:35pm EDT
  • I hope the latest article posted by J. Wilson above is correct when it states that three students have received "censures" which carry a minimum of one-semester suspension.

    I believe an objective observer of the video would agree that the students' actions were a violation of the speaker's free speech. It is shameful that the University did not invite the speaker to return to campus.

    According to the article, at least one student "victim" is already playing the "race card" in seeking sympathy....

    "Garcia questioned the University's actions, which she said appeared unfairly biased against students of color."

  • Posted by Ponzio Oliverio on March 28, 2007 at 1:36pm EDT
  • Per the Supreme Court of the United States, hate speech is free speech. It is given full First Amendment protection.

  • Hate Speech *is* Free Speech
  • Posted by dumbfounded.... on March 28, 2007 at 2:36pm EDT
  • It's pretty clear that hate speech, however onerous to us, should still be protected speech. I don't understand why we guarantee free speech only for those who say what won't offend us. And no, hate speech doesn't come close to the "clear and present danger" guideline of limiting free speech established by judicial precedent. If you overreact that much to being called names or hearing the suggestion that you aren't a valued member of society, you've got bigger problems.

    To get a bit off-topic and respond to Mr. Furr's commentary: Why is it we so frequently fall into ceaseless bickering, wedged into binary positions that ignore any third, fourth, or fifth point of view? These default positions of:

    "Supporting illegal immigrants is un-American. They're stealing American jobs!"

    OR

    "We have to abolish the illegal status of immigrant workers! They're being exploited!"

    are both equally ridiculous.

    Some news: NO ONE is stealing american labor (outside of corporations moving american labor overseas). Illegal immigrants come for the work, but who gave them that work? Employers did. Who punishes the employers?

    I realize many Republicans like to lay all blame on the immigrant for daring to breach U.S. laws in order to make a better living, but that's a bit much. And I know that plenty of self-styled progressives and independents, even some Dems, like to suggest that illegal immigrants shouldn't even be "illegal"--that it's the status that leads to their exploitation.

    In reality, they're both wrong: yes, the immigrant who knowingly enters the country illegally shouldn't be too surprised at being exploited by her employer or being tossed back into her home country. In other words, however ugly exploitation may be and how wrong it is, she--the immigrant--does share some culpability. But there would be little incentive for immigrants to enter the country illegally to find work if EMPLOYERS didn't hire illegals in the first place. No one looks at that, talks about it, or does anything about it--the penalties for employers hiring illegal workers, exploiting such workers or no, are a joke. It might help, too, if we talked openly about working with our neighbor's governments to improve economic conditions within the home country, thus improving labor and social conditions, further driving down the incentive to enter the U.S. illegally. But why discuss this? Instead, we just have our a shouting match over whether the illegal worker is the victim or the problem.

    It's really not too hard to put your finger on it: illegal immigrants, faced with doing better working illegally or doing worse working (or not working) in their home country, choose to work illegally. Not a hard sell. But this fact, however moving, doesn't make them any less illegal in status, and there are *good reasons* for the U.S. maintaining this status. There are good reasons for having a system of verifying and conducting immigrants into the states as LEGAL immigrants.

    By the way: ask any legal immigrant you might have met--you know, someone born outside the U.S. who took the time to study our country's laws, learn its Constitution and history better than most Americans themselves know it, and jump through dozens of other hoops waiting months or years before finally being admitted temporarily or winning their U.S. citizenship. Ask someone like that if they think people who just waltz over the border should be treated just the same as the rest of us.

    I don't claim to know (nor do I particularly care about) Gilchrist's "true motives". I do know that his rights to free speech were violated, and this happened in part because some of us have devolved, convinced of our own progressivism even as we adopt the same tactics of "the Enemy" who censor whatever they find distasteful.

  • Article doesn't quite get my comments right
  • Posted by David Judd at Columbia on March 28, 2007 at 4:25pm EDT
  • This sentence is false: "Judd expressed concern about what he perceived as an unfair campus judicial process whose results will have "serious material impact" on his and other students' future and create a "broader chilling effect" on campus." I didn't complain about the impact of the decision, but about the process, and I explicitly said that I got off lightly, while a "serious material impact" might be a potential consequence "for some" of similar punishment in the future. Anyone interested could read my op-ed, the comment URL.

    Also, I personally would not use the formula, "hate speech isn't free speech"; it misses the point, because I wouldn't call on the University to censor even Gilchrist. I simply don't believe that my freedom of expression is bounded by Columbia's decisions, or, as a socialist, that when my free speech and Gilchrist's come into conflict, his trumps mine just because the owners of the piece of property on which we'd both like to stand have granted it to him.

  • Holy cow, Batman!
  • Posted by B.D. on March 28, 2007 at 5:15pm EDT
  • " .. The Republican party is now the official party of racism .. having taken over from the Democratic Party .."

    B.M., someone must have put something in the
    Gotham City water supply! Next, they'll be English professors claiming the CIA smeared Uncle Joe! Holy water poisoning!

  • Posted by JBM on March 28, 2007 at 5:35pm EDT
  • Grover Furr, as usual, goes miles over the top. For obvious reasons, people may not unilaterally declare themselves exempt from law. This is neither unreasonable nor racist.

  • Posted by Mark Jaeger on March 29, 2007 at 10:45am EDT
  • The way I see it, the inmates have effectively taken over the asylum at Columbia.

    Accordingly, I modestly propose Columbia administrators should just clean out their desks, shut off their office lights, hand over their keys to the new management, and go home.

  • CORRECTION: Not a Suspension
  • Posted by John K. Wilson on March 29, 2007 at 12:26pm EDT
  • I was incorrect in reading the Columbia Spectator story too quickly. There is no suspension for the three students, but it is a step up in the disciplinary process: "If a censured student is found in violation of the rules a second time, he or she is automatically suspended from the University for at least a semester or, if the violation is serious, is expelled."

  • what a joke...
  • Posted by Thankfully Not a CU Alum on March 29, 2007 at 3:36pm EDT
  • first of all, could the writer be any more biased? "radical anti-immigrant" group? hardly. we all have our agendas, yeah, but you'd think someone writing for a website about higher education might be educated. guess i was mistaken...

    furthermore, i was going to respond to judd's comment in the article, but since he posted here...

    "I simply don’t believe that my freedom of expression is bounded by Columbia’s decisions, or, as a socialist, that when my free speech and Gilchrist’s come into conflict, his trumps mine just because the owners of the piece of property on which we’d both like to stand have granted it to him."

    maybe my parents raised me in a manner a little better than that of barnyard animals, but i had respect for my alma mater. i knew that, by attending, i was bound to certain rules (most of which were set out in numerous codes and documents). i understand that it's often tough to take off the beret and che tshirt and come back to reality, but do you even think about what you're saying? i mean, honestly...your university invites a speaker and you feel that you have every right to take over "the piece of property on which [you'd] both like to stand"?

    the funniest part is, jokes like you preach tolerance and respect...but your actions speak volumes. of course, maybe asking for intelligent and respectful thought out of you is too much. please grow up. sidenote...isn't columbia supposed to be a reputable institution?

  • Posted by Kevin McCarthy on March 30, 2007 at 5:20am EDT
  • Columbia, being a brand university, and nothing else, will do anything to make controversies go away (e.g. the famous Yao Cheng case; Columbia's internationally condemned sexual misconduct policy). And media who want to win journalism awards do not criticize the University (e.g. the NYTimes agreed to publish a Columbia-written article as "news" regarding Columbia's Middle East Studies fiasco a couple of years ago in exchange for other exclusives and the promise of j-school benefits).

    Bollinger is a coward, as was Rupp. Students and faculty who report the school for grant fraud and other mismanagement have been threatened and dismissed routinely.

    Had Columbia truly punished these students in Columbia kangaroo court, the University may have lost money. And the bottomline drives all University decisions.