Roger Shibley of the Foundation for Individual Rights in Education (FIRE), who I criticized yesterday for his remarks on the Alexandra Wallace video, has written a new piece at the FIRE website responding to my criticism and explaining that organization’s approach to the various speech acts it defends on First Amendment grounds:
“An integral part of being able to do the work we do is not letting our feelings about the viewpoint of the expression itself affect how we analyze the expression or how vigorously we defend the rights of the speaker. … Instead, we consistently present on our website all the evidence that we have about the expression in question in order to help people make up their minds for themselves, and we expect people to draw their own conclusions.”
That’s certainly a reasonable position, and indeed I have commended FIRE for taking exactly this tack in its letter to UCLA. But I criticized Shibley’s original blogpost precisely because it failed to follow this approach.
FIRE’s policy, Shibley says now, is to summarize each speech act fully and dispassionately without editorializing, and to let their readers draw their own conclusions about its merits. But Shibley did editorialize about Wallace’s video. He called it “pretty tame,” and “not particularly severe.” In it, he said, Wallace “couches her language in a number of ways and even apologizes at the beginning for not being ‘politically correct.'”
This is editorializing. Worse, it’s misrepresentation of the video itself, as Wallace at no point in it apologizes for her lack of “political correctness.” Instead, she deploys that term as a pre-emptive defense against the criticism she expects to receive: “we know that I’m not the most politically correct person so don’t take this offensively.” Instructing people not to be offended by your views is not an apology for those views.
And Shibley’s misrepresentation of the video doesn’t end there. As I pointed out in my original blogpost, Wallace’s “ching chong ling long ting tong” mockery of Asians’ speech and her snide reference to the Japanese tsunami went unnoted in Shibley’s summary, despite their centrality to campus criticism of Wallace and prominence in media coverage of the controversy.
I’ve done this dance with FIRE before. Twice in the past I’ve pointed out situations in which they’ve misrepresented or mischaracterized racist or sexist speech in ways that minimized the ugliness of those speech acts. This isn’t a one-time slipup. It’s a pattern.
Again, I respect FIRE’s principles as articulated. I can accept their belief that the work they do requires them to do no more than “present … all the evidence that we have about the expression in question in order to help people make up their minds for themselves.” But that’s not how Shibley approached the Wallace case, and it’s not how FIRE addressed the two previous cases I’ve highlighted. In each of these three cases, representatives of FIRE offered partial and incomplete descriptions of presumptively racist and/or sexist speech, with their omissions serving to create the impression that the speech was less obnoxious than it actually was. And in each of these three cases those same representatives offered editorial defenses of that speech on content-based rather than civil libertarian grounds.
FIRE is an organization encompassing members and leaders of wildly divergent political perspectives. It speaks out on behalf of controversial speech of all kinds. The work that it does on behalf of the rights of people with unpopular views is often valuable. But despite all this, its reputation in many quarters is one of political and cultural conservatism. There are many reasons that it has this reputation, but the phenomenon I’ve described here is, to my mind, one of the most significant.
If the folks at FIRE want to be accepted as a force for free expression across the political spectrum — if they want to be seen as, in Robert Shipley’s words, “an honest and trustworthy broker to whom people of all different values and beliefs can come for help” — they’re really going to have to do a better job with this kind of stuff.
Afternoon Update | Greg Lukianoff, the president of FIRE, has offered a couple of thoughts on this post, and I’ve responded in turn. Click through (or scroll down) to comments to see the exchange.
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March 17, 2011 at 12:40 pm
National Youth Rights Association - Age of Reason: the NYRA Blog
[…] Angus Johnson responded that weren’t just neutrally defending her right to speak but defending what she said as well. […]
March 17, 2011 at 2:30 pm
Silver Fang
Alexander Wallace’s video was full of racist BS and is tasteless and ignorant to the core. However, she shouldn’t be expelled or have death threats leveled at her.
March 17, 2011 at 2:59 pm
Gregory Lukianoff
Hi Angus. There are two points that I want to make sure readers know, and I would appreciate your help to that end. When Robert Shibley called the UCLA student’s racist rant “pretty tame,” it was in this context: “in my opinion it is really pretty tame, as far as Internet rants go.” (Indeed, here’s the whole sentence: “If you watch the video, it is easy to see why Asian students in particular, and others as well, might find it offensive—although in my opinion it is really pretty tame, as far as Internet rants go.”) Robert was saying that there is much more offensive speech on the Internet. You can agree or disagree with that, but without including those few additional words (“as far as Internet rants go”), Robert’s quote seems like an absolute judgment as opposed to a comparison to the extreme speech one can find on the Internet.
As for Robert writing that the speech was “not particularly severe,” in context you can see he was analyzing through the legal definition of peer-on-peer harassment in the educational context, which requires speech to be “so severe, pervasive, and objectively offensive, and that so undermines and detracts from the victims’ educational experience, that the victim-students are effectively denied equal access to an institution’s resources and opportunities.” Davis v. Monroe County Board of Education, 526 U.S. 629, 652 (1999). As an attorney, Robert is quite confident (as am I, Eugene Volokh, and, I believe, you) that the video is not discriminatory harassment. Analyzing the “severity” prong is part of making that determination.
As you have noted in previous posts, FIRE has written a lot of things at this point about the UCLA case. On our blog, FIRE staffers have taken varying tones and approaches (something I encourage) to show how the original video is protected speech and how people have responded with more speech, all of which I encourage readers to see here: http://thefire.org/case/857.
Thanks,
Greg Lukianoff
President
FIRE
March 17, 2011 at 4:19 pm
Angus Johnston
Thanks for writing, Greg, and I’m happy to have your input. In response, I’d make just two comments:
First, I’m not sure I see what useful context the “as far as internet rants go” parenthetical added to Shibley’s assessment of Wallace’s video. (That’s why I felt comfortable leaving it out of my quote, as it struck me as essentially a rhetorical flourish.) There isn’t a distinct “internet rants” standard for judging whether speech is protected, and it’s not obvious to me that internet rants, as a class, are any more or less tame than, say, dorm-room pontifications or campus newspaper columns.
Second, I hope I made clear that it wasn’t just Shibley’s characterization of Wallace’s speech as “not particularly severe” that I was critical of, but also the way he arrived at that characterization. As I noted, his assessment of the video’s severity misrepresented its content in several significant ways.
March 17, 2011 at 7:30 pm
Beet
I think this puts it in a different context:
“My daughter wants to start a blog,” wrote Wallace’s dad on his Facebook page.
John Wallace, a Sacramento-area retail developer, posted on Friday at 11:17 a.m.: “She’s asking for domain suggestions for ‘Asians on their cellphones in the library!’ She’s shooting videos as I write.”
John Wallace also posted March 3 that his daughter was selected for the audience of MTV’s “Jersey Shore” reunion show.
—-
Ok, there’s a difference between one racist internet video made at the spur of the moment and an entire blog / campaign of racism from someone apparently aspiring to starlet-dom. This girl has some serious issues.
March 18, 2011 at 8:37 pm
A.T.
UCLA doesn’t take action against her because she has the right of speech. What the school doesn’t know is that this girl was about to start a blog domain of her own on the idea of “Asian in the Library” before the vBlog on YouTube went viral on the internet. She then dropped the idea. I agree she has problems. She needs lessons on prejudice and how to accept others as who they are.
It doesn’t change a thing that she decided not to attend UCLA. Well perhaps it would be the best choice for her, but that doesn’t change her prejudice mind. In the letter she wrote her idea of racism; “should be a humorous video”. At least she realized that she was wrong about bringing up the Tsunami situation over in Japan. Other than that, I don’t think her views toward Asian are any difference than before.
http://www.dailybruin.com/index.php/blog/off_the_press/2011/03/alexandra_wallace_apologizes_announces_she_will_no_longer_attend_ucla/?message=You%2Bmust%2Bverify%2Byour%2Bemail%2Baddress%2Bbefore%2Byour%2Bcomment%2Bwill%2Bappear&type=notice#comment2831
March 21, 2011 at 1:45 pm
This Week in the News: UCLA Launches, Ends Harassment Investigation of 'Asians in the Library' YouTube Video - FIRE
[…] the content of the speech. Robert responded here, Johnston replied, and Greg answered Johnston here. FIRE's complete contributions on the case are collected here. In other news, Jacob Lovell's run-in […]
March 21, 2011 at 5:57 pm
Alexandra Wallace Excuses Herself Before A Racist Rant; FIRE is Urged To Excuse Itself For Analyzing the Rant | Popehat
[…] a follow-up, Johnston argues that FIRE downplays and misrepresents the offensive nature of speech it defends: Again, I respect FIRE’s principles as articulated. I […]
April 12, 2011 at 8:58 am
Jay Knott
This article claims to defend Wallace’s freedom of speech and simultaneously says she needs to ‘apologise’ for her views. Some of the comments are worse: ‘This girl has some serious issues’. “She needs lessons on prejudice”. ‘Offensive’ – ‘racist’ – blah blah blah. You can’t have it both ways: either you support the free exchange of ideas, or you support political correctness and ultimately re-education camps. If you hadn’t deleted the more violent comments, the logic of your position would be obvious.
April 14, 2011 at 5:21 am
oster
@Jay Knott
The article makes no mention about defending Wallace’s freedom of speech nor does it call on her to apologize. I note that you quoted apologize as ‘apologise’, i.e. using the British spelling. This indicates that you did not pluck a quote out of the article itself to illustrate your point, as it is non-existent.
April 17, 2011 at 10:21 pm
Hillarious Times
Blacks can write raps about killing White Cops and make $$$$$ off of it.
April 18, 2011 at 9:55 pm
Jay Knott
‘Oster’ – I accept your criticism, which not at all related to campaigns of slander and threats of violence. The article doesn’t say Alexandra should apologise. It says ‘Wallace at no point in it apologizes for her lack of “political correctness”’, which I misread as criticising Wallace for not apologising. In fact, it criticises FIRE for claiming Alexandra apologised.
However, I think all this is trivial compared with the need to defend people against the mob, which is what FIRE tries to do. The article uses the weasel words ‘speech acts’. FIRE is right to ‘minimize the ugliness’ of ‘speech acts’ compared with death threats.
April 22, 2011 at 8:32 pm
Jay Knott
One more thing – FIRE is consistent in defending freedom of speech, not just in defending students against the p.c. left – see http://thefire.org/article/13109.html