FIRE Defends Law Professor Forced to Attend Hypocritical Re-Education Camp

Law professor Jason Kilborn is forging ahead in the battle to vindicate academic freedom rights at University of Illinois Chicago, which punished him for a test question that included two redacted slurs.

- University forces professor into sensitivity course that uses the exact same redacted slur in the training materials.

- UIC’s level of hypocrisy and cluelessness boggles the mind.

“UIC crucifies Kilborn for using a redacted slur, then turns around and forces him into anti-racism training that uses that same slur,” said Ronnie London, head of FIRE’s Faculty Legal Defense Fund. “Kilborn is effectively showing up to re-education and being handed his own text.”

The Mission of Foundation for Individual Rights in Education (FIRE):

The Foundation for Individual Rights in Education’s mission is to defend and sustain the individual rights of students and faculty members at America’s colleges and universities. These rights include freedom of speech, freedom of association, due process, legal equality, religious liberty, and sanctity of conscience—the essential qualities of liberty. FIRE educates students, faculty, alumni, trustees, and the public about the threats to these rights on our campuses, and provides the means to preserve them.

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Matt Taibbi’s Indictment of our COVID Official Sources

Why do so many people distrust the authorities, our "leaders," regarding COVID? Here are some of the reasons collected by Matt Taibbi:

If the fact-checkers are themselves untrustworthy, and you can’t get around the fact-checkers, that’s when you’re really screwed.

This puts the issue of the reliability of authorities front and center, which is the main problem with pandemic messaging. One does not need to be a medical expert to see that the FDA, CDC, the NIH, as well as the White House (both under Biden and Trump) have all been untruthful, or wrong, or inconsistent, about a spectacular range of issues in the last two years.

NIAID director Anthony Fauci has told three different stories about masks, including an episode in which he essentially claimed to have lied to us for our own good, in order to preserve masks for frontline workers — what Slate called one of the “Noble lies about Covid-19.” Officials turned out to be wrong about cloth masks anyway. Here is Fauci again on the issue of what to tell the public about how many people would need to be vaccinated to achieve “herd immunity,” casually explaining the logic of lying to the public for its sake:

When polls said only about half of all Americans would take a vaccine, I was saying herd immunity would take 70 to 75 percent. Then, when newer surveys said 60 percent or more would take it, I thought, “I can nudge this up a bit,” so I went to 80, 85.

We’ve seen sudden changes in official positions on the efficacy of ventilators and lockdowns, on the dangers (or lack thereof) of opening schools, and on the risks, however small, of vaccine side effects like myocarditis. The CDC also just released data showing natural immunity to be more effective in preventing hospitalization and in preventing infection than vaccination. The government had previously said, over and over, that vaccination is preferable to natural immunity (here’s NIH director Francis Collins telling that to Bret Baier unequivocally in August). This was apparently another “noble lie,” designed to inspire people to get vaccinated, that mostly just convinced people to wonder if any official statements can be trusted.

To me, the story most illustrative of the problem inherent in policing “Covid misinformation” involves a town hall by Joe Biden from July 21 of last year. In it, the president said bluntly, “You’re not going to get COVID if you have these vaccinations,” pretty much the definition of Covid misinformation:

It was bad enough when, a month later, the CDC released figures showing 25% of a sample of 43,000 Covid cases involved fully vaccinated people. Far worse was a fact-check by Politifact, which judged Biden’s clearly wrong statement “half true.”

“It is rare for people who are fully vaccinated to contract COVID-19, but it does happen,” the site wrote. They then cited CDC data as backup. “The data that the CDC collected before May 1 show that, of 101 million people vaccinated in the U.S., 10,262 (0.01%) experienced breakthrough cases.” Politifact’s “bottom line”: Biden “exaggerated,” but “cases are rare.”

Anyone paying attention to that story will now distrust the president, the CDC, and “reputable” mainstream fact-checkers like the Pew Center’s Politifact. These are the exact sort of authorities whose guidance sites like the Center for Countering Digital Hate will rely upon when trying to pressure companies like Substack to remove certain voices.

This is the central problem of any “content moderation” scheme: somebody has to do the judging. The only thing worse than a landscape that contains misinformation is a landscape where misinformation is mandatory, and the only antidote for the latter is allowing all criticism, mistakes included. This is especially the case in a situation like the present, where the two-year clown show of lies and shifting positions by officials and media scolds has created a groundswell of mistrust that’s a far bigger threat to public health than a literal handful of Substack writers.

Could some of this problem be lessened if our "Leaders" are required to also state their confidence level whenever they make future statements about COVID?

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One-Size-Fits-All COVID Vaccination Narrative and Internet Censorship

Dr. Tracy Beth Hoeg, MD PhD, writing on the website of Dr. Vinay Prasad (who was interviewed by Saagar and Krystal). Hoeg is concerned about one-size-fits-all vaccination and internet censorship of comments (even by doctors) that are off-narrative):

My interpretation of the data is vaccines continue to be the best tool we have to prevent severe disease. When health care workers could get vaccinated, I got mine the first day I could. That being said, I had wished my parents and older patients could have gotten theirs before me. I begged unsuccessfully to extend my time between the first and second dose because of cardiac side effects I had had from the first dose (which came on quite severely while running). I continue to strongly recommend vaccines to my patients (and now boosters for all over 40-50 or with specific risk factors) and help facilitate vaccination appointments for them and talk them through the data. I recommended to my younger healthier adult patients to only get one dose if they had already been infected based on the data we already had late last winter and a need to preserve vaccinations. I have always felt, based on the data that healthy children were at very low risk and vaccinating them before older adults across the world was unethical and irresponsible. You and I wrote about this for the Atlantic with Monica Gandhi. I still stand by what we said.

Over the spring and summer, the evidence suggested vaccines were very effectively preventing transmission, which was a major rationale for vaccinating everyone. But I also knew, as did you, in the spring that a serious vaccine adverse effect could quickly tip the individual harms of the vaccine beyond those of the benefits for healthy children. And I actually tweeted about the uncertainty about the risk-benefit ratio of vaccination in healthy boys on June 10th as the myocarditis data were accumulating from Israel and our own CDC.

My tweet was censored by Twitter and that landed me on Tucker Carlson (which I had never watched). I understand the political nature of this pandemic (certainly on social media) but the censorship of an issue as important as vaccine-associated myocarditis in boys and young men really got under my skin. I was receiving texts and messages from physicians I knew seeing post-vaccination myocarditis in young boys and men across the country and I was vexed the CDC did not prioritize getting an accurate, stratified estimate of this occurrence. Certainly, as a mom I wanted to have a reasonable sense of the benefits vs risks in my old children. At that time I was glad to connect with the cardiologist John Mandrola because we are very like-minded, particularly on this issue (we’ll discuss our study below).

I have consistently viewed attempts to estimate the rates and define the severity of a vaccine side effect as highly pro-vaccine. Anything else, especially when it comes to children, will quickly erode public trust and fuel overall vaccine hesitancy. Especially now with the vaccines’ limited and transient impact on transmission, we need to be considering each individual’s risks from COVID-19 and their expected benefits (and risks) from each dose. The most important factors to consider in this analysis include age, sex, risk factors for severe COVID-19 and history of infection.

What still boggles my mind, is when you just do the simple math using the German study of infection-hospitalization rates in healthy children, you get a 1/2400 chance a healthy 12-17 year old will be hospitalized for COVID-19 requiring specific covid treatment (this eliminates incidental hospitalizations) and, now with omicron, that is likely around 1/5000 risk (or lower) and yet the rate of symptomatic post vax myocarditis after dose 2 in this age group is around 1/3000 (see below) and yet so few seem to be questioning dose 2 for them (when mathematically it’s the wrong decision), let alone dose 3, which seems a clear mistake to mandate without evidence of benefit. . .

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Twitter’s Free Speech Strategies

This conversation is two years old, but it is a fascinating look into the strategies Twitter was using to navigate the two challenges of allowing free expression and preventing harm. Jack Dorsey is at the table along with Vijaya Gadde, who serves as Twitter's global lead for legal, policy, and trust and safety at Twitter. It's important to note that Dorsey recently stepped down as CEO of Twitter, replaced by Twitter's chief technology officer, Parag Agrawal, who has sent signals that he will not be as accommodating to free speech as Dorsey.

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Barack Obama Channels John Stuart Mill When Discussing Free Speech on Campus

“The University is not engaged in making ideas safe for students. It is engaged in making students safe for ideas."

University of California president Clark Kerr

Here's an excerpt from Edwin Chemerinsky's excellent 2017 book, Free Speech on Campus (p. 71):

Concerns about a culture of intolerance on college campuses led President Obama to tell Rutgers graduates in 2016 that democracy and education require a willingness to listen to people with whom you disagree:

I know a couple years ago, folks on this campus got upset that Condoleezza Rice was supposed to speak at a commencement. Now, I don’t think it’s a secret that I disagree with many of the foreign policies of Dr. Rice and the previous administration. But the notion that this community or country would be better served by not hearing from a former Secretary of State, or shutting out what she had to say—I believe that’s misguided. . . .

If you disagree with somebody, bring them in and ask them tough questions. Hold their feet to the fire. Make them defend their positions. If somebody has got a bad or offensive idea, prove it wrong. Engage it. Debate it. Stand up for what you believe in. Don’t be scared to take somebody on. Don’t feel like you got to shut your ears off because you’re too fragile and somebody might offend your sensibilities. Go at them if they’re not making any sense. Use your logic and reason and words. And by doing so, you’ll strengthen your own position, and you’ll hone your arguments. And maybe you’ll learn something and realize you don’t know everything. And you may have a new understanding not only about what your opponents believe but maybe what you believe. Either way, you win. And more importandy, our democracy wins.

Chemerinsky writes (p. 64):

We believe there is no middle ground. History demonstrates that there is no way to define an unacceptable, punishment-worthy idea without putting genuinely important new thinking and societal critique at risk. Universities contribute to society when faculty are allowed to explore the frontiers of knowledge and suggest ways of thinking that may be considered crazy, distasteful, or offensive to the community. When people ask the censor to suppress bad ideas in higher education, many important and positive ideas never have the chance to flourish, and many dangerous or evil ideas are allowed to thrive because they are not subjected to evaluation, critique, and rebuttal. In our view, no belief should be treated as sacrosanct. Nullius in verba remains vital: we must be willing to subject all ideas to the test.

In 2020, Chemerinsky was invited to talk at Claremont McKenna College. Four key points to his talk were reported at the school website:

Free speech: “To me, the core principle (of free speech) is that all ideas and views can be expressed no matter how offensive, even deeply offensive. … The government cannot prohibit speech or create liability for speech on the grounds that it’s offensive.”

Hate speech: “Hate speech is very hurtful. But most of all, the reason why hate speech is protected in the United States is that it stresses an idea. The Late Justice John Marshall Harlan said ‘to censor your words is to censor your ideas. We can’t cleanse the English language to please the most squeamish among us.’”

Campus culture: “Colleges and universities can have time, place, and manner restrictions with regard to speech, as long as they leave it open at alternative places for communication. Government can have time, place, and manner restrictions. For colleges and universities, the government can have it to restrict the disruption of campus activities and to protect safety. Colleges and universities have a moral duty towards the safety of the students and faculty.”

Speech we detest: “We don’t need freedom of speech to protect the speech we like. We need freedom of speech to protect the speech we detest. I am dubious to let the government decide what message to express. Freedom of speech is based on a faith—a faith that we would all be better off in the academic institution, where all our ideas and views will be expressed.”

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