FIRE Files Suit to Address First Amendment Problems with Florida’s “Stop Woke Act”

Once again, FIRE steps up when First Amendment rights are threatened. No matter where someone is on the political spectrum, good intentions are a poor guide to abiding by the First Amendment. This time, the problem is Florida's Stop Woke Act. Excerpt from FIRE's press release:

The First Amendment doesn’t allow Florida law to declare which concepts are too challenging for students and faculty to discuss in a college classroom.

Stop WOKE Act restricts college student and faculty members’ ability to play devil’s advocate, express viewpoints University of South Florida’s First Amendment Forum is the first student group to challenge the law in court TAMPA, Fla., Sept. 6, 2022 — To protect free speech, the government must censor. That’s the absurd argument put forth by Florida lawmakers in the controversial “Stop WOKE Act.”

The law suppresses viewpoints disfavored by Florida lawmakers, threatens tens of millions of dollars in annual funding for universities that don’t crack down on faculty who “promote” an opinion on a government blacklist, and encourages people to report other Americans to government authorities if they “advance” those views — all in the name of “individual freedom.”

Today, a professor and student group from the University of South Florida sued to protect professors’ ability to teach and students’ ability to learn. The lawsuit, filed by the Foundation for Individual Rights and Expression, alleges that the higher education provisions of Florida’s “Individual Freedom” law (dubbed the “Stop WOKE Act” by its proponents), impermissibly chill free expression and promote unconstitutional censorship on the state’s college campuses.

“Without the freedom to engage in vigorous and robust debate about important issues and contentious concepts, a college education is just an exercise in memorizing facts and repeating government-approved viewpoints,” said FIRE attorney Adam Steinbaugh. “That’s not freedom or education.”

The Stop WOKE Act, passed on an exclusively party-line vote and signed by Gov. Ron DeSantis on April 22, prohibits “instruction” on eight specific “concepts” related to “race, color, national origin, or sex”that may run counter to government officials’ notions of “freedom.” For example, the bill unlawfully restricts discussions of advantages or disadvantages of a particular race or sex; whether individuals are unconsciously biased based on race or sex; and whether certain virtues — including “merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness” — are racist.

But in restricting which ideas may be considered in a college classroom, Florida’s political leaders ran headlong into the First Amendment.

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When Used Against Trump, Democrats Declare that the Espionage Act is Now a Good Thing

Matt Taibbi:

The Espionage Act is an embarrassment that would make Marcos or Suharto squeamish, but it’s of course not completely impossible there’s an actual espionage offense in Trump’s case somewhere (just as obviously, no evidence of this has been produced). Julius and Ethel Rosenberg were tried under the Act for giving bomb secrets to the Soviets, as Michael Beschloss and Michael Hayden just helpfully reminded us. However, in modern times, the Espionage Act is more associated with talking to the Times, ABC, The Guardian and The Intercept than with actual spying. The defendants are more often conscience-stricken heroes like Hale than villains.

That’s the problem with this law. “Information relating to the national defense” can essentially be anything the government decides, and they can put you in jail a long time for “mishandling” it, which in Assange’s case included merely having it. Trump or no Trump, if you think that’s okay, you’re an asshole. It’s totally un-American, which is why Robert Reich shouldn’t be surprised if Donald Trump acts proud of being investigated for it. This law is more infamous than he is, and everyone but a handful of blue checks can see it.

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University of Oregon Division of Equity and Inclusion Hard at Work Protecting Us from Dangerous Tweet Comments

The University of Oregon's Division of Equity and Inclusion is hard at work protecting us from wrong-think. This time, the professor who needs to quit expressing improper thoughts is Bruce Gilley.  The following excerpt is from a press release issued by the Institute for Free Speech:

Portland, OR – A local university professor filed a federal lawsuit on August 11 against an officer in the University of Oregon’s Division of Equity and Inclusion for blocking him from the division’s official Twitter account.

“Apparently, the state’s flagship university has a concept of inclusion that does not include tolerance for differing viewpoints. When a government employee uses a Twitter account for official business, they are legally obligated to respect the First Amendment rights of those who respond,” said Del Kolde, Senior Attorney at the Institute for Free Speech.

Oregon resident and Portland State University Professor Bruce Gilley filed the lawsuit after being blocked by the division’s official Twitter account, @UOEquity, for seemingly no reason other than his viewpoint. Gilley had quote-tweeted a message from @UOEquity promoting a “Racism Interrupter” and chimed in with his own: “all men are created equal.” That, apparently, was enough to earn a block from the account’s manager.

“Nothing could better illustrate the problems with diversity ideology than a state university that bans a member of the public for quoting our Declaration of Independence. This lawsuit is necessary to defend our freedom of speech and the rule of law,” said Professor Gilley.

Gilley is no stranger to controversy. He often says what he believes, which is getting to be a scarce commodity in some departments of far too many American universities. Gilley has also fending off slipshod and illiberal attacks upon his balanced discussion of the pros and cons of colonialism (his original article was titled "The Case for Colonialism.”)

Here is Gilley's thesis:

Research that is careful in conceptualizing and measuring controls, that establishes a feasible counterfactual, that includes multiple dimensions of costs and benefits weighted in some justified way, and that adheres to basic epistemic virtues often finds that at least some if not many or most episodes of Western colonialism were a net benefit, as the literature review by Juan and Pierskalla shows. Such works have found evidence for significant social, economic, and political gains under colonialism: expanded education, improved public health, the abolition of slavery, widened employment opportunities, improved administration, the creation of basic infrastructure, female rights, enfranchisement of untouchable or historically excluded communities, fair taxation, access to capital, the generation of historical and cultural knowledge, and national identity formation, to mention just a few dimensions.

I recommend reading Gilley's entire article, but here is his summary of the types of responses he received from highly educated modern day academics:

I find that my critics mostly misread my article, used citations they had not read or understood, failed to adhere to basic social scientific principles, and imposed their own interpretations on data without noting the possibility of alternatives. I note that a failure to adhere to academic standards, the main charge levelled against my paper, is rife among those who have levelled such charges. The use of their critiques to impose professional penalties and punishments on me as a scholar bespeaks the fundamental problems of ideological monoculture and illiberal censorship in academia today. I conclude that the problems of most research on the colonial past since roughly 1960 are so deep-rooted that nothing short of a complete rewriting of colonial history under appropriate scientific conditions will suffice in most cases.

Meanwhile, in a nearby state, a shitstorm ensued after Professor Stuart Regis refused to follow the University of Washington's directive to add a proper land acknowledgement on his computer science class syllabus:

When Professor Stuart Reges challenged the University of Washington’s position on land acknowledgements, administrators punished him, undermining his academic freedom. Today, backed by the Foundation for Individual Rights and Expression, Reges sued the university to vindicate his First Amendment right to express his opinion — even if it differs from the party line.

Colleges increasingly promote land acknowledgment statements that recognize indigenous ties to the land on which a college sits. On a list of syllabus “best practices,” UW’s computer science department encourages professors to include such a statement and suggests using language developed by the university’s diversity office “to acknowledge that our campus sits on occupied land.” The fact that the statement could be adapted seemed clear — until Reges wrote one that administrators did not like . . .

On Dec. 8, 2021, Reges criticized land acknowledgment statements in an email to faculty, and on Jan. 3, he included a modified version of UW’s example statement in his syllabus: “I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington.” Reges’s statement was a nod to John Locke’s philosophical theory that property rights are established by labor.

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America’s Crumbling Institutions and Their Discontents

America's Institutions are crumbling. We can see it all around us, according to this recent Gallop poll:

Jonathan Haidt comments on one of the main causes of institutional decay: The failure of institutions to nurture and encourage free and vigorous speech resulting in the lack of viewpoint diversity:

America’s institutions were once strong, he says.

“By the mid to late 20th century, America had the best epistemic institutions in the world, epistemic meaning institutions that generate knowledge, like universities, research institutes, intelligence agencies.

“Social media comes in and makes us afraid of dissent. Because if you tell a joke, if you raise a question, if you even so much as tweet, a link to a study, an academic study, that questions an orthodoxy about race, or gender, you can be fired for that.

“When critics go silent, the institution gets stupid.”

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Bari Weiss Invites All of Us to Become “Founders”

Bari Weiss is one of my heroes. She was forced off the staff of New York Times a few years ago because she refused to be muzzled on important issues of the day. She is now building her own media institution. I don't agree with her on everything, but I do see eye to eye with her on most of the topics of this podcast, an address she recently gave to a brand new college. One of her themes is that we need to bravely tell the truth, even when it causes people to dislike us. Even when they call us names. And we should never feel compelled to say things we don't believe to placate the mob. She invites each of us to avoid cynicism and to become "Founders."

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