L.W. Paradis
Democracy Now!
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Comments by "L.W. Paradis" (@l.w.paradis2108) on "Peter Beinart & Omer Bartov on UPenn President Resignation, Gaza & the Weaponization of Antisemitism" video.
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@elyg I'm pretty sure you never read Brandenburg v. Ohio, RAV v. St. Paul, the Westboro Baptist Church case, or any harassment case, or any book on propaganda, or free speech, or antisemitism, or anything, probably. Or listened to a single Glenn Greenwald talk on any of these issues, like, ever.
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@zephyrus001 The "context" (lord how I hate that word --- remember how it came out of the mouth of Amber Heard's "expert witness?") is a narrow one: its utterance during otherwise lawful assemblies in designated First Amendment fora like the quad. That is where Brandenburg v Ohio, RAV v City of St. Paul, etc., etc., apply --- and make no mistake, they do. They are not relevant in the dorms, dining halls, classrooms, amphitheaters, libraries, or pretty much anywhere else, and do not apply in the First Amendment fora, either, the moment one student or group singles out another for targeted harassment.
This is also a great example of First Amendment jurisprudence in another respect: plenty of legitimate Middle Eastern scholars will tell you calls for intifada are calls for resistance, not genocide. It's not up to government to censor them, absent a "compelling interest," a standard the government cannot meet in light of the cases mentioned, where laws against actual cross burning and Nazi symbols were struck down as unconstitutional.
Kind of sad when university presidents can't explain it. Isn't it? :/
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@zephyrus001 Where is the factual predicate here? There is no question that targeting and confronting a Jewish student individually and using words that can reasonably be construed as advocacy of genocide IS Title VI harassment. Who did that, at Harvard, MIT, or Pennsylvania? I'd expel them myself, and I'm sure they can find a lawyer to bring a civil suit for intentional infliction of emotional distress.
As for the rest, I support free speech in traditional or designated First Amendment fora. These standards of review are a long discussion, and I'm reading Chemerinsky again (his constitutional law textbook) even as we speak. His short book on campus speech, and Nadine Strossen's, are both must-read. If you don't agree with Strossen, she has nevertheless set the mark. Anyone who wants to say anything coherent about free speech, especially at university, has to grapple with her analysis.
Yes, she is that good. She explains exactly why odious speech is better left alone than suppressed, however counterintuitive that may be, with many examples.
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