RUTHFULLY YOURS

Amid a national debate about due process and fairness in campus Title IX adjudications, Justice Ruth Bader Ginsburg recently observed, “there’s been criticism of some college codes of conduct for not giving the accused person a fair opportunity to be heard, and that’s one of the basic tenets of our system, as you know: everyone deserves a fair hearing.” Few academics have more powerfully made these criticisms than Northwestern University professor Laura Kipnis, whose 2015 Chronicle of Higher Education essay lambasting Title IX’s application to campus sexual-assault and harassment allegations prompted a university Title IX investigation—against Kipnis herself. Though Kipnis was exonerated, the investigation was a form of punishment, since professors normally aren’t questioned by lawyers hired by their school as the result of publishing in their area of expertise. The experience prompted Kipnis to write Unwanted Advances: Sexual Paranoia Comes to Campus, which explores how Title IX has come to threaten the rights not only of accused students but also of faculty.

One chapter of Unwanted Advances took readers inside a Northwestern University sexual-assault and harassment hearing against philosophy professor Peter Ludlow. Though the university cleared Ludlow of his sexual-assault charges, it found him guilty of sexual harassment, and he resigned. Kipnis lawfully obtained the university’s investigative file and about 1,000 text messages between Ludlow and one of his accusers, a female graduate student.

The graduate student, Lauren Ledyon-Hardy, was a Kipnis critic before the book appeared, twice criticizing her in op-eds in which she charged Kipnis with violating the Northwestern faculty handbook by writing an “alarmingly inaccurate” essay in the Chronicle of Higher Education. She further denounced Kipnis’s “repugnant moral and political views” and hailed the parties who filed Title IX complaints against the professor as “pretty reasonable”—without revealing that she was speaking of herself. Ledyon-Hardy’s conduct exemplifies Harvard law professor Jeannie Suk Gersen’s concern that “Title IX is too often conscripted to serve purposes antithetical to the education of citizens in a democracy, in which disagreement, dissent, or disapproval should lead to argument, not to an infinite loop of institutional investigation.”

After Unwanted Advances appeared, Ledyon-Hardy turned to the courts, alleging that Kipnis’s book was defamatory and improperly disclosed private facts. Her complaint faulted Kipnis for falsely portraying her as excessively “litigious”—a complaint that Ledyon-Hardy ironically sees as remediable through a federal lawsuit. The lawsuit’s core, which focused on Ledyon-Hardy’s disagreement with how Kipnis presented evidence, threatens both academic freedom and investigative work about Title IX. Yet U.S. District Court Judge Jack Blakey has greenlighted the suit. The judge tipped his hand when he allowed Ledyon-Hardy to litigate under a pseudonym—despite her previous op-eds, signed with her real name, criticizing Kipnis. (Kipnis and her publisher, HarperCollins, have filed a response to the complaint, and discovery has commenced in the case. The next stage, absent a settlement, would be motions for summary judgment before the district court.)

Springtime means rebirth, baseball, and . . . new stories about how 99.89 percent of college-graduation speakers are certified lefties. Those of us with opposing viewpoints are left with few options; most of us just suck it up, grin, and sit there — although the grinning part is becoming more of a challenge. You see, our side of the aisle is not so easily agitated into social-protest mode. Still, it would be refreshing to hear at least one college president come clean in his commencement remarks. Just put it all out there for (progressive) mass consumption. To wit:

Hello, everyone . . . Happy Graduation!

Four years of relentless indoctrination is now complete. Most of you no longer trust markets, capitalism, or your parents. You are now officially social-justice warriors; you truly “Feel the Bern.” Accordingly, our job is done. But before you leave for the real world — a hate-filled place without safe spaces, speech codes, Play-Doh, warm cookies, and coloring books to help you “recuperate” from dissenting points of view — a few words of review, and caution.

In the good-news department, our annual giving goal of $1 billion was easily surpassed last year. The school’s endowment is now $59 billion, which means only a 6.5 percent tuition-rate increase for next year! For this good fortune, I can only thank the deity that I am forbidden to mention by name under threat of ACLU lawsuit. So thanks to this unnamed deity for maintaining such high demand for our elite degree among so many of your status-seeking but naïve parents.

More good news: We are excited to announce the construction of what our faculty are calling “Fascist City.” This complex will consist of a number of poorly constructed buildings that our students will be encouraged to destroy whenever a conservative speaker arrives on campus. In this way, our young activists can meet and riot at a central location with no fear of police brutality. Further, our faculty have agreed to purchase and supply bricks (for throwing) free of charge. I also want to thank the newly salaried student government of our very own campus political party, “Bernie’s Young Socialists,” for contributing fire-resistant protest signs (so they may be repurposed). One can never be too environmentally conscious when protesting “the man”!

Editor’s Note: The following piece first appeared on Josh Blackman’s blog. It is adapted and reprinted here with permission.

On Thursday, March 29, students at the City University of New York School of Law protested and heckled my lecture about free speech on campus. You can watch video of the entire event, which lasted about 70 minutes, below. The protest and heckling took place during the first eight minutes of the recording.

In this post, I will recount the events that led up to the protest, and describe my experiences during the encounter. In future writings, I will provide my own commentary. Here, I will try to lay out the facts to the best of my recollection, aided by the (sometimes) inaudible recording.

In October, the CUNY School of Law Federalist Society invited me to speak on a panel discussion about theories of constitutional interpretation. I had planned to speak about originalism. Alas, the students were not able to find any other professors who were willing to participate in the event. After several rounds of emails, I suggested an event about free speech on campus. It is a talk I had given before, without any problems, at Southern Illinois, Texas Southern University, the University of Massachusetts, Barry University, the University of Oregon, and my home institution, the South Texas College of Law Houston. The Federalist Society chapter agreed that this would be a good topic for CUNY. Alas, once again, the chapter was unable to find any other professor who would participate in the event. (This is fairly common.)

Three days before the event, the president of the chapter wrote, “We passed out the flyers today (first day back from spring break) and a large number of students are already up in arms about the event.” The Office of Student Affairs explained that “some enraged students, . . . apparently, are planning to protest.” I asked why they were protesting. The president provided an explanation:

These students saw first, that this is a Federalist Society event; and second, they saw a few of your writings (specifically a National Review article praising Sessions for rescinding DACA and ACA), and instantly assume you’re racist; and third, our event being titled about free speech is reminiscent of events that claim free speech just to invite people like Milo Yiannopoulos and Ann Coulter.

He explained that “we have the support of the administration” and the event would proceed as scheduled.

Hours before the event began, Mary Lu Bilek, the dean of CUNY Law, sent an email to all students:

As a law school, a public institution, and a school within the CUNY system, we are committed to academic freedom, the free exchange of ideas, and expression of all points of view, including the freedom to disagree with the viewpoints of others.

Students at the City University of New York (CUNY) Law School protested and attempted to shut down a lecture on free speech by accusing the speaker of holding racist views and belittling his commitment to the rule of law.

Josh Blackman, a newly tenured professor at the South Texas College of Law Houston, was invited to campus by the CUNY Law School Federalist Society, and had prepared a lecture on free speech. Three days before the event, the president of the Federalist Society chapter informed Blackman that a group of “enraged” students intended to protest his lecture but assured him that he had the administration’s full support.

“These students saw first, that this is a Federalist Society event; and second, they saw a few of your writings (specifically a National Review article praising Sessions for rescinding DACA and ACA), and instantly assume you’re racist; and third, our event being titled about free speech is reminiscent of events that claim free speech just to invite people like Milo Yiannopoulos and Ann Coulter,” the chapter president told Blackman.

Upon arriving at the event, Blackman was met by dozens of law students shouting phrases such as “Legal objectivity is a myth” and “He’s a white supremacist,” according to his account, which is corroborated by a video of the incident.

Most of the protesters were carrying signs with messages espousing their support for social equality and assigning racist motives to Blackman.

Is this just a gratifying dream or a frightful, dangerous fancy: to have a government agency that cracks down on the sources of intellectual and spiritual pollution the way the Environmental Protection Agency treats manufacturers that produce toxic pollutants?

The dream is reality, at least in part, as evidenced by the recent intervention and inquiry of the Department of Justice in lawsuits against Harvard and other elite colleges and universities. The real monster here is not expanded powers of government that might endanger free minds in higher education but rather the administrative state itself that, of course, gets its brains from these institutions.

The administrative state, which the Trump Administration intends to “deconstruct,” is a hulking monstrosity of bold bureaucracy and supine elected officials that has replaced constitutional government in the United States.

Harvard and other elite colleges have recently attracted the attention of the Trump Department of Justice. The issues include long-suspected discrimination against Asian-Americans in admissions at Harvard and collusion (that is, a conspiracy!) on early decisions in admissions. To prove this in court, the accusers would need access to admissions committees’ data and decision-making. The universities plead privacy and protection of trade secrets about their admissions decisions and financial-aid calculations.

Might colleges violate “antitrust laws by exchanging information about prospective students who make early decision commitments”?

Early decision (narrower than early application) requires students who are accepted to commit to that institution—and no other. This practice requires an applicant to take an offer without being able to compare financial aid packages. “Early decision programs have afforded some colleges nearly half of their freshman classes”—Duke University, for example. One education consultant observed, “only about 200 schools of the more than 4,000 in the country use early decision. ‘Given that this doesn’t affect many schools, or many students, it’s the ultimate first-world problem.’”

Cornell University is so bad at conducting sex assault and harassment investigations that 23 professors from its law school have filed a brief in court to require the school to follow its own policies.

Cornell, apparently in its zeal to appease the media and culture created by the Obama administration, is denying male students accused of sexual assault proper due process procedures, according to multiple lawsuits against the university. Now, a third of its law school professors are defending one of those students who filed a suit.

Colleges and universities typically fall back on the defense that at least they followed their own policies when denying a male student due process rights. But Cornell isn’t even doing that. Professor Sheri Lynn Johnson, who filed the brief, asserts that Cornell didn’t provide an accused student the right “to test his accuser’s account of events and credibility by having a disciplinary hearing panel ask his accuser proper questions that he proposes,” which is granted to students in Cornell policy.

Although the brief specifically addresses this policy in one case, the professors note they are “concerned more generally with whether Cornell respects this and other procedural protections in its Title IX policy going forward and whether courts properly interpret the policy.”

The specific case included in the brief involves the pseudonymous John Doe and his accuser, referred to as Sally Roe. Sally made inconsistent statements throughout the investigation and hearing, and even though John submitted questions to the hearing panel to be asked of her, none of his questions were asked.

While congresscritters expressed outrage at Facebook’s intrusive data grabs during Capitol Hill hearings with Mark Zuckerberg this week, not a peep was heard about the Silicon Valley–Beltway theft ring purloining the personal information and browsing habits of millions of American schoolchildren.

It doesn’t take undercover investigative journalists to unmask the massive privacy invasion enabled by educational technology and federal mandates. The kiddie data heist is happening out in the open — with Washington politicians and bureaucrats as brazen co-conspirators.

Facebook is just one of the tech giants partnering with the U.S. Department of Education and schools nationwide in pursuit of student data for meddling and profit. Google, Apple, Microsoft, Pearson, Knewton, and many more are cashing in on the Big Data boondoggle. State and federal educational databases provide countless opportunities for private companies exploiting public schoolchildren subjected to annual assessments, which exploded after adoption of the tech-industry-supported Common Core “standards,” tests, and aligned texts and curricula.

The recently passed Every Student Succeeds Act further enshrined government collection of personally identifiable information — including data collected on attitudes, values, beliefs, and dispositions — and allows release of the data to third-party contractors thanks to Obama-era loopholes carved into the Family Education Rights and Privacy Act.

College continues to get more interesting. One young man who missed 15 out of 28 days of school explains that he and “his ex-girlfriend just had a baby.” When asked who would take care of the baby, the boy (also a product of a single-mother household) said his mother and the girl’s mother needed to work this out. Although he admitted that his girlfriend had used birth control for two years, by the “third year, it didn’t seem that necessary.” While he was happy about the baby, the young man also explained that he wasn’t even sure the baby is his, so he was scheduled to have a DNA test soon.

Nothing like common sense, fidelity, and future planning!

But did you know that in the inverted world of education today, if a student has a baby, then more financial aid is available? Indeed! Consequently, students are being told by their college advisers that they should get pregnant. Even some of the students are appalled at this suggestion. But then there are those who proclaim that “the money comes from the government,” implying that it is not really problematic. Deliberately unschooled in how things actually work, and already the recipients of financial assistance, these students see government as the ultimate security blanket. There is no connection to the idea that government comprises taxpayers.

What a wonderful idea – to have a money tree somewhere pumping out financial aid ad infinitum!

Should we be surprised, given what has been documented in the booklet titled “Leftist Indoctrination in Our K-12 Public Schools” by Sara Dogan and Peter Collier? In Edina, Minnesota, the Highlands Elementary School students write poems that link “the anti-police and racially divisive Black Lives Matter movement with peace.” The principal reproduced Black Lives Matter’s own website, which states that its members “are committed to disrupting the Western-prescribed nuclear family structure requirement by supporting each other as extended families and villages.”

Then there is the book titled A is for Activist, which features “C is for Creative Counter to Corporate Vultures, E is for environmental justice, T is for Trans. X is for Malcolm. As in Malcolm X.” It is billed as an “ABC board book written and illustrated for the next generation of progressives[.]”

In Ithaca, New York, the Beverly J. Martin Elementary School students sat through a presentation featuring Bassem Tamimi, who videos his own children sharing a message that “we [Palestinians] don’t like that Israel kill [sic] us, kill Gaza, kill Palestinian[.]” Actual facts be damned.

Brown University costs $73,000 per year to attend.

The Brown University Health Services office now offers “safe spaces for men” to help them “unlearn toxic masculinity” and combat traditional notions of “what it means to be a man.”

Viewing masculinity as if it were a public health crisis, “Unlearning Toxic Masculinity” offers a three-pronged approach for helping male students recover: a weekly discussion group to unlearn “toxic masculine norms,” a biannual magazine, and a video series.

The crux of the programming revolves around Masculinity 101 Peer Education, a peer-to-peer weekly discussion group that convenes male students to talk about issues such as “Cultivating Empathy” and “Harm and Healing.”

Eight students have already been hired to facilitate these workshops, PJ Media has learned. According to the program description, the workshops vow to teach students what “healthier norms of masculinity can and should look like.”

Warns Brown University: “Modern society is quick to bestow unearned privilege on men … there is nothing in place to teach men — young men especially — how to avoid abusing that privilege or how to leverage it for good.”

Unlike programming at other schools, the Masculinity 101 Peer Education program notes that it is open to all students regardless of gender, and especially since its programming also is dedicated to destroying the male-female gender binary.