Editor’s note: Peter Wood gave a version of this talk at the Claremont Institute on April 7, 2016, at the event “Safe Spaces or Free Speech?” with Charles Kesler.
A long time ago—in 1994—the ever-provocative Stanley Fish published a book with the memorable title, There’s No Such Thing as Free Speech and It’s a Good Thing, Too. Fish wasn’t then thinking about the censorious left—Melissa Click at the University of Missouri, asking for some muscle over here; or Jerelyn Luther, the Yale undergraduate caught on video shrieking profanities at sociology professor Nicholas Christakis, because his wife had the audacity to suggest that students should feel free to wear Halloween costumes of their own choice. Nor was he thinking about sociology professor Patty Adler at the University of Colorado-Boulder threatened with forfeiture of her retirement benefits after students in her course, “Deviance in US Society,” filed a sexual harassment complaint because Adler staged role-playing exercises in which teaching assistants acted out the parts of characters in the global sex trade. Nor did he have in mind film professor Laura Kipnis, who became subject to a Kafka-esque inquisition at Northwestern University after student activists complained that an article she published in the Chronicle of Higher Education constituted sexual harassment. Kipnis had criticized “students’ sense of vulnerability” as “sexual paranoia.”
No such thing as free speech? As an empirical proposition, Fish’s declaration today could be substantiated at nearly all American colleges and universities. The freedom to say things, even manifestly true things, has been curtailed. And the freedom to argue things—to present claims backed by reason and scrupulous use of evidence—has been even more drastically limited.
Free Speech Hypocrisy
I don’t want to spend too much time establishing that these curtailments have, in fact, occurred. Across the political spectrum, there seems to be a consensus that “free speech” is in a kind of free-fall on campus. I cited the Adler and Kipnis cases because they play prominently in the AAUP’s new report, The History, Uses, and Abuses of Title IX, which is largely about how the feminist-inspired rule-making of the Office for Civil Rights in the U.S. Department of Education has somehow come back as a tool for more-radical-than-thou feminists to attack their not-radical-enough sisters. But as the AAUP report has garnered headlines in The New York Times and elsewhere in the liberal media, another story is playing out about the students at Emory University who were made to feel unsafe because someone had chalked “Trump 2016” on steps and sidewalks. Some 40 to 50 students assembled in the quad to protest the chalkings, chanting “You are not listening! Come speak to us; we are in pain!” The president of Emory, James Wagner, however, was listening and issued a sympathetic response about the protesters’ “expression of feelings and concern” rooted in “values regarding diversity and respect.” President Wagner attempted to thread the needle, speaking for “free speech” and anti-free speech in one go.