In response to the racist-banana incident at the private American University – now under investigation by the U.S. attorney in D.C. as well as the FBI – the editorial board has declared that all colleges should censor students if someone thinks their speech or behavior is racist:
Two-bit provocations such as hanging nooses on campuses play on emotions made raw in the wake of a presidential campaign that featured the vilification of minorities and barely veiled race-baiting. For university administrators, the challenge is to address that legitimate pain with sensitivity and make crystal clear that racist signs, symbols and speech are off-limits.
UCLA Law Prof. Eugene Volokh, a First Amendment scholar, doesn’t try to explain away what appears to be a clear and chilling call for censorship from a legendary newspaper. He writes in his own Post column today:
This is an editorial, the product of carefully considered labor on the part of a group of people, not an extemporaneous remark …
And the editorial’s proposal is an awful idea. At public universities, it would violate the First Amendment; at private universities, it would violate many of the universities’ stated commitments to open debate, as well as basic principles of academic freedom.
The editorial board has no clue how wide a swath of speech it would be implicating, according to Volokh: Claims of “whites being an oppressor race” could just as easily be punished as bananas found hanging from makeshift nooses.
The same goes for criticizing Islam as illiberal, calling for stricter immigration limits or condemning Israeli policies:
All such advocacy that runs against university administrators’ political views would be deterred when “university administrators” “make crystal clear” that “racist … speech” — racist in the views of whatever disciplinary committee is making decisions — is “off-limits.”
Hans Bader, former lawyer in the Department of Education’s Office for Civil Rights, said in an email today the Post has reached the “opposite extreme” from its past position:
Once upon a time it called for Congress to pass Congressman Henry Hyde’s bill to ban campus speech codes even at private campuses. Of course, that was years ago, when moderate Democrats still existed. …