by Gerald Dworkin
In a talk given some years ago at the University of Illinois Urbana (UIUC), which is the object of a boycott protesting the Salaita decision, I described myself as a “first amendment fanatic.” Having grown up in the era of McCarthyism as the child of a member of the Communist Party, having endured a mild amount of FBI scrutiny of my travel and organizational affiliations, surely contributed to this bias in favor of freedom of speech. The text I most enjoyed teaching by the philosopher I admire most, John Stuart Mill, is his defense of freedom of speech in On Liberty.
I have always been suspicious of bans on “hate speech” and thought a bit about how it might or might not differ from crimes which created additional punishments for particular victims of assaults. I was inclined to favor such additional sanctions for, say, the elderly who were more likely to be seriously injured by such assaults, and to be more fearful of using the streets. But I was inclined to oppose such increases for those attacked because of their race or sexual orientation. It smacked too much of punishing not just the acts but hateful thoughts as well.
This is where I stood when considering the question of whether to sign on to a petition to the Chancellor of the University UIUC condemning her action of de-hiring, or not appointing, or firing –depending on arcane views about the nature of contract law — Steven Salaita. I assume that many of the readers of this blog are aware of the wide-spread controversy, and proposed boycott–refusing to speak at the campus– of UIUC, by the academic community. Philosophers have been particularly prominent in this effort. For those who are new to this issue, here is some basic information, a critique of the decision, and a defense of it:
- https://www.insidehighered.com/news/2014/08/25/u-illinois-officials-defend-decision-deny-job-scholar-documents-show-lobbying
- https://www.insidehighered.com/views/2014/08/08/essay-criticizing-u-illinois-blocking-controversial-faculty-hire
- https://www.insidehighered.com/views/2014/08/08/essay-defends-university-illinois-decision-not-hire-steven-salaita
The issue is, as a matter of law, very complicated. Experts in contract law–does he have a valid contract before the Board of Trustees approves the appointment?– are divided on the matter. The constitutional issue seems clearer. The First Amendment has been long interpreted as forbidding state agencies–including public universities– from punishing employees for the expression of political viewpoints. But this is consistent with such agencies being able to ensure they can discharge their legitimate functions. So there is room–given various empirical assumptions–for the decision being upheld. But, absent any evidence that Salaita has made his classroom a hostile one by his tweets, it is likely that he is protected by the First Amendment.
However, I think that there are moral, political and institutional issues that arise in this case , and which are invoked by the protesters and the defenders, that need to be discussed in isolation from the purely legal issues. These are my focus in this blog post.
