Wendy Kaminer on the District of Columbia (DC) City Council’s proposed anti-bullying rules:
It started on college and university campuses, where repressive speech codes have been teaching generations of students that they have no right to offend someone, anyone, who can claim membership in a growing list of presumptively disadvantaged groups.
Now, this mindlessly censorious movement to force us to be nice to each other is encroaching on public life, off-campus: The District of Columbia (DC) City Council is considering banning the ‘harassment, intimidation, or bullying’ of students in public libraries and parks, as well as schools (including the District’s public university). Bureaucrats in charge of all relevant supervisory agencies are required to promulgate detailed policies that define bullying and harassment ‘no less inclusively’ than the City Council.
It would be difficult to define bullying more inclusively: according to the council bill, ‘harassment, intimidation or bullying’ is ‘any gesture or written, verbal or physical act, including electronic communication, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, colour, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory handicap, or by any other distinguishing characteristic’, which a ‘reasonable person’ would foresee as effectively intimidating or harmful to students or their property, or as effectively ‘insulting or demeaning’ to any student or group of students so as to disrupt ‘the orderly operation of a school, university, recreational facility, or library’.
Don’t bother trying to figure out what this vague and verbose definition of bullying includes. Focus instead what it might exclude — not much. Virtually no speech or behaviour that a student self-conscious about any ‘distinguishing characteristic’ might consider hurtful or that a petty bureaucrat might find offensive is beyond the reach of this ban. Its scope is simply breathtaking; although, sad to say, the ‘inclusiveness’ of this bill doesn’t distinguish it from other state and local bullying laws or campus speech codes. It is, however, shamefully distinguished by its application outside of schools to public libraries and parks. Imposing a subjective sensitivity code on the general public, it displays an astonishing contempt for the most obvious and fundamental freedoms of speech and belief, as well as astonishing ignorance of constitutional rights.
2. The problem with demanding a campus free of “implied threats” is illustrated by this case. Campus police first censored a poster of an imaginary space cowboy with a fan-pleasing quote. Next, just to say FUCK YOU IRONY they used threats of official retaliation against a poster condemning threats of official retaliation. No rational person could construe either poster as a threat, actual or implied, to commit violence against any person (although I suppose the second could be construed as a warning — a correct one — that thugs will act thuggishly when questioned.) If a rational person wouldn’t take it as an actual threat of violence, then it’s not a true threat that can be censored, however much the hysterical, irrational, nanny-stating, coddling, or professionally emo think about it, and however much university chancellors would like to believe otherwise.
Dateline: Wisconsin. At the University of Wisconsin-Stout, theater professor James Miller put up a poster on his door with an image of Nathan Fillon in the character of Captain Malcolm Reynolds with one of Mal’s better lines: “You don’t know me, son, so let me explain this to you once: If I ever kill you, you’ll be awake. You’ll be facing me. And you’ll be armed.”
