A Terrible Example of Potential Speech Suppression

A group of Harvard Law professors wrote an editorial a while back criticizing parts of the movie "A Hunting Ground" -- a movie that from every thing I have seen offers a pretty fertile ground for criticism.   Now, it appears that makers of the movie are considering using Title IX to suppress this criticism they don't like, arguing that since they are (to them) obviously the defenders of women, anyone who criticizes them must be attacking women.  Suffice it to say that this is pretty far afield from what Title IX was meant to accomplish.

One of the professors, Jeannie Suk wrote in the New Yorker:

But last week the filmmakers did more than understandably disagree with criticism of the film, which has been short-listed for the Academy Award for best documentary. They wrote, in a statement to the Harvard Crimson, that “the very public bias these professors have shown in favor of an assailant contributes to a hostile climate at Harvard Law.” The words “hostile climate” contain a serious claim. At Harvard, sexual harassment is “unwelcome conduct of a sexual nature,” including verbal conduct that is “sufficiently persistent, pervasive, or severe” so as to create a “hostile environment.” If, as the filmmakers suggest, the professors’ statement about the film has created a hostile environment at the school, then, under Title IX, the professors should be investigated and potentially disciplined.

To my knowledge, no complaint of sexual harassment has been filed with Harvard’s Title IX office—though I’ve been told by a high-level administrator that several people have inquired about the possibility—and I don’t know if the school would proceed with an investigation. Precedent for such an investigation exists in the case of Laura Kipnis, a feminist film-studies professor at Northwestern University, who earlier this year wrote an article criticizing aspects of Title IX policies and culture and was accused of creating a hostile environment on campus; Northwestern conducted an investigation and ultimately cleared Kipnis of sexual-harassment charges. A handful of students have said that they feel unsafe at Harvard because of the professors’ statement about the film. If a Title IX complaint were filed and an investigation launched, the professors wouldn’t be permitted to speak about it, as that could be considered “retaliation” against those who filed the complaint, which would violate the campus sexual-harassment policy.

It's Stalinists all the way down.

2 Comments

  1. ReallyOldOne:

    Little Brown Shirts in the making. Use the state to punish those who disagree with you.

  2. Mercury:

    I WILL NOT REST until Harvard lawyers of all sexes can feel safe prosecuting their social lives on campus.
    Seriously, can we start a campaign to heavily arm both sides in this conflict?