Item 1: Go Bears!
Item 2: The unfortunate position (or rather non-position) that the ACLU is taking on the campus “HateGate” scandal. From the Berkeley ACLU mailing list:
Dear Berkeley ACLU members,
In regards to the current case involving Erika Williams and Sherman Boyson, the Berkeley ACLU has contacted our affiliate, the ACLU of Northern California, and they have informed us that we are not authorized to take a position on whether or not the University should take disciplinary action against Mr. Boyson. Our endorsement of the public hearing on racial justice issues was in line with ACLU policy, but we will not take any position on further actions resulting from this hearing.
If you have any questions feel free to contact the ACLU board or attend our next general meeting on November 29 at 7:00pm.
All the best,
The Berkeley ACLU Board
Now I have no affiliation with the ACLU, nor do I seek any, but I want to acknowledge that they do some good work from time to time. As a libertarian, I find some of their positions repulsive, and others not aggressive enough. Yet sometimes, they’re the only major voices sticking up for an important cause. That said, I’m very disappointed with the way that the ACLU-NC is treating its UC Berkeley chapter.
The campus ACLU co-hosted an event with BAMN to highlight accusations of campus discrimination. I question the wisdom of this decision, but it’s their right. When BAMN decided to turn from dialogue to a demand for dismissal of the employee in question, shouldn’t the co-hosts of the event get a say? Especially when the issue at hand is free speech, one of the ACLU’s core issues?
Shouldn’t the civil liberties group closest to the incident in question have some say in the matter? The ACLU of Northern California has half a state to worry about, so why not let the Berkeley ACLU take a stand against civil liberty abuses on the Berkeley campus? If not them, then who? Will they not be permitted to “take any position on further actions resulting from this hearing” even if the “further actions” include the censuring or dismisal of an employee based on private speech?
Could it be that the ACLU-NC values racial sensitivity over free speech? The affiliate has, in fact, turned its back on free speech advocates in the past. Nat Hentoff, one of my favorite disillusioned former ACLU members, on an important First Amendment case of the last decade:
ON AUG. 2, the Supreme Court of California, in a 4-3 decision, placed a prior restraint on speech, including a list of specifically forbidden words. This decision was abetted and encouraged by the American Civil Liberties Union of Northern California — and supported by ACLU headquarters in New York.
In Aguilar vs. Avis Rent-A-Car System, the court upheld an award of $135,000 in damages to Latino employees of Avis who had charged employment discrimination in the form of persistent racial epithets and insults by a supervisor, John Lawrence…
What also matters is that the ACLU — a paladin of free expression in so many areas — has now allowed itself to be gleefully cited by its opponents as agreeing that certain words can no longer be spoken in certain places before there is clear evidence that any of those words has created discrimination in a particular instance or in a particular context.
Now this case is a bit different from the one we now face, but it does demonstrate a willingness to place other concerns over free speech (a position that many free speech absolutists on the left and right have condemned). Perhaps this rogue group needs to learn a little something from their counterparts on the East. You might remember this case:
Joseph Locurto’s lawsuit, filed in Manhattan’s U.S. District Court, alleges that he was illegally suspended for exercising his free-speech rights and deprived of his job without due process.
Locurto, 30, acknowledges in court papers that on Sept. 7 he “participated in an offensive float in a parade” in Broad Channel, a virtually all-white Queens community on an island in Jamaica Bay…
The men on the float also wore blackface makeup and Afro or dreadlock-style wigs. They threw watermelons slices and fried chicken from the float and carried boom boxes.
Norman Siegel, the New York Civil Liberties Union lawyer who represents Locurto, said that when Mayor Rudolph Giuliani learned that city employees were part of the float’s activity, he said they would be fired…
Siegel said Locurto, a police officer since February 1994 and assigned to the 104th precinct in Queens, was suspended without pay for “off-the-job, private, expressive activity without any charges, and no hearing.”
which was, for the most part, resolved in 2003:
The decision handed down by U.S. District Judge John E. Sprizzo has far reaching implications beyond the three plaintiffs. The New York Civil Liberties Union, who defended Locurto, lauded the ruling as a victory for freedom of speech. “Expression is protected regardless of the content so long as it doesn’t disrupt their particular employment practices,” said Donna Leiberman.
Now this case could serve as a precedent for what may about to happen to Sherman Boyson, BAMN’s target. Punished for “off-the-job, private, expressive activity.” Yes, that sounds about right.
If the Northern California ACLU wants nothing to do with this case (for political reasons), they should at least authorize the campus chapter to take a position. If not, the members of the Berkeley ACLU may want to consider taking a stand, and risk the consequences for defending such a core value. And Berkeley students of all stripes: conservative, liberal, libertarian, should stand up with them.
We’ll keep you updated on this on-going drama.