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Don’t give campus censors more power — they’ll double down on woke agenda

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From the MacDonald Laurier Institute

By Bruce Pardy

Expression on campus is already subject to the laws of the land, which prohibit assault, defamation, harassment, and more. The university has no need for a policy to adopt these laws and no power to avoid them.

Last Saturday, Liz Magill resigned as president of the University of Pennsylvania. Four days earlier she had testified before Congress about campus antisemitism. Does calling for the genocide of Jews violate Penn’s code of conduct? “It is a context-dependent decision,” Magill equivocated. Billionaire hedge fund manager Bill Ackman launched a campaign calling for Magill to step down, along with the presidents of Harvard and MIT, who testified alongside her. Their reluctance to condemn revealed a double standard. That double standard, like the titillation of a scandal, has distracted from the bigger mistake. Universities should not police the content of expression on their campuses.

In 2019, I invited a member of Penn’s law school to give a lecture at Queen’s University, where I teach. Some students at my law school launched a petition to prevent the talk. To their credit, administrators at Queen’s did not heed the call, even though the professor I invited, Amy Wax, had become a controversial academic figure. In 2017, she championed “bourgeois culture” in an opinion essay in the Philadelphia Inquirer (with Larry Alexander of the University of San Diego). The piece suggested that the breakdown of post-Second World War norms was producing social decay. Some cultures are less able than others, it argued, to prepare people to be productive citizens. Students and professors condemned the column as hate speech. It was racist, white supremacist, xenophobic and “heteropatriarchal,” they said.

Wax was not deterred. She continued to comment about laws and policies on social welfare, affirmative action, immigration, and race. When she was critical of Penn Law’s affirmative action program, the dean barred her from teaching first-year law students. In June 2023, he filed a disciplinary complaint against her, seeking to strip her of tenure and fire her. It accused Wax of “intentional and incessant racist, sexist, xenophobic and homophobic actions and statements.” The complaint alleged that she had violated the university’s non-discrimination policies and Principles of Responsible Conduct. But unlike others, allegedly, on Penn’s campus, Wax had not called for, nor was she accused of calling for, violence or genocide. She continues to wait for a decision in her case.

For years, North American universities have embraced certain political causes and blacklisted others. To stay out of trouble, choose carefully what you say. You can accuse men of toxic masculinity, but don’t declare that transgender women are men. You can say that black lives matter, but not that white lives matter too. Don’t suggest that men on average are better at some things and women at others, even if that is what the data says. Don’t attribute differential achievement between races to anything but racism, even if the evidence says otherwise. Don’t eschew the ideology of equity, diversity, and inclusion if you want funding for your research project. You can blame white people for anything. And if the context is right, maybe you can call for the genocide of Jews. Double standards on speech have become embedded in university culture.

Universities should not supervise speech. Expression on campus is already subject to the laws of the land, which prohibit assault, defamation, harassment, and more. The university has no need for a policy to adopt these laws and no power to avoid them. If during class I accuse two colleagues of cheating on their taxes, they can sue me for defamation. If I advocate genocide, the police can charge me under the Criminal Code.

In principle, universities should be empty shells. Professors and students have opinions, but universities should not. But instead, they have become political institutions. They disapprove of expression that conflicts with their social justice mission. Speech on campus is more restricted than in the town square.

The principle that universities should not supervise speech has a legitimate exception. Expression should be free but should not interfere with the rights of others to speak and to listen. On campus, rules that limit how, when, and where you may shout from the rooftops preserve the rights of your peers. Any student or professor can opine about the Ukrainian war, but not during math class. Protesters can disagree with visiting speakers but have no right to shout them down. Such rules do not regulate the content of speech, but its time and place. If you write a column in the student newspaper or argue your case in a debate, you interfere with no one. The university should have no interest in what you say.

Penn donors helped push Magill out the door. In the face of rising antisemitism, more donors and alumni in the U.S. and Canada are urging their alma maters to punish hateful expression. They have good intentions but are making a mistake. They want universities to use an even larger stick to censure speech. Having witnessed universities exercise their powers poorly, they seek to give them more. Universities will not use that larger stick in the way these alumni intend. Instead, in the long run, they will double down on their double standards. They are more likely to wield the stick against the next Amy Wax than against woke anti-Semites.

The way to defeat double standards on speech is to demand no standards at all. Less, not more, oversight from universities on speech is the answer. If a campus mob advocates genocide, call the police. The police, not the universities, enforce the laws of the land.

Bruce Pardy is executive director of Rights Probe and professor of law at Queen’s University.

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Crime

The Left Thinks Drug Criminalization Is Racist. Minorities Disagree

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[This article was originally published in City Journal, a public policy magazine and website published by the Manhattan Institute for Policy Research]

By Adam Zivo

A Canadian poll finds that racial minorities don’t believe drug enforcement is bigoted.

Is drug prohibition racist? Many left-wing institutions seem to think so. But their argument is historically illiterate—and it contradicts recent polling data, too, which show that minorities overwhelmingly reject that view.

Policies and laws are tools to establish order. Like any tool, they can be abused. The first drug laws in North America, dating back to the late nineteenth and early twentieth centuries, arguably fixated on opium as a legal pretext to harass Asian immigrants, for example. But no reasonable person would argue that laws against home invasion, murder, or theft are “racist” because they have been misapplied in past cases. Absent supporting evidence, leaping from “this tool is sometimes used in racist ways” to “this tool is essentially racist” is kindergarten-level reasoning.

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Yet this is precisely what institutions and activist groups throughout the Western world have done. The Drug Policy Alliance, a U.S.-based organization, suggests that drug prohibition is rooted in “racism and fear.” Harm Reduction International, a British NGO, argues for legalization on the grounds that drug prohibition entrenches “racialized hierarchies, which were established under colonial control and continue to dominate today.” In Canada, where I live, the top public health official in British Columbia, our most drug-permissive province, released a pro-legalization report last summer claiming that prohibition is “based on a history of racism, white supremacy, paternalism, colonialism, classism and human rights violations.”

These claims ignore how drug prohibition has been and remains popular in many non-European societies. Sharia law has banned the use of mind-altering substances since the seventh century. When Indigenous leaders negotiated treaties with Canadian colonists in the late 1800s, they asked for  “the exclusion of fire water (whiskey)” from their communities. That same century, China’s Qing Empire banned opium amid a national addiction crisis. “Opium is a poison, undermining our good customs and morality,” the Daoguang emperor wrote in an 1810 edict.

Today, Asian and Muslim jurisdictions impose much stiffer penalties on drug offenders than do Western nations. In countries like China, Saudi Arabia, Iran, Singapore, and Thailand, addicts and traffickers are given lengthy prison sentences or executed. Meantime, in Canada and the United States, de facto decriminalization has left urban cores littered with syringes and shrouded in clouds of meth.

The anti-drug backlash building in North America appears to be spearheaded by racial minorities. When Chesa Boudin, San Francisco’s former district attorney, was recalled in 2022, support for his ouster was highest among Asian voters. Last fall, 73 percent of Latinos backed California’s Proposition 36, which heightened penalties for drug crimes, while only 58 percent of white respondents did.

In Canada, the first signs of a parallel trend emerged during Vancouver’s 2022 municipal election, where an apparent surge in Chinese Canadian support helped install a slate of pro-police candidates. Then, in British Columbia’s provincial election last autumn, nonwhite voters strongly preferred the BC Conservatives, who campaigned on stricter drug laws. And in last month’s federal election, within both Vancouver and Toronto’s metropolitan areas, tough-on-crime conservatives received considerable support from South Asian communities.

These are all strong indicators that racial minorities do not, in fact, universally favor drug legalization. But their small population share means there is relatively little polling data to measure their preferences. Since only 7.6 percent of Americans are Asian, for example, a poll of 1,000 randomly selected people will yield an average of only 76 Asian respondents—too small a sample from which to draw meaningful conclusions. You can overcome this barrier by commissioning very large polls, but that’s expensive.

Nonetheless, last autumn, the Centre for Responsible Drug Policy (a nonprofit I founded and operate) did just that. In partnership with the Macdonald-Laurier Institute, we contracted Mainstreet Research to ask over 12,000 British Columbians: “Do you agree or disagree that criminalizing drugs is racist?”

The results undermine progressives’ assumptions. Only 26 percent of nonwhite respondents agreed (either strongly or weakly) that drug criminalization is racist, while over twice as many (56 percent) disagreed. The share of nonwhite respondents who strongly disagreed was three times larger than the share that strongly agreed (43.2 percent versus 14.3 percent). These results are fairly conclusive for this jurisdiction, given the poll’s sample size of 2,233 nonwhite respondents and a margin of error of 2 percent.

Notably, Indigenous respondents seemed to be the most anti-drug ethnic group: only 20 percent agreed (weakly or strongly) with the “criminalization is racist” narrative, while 61 percent disagreed. Once again, those who disagreed were much more vehement than those who agreed. With a sample size of 399 respondents, the margin of error here (5 percent) is too small to confound these dramatic results.

We saw similar outcomes for other minority groups, such as South Asians, Southeast Asians, Latinos, and blacks. While Middle Eastern respondents also seemed to follow this trend, the poll included too few of them to draw definitive conclusions. Only East Asians were divided on the issue, though a clear majority still disagreed that criminalization is racist.

As this poll was limited to British Columbian respondents, our findings cannot necessarily be assumed to hold throughout Canada and the United States. But since the province is arguably the most drug-permissive jurisdiction within the two countries, these results could represent the ceiling of pro-drug, anti-criminalization attitudes among minority communities.

Legalization proponents and their progressive allies take pride in being “anti-racist.” Our polling, however, suggests that they are not listening to the communities they profess to care about.

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Business

Dallas mayor invites NYers to first ‘sanctuary city from socialism’

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From The Center Square

By

After the self-described socialist Zohran Mamdani won the Democratic primary for mayor in New York, Dallas Mayor Eric Johnson invited New Yorkers and others to move to Dallas.

Mamdani has vowed to implement a wide range of tax increases on corporations and property and to “shift the tax burden” to “richer and whiter neighborhoods.”

New York businesses and individuals have already been relocating to states like Texas, which has no corporate or personal income taxes.

Johnson, a Black mayor and former Democrat, switched parties to become a Republican in 2023 after opposing a city council tax hike, The Center Square reported.

“Dear Concerned New York City Resident or Business Owner: Don’t panic,” Johnson said. “Just move to Dallas, where we strongly support our police, value our partners in the business community, embrace free markets, shun excessive regulation, and protect the American Dream!”

Fortune 500 companies and others in recent years continue to relocate their headquarters to Dallas; it’s also home to the new Texas Stock Exchange (TXSE). The TXSE will provide an alternative to the New York Stock Exchange and Nasdaq and there are already more finance professionals in Texas than in New York, TXSE Group Inc. founder and CEO James Lee argues.

From 2020-2023, the Dallas-Fort Worth-Arlington MSA reported the greatest percentage of growth in the country of 34%, The Center Square reported.

Johnson on Thursday continued his invitation to New Yorkers and others living in “socialist” sanctuary cities, saying on social media, “If your city is (or is about to be) a sanctuary for criminals, mayhem, job-killing regulations, and failed socialist experiments, I have a modest invitation for you: MOVE TO DALLAS. You can call us the nation’s first official ‘Sanctuary City from Socialism.’”

“We value free enterprise, law and order, and our first responders. Common sense and the American Dream still reside here. We have all your big-city comforts and conveniences without the suffocating vice grip of government bureaucrats.”

As many Democratic-led cities joined a movement to defund their police departments, Johnson prioritized police funding and supporting law and order.

“Back in the 1800s, people moving to Texas for greater opportunities would etch ‘GTT’ for ‘Gone to Texas’ on their doors moving to the Mexican colony of Tejas,” Johnson continued, referring to Americans who moved to the Mexican colony of Tejas to acquire land grants from the Mexican government.

“If you’re a New Yorker heading to Dallas, maybe try ‘GTD’ to let fellow lovers of law and order know where you’ve gone,” Johnson said.

Modern-day GTT movers, including a large number of New Yorkers, cite high personal income taxes, high property taxes, high costs of living, high crime, and other factors as their reasons for leaving their states and moving to Texas, according to multiple reports over the last few years.

In response to Johnson’s invitation, Gov. Greg Abbott said, “Dallas is the first self-declared “Sanctuary City from Socialism. The State of Texas will provide whatever support is needed to fulfill that mission.”

The governor has already been doing this by signing pro-business bills into law and awarding Texas Enterprise Grants to businesses that relocate or expand operations in Texas, many of which are doing so in the Dallas area.

“Texas truly is the Best State for Business and stands as a model for the nation,” Abbott said. “Freedom is a magnet, and Texas offers entrepreneurs and hardworking Texans the freedom to succeed. When choosing where to relocate or expand their businesses, more innovative industry leaders recognize the competitive advantages found only in Texas. The nation’s leading CEOs continually cite our pro-growth economic policies – with no corporate income tax and no personal income tax – along with our young, skilled, diverse, and growing workforce, easy access to global markets, robust infrastructure, and predictable business-friendly regulations.”

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