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January 15, 2007

The ultimate heckler's veto

For the past two years, anti-military protesters at the University of California at Santa Cruz have succeeded in shutting down job fairs that included military recruiters. Last year's protest was especially striking, coming as it did not only as a repeat of the previous year's performance, but hard on the heels of the Supreme Court's ruling that the Solomon Amendment is binding on all colleges and universities accepting federal funds, and that schools receiving such funds must therefore make sure that military recruiters have equal access to recruit students on campus.

Santa Cruz has thus positioned itself as an interesting test case in the wake of the ruling. On the one hand, the university is known for its politically active students, and it prizes them; on the other hand, the law is the law. Knowing that all eyes would be on them this year, Santa Cruz administrators had a tough decision to make--reign in student protesters, or avoid the problem altogether by shutting down the job fair in advance.

Although the latter option is clearly inferior to the former--students should have to stay within the law, and the university should be able to ensure that they do; all students should be able to explore as many career options as possible at campus-based job fairs--the scions of Santa Cruz have opted to cancel the upcoming January 31 job fair.

From the university's official statement:


Our campus has a strong tradition of supporting free speech, the right to demonstrate peacefully, and fundamental respect for the opinions of others. ... However, during the last two years, nearly every quarter has included events in which a few individuals chose to push their protests beyond civility and safety, challenging our Principles of Community and disrupting events to the detriment of others in the campus community.

The campus takes seriously its responsibility to protect the safety of the entire campus community, and we will continue our policy of using law enforcement to deal with all actions that threaten public safety.


This is the heckler's veto at work. Though the protesters aimed simply to scare off military recruiters, they have succeeded in depriving the entire study body of the right to participate in career recruitment that is potentially crucial to their futures. And they have done so because the administration, by its own admission, cannot maintain order on campus, and cannot ensure that students will respect the law.

Posted by acta online at January 15, 2007 08:17 AM

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Comments

Perhaps some good will come of this approach. Perhaps the students -- through the Associated Students perhaps -- will demand that the University restore the job fair and keep order. Perhaps.

Posted by: Mike at January 15, 2007 02:02 PM

Why is there no concern about teaching students how to properly voice dissent in society? All the school is teaching them is that if they physically attack others, they may well intimidate people into doing what they want. No one needs to go to college to learn that (but at least these kids aren't paying Columbia fees).

An essential function of higher education is to prepare students to function as informed, responsible participants in political culture. That entails teaching them to think clearly and to argue persuasively so as to convince others of the merits of their position. All they're learning at Santa Cruz is how to assault and batter people into compliance whenever they encounter someone who disagrees with them.

Does anyone there care that instead of teaching students how to communicate politically in a responsible, reasoned way, they are actively fostering student criminalty? Why not?

Posted by: Federal Dog at January 15, 2007 05:00 PM

F.D., have you spent much time around a university with student and other hecklers acting en masse? There is only so much you can do to "teach" them. Up to a point, it helps. Up to a point.

But if they are determined to shut things down, they will. You can arrest them and haul them off, but at that point, they've already ruined things. Unless the judges are willing to jail them for significant lengths of time, it doesn't do much good.

I don't know what the situation is at UCSC -- has the administration not really tried to put a stop to this? Or have they tried and given up?

Posted by: Mike at January 16, 2007 02:09 PM

I find it very odd that this is called a "heckler's veto." The university is banning a protest and trying to make the protestors look bad by banning the entire event. It's very clever PR, and it seems to have worked. But this kind of administrator censorship is the exact opposite of a heckler's veto. It's more like banning an event because you think there might be a heckler.

Posted by: John K. Wilson at January 16, 2007 06:02 PM

Does Santa Cruz not have a police department? I would find that surprising that they don't--but maybe it's just drastically understaffed, in which case why doesn't the PD (or the University) ask the Governator for some CNG troops to keep order?

Posted by: Kirk Parker at January 17, 2007 03:42 AM

"F.D., have you spent much time around a university with student and other hecklers acting en masse? There is only so much you can do to "teach" them."


I imagine that this post too will be deleted (I have no idea whatsoever why almost all my posts are being thrown off the site after being posted), but to some extent, yes -- at Berkeley. If the kids are acting out so much that they simply cannot be taught, they must be forcibly removed. There are, in fact, plenty of people are who trying to get an education, and if thugs are actively obviating that education, they must be removed, either temporarily or permanently (depending on the individual).


Posted by: Federal Dog at January 17, 2007 07:58 AM

Federal Dog--

There has been no intentional deletion of any of your posts. The site has, however, been inundated with spam comments (hundreds each day) and in the effort to delete those, it's possible that something you posted was accidentally deleted. If so, I apologize. Please feel free to re-post anything that has disappeared from the site.

Posted by: Erin O'Connor at January 17, 2007 08:17 AM

Thanks, Professor O'Connor. I honestly thought I had been repeatedly deleted, and could not understand what I had said to cause that. Thanks again for the clarification because I like this site and would have been sorry to have been excluded from it.

Posted by: Federal Dog at January 17, 2007 01:07 PM

Re removing the thugs: sometimes it's just not possible, or too much trouble to put the victims through. Sometimes the hecklers aren't students, by the way.

I know of a case where a U.S. Senator doesn't make public appearances on a certain state university campus, because they always turn into circuses. So, he has appearances with selected groups, unannounced. It is the choice of the senator, not the university, he just doesn't want to go through it.

It may be the same with the job fair. If you invite a bunch of people who want to hire students, and it turns into a circus for them, it may simply not be worth it.

Maybe it's better to tell the students they are losing an opportunity for employment. Maybe that is the best way to get their attention and "educate" them, get them to suppress the thugs, if it's possible.

I don't know the situation at UCSC, but I do know sometimes these problems are just not soluble by the university alone.

Posted by: Mike at January 17, 2007 07:35 PM

Mike wrote:

I know of a case where a U.S. Senator doesn't make public appearances on a certain state university campus, because they always turn into circuses. So, he has appearances with selected groups, unannounced. It is the choice of the senator, not the university, he just doesn't want to go through it.

Which -- to me -- is the definition of a heckler's veto.

,i>It may be the same with the job fair. If you invite a bunch of people who want to hire students, and it turns into a circus for them, it may simply not be worth it.

Which -- to me -- is the purpose of the disruption.

Clawmute

Posted by: Clawmute at January 17, 2007 08:24 PM

Clawmute: All true. But what to do about it? The senator doesn't want to come, the hecklers (who may not even be students) don't care about the penalties the law is willing to impose. What then?

Posted by: Mike at January 18, 2007 04:34 PM

Far be it for me to presume to tell our august institutions of higher learning how to mete out discipline to their unruly, undisciplined, uncivil and disruptive students . . . the ones who are allowed to exercise a "hecklers veto."

After all, one of the few areas where American universities have established true excellence is in forcing compliance with the rules they choose to enforce.

Historically, their actions included, but have not been limited to, the writing of essays expounding at length on the vices of violating the sensitivities of protected "others" and the virtues of self-censorship; mea cupas, retractions and apologies published publicly in school newspapers; re-education, in the form of "sensitivity sessions;" public censure and even suspension of students who were presumed guilty before all the evidence was in (as in Duke).

I doubt the issue is what can be done so much as it is the will to do it.

Clawmute

Posted by: Clawmute at January 21, 2007 01:37 PM

"the hecklers (who may not even be students) don't care about the penalties the law is willing to impose."


They will when they're imposed. As an attorney, I've seen the magical effect of criminal charges work wonders for lousy atitudes on numerous occasions.

The question is why UCSC is more devoted to protecting thugs than it is to education and scholarship. What exactly are they receiving from the attackers in exchange for sacrificing their own students?

Posted by: Federal Dog at January 21, 2007 04:54 PM

Some naivete here.

Claw: read what I said. The hecklers may not even be students. As probably was the case with the senator I mentioned. Kicking them out of school is not a help. Places like Santa Cruz have a lot of hangers-on.

Dog: it depends on what the local authorities are willing to do. They can't watch everything all the time. Where I live, they can't even keep up with the meth labs. Breaking and entering is practically not even a crime. The local prisons are full. They have little taste for locking up hecklers.

Posted by: Mike at January 21, 2007 10:37 PM

"They have little taste for locking up hecklers."


That would be a truly abnormal sanction (I have never seen incarceration ordered in a case like this): Rather, it's a question of a stiff money fine (restitution for damages/court costs), and contempt of court if anyone refuses to pay. Works wonders, and helps pays for the costs of prosecution too.

Posted by: Federal Dog at January 22, 2007 07:44 AM

Hard to fine impecunious radical hangers-on! Then they have to lock 'em up.

Posted by: Mike at January 22, 2007 04:50 PM

"Hard to fine impecunious radical hangers-on! Then they have to lock 'em up."


Whatever must be done so that the kids learn basic lessons about properly communicating dissent. Assault and battery is simply not an option. Kids must learn this basic lesson, especially since USCS cannot understand it, and has therefore failed miserably to teach it.

Posted by: Federal Dog at January 23, 2007 07:11 AM

Dog: You'll have to convince the Santa Cruz city council, not me. I really doubt that they care.

Posted by: Mike at January 23, 2007 02:31 PM

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