5. Most discussion of appropriate and inappropriate restrictions on speech on campus are not based on legal requirements, but on ideals of freedom of thought and inquiry that universities are (often uniquely) thought to stand for. (Recall that even Marcuse, in his critique of "repressive tolerance" for harmful expression, thought universities should be bastions of unbridled expression....)
Absolute fucking bullshit. Academia polices speech in ways the government can't.
McWhorter and Rauchway and Ronell and Tushnet
Hüppauf is honest
The university belongs, like the church and the military, to the social institutions that are situated at a considerable distance from democracy and adhere to premodern power structures.
I grew up listening to legal discussions of the First Amendment and freedom of speech, arguments about the principle and the Constitution. Supreme Court justices were acknowledged as political appointees and mostly mediocre minds. And these were debates among lawyers and others involved in cases at the lowest level, who were advocates for people, not ideas. This is how change happens, how principles are preserved, expanded, shaped. The Supreme Court makes government policy; rulings can't define the terms of debate (see the idiot Tushnet, above). The same applies to discussions of foreign policy among those who eschew easy definitions of the foreign. This is what it means to be intellectually serious. Left to its own devices authority serves only itself.
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