Pat Powers continues to bang the drum for
House Bill 1087, legislation that purports to ensure South Dakota's public colleges and universities protect free speech on campus. In the past 24 hours, he
has devoted 3 posts to the subject.
I've opined that HB 1087 will not change anyone's mind. In fact, I believe it will do little except increase paperwork.
I consider myself as close a free speech absolutist as possible. I'll accept the fact one should not yell fire in crowded theater if there's no fire, but young'uns should be able to wear their black armbands in school; folks can wear MAGA hats or Trump is the Devil t-shirts to their hearts' content, and people I disagree with should be able to march for causes they believe in.
I'll even stipulate that no one has the right to not be offended, although a democratic republic works far better when people avoid deliberately offending others. I believe that
violence that surrounded Charles Murray's speech at Middlebury to be reprehensible .
That said, the biggest problem with HB 1087 is that it begins with the premise that colleges are awash with liberal thought and that all conservative intellectuals are denied access to the ivory tower. Therefore, the power of the state must be brought to bear because no other venues exist for conservative speech in any other part of the public square.
Republicans used to be wary about state intrusion into these issues because they understood the state to be a leviathan. They would have opposed legislation like this if it had been proposed by progressives. In that case, Republicans would argue that state power is a cudgel that that will be used to destroy free speech or promote liberal speech at the expense of conservative speech.
Powers points to the
USD Student Bar Association Hawaiian Day party being changed to Beach Day as proof that HB 1087 is necessary. Yet, that situation was taken care of without the legislation. Further, it's not clear what was "intellectual" about that debacle.
In addition, I keep wondering what views cannot be expressed. I'm all for bringing Noam Chomsky and Charles Murray to campus on the same night and letting them argue. I don't see anything in HB 1087 that encourages this sort of academic debate.
HB 1087 seems to go beyond debate or intellectual argument. Instead it seems to weigh all ideas as intellectually equal. As such, it prompts questions: Should a geology professor allow a young earth creationist to hold forth for a whole class period or two class periods in order to insure intellectual diversity has been developed or preserved . Should an African American history class give time to someone to espouse the virtues of blackface as an art form? If a professor contends that FDR acted properly at Yalta, does the University have to give equal time to someone who believes Yalta was an act of treason?
Powers also rejoices that the President has announced
an executive order about speech on college campuses. Although the text of the order is not available, I doubt that anything in the executive order will protect someone on a college campus who contends that Trump's is likely to use his MAGA hats like
Gessler used his hat in the William Tell tale. In fact,
given Trump's desire to weaken libel laws, that speech might get the person sued.
For years, the argument has been that the best cure for bad free speech is more good free speech. HB 1087 doesn't seem as if it will promote an free speech.