Letter from Stanford Law School Dean to the Campus Community
thefire.org
thefire.org
I appreciated that. We have responsibilities to defend our points of view, if those points of view are to be defended. (and if those points of view are defensible).
The Paradox of Tolerance disappears if you look at tolerance,
*not* as a moral standard, but as a social contract.
If someone does not abide by the terms of the contract,
then they are not covered by it.
In other words: The intolerant are not following the rules of
the social contract of mutual tolerance.
Since they have broken the terms of the contract, they are no longer
covered by the contract, and their intolerance should *not* be tolerated.This quote simply reduces to "do as I say, or I will harm you"
As an experiment, you can imagine someone else's social contract, which you are likely violating.
Edit: I vouched for the flagged parent comment, not because I agree, but because I passionately disagree and would like it to be visibly refuted, rather than censored
I don't think my comment was said in bad faith. I honestly wasn't expecting it to be particularly inflammatory. Yet, some set of people felt my words attacked them and chose to respond in kind with violence (use of flagging to force invisibility).
The complete irony of flagging my comment is that it is implicit agreement with the idea that I was stating.
At what point does believing that someone should be stripped of their rights become or manifest violence? At what point does trying to spread that idea that someone should be stripped of their rights until there is wide consent for actually stripping someone of their rights become violence?
There is an economy of speech and shutting down and not tolerating the abhorrent speech inhibits its replication. Speech that feels good replicates. Speech that feels bad dies. Speech can foment hate and that hate can feel good. Eventually those feelings manifest as actions that that the speakers feel righteous about.
At what point does "gay people are an abomination" go from opinion to violence? At what point should it be addressed? When should the speech be responded to with force?
I would assert that hearing speech like that means it is, at minimum, time to arm oneself with the tools of violence.
My central thesis is this: Intolerance acts as a selective force against replication of memes (the technical word, not the colloquial one). There should be a cost for saying "gays are an abomination."
My understanding of your statement is that you read it as a justification for violence. I believe what I quoted is an indictment of pacifism.
In our game of prisoners dilemma, you are cooperating, and that is admirable. It is best when people cooperate. As long as people are cooperating, everyone should cooperate. Everyone speaking freely and respecting eachother speech is cooperation. At what point do you recognize defection? At what point does bad faith become defection? How do you respond when someone announces their intent to defect? What are the results when two entities get locked in a pattern of defection?
I generally believe this is a good faith discussion. I believe all good faith discussions should be protected. Once a discussion becomes bad faith, I think force/violence is the only way to move forward.
I guess the other core idea I have is that bad faith is a form of violence.
Here are several situations I think an analysis of would provide insight into the distinction between words, violence, and power structures: civil war/slavery, revolutionary war, the war in Ukraine.
>At what point does "gay people are an abomination" go from opinion to violence? At what point should it be addressed? When should the speech be responded to with force
Quite simply it, ideas becomes violence when the violence occurs. Disagreeable opinions should be addressed at points, but the tools and responses should differ based on the point in time. Force is an appropriate response to immediate violence, but you should be aware that by refusing to talk or engage you are closing the door on compromise or changing minds, and matters will now be settled on the basis of superior force or power, opposed to collaboration.
>I would assert that hearing speech like that means it is, at minimum, time to arm oneself with the tools of violence.
I think that is fair. I think most people should be prepared to defend themselves violently if needed. I would not willingly be harmed or be incarcerated when I feel I have done no wrong, and don't think others should either.
>My central thesis is this: Intolerance acts as a selective force against replication of memes (the technical word, not the colloquial one). There should be a cost for saying "gays are an abomination."
This line of thought assumes that negative memes outcompete positive ones, and costs are required to control them. The question becomes when can costs be imposed, and what are appropriate costs. There is a clear line between withdrawing your support, and interfering with others. That is to say, it is one thing to refuse to talk or support someone who says "gays are an abomination", but another to actively prevent them talking with a willing 3rd party. It is one thing to abandon a friend who says it, and another thing to punch your friend.
>My understanding of your statement is that you read it as a justification for violence. I believe what I quoted is an indictment of pacifism.
What is the difference? If you condemn pacifism, you are left with violence.
>I guess my main question to you is when is violence (the use of force rather than consensus) acceptable and when does it become acceptable? Here are several situations I think an analysis of would provide insight into the distinction between words, violence, and power structures: civil war/slavery, revolutionary war, the war in Ukraine.
The short answer is that violence is acceptable when you are willing to fight and die over the dispute. By taking violent action, you are agreeing to be subject to violent rules of engagement. Maybe you are already subject to violence, and the other party has defected from pacifism so you don't care, but in other cases the decision may be more difficult.
If you have a verbal debate over if "gays are an abomination" and escalate to violence, the other party has a right to defend themselves no matter if you are right or wrong on the verbal topic. The central question when leaving the realm of dialog is if "the juice is worth the squeeze".
But what is violence to you?
Is something only violent when something is resisted? If I tell my taxi driver to give me their money or I will hurt them, and they don't resist me, was there violence? If they say no and I don't do anything to make them was there violence?
Before I invest in writing a longer more thought out response:
At risk of invoking the ghost of Godwin, here is chart showing the journey from words to legal action to extermination of Jewish people in Nazi Germany: https://museeholocauste.ca/app/uploads/2019/03/anti_jewish_l...
I believe Feb 28, 1933 is clearly violence despite it being manipulation of words and speech.
April 7, 1933 is even more clearly violent.
In your opinion, at what point would violent resistance have been justified? Nov 9th, 1938?
It is not violent only when there is resistance. The act of domination is violent regardless of it being resisted or not. When it is resisted it is obviously violent, but if it is not resisted because the cost is too high, domination is still an act of violence.
My perception is that your stance makes an assumption of good faith. In the game of prisoners dilemma, what happens when the other party defects?
> What is the difference? If you condemn pacifism, you are left with violence.
Because violence (defection) is obviously bad, but letting defection (violence) be a winning strategy is worse. (beautiful game to demonstrate this property: https://ncase.me/trust/)
This gets directly back into the original quote about the paradox of tolerance.
The paradox of tolerance is that when you tolerate (cooperate) with those who choose intolerance (defection), you lose.
The social contract of tolerance is that when somebody chooses intolerance (defection) as a strategy, you make sure they lose by not tolerating them (also defecting).
The way the US supreme court interprets the 1st amendment is a good bar.
In the US, direct violent threats, and things that are likely to cause imminent lawless action can be illegal, and most everything else is allowed.
Almost all speech, in the US, is protected, and there are only a couple, pretty specific and rare situations where people get in trouble for speech.
That's a good metric, and solves all the stuff that you brought up in the rest of the post, where you pretend like this is a question that hasn't been discussed to death, and solved, in conversations surrounding the 1st amendment, already.
So whatever the 1st amendment protects right now, is a great metric for what should be allowed.
So if sitting justices decided to re-interpret it in a way that strips people of their rights, would that be a form violence?
What I am saying is that on speech stuff specifically, the courts have done a great job, and that this speech stuff has been discussed for centuries, in the court system.
So, it is not because a judge says something, that makes it ok.
Instead, the causation is reversed.
People have been doing this 1st amendment thing for centuries, addressing all the crazy hypotheticals that you bring up.
And because of that, they've mostly gotten to a good place.
Feel free to quote an exact statement that I made, and say specifically what is right or wrong about it, in reference to the direct quote.
- Who gets to define intolerance? Is tolerance vs. intolerance binary (obviously not - it exists on a spectrum that's hard to define).
- This completely overlooks the importance of dialogue/debate/negotiation. Pretty important for a functional democracy.
- "Paradox of Tolerance" is basically just used by assholes to justify their intolerance of views they disagree with.
This is exactly it. The way the snippet defines things, whichever person calls the other (illicitly-)"intolerant" first gets to be (licitly-)intolerant of the other. It takes two to tango^W disagree.
Each person decides for themself whether or not a belief deserves to be met with intolerance. The Paradox of Tolerance can be used by assholes to justify their intolerance but it can also be used by people who are in the right. Perhaps in the present context at Stanford you should be tolerant of the intolerant lest you become one of the assholes.
If you go and kill 250k Afagan civilians in the name of intolerance, including women an children, you might be an asshole.
Didn't you mean to write 'intolerance' there instead of 'tolerance'?
Instead of the Twitter generation looking to viral content for wisdom, perhaps they should instead read works of classic philosophy.
When the “debate” includes some form of how racist or transphobic, or hateful, or privileged I am, then anything after that is going to be ignored because I am neither racist, transphobic, or hateful, so when my ideas are attacked as such simply because I don’t agree with neo-Marxist ideas of government and society, then it’s clear there is no point in listening any further.
Why am I going to take lessons on racism, sexism, or any other -ism or -phobia from those who judge me entirely on my skin color and my gender? Why should I care about the ideas of those who hate me?
My point here is that these children and their supporters who think they’re going to “win” by smothering the other side are hastening their own irrelevance. You don’t win hearts and minds by punching people in the face (figuratively and literally.)
It is so depressing to hear well-educated conservatives act as if the primary racism in this country is directed against conservatives.
Is some racism directed against self described well educated conservatives? Certainly. Is the amount of racism directed against well educated conservatives within even an order of magnitude of the racism directed at Black, Latino, and Asian individuals regardless of political leaning or educational level? Far greater self-reflection is needed on the part of those who believe it is.
The experiences you are having as a self described well-educated conservative who is encountering racism directed at you should give you empathy for those who experience racism at much higher rates than you do, because these experiences that are new for you are not new for them.
Certainly not as conservative as the poster, but that's not what they said. They seemed to indicate that it's hypocritical to call someone a racist solely on the basis of their race, and I agree.
> The experiences you are having as a self described well-educated conservative who is encountering racism directed at you should give you empathy for those who experience racism at much higher rates than you do
Why are we to suppose the OP doesn't have empathy for those who experience racism at much higher rates? It sounds like you're not listening to them, in fact imagining they hold views it's not clear they hold.
They are saying it's hard to listen to anyone when they are calling you racist, sexist, homo/transphobic when you're not, or when someone chooses to talk about your race or other essential characteristic, rather than your ideas.
Consider for a moment the OP didn't come here to explain who has it worse. Perhaps they are trying to explain that they are more interested in ideas than struggle sessions. Again, I agree.
It’s not. Maybe they should toughen up a little bit.
> or when someone chooses to talk about your race or other essential characteristic, rather than your ideas.
Some states in the US want to tell adults how to dress based on the characteristics of their private parts.
What are your conservative ideas about that ?
Not listening when someone wrongly labels you and calls you names seems like a healthy response? At least compared to losing your mind in front of a federal judge?
> Some states in the US want to tell adults how to dress based on the characteristics of their private parts.
Yeah, that's not good. But I'd imagine law students losing their cool over a judge whose rulings never touch that particular trans issue make it less likely Americans give these draconian and illiberal laws a second thought.
So -- nice job, goofball. You've stepped on our collective dicks and proven how ridiculous progressives can be once again. Love nothing more than you proving how impotent and self important we can be.
Aren’t you privileged though ?
Suffering racism hurts more than being called racist - those are not the same
The slaves owned by Thomas Jefferson suffered more by his enslavement than Thomas Jefferson when his statues are torn down - and yet conservative people complain a lot more about the latter
First -- no one said this. No one has made the argument that suffering racism isn't awful. You hold a mistaken and caricatured view of most conservatives.
Second -- it's not a particularly conservative value to want to hear what a federal judge has to say to a classroom of law students. If you absolutely can't stand what a judge has to say, try to a form a question that might confound the judge, and which might demonstrate why you think they are wrong. That's one remedy for a law student. You can also choose not to attend. You can attend, and hold up a sign that shows your discontent. You can do any number of things, but one of them is not what amounts to a heckler's veto of a federal judge.
Why? Because it's important liberal judges can speak to law students in Nebraska and Oklahoma and Mississippi without being shouted down. Because, although you may have already made up your mind about everything, persuasion, reasoned debate, and an open exchange of ideas matters to others of us. It's profoundly selfish to make the choice for me about what speech I should be able to listen to.
Judge Duncan is not my cup of tea, but this illiberal strain of "progressivism" is certainly not it either.
gp I responded to stated:
> When the “debate” includes some form of how racist or transphobic, or hateful, or privileged I am, then anything after that is going to be ignored
So being called racist or hateful is enough to cancel their dialog, but those suffering under racism or hate must allow the dialog to continue
> You can do any number of things, but one of them is not what amounts to a heckler's veto of a federal judge.
They can, and they did
> Judge Duncan is not my cup of tea, but this illiberal strain of "progressivism" is certainly not it either.
Judge Duncan represents hate against women, gays, and transgender citizens
https://www.theadvocate.com/baton_rouge/news/politics/articl...
> He’s built a lengthy and high-profile record of battling against gay, transgender and abortion rights, including defending abortion restrictions on behalf of the state of Louisiana. He also defended highly controversial voter ID laws in Texas and North Carolina and fought against gay marriage.
We already know what he is going to say. He’s been able to argue in front of the Supreme Court. He can’t be cancelled. His words are literal law. He gets to say whatever he wants from a lifetime appointment to the federal judiciary.
Again -- that's not what anyone said. Ignoring speech isn't canceling dialogue. Ignoring speech, here, is a much healthier response compared to a heckler's veto.
> They can, and they did
I was obviously saying that's not an avenue that's acceptable for law students. And this letter clearly and thankfully discourages that tact. I wish it went further.
> We already know what he is going to say.
I didn't and I don't? Please stop speaking about things you have no earthly clue about.
The point was -- as I explained in some detail -- it's selfish of you to try to determine what speech I do or don't get to listen to (more simply, stop being a baby when you don't get your way?). If you know what he's going to say, and you don't care for it, then don't attend, or ignore his speech, or if you are a law student, pick one of the dozens of avenues for your speech that don't outright prevent the speech of others.
And please, for the love of God, don't stop taking the bait and looking this ridiculous. These law students were caught shouting down their political enemies because they were angry and they had some power. But once exposed we can see this for what it was -- it was obviously silly. Why? Because -- once exposed -- it was obvious just how politically counterproductive for their cause this was. Most normal people hate academics acting this loony toons, and young people bullying their elders. So -- for one reason or another, please quit the self righteous act, and focus on winning the next round, not reminding us how you lost this one.
I repeat:
Judge Duncan represents hate against women, gays, and transgender citizens
https://www.theadvocate.com/baton_rouge/news/politics/articl...
> He’s built a lengthy and high-profile record of battling against gay, transgender and abortion rights, including defending abortion restrictions on behalf of the state of Louisiana. He also defended highly controversial voter ID laws in Texas and North Carolina and fought against gay marriage.
I wouldn’t let a guy with “a lengthy and high-profile record of battling against gay, transgender and abortion rights” speak at my house would you ?
And I’d question the intentions of anyone who invited him
Same thing at Stanford, who TF in 2023 wants to hear anything he has to say ?
I see the students protest in this same vein “not in our house”
Whether the novel political upheaval of the day is anti-monarchist revolutionaries, anti-Communists, or LGBT/BLM/defund-the-police activists, it takes the silent majority of moderate reasonable people a little time to figure out what the fomentor's game is, and distinguish political change with real sustained staying power vs. the flash in the pan. Then, as people grow tired of the day's fad and having daily life disrupted by something that clearly isn't working, they develop the successful counterarguments and the public support to quiet those unreasonable agitators.
It takes time, but you eventually see what actually sticks as the change desired by the bulk of reasonable people.
This gets to the point. Question is whether society / the school/ these students want that.
The fact you're still saying this indicates you didn't read the letter or that you did and still don't understand that.
The First Amendment is not something that depends for its legitimacy or efficacy on what students of a school or indeed society in general wants at any time. If it's true that society 'wants that', then society can go through the process of Constitutional amendment. Short of that, it is not at all a question of what society wants.
What do you think those rules should be and how do you treat the opposition?
Different societies have come up various thoughts on this question. It is not hyperbolic to say that some societies have decided such questions by Force, assassinating and Exterminating people with opposing views. There is a wide spectrum between that and polite debate, and the Salient question is where the line should be drawn
Have you ever considered the possibility that you may not be, in fact, "right"?
What a fundamentally tone deaf response. It demonstrates a profound empathic disconnect between the administration and the student body. I wouldn't be surprised if it had the unintended consequence of making things worse.
If you don’t like what’s being sold in the marketplace of ideas, that doesn’t give you the right to burn the shops.
The ones who invited the speaker and were obstructed, or the students who did the obstruction?
Should they both try to understand and build bridges respectfully, or is that burden only on one group?
Students who want to hear a lecture should instead empathize with the people disrupted it.
The people disrupting it have no burden to listen, learn, or engage with ideas they disagree with