Mayhem at Middlebury College

Background

Middlebury, Vermont, March 2017

Click here to familiarize yourself with this event through the Free Speech Tracker

The First Amendment to the U.S. Constitution

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The Incident and Its Aftermath

Hundreds of Middlebury students protest speaker
This video, from the Burlington, Vermont NBC affiliate, provides an initial overview of the events and includes student and community perspectives on Murray’s speech.
Protesters Disrupt Speech by ‘Bell Curve’ Author at Vermont College
The New York Times
Allison Stanger’s Facebook post
Understanding the Angry Mob at Middlebury That Gave Me a Concussion
The New York Times
More Sanctions (and Debate) at Middlebury
Inside Higher Education
Charles Murray speaks at Columbia, with support of nearly 150 faculty members
USA Today, College
Charles Murray Event Draws Protest
The Harvard Crimson
The Real Problem with Charles Murray and ‘The Bell Curve’
Scientific American

Similar Incidents on the Free Speech Tracker

Students in Pennsylvania protest speaker, engage respectfully during Q&A period — March 2017
Student protesters in California block conservative speaker from entering building — April 2017
Death threats cancel commencement address at University of California, San Diego — June 2017
Jesuit priest disinvited from university in DC due to pro-LGBTQ beliefs — September 2017
Law students at Lewis & Clark College interrupt appearance by Christina Hoff Summers — March 2018
Middlebury College cancels scheduled lecture by Polish philosopher/politician and planned protest, amid safety concerns — May 2019
Protesters shout down then-Acting Homeland Security Secretary at Georgetown Law — October 2019
Georgia college students protest author’s message by burning books — October 2019
Kennesaw State students object to speaker at Martin Luther King Jr. holiday event — January 2020
University of British Columbia sued for canceling talk by U.S. journalist — January 2020
Gun rights activist forced off Ohio University campus by protesters — February 2020

The Role of Free Speech

Free Speech Controversy Erupts at Middlebury College
WBUR
A Violent Attack on Free Speech at Middlebury
The Atlantic
Middlebury: Who Pays for Free Speech?
The Nation
The Right Way to Protect Free Speech on Campus
The Wall Street Journal

Point / Counterpoint

What is the role of discipline in this case? What was Middlebury, as an institution, claiming to support? What are the principles behind the faculty and student point of view?

An Initial Statement of Our Principles
The Middlebury Campus
Open Letter to President Patton
The Middlebury Campus
Middlebury, My Divided Campus
The New York Times
A Painful Lesson
The New Criterion
The Myth of the ‘Marketplace of Ideas’ on Campus
The New Republic

Two Later Incidents at Middlebury College

Discussion Questions

What really went wrong at Middlebury College on March 2, 2017? Could the college faculty and administration have handled Murray’s visit differently? What was the underlying cause of the unseemly violence, and how could it have been avoided?
On the same night, a controversial and contested speaker appeared at another small liberal arts institution, Franklin & Marshall College in Lancaster, Pennsylvania. Why did that visit go more smoothly?
How are we to understand the similar incidents, documented in the Free Speech Tracker, at Lewis & Clark College in Portland, Oregon, and Claremont McKenna College in Claremont, California? Could the students at these schools have achieved their goals more effectively using different tactics?
The conventional wisdom is that such disruptions almost always involve a liberal shutdown of conservative speech. But there are two examples here of just the opposite. Is it equally offensive that a Jesuit speaker was prevented from talking at the Catholic University of America in Washington, D.C., because of his views? And that a Princeton professor’s commencement address at the University of California, San Diego, had to be canceled after she received death threats when her comments at Hampshire College in Massachusetts were circulated in cell phone videos?
How can U.S. colleges and universities restore civility to such conversations?

Activity

Click on these themes below: Violence/Threats + Hate Speech + Identity

Discuss: What does this confluence of stories with these filters tell us about Free Speech issues and race in the United States? Free Speech and violence?

Themes

Artistic Expression

A pro-Trump mural vandalized with the slogan “stop white supremacy.” A television reboot canceled after a racist remark from its star comedienne. A painter denied a venue after previous sex offenses came to light. University productions of vintage theater works canceled because of language that now seems insensitive. Artists are traditionally seen as having broad creative freedom to express themselves, yet the national climate and divisions along lines of identity have demonstrated just how political art can be. These cases underline that no art form — from theater to sculpture to music — is free from society’s battles about speech.

Foreign Policy

Though less so in recent years, the United States has often sought to expand freedom of expression beyond its borders as a condition of its relations with other countries. Is it right to do so? As speech freedoms are threatened abroad by increasingly authoritarian leaders — and those who embolden them — more and more individuals are likely to be prevented from telling the truth about conditions in their countries. Often inadvertently, U.S. leaders have also complained about Americans’ freedom to criticize, oblivious to the message this sends to foreign leaders.

Hate Speech

For decades, activists have proposed that hate speech — speech that disparages a particular group of people — be restricted in certain arenas. In some universities, for instance, student activists have sought to ban speakers who express openly racist or anti-LGBTQ views. While advocates of civil rights and social justice argue that Free Speech is often used to perpetuate stereotypes and hatred against long-marginalized communities, strict interpreters of the First Amendment tend to agree with a famous line from former Supreme Court Justice Oliver Wendell Holmes, who wrote in a 1929 opinion that the principle of free speech is not “free thought for those who agree with us, but freedom for the thought that we hate.”

Heckler’s Veto

There is seemingly a script for Free Speech disruptions on college campuses: A political provocateur is invited to campus, and protesters agitate against him or her with the aim of precluding the speaker from delivering a talk. This kind of disruption — called “the heckler’s veto” — is repudiated everywhere by experts on First Amendment jurisprudence, who claim that this combative practice is not the way to settle disputes in our society. But some also argue that protesters are guaranteed the right to heckle or even silence a speaker by the First Amendment. Others still take issue with the idea that virulent racism or other threatening speech can be calmly discussed and analyzed.

Identity

Almost any aspect of one’s life can be considered a marker of identity: Beyond race and gender, people cite factors like ability, age, sexual orientation, citizenship or immigration status, and religion as definitional elements of who they are. And Americans today often speak of the communities that form around those identities with an astounding dearth of knowledge about the history that has shaped and informed those experiences. Sometimes, ignorance about these issues can lead to outright combativeness. As people grapple with how to live their identities in a public way, they may encounter the vitriol of those who don’t want to accept their place in society. Should the state protect the views of those who allegedly wish to invalidate the identities of others?

Legal Action

In September 2017, white supremacist Richard Spencer sued for a right to speak on the campus of Michigan State University, a public, land-grant college. Similar legal action took place, with varying results, at the University of Cincinnati, the University of Florida, and Penn State University. Because the right to Free Speech is enshrined in the First Amendment to the U.S. Constitution, those initially denied a platform to speak — often because they appear to present a threat to public order — have had their way after arguing in court that a public space cannot deny anyone a soapbox. These disputes frequently result in civil lawsuits as well as administrative investigations.

National Security

Although the days depicted in Steven Spielberg’s film, “The Post” — with a war in Vietnam, an embattled White House, and the classified Pentagon Papers — are long gone, the government continues to claim it has an interest in keeping certain secret material from the public eye. Massive online leaks, such as the one undertaken by Edward Snowden, a former CIA employee and intelligence analyst, have led to the discovery of civilian surveillance programs orchestrated by the National Security Agency. Meanwhile, former President Barack Obama used the power of the executive to prosecute more leakers under the Espionage Act than all previous presidents taken together, highlighting the tension between the country’s interest in keeping the homeland secure and the public’s right to know how its business is being conducted.

Press

“The only way to assert the right to publish is to publish,” once said Ben Bagdikian, a Washington Post editor who played a pivotal role in keeping the Pentagon Papers public, after the New York Times had been temporarily restrained from publishing the documents. Just a few days later, the Post was also taken to court by the government for doing exactly that: exercising freedom of the press. The modern-era attacks on the media come from all corners, including the White House, which calls mainstream news outlets “fake news” and their journalists “enemies of the people.” Yet the press is one of the stalwart avenues for the defense of Free Speech, and individuals from all political stripes take to op-ed pages to express their (sometimes incendiary) opinions.

Professional Consequences

The concept of academic freedom is frequently invoked when to defend a professor’s incendiary comments in the classroom. But posted online, the same comments could cost the professor his or her position. Because not all universities are publicly funded, competing interpretations of exactly what speech is protected have emerged. Common disciplinary actions include removing professors from teaching, placing them on academic leave, or, particularly in the case of adjunct faculty, firing them outright. The career disruptions go beyond academia, too: in October 2017, a government contractor in Virginia was fired from her job after being photographed giving the middle finger to the presidential motorcade as she bicycled past.

Protest Politics

The First Amendment guarantees the right to assemble, but in recent years that principle has come under increased scrutiny. Whether it be state legislators who want to mitigate consequences for drivers who “accidentally” hit demonstrators or attorneys in the District of Columbia attempting to indict journalists and nurses for rioting they were not a part of, the protest scene in the United States is beginning to resemble the street battles that took place in the Vietnam War era. And as organized political movements have drawn millions for the Women’s March in 2016 or the Families Belong Together March in 2018, the politics of protest are not likely to mellow anytime soon. Does the state ever have a legitimate interest in restricting — or even punishing — protests?

Social Media

Social networks have proven to be the most difficult arenas in which to debate Free Speech. Are they supposed to be a replica of the public square, where nearly any opinion deserves amplification — and scrutiny? Or are they meant to provide a space free of hate speech and misinformation, where users can feel safe communicating their ideas about the world around them? Companies such as Facebook and Twitter have vowed to combat rhetorical bile on their platforms, but have not given the public much insight as to who decides what type of content should be censored. And social content can be permanent: if a user chooses not to delete a post, it can come back to haunt him or her years later, potentially causing career disruptions. How and where to draw the lines in these increasingly popular platforms are among the defining questions for Free Speech today.

Violence / Threats

Professors fearing for their lives as they receive death threats. Shattered storefronts in Washington, D.C., blocks away from a presidential inauguration. Bedlam in Charlottesville as a self-avowed neo-Nazi drives into a crowd of counter-protesters. The link between violence or threats thereof and Free Speech only seems to be getting closer in the United States, and it seems to defy all reason that these incidents continue to occur when the highest court has historically held that speech that incites or directly leads to violence can be restricted.

Type

Enhanced Entry (contains Podcasts, Videos, or Timeline)