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education and schooling First Amendment rights general freedom

Harvard, Hamas and Harassment

Let’s assume that most Harvard University officials harbor no special animus against Jews.

Let’s also assume that the school’s willingness to ignore its own policies while Jewish students were the focus last year of what Judge Richard Stearn agrees was “‘severe, pervasive, and objectively offensive’… harassment” by Hamas supporters was motivated, rather, only by lack of courage.

Giving them the benefit of the doubt, let’s say that Harvard officials were motivated only by craven unwillingness to go against one of the latest left-​wing ideological fads, that of letting anti-​Israel agitators run wild.

But a policy that protects students from harassment and assault only when this is easy or fashionable to do — while insisting on “freedom of speech” for persons pushing past obnoxious speech into criminal assault and battery — is not much of a policy.

Stearns’s ruling is not a binding decision on the merits of the plaintiffs’ lawsuit. He simply allowed it to proceed.

His refusal to dismiss means that he finds the plaintiffs’ argument plausible — the argument that Harvard has violated its contractual obligations by observing what pro-​Hamas students were doing to other students with supreme institutional indifference.

Indeed, he finds that the protests “were, at times, confrontational and physically violent, and plaintiffs legitimately fear their repetition. The harassment also impacted plaintiffs’ life experience at Harvard; they dreaded walking through the campus, missed classes, and stopped participating in extracurricular events.”

Peaceful protest ends when riot, assault, and intimidation begin. Institutions of both law and higher learning should always make that dividing line as clear as possible.

This is Common Sense. I’m Paul Jacob.


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The “Racial Animus” Gambit

Among the deflections littering former Harvard President Claudine Gay’s resignation letter is the claim that major criticisms of her conduct are “fueled by racial animus.”

The controversies have made Gay, a black woman, very visible. She may have been subjected to racial attacks in emails or on somebody’s blog. I haven’t seen reports of such. It’s possible.

But her letter makes it seem as if she feels all of it, all the criticisms of her understanding of policies regarding the treatment of Jews on campus and criticisms of her own treatment of the words of others in her published work, were “fueled by racial animus.”

If only blacks alone were ever charged with ambiguity about antisemitism or committing plagiarism, the implication might be at least superficially plausible. 

But it’s not.

Yesterday, I discussed the considerations that properly affect campus speech policies (“The Resignation”).

Here let me note, first, that scholars of all hues and sexes have been plausibly accused of plagiarism. Example: historian Doris Kearns Goodwin, white woman. Male example: Steven Ambrose.

And, second, that Harvard’s backing and filling and own animus in response to documented charges of plagiarism have converted the matter from a problem mostly for Claudine Gay personally to a problem for Harvard as an institution. By violating its own policies for dealing with the charges and by attacking the messenger, Harvard seemed to be saying that standards of scholarship like “Don’t plagiarize” don’t matter.

But they do.

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights general freedom

Freedom vs. Force at Harvard

Things haven’t been going well for freedom of expression on campus.

Institutions of higher learning where foes of free speech flourish include purported bastions of intellectual discourse like Harvard University. In 2022, Harvard ranked 170th out of 203 schools with respect to free speech on campus in an assessment by the Foundation for Individual Rights and Expression (FIRE).

According to a 2023 College Pulse survey, 26 percent of Harvard students say it’s sometimes okay to use violence to stop speech on campus. Only 27 percent say it’s always wrong to shout down a speaker.

“Many, many people are being threatened with — and actually put through —  disciplinary processes for their exercise of free speech and academic freedom,” says Janet Halley, of Harvard Law School. “Many people think that they’re entitled not to be offended.”

Jeffrey Flier, medical school professor, says free speech has been in decline at Harvard at least since 2007.

Halley, Flier, and more than 100 other Harvard faculty members have newly formed the Council on Academic Freedom.

Flier says it’s been too hard for professors to simply “[put] their head above the parapet [and say] ‘I think this is wrong.’ There hasn’t been any network of people from across the spectrum that could be able to do this. But that’s what we now have in the council.”

The Council seems to be off to a good start. Now let us see how many of the rest of the school’s 2,400 or so faculty members join up.

This is Common Sense. I’m Paul Jacob.

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education and schooling

End Educational Freedom Now!

“A rapidly increasing number of American families are opting out of sending their children to school,” Erin O’Donnell informs in the May-​June issue of Harvard Magazine, “choosing instead to educate them at home.” 

Yippee! Thanks for the great news — right?

Not to O’Donnell, or to Harvard Law Professor Elizabeth Bartholet. O’Donnell’s article is something of a friendly regurgitation of Bartholet’s Arizona Law Review article, entitled, “Homeschooling: Parent Rights Absolutism vs. Child Rights to Education & Protection.”

Bartholet “recommends a presumptive ban on homeschooling.” Why? Because, as O’Donnell offers, it “violates children’s right to a ‘meaningful education’ and their right to be protected from potential child abuse …”

Her evidence? Professor Bartholet offers none. Harvard Magazine does not need any.

Avoided, perhaps, because research shows students educated at home significantly outperform public school students on standardized tests. 

As for the specter of homeschooling as massive smokescreen enabling vicious child predators? “The limited evidence available shows that homeschooled children are abused at a lower rate than are those in the general public,” Dr. Brian Ray reported in 2018, adding that “an estimated 10% (or more) of public and private schoolchildren experience sexual maltreatment at the hands of school personnel.”

So, what is going on here? 

Perhaps O’Donnell provides the explanation, writing that “surveys of homeschoolers show that a majority of such families … are driven by conservative Christian beliefs, and seek to remove their children from mainstream culture.” 

Oh, my, can that be permitted? Should people choose their own religious and cultural beliefs? May parents freely educate their kids?

Bartholet calls that “essentially authoritarian control,” which is “dangerous.”

There, she is correct. Homeschooling is dangerous … to experts hell-​bent on telling us what to think.

This is Common Sense. I’m Paul Jacob.


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Harvard Shrugs

Wait for it: There’s another financial bubble ready to pop.

I’m not an economist, so I could be as wrong as, uh, a Keynesian strung out on (and pushing) “economic stimulus.” But the usual signs of an over-​priced market sure seem to apply to higher education, today. After all, colleges and universities are sustained and over-​fed by massive debt … in this case, government-​guaranteed student loans, now passing the trillion-​dollar mark.Harvard Shrugs

From your local community college to the Ivy League, the whole industry reeks of insider advantages, constricted supply and inflated demand. So of course prices rise.

Beyond all reason.

The latest sign on the way to the bubble’s bursting comes from Harvard. That august institution’s Faculty Advisory Council for the Library issued a memorandum last week declaring that the cost of subscribing to peer-​reviewed journals has become too great to bear. Robert T. Gonzaleaz, writing at io9, puts this news in perspective:

What does it say about the world of academic publishing, the accessibility of knowledge, and the flow of information when the richest academic institution on the planet cannot afford to continue paying for its peer-​reviewed journal subscriptions?

When I look at the prices of textbooks and journals and academic books, I wince. Were this industry marked by laissez-​faire policies and free markets, the typical leftist “anti-​greed/​anti-​business” attitude might make sense. But this is an industry riddled with government intrusion, as far-​reaching as the intrusions into housing and banking that led to 2008’s financial debacle.

How could the over-​sold, over-​subsidized, over-​controlled college-​university industry remain immune to a similar catastrophic deflation?

This is Common Sense. I’m Paul Jacob.